Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2223 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1244 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2223
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Henry Argosky LeBoeuf and Vanna Howard
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the Massachusetts lead law and promoting equal access to lead-free housing.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/18/2023Vanna Howard17th Middlesex1/18/2023Danillo A. Sena37th Middlesex1/25/2023James K. Hawkins2nd Bristol1/27/2023 1 of 4
16	16	HOUSE DOCKET, NO. 1244 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2223
18	18	By Representatives LeBoeuf of Worcester and Howard of Lowell, a petition (accompanied by
19	19	bill, House, No. 2223) of David Henry Argosky LeBoeuf, Vanna Howard and others relative to
20	20	the lead law and promoting equal access to lead-free housing. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2346 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the Massachusetts lead law and promoting equal access to lead-free housing.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 190 of Chapter 111 of the Massachusetts General Laws, as
32	32	2appearing in the 2018 Official Edition, is hereby amended by striking in the third paragraph the
33	33	3word “fourteen” and inserted instead the word, “twenty” and by further amending said paragraph
34	34	4by striking the word “two” and inserting instead the word, “four,” and by further amending said
35	35	5paragraph by striking out after the words “representative of the Massachusetts Association of
36	36	6Realtors;” the word, “and” and by further amending said paragraph by inserting after the words,
37	37	7“casualty insurance industry”, the following, “at least two of said members shall be active in the
38	38	8field of fair housing; and at least two of said members shall be active in the field of
39	39	9environmental justice.” 2 of 4
40	40	10 SECTION 2. Section 193 of Chapter 111 of the Massachusetts General Laws, as
41	41	11appearing in the 2018 Official Edition, is hereby amended in the first paragraph by striking after
42	42	12the words “cognitive development is delayed” the words, “or retarded.”
43	43	13 SECTION 3. Section 194 of Chapter 111 of the Massachusetts General Laws, as
44	44	14appearing in the 2018 Official Edition, is hereby amended in the fourth paragraph by inserting at
45	45	15the end thereof the following, “including any local board of health or code enforcement agency.”
46	46	16 SECTION 4. Said Section 194 of Chapter 111 of the Massachusetts General Laws, as
47	47	17appearing in the 2018 Official Edition, is hereby further amended in the fifth paragraph by
48	48	18adding after the first sentence the following, “The owner of such building shall abate or contain
49	49	19paint, plaster or other accessible structural materials containing dangerous levels of lead in
50	50	20accordance with the requirements of subsection (b) or (c) of section one hundred and ninety-
51	51	21seven.” and by further striking the following sentence, “Except as otherwise provided, abatement
52	52	22or containment of lead shall not be required unless the premises has been occupied by a poisoned
53	53	23child within the past twelve months or is occupied by a child under six years of age.”
54	54	24 SECTION 5. Section 197 of Chapter 111 of the Massachusetts General Laws, as
55	55	25appearing in the 2018 Official Edition, is hereby amended by adding after the first sentence the
56	56	26following sentence, “This subsection shall remain in effect during the implementation of the
57	57	27transition schedule established as follows:” and by striking the following, “Except as provided in
58	58	28section one hundred and ninety-seven D, whenever any such premises containing said dangerous
59	59	29levels of lead undergoes a change of ownership and as a result a child under six years of age will
60	60	30become or will continue to be a resident therein, the new owner shall have ninety days to contain
61	61	31or abate said paint, plaster or other accessible structural material as required by this section, so as 3 of 4
62	62	32to make the premises in compliance with the provisions of sections one hundred and eighty-nine
63	63	33A to one hundred and ninety-nine B, inclusive.”
64	64	34 Said Section 197 is further amended by inserting after the first paragraph the following
65	65	35two paragraphs:
66	66	36 (1) Effective July 1, 2022, the owner of any rental premises that is rented or leased in a
67	67	37designated High Risk Community, shall abate or contain lead paint, plaster, or other accessible
68	68	38structural material that contains dangerous levels of lead, in accordance with the requirements of
69	69	39(b) or (c), prior to renting or leasing said premises, without regard to the occupancy of a child
70	70	40under six years of age. For the purposes of this section, a high risk community shall be defined
71	71	41any community with a 5-year incidence rate of confirmed ≥ 5 µg/dL cases that is above the state
72	72	425-year incidence rate of confirmed ≥ 5 µg/dL cases after adjusting for low to moderate income
73	73	43and housing stock built prior to nineteen hundred and seventy-eight.
74	74	44 (2) Effective July 1, 2026, the owner of any rental premises that is rented or leased shall
75	75	45abate or contain lead paint, plaster, or other structural material that contains dangerous levels of
76	76	46lead, in accordance with the requirements of (b) or (c), prior to renting or leasing said premises,
77	77	47without regard to the occupancy of a child under six years of age.
78	78	48 SECTION 6. Section 197D of Chapter 111 of the Massachusetts General Laws, as
79	79	49appearing in the 2018 Official Edition, is hereby amended in the second paragraph by striking
80	80	50the words, “premises” and “in which a child under the age of six resides,” and inserting instead
81	81	51the words “rental property.”
82	82	52 SECTION 7. Section 197D of Chapter 111 of the Massachusetts General Laws, as
83	83	53appearing in the 2018 Official Edition, is hereby further amended in the third paragraph by 4 of 4
84	84	54striking the sentence, “provided, however, that the mortgagor shall not be liable for such
85	85	55contribution if the mortgagor establishes that no child under six years of age resided in the
86	86	56residential premises while the premises were owned by the mortgagor.”
87	87	57 SECTION 8. Section 198 of Chapter 111 of the Massachusetts General Laws, as
88	88	58appearing in the 2018 Official Edition, is hereby amended by striking the second paragraph the
89	89	59word “party” and inserting instead the word, “person.”
90	90	60 SECTION 9. Section 199B of Chapter 111 of the Massachusetts General Laws, as
91	91	61appearing in the 2018 Official Edition, is hereby amended by striking the following two
92	92	62paragraphs:
93	93	63 “The provisions of sections one hundred and eighty-nine A to one hundred and ninety-
94	94	64nine A, inclusive, shall not apply to any dwelling unit having fewer than two hundred and fifty
95	95	65square feet of floor space calculated on the basis of total habitable room area or which is used as
96	96	66a rooming house; provided, that no person occupying said dwelling unit may be less than six
97	97	67years of age.”
98	98	68 “For the purpose of this section, “rooming house” shall mean every dwelling or part
99	99	69thereof which contains one or more rooming units in which space is let or sublet for
100	100	70compensation by the owner or operator to four or more persons not within the second degree of
101	101	71kindred to the person compensated. Boarding houses, hotels, inns, lodging houses, dormitories
102	102	72and other similar dwelling places shall be included, and “rooming units” shall mean the room or
103	103	73group of rooms let to an individual or household for use as living and sleeping quarters.”