2023 -- H 5007 SUBSTITUTE A

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LC000062/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT

     

     Introduced By: Representatives O'Brien, Slater, Abney, Serpa, Bennett, Potter, Corvese,
Baginski, Shanley, and Solomon

     Date Introduced: January 06, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-24.6-4 of the General Laws in Chapter 23-24.6 entitled "Lead

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Poisoning Prevention Act" is hereby amended to read as follows:

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     23-24.6-4. Definitions.

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     For the purposes of this chapter:

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     (1) "Apprenticeable" means any nationally-recognized occupation that has a pre-existing

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registered apprenticeship program approved pursuant to 29 C.F.R. Part 29 and Part 30.

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     (2) "Approved apprenticeship program" or "apprenticeship program" means an

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apprenticeship program that has been approved by the U.S. Department of Labor, or by a

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recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such

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programs shall not include those that have obtained only provisional approval status. The required

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apprenticeship programs may either be programs that have specifically allocated funding and are

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subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.

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("ERISA"), or non-ERISA programs financed by general funds of employers.

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     (1)(3)"Childhood lead poisoning" means a confirmed venous blood lead level, measured

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in micrograms of lead per deciliter of whole blood, established by rule by the Rhode Island

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department of health based on the best available information about the effects of elevated blood

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lead levels.

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     (2)(4) "Comprehensive environmental lead inspection" means the inspection of any

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structure or premises for the presence of lead in various media and includes sampling as may be

 

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necessary or expedient in order to determine compliance in the structure or premises with standards

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for being lead safe or lead free.

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     (3)(5) "Department" means the state department of health.

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     (4)(6) "Director" means the director of health.

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     (5)(7) "Dwelling" means any enclosed space which is wholly or partly used or intended to

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be used for living or sleeping by human occupants.

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     (6)(8) "Dwelling unit" means any room or group of rooms located within a dwelling and

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forming a single habitable unit with facilities which are used or intended to be used for living,

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sleeping, cooking, and eating.

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     (7)(9) "Environment intervention blood lead level" means a confirmed concentration, in a

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person under six (6) years of age, of lead in whole blood of greater than or equal to twenty (20)

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micrograms per deciliter for a single test or for fifteen (15) to nineteen (19) micrograms per deciliter

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for two (2) tests taken at least three (3) months apart or as defined by the department consistent

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with regulations adopted by the U.S. Department of Housing and Urban Development.

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     (8)(10) "Environmental lead hazard reduction" means activities undertaken by or on behalf

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of a property owner in order to achieve lead free or lead safe status pursuant to the requirements of

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this chapter.

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     (11) "Full lead service line replacement" means the replacement of a lead service line that

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results in the entire length, including lead goosenecks or other lead connectors, of the service line.

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     (12) "Galvanized requiring replacement" means where a galvanized service line is or was

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at any time downstream of a lead service line or is currently downstream of a service line.

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     (13) "Galvanized service line" means iron or steel piping that has been dipped in zinc to

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prevent corrosion or rusting.

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     (14) "IIJA" means the federal Infrastructure Investment and Jobs Act, Pub. L. No. 117-58

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(2021) relating to drinking water found at Division E, Title I.

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     (9)(15) "Inspection" means the inspection, other than a comprehensive environmental lead

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inspection, of any structure or premises undertaken to determine compliance with the requirements

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of this chapter or with orders issued pursuant to this chapter.

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     (10)(16) "Insurer" means every medical service corporation, hospital service corporation,

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health maintenance organization, or other insurance company offering and/or insuring health

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services; the term includes any entity defined as an insurer under § 42-62-4.

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     (11)(17) "Lead contractor" means any person or entity engaged in lead hazard reduction as

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a business and includes consultants who design, perform, oversee, or evaluate lead hazard reduction

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projects undertaken pursuant to the requirements of this chapter.

 

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     (12)(18) "Lead exposure hazard" means a condition that presents a clear and significant

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health risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are

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children under the age of six (6) years.

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     (13)(19) "Lead free" means that a dwelling, dwelling unit, or premises either contains no

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lead or contains lead in amounts less than the maximum acceptable environmental lead levels

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established by department of health regulations.

