GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 1305*

Short Title:  Childhood Lead Exposure Amendments.	(Public)

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Sponsors: Senator Odom; Albertson, Jenkins, Kinnaird, Martin of Pitt, and Perdue.

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Referred to:  Children and Human Resources.

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May 27, 1998

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CURRENT LAW REGARDING THE CONTROL OF CHILDHOOD LEAD EXPOSURE, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-131.5 is repealed.
Section 2. Part 4 of Article 5 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-131.6.  Confidentiality of records.
(a)	All medical information and records maintained by the Department that identify the name and address, including supplemental addresses, of a child with elevated blood lead levels are not public records pursuant to G.S. 132-1 and shall, subject to subsection (b) of this section, be confidential.
(b)	All medical information and records maintained by the Department that identify the name and address, including supplemental addresses, of a child with elevated blood lead levels may be released when the release is made under any of the following circumstances:
(1)	Release is made of medical or epidemiological information for statistical purposes in a way that no child can be identified.
(2)	Release is made of all or part of the medical record with the written consent of the parents or guardian of the child.
(3)	Release is made to medical or public health personnel providing medical care or public health services.
(4)	Release is made to a federal, State, or local agency providing housing or housing assistance.
(5)	Release is made to an owner or managing agent of a residential housing unit or child-occupied facility to ensure appropriate environmental intervention.
(6)	Release is made pursuant to a subpoena or court order.
(7)	Release is made by the Department to a court for the purpose of enforcing this Article or any rules adopted pursuant to this Article.
(8)	Release is made by the Department to another federal, State, or local public health, environmental protection, or human services agency to ensure appropriate medical, environmental, or social service follow-up for a child with an elevated blood lead level."
Section 3.  G.S. 130A-131.7(1) reads as rewritten:
"(1)	'Abatement' means undertaking any of the following measures to eliminate a lead-based paint hazard:
a.	Removing lead-based paint from a surface and repainting the surface.
b.	Removing a component, such as a windowsill, painted with lead-based paint and replacing the component.
c.	Enclosing a surface painted with lead-based paint with paneling, vinyl siding, or another approved material.
d.	Encapsulating a surface painted with lead-based paint with a sealant.
e.	Any other measure approved by the Department.
	."
Section 4.  G.S. 130A-131.7(7) reads as rewritten:
"(7)	'Lead poisoning hazard' means the presence of readily accessible or mouthable lead-bearing substances, including lead-based paint, measuring 1.0 milligram per square centimeter or greater by X-ray fluorescence or five-tenths of one percent (0.5%) or greater by chemical analysis; or 15 parts per billion or greater in drinking water; or 50  micrograms per square foot or greater for dust on floors; or 250 micrograms per square foot or greater for dust on windowsills; or soil lead concentrations in an amount greater than 400 parts per million that is determined by the Department to present a hazard in light of (i) the condition and use of the land and (ii) other relevant factors."
Section 5.  G.S. 130A-131.9C reads as rewritten:
"(a)	Upon determination that a child less than 6 years of age has a confirmed lead poisoning of 20 micrograms per deciliter or greater and that child resides in, attends, or regularly visits, a residential housing unit or child-occupied facility containing lead poisoning hazards, the Department shall require abatement of the lead-based paint hazards and the remediation of other lead poisoning hazards. The Department shall also require the abatement of the lead-based paint hazards and the remediation of other lead poisoning hazards identified at the supplemental addresses of a child less than 6 years of age with a confirmed lead poisoning of 20 micrograms per deciliter or greater.
(b)	When abatement of lead-based paint hazards or remediation of other lead poisoning hazards is required under subsection (a) of this section, the owner or managing agent shall submit a written remediation plan to the Department within 14 days of receipt of the lead poisoning hazard notification and shall obtain written approval of the plan prior to initiating abatement of lead-based paint hazards or remediation of other lead poisoning hazards. The remediation plan shall comply with subsections (g), (h), and (i) of this section.
(c)	If the remediation plan submitted fails to meet the requirements of this section, the Department shall issue an order requiring submission of a modified plan. The order shall indicate the modifications which shall be made to the remediation plan and the date by which the plan as modified shall be submitted to the Department.
(d)	If the owner or managing agent does not submit a remediation plan within 14 days, the Department shall issue an order requiring submission of a remediation plan within five days of receipt of the order.
(e)	The owner or managing agent shall notify the Department and the occupants of the dates of remediation activities at least three days prior to the commencement of the activities.
