H. 580 Members VT Tobacco Evaluation and Review Board.......................... 35
Favorable with Amendment
H. 599 Boating and Driving While Intoxicated................................................. 35
Rep. Jewett of Ripton for Judiciary
J.R.S. 43 Relating to Town Meeting Adjournment.......................................... 39
Committee Bill for Second Reading
H. 644 Debt Financing for VT Housing Finance Agency.................................. 39 Rep. Howrigan of Fairfield for General, Housing and Military Affairs
Favorable with Amendment
H. 563 Uniform Commercial Code ................................................................. 39
Rep. Larrabee of Danville for Commerce
For Information Purposes
H. 352 Reducing Lead Hazards in Housing...................................................... 40
Report of the Committee on General Housing and Military Affairs
An act relating to terms of members of the Vermont Tobacco Evaluation and Review Board.
Favorable with Amendment
An act relating to boating while intoxicated and driving while intoxicated.
Rep. Jewett of Ripton, for the Committee on Judiciary, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. LEGISLATIVE INTENT
It is the intent of the general assembly in this act to address, among other issues, the Vermont supreme court’s decisions in State v. LaBounty, 2005 VT 124, and State v. Martin, 2007 VT 96. In LaBounty, the court held that if more than one person was injured an offender could be charged with only one count of grossly negligent operation of a motor vehicle with injury resulting. Similarly, the court held in Martin that if more than one person was killed an offender could be charged with only one count of boating while intoxicated with death resulting. In this act, the general assembly responds to Martin and LaBounty by amending several motor vehicle statutes to permit an offender to be charged with a separate count of violating the statute for each person who was killed or injured as a result of the offense.
Sec. 2. 23 V.S.A. § 1091(b) is amended to read:
(b) Grossly negligent operation.
(1) A person who operates a motor vehicle on a public highway in a grossly negligent manner shall be guilty of grossly negligent operation.
(2) The standard for a conviction for grossly negligent operation in violation of this subsection shall be gross negligence, examining whether the person engaged in conduct which involved a gross deviation from the care that a reasonable person would have exercised in that situation.
(3) A person who violates this subsection shall be imprisoned not more than two years or fined not more than $5,000.00, or both. If the person has previously been convicted of a violation of this section, the person shall be imprisoned not more than four years or fined not more than $10,000.00, or both. If serious bodily injury as defined in section 1021 of Title 13 or death of any person other than the operator results, the person shall be imprisoned for not more than 15 years or fined not more than $15,000.00, or both. If serious bodily injury or death results to more than one person other than the operator, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured.
Sec. 3. 23 V.S.A. § 1133 is amended to read:
§ 1133. ATTEMPTING TO ELUDE A POLICE OFFICER
(a) No operator of a motor vehicle shall fail to bring his or her vehicle to a stop when signaled to do so by an enforcement officer:
(1) displaying insignia identifying him or her as such; or
(2) operating a law enforcement vehicle sounding a siren and displaying a flashing blue or blue and white signal lamp.
(b)(1) A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.
(2)(A) In the event that death or serious bodily injury to any person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator shall be imprisoned for not more than five years or fined not more than $3,000.00, or both.
(B) If death or serious bodily injury to more than one person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured.
(c) In a prosecution under this section, the operator may raise as an affirmative defense, to be proven by a preponderance of the evidence, that the operator brought his or her vehicle to a stop in a manner, time, and distance that was reasonable under the circumstances.
* * *
Sec. 4. 23 V.S.A. § 1201 is amended to read:
§ 1201. OPERATING VEHICLE UNDER THE INFLUENCE OF
INTOXICATING LIQUOR OR OTHER SUBSTANCE; CRIMINAL
(a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:
(1) when the person’s alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or
(2) when the person is under the influence of intoxicating liquor; or
(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely; or
(4) when the person’s alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title.
* * *
person may not be convicted of more than one
offense under violation
of subsection (a) of this section arising out of the same incident.
* * *
Sec. 5. 23 V.S.A. § 1210 is amended to read:
§ 1210. PENALTIES
* * *
(e)(1) Death resulting. If the death of any person results from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $10,000.00 or imprisoned not less than one year nor more than 15 years, or both. The provisions of this subsection do not limit or restrict prosecutions for manslaughter.
(2) If the death of more than one person results from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.
(f)(1) Injury resulting. If serious bodily injury, as defined in 13 V.S.A.
§ 1021(2), results to
any person other than the operator from a violation of section 1201 of this
title, the person convicted of the violation shall be fined not more than
$5,000.00, or imprisoned not
less than one year nor more than 15 years,
(2) If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.
