| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- H 5318 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC000920 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S TATE OF RHODE IS LAND |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT |
|---|
| 16 | 16 | | Introduced By: Representatives Morales, Kislak, Carson, Cortvriend, Casimiro, Vella- |
|---|
| 17 | 17 | | Wilkinson, Diaz, Giraldo, Hull, and Felix |
|---|
| 18 | 18 | | Date Introduced: February 01, 2023 |
|---|
| 19 | 19 | | Referred To: House Finance |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Section 23-24.6-4 of the General Laws in Chapter 23-24.6 entitled "Lead 1 |
|---|
| 24 | 24 | | Poisoning Prevention Act" is hereby amended to read as follows: 2 |
|---|
| 25 | 25 | | 23-24.6-4. Definitions. 3 |
|---|
| 26 | 26 | | For the purposes of this chapter: 4 |
|---|
| 27 | 27 | | (1) "Apprenticeable" means any nationally-recognized occupation that has a pre-existing 5 |
|---|
| 28 | 28 | | registered apprenticeship program approved pursuant to 29 C.F.R. Part 29 and Part 30. 6 |
|---|
| 29 | 29 | | (2) "Approved apprenticeship program" or "apprenticeship program" means an 7 |
|---|
| 30 | 30 | | apprenticeship program that has been approved by the U.S. Department of Labor, or by a 8 |
|---|
| 31 | 31 | | recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such 9 |
|---|
| 32 | 32 | | programs shall not include those that have obtained only provisional approval status. The required 10 |
|---|
| 33 | 33 | | apprenticeship programs may either be programs that have specifically allocated funding and are 11 |
|---|
| 34 | 34 | | subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. 12 |
|---|
| 35 | 35 | | ("ERISA"), or non-ERISA programs financed by general funds of employers. 13 |
|---|
| 36 | 36 | | (1)(3) “Childhood lead poisoning” means a confirmed venous blood lead level, measured 14 |
|---|
| 37 | 37 | | in micrograms of lead per deciliter of whole blood, established by rule by the Rhode Island 15 |
|---|
| 38 | 38 | | department of health based on the best available information about the effects of elevated blood 16 |
|---|
| 39 | 39 | | lead levels. 17 |
|---|
| 40 | 40 | | (2)(4) “Comprehensive environmental lead inspection” means the inspection of any 18 |
|---|
| 41 | 41 | | structure or premises for the presence of lead in various media and includes sampling as may be 19 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC000920 - Page 2 of 12 |
|---|
| 45 | 45 | | necessary or expedient in order to determine compliance in the structure or premises with standards 1 |
|---|
| 46 | 46 | | for being lead safe or lead free. 2 |
|---|
| 47 | 47 | | (3)(5) “Department” means the state department of health. 3 |
|---|
| 48 | 48 | | (4)(6) “Director” means the director of health. 4 |
|---|
| 49 | 49 | | (5)(7) “Dwelling” means any enclosed space which is wholly or partly used or intended to 5 |
|---|
| 50 | 50 | | be used for living or sleeping by human occupants. 6 |
|---|
| 51 | 51 | | (6)(8) “Dwelling unit” means any room or group of rooms located within a dwelling and 7 |
|---|
| 52 | 52 | | forming a single habitable unit with facilities which are used or intended to be used for living, 8 |
|---|
| 53 | 53 | | sleeping, cooking, and eating. 9 |
|---|
| 54 | 54 | | (7)(9) “Environment intervention blood lead level” means a confirmed concentration, in a 10 |
|---|
| 55 | 55 | | person under six (6) years of age, of lead in whole blood of greater than or equal to twenty (20) 11 |
|---|
| 56 | 56 | | micrograms per deciliter for a single test or for fifteen (15) to nineteen (19) micrograms per deciliter 12 |
|---|
| 57 | 57 | | for two (2) tests taken at least three (3) months apart or as defined by the department consistent 13 |
|---|
| 58 | 58 | | with regulations adopted by the U.S. Department of Housing and Urban Development. 14 |
|---|
| 59 | 59 | | (8)(10) “Environmental lead hazard reduction” means activities undertaken by or on behalf 15 |
|---|
| 60 | 60 | | of a property owner in order to achieve lead free or lead safe status pursuant to the requirements of 16 |
|---|
| 61 | 61 | | this chapter. 17 |
|---|
| 62 | 62 | | (11) "Federal EPA Lead and Copper Rule Revisions" means federal regulations issued by 18 |
|---|
| 63 | 63 | | the U.S. Environmental Protection Agency related to minimizing lead and copper levels in drinking 19 |
|---|
| 64 | 64 | | water found at the Federal Register (86 FR 31939), as updated from time to time. 20 |
|---|
| 65 | 65 | | (12) "Full lead service line replacement" means the replacement of a lead service line that 21 |
|---|
| 66 | 66 | | results in the entire length, including lead goosenecks or other lead connectors, of the service line. 22 |
|---|
| 67 | 67 | | (13) "Galvanized service line" means iron or steel piping that has been dipped in zinc to 23 |
|---|
| 68 | 68 | | prevent corrosion or rusting. 24 |
|---|
| 69 | 69 | | (14) "Galvanized requiring replacement" means where a galvanized service line is or was 25 |