(f)	Abatement of lead-based paint hazards and remediation of other lead poisoning hazards shall be completed within 60 days of the Department's approval of the remediation plan. If these activities are not completed within 60 days as required, the Department shall issue an order requiring completion of the activities. An owner or managing agent may apply to the Department for an extension of the deadline. The Department may issue an order extending the deadline for 30 days upon proper written application by the owner or managing agent.
(g)	The following methods of abatement of lead-based paint hazards are prohibited:
(1)	Stripping paint on-site with methylene chloride-based solutions;
(2)	Torch or flame burning;
(3)	Heating paint with a heat gun above 1,100 degrees Fahrenheit;
(4)	Covering with new paint or wallpaper unless all readily accessible lead-based paint has been removed;
(5)	Uncontrolled abrasive blasting; or
(6)	Uncontrolled waterblasting.
(h)	All lead-containing waste and residue shall be removed and disposed of in accordance with applicable federal, State, and local laws and rules.
(i)	All remediation plans shall require that the lead poisoning hazards be reduced to below the following levels:
(1)	Floor lead dust levels of 50 micrograms per square foot;
(2)	Windowsill lead dust levels of 250 micrograms per square foot;
	(4)	Soil lead levels higher than 400 parts per million as determined by the Department to prevent a hazard in light of the condition and use of the land and in light of other relevant factors; and
(5)	Drinking water lead levels of 15 parts per billion.
(j)	The Department shall verify by visual inspection that the approved remediation plan has been completed. The Department may also verify plan completion by residual lead dust monitoring and soil or drinking water lead level measurement. 
(j1)	Compliance with the maintenance standard satisfies the remediation plan requirements as long as exterior surfaces are also addressed.  For owner-occupied residential housing units, compliance with the maintenance standard satisfies the remediation plan requirements for confirmed lead poisoning cases identified on or after January 1, 1997, as long as exterior surfaces are also addressed.
(k)	Removal of children from the residential housing unit or child-occupied facility shall not constitute abatement or remediation if the property continues to be used for a residential housing unit or child-occupied facility."
Section 6.  G.S. 130A-131.9D reads as rewritten:
"§ 130A-131.9D.  Effect of compliance with maintenance standard.
Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust, shall not be deemed liable (i)	for any injuries sustained by that occupant after the owner first complied with the maintenance standard defined under G.S. 130A-131.7 provided the owner has repeated the steps provided for in the maintenance standard annually for units in which children younger than 6 years of age have resided in or regularly visited within the past year and obtained a certificate of compliance under G.S. 130A-131.9E annually during such occupancy; or (ii) if the owner is able to show by other documentation that compliance with the maintenance standard has been maintained during the period when the injuries were sustained; or (iii) if the owner is able to show that the unit was lead-safe housing containing no lead-based paint hazards during the period when the injuries were sustained."
Section 7.  G.S. 130A-131.9F reads as rewritten:
"§ 130A-131.9F.  Discrimination in financing and insurance coverage.
(a)	No bank or financial institution in the business of lending money for the purchase, sale, construction, rehabilitation, improvement, or refinancing of real property of the lending of money secured by an interest in real property may refuse to make such loans merely because of the presence of lead-based paint on the residential real property or in the residential housing unit provided that the owner is in compliance with the maintenance standard and has obtained a certificate of compliance under G.S. 130A-131.9E annually.
(b)	Nothing in this section shall (i) require a financial institution to extend a loan or otherwise provide financial assistance if it is clearly evident that health-related issues, other than those related to lead-based paint, made occupancy of the housing accommodation an imminent threat to the health or safety of the occupant, or (ii) be construed to preclude a financial institution from considering the fair market value of the property which will secure the proposed loan.
(c)	Failure to meet the maintenance standard shall not be deemed a default under existing mortgages. 
(d)	Liability insurers shall provide liability insurance that includes coverage for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust.  Liability insurers shall provide liability insurance at a reduced rate for an owner or managing agent of a residential housing unit when both of the following conditions are satisfied:
(1)	Lead-based paint hazards in the unit have been substantially diminished in accordance with the maintenance standard defined in G.S. 130A-131.7.
(2)	The prospective insured is in possession of a valid certificate of compliance in accordance with G.S. 130A-131.9E."
Section 8.  Part 4 of Article 5 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-131.9H.  Application fees for certificates of compliance.
The Department shall establish and collect application fees for certificates of compliance.  These fees shall be used to support the program that is developed to implement this Part.  These fees also may be used to provide for relocation and medical expenses incurred by children with confirmed lead poisoning.  The application fees shall not exceed ten dollars ($10.00) for each residential housing unit."
Section 9.  This act becomes effective October 1, 1998.