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     (14)(20) "Lead hazard reduction" means any action or actions designed to reduce exposure

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to toxic levels of lead which impose an unacceptable risk of exposure in any dwelling or dwelling

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unit, where a child under the age of six (6) years, with environmental intervention blood lead level

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or greater resides, or on any premises and may include, but is not limited to: repair, enclosure,

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encapsulation, or removal of lead based paint and/or lead contaminated dust, soil or drinking water;

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relocation of occupants; and cleanup measures or ongoing maintenance measures, which may

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include activities and/or measures that do not present an undue risk to children under age six (6)

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and can be performed by, or on behalf of, the property owner, without the person performing such

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activities being licensed or certified.

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     (15)(21) "Lead safe" means that a dwelling, dwelling unit, or premises has undergone

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sufficient lead hazard reduction to ensure that no significant environmental lead hazard is present

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and includes but is not limited to covering and encapsulation.

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     (22) "Lead service lines" means any part of a public or private service line that is made of,

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lined with, or contains, materials consisting of lead. Service lines with galvanized steel or iron shall

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be considered lead service lines.

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     (23) "Lead status unknown" means where the service line material is not known to be lead,

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galvanized steel or iron requiring replacement, or a non-lead service line, such as where there is no

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documented evidence supporting material classification, and otherwise where a non-lead

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determination cannot be made. Lines which are lead status unknown will be considered lead service

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lines.

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     (24) "Non-lead" means where the service line is determined through an evidence-based

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record, method, or technique not to be lead or galvanized steel or iron requiring replacement.

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     (16)(25) "Occupant" means any person who legally resides in, or regularly uses, a dwelling,

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dwelling unit, or structure; provided, however, that a guest of any age shall not be considered an

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occupant for the purposes of this chapter.

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     (17)(26) "Owner" means any person who, alone or jointly or severally with others:

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     (i) Shall have legal title to any dwelling or dwelling unit with or without accompanying

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actual possession of it, or

 

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     (ii) Shall have charge, care, or control of any dwelling or dwelling unit as owner or agent

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of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any

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person representing the actual owner shall be bound to comply with the provisions of this chapter

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and with rules and regulations adopted pursuant to this chapter to the same extent as if that person

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were the owner. An agent of the owner excludes real estate and property management functions

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where the agent is only responsible for the property management and does not have authority to

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fund capital and/or major property rehabilitation on behalf of the owner.

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     (iii) For purposes of publicly owned property only, the owner shall be defined to be the

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chief executive officer of the municipal or state agency which owns, leases, or controls the use of

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the property.

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     (18)(27) "Person" means any individual, firm, corporation, association, or partnership and

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includes municipal and state agencies.

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     (19)(28) "Premises" means a platted lot or part thereof or unplatted lot or parcel of land, or

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plot of land, occupied by a dwelling or structure and includes any building, accessory structure, or

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other structure thereon which is or will be frequently used by children under the age of six (6) years.

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     (29) "Private service line" or "private side" means the portion of the service line including

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appurtenances and connections thereto that runs from the curb shutoff valve into the residential

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property or building.

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     (20)(30) "Program" means the comprehensive environmental lead program established by

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this chapter.

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     (31) "Public service line" or "public side" means the portion of the service line including

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appurtenances and connections thereto that runs from the water main in the street to the curb shutoff

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valve.

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     (21)(32) "State inspector" means the director, his or her designee, or any inspector

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employed by the department of health who is authorized by the director to conduct comprehensive

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environmental lead inspections and/or other inspections for the department.

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     (33) "Transient non-community water system" means a non-community water system that

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does not regularly serve at least twenty-five (25) individuals over six (6) months per year.

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     (34) "Water supplier" means any supplier of water which operates a public water supply

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system, as defined in § 46-13-2.

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     SECTION 2. Chapter 23-24.6 of the General Laws entitled "Lead Poisoning Prevention

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Act" is hereby amended by adding thereto the following section:

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     23-24.6-28. Lead water supply replacement.

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     (a) Water suppliers shall develop a service line inventory no later than October 16, 2024 to

 

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determine the existence or absence of lead within each water connection in its service area. This

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inventory shall be completed in accordance with all applicable state and federal requirements

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including, but not limited to, the IIJA. Water suppliers shall include in their inventories a list of all

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private side lead service replacements performed in their service areas since January 1, 2018.

