Residential Lead Abatement Recommendations

Legislative Program Review and Investigations Committee

Committee Approved Recommendations
December 14, 1999

Residential Lead Abatement
Recommendations

The Department of Public Health establish an Internet web site providing online access to its Childhood Lead Poisoning Prevention Program. At a minimum, the web site should contain Connecticut’s lead laws and regulations, general information about ways to protect children from lead hazards, information on financial assistance programs available to property owners to manage and/or abate lead hazards, statistics on screening and incidence rates, and how to request further information. In addition, the department could use the site to gather information on the impact of lead poisoning on the citizens of the state.
C.G.S. §19a-110(d) be amended to require local health departments or districts that receive a report of a child under the age of six with a blood lead level equal to or greater than 10 mcg/dL to provide the owner(s) of the property with educational materials on how to reduce lead hazards in housing. The Department of Public Health shall develop and furnish the educational materials to be provided.
The commissioner of public health define in regulation the terms "elevated blood lead level" and "lead-poisoning," in conjunction with recognized professional medical groups and the Centers for Disease Control, and the responses required in accordance with guidelines issued by the Centers for Disease Control.
C.G.S. §19a-111 shall be amended to require an epidemiological investigation, including an environmental intervention for a confirmed concentration of lead in whole blood equal to or greater than 20 mcg/dL for a single test or 15-19 mcg/dL on two tests taken at least three months apart.
The Department of Public Health adopt CDC’s interim policy recommendation until the department establishes a permanent statewide health plan for lead screening. DPH shall follow the steps recommended by CDC to develop the state plan. The plan shall include:

data demonstrating the appropriateness of dividing the state into targeted screening areas;
recommendations for screening by geographic area;
dissemination of screening recommendations for each area; and
a program evaluation component.

A draft plan shall be submitted to the Public Health Committee for comment by January 1, 2001, and a final plan shall be adopted by June 1, 2001. The plan shall be updated biennially and revised every five years, based on the latest screening data.

In addition, for both the interim plan and subsequent plans, DPH shall calculate screening, incidence, and prevalence rates based on municipal birth rates for the year rather than census data.

As authorized under C.G.S. §19a-26, the commissioner of public health shall establish a schedule of fees for lead screening analysis performed by the state laboratory. DPH shall seek reimbursement for services performed by the state laboratory from Medicaid, HUSKY, and private health insurers for lead screenings and diagnostic evaluations for lead poisoning for children under six years of age including, but not limited to, confirmatory blood lead testing. The state laboratory shall seek reimbursement beginning no later than October 1, 2001. Beginning no later that October 2, 2001, the state Department of Social Services shall pay for lead screenings and diagnostic evaluation services where a child under the age of six is eligible for medical assistance under the HUSKY plan. The Department of Public Health shall pay for lead screening and diagnostic evaluations for lead poisoning where the child is not covered by any health insurance.
The commissioner of public health develop voluntary guidelines establishing essential maintenance practices in pre-1978 housing for risk reduction of lead-based paint hazards that contain toxic levels of lead as defined in §19a-111-1 (59) (A) and (B) of the Lead Poisoning Prevention and Control Regulations. In addition, the state shall initiate a tax credit program to support essential maintenance practices as well as lead abatement. The tax program – beginning in 2001 for the tax year 2000 – shall provide a tax credit on payment of state income tax to:

owners of rental properties built prior to 1978 who provide written certification from a lead inspector, certified pursuant to C.G.S. §20-475 or C.G.S. §20-476, that the property is safe from lead hazards; and
owners of rental properties who have abated lead in pre-1978 rental properties, have received a certificate of clearance from a certified lead inspector, and have not received public financial assisstance for the abatement. To receive the certificate, the level of lead dust cannot exceed the levels defined in §19a-111-4(e)(2) of the Connecticut Lead Poisoning Prevention and Control Regulations.

Only residential structures with six or fewer dwelling units will be eligible for the credit. The amount of the tax credit shall be $1,500 annually per building, up to a maximum of six buildings. Writtten certifications shall be submitted with the state income tax filing. Tax credits shall be on the payment of state income tax. If no state income tax is owed by the property owner, he or she shall not be eligible for a tax credit. Written certification shall be valid for a period of two years, at which time the rental property owner would be eligible to recertify.

DECD amend the state Hazardous Materials Program regulations to give funding priority to rental property owners who are under a lead order and have a valid certificate from a lead inspector certified under C.G.S. §20-475 or C.G.S. §20-476 that they have met the Essential Maintenance Practices guidelines.
The Department of Social Services explore the feasibility of extending Medicaid reimbursement for lead prevention services not currently covered and report its findings by October 1, 2000, to the public health, human services, and appropriations committees.
The Department of Public Health establish a single database for its Childhood Lead Poisoning Prevention Program. The database shall have the capability of integrating case-specific screening, case management, and environmental data.
C.G.S. §19a-111 be amended to require local health departments to use a form prescribed by the Department of Public Health for epidemiological investigations. The department shall distribute the form and collect the necessary information from local health departments concerning epidemiological investigations on its web site. The department shall evaluate the results of the investigations conducted and report the results of the evaluation to the Public Health Committee by January 31, 2001.
C.G.S. §19a-111b(3) be modified and section 19a-111c-3(3)(d) of the proposed regulations be clarified that reporting requirements do not apply when property owners privately hire a lead inspector to inspect their property for lead-based paint or soil.
Section 19a-111c-2(d)(4) of the proposed regulations should be deleted and the following language be substituted: "Chewable surfaces are required to be treated only if there is evidence that a child less than six years of age has chewed on the painted surface or there is paint abrasion or damage."

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