Saturday, November 19, 2016

Legislative Update, 2016 #24== New lead paint law update. Now (this weekend) is the time if you want to provide input on this huge bill.

Howdee everyone,
If you want to follow up, stay in touch with the new enormous lead bill (now 28 sections) and possibly respond to it, then read on.
If not, you can skip this email entirely.

You can access the documents at the following link: 
The lead commission is meeting and continuing its action.
The good news is there is good landlord participation on the commission.  (Whether they positively act on what we are saying is totally another story). The bad news is that the tenant and lead advocates are pushing for fast changes that drastically & negatively affect landlords.
In separate meetings the landlords on the commission have proposed a response to the draft bill. 
There are many attachments included wi  Dig into it if you like. You can also attempt calling me.  I will return calls depending on my availability.
Action items to help and be part of the solution:
1. Send back any ideas you want put into the new law or brought to the Lead Commission’s attention.
2. The commission is sympathetic to the need for money for remediation.  Please send us any other ideas for raising money for lead remediation that the state could put in place.
Please note the original draft is mostly prepared by tenant & lead advocates.  
Let me know if you want to be on the new lead law frequent update listwhich will be getting more updates, especially over the next few weeks as we continue to work on bill language and concepts.
If you want to drill down into this see below. 
Love & Light,
Nick Norman
Director of Legislative Affairs
The following link The present version from the tenant and lead advocates is
“161025 DRAFT Lead Poisoning Prevention Legislation.pdf”.
To really understand what is going on you'll need to read the "161117 Landlord response working draft to 161025 Legislation Draft Bill Language.doc"file.
Below & attached is the landlord's response in preparation for an important subcommittee meeting we have scheduled for morning of 11/22/16.   Feel free to quickly contact me with your input, thoughts, ideas, etc.
Attached are several reports which some of you may already be familiar with.  Also included is an Excel workbook summarizing the BLL numbers from 1999 to 2014 in one easy to use spread sheet.  These numbers come directly from the DHHS annual reports which are available on the DHHS website.  If you want I can forward you those reports as well (which I have already downloaded to create the Excel workbook).
Lastly attached is "161117 Landlord response working draft to 161025 Legislation Draft Bill Language.doc" which as named is the landlord's response to the latest draft legislation.
Here is an incomplete short summary of this huge bill.
Current drafts of the Lead Commission bill
a.    We are working with draft legislation.  Nothing final.  Latest draft has 28 sections.
b.    Add lead hazard language to minimum housing standards and prohibited practices.
      LL response. No
c.    Add testing apartments for lead in water.  Disclosure to tenants.  Remediate lead in water.
    LL response. No. leave addressing lead in water with water suppliers, schools and day care which the bill also addresses.
d.    Similar language for child care facilities.
    LL response. Stand aside.
e.    EMP, Essential Maintenances Program
    LL response ok if voluntary and a strong carrot
f.    Change BLL action from 10 to 5ug/dl
    Could result in going from 75 to 600 perhaps 7000 lead orders per year.
    LL response No.  (but LL education at 5 to 10 could be ok).
    LL request notification at >=5ug/dl.
g.    NH take over running the RRP rule
    LL response No.
h.    Building permits process will give out RRP info and require RRP Certification before issuing building permit
    LL response ok.
i.    Building official enforce RRP and shut down jobs.
    LL response No.
j.    Community Revitalization Tax Relief Incentive which provides that voluntary lead remediation work would not increase property tax assessment for some time, perhaps 5 years.
    LL response strike this section because it doesn’t really give us any benefit.  Give us a real benefit.  We asked for property tax relief to offset cost of lead remediation.
k.    Public water supplier under heavy requirement to clean up lead in water supply
    LL response. Stand aside.
l.    Create paint can fee (/gallon) to raise money for lead remediation and also tap the fund for administration costs to run expanded DHHS
    LL response. Make it $1.00/gallon and no strings on the money with money ONLY used for remediation.
    Add fee on pipe
    ?Add fee on gasoline?
    Add general fund allocation
m.    A little bit more info in lead disclosure when selling property.
    LL response. Stand aside.
n.    Move to Universal BLL testing
    LL response. Stand aside.
o.    Require BLL testing for child entry into public school
    LL response. Stand aside.
p.    Allow for eviction if tenant causes the lead hazard.
    Present LL response.  Clean up language, strike willful, add pets.

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