§42-128.1-5  Housing resources commission – Powers and duties with respect to lead hazard mitigation. –

Published: 2015

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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


   (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.)

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