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