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Transient non-community water systems are exempt from this section.

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     (b) The service line inventory shall include all service lines and shall classify which are:

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     (1) Lead service lines;

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     (2) Non-lead; and

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     (3) Lead status unknown.

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     (c) Once completed, each water supplier shall provide a copy of their inventory to the

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department and to the Rhode Island infrastructure bank. This inventory shall be posted on the

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department's website and on the water supplier's website. Water suppliers without a website shall

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make the most recent service line inventory available in a publicly accessible location in each

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community they serve.

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     (1) The department shall:

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     (i) Establish a webpage that serves as a public dashboard to track progress towards the

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deadline in subsection (a) of this section for each public water supply system;

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     (ii) Publish and maintain online a map of the location of each service line and identify

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whether it is a lead service line or may be of unknown material and allow this map to serve as

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compliance for participating public water supply systems with requirements at 40 C.F.R. §

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141.84(a)(8) that direct the systems to make the service line materials inventory publicly accessible;

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and

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     (iii) Define disadvantaged communities consistent with federal guidance.

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     (d) When conducting the inventory of service lines in its distribution system for the initial

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inventory pursuant to this section, a water supplier shall use any information on lead and galvanized

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iron or steel that it has identified pursuant to applicable state and federal requirements.

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     (e) Water suppliers may utilize the following to develop a service line inventory:

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     (1) Visual inspection during planned maintenance, meter replacement, and main

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replacement projects;

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     (2) Solicitation and receipt of comments, complaints and other input from customers in the

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service area;

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     (3) Historical building records and other available data from the American Water Works

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Association or other industry research groups; and/or

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     (4) Any other procedures and resources, including from 40 C.F.R. 141.84 (a)(3), the water

 

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supplier deems appropriate for identifying lead service lines.

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     (f)(1) Within thirty (30) days of identifying a lead service line, the water supplier shall

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provide written notice to the property owner, the tenants of the building and the director of the

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presence of lead service lines or lead status unknown service lines. The notice shall be multilingual

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and include information describing the sources of lead in drinking water, description of the health

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effects of lead exposure and steps customers can take to mitigate exposure to lead in drinking water.

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This notice shall include lead service line replacement instructions and contact information to

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schedule a service line inspection and replacement.

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     (2) Mitigation measures shall include, but not be limited to:

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     (i) A water supplier providing a filter pitcher or point-of-use device certified by an

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American Standards Institute accredited certifier to reduce lead;

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     (ii) Instructions to use the filter; and

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     (iii) Six (6) months of filter replacement cartridges.

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     (g) A water supplier without an established lead service line replacement program shall

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coordinate with the department and the Rhode Island infrastructure bank to develop a replacement

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program.

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     (h) A water supplier shall develop and submit to the department a lead service replacement

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plan in accordance with the rules and regulations of the Environmental Protection Agency Lead

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and Copper Rule Improvements.

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     (i) The department and the Rhode Island infrastructure bank shall coordinate with water

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suppliers to implement lead replacement programs, including assisting with providing financial

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assistance to the extent the funds are available.

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     (j) The department and the Rhode Island infrastructure bank shall assist water suppliers

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with grants, loans or other financial assistance to ensure that public service lines containing lead

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are replaced in accordance with this chapter;

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     (k) Based on the inventories provided pursuant to subsection (a) of this section, the

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department, the water suppliers and the Rhode Island infrastructure bank, shall determine the

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estimated total cost associated with all private side replacements. Consistent with any applicable

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federal law and regulation and to the extent funds are available, the Rhode Island infrastructure

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bank shall utilize federal funds allocated under section 50105 of the IIJA for the specific purpose

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of reducing lead in drinking water, to enable water suppliers to meet all eligible private side lead

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service replacement cost.

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     (l) In the event total costs exceed available federal funding allocated under section 50105

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of the IIJA, the Rhode Island infrastructure bank may request appropriations in one or more fiscal

 

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years from the general assembly sufficient to meet the outstanding total cost of all identified

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outstanding private side lead service line replacements.

