Legislative Program Review and Investigations Committee

Residential Lead Abatement
Appendix E


Appendix E
CT Legislative History

 

Appendix E.  CT Legislative History

Public Act

Mandate

PA 71-22

Requires reporting by physicians, hospitals, or laboratories of lead poisoning cases to DPH and provides for actions which are to be taken by the municipality to uncover and remedy the source of the poisoning.

PA 71-35

Provides a $500 fine for violation of the statute dealing with packaging and sale of lead-based paint and use of such paint.

 

 

 

PA 87-304

Amends existing lead poisoning reporting requirements; lowers the level at which someone is considered to be suffering from lead poisoning from 40 to 25; and establishes a lead poisoning prevention program in the Department of Health Services (currently the Department of Public Health).  Within the program, the commissioner must: (1) conduction educational and publicity activities on lead poisoning prevention; (2) establish an early diagnosis and detection program that would routinely screen young children; and (3) attempt to identify dwellings and areas with toxic levels of lead.  The act also requires the commissioner to adopt regulations concerning certifying lead inspectors and lead abatement and removal contractors.  Requires owner to remove or cover lead materials if toxic if children under aged six live.  Commission must adopt regulations on removal and abatement materials.

 

 

PA 87-541

Allows housing commissioner to loan money to individuals and developers to pay for removing lead-based paint and asbestos products from residential dwellings, authorizes commissioner to adopt regulations to implement the program.  Requires priority must be given to low- and moderate-income families and households with children suffering from lead paint poisoning.  Under the act, loans may be given to nonprofit and for-profit housing developers, housing authorities, community housing development corporations, and individuals.

PA 90-114

Makes projects correcting public school violations of department regulations and federal standards for lead contamination in school drinking water  eligible for funding under school construction grants.

 

 

PA 92-192

Lowers the blood lead level that must be reported to the Department of Health Services and local health departments from 25mcg/dL to 10 mcg/dL.  Requires local health departments investigate all reports greater than 20 mcg/dL.  Removes requirement for reporting by health practitioners (but not for institutions or labs) and eliminates reporting of “suspected cases”.   Reports still must be made within 48 hours.  Allows commissioner to establish 2 regional lead poisoning treatment centers at hospitals.  Establishes a 14-member Lead Poisoning Prevention Task Force with a reporting requirement of January 1993.

 

PA 92-234

By law DIM (now DSS) commissioner must provide emergency housing benefits to AFDC and SSP families when they are unable to secure permanent housing for specific reasons.  This act extends benefits to those families relocated because a child has lead poisoning due to lead in the dwelling in which they live.  Under the act, a child has lead poisoning with an BLL of 20 mcg/dL or more; or any other abnormal body burden of lead. 

 

 

 

PA 93-321

Requires local health director provide information on lead poisoning and abatement of parents with children who have elevated lead blood levels.  Allows local health directors to permit individuals to remain in their housing while lead is abated.  Requires DOHS commissioner establish screening and treatment guidelines which specifically address children and pregnant women.  Requires DOHS apply for federal funds, including Title X funds.  Clarifies local health inspectors must make epidemiological investigation with children with blood levels at 20 or higher (previously was higher than 20), which must be on confirmatory blood test.  Requires local health director “order” property owner abate lead.

 

PA 93-333

Allows AFDC and SSP families who receive a special needs benefit for housing to refuse to live in housing with paint containing a toxic level of dead under DHS regulations.  Under prior law, any family that received this benefit had to agree to live in state or federally assisted housing.

 

 

PA 94-2

Increases the Department of Housing’s bond authorization for housing development and rehabilitation from $30 million to $36 million.  Prior law allowed DOH to provide financial assistance for the removal of lead paint and asbestos from housing.  The act allows the department to provide grants as well as loans.  Under prior law, at least $3 million of DOH’s bond authorization had to be used for lead and asbestos removal.  P.A.94-2 increases this amount to at least $5 million and specifies that these funds must be used for grants, loans, and technical assistance for a lead paint abatement program.

 

 

 

PA 94-220

Requires licensure of lead abatement and consultant contractors and certification of lead consultants and lead supervisors and abatement workers.  Licenses and certificates must be renewed annually.  Requires approval by Department of Public Health and Addiction Services of lead abatement training and refresher courses.  Allows DPHAS to take disciplinary action against violators of the act.  Requires DPHAS adopt regulations on the licensure and certification requirements and may adopt regulations requiring passage of a department exam for certification.  The act repeals a law that makes the presence of lead paint that violates federal standards, or any paint that causes a health hazard, a per se violation of a landlord’s responsibilities to maintain his units in habitable condition.  Under prior law the landlord could not collect rent if such paint was present in the unit.

 

PA 95-22

Broadens scope of DOH’s hazardous materials programs by allowing program funds to be used to abate lead hazards, as well as remove them.  Any regulations adopted must specify the eligibility and application requirements.

 

PA 95-204

Requires DPH commissioner to adopt regulations regarding removal and abatement requirements and procedures for materials containing toxic levels of lead.  Commissioner must authorize the use of any encapsulant product.  Requires commissioner to keep a list of all approved encapsulants.

PA 95-210

Extends eligibility period under the emergency housing program for families with lead-poisoned children undergoing chelation treatment to remove lead from the blood.

PA 98-66

Increases the information in from laboratories and institutions for blood-lead levels over 10 mcg/dL and requires monthly reporting on all blood lead tests regardless of lead level.

Source:  Office of Legislative Research, Summary of Public Acts, 1971 – 1999.

 

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