|---|
| 70 | 70 | | at any time downstream of a lead service line or is currently downstream of a service line. 26 |
|---|
| 71 | 71 | | (15) "IIJA" means the federal Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 27 |
|---|
| 72 | 72 | | (2021) relating to drinking water found at Division E, Title I. 28 |
|---|
| 73 | 73 | | (9)(16) “Inspection” means the inspection, other than a comprehensive environmental lead 29 |
|---|
| 74 | 74 | | inspection, of any structure or premises undertaken to determine compliance with the requirements 30 |
|---|
| 75 | 75 | | of this chapter or with orders issued pursuant to this chapter. 31 |
|---|
| 76 | 76 | | (10)(17) “Insurer” means every medical service corporation, hospital service corporation, 32 |
|---|
| 77 | 77 | | health maintenance organization, or other insurance company offering and/or insuring health 33 |
|---|
| 78 | 78 | | services; the term includes any entity defined as an insurer under § 42-62-4. 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC000920 - Page 3 of 12 |
|---|
| 82 | 82 | | (11)(18) “Lead contractor” means any person or entity engaged in lead hazard reduction as 1 |
|---|
| 83 | 83 | | a business and includes consultants who design, perform, oversee, or evaluate lead hazard reduction 2 |
|---|
| 84 | 84 | | projects undertaken pursuant to the requirements of this chapter. 3 |
|---|
| 85 | 85 | | (12)(19) “Lead exposure hazard” means a condition that presents a clear and significant 4 |
|---|
| 86 | 86 | | health risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are 5 |
|---|
| 87 | 87 | | children under the age of six (6) years. 6 |
|---|
| 88 | 88 | | (13)(20) “Lead free” means that a dwelling, dwelling unit, or premises either contains no 7 |
|---|
| 89 | 89 | | lead or contains lead in amounts less than the maximum acceptable environmental lead levels 8 |
|---|
| 90 | 90 | | established by department of health regulations. 9 |
|---|
| 91 | 91 | | (14)(21) “Lead hazard reduction” means any action or actions designed to reduce exposure 10 |
|---|
| 92 | 92 | | to toxic levels of lead which impose an unacceptable risk of exposure in any dwelling or dwelling 11 |
|---|
| 93 | 93 | | unit, where a child under the age of six (6) years, with environmental intervention blood lead level 12 |
|---|
| 94 | 94 | | or greater resides, or on any premises and may include, but is not limited to: repair, enclosure, 13 |
|---|
| 95 | 95 | | encapsulation, or removal of lead based paint and/or lead contaminated dust, soil or drinking water; 14 |
|---|
| 96 | 96 | | relocation of occupants; and cleanup measures or ongoing maintenance measures, which may 15 |
|---|
| 97 | 97 | | include activities and/or measures that do not present an undue risk to children under age six (6) 16 |
|---|
| 98 | 98 | | and can be performed by, or on behalf of, the property owner, without the person performing such 17 |
|---|
| 99 | 99 | | activities being licensed or certified. 18 |
|---|
| 100 | 100 | | (15)(22) “Lead safe” means that a dwelling, dwelling unit, or premises has undergone 19 |
|---|
| 101 | 101 | | sufficient lead hazard reduction to ensure that no significant environmental lead hazard is present 20 |
|---|
| 102 | 102 | | and includes but is not limited to covering and encapsulation. 21 |
|---|
| 103 | 103 | | (23) "Lead service lines" means any part of a public or private service line that is made of, 22 |
|---|
| 104 | 104 | | lined with, or contains, materials consisting of lead. Service lines with galvanized steel or iron shall 23 |
|---|
| 105 | 105 | | be considered lead service lines. 24 |
|---|
| 106 | 106 | | (24) "Lead status unknown" means where the service line material is not known to be lead, 25 |
|---|
| 107 | 107 | | galvanized steel or iron requiring replacement, or a non-lead service line, such as where there is no 26 |
|---|
| 108 | 108 | | documented evidence supporting material classification, and otherwise where a non-lead 27 |
|---|
| 109 | 109 | | determination cannot be made. Lines which are lead status unknown will be considered lead service 28 |
|---|
| 110 | 110 | | lines. 29 |
|---|
| 111 | 111 | | (25) "Non-lead" means where the service line is determined through an evidence-based 30 |
|---|
| 112 | 112 | | record, method, or technique not to be lead or galvanized steel or iron requiring replacement. 31 |
|---|
| 113 | 113 | | (16)(26) “Occupant” means any person who legally resides in, or regularly uses, a 32 |
|---|
| 114 | 114 | | dwelling, dwelling unit, or structure; provided, however, that a guest of any age shall not be 33 |
|---|
| 115 | 115 | | considered an occupant for the purposes of this chapter. 34 |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | LC000920 - Page 4 of 12 |
|---|
| 119 | 119 | | (17)(27) “Owner” means any person who, alone or jointly or severally with others: 1 |
|---|
| 120 | 120 | | (i) Shall have legal title to any dwelling or dwelling unit with or without accompanying 2 |
|---|