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     (m) For properties with a lead service line or a lead status unknown service line, water

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suppliers shall inspect, at no cost to the property owner, the private side service lines to determine

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whether lead or galvanized iron or steel is present. If lead is detected in the private service line, the

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private service line shall be replaced in accordance with all applicable federal and state

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requirements.

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     (n) The water supplier shall replace the entire lead service line, if lead is present in the

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public side. The water supplier shall replace the entire lead service line with minor disruption to

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water service unless there is either an emergency or all persons served by the service line object to

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the replacement in writing. Transient non-community water systems shall be exempt from lead

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service line replacements.

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     (o) In the event a property owner refuses to allow the inspection or replacement of private

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side service lines, the water supplier shall file notice of all attempts to inspect or replace the private

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side service lines and the property owner's refusal to allow inspection or replacement services with

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the department. The notice shall state at a minimum: the date and time of each attempt; the name

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of the person who refused each attempt; and the name and signature of the person who made each

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attempt. The address where each refusal took place shall be published on the appropriate

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department website to ensure occupants of the building have notice of the potential lead in the

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service line. The notice shall be filed within thirty (30) days following the second refusal by the

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property owner. The notice shall be written as a multilingual document. In the event that a water

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service line in a rental property is found to contain lead and the property owner declines or is

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unresponsive, the tenant shall be entitled to make a second (2nd) request to the property owner for

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service line replacement. If the property owner refuses or fails to respond within sixty (60) days,

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the tenant shall have the option to terminate the lease. Upon termination, the property owner may

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not withhold the tenant's security deposit based upon the tenant's exercise of their termination rights

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under this section.

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     (p) If the property is a rental property, the owner shall inform the tenants of the presence

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of lead in accordance with § 23-24.6-15(b). If the owner fails to provide tenants with timely

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notification of the existence of lead in service lines to the building the owner shall be subject to

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civil penalty in accordance with § 23-24.6-27.

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     (q) When a property owner transfers the ownership of property, they shall disclose the

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presence of lead service lines. Pursuant to § 5-20.8-11, every contract for the transfer or purchase

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and sale of real estate that is or may be served by a service line containing lead shall provide that

 

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potential purchasers be permitted a ten (10) day period, unless the parties mutually agree upon a

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different period of time, to conduct a risk assessment or an inspection of the property's water service

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lines for the presence of lead hazards before becoming obligated under the contract to transfer or

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purchase. Parties may mutually agree to waive a risk assessment or an inspection.

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     (r) The department and the Rhode Island infrastructure bank shall prioritize the allocation

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of funds for private lead service line replacements in accordance with all federal requirements and

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based on the percentage of private lead services lines present within a water supplier service area,

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which shall be based on factors including, but not limited to:

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     (1) Targeting known lead service lines;

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     (2) Targeting available funds to lead service line replacements for disadvantaged water

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suppliers; and

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     (3) Targeting populations most sensitive to the effects of lead.

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     (s) Upon award of funds for lead service replacements, water suppliers shall prioritize

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projects within their service area to disadvantaged customers and those who are most sensitive to

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the effects of lead.

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     (t) For any award of one million dollars ($1,000,000) or greater to a water supplier for a

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lead service line replacement project, the Rhode Island infrastructure bank shall require water

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suppliers and their contractors to participate in an approved apprenticeship program for all

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apprenticeable crafts or trades that will be employed on the project at the time of bid.

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     (u) Contingent upon available funding, each water supplier shall complete the replacement

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of all public and private lead service lines in its service area within ten (10) years of the effective

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date of this section unless otherwise provided in this section. All lead service line replacement

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projects funded under this section shall be completed in accordance with all applicable state and

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federal requirements including, but not limited to, the IIJA and related federal regulations and

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guidance.

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     (v) Upon completion of the lead service line inventory or no earlier than January 1, 2025,

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any water supplier which provided financing to its customers for private side lead service

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replacement after January 1, 2018, may be eligible for reimbursement from the state for costs

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associated with private side lead service replacements financed by its customers. State

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reimbursement shall be subject to appropriation by the general assembly. The water supplier shall

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submit request for reimbursements to the department. Within ninety (90) days of receipt of funds

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from the state, the water supplier shall reimburse each customer for costs incurred in connection

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with their private side lead service replacement project.

