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Rhode Island Senate Bill S0002

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0002 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT
1616 Introduced By: Senators Ruggerio, Goodwin, Euer, Gallo, Pearson, Miller, DiMario,
1717 Sosnowski, Gu, and Burke
1818 Date Introduced: January 10, 2023
1919 Referred To: Senate Health & Human Services
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 23-24.6-4 of the General Laws in Chapter 23-24.6 entitled "Lead 1
2424 Poisoning Prevention Act" is hereby amended to read as follows: 2
2525 23-24.6-4. Definitions. 3
2626 For the purposes of this chapter: 4
2727 (1) "Apprenticeable" means any nationally-recognized occupation that has a pre-existing 5
2828 registered apprenticeship program approved pursuant to 29 C.F.R. Part 29 and Part 30. 6
2929 (2) "Approved apprenticeship program" or "apprenticeship program" means an 7
3030 apprenticeship program that has been approved by the U.S. Department of Labor, or by a 8
3131 recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such 9
3232 programs shall not include those that have obtained only provisional approval status. The required 10
3333 apprenticeship programs may either be programs that have specifically allocated funding and are 11
3434 subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. 12
3535 ("ERISA"), or non-ERISA programs financed by general funds of employers. 13
3636 (1)(3)"Childhood lead poisoning" means a confirmed venous blood lead level, measured 14
3737 in micrograms of lead per deciliter of whole blood, established by rule by the Rhode Island 15
3838 department of health based on the best available information about the effects of elevated blood 16
3939 lead levels. 17
4040 (2)(4) "Comprehensive environmental lead inspection" means the inspection of any 18
4141 structure or premises for the presence of lead in various media and includes sampling as may be 19
4242
4343
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4545 necessary or expedient in order to determine compliance in the structure or premises with standards 1
4646 for being lead safe or lead free. 2
4747 (3)(5) "Department" means the state department of health. 3
4848 (4)(6) "Director" means the director of health. 4
4949 (5)(7) "Dwelling" means any enclosed space which is wholly or partly used or intended to 5
5050 be used for living or sleeping by human occupants. 6
5151 (6)(8) "Dwelling unit" means any room or group of rooms located within a dwelling and 7
5252 forming a single habitable unit with facilities which are used or intended to be used for living, 8
5353 sleeping, cooking, and eating. 9
5454 (7)(9) "Environment intervention blood lead level" means a confirmed concentration, in a 10
5555 person under six (6) years of age, of lead in whole blood of greater than or equal to twenty (20) 11
5656 micrograms per deciliter for a single test or for fifteen (15) to nineteen (19) micrograms per deciliter 12
5757 for two (2) tests taken at least three (3) months apart or as defined by the department consistent 13
5858 with regulations adopted by the U.S. Department of Housing and Urban Development. 14
5959 (8)(10) "Environmental lead hazard reduction" means activities undertaken by or on behalf 15
6060 of a property owner in order to achieve lead free or lead safe status pursuant to the requirements of 16
6161 this chapter. 17
6262 (11) "Full lead service line replacement" means the replacement of a lead service line that 18
6363 results in the entire length, including lead goosenecks or other lead connectors, of the service line. 19
6464 (12) "Galvanized requiring replacement" means where a galvanized service line is or was 20
6565 at any time downstream of a lead service line or is currently downstream of a service line. 21
6666 (13) "Galvanized service line" means iron or steel piping that has been dipped in zinc to 22
6767 prevent corrosion or rusting. 23
6868 (14) "IIJA" means the federal Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 24
6969 (2021) relating to drinking water found at Division E, Title I. 25
7070 (9)(15) "Inspection" means the inspection, other than a comprehensive environmental lead 26
7171 inspection, of any structure or premises undertaken to determine compliance with the requirements 27
7272 of this chapter or with orders issued pursuant to this chapter. 28
7373 (10)(16) "Insurer" means every medical service corporation, hospital service corporation, 29
7474 health maintenance organization, or other insurance company offering and/or insuring health 30
7575 services; the term includes any entity defined as an insurer under § 42-62-4. 31
7676 (11)(17) "Lead contractor" means any person or entity engaged in lead hazard reduction as 32