| 121 | 121 | | actual possession of it, or 3 |
|---|
| 122 | 122 | | (ii) Shall have charge, care, or control of any dwelling or dwelling unit as owner or agent 4 |
|---|
| 123 | 123 | | of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any 5 |
|---|
| 124 | 124 | | person representing the actual owner shall be bound to comply with the provisions of this chapter 6 |
|---|
| 125 | 125 | | and with rules and regulations adopted pursuant to this chapter to the same extent as if that person 7 |
|---|
| 126 | 126 | | were the owner. An agent of the owner excludes real estate and property management functions 8 |
|---|
| 127 | 127 | | where the agent is only responsible for the property management and does not have authority to 9 |
|---|
| 128 | 128 | | fund capital and/or major property rehabilitation on behalf of the owner. 10 |
|---|
| 129 | 129 | | (iii) For purposes of publicly owned property only, the owner shall be defined to be the 11 |
|---|
| 130 | 130 | | chief executive officer of the municipal or state agency which owns, leases, or controls the use of 12 |
|---|
| 131 | 131 | | the property. 13 |
|---|
| 132 | 132 | | (18)(28) “Person” means any individual, firm, corporation, association, or partnership and 14 |
|---|
| 133 | 133 | | includes municipal and state agencies. 15 |
|---|
| 134 | 134 | | (19)(29) “Premises” means a platted lot or part thereof or unplatted lot or parcel of land, or 16 |
|---|
| 135 | 135 | | plot of land, occupied by a dwelling or structure and includes any building, accessory structure, or 17 |
|---|
| 136 | 136 | | other structure thereon which is or will be frequently used by children under the age of six (6) years. 18 |
|---|
| 137 | 137 | | (30) "Private service line" or "private side" means the portion of the service line including 19 |
|---|
| 138 | 138 | | appurtenances and connections thereto that runs from the curb shutoff valve into the residential 20 |
|---|
| 139 | 139 | | property or building. 21 |
|---|
| 140 | 140 | | (20)(31) “Program” means the comprehensive environmental lead program established by 22 |
|---|
| 141 | 141 | | this chapter. 23 |
|---|
| 142 | 142 | | (32) "Public service line" or "public side" means the portion of the service line including 24 |
|---|
| 143 | 143 | | appurtenances and connections thereto that runs from the water main in the street to the curb shutoff 25 |
|---|
| 144 | 144 | | valve. 26 |
|---|
| 145 | 145 | | (21)(33) “State inspector” means the director, his or her designee, or any inspector 27 |
|---|
| 146 | 146 | | employed by the department of health who is authorized by the director to conduct comprehensive 28 |
|---|
| 147 | 147 | | environmental lead inspections and/or other inspections for the department. 29 |
|---|
| 148 | 148 | | (34) "Transient non-community water system" means a non-community water system that 30 |
|---|
| 149 | 149 | | does not regularly serve at least twenty-five (25) individuals over six (6) months per year. 31 |
|---|
| 150 | 150 | | (35) "Water supplier" means any supplier of water which operates a public water supply 32 |
|---|
| 151 | 151 | | system, as defined in § 46-13-2. 33 |
|---|
| 152 | 152 | | SECTION 2. Chapter 23-24.6 of the General Laws entitled "Lead Poisoning Prevention 34 |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | |
|---|
| 155 | 155 | | LC000920 - Page 5 of 12 |
|---|
| 156 | 156 | | Act" is hereby amended by adding thereto the following sections: 1 |
|---|
| 157 | 157 | | 23-24.6-28. Lead water supply replacement. 2 |
|---|
| 158 | 158 | | (a) Water suppliers shall develop a service line inventory no later than October 16, 2024 to 3 |
|---|
| 159 | 159 | | determine the existence or absence of lead within each water connection in its service area. This 4 |
|---|
| 160 | 160 | | inventory shall be completed in accordance with all applicable state and federal requirements 5 |
|---|
| 161 | 161 | | including, but not limited to, the IIJA and the federal EPA Lead and Copper Rule Revisions. Water 6 |
|---|
| 162 | 162 | | suppliers shall include in their inventories a list of all private side lead service replacements 7 |
|---|
| 163 | 163 | | performed in their service areas since January 1, 2018. Transient non-community water systems 8 |
|---|
| 164 | 164 | | are exempt from this section. 9 |
|---|
| 165 | 165 | | (b) The service line inventory shall include all service lines and shall classify which are: 10 |
|---|
| 166 | 166 | | (1) Lead service lines; 11 |
|---|
| 167 | 167 | | (2) Non-lead; and 12 |
|---|
| 168 | 168 | | (3) Lead status unknown. 13 |
|---|
| 169 | 169 | | (c) Once completed, each water supplier shall provide a copy of their inventory to the 14 |
|---|
| 170 | 170 | | department and to the Rhode Island infrastructure bank. This inventory shall be posted on the 15 |
|---|
| 171 | 171 | | department's website and on the water supplier's website. Water suppliers without a website shall 16 |
|---|
| 172 | 172 | | make the most recent service line inventory available in a publicly accessible location in each 17 |
