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| 5 | 5 | | 2025 -- H 5375 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000849 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT |
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| 16 | 16 | | Introduced By: Representatives Morales, Handy, Cruz, Furtado, Slater, Kislak, Giraldo, |
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| 17 | 17 | | Carson, Ajello, and Bennett |
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| 18 | 18 | | Date Introduced: February 07, 2025 |
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| 19 | 19 | | Referred To: House Municipal Government & Housing |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 23-24.6-28 of the General Laws in Chapter 23-24.6 entitled "Lead 1 |
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| 24 | 24 | | Poisoning Prevention Act" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 23-24.6-28. Lead water supply replacement. 3 |
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| 26 | 26 | | (a) Water suppliers shall develop a service line inventory no later than October 16, 2024, 4 |
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| 27 | 27 | | to determine the existence or absence of lead within each water connection in its service area. This 5 |
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| 28 | 28 | | inventory shall be completed in accordance with all applicable state and federal requirements 6 |
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| 29 | 29 | | including, but not limited to, the IIJA. Water suppliers shall include in their inventories a list of all 7 |
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| 30 | 30 | | private side lead service replacements performed in their service areas since January 1, 2018. 8 |
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| 31 | 31 | | Transient non-community water systems are exempt from this section. 9 |
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| 32 | 32 | | (b) The service line inventory shall include all service lines and shall classify which are: 10 |
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| 33 | 33 | | (1) Lead service lines; 11 |
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| 34 | 34 | | (2) Non-lead; and 12 |
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| 35 | 35 | | (3) Lead status unknown. 13 |
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| 36 | 36 | | (c)(1) Once completed, each water supplier shall provide a copy of its inventory to the 14 |
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| 37 | 37 | | department and to the Rhode Island infrastructure bank. This inventory shall be posted on the 15 |
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| 38 | 38 | | department’s website and on the water supplier’s website. Water suppliers without a website shall 16 |
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| 39 | 39 | | make the most recent service line inventory available in a publicly accessible location in each 17 |
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| 40 | 40 | | community they serve. 18 |
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| 41 | 41 | | (2) The department shall: 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000849 - Page 2 of 7 |
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| 45 | 45 | | (i) Establish a webpage that serves as a public dashboard to track progress towards the 1 |
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| 46 | 46 | | deadline in subsection (a) of this section for each public water supply system; 2 |
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| 47 | 47 | | (ii) Publish and maintain online a map of the location of each service line and identify 3 |
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| 48 | 48 | | whether it is a lead service line or may be of unknown material and allow this map to serve as 4 |
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| 49 | 49 | | compliance for participating public water supply systems with requirements at 40 C.F.R. § 5 |
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| 50 | 50 | | 141.84(a)(8) that direct the systems to make the service line materials inventory publicly accessible; 6 |
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| 51 | 51 | | and 7 |
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| 52 | 52 | | (iii) Define disadvantaged communities consistent with federal guidance. 8 |
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| 53 | 53 | | (d) When conducting the inventory of service lines in its distribution system for the initial 9 |
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| 54 | 54 | | inventory pursuant to this section, a water supplier shall use any information on lead and galvanized 10 |
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| 55 | 55 | | iron or steel that it has identified pursuant to applicable state and federal requirements. 11 |
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| 56 | 56 | | (e) Water suppliers may utilize the following to develop a service line inventory: 12 |
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| 57 | 57 | | (1) Visual inspection during planned maintenance, meter replacement, and main 13 |
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| 58 | 58 | | replacement projects; 14 |
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| 59 | 59 | | (2) Solicitation and receipt of comments, complaints, and other input from customers in 15 |
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| 60 | 60 | | the service area; 16 |
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| 61 | 61 | | (3) Historical building records and other available data from the American Water Works 17 |
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| 62 | 62 | | Association or other industry research groups; and/or 18 |
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| 63 | 63 | | (4) Any other procedures and resources, including from 40 C.F.R. § 141.84(a)(3), the water 19 |
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| 64 | 64 | | supplier deems appropriate for identifying lead service lines. 20 |
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| 65 | 65 | | (f)(1) Within thirty (30) days of identifying a lead service line, the water supplier shall 21 |
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| 66 | 66 | | provide written notice to the property owner, the tenants of the building, and the director of the 22 |
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| 67 | 67 | | presence of lead service lines or lead status unknown service lines. The notice shall be multilingual 23 |
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| 68 | 68 | | and include information describing the sources of lead in drinking water, description of the health 24 |
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| 69 | 69 | | effects of lead exposure, and steps customers can take to mitigate exposure to lead in drinking 25 |
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| 70 | 70 | | water. This notice shall include lead service line replacement instructions and contact information 26 |