7777 a business and includes consultants who design, perform, oversee, or evaluate lead hazard reduction 33
7878 projects undertaken pursuant to the requirements of this chapter. 34
7979
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8282 (12)(18) "Lead exposure hazard" means a condition that presents a clear and significant 1
8383 health risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are 2
8484 children under the age of six (6) years. 3
8585 (13)(19) "Lead free" means that a dwelling, dwelling unit, or premises either contains no 4
8686 lead or contains lead in amounts less than the maximum acceptable environmental lead levels 5
8787 established by department of health regulations. 6
8888 (14)(20) "Lead hazard reduction" means any action or actions designed to reduce exposure 7
8989 to toxic levels of lead which impose an unacceptable risk of exposure in any dwelling or dwelling 8
9090 unit, where a child under the age of six (6) years, with environmental intervention blood lead level 9
9191 or greater resides, or on any premises and may include, but is not limited to: repair, enclosure, 10
9292 encapsulation, or removal of lead based paint and/or lead contaminated dust, soil or drinking water; 11
9393 relocation of occupants; and cleanup measures or ongoing maintenance measures, which may 12
9494 include activities and/or measures that do not present an undue risk to children under age six (6) 13
9595 and can be performed by, or on behalf of, the property owner, without the person performing such 14
9696 activities being licensed or certified. 15
9797 (15)(21) "Lead safe" means that a dwelling, dwelling unit, or premises has undergone 16
9898 sufficient lead hazard reduction to ensure that no significant environmental lead hazard is present 17
9999 and includes but is not limited to covering and encapsulation. 18
100100 (22) "Lead service lines" means any part of a public or private service line that is made of, 19
101101 lined with, or contains, materials consisting of lead. Service lines with galvanized steel or iron shall 20
102102 be considered lead service lines. 21
103103 (23) "Lead status unknown" means where the service line material is not known to be lead, 22
104104 galvanized steel or iron requiring replacement, or a non-lead service line, such as where there is no 23
105105 documented evidence supporting material classification, and otherwise where a non-lead 24
106106 determination cannot be made. Lines which are lead status unknown will be considered lead service 25
107107 lines. 26
108108 (24) "Non-lead" means where the service line is determined through an evidence-based 27
109109 record, method, or technique not to be lead or galvanized steel or iron requiring replacement. 28
110110 (16)(25) "Occupant" means any person who legally resides in, or regularly uses, a dwelling, 29
111111 dwelling unit, or structure; provided, however, that a guest of any age shall not be considered an 30
112112 occupant for the purposes of this chapter. 31
113113 (17)(26) "Owner" means any person who, alone or jointly or severally with others: 32
114114 (i) Shall have legal title to any dwelling or dwelling unit with or without accompanying 33
115115 actual possession of it, or 34
116116
117117
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119119 (ii) Shall have charge, care, or control of any dwelling or dwelling unit as owner or agent 1
120120 of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any 2
121121 person representing the actual owner shall be bound to comply with the provisions of this chapter 3
122122 and with rules and regulations adopted pursuant to this chapter to the same extent as if that person 4
123123 were the owner. An agent of the owner excludes real estate and property management functions 5
124124 where the agent is only responsible for the property management and does not have authority to 6
125125 fund capital and/or major property rehabilitation on behalf of the owner. 7
126126 (iii) For purposes of publicly owned property only, the owner shall be defined to be the 8
127127 chief executive officer of the municipal or state agency which owns, leases, or controls the use of 9
128128 the property. 10
129129 (18)(27) "Person" means any individual, firm, corporation, association, or partnership and 11
130130 includes municipal and state agencies. 12
131131 (19)(28) "Premises" means a platted lot or part thereof or unplatted lot or parcel of land, or 13
132132 plot of land, occupied by a dwelling or structure and includes any building, accessory structure, or 14
133133 other structure thereon which is or will be frequently used by children under the age of six (6) years. 15
