Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2479 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. 2889 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2479
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 Worcester1/16/2025Vanna Howard17th Middlesex2/11/2025 1 of 4
16	16	HOUSE DOCKET, NO. 2889 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2479
18	18	By Representatives LeBoeuf of Worcester and Howard of Lowell, a petition (accompanied by
19	19	bill, House, No. 2479) of David Henry Argosky LeBoeuf and Vanna Howard relative to the lead
20	20	law and promoting equal access to lead-free housing. Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to the Massachusetts lead law and promoting equal access to lead-free housing.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 190 of said chapter 111 of the General Laws, as appearing in the
30	30	22020 Official Edition, is hereby amended by striking out, each time it appears, in lines 21 and 23,
31	31	3the word “fourteen” and inserting in place thereof the word:- 21
32	32	4 SECTION 2. Said section 190 of said chapter 111 is hereby further amended by striking
33	33	5out, in line 26, the word “two” and inserting in place thereof the following word:- 5
34	34	6 SECTION 3. Said section 190 of said chapter 111 is hereby further amended by striking
35	35	7out, in line 32, the word “and” and inserting in place thereof the following words:- at least 2 of
36	36	8said members shall be active in the field of fair housing; and at least 2 of said members shall be
37	37	9active in the field of environmental justice.
38	38	10 SECTION 4. Section 193 of said chapter 111, as so appearing, is hereby amended by
39	39	11striking out, in lines 12 and 13, the words:- or retarded 2 of 4
40	40	12 SECTION 5. Section 194 of said chapter 111, as so appearing, is hereby amended in the
41	41	13fourth paragraph by inserting at the end thereof the following:- “including any local board of
42	42	14health or code enforcement agency.”
43	43	15 SECTION 6. The fifth paragraph of said section 194 of said chapter 111, as so appearing,
44	44	16is hereby amended by inserting after the first sentence the following:- The owner of such
45	45	17building shall abate or contain paint, plaster or other accessible structural materials containing
46	46	18dangerous levels of lead in accordance with the requirements of subsection (b) or (c) of section
47	47	19197.
48	48	20 SECTION 7. The fifth paragraph of said section 194 of said chapter 111, as so appearing,
49	49	21is hereby further amended by striking out the third sentence.
50	50	22 SECTION 8. Subsection (a) of section 197 of said chapter 111, as so appearing, is hereby
51	51	23amended by inserting after the first sentence the following sentence:- This subsection shall
52	52	24remain in effect during the implementation of the transition schedule established as follows:
53	53	25 SECTION 9. Said subsection (a) of said section 197 of chapter 111 is hereby further
54	54	26amended by striking the second sentence.
55	55	27 SECTION 10. Said subsection (a) of said section 197 of said chapter 111, as so
56	56	28appearing, is hereby further amended by inserting after the first paragraph the following two
57	57	29paragraphs:-
58	58	30 (1) Effective July 1, 2026, the owner of any rental premises that is rented or leased in a
59	59	31designated High Risk Community, shall abate or contain lead paint, plaster, or other accessible
60	60	32structural material that contains dangerous levels of lead, in accordance with the requirements of 3 of 4
61	61	33subsection (b) or subsection (c), before renting or leasing said premises, without regard to the
62	62	34occupancy of a child under 6 years of age. For the purposes of this section, a high risk
63	63	35community shall be defined as a community with a 5-year incidence rate of confirmed greater
64	64	36than or equal to 5 micrograms per deciliter cases that is above the state 5-year incidence rate of
65	65	37confirmed greater than or equal to 5 micrograms per deciliter cases after adjusting for low to
66	66	38moderate income and housing stock built before 1978.
67	67	39 (2) Effective July 1, 2030, the owner of a rental premises that is rented or leased shall
68	68	40abate or contain lead paint, plaster or other structural material that contains dangerous levels of
69	69	41lead, in accordance with the requirements of subsection (b) or subsection (c), before renting or
70	70	42leasing said premises, without regard to the occupancy of a child under six years of age.
71	71	43 SECTION 11. Section 197D of said chapter 111, as so appearing, is hereby amended by
72	72	44striking out in, lines 10 and 11, the words, “premises in which a child under the age of six
73	73	45resides,” and inserting in place thereof the words:- rental property.
74	74	46 SECTION 12. Said section 197D of said chapter 111, as so appearing, is hereby further
75	75	47amended by striking out, in lines 25 through 29, the words:- provided, however, that the
76	76	48mortgagor shall not be liable for such contribution if the mortgagor establishes that no child
77	77	49under six years of age resided in the residential premises while the premises were owned by the
78	78	50mortgagor.
79	79	51 SECTION 13. Section 198 of said chapter 111, as so appearing, is hereby amended by
80	80	52striking out, in line 16, the word “party” and inserting in place thereof the word:- person.
81	81	53 SECTION 14. Subsection (c) of section 199 of chapter 111 of the General Laws, as
82	82	54appearing in the 2022 Official Edition, is hereby amended by striking out subsection (c) and 4 of 4
83	83	55inserting in place thereof the following section:- (1) Notwithstanding chapter 231B, an owner
84	84	56shall not bring a separate claim for contribution, a counterclaim or a cross-claim against the
85	85	57child’s parent or guardian based on a theory that the parent’s or guardian’s negligent supervision
86	86	58of the child caused the child’s lead exposure. If an owner brings this claim, a similar claim or
87	87	59threatens to do so, the owner’s act shall constitute a violation of chapter 93A. For purposes of
88	88	60this subsection, “owner” shall also mean an owner’s insurance carrier in addition to the persons
89	89	61listed in section 189. (2) An owner may bring a claim for contribution under section 199C.
90	90	62 SECTION 15. Section 199B of said chapter 111, as so appearing, is hereby amended by
91	91	63striking out the first and second paragraphs.