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| 71 | 71 | | to schedule a service line inspection and replacement. 27 |
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| 72 | 72 | | (2) Mitigation measures shall include, but not be limited to: 28 |
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| 73 | 73 | | (i) A water supplier providing a filter pitcher or point-of-use device certified by an 29 |
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| 74 | 74 | | American Standards Institute accredited certifier to reduce lead; 30 |
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| 75 | 75 | | (ii) Instructions to use the filter; and 31 |
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| 76 | 76 | | (iii) Six (6) months of filter replacement cartridges. 32 |
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| 77 | 77 | | (g) A water supplier without an established lead service line replacement program shall 33 |
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| 78 | 78 | | coordinate with the department and the Rhode Island infrastructure bank to develop a replacement 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC000849 - Page 3 of 7 |
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| 82 | 82 | | program. 1 |
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| 83 | 83 | | (h) A water supplier shall develop and submit to the department a lead service replacement 2 |
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| 84 | 84 | | plan in accordance with the rules and regulations of the Environmental Protection Agency Lead 3 |
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| 85 | 85 | | and Copper Rule Improvements. 4 |
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| 86 | 86 | | (i) The department and the Rhode Island infrastructure bank shall coordinate with water 5 |
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| 87 | 87 | | suppliers to implement lead replacement programs, including assisting with providing financial 6 |
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| 88 | 88 | | assistance to the extent the funds are available. 7 |
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| 89 | 89 | | (j) The department and the Rhode Island infrastructure bank shall assist water suppliers 8 |
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| 90 | 90 | | with grants, loans, or other financial assistance to ensure that public service lines containing lead 9 |
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| 91 | 91 | | are replaced in accordance with this chapter. 10 |
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| 92 | 92 | | (k) Based on the inventories provided pursuant to subsection (a) of this section, the 11 |
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| 93 | 93 | | department, the water suppliers, and the Rhode Island infrastructure bank shall determine the 12 |
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| 94 | 94 | | estimated total cost associated with all private side replacements. Consistent with any applicable 13 |
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| 95 | 95 | | federal law and regulation and to the extent funds are available, the Rhode Island infrastructure 14 |
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| 96 | 96 | | bank shall utilize federal funds allocated under section 50105 of the IIJA for the specific purpose 15 |
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| 97 | 97 | | of reducing lead in drinking water, to enable water suppliers to meet all eligible private side lead 16 |
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| 98 | 98 | | service replacement cost. 17 |
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| 99 | 99 | | (l) In the event total costs exceed available federal funding allocated under section 50105 18 |
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| 100 | 100 | | of the IIJA, the Rhode Island infrastructure bank may request appropriations in one or more fiscal 19 |
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| 101 | 101 | | years from the general assembly sufficient to meet the outstanding total cost of all identified 20 |
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| 102 | 102 | | outstanding private side lead service line replacements. 21 |
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| 103 | 103 | | (m) For properties with a lead service line or a lead status unknown service line, water 22 |
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| 104 | 104 | | suppliers shall inspect, at no cost to the property owner, the private side service lines to determine 23 |
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| 105 | 105 | | whether lead or galvanized iron or steel is present. If lead is detected in the private service line, the 24 |
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| 106 | 106 | | private service line shall be replaced in accordance with all applicable federal and state 25 |
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| 107 | 107 | | requirements. 26 |
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| 108 | 108 | | (n) The water supplier shall replace the entire lead service line, if lead is present in the 27 |
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| 109 | 109 | | public side. The water supplier shall replace the entire lead service line with minor disruption to 28 |
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| 110 | 110 | | water service unless there is either an emergency or all persons served by the service line object to 29 |
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| 111 | 111 | | the replacement in writing. Transient non-community water systems shall be exempt from lead 30 |
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| 112 | 112 | | service line replacements. 31 |
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| 113 | 113 | | (o) In the event a property owner refuses to allow the inspection or replacement of private 32 |
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| 114 | 114 | | side service lines, the water supplier shall file notice of all attempts to inspect or replace the private 33 |
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| 115 | 115 | | side service lines and the property owner’s refusal to allow inspection or replacement services with 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC000849 - Page 4 of 7 |
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| 119 | 119 | | the department. The notice shall state at a minimum: the date and time of each attempt; the name 1 |
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| 120 | 120 | | of the person who refused each attempt; and the name and signature of the person who made each 2 |
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| 121 | 121 | | attempt. The address where each refusal took place shall be published on the appropriate 3 |
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| 122 | 122 | | department website to ensure occupants of the building have notice of the potential lead in the 4 |
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| 123 | 123 | | service line. The notice shall be filed within thirty (30) days following the second refusal by the 5 |