134134 (29) "Private service line" or "private side" means the portion of the service line including 16
135135 appurtenances and connections thereto that runs from the curb shutoff valve into the residential 17
136136 property or building. 18
137137 (20)(30) "Program" means the comprehensive environmental lead program established by 19
138138 this chapter. 20
139139 (31) "Public service line" or "public side" means the portion of the service line including 21
140140 appurtenances and connections thereto that runs from the water main in the street to the curb shutoff 22
141141 valve. 23
142142 (21)(32) "State inspector" means the director, his or her designee, or any inspector 24
143143 employed by the department of health who is authorized by the director to conduct comprehensive 25
144144 environmental lead inspections and/or other inspections for the department. 26
145145 (33) "Transient non-community water system" means a non-community water system that 27
146146 does not regularly serve at least twenty-five (25) individuals over six (6) months per year. 28
147147 (34) "Water supplier" means any supplier of water which operates a public water supply 29
148148 system, as defined in § 46-13-2. 30
149149 SECTION 2. Chapter 23-24.6 of the General Laws entitled "Lead Poisoning Prevention 31
150150 Act" is hereby amended by adding thereto the following section: 32
151151 23-24.6-28. Lead water supply replacement. 33
152152 (a) Water suppliers shall develop a service line inventory no later than October 16, 2024 to 34
153153
154154
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156156 determine the existence or absence of lead within each water connection in its service area. This 1
157157 inventory shall be completed in accordance with all applicable state and federal requirements 2
158158 including, but not limited to, the IIJA. Water suppliers shall include in their inventories a list of all 3
159159 private side lead service replacements performed in their service areas since January 1, 2018. 4
160160 Transient non-community water systems are exempt from this section. 5
161161 (b) The service line inventory shall include all service lines and shall classify which are: 6
162162 (1) Lead service lines; 7
163163 (2) Non-lead; and 8
164164 (3) Lead status unknown. 9
165165 (c) Once completed, each water supplier shall provide a copy of their inventory to the 10
166166 department and to the Rhode Island infrastructure bank. This inventory shall be posted on the 11
167167 department's website and on the water supplier's website. Water suppliers without a website shall 12
168168 make the most recent service line inventory available in a publicly accessible location in each 13
169169 community they serve. 14
170170 (1) The department shall: 15
171171 (i) Establish a webpage that serves as a public dashboard to track progress towards the 16
172172 deadline in subsection (a) of this section for each public water supply system; 17
173173 (ii) Publish and maintain online a map of the location of each service line and identify 18
174174 whether it is a lead service line or may be of unknown material and allow this map to serve as 19
175175 compliance for participating public water supply systems with requirements at 40 C.F.R. § 20
176176 141.84(a)(8) that direct the systems to make the service line materials inventory publicly accessible; 21
177177 and 22
178178 (iii) Define disadvantaged communities consistent with federal guidance. 23
179179 (d) When conducting the inventory of service lines in its distribution system for the initial 24
180180 inventory pursuant to this section, a water supplier shall use any information on lead and galvanized 25
181181 iron or steel that it has identified pursuant to applicable state and federal requirements. 26
182182 (e) Water suppliers may utilize the following to develop a service line inventory: 27
183183 (1) Visual inspection during planned maintenance, meter replacement, and main 28
184184 replacement projects; 29
185185 (2) Solicitation and receipt of comments, complaints and other input from customers in the 30
186186 service area; 31
187187 (3) Historical building records and other available data from the American Water Works 32
188188 Association or other industry research groups; and/or 33
189189 (4) Any other procedures and resources, including from 40 C.F.R. 141.84 (a)(3), the water 34
190190
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193193 supplier deems appropriate for identifying lead service lines. 1
194194 (f)(1) Within thirty (30) days of identifying a lead service line, the water supplier shall 2
195195 provide written notice to the property owner, the tenants of the building and the director of the 3
