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1997 SESSION

977658693
SENATE JOINT RESOLUTION NO. 227
Offered January 10, 1997
Continuing the Joint Subcommittee Studying the Abatement of Lead-based Paint.
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Patrons-- Lambert and Miller, Y.B.; Delegates: Crittenden and Mims
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Referred to the Committee on Rules
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WHEREAS, childhood lead poisoning has been shown to cause serious permanent developmental disabilities, including, but not limited to, brain damage associated with lower IQ, reading disabilities, hyperactivity, and reduced hand-eye coordination; and

WHEREAS, the tragedy of lead poisoning affects children--particularly young children--more drastically than others and is compounded by the fact that lead poisoning is preventable; and

WHEREAS, the lead-based paint abatement study was initiated to ensure that the Commonwealth would be able to obtain federal grant funds from the Department of Housing and Community Development that are intended to abate lead paint; and

WHEREAS, the primary recommendation during the first year of this study was, therefore, focused on establishing a lead certification program since such a program was a prerequisite for receiving the federal money; and

WHEREAS, in the second year of its study, the joint subcommittee amended the lead certification law to resolve a minor problem and to ensure the receipt of the federal funds; and

WHEREAS, the joint subcommittee also initiated the development of a public/private partnership to resolve the problems and concerns surrounding the prevention of lead poisoning and the testing and treatment of children for lead poisoning; and

WHEREAS, federal actions in the past year require the real estate industry to disclose certain conditions to prospective buyers; and

WHEREAS, the response of Virginia's real estate community has been progressive and positive, including the development of brochures, forms, and educational materials; and

WHEREAS, the results of the new federal requirements are yet to be seen and may well need to be monitored; and

WHEREAS, in other federal action during this past year, the Environmental Protection Agency finalized part of its regulations, while maintaining substantial portions as proposed, thereby leaving some uncertainty concerning the future regulations pertaining to lead abatement; and

WHEREAS, in addition, some controversy developed over the progress in the use of the federal funds in various states across the nation, including Virginia; and

WHEREAS, the Department of Housing and Community Development has assured the joint subcommittee that substantial grant activities are being implemented and that an extension of the grant period has been requested; and

WHEREAS, the joint subcommittee has accumulated much information and expertise on lead-based paint abatement and is convinced that its actions have promoted some progress in reducing childhood lead poisoning in Virginia; and

WHEREAS, the joint subcommittee believes, however, that the current circumstances make it necessary to continue to monitor the implementation of the federal grant, the development and impact of additional federal regulations, and the Commonwealth's progress toward success in eliminating childhood lead poisoning; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Joint Subcommittee Studying the Abatement of Lead-based Paint be continued. The members appointed to serve pursuant to Senate Joint Resolution No. 245 of 1993 shall continue to serve, except that any vacancies shall be filled as provided in the enabling resolution.

The joint subcommittee shall continue to monitor lead-poisoning and abatement issues, with particular emphasis on prevention of childhood lead poisoning; the implementation of the lead certification program and the Virginia Department of Housing and Community Development's federal grant for lead abatement; and the impact of federal law and regulations related to disclosure within the real estate industry.

The direct costs of this study shall not exceed $650.

The Division of Legislative Services shall continue to provide staff support for the study. All agencies of the Commonwealth shall provide assistance to the joint subcommittee, upon request.

The joint subcommittee shall complete its work in time to submit its findings and recommendations to the Governor and the 1998 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.