2022 -- H 8153

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LC005776

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT

     Introduced By: Representatives Morales, Kislak, Potter, Alzate, Hull, Bennett, Edwards,
Williams, Carson, and Cortvriend

     Date Introduced: April 14, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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

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

     23-24.6-4. Definitions.

     For the purposes of this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

lead levels.

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

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

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

for being lead safe or lead free.

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

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

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

be used for living or sleeping by human occupants.

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

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

sleeping, cooking, and eating.

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

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

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

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

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

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

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

this chapter.

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

results in the entire length of the service line, regardless of service line ownership, meeting the Safe

Drinking Water Act (SDWA) §1417 definition of lead-free applicable at the time of the

replacement. A full lead service line replacement, as defined at 40 C.F.R. § 141.2, includes a

replacement where only one portion of the service line is lead, such as where a partial lead service

line was previously conducted, as long as, upon completion of the replacement, the entire service

line meets the SDWA § 1417 definition of lead-free applicable at the time of the replacement.

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

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

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

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

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

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

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

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

projects undertaken pursuant to the requirements of this chapter.

     (12)(15) "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

children under the age of six (6) years.

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

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

established by department of health regulations.

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

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

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

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

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

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

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

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

activities being licensed or certified.

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

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

and includes but is not limited to covering and encapsulation.

     (19) "Lead service lines" means any part of a water service line that is made of, lined with,

or contains, materials consisting of lead. A lead service line may be owned by the water system,

owned by the property owner, or both. Service lines with galvanized steel shall be considered lead

service lines.

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

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

occupant for the purposes of this chapter.

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

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

actual possession of it, or

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

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

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

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

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

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

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

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

the property.

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

includes municipal and state agencies.

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

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

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

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

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

building.

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

this chapter.

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

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

valve.

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

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

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

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

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

     23-24.6-28. Lead water supply replacement.

     (a) Water suppliers, as defined in § 39-15.1-2, that provide safe and potable drinking water

to the public shall replace all lead service lines connected to residential and non-residential facilities

that provide water for human consumption within ten (10) years of the effective date of this section.

     (b) No person served by a lead service line shall be required to pay to replace the lead

service line on their property, unless the cost of the lead service line replacement exceeds ten

thousand dollars ($10,000) in which case they would only be required to pay for the portion of the

replacement that exceeds ten thousand dollars ($10,000). A fiscal note estimate will be provided to

owners of properties for which the cost of the lead service line replacement will exceed ten thousand

dollars ($10,000).

     (c) Water suppliers shall conduct full lead service line replacements according to the follow

procedures:

     (1) Follow procedures at 40 Code of Federal Regulations Sections 141.84 and 141.85;

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     (2) Replace the entire lead service line with only one disruption to water service unless

there is either an emergency or all persons served by the service line object to the replacement in

writing;

     (3) If there is an emergency that prevents replacement with only one disruption, the system

shall fully replace the lead service line within forty-five (45) days unless weather makes it

hazardous; and

     (4) Ensure that the entire lead service line is replaced if any portion is physically disturbed.

     (d) No later than twelve (12) months after the enactment of this section, water suppliers

shall develop a service line inventory in order to determine the existence or absence of lead within

each water connection in its service area. This inventory shall include information about the service

line locations and composition of service lines at each location. The water supplier shall provide a

list of all service lines, with a location identifier, and classify which have lead, which do not contain

lead and which are of unknown composition. This information shall be posted on the department's

website and on the water supplier's website.

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

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

replacement projects;

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

service area;

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

Association or other industry research groups; and/or,

     (4) Any other procedures and resources the water supplier deems appropriate for

identifying lead service lines.

     (f) Within five (5) days of identifying a lead service line, the water supplier shall provide

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

lead service lines in a culturally sensitive manner communicated to residents in a language they

understand to ensure the lines are fully and safely replaced. The notice shall include information

describing the sources of lead in drinking water, description of the health effects of lead exposure

and steps customers can take to reduce their exposure to lead in drinking water. This notice shall

include information on the water supplier's plans for lead service line replacement at said property.

     (g) Water suppliers without an established lead service line replacement program shall

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

program. The department and the Rhode Island infrastructure bank shall partner with water

suppliers to implement lead replacement programs including assisting with financial needs that

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exist.

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

with financing, grants, loans, drinking water funding opportunities or other monetary assistance to

ensure that lead service lines are replaced in an expeditious manner.

     (1) The department and the Rhode Island infrastructure bank shall require that in any

project conducted by a water supplier that disturbs lead service lines, all specifications in any

invitations to bid on any covered project valued at one million dollars ($1,000,000) or more shall

include a requirement that all bidders responding to an invitation to bid shall have an approved

apprenticeship program for all apprenticeable crafts or trades that will be employed on the project

at the time of bid. All bidders responding to such invitation to bid shall also provide proof in the

bid package of the existence of an approved apprenticeship program for all crafts or trades that will

be employed on the project by all contractors and subcontractors needed for the project. All bidders

shall strive to source seventy-five percent (75%) of employment from disadvantaged communities

as defined by the department.