196196 presence of lead service lines or lead status unknown service lines. The notice shall be multilingual 4
197197 and include information describing the sources of lead in drinking water, description of the health 5
198198 effects of lead exposure and steps customers can take to mitigate exposure to lead in drinking water. 6
199199 This notice shall include lead service line replacement instructions and contact information to 7
200200 schedule a service line inspection and replacement. 8
201201 (2) Mitigation measures shall include, but not be limited to: 9
202202 (i) A water supplier providing a filter pitcher or point-of-use device certified by an 10
203203 American Standards Institute accredited certifier to reduce lead; 11
204204 (ii) Instructions to use the filter; and 12
205205 (iii) Six (6) months of filter replacement cartridges. 13
206206 (g) A water supplier without an established lead service line replacement program shall 14
207207 coordinate with the department and the Rhode Island infrastructure bank to develop a replacement 15
208208 program. 16
209209 (h) A water supplier shall develop and submit to the department a lead service replacement 17
210210 plan in accordance with the rules and regulations of the Environmental Protection Agency Lead 18
211211 and Copper Rule Improvements. 19
212212 (i) The department and the Rhode Island infrastructure bank shall coordinate with water 20
213213 suppliers to implement lead replacement programs, including assisting with providing financial 21
214214 assistance to the extent the funds are available. 22
215215 (j) The department and the Rhode Island infrastructure bank shall assist water suppliers 23
216216 with grants, loans or other financial assistance to ensure that public service lines containing lead 24
217217 are replaced in accordance with this chapter; 25
218218 (k) Based on the inventories provided pursuant to subsection (a) of this section, the 26
219219 department, the water suppliers and the Rhode Island infrastructure bank, shall determine the 27
220220 estimated total cost associated with all private side replacements. Consistent with any applicable 28
221221 federal law and regulation and to the extent funds are available, the Rhode Island infrastructure 29
222222 bank shall utilize federal funds allocated under section 50105 of the IIJA for the specific purpose 30
223223 of reducing lead in drinking water, to enable water suppliers to meet all eligible private side lead 31
224224 service replacement cost. 32
225225 (l) In the event total costs exceed available federal funding allocated under section 50105 33
226226 of the IIJA, the Rhode Island infrastructure bank may request appropriations in one or more fiscal 34
227227
228228
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230230 years from the general assembly sufficient to meet the outstanding total cost of all identified 1
231231 outstanding private side lead service line replacements. 2
232232 (m) For properties with a lead service line or a lead status unknown service line, water 3
233233 suppliers shall inspect, at no cost to the property owner, the private side service lines to determine 4
234234 whether lead or galvanized iron or steel is present. If lead is detected in the private service line, the 5
235235 private service line shall be replaced in accordance with all applicable federal and state 6
236236 requirements. 7
237237 (n) The water supplier shall replace the entire lead service line, if lead is present in the 8
238238 public side. The water supplier shall replace the entire lead service line with minor disruption to 9
239239 water service unless there is either an emergency or all persons served by the service line object to 10
240240 the replacement in writing. Transient non-community water systems shall be exempt from lead 11
241241 service line replacements. 12
242242 (o) In the event a property owner refuses to allow the inspection or replacement of private 13
243243 side service lines, the water supplier shall file notice of all attempts to inspect or replace the private 14
244244 side service lines and the property owner's refusal to allow inspection or replacement services with 15
245245 the department. The notice shall state at a minimum: the date and time of each attempt; the name 16
246246 of the person who refused each attempt; and the name and signature of the person who made each 17
247247 attempt. The address where each refusal took place shall be published on the appropriate 18
248248 department website to ensure occupants of the building have notice of the potential lead in the 19
249249 service line. The notice shall be filed within thirty (30) days following the second refusal by the 20