* * *
Sec. 6. 23 V.S.A. § 3317 is amended to read:
§ 3317. PENALTIES
* * *
(d) Boating while intoxicated; privilege suspension. Any person who is convicted of violating section 3323 of this title shall have his or her privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, suspended for a period of one year and until the person complies with section 1209a of this title.
(e) Boating while intoxicated; criminal penalty. Any person who violates a provision of section 3323 of this title shall be imprisoned for not more than one year and subject to the following fines:
(1) for a first offense, not less than $200.00 nor more than $750.00;
(2) for a second or subsequent offense, not less than $250.00 nor more than $1,000.00.
Boating while intoxicated; death resulting. If the death of any person results
from the violation of section 3323 of this title, the person convicted shall,
instead of any other penalty imposed in this section, be imprisoned not less
than one year nor more than
five 15 years or fined not more
than $2,000.00 $10,000.00,or both; but the provisions of this
section shall not be construed to limit or restrict prosecutions for
(B) If the death of more than one person results from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.
(2)(A) Boating while intoxicated; serious bodily injury resulting. If serious bodily injury, as defined in 13 V.S.A. § 1021(2), results to any person other than the operator from a violation of section 3323 of this title, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not more than 15 years, or both.
(B) If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.
* * *
Sec. 7. 23 V.S.A. § 3323 is amended to read:
§ 3323. OPERATING UNDER THE INFLUENCE OF INTOXICATING
LIQUOR OR DRUGS; B.W.I.
(a) A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this state while:
(1) there is 0.08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or
(2) under the influence of intoxicating liquor; or
(3) under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of operating safely.
* * *
person may not be convicted of more than one
offense under violation
of subsection (a) of this section arising out of the same incident.
(Committee vote: 10-0-1)
For Action Under Rule 52
J. R. S. 43
Joint resolution relating to Town Meeting adjournment.
(For text see House Journal January 18, 2008)
Committee Bill for Second Reading
An act relating to debt financing for the Vermont Housing Finance Agency.
(Rep. Howrigan of Fairfield will speak for the Committee on General, Housing and Military Affairs.)
Favorable with Amendment
An act relating to the uniform commercial code.
Rep. Larrabee of Danville, for the Committee on Commerce, recommends the bill be amended in Sec. 2, 9 V.S.A. § 1-108, by striking
U.S.C. section 103(b))” and inserting in lieu thereof “(15 U.S.C.
(Committee vote: 10-0-1)
For information Purposes
An act relating to reducing lead hazards in housing.
The Committee on General, Housing and Military Affairs, to which was referred House Bill H.352, entitled “AN ACT RELATING TO REDUCING LEAD HAZARDS IN HOUSING”
respectfully report that they have met and considered the same and recommend that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. FINDINGS AND INTENT
The general assembly finds that:
(1) Lead is highly toxic to humans, particularly to young children, and can cause irreversible damage resulting in long‑lasting, permanent neurological damage, such as decreases in I.Q. and conditions associated with school failure, delinquency, and criminal behavior.
(2) Medical research shows that there is no safe level of lead, and that decreases in I.Q. are greatest for the first ten micrograms of lead per deciliter of blood in young children.
(3) In February 2007, the Vermont department of health announced that it would lower the blood lead level that triggers governmental action from ten to five micrograms of lead per deciliter of blood.
(4) In 2004, four percent of all Vermont children aged one and two years who received lead screening–or approximately 300 children–had blood lead levels at or above ten micrograms per deciliter. Approximately one‑third or nearly 3,000 of all children tested had blood lead levels at or above five micrograms per deciliter.
(5) The primary exposure to lead for Vermont children is lead‑based paint in housing built prior to 1978 when lead was banned in residential paint. Vermont has over 112,000 owner‑occupied housing units and over 56,000 rental housing units built prior to 1978.
(6) Vermont’s lead law, which has been in place since 1996, attempts to prevent exposing children to lead in rental housing by requiring that essential maintenance practices be performed in nearly all rental housing units built prior to 1978. The only provisions that attempt to prevent lead poisoning in children in owner‑occupied housing are related to education.
Sec. 2. 18 V.S.A. § 1751 is amended to read:
§ 1751. DEFINITIONS
and phrases used in this chapter
or in rules adopted pursuant to this
chapter and not defined herein shall have the meanings given to them have
the same definitions as provided in the Federal Residential Lead‑Based
Paint Hazard Reduction Act of 1992 . In the event of unless there is
an inconsistency between meanings given in such federal act and meanings
given in this chapter, the federal act shall apply except where meanings given
in this chapter serve to narrow, limit or restrict the applicability of a word
or phrase, in which cases the narrower meaning shall apply in which
case, any definition provided in this section that narrows, limits, or
restricts shall control.