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| 124 | 124 | | property owner. The notice shall be written as a multilingual document. In the event that a water 6 |
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| 125 | 125 | | service line in a rental property is found to contain lead and the property owner declines or is 7 |
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| 126 | 126 | | unresponsive, the tenant shall be entitled to make a second (2nd) request to the property owner for 8 |
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| 127 | 127 | | service line replacement. If the property owner refuses or fails to respond within sixty (60) days, 9 |
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| 128 | 128 | | the tenant shall have the option to terminate the lease. Upon termination, the property owner may 10 |
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| 129 | 129 | | not withhold the tenant’s security deposit based upon the tenant’s exercise of their termination 11 |
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| 130 | 130 | | rights under this section. 12 |
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| 131 | 131 | | (p) If the property is a rental property, the owner shall inform the tenants of the presence 13 |
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| 132 | 132 | | of lead in accordance with § 23-24.6-15(b). If the owner fails to provide tenants with timely 14 |
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| 133 | 133 | | notification of the existence of lead in service lines to the building the owner shall be subject to 15 |
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| 134 | 134 | | civil penalty in accordance with § 23-24.6-27. 16 |
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| 135 | 135 | | (q) When a property owner transfers the ownership of property, they shall disclose the 17 |
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| 136 | 136 | | presence of lead service lines. Pursuant to § 5-20.8-11, every contract for the transfer or purchase 18 |
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| 137 | 137 | | and sale of real estate that is or may be served by a service line containing lead shall provide that 19 |
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| 138 | 138 | | potential purchasers be permitted a ten-day (10) period, unless the parties mutually agree upon a 20 |
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| 139 | 139 | | different period of time, to conduct a risk assessment or an inspection of the property’s water 21 |
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| 140 | 140 | | service lines for the presence of lead hazards before becoming obligated under the contract to 22 |
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| 141 | 141 | | transfer or purchase. Parties may mutually agree to waive a risk assessment or an inspection. 23 |
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| 142 | 142 | | (r) The department and the Rhode Island infrastructure bank shall prioritize the allocation 24 |
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| 143 | 143 | | of funds for private lead service line replacements in accordance with all federal requirements and 25 |
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| 144 | 144 | | based on the percentage of private lead service lines present within a water supplier service area, 26 |
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| 145 | 145 | | which shall be based on factors including, but not limited to: 27 |
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| 146 | 146 | | (1) Targeting known lead service lines; 28 |
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| 147 | 147 | | (2) Targeting available funds to lead service line replacements for disadvantaged water 29 |
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| 148 | 148 | | suppliers; and 30 |
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| 149 | 149 | | (3) Targeting populations most sensitive to the effects of lead. 31 |
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| 150 | 150 | | (s) Upon award of funds for lead service replacements, water suppliers shall prioritize 32 |
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| 151 | 151 | | projects within their service area to disadvantaged customers and those who are most sensitive to 33 |
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| 152 | 152 | | the effects of lead. 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC000849 - Page 5 of 7 |
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| 156 | 156 | | (t) For any award of one million dollars ($1,000,000) or greater to a water supplier for a 1 |
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| 157 | 157 | | lead service line replacement project, the Rhode Island infrastructure bank shall require water 2 |
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| 158 | 158 | | suppliers and their contractors to participate in an approved apprenticeship program for all 3 |
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| 159 | 159 | | apprenticeable crafts or trades that will be employed on the project at the time of bid. 4 |
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| 160 | 160 | | (u) Contingent upon available funding, each water supplier shall complete the replacement 5 |
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| 161 | 161 | | of all public and private lead service lines in its service area within ten (10) years of the effective 6 |
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| 162 | 162 | | date of this section [June 24, 2023] unless otherwise provided in this section. All lead service line 7 |
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| 163 | 163 | | replacement projects funded under this section shall be completed in accordance with all applicable 8 |
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| 164 | 164 | | state and federal requirements including, but not limited to, the IIJA and related federal regulations 9 |
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| 165 | 165 | | and guidance. 10 |
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| 166 | 166 | | (v) Upon completion of the lead service line inventory or no earlier than January 1, 2025, 11 |
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| 167 | 167 | | any water supplier that provided financing to its customers for private side lead service replacement 12 |
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| 168 | 168 | | after January 1, 2018, may be eligible for reimbursement from the state for costs associated with 13 |
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| 169 | 169 | | private side lead service replacements financed by its customers. State reimbursement shall be 14 |
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| 170 | 170 | | subject to appropriation by the general assembly. The water supplier shall submit request for 15 |
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| 171 | 171 | | reimbursements to the department. Within ninety (90) days of receipt of funds from the state, the 16 |
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| 172 | 172 | | water supplier shall reimburse each customer for costs incurred in connection with their private 17 |