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     (w) Each water supplier shall provide an annual report to the governor, president of the

 

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senate, speaker of the house, director of the department of health, and executive director of the

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Rhode Island infrastructure bank within ninety (90) days of the end of each fiscal year. The report

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shall contain information, including, but not limited to, the number of public services lines per

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community served and the number replaced, the number of private service lines per community

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served and the number replaced, an estimated number of service lines to be replaced, property type,

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number of private service line inspections conducted, and annual expense to replace service lines.

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Water suppliers whose initial inventories contain only non-lead service lines are not required to

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provide subsequent annual reports required in this section.

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     (x) Water suppliers may coordinate with the department and nonprofit lead advocacy

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organizations to reach residents in communities with lead infrastructure. This coordination may

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include, but is not limited to, developing education materials, awareness communications, and

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outreach campaigns.

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     (y) The department shall enforce the provisions of this section.

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     SECTION 3. Sections 5-20.8-1 and 5-20.8-11 of the General Laws in Chapter 5-20.8

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entitled "Real Estate Sales Disclosures" are hereby amended to read as follows:

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     5-20.8-1. Definitions.

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     When used in this chapter, unless the context indicates otherwise:

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     (1) “Agent” means any individual or entity acting on behalf of a seller or buyer to effect

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the transfer of real estate. It includes listing agent, selling agent, buyer’s agent, and their respective

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brokers.

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     (2) “Agreement to transfer” means a purchase and sale agreement, installment-sales

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contract, option to purchase agreement, or other agreement intended to effect the transfer of real

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estate from a seller to a buyer.

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     (3) “Buyer” means any individual or entity seeking to obtain title to real estate from a seller

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for consideration.

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     (4) “Closing” means the time at which real estate is transferred from seller to buyer and

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consideration is delivered to the seller or to a settlement agent with the intention of imminent

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delivery upon the recording of pertinent documents and other ministerial acts associated with

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settlement.

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     (5) “Deficient conditions” means any land restrictions, defect, malfunction, breakage, or

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unsound condition existing on, in, across, or under the real estate of which the seller has knowledge.

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     (6) "Lead exposure hazard" means a condition that presents a clear and significant health

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risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are children

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under the age of six (6) years.

 

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     (6)(7) “Real estate” means vacant land or real property and improvements consisting of a

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house or building containing one to four (4) dwelling units.

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     (7)(8) “Seller” means any individual or entity seeking to transfer title to real estate to a

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buyer for consideration.

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     (8)(9) “Transfer” means the sale or conveyance, exchange of, or option to purchase any

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real estate.

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     5-20.8-11. Lead inspection requirement.

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     (a) Every contract for the purchase and sale of residential real estate (1-4 family)-built prior

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to 1978 2011 located in the state shall provide that potential purchasers be permitted a ten-day (10)

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period, unless the parties mutually agree upon a different period of time, to conduct a risk

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assessment or inspection for the presence of lead exposure hazards before becoming obligated

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under the contract to purchase.

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     (b) Failure to include the provision required in subsection (a) in the purchase and sale

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agreement for residential real estate does not create any defect in title; provided, that each violation

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of this section by the seller or his or her agent is subject to a civil penalty of not less than one

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hundred dollars ($100) nor more than five hundred dollars ($500).

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     (c) Failure to provide inspection results and/or educational materials pursuant to

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department regulations required by § 23-24.6-16(a) does not create any defect in title; provided,

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that each violation of this section by the seller or his or her agent is subject to a civil penalty of not

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less than one hundred dollars ($100) nor more than five hundred dollars ($500).

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     (d) Failure to include the purchase and sale agreement provision required in subsection (a);

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failure to provide inspection results pursuant to § 23-24.6-16(a); or inspection results that show a

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lead exposure hazard as defined at § 23-24.6-4(12) entitles the purchaser to void the purchase and

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sale agreement by providing notice, in writing, to the seller prior to the transfer of the title at closing.

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT

***

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     This act would establish a lead water supply replacement program for public and private

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service lines and require disclosure to tenants and buyers of real property of the presence of lead

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service lines.

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     This act would take effect upon passage.

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