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2006 SESSION

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SB 450 Lead poisoning; lead hazard control or identification of child being poisoned thereof.

Introduced by: Benjamin J. Lambert III | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Abatement of lead hazards; disclosure of lead risks or the identification of a child as having an elevated blood-lead level; retaliation deemed noncompliance; civil penalty.  Establishes the two essential lead program elements relating to lead poisoning prevention that are lacking in Virginia but are required by federal agencies for the 2006 grant cycle.  The bill provides an enforcement mechanism for control of lead hazards and protections from termination of the rental agreement or other retaliatory action after written notification of (i) a lead hazard in the dwelling unit or (ii) that a child of the tenant, who is an authorized occupant in the dwelling unit, has an elevated blood lead level.  The bill also requires the landlord to maintain the painted surfaces of the dwelling unit in compliance with the Property Maintenance Code and the Uniform Statewide Building Code and provides that the failure to do so will entitle the tenant to terminate the rental agreement.  This bill is a recommendation of the Joint Subcommittee to Study Lead Poisoning Prevention (SJR 380), 2005.

SUMMARY AS INTRODUCED:

Abatement of lead hazards; disclosure of lead risks or the identification of a child as having an elevated blood-lead level; retaliation deemed noncompliance; civil penalty.  Establishes the two essential lead program elements relating to lead poisoning prevention that are lacking in Virginia but are required by federal agencies for the 2006 grant cycle, a competitive application process that could result in the loss of federal funds for lead risk elimination activities without legislative action.  The two elements are: to require abatement when a child residing in the unit is found to have elevated blood lead levels and to be lead poisoned and to prohibit retaliation; i.e., termination of the rental agreement or an invalid unilateral change in the terms of the rental agreement by landlords when lead risks or the identification of a child with elevated blood lead levels and to be lead poisoned are reported.  This bill is a recommendation of the Joint Subcommittee to Study Lead Poisoning Prevention (SJR 380).