Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2248 Compare Versions

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22 HOUSE DOCKET, NO. 3387 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2248
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Alice Hanlon Peisch
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to reduce lead poisoning in children.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Alice Hanlon Peisch14th Norfolk1/11/2023 1 of 3
1616 HOUSE DOCKET, NO. 3387 FILED ON: 1/20/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 2248
1818 By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 2248) of
1919 Alice Hanlon Peisch for legislation to reduce lead poisoning in children. Public Health.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Third General Court
2323 (2023-2024)
2424 _______________
2525 An Act to reduce lead poisoning in children.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Section 198 of chapter 111 of the General Laws, as appearing in the 2020
2929 2Official Edition, is hereby amended by adding the following sentence:-
3030 3 No application for a criminal complaint for failure to comply with section 194 and 197
3131 4may be made unless there is reasonable cause to believe that the lead present in the premises
3232 5which is the subject of the order to abate or contain are the proximate cause of elevated levels of
3333 6lead in the blood of a child age six years or younger.
3434 7 SECTION 2. Subsection (e) of section 197 of said chapter 111 of the General Laws, as
3535 8appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:-
3636 9 The director shall waive the requirements of this section if the remediation to contain or
3737 10abate the lead presents a danger of lead poisoning to the children residing in the premises after
3838 11remediation is complete. 2 of 3
3939 12 SECTION 3. Section 192 of said chapter 111 of the General Laws, as appearing in the
4040 132020 Official Edition, is hereby amended by adding the following sentence:-
4141 14 Included in such program shall be information regarding the potential for lead to be
4242 15present in toys, jewelry, pottery and other objects to which children are regularly exposed.
4343 16 SECTION 4. Section 194 of said chapter 111 of the General Laws, as appearing in the
4444 172020 Official Edition, is hereby amended by inserting after the second sentence the following
4545 18sentence:-
4646 19 Additionally, said program shall attempt to identify all objects likely to come into contact
4747 20with children under the age of six that contain dangerous levels of lead.
4848 21 And by amending the third sentence of said section by striking out the word “or” after the
4949 22word “plaster” and inserting the words:- “, or other object” after the word “material”.
5050 23 And by amending the second paragraph of said section by inserting after the word
5151 24“reside” the words:- “, or spends three or more hours per day, such as a nursery or day care
5252 25facility”.
5353 26 And by amending the first sentence of the fourth paragraph of said section by inserting
5454 27after the word “months” the words:- “and/or attended school or day care,”
5555 28 And by amending the third sentence of the fifth paragraph of said section by inserting
5656 29after the word “age” the words:- “and there is reasonable cause to believe that the poisoning was
5757 30caused by the lead in the premises.” 3 of 3
5858 31 SECTION 5. Section 192B of said chapter 111 of the General Laws, as appearing in the
5959 322020 Official Edition, is hereby amended by inserting after the first sentence the following
6060 33sentence:-
6161 34 Included in such program shall be information on sources of lead to which children under
6262 35the age of six may be exposed, including but not limited to paint in homes, and/or on the surface
6363 36of jewelry, pottery, and toys, and other objects to which under the age of six are routinely
6464 37exposed.