|---|
| 173 | 173 | | community they serve. 18 |
|---|
| 174 | 174 | | (1) The department shall: 19 |
|---|
| 175 | 175 | | (i) Establish a webpage that serves as a public dashboard to track progress towards the 20 |
|---|
| 176 | 176 | | deadline in subsection (a) of this section for each public water supply system; 21 |
|---|
| 177 | 177 | | (ii) Publish and maintain online a map of the location of each service line and identify 22 |
|---|
| 178 | 178 | | whether it is a lead service line or may be of unknown material and allow this map to serve as 23 |
|---|
| 179 | 179 | | compliance for participating public water supply systems with requirements at 40 C.F.R. § 24 |
|---|
| 180 | 180 | | 141.84(a)(8) that direct the systems to make the service line materials inventory publicly accessible; 25 |
|---|
| 181 | 181 | | and 26 |
|---|
| 182 | 182 | | (iii) Define disadvantaged communities consistent with federal guidance to include 27 |
|---|
| 183 | 183 | | communities of color and low-income communities. 28 |
|---|
| 184 | 184 | | (d) When conducting the inventory of service lines in its distribution system for the initial 29 |
|---|
| 185 | 185 | | inventory pursuant to this section, a water supplier shall use any information on lead and galvanized 30 |
|---|
| 186 | 186 | | iron or steel that it has identified pursuant to applicable state and federal requirements. 31 |
|---|
| 187 | 187 | | (e) Water suppliers may utilize the following to develop a service line inventory: 32 |
|---|
| 188 | 188 | | (1) Visual inspection during planned maintenance, meter replacement, and main 33 |
|---|
| 189 | 189 | | replacement projects; 34 |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | LC000920 - Page 6 of 12 |
|---|
| 193 | 193 | | (2) Solicitation and receipt of comments, complaints and other input from customers in the 1 |
|---|
| 194 | 194 | | service area; 2 |
|---|
| 195 | 195 | | (3) Historical building records and other available data from the American Water Works 3 |
|---|
| 196 | 196 | | Association or other industry research groups; and/or; 4 |
|---|
| 197 | 197 | | (4) Any other procedures and resources, including from 40 C.F.R. 141.84 (a)(3) the water 5 |
|---|
| 198 | 198 | | supplier deems appropriate for identifying lead service lines. 6 |
|---|
| 199 | 199 | | (f) Within thirty (30) days of identifying a lead service line, the water supplier shall provide 7 |
|---|
| 200 | 200 | | written notice to the property owner, the tenants of the building and the director of the presence of 8 |
|---|
| 201 | 201 | | lead service lines or lead status unknown service lines. The notice shall be multilingual and include 9 |
|---|
| 202 | 202 | | information describing the sources of lead in drinking water, description of the health effects of 10 |
|---|
| 203 | 203 | | lead exposure and steps customers can take to reduce their exposure to lead in drinking water. This 11 |
|---|
| 204 | 204 | | notice shall include lead service line replacement instructions and contact information to schedule 12 |
|---|
| 205 | 205 | | a service line inspection and replacement. 13 |
|---|
| 206 | 206 | | (g) A water supplier without an established lead service line replacement program shall 14 |
|---|
| 207 | 207 | | coordinate with the department and the Rhode Island infrastructure bank to develop a lead 15 |
|---|
| 208 | 208 | | replacement program. 16 |
|---|
| 209 | 209 | | (h) The department and the Rhode Island infrastructure bank shall coordinate with water 17 |
|---|
| 210 | 210 | | suppliers to implement lead replacement programs, including assisting with providing financial 18 |
|---|
| 211 | 211 | | assistance to the extent the funds are available. 19 |
|---|
| 212 | 212 | | (i) The department and the Rhode Island infrastructure bank shall assist water suppliers 20 |
|---|
| 213 | 213 | | with grants, loans or other financial assistance to ensure that public service lines containing lead 21 |
|---|
| 214 | 214 | | are replaced in accordance with this chapter; 22 |
|---|
| 215 | 215 | | (j) Based on the inventories provided pursuant to subsection (a) of this section, the 23 |
|---|
| 216 | 216 | | department, the water suppliers and the Rhode Island infrastructure bank, shall determine the 24 |
|---|
| 217 | 217 | | estimated total cost associated with all private side replacements. Consistent with any applicable 25 |
|---|
| 218 | 218 | | federal law and regulation and to the extent funds are available, the Rhode Island infrastructure 26 |
|---|
| 219 | 219 | | bank shall utilize federal funds allocated under section 50105 of the IIJA for the specific purpose 27 |
|---|
| 220 | 220 | | of reducing lead in drinking water, to enable water suppliers to meet all eligible private side lead 28 |
|---|
| 221 | 221 | | service replacement cost. 29 |
|---|
| 222 | 222 | | (k) Water suppliers are not permitted to request an increase in residential water rates from 30 |
|---|