(b) For the purposes of this chapter:
(1) “Abatement” means any set of measures designed to permanently eliminate lead‑based paint hazards in accordance with standards established by appropriate state and federal agencies. The term includes:
removal Removal of lead‑based paint and lead‑contaminated
dust, the permanent containment or encapsulation of lead‑based
paint, the replacement of lead‑painted surfaces or fixtures, and the
removal or covering of lead‑contaminated soil ; and .
All preparation, cleanup, disposal, and post‑abatement clearance
testing activities associated with such measures.
inspector” or “licensed inspector” means an individual who has been trained by
an accredited training program and certified by the department to perform the
duties of an inspector or risk assessor. “Child” or “children” means an
individual or individuals under the age of 18 years.
(3) “Child care facility” means a day care facility or family day care home as defined in 33 V.S.A. § 4902 that was constructed prior to 1978.
means the commissioner of the department of health. (5)
“Comprehensive environmental lead inspection” or “inspection” “Inspection”
means a surface‑by‑surface investigation to determine the presence
of lead‑based paint and other lead hazards and the provision of a
report explaining the results of the investigation. (6)
“Department” means the department of health. (7)(5) “Deteriorated paint” means
any interior or exterior lead‑based paint that is peeling, chipping,
chalking, flaking, or cracking or any lead‑based paint located on an
interior or exterior surface or fixture that is damaged or deteriorated. (8)(6) “Dwelling” means either
of the following:
single‑family dwelling, A detached family residential unit
including attached structures such as porches and stoops ; or.
A single‑family dwelling residential unit in a
structure that contains more than one separate residential dwelling
unit, and which is used or occupied, or intended to be used or
occupied, in whole or in part, as the home or residence of one or more
(7) “EMP” means essential maintenance practices required by section 1759 of this title.
(8) “Elevated blood lead level” means having a blood lead level of five micrograms per deciliter of human blood, or a lower level as determined by the commissioner.
“Independent dust clearance” means a visual examination and collection of
samples, including dust samples, by a licensed inspector in whose
firm or corporation lead inspector or lead assessor who has no financial
interest in and is independent of both the person performing the work and
the owner of the property to be inspected has no financial interest.
The licensed inspector lead inspector or lead assessor shall use
methods specified by the department and analysis by an accredited laboratory to
determine that lead exposures do not exceed limits set by the department
utilizing current information from the U.S. Environmental Protection Agency or
the U.S. Department of Housing and Urban Development.
(10) “Interim controls” means a set of measures designed to temporarily reduce human exposure to lead‑based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead‑based paint hazards or potential hazards, and the establishment of management and resident education programs.
(11) “Lead‑based paint” means paint or other surface coatings that contain lead in excess of limits established under section 302(c) of the Federal Lead‑Based Paint Poisoning Prevention Act.
contractor” means any person
engaged in deleading or lead hazard reduction
as a business and includes consultants and inspectors who design, perform,
oversee or evaluate lead hazard reduction projects employing one or more
individuals licensed by the department under this chapter.
paint activities” means: (A) in
the case of target housing, risk assessment, inspection, and abatement. (B) in
the case of any public building constructed before 1978, identification of lead‑based
paint and materials containing lead‑based paint, deleading, and
demolition. The term “lead‑based paint activities” may be further
limited or restricted by rule adopted by the secretary. “Lead abatement
worker” means any individual who has satisfactorily completed an accredited
training program approved by the department and has a current license issued by
the department to perform abatements.
(14) “Lead designer” means any individual who has satisfactorily completed an accredited training program approved by the department and has a current license issued by the department to prepare lead abatement project designs, occupant protection plans, and abatement reports.
paint hazard” or “LBP” “Lead hazard” means any condition that causes
exposure to lead inside and in the immediate vicinity of target housing
from water, lead‑contaminated dust, lead‑contaminated
soil, lead‑contaminated paint that has deteriorated or is
present in accessible surfaces, friction surfaces, or impact surfaces,
or building materials that would result in adverse human health effects as
defined by the department using current information from the U.S. Environmental
Protection Agency or the U.S. Department of Housing and Urban Development. (15)
“Lead‑based paint hazard control” or “LBP hazard control” or “lead hazard
control” means a measure or set of measures designed to control or eliminate human
exposure to lead‑based paint hazards through methods that include interim
controls, abatement, and complete removal.
poisoning” means a confirmed blood lead level in a child six years of age or
younger greater than or equal to ten micrograms of lead per deciliter of whole
blood, unless the commissioner finds by rule that a higher or lower
concentration is necessary to protect public health. “Lead inspector”
means any individual who has satisfactorily completed an accredited training
program approved by the department and has a current license issued by the
department to conduct inspections.
(17) “Lead risk assessor” means any individual who has satisfactorily completed an accredited training program approved by the department and has a current license issued by the department to conduct risk assessments.
