State Affairs and Government
Lead Hazard Mitigation
§ 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.)