250-property owner. The notice shall be written as a multilingual document. In the event that a water 21
251-service line in a rental property is found to contain lead and the property owner declines or is 22
252-unresponsive, the tenant shall be entitled to make a second (2nd) request to the property owner for 23
253-service line replacement. If the property owner refuses or fails to respond within sixty (60) days, 24
254-the tenant shall have the option to terminate the lease. Upon termination, the property owner may 25
255-not withhold the tenant's security deposit based upon the tenant's exercise of their termination rights 26
256-under this section. 27
257-(p) If the property is a rental property, the owner shall inform the tenants of the presence 28
258-of lead in accordance with § 23-24.6-15(b). If the owner fails to provide tenants with timely 29
259-notification of the existence of lead in service lines to the building the owner shall be subject to 30
260-civil penalty in accordance with § 23-24.6-27. 31
261-(q) When a property owner transfers the ownership of property, they shall disclose the 32
262-presence of lead service lines. Pursuant to § 5-20.8-11, every contract for the transfer or purchase 33
263-and sale of real estate that is or may be served by a service line containing lead shall provide that 34
250+property owner. The notice shall be written as a multilingual document. 21
251+(p) If the property is a rental property, the owner shall inform the tenants of the presence 22
252+of lead in accordance with § 23-24.6-15(b). If the owner fails to provide tenants with timely 23
253+notification of the existence of lead in service lines to the building the owner shall be subject to 24
254+civil penalty in accordance with § 23-24.6-27. 25
255+(q) When a property owner transfers the ownership of property, they shall disclose the 26
256+presence of lead service lines. Pursuant to § 5-20.8-11, every contract for the transfer or purchase 27
257+and sale of real estate that is or may be served by a service line containing lead shall provide that 28
258+potential purchasers be permitted a ten (10) day period, unless the parties mutually agree upon a 29
259+different period of time, to conduct a risk assessment or an inspection of the property's water service 30
260+lines for the presence of lead hazards before becoming obligated under the contract to transfer or 31
261+purchase. Parties may mutually agree to waive a risk assessment or an inspection. 32
262+(r) The department and the Rhode Island infrastructure bank shall prioritize the allocation 33
263+of funds for private lead service line replacements in accordance with all federal requirements and 34
264264
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267-potential purchasers be permitted a ten (10) day period, unless the parties mutually agree upon a 1
268-different period of time, to conduct a risk assessment or an inspection of the property's water service 2
269-lines for the presence of lead hazards before becoming obligated under the contract to transfer or 3
270-purchase. Parties may mutually agree to waive a risk assessment or an inspection. 4
271-(r) The department and the Rhode Island infrastructure bank shall prioritize the allocation 5
272-of funds for private lead service line replacements in accordance with all federal requirements and 6
273-based on the percentage of private lead services lines present within a water supplier service area, 7
274-which shall be based on factors including, but not limited to: 8
275-(1) Targeting known lead service lines; 9
276-(2) Targeting available funds to lead service line replacements for disadvantaged water 10
277-suppliers; and 11
278-(3) Targeting populations most sensitive to the effects of lead. 12
279-(s) Upon award of funds for lead service replacements, water suppliers shall prioritize 13
280-projects within their service area to disadvantaged customers and those who are most sensitive to 14
281-the effects of lead. 15
282-(t) For any award of one million dollars ($1,000,000) or greater to a water supplier for a 16
283-lead service line replacement project, the Rhode Island infrastructure bank shall require water 17
284-suppliers and their contractors to participate in an approved apprenticeship program for all 18
285-apprenticeable crafts or trades that will be employed on the project at the time of bid. 19
286-(u) Contingent upon available funding, each water supplier shall complete the replacement 20
287-of all public and private lead service lines in its service area within ten (10) years of the effective 21
288-date of this section unless otherwise provided in this section. All lead service line replacement 22
289-projects funded under this section shall be completed in accordance with all applicable state and 23
290-federal requirements including, but not limited to, the IIJA and related federal regulations and 24
291-guidance. 25
292-(v) Upon completion of the lead service line inventory or no earlier than January 1, 2025, 26
293-any water supplier which provided financing to its customers for private side lead service 27
294-replacement after January 1, 2018, may be eligible for reimbursement from the state for costs 28
295-associated with private side lead service replacements financed by its customers. State 29
296-reimbursement shall be subject to appropriation by the general assembly. The water supplier shall 30
297-submit request for reimbursements to the department. Within ninety (90) days of receipt of funds 31
298-from the state, the water supplier shall reimburse each customer for costs incurred in connection 32
299-with their private side lead service replacement project. 33
300-(w) Each water supplier shall provide an annual report to the governor, president of the 34
266+LC000226/SUB A - Page 8 of 11
267+based on the percentage of private lead services lines present within a water supplier service area, 1
268+which shall be based on factors including, but not limited to: 2
269+(1) Targeting known lead service lines; 3
270+(2) Targeting available funds to lead service line replacements for disadvantaged water 4
271+suppliers; and 5
272+(3) Targeting populations most sensitive to the effects of lead. 6
273+(s) Upon award of funds for lead service replacements, water suppliers shall prioritize 7
274+projects within their service area to disadvantaged customers and those who are most sensitive to 8
275+the effects of lead. 9
276+(t) For any award of one million dollars ($1,000,000) or greater to a water supplier for a 10
277+lead service line replacement project, the Rhode Island infrastructure bank shall require water 11
278+suppliers and their contractors to participate in an approved apprenticeship program for all 12
279+apprenticeable crafts or trades that will be employed on the project at the time of bid. 13
280+(u) Contingent upon available funding, each water supplier shall complete the replacement 14
281+of all public and private lead service lines in its service area within ten (10) years of the effective 15
282+date of this section unless otherwise provided in this section. All lead service line replacement 16
283+projects funded under this section shall be completed in accordance with all applicable state and 17
284+federal requirements including, but not limited to, the IIJA and related federal regulations and 18
285+guidance. 19
286+(v) Upon completion of the lead service line inventory or no earlier than January 1, 2025, 20
287+any water supplier which provided financing to its customers for private side lead service 21
288+replacement after January 1, 2018, shall be eligible for reimbursement from the state for costs 22
289+associated with private side lead service replacements financed by its customers. The water supplier 23
290+shall submit request for reimbursements to the department. Within ninety (90) days of receipt of 24
291+funds from the state, the water supplier shall reimburse each customer for costs incurred in 25
292+connection with their private side lead service replacement project. 26
293+(w) Each water supplier shall provide an annual report to the governor, president of the 27
294+senate, speaker of the house, director of the department of health, and executive director of the 28
295+Rhode Island infrastructure bank within ninety (90) days of the end of each fiscal year. The report 29
296+shall contain information, including, but not limited to, the number of public services lines per 30
297+community served and the number replaced, the number of private service lines per community 31
298+served and the number replaced, an estimated number of service lines to be replaced, property type, 32
299+number of private service line inspections conducted, and annual expense to replace service lines. 33
300+Water suppliers whose initial inventories contain only non-lead service lines are not required to 34
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304-senate, speaker of the house, director of the department of health, and executive director of the 1
305-Rhode Island infrastructure bank within ninety (90) days of the end of each fiscal year. The report 2
306-shall contain information, including, but not limited to, the number of public services lines per 3
307-community served and the number replaced, the number of private service lines per community 4
308-served and the number replaced, an estimated number of service lines to be replaced, property type, 5
309-number of private service line inspections conducted, and annual expense to replace service lines. 6
310-Water suppliers whose initial inventories contain only non-lead service lines are not required to 7
311-provide subsequent annual reports required in this section. 8
312-(x) Water suppliers may coordinate with the department and nonprofit lead advocacy 9
313-organizations to reach residents in communities with lead infrastructure. This coordination may 10
314-include, but is not limited to, developing education materials, awareness communications, and 11
315-outreach campaigns. 12
316-(y) The department shall enforce the provisions of this section. 13
317-SECTION 3. Sections 5-20.8-1 and 5-20.8-11 of the General Laws in Chapter 5-20.8 14
318-entitled "Real Estate Sales Disclosures" are hereby amended to read as follows: 15
319-5-20.8-1. Definitions. 16
320-When used in this chapter, unless the context indicates otherwise: 17
321-(1) “Agent” means any individual or entity acting on behalf of a seller or buyer to effect 18
322-the transfer of real estate. It includes listing agent, selling agent, buyer’s agent, and their respective 19
323-brokers. 20
324-(2) “Agreement to transfer” means a purchase and sale agreement, installment-sales 21
325-contract, option to purchase agreement, or other agreement intended to effect the transfer of real 22
326-estate from a seller to a buyer. 23
327-(3) “Buyer” means any individual or entity seeking to obtain title to real estate from a seller 24
328-for consideration. 25
329-(4) “Closing” means the time at which real estate is transferred from seller to buyer and 26
330-consideration is delivered to the seller or to a settlement agent with the intention of imminent 27
331-delivery upon the recording of pertinent documents and other ministerial acts associated with 28
332-settlement. 29
333-(5) “Deficient conditions” means any land restrictions, defect, malfunction, breakage, or 30
334-unsound condition existing on, in, across, or under the real estate of which the seller has knowledge. 31
335-(6) "Lead exposure hazard" means a condition that presents a clear and significant health 32
336-risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are children 33
337-under the age of six (6) years. 34
303+LC000226/SUB A - Page 9 of 11
304+provide subsequent annual reports required in this section. 1
305+(x) Water suppliers may coordinate with the department and nonprofit lead advocacy 2
306+organizations to reach residents in communities with lead infrastructure. This coordination may 3
307+include, but is not limited to, developing education materials, awareness communications, and 4
308+outreach campaigns. 5
309+(y) The department shall enforce the provisions of this section. 6
310+SECTION 3. Sections 5-20.8-1 and 5-20.8-11 of the General Laws in Chapter 5-20.8 7
311+entitled "Real Estate Sales Disclosures" are hereby amended to read as follows: 8
312+5-20.8-1. Definitions. 9
313+When used in this chapter, unless the context indicates otherwise: 10
314+(1) “Agent” means any individual or entity acting on behalf of a seller or buyer to effect 11
315+the transfer of real estate. It includes listing agent, selling agent, buyer’s agent, and their respective 12
316+brokers. 13
317+(2) “Agreement to transfer” means a purchase and sale agreement, installment-sales 14
318+contract, option to purchase agreement, or other agreement intended to effect the transfer of real 15
319+estate from a seller to a buyer. 16
320+(3) “Buyer” means any individual or entity seeking to obtain title to real estate from a seller 17
321+for consideration. 18
322+(4) “Closing” means the time at which real estate is transferred from seller to buyer and 19
323+consideration is delivered to the seller or to a settlement agent with the intention of imminent 20
324+delivery upon the recording of pertinent documents and other ministerial acts associated with 21
325+settlement. 22
326+(5) “Deficient conditions” means any land restrictions, defect, malfunction, breakage, or 23
327+unsound condition existing on, in, across, or under the real estate of which the seller has knowledge. 24
328+(6) "Lead exposure hazard" means a condition that presents a clear and significant health 25
329+risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are children 26
330+under the age of six (6) years. 27
331+(6)(7) “Real estate” means vacant land or real property and improvements consisting of a 28
332+house or building containing one to four (4) dwelling units. 29
333+(7)(8) “Seller” means any individual or entity seeking to transfer title to real estate to a 30
334+buyer for consideration. 31
335+(8)(9) “Transfer” means the sale or conveyance, exchange of, or option to purchase any 32
336+real estate. 33
337+5-20.8-11. Lead inspection requirement. 34
338338
339339
340-LC000226/SUB B/2 - Page 10 of 11
341-(6)(7) “Real estate” means vacant land or real property and improvements consisting of a 1
342-house or building containing one to four (4) dwelling units. 2
343-(7)(8) “Seller” means any individual or entity seeking to transfer title to real estate to a 3
344-buyer for consideration. 4
345-(8)(9) “Transfer” means the sale or conveyance, exchange of, or option to purchase any 5
346-real estate. 6
347-5-20.8-11. Lead inspection requirement. 7
348-(a) Every contract for the purchase and sale of residential real estate (1-4 family)-built prior 8
349-to 1978 2011 located in the state shall provide that potential purchasers be permitted a ten-day (10) 9
350-period, unless the parties mutually agree upon a different period of time, to conduct a risk 10
351-assessment or inspection for the presence of lead exposure hazards before becoming obligated 11
352-under the contract to purchase. 12
353-(b) Failure to include the provision required in subsection (a) in the purchase and sale 13
354-agreement for residential real estate does not create any defect in title; provided, that each violation 14
355-of this section by the seller or his or her agent is subject to a civil penalty of not less than one 15
356-hundred dollars ($100) nor more than five hundred dollars ($500). 16
357-(c) Failure to provide inspection results and/or educational materials pursuant to 17
358-department regulations required by § 23-24.6-16(a) does not create any defect in title; provided, 18
359-that each violation of this section by the seller or his or her agent is subject to a civil penalty of not 19
360-less than one hundred dollars ($100) nor more than five hundred dollars ($500). 20
361-(d) Failure to include the purchase and sale agreement provision required in subsection (a); 21
362-failure to provide inspection results pursuant to § 23-24.6-16(a); or inspection results that show a 22
363-lead exposure hazard as defined at § 23-24.6-4(12) entitles the purchaser to void the purchase and 23
364-sale agreement by providing notice, in writing, to the seller prior to the transfer of the title at closing. 24
365-SECTION 4. This act shall take effect upon passage. 25
340+LC000226/SUB A - Page 10 of 11
341+(a) Every contract for the purchase and sale of residential real estate (1-4 family)-built prior 1
342+to 1978 2011 located in the state shall provide that potential purchasers be permitted a ten-day (10) 2
343+period, unless the parties mutually agree upon a different period of time, to conduct a risk 3
344+assessment or inspection for the presence of lead exposure hazards before becoming obligated 4
345+under the contract to purchase. 5
346+(b) Failure to include the provision required in subsection (a) in the purchase and sale 6
347+agreement for residential real estate does not create any defect in title; provided, that each violation 7
348+of this section by the seller or his or her agent is subject to a civil penalty of not less than one 8
349+hundred dollars ($100) nor more than five hundred dollars ($500). 9
350+(c) Failure to provide inspection results and/or educational materials pursuant to 10
351+department regulations required by § 23-24.6-16(a) does not create any defect in title; provided, 11
352+that each violation of this section by the seller or his or her agent is subject to a civil penalty of not 12
353+less than one hundred dollars ($100) nor more than five hundred dollars ($500). 13
354+(d) Failure to include the purchase and sale agreement provision required in subsection (a); 14
355+failure to provide inspection results pursuant to § 23-24.6-16(a); or inspection results that show a 15
356+lead exposure hazard as defined at § 23-24.6-4(12) entitles the purchaser to void the purchase and 16
357+sale agreement by providing notice, in writing, to the seller prior to the transfer of the title at closing. 17
358+SECTION 4. This act shall take effect upon passage. 18
366359 ========
367-LC000226/SUB B/2
360+LC000226/SUB A
368361 ========
369362
370363
371-LC000226/SUB B/2 - Page 11 of 11
364+LC000226/SUB A - Page 11 of 11
372365 EXPLANATION
373366 BY THE LEGISLATIVE COUNCIL
374367 OF
375368 A N A C T
376369 RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT
377370 ***
378371 This act would establish a lead water supply replacement program for public and private 1
379372 service lines and require disclosure to tenants and buyers of real property of the presence of lead 2
380373 service lines. 3
381374 This act would take effect upon passage. 4
382375 ========
383-LC000226/SUB B/2
376+LC000226/SUB A
384377 ========
378+