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Lead Poisoning Prevention: a Guide for Legislators

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Lead Poisoning Prevention: a Guide for Legislators LEAD POISONING PREVENTION: A GUIDE FOR LEGISLATORS by Doug Farquhar Senior Policy Specialist State Issues and Policy Analysis Program National Conference of State Legislatures in cooperation with the U.S. Environmental Protection Agency National Conference of State Legislatures William T. Pound, Executive Director 1560 Broadway, Suite 700 Denver, Colorado 80202-5140 303/830-2200 444 North Capitol Street, N.W., Suite 515 Washington, D.C. 20001 202/624-5400 August 1994 Lead Poisoning Prevention: A Guide for Legislators i CONTENTS LIST OF TABLES AND FIGURES .............................................................................................. v ACKNOWLEDGMENTS............................................................................................................. vi EXECUTIVE SUMMARY ........................................................................................................... vii 1. NATURE AND EXTENT OF LEAD POISONING ......................................................... 1 Characteristics of the Metal .................................................................................................................... 1 Effects on Children and Pregnant Women ...................................................................................... 2 Sources and Reduction of Exposure ................................................................................................... 2 Lead-based paint ................................................................................................................................2 Lead in soil and dust......................................................................................................................... 5 Lead in drinking water .................................................................................................................... 7 2. THE STATE ROLE IN REDUCING LEAD EXPOSURE ................................................ 8 History of the State Role .......................................................................................................................... 8 Title X: The Residential Lead-Based Paint Hazard Reduction Act of 1992 ........................ 8 Effect on state programs.................................................................................................................. 9 Comprehensive State Programs for Lead Poisoning ................................................................. 11 Surveillance......................................................................................................................................... 11 Screening programs ........................................................................................................................ 12 Reporting requirements/state registry ................................................................................... 13 Public outreach and education ................................................................................................... 14 Medical and environmental case management programs .............................................. 15 Inspections/risk assessments ..................................................................................................... 16 Remediation or abatement of lead hazards ........................................................................... 16 Disclosure of lead hazards............................................................................................................ 16 3. TRAINING, CERTIFICATION, AND ACCREDITATION......................................... 17 Training Programs ................................................................................................................................... 17 Elements of a Lead Inspection, Assessment, and Abatement Training Program .......... 18 State Training, Certification, and Accreditation Programs...................................................... 19 Section 402—Lead-Based Paint Activities Training and Certification................................. 20 Inspection, Risk Assessment, and Abatement Requirements Under Section 402.......... 21 State Implementation of Section 402 ................................................................................................. 21 State Authority Over Federal Facilities and Properties............................................................. 22 Training and Certification for Renovators and Remodelers ................................................... 22 Fees for Training, Certification, and Accreditation Programs................................................ 22 4. FUNDING OPTIONS FOR STATE LEAD POISONING PREVENTION PROGRAMS............................................................................................ 23 Fees and Taxes ........................................................................................................................................... 24 State Loans to Finance Abatements .................................................................................................. 25 Bonds to Finance Lead Poisoning Prevention .............................................................................. 26 Federal Resources to Finance State Programs .............................................................................. 27 Lead Poisoning Prevention: A Guide for Legislators iii APPENDIXES A. Federal Statutes ............................................................................................................................................ 29 Lead-Based Paint Poisoning Prevention Act .............................................................................. 29 Lead Contamination Control Act of 1988 .................................................................................... 29 Residential Lead-Based Paint Hazards Reduction Act of 1992 ........................................... 30 B. State Statutes Regarding Prevention of Lead-Based Paint Poisoning.................................... 32 C. Resources for Further Information....................................................................................................... 38 NOTES .......................................................................................................................................... 39 ACRONYMS AND ABBREVIATIONS ................................................................................... 43 BIBLIOGRAPHY ......................................................................................................................... 44 ABOUT THE AUTHOR.............................................................................................................. 47 iv Lead Poisoning Prevention: A Guide for Legislators LIST OF TABLES AND FIGURES Tables 1. Status of State Lead Hazard Reduction Programs ........................................................................... xi 2. Number of Owner-Occupied Properties and Single-Family Rental Properties .................... 4 3. States With Comprehensive Programs................................................................................................ 11 4. CDC’s Recommended Responses to Various Blood Lead Levels in Children .................... 15 5. Estimated Average Cost of Abatement per Dwelling Unit......................................................... 23 6. Percentage of all Housing With Lead-Based Paint by Estimated Abatement Cost........... 23 7. Estimated Annual Number of Units to be Tested or Abated and the Estimated Annual Costs ........................................................................................... 24 Figures 1. Lead Levels In Blood That Cause Certain Effects in Children ..................................................... 1 2. Number of Children Exposed to Lead via Various Media ............................................................ 2 3. Number and Age of U.S. Homes ............................................................................................................. 3 4. States With Lead Screening Programs ................................................................................................. 13 5. States With Lead Training, Certification, and Accreditation Statutes in 1994 ..................... 20 Lead Poisoning Prevention: A Guide for Legislators v ACKNOWLEDGMENTS Lead Poisoning Prevention: A Guide for Legislators presents a comprehensive overview of the issues and policies surrounding lead poisoning prevention and lead hazard reduction. Data for this publication came from documents and reports prepared by the U.S. Department of Health and Human Services, the U.S. Department of Housing and Urban Development, and the U.S. Environmental Protection Agency; from research into state and federal statutes and regulations; from information collected from contacts in state governments; and from legisla- tive staff. This document is part of a project to assist states in identifying and reducing lead hazards. This project is funded through a cooperative agreement between NCSL and the U.S. Environ- mental Protection Agency. The EPA project officer for this publication was John Heisler, Environmental Protection Specialist. We gratefully acknowledge his and the agency's assis- tance with this project. State agency personnel reviewed our state sidebar sections and deserve special recognition: Norman Petersen, Arizona Office of Health Services; Jennifer Flattery, California Department of Health Services; Beverly Gammage, Maryland Department of the Environment; Roy Petre, Massachusetts Department of Public Health;
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