| 223 | 223 | | the PUC based solely on the receipt of funds, grants, or loans for a lead service line replacement 31 |
|---|
| 224 | 224 | | project or programs for reducing lead in drinking water. 32 |
|---|
| 225 | 225 | | (l) In the event total costs exceed available federal funding allocated under section 50105 33 |
|---|
| 226 | 226 | | of the IIJA, the Rhode Island infrastructure bank may request appropriations in one or more fiscal 34 |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | |
|---|
| 229 | 229 | | LC000920 - Page 7 of 12 |
|---|
| 230 | 230 | | years from the general assembly sufficient to meet the outstanding total cost of all identified 1 |
|---|
| 231 | 231 | | outstanding private side lead service line replacements. The Rhode Island infrastructure bank is 2 |
|---|
| 232 | 232 | | also authorized to apply and seek additional federal funding sources, such as grants, loans, or other 3 |
|---|
| 233 | 233 | | financial assistance. 4 |
|---|
| 234 | 234 | | (m) For properties with a lead service line or a lead status unknown service line, water 5 |
|---|
| 235 | 235 | | suppliers shall inspect, at no cost to the property owner or tenant, the private side service lines to 6 |
|---|
| 236 | 236 | | determine whether lead or galvanized iron or steel is present. If lead is detected in the private service 7 |
|---|
| 237 | 237 | | line, the private service line shall be replaced in accordance with all applicable federal and state 8 |
|---|
| 238 | 238 | | requirements. 9 |
|---|
| 239 | 239 | | (n) The water supplier shall replace the entire lead service line, if lead is present in the 10 |
|---|
| 240 | 240 | | public side. The water supplier shall replace the entire lead service line with minor disruption to 11 |
|---|
| 241 | 241 | | water service unless there is either an emergency or all persons served by the service line object to 12 |
|---|
| 242 | 242 | | the replacement in writing. Transient non-community water systems shall be exempt from lead 13 |
|---|
| 243 | 243 | | service line replacements. 14 |
|---|
| 244 | 244 | | (o) In the event a property owner refuses to allow the inspection or replacement of private 15 |
|---|
| 245 | 245 | | side service lines, the water supplier shall file notice of all attempts to inspect or replace the private 16 |
|---|
| 246 | 246 | | side service lines and the property owner's refusal to allow inspection or replacement services with 17 |
|---|
| 247 | 247 | | the department. The notice shall state at a minimum: the date and time of each attempt; the name 18 |
|---|
| 248 | 248 | | of the person who refused each attempt; and the name and signature of the person who made each 19 |
|---|
| 249 | 249 | | attempt. The address where each refusal took place shall be published on the appropriate 20 |
|---|
| 250 | 250 | | department website to ensure occupants of the building have notice of the potential lead in the 21 |
|---|
| 251 | 251 | | service line. The notice shall be filed within thirty (30) days following the second refusal by the 22 |
|---|
| 252 | 252 | | property owner. The notice shall be written as a multilingual document. 23 |
|---|
| 253 | 253 | | (p) If the property owner refuses to allow the inspection and/or replacement of private side 24 |
|---|
| 254 | 254 | | service line, the water supplier may, beginning sixty (60) days after the notice has been filed, assess 25 |
|---|
| 255 | 255 | | a monthly charge of not more than one hundred dollars ($100) that will accrue until the property 26 |
|---|
| 256 | 256 | | owner allows for the inspection and/or replacement of the private side service line. The monthly 27 |
|---|
| 257 | 257 | | charge shall be a lien on the property in accordance with § 39-15-12. A property owner may make 28 |
|---|
| 258 | 258 | | application for a hardship waiver of the assessment upon written notice to the water supplier. All 29 |
|---|
| 259 | 259 | | monies collected by the water supplier shall be used for lead hazard reduction. 30 |
|---|
| 260 | 260 | | (q) If the property is a rental property, the owner shall inform the tenants of the presence 31 |
|---|
| 261 | 261 | | of lead in accordance with § 23-24.6-15(b), in language the tenant understands. If the owner fails 32 |
|---|
| 262 | 262 | | to provide tenants with timely notification of the existence of lead in service lines to the building 33 |
|---|
| 263 | 263 | | the owner shall be subject to civil penalty in accordance with § 23-24.6-27. 34 |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | LC000920 - Page 8 of 12 |
|---|
| 267 | 267 | | (r) In the event that a water service line in a rental property is found to contain lead and the 1 |
|---|
| 268 | 268 | | property owner declines or is unresponsive to a request for a service line replacement, the tenant 2 |
|---|
| 269 | 269 | | shall reserve the right to request and schedule a private side lead replacement with their local water 3 |
|---|
| 270 | 270 | | supplier. Water suppliers are authorized to notify the property owner of the tenant's request and 4 |
|---|
| 271 | 271 | | begin the process of scheduling a private side replacement. 5 |
|---|
| 272 | 272 | | (s) When a property owner transfers the ownership of property they shall disclose the 6 |
|---|
| 273 | 273 | | presence of lead service lines. Pursuant to § 5-20.8-11, every contract for the transfer or purchase 7 |
|---|
| 274 | 274 | | and sale of real estate that is or may be served by a service line containing lead shall provide that 8 |
|---|
| 275 | 275 | | potential purchasers be permitted a ten (10) day period, unless the parties mutually agree upon a 9 |
|---|
| 276 | 276 | | different period of time, to conduct a risk assessment or an inspection of the property's water service 10 |
|---|
| 277 | 277 | | lines for the presence of lead hazards before becoming obligated under the contract to transfer or 11 |
|---|
| 278 | 278 | | purchase. 12 |
|---|
| 279 | 279 | | (t) Any private side service line found to have lead, which provides water to a residential 13 |
|---|
| 280 | 280 | | property subject to sale or transfer, shall be removed and replaced within twelve (12) months of the 14 |
|---|
| 281 | 281 | | date of sale or transfer by the water supplier. The owner will schedule private side replacement 15 |
|---|
| 282 | 282 | | with the water supplier at the time of sale. The public side replacement, if not already replaced, 16 |
|---|
| 283 | 283 | | shall occur at the same time as the private side replacement. 17 |
|---|
| 284 | 284 | | (u) The department and the Rhode Island infrastructure bank shall prioritize the allocation 18 |
|---|
| 285 | 285 | | of funds for private lead service line replacements in accordance with all federal requirements and 19 |
|---|
| 286 | 286 | | based on the percentage of private lead services lines present within a water supplier service area, 20 |
|---|
| 287 | 287 | | which shall be based on factors including, but not limited to: 21 |
|---|
| 288 | 288 | | (1) Targeting known lead service lines; 22 |
|---|
| 289 | 289 | | (2) Targeting populations living in zip codes with high concentration of public and private 23 |
|---|
| 290 | 290 | | lead service lines; 24 |
|---|
| 291 | 291 | | (3) Targeting available funds to support water suppliers demonstrating a need for technical 25 |
|---|
| 292 | 292 | | assistance from the department or the Rhode Island infrastructure bank; and 26 |
|---|
| 293 | 293 | | (4) Targeting populations most sensitive to the effects of lead. 27 |
|---|
| 294 | 294 | | (v) Upon award of funds for lead service replacements, water suppliers shall prioritize 28 |
|---|
| 295 | 295 | | projects within their service area to disadvantaged customers, zip codes with the highest 29 |
|---|
| 296 | 296 | | concentration of lead presence, and those who are most sensitive to the effects of lead. 30 |
|---|
| 297 | 297 | | (w) For any award of one million dollars ($1,000,000) or greater to a water supplier for a 31 |
|---|
| 298 | 298 | | lead service line replacement project, the Rhode Island infrastructure bank shall require water 32 |
|---|
| 299 | 299 | | suppliers and their contractors to participate in an approved apprenticeship program for all 33 |
|---|
| 300 | 300 | | apprenticeable crafts or trades that will be employed on the project at the time of bid. 34 |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | |
|---|
| 303 | 303 | | LC000920 - Page 9 of 12 |
|---|
| 304 | 304 | | (x) Contingent upon available funding, each water supplier shall complete the replacement 1 |
|---|
| 305 | 305 | | of all public and private lead service lines in its service area within ten (10) years of the effective 2 |
|---|
| 306 | 306 | | date of this section unless otherwise provided in this section. All lead service line replacement 3 |
|---|
| 307 | 307 | | projects funded under this chapter shall be completed in accordance with all applicable state and 4 |
|---|
| 308 | 308 | | federal requirements including, but not limited to, the IIJA, federal EPA Lead and Copper Rule 5 |
|---|
| 309 | 309 | | Revisions, and other related federal regulations and guidance. 6 |
|---|
| 310 | 310 | | (y) Upon completion of their lead service line inventory, any water supplier which provided 7 |
|---|
| 311 | 311 | | financing to its customers for private side lead service replacement after January 1, 2018, shall be 8 |
|---|
| 312 | 312 | | eligible for reimbursement from the state for costs associated with private side lead service 9 |
|---|
| 313 | 313 | | replacements financed by its customers. The water supplier shall submit request for reimbursements 10 |
|---|
| 314 | 314 | | to the department. Within ninety (90) days of receipt of funds from the state, the water supplier 11 |
|---|
| 315 | 315 | | shall reimburse each customer for costs incurred in connection with their private side lead service 12 |
|---|
| 316 | 316 | | replacement project. 13 |
|---|
| 317 | 317 | | (z) Each water supplier shall provide an annual report to the governor, the speaker of the 14 |
|---|
| 318 | 318 | | house, president of the senate, chairs of the house and senate finance committees, director of the 15 |
|---|
| 319 | 319 | | department of health, and executive director of the Rhode Island infrastructure bank within ninety 16 |
|---|
| 320 | 320 | | (90) days of the end of each fiscal year. The report shall contain information, including, but not 17 |
|---|
| 321 | 321 | | limited to, the number of public services lines per community served and the number replaced, the 18 |
|---|
| 322 | 322 | | number of private service lines per community served and the number replaced, an estimated 19 |
|---|
| 323 | 323 | | number of service lines to be replaced, property number of private service line inspections 20 |
|---|
| 324 | 324 | | conducted, and annual expense to replace service lines. Water suppliers whose initial inventories 21 |
|---|
| 325 | 325 | | contain only non-lead service lines are not required to provide subsequent annual reports required 22 |
|---|
| 326 | 326 | | in this section. 23 |
|---|
| 327 | 327 | | (aa) Water suppliers may coordinate with the department and nonprofit lead advocacy 24 |
|---|
| 328 | 328 | | organizations to reach residents in communities with lead infrastructure. This coordination may 25 |
|---|
| 329 | 329 | | include, but is not limited to, developing education materials, awareness communications, and 26 |
|---|
| 330 | 330 | | multilingual outreach campaigns. 27 |
|---|
| 331 | 331 | | (bb) The department shall enforce the provisions of this section. 28 |
|---|
| 332 | 332 | | 23-24.6-29. Compliance with federal guidelines. 29 |
|---|
| 333 | 333 | | Whenever federal guidelines for reporting or replacing public or private lead service lines 30 |
|---|
| 334 | 334 | | using federal Infrastructure Investment Jobs Act (IIJA) funds are updated, the department, the 31 |
|---|
| 335 | 335 | | Rhode Island infrastructure bank, and water suppliers are authorized to promulgate rules and 32 |
|---|
| 336 | 336 | | regulations to meet or surpass existing federal rules and regulations. 33 |
|---|
| 337 | 337 | | SECTION 3. Sections 5-20.8-1 and 5-20.8-11 of the General Laws in Chapter 5-20.8 34 |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | |
|---|
| 340 | 340 | | LC000920 - Page 10 of 12 |
|---|
| 341 | 341 | | entitled "Real Estate Sales Disclosures" are hereby amended to read as follows: 1 |
|---|
| 342 | 342 | | 5-20.8-1. Definitions. 2 |
|---|
| 343 | 343 | | When used in this chapter, unless the context indicates otherwise: 3 |
|---|
| 344 | 344 | | (1) “Agent” means any individual or entity acting on behalf of a seller or buyer to effect 4 |
|---|
| 345 | 345 | | the transfer of real estate. It includes listing agent, selling agent, buyer’s agent, and their respective 5 |
|---|
| 346 | 346 | | brokers. 6 |
|---|
| 347 | 347 | | (2) “Agreement to transfer” means a purchase and sale agreement, installment-sales 7 |
|---|
| 348 | 348 | | contract, option to purchase agreement, or other agreement intended to effect the transfer of real 8 |
|---|
| 349 | 349 | | estate from a seller to a buyer. 9 |
|---|
| 350 | 350 | | (3) “Buyer” means any individual or entity seeking to obtain title to real estate from a seller 10 |
|---|
| 351 | 351 | | for consideration. 11 |
|---|
| 352 | 352 | | (4) “Closing” means the time at which real estate is transferred from seller to buyer and 12 |
|---|
| 353 | 353 | | consideration is delivered to the seller or to a settlement agent with the intention of imminent 13 |
|---|
| 354 | 354 | | delivery upon the recording of pertinent documents and other ministerial acts associated with 14 |
|---|
| 355 | 355 | | settlement. 15 |
|---|
| 356 | 356 | | (5) “Deficient conditions” means any land restrictions, defect, malfunction, breakage, or 16 |
|---|
| 357 | 357 | | unsound condition existing on, in, across, or under the real estate of which the seller has knowledge. 17 |
|---|
| 358 | 358 | | (6) "Lead exposure hazard" means a condition that presents a clear and significant health 18 |
|---|
| 359 | 359 | | risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are children 19 |
|---|
| 360 | 360 | | under the age of six (6) years. 20 |
|---|
| 361 | 361 | | (6)(7) “Real estate” means vacant land or real property and improvements consisting of a 21 |
|---|
| 362 | 362 | | house or building containing one to four (4) dwelling units. 22 |
|---|
| 363 | 363 | | (7)(8) “Seller” means any individual or entity seeking to transfer title to real estate to a 23 |
|---|
| 364 | 364 | | buyer for consideration. 24 |
|---|
| 365 | 365 | | (8)(9) “Transfer” means the sale or conveyance, exchange of, or option to purchase any 25 |
|---|
| 366 | 366 | | real estate. 26 |
|---|
| 367 | 367 | | 5-20.8-11. Lead inspection requirement. 27 |
|---|
| 368 | 368 | | (a) Every contract for the purchase and sale of residential real estate (1-4 family)-built prior 28 |
|---|
| 369 | 369 | | to 1978 2011 located in the state shall provide that potential purchasers be permitted a ten-day (10) 29 |