(18) “Lead‑safe renovator” means any person who has completed a lead‑safe training program approved by the department and has a current registration issued by the department to perform renovations in target housing or child care facilities in which interior or exterior lead‑based paint will be disturbed.
(19) “Lead supervisor” means any individual who has satisfactorily completed an accredited training program approved by the department and has a current license issued by the department to supervise and conduct abatement projects and prepare occupant protection plans and abatement reports.
(17)(20) “Occupant” means any
person who resides in, or regularly uses, a dwelling, car mobile
dwelling unit, or structure. (18)(21) “Owner” means any
person who, alone or jointly or severally with others:
legal title to any dwelling
or dwelling unit or child care facility with
or without accompanying actual possession thereof; or of the
(B) Has charge, care, or control of any dwelling or dwelling unit or child care facility as agent of the owner or guardian of the estate of the owner. An agent of the owner does not include real estate and property management functions where the agent is only responsible for the property management and does not have authority to fund capital or major property rehabilitation on behalf of the owner.
purposes of publicly‑owned property only, the owner shall be the Is
the chief executive officer of the municipal or state agency which that
owns, leases, or controls the use of the publicly owned
Is a person who holds indicia of ownership in a dwelling or dwelling
unit or child care facility furnished by the owner or person in lawful
possession for the primary purpose of assuring repayment of a financial
obligation shall not be considered an owner unless such person has taken
full legal title of a dwelling or child care facility through
foreclosure, deed in lieu of foreclosure, or otherwise. “Owner” does
not include a person who holds indicia of ownership given by the person in
lawful possession for the primary purpose of assuring repayment of a financial
obligation. Indicia of ownership includes interests in real or personal
property that are held as security or collateral for repayment of a
financial obligation such as a mortgage, lien, security interest, assignment,
pledge, surety bond or guarantee and includes (E) Owns
a building in which a child care facility is located or owns the child care
business, although the owner of the child care business may not own the
building. (19)(22) “Rental target
housing” means target housing offered for lease or rental under a rental
agreement as defined in 9 V.S.A. § 4451. “Rental target housing” does not
include a rented single room located within a residential dwelling unit in
which the owner of the dwelling unit resides unless a child six years of age
or younger resides in or is expected to reside in that dwelling unit. (20)(23) “Risk assessment”
means an on‑site investigation by a licensed inspector or risk
assessor lead risk assessor to determine and report the existence,
nature, severity, and location of lead‑ based paint lead
hazards, including information gathering about the age and history of the
property and occupancy by children under the age of six years, visual
inspection, limited wipe sampling, or other environmental sampling
techniques, other appropriate risk assessment activities and a report on the
results of the investigation. (21)
“Secretary” means the secretary of the agency of human services. (22)
“Severely lead‑poisoned” means a confirmed venous blood lead level in a
child six years of age or younger that is greater than or equal to 20
micrograms of lead per deciliter of whole blood or as defined by the
“State inspector” means the commissioner or any person who is authorized in
writing by the commissioner to conduct inspections for the department.
(24) “Screen,” “screened,” or “screening” relating to blood lead levels, means the initial blood test to determine the presence of lead in a human.
(24)(25) “Target housing” means
any dwelling or dwelling unit constructed prior to 1978 and used as a
residence, except any 0‑bedroom residential dwelling unit or any
residential dwelling unit located in multiple‑unit buildings or projects
reserved for the exclusive use of the elderly or persons with disabilities,
unless a child six years of age or younger resides in or is expected to reside
in that housing. “Target housing” does not include units in a hotel, motel,
or other lodging, including condominiums , that are designed and
rented for transient occupancy for travelers or vacationers and not intended
to be used as a primary residence 30 days or less.
Sec. 3. 18 V.S.A. § 1752 is amended to read:
§ 1752. ACCREDITATION
OF TRAINING PROGRAMS;
CERTIFICATION, REGISTRATION AND LICENSURE
ENVIRONMENTAL LEAD INSPECTORS AND LEAD
CONTRACTORS, SUPERVISORS AND WORKERS
later than six months after promulgation of final federal regulations under
section 402 of the Federal Toxic Substances Control Act (15 U.S.C. § 2601 et
seq.), the The department shall develop a program to
administer and enforce the lead‑based paint activities training and
certification standards, regulations, or requirements of this chapter
and other requirements as established by the administrator of the
federal Environmental Protection Agency for persons engaged in lead‑based
paint lead abatement activities. The commissioner shall adopt
rules to implement and enforce this chapter, including establishing standards
and specifications for registration, licensing, issuing a certificate, and
accreditation of training programs both within and outside Vermont.
secretary shall adopt emergency rules, and not later than January 1, 1994, the
secretary shall adopt permanent rules, establishing standards and
specifications for the accreditation of training programs both within and
outside Vermont, including the mandatory topics of instruction, the knowