TITLE 42
State Affairs and Government

CHAPTER 42-128.1
Lead Hazard Mitigation

SECTION 42-128.1-5


   § 42-128.1-5  Housing resources commission – Powers and duties with respect to lead hazard mitigation. – (a) General powers and duties. The housing resources commission shall implement and put into full force and effect the powers, duties, and responsibilities assigned to it by this chapter, and shall serve as the lead state agency for lead hazard mitigation, planning, education, technical assistance, and coordination of state projects and state financial assistance to property owners for lead hazard mitigation.

   (b) Regulatory guidelines. In developing and promulgating rules and regulations as provided for in this chapter, the housing resources commission shall consider, among other things: (1) the effect on efforts to reduce the incidence of lead poisoning, (2) the ease and cost of implementation, (3) the impact on the ability to conduct real estate transactions fairly and expeditiously, (4) consistency with federal standards, such that the differences between basic federal standards and Rhode Island standards for lead hazard mitigation are, to the extent practicable, minimized, and (5) the direction of effort to locations and housing types, which due to age, condition, and prior history of lead poisoning are more likely to the location of lead poisoning. Said regulations shall include a definition of "turnover" of a dwelling unit and a means for tenants to voluntarily notify property owners of the legal tenancy of an "at-risk" occupant.

   (c) Comprehensive strategic plan. In order to establish clear goals for increasing the availability of housing in which lead hazards have been mitigated, to provide performance measures by which to assess progress toward achieving the purposes of this chapter, and to facilitate coordination among state agencies and political subdivisions with responsibilities for housing and housing quality for lead poisoning reduction and for the availability of insurance coverage described in this chapter, the housing resources commission established by chapter 128 of this title shall adopt by April 1, 2003, a four (4) year, comprehensive strategic plan for reducing the incidence of childhood lead poisoning, for increasing the supply of lead-safe housing, and for assuring that pre-1978 in rental housing throughout the state lead hazards have been mitigated.

   (1) Plan elements. The plan as a minimum shall include elements pertaining to:

   (i) Educating people with regard to lead hazards and how they can be avoided, mitigated, and/or abated;

   (ii) Programs to assist low and moderate income owners of property to eliminate lead hazards and to achieve lead-safe conditions;

   (iii) Coordination of the enforcement of laws pertaining to lead hazard control, mitigation and abatement including the Lead Poisoning Prevention Act, chapter 24.6 of title 23, and minimum housing codes and standards;

   (iv) Coordination of efforts with local governments and other agencies to improve housing conditions;

   (v) Financing lead abatement efforts in Rhode Island, including, but not limited to, assistance to low and moderate income property owners, education and outreach, and enforcement by state and local officials;

   (vi) An assessment of the availability of insurance for lead hazard liability, which shall be designed and implemented in cooperation with the department of business regulation.

   (2) Implementation program. The comprehensive strategic plan shall include an implementation program, which shall include performance measurers and a program of specific activities that are proposed to be undertaken to accomplish the purposes of this chapter and to achieve goals and elements set forth by the plan. The implementation program shall be updated annually according to a schedule set forth in the plan.

   (3) Reporting. The commission shall report annually to the governor and the general assembly, no later than March of each year, on the progress made in achieving the goals and objectives set forth in the plan, which report may be integrated with or issued in conjunction with the report of the commission on environmental lead submitted pursuant to § 23-24.6-6.

History of Section.
(P.L. 2002, ch. 187, § 3; P.L. 2002, ch. 188, § 3; P.L. 2005, ch. 142, § 2; P.L. 2005, ch. 143, § 2.)