|---|
| 370 | 370 | | period, unless the parties mutually agree upon a different period of time, to conduct a risk 30 |
|---|
| 371 | 371 | | assessment or inspection for the presence of lead exposure hazards before becoming obligated 31 |
|---|
| 372 | 372 | | under the contract to purchase. 32 |
|---|
| 373 | 373 | | (b) Failure to include the provision required in subsection (a) in the purchase and sale 33 |
|---|
| 374 | 374 | | agreement for residential real estate does not create any defect in title; provided, that each violation 34 |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | |
|---|
| 377 | 377 | | LC000920 - Page 11 of 12 |
|---|
| 378 | 378 | | of this section by the seller or his or her agent is subject to a civil penalty of not less than one 1 |
|---|
| 379 | 379 | | hundred dollars ($100) nor more than five hundred dollars ($500). 2 |
|---|
| 380 | 380 | | (c) Failure to provide inspection results and/or educational materials pursuant to 3 |
|---|
| 381 | 381 | | department regulations required by § 23-24.6-16(a) does not create any defect in title; provided, 4 |
|---|
| 382 | 382 | | that each violation of this section by the seller or his or her agent is subject to a civil penalty of not 5 |
|---|
| 383 | 383 | | less than one hundred dollars ($100) nor more than five hundred dollars ($500). 6 |
|---|
| 384 | 384 | | (d) Failure to include the purchase and sale agreement provision required in subsection (a); 7 |
|---|
| 385 | 385 | | failure to provide inspection results pursuant to § 23-24.6-16(a); or inspection results that show a 8 |
|---|
| 386 | 386 | | lead exposure hazard as defined at § 23-24.6-4(12) entitles the purchaser to void the purchase and 9 |
|---|
| 387 | 387 | | sale agreement by providing notice, in writing, to the seller prior to the transfer of the title at closing. 10 |
|---|
| 388 | 388 | | SECTION 4. This act shall take effect upon passage. 11 |
|---|
| 389 | 389 | | ======== |
|---|
| 390 | 390 | | LC000920 |
|---|
| 391 | 391 | | ======== |
|---|
| 392 | 392 | | |
|---|
| 393 | 393 | | |
|---|
| 394 | 394 | | LC000920 - Page 12 of 12 |
|---|
| 395 | 395 | | EXPLANATION |
|---|
| 396 | 396 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 397 | 397 | | OF |
|---|
| 398 | 398 | | A N A C T |
|---|
| 399 | 399 | | RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT |
|---|
| 400 | 400 | | *** |
|---|
| 401 | 401 | | This act would establish a lead water supply replacement program for public and private 1 |
|---|
| 402 | 402 | | service lines using federal funds provided by the federal Infrastructure Investment and Jobs Act 2 |
|---|
| 403 | 403 | | (IIJA) and other federal sources. Water suppliers would be required to develop a service line 3 |
|---|
| 404 | 404 | | inventory in accordance with federal guidelines and work in collaboration with the Rhode Island 4 |
|---|
| 405 | 405 | | infrastructure bank to develop a comprehensive replacement plan. Upon award of funds for lead 5 |
|---|
| 406 | 406 | | service replacements, water suppliers shall prioritize projects within their service area to 6 |
|---|
| 407 | 407 | | disadvantaged customers, zip codes with the highest concentration of lead presence, and those who 7 |
|---|
| 408 | 408 | | are most sensitive to the effects of lead. For residential properties with an identified lead service 8 |
|---|
| 409 | 409 | | line presence, water suppliers shall communicate these findings and replace the private lead service 9 |
|---|
| 410 | 410 | | line at no cost to the property owner or tenant. Water suppliers would not be allowed to request an 10 |
|---|
| 411 | 411 | | increase in residential water rates as a result of receiving grants, loans or other financial assistance 11 |
|---|
| 412 | 412 | | for the purpose of replacing lead service lines, reducing lead in drinking water, or other related 12 |
|---|
| 413 | 413 | | programs. For any award of one million dollars ($1,000,000) or greater to a water supplier for a 13 |
|---|
| 414 | 414 | | lead service line replacement project, the Rhode Island infrastructure bank shall require water 14 |
|---|
| 415 | 415 | | suppliers and their contractors to participate in an approved apprenticeship program. Within ninety 15 |
|---|
| 416 | 416 | | (90) days, at the end of each fiscal year, each water supplier shall be required to provide an annual 16 |
|---|
| 417 | 417 | | report to the governor, the general assembly, director of the department of health, and executive 17 |
|---|
| 418 | 418 | | director of the Rhode Island infrastructure bank detailing the number of public and private services 18 |
|---|
| 419 | 419 | | lines per community served and the number replaced, an estimated number of service lines to be 19 |
|---|
| 420 | 420 | | replaced, and the annual expense to replace services lines. 20 |
|---|
| 421 | 421 | | This act would take effect upon passage. 21 |
|---|
| 422 | 422 | | ======== |
|---|
| 423 | 423 | | LC000920 |
|---|
| 424 | 424 | | ======== |
|---|