     (i) Where all persons served by a lead service line, including, but not limited to, residents,

tenants, customers, office workers, and property owners object to the replacement in writing, the

system is not obligated to meet the deadline in subsection (a) of this section for that service line if

it documents the written objection annually.

     (j) In the event a person served by a lead service line refuses to allow the inspection or

replacement of private side service lines, the water supplier shall file notice with the department of

all attempts to inspect or replace the private side service lines and the property owner's refusal to

allow inspection or replacement services with the department. The notice shall state at a minimum:

the date and time of each attempt; the name of the person who refused each attempt; and the name

and signature of the person who made each attempt. The address where each refusal took place

shall be published on the appropriate department website to ensure occupants of the building have

notice of the potential lead in the service line.

     (k) If a property with a lead service line is a rental property, the owner and the department

shall inform the tenants of the presence of a lead service line in accordance with § 23-24.6-15(b),

in a language the tenant understands. If the owner fails to provide tenants with notification of lead

in service lines to the building, the owner shall be subject to a civil penalty in accordance with §

23-24.6-27.

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

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

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

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

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

purchase.

     (m) Any private side service line found to have lead, which provides water to a building

subject to sale or transfer, shall be removed and replaced within twelve (12) months of the date of

sale or transfer.

     (n) Water suppliers shall prioritize to the greatest extent practical lead service line

replacements in neighborhoods as defined by the director as disadvantaged communities pursuant

to the Safe Drinking Water Act § 1452. Communities where lead service lines comprise over thirty-

five percent (35%) of the public side service line connections will also be prioritized as high-

priority.

     (o) Water suppliers subject to this section shall complete the replacement of all lead service

lines in its service area within ten (10) years of the effective date of this section.

     (p) Each water supplier shall provide an annual report by January 31 of each year to the

governor, president of the senate, speaker of the house, director of the department of health, and

executive director of the Rhode Island infrastructure bank. The report shall contain information,

including, but not limited to, the number of public lead services lines per community served and

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

replaced, an estimated number of remaining lead service lines to be replaced, property type, number

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

     (q) Each water supplier shall follow additional requirements and guidance including

community outreach and resident communications and engagement, as established by the

department as per subsection (r)(5) of this section.

     (r) The department shall:

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

deadline in subsection (o) of this section for each water supplier;

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

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

compliance for participating water suppliers with requirements at 40 Code of Federal Regulations

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

accessible;

     (3) Define disadvantaged communities consistent with federal guidance to include

communities of color and low-wealth communities;

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     (4) Establish a lead service line replacement advisory commission to help the director

implement the responsibilities of the department to protect citizens from lead exposure due to lead

service lines, comprised of twelve (12) representatives, appointed by the director unless indicated

otherwise, including one staff member from the department's center for drinking water quality, one

staff member from the department's center for healthy homes and the environment, one

representative from the Providence water supply board, one representative from another water

supplier, one representative from the Rhode Island infrastructure bank, one representative from the

governor's office, the president of the Rhode Island Building and Construction Trades Council or

designee, one representative of the Rhode Island Building and Construction Trades Council,

appointed by president of the Rhode Island AFL-CIO, the executive director of the Childhood Lead

Action Project, or designee, two (2) representatives from community nonprofit organizations

located in Rhode Island, serving disadvantaged communities as defined by the director pursuant to

the Safe Drinking Water Act § 1452, and one representative with national expertise in lead service

line replacement programs;

     (5) Publish guidance developed in conjunction with the lead service line replacement

advisory commission for water suppliers and contractors to adequately engage people served by

lead services lines, including residents and tenants in a culturally sensitive manner communicated

to residents in a language they understand to ensure the lead service lines are fully and safely

replaced; and

     (6) Conduct a statewide education campaign informing residents and property owners

regarding lead service lines, interim safety measures, and lead service line replacement plans, with

the support of the lead service line replacement advisory commission.

     (s) The department shall promulgate rules and regulations for the implementation and

enforcement of the provisions of this section.

     SECTION 3. Section 5-20.8-11 of the General Laws in Chapter 5-20.8 entitled "Real Estate

Sales Disclosures" is hereby amended to read as follows:

     5-20.8-11. Lead inspection requirement.

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

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

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

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

under the contract to purchase.

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

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

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

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

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

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

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

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

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

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

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

     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

***

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

service lines within the next ten (10) years and require the disclosure to tenants and buyers of real

property of the presence of lead service lines.

     This act would take effect upon passage.

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