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| 173 | 173 | | side lead service replacement project. 18 |
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| 174 | 174 | | (w) Each water supplier shall provide an annual report to the governor, president of the 19 |
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| 175 | 175 | | senate, speaker of the house, director of the department of health, and executive director of the 20 |
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| 176 | 176 | | Rhode Island infrastructure bank within ninety (90) days of the end of each fiscal year. The report 21 |
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| 177 | 177 | | shall contain information, including, but not limited to: the number of public service lines per 22 |
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| 178 | 178 | | community served and the number replaced; the number of private service lines per community 23 |
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| 179 | 179 | | served and the number replaced; an estimated number of service lines to be replaced; property type; 24 |
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| 180 | 180 | | number of private service line inspections conducted; and annual expense to replace service lines. 25 |
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| 181 | 181 | | Water suppliers whose initial inventories contain only non-lead service lines are not required to 26 |
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| 182 | 182 | | provide subsequent annual reports required in this section. 27 |
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| 183 | 183 | | (x) Water suppliers may coordinate with the department and nonprofit lead advocacy 28 |
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| 184 | 184 | | organizations to reach residents in communities with lead infrastructure. This coordination may 29 |
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| 185 | 185 | | include, but is not limited to, developing education materials, awareness communications, and 30 |
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| 186 | 186 | | outreach campaigns. 31 |
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| 187 | 187 | | (y) The department shall enforce the provisions of this section. 32 |
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| 188 | 188 | | (z) To protect the health, safety, and welfare of its residents, a municipality may adopt an 33 |
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| 189 | 189 | | ordinance that allows the municipality, the water supplier, or any agent of either, to enter a property 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC000849 - Page 6 of 7 |
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| 193 | 193 | | within the municipality to perform a lead service line replacement if the property owner is eligible 1 |
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| 194 | 194 | | for a free service line replacement, subject to the notice requirement in this subsection. The 2 |
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| 195 | 195 | | municipality shall provide the owner and any residents of the property with written notice at least 3 |
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| 196 | 196 | | seventy-two (72) hours before entering the property, unless, in the case of an emergency, as 4 |
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| 197 | 197 | | determined by the department of health. Nothing in this subsection, or any municipal ordinance 5 |
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| 198 | 198 | | adopted pursuant to the provisions of this subsection, shall be construed to authorize or permit any 6 |
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| 199 | 199 | | municipality, water supplier or any agent to enter any part of the property that is not directly related 7 |
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| 200 | 200 | | to performing a lead service line replacement. 8 |
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| 201 | 201 | | (aa) To protect the health, safety, and welfare of its residents, a municipality may adopt an 9 |
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| 202 | 202 | | ordinance that allows a tenant to request and schedule a private side lead service line replacement 10 |
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| 203 | 203 | | with their local water supplier in the event that a water service line in a rental property is found to 11 |
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| 204 | 204 | | contain lead, the property owner is eligible for a free service line replacement, and the property 12 |
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| 205 | 205 | | owner is unresponsive to a request for a service line replacement. 13 |
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| 206 | 206 | | SECTION 2. This act shall take effect upon passage. 14 |
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| 207 | 207 | | ======== |
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| 208 | 208 | | LC000849 |
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| 209 | 209 | | ======== |
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| 210 | 210 | | |
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| 211 | 211 | | |
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| 212 | 212 | | LC000849 - Page 7 of 7 |
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| 213 | 213 | | EXPLANATION |
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| 214 | 214 | | BY THE LEGISLATIVE COUNCIL |
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| 215 | 215 | | OF |
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| 216 | 216 | | A N A C T |
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| 217 | 217 | | RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT |
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| 218 | 218 | | *** |
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| 219 | 219 | | This act would allow municipalities to enact ordinances that would permit municipalities 1 |
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| 220 | 220 | | and water suppliers to enter properties to perform lead service line replacements and permit tenants 2 |
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| 221 | 221 | | to request and schedule private side lead service line replacements with the local water supplier 3 |
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| 222 | 222 | | when the property owner is unresponsive to a request for service line replacement; provided that, 4 |
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| 223 | 223 | | the property owner is eligible for a free service line replacement. 5 |
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| 224 | 224 | | This act would take effect upon passage. 6 |
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| 225 | 225 | | ======== |
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| 226 | 226 | | LC000849 |
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| 227 | 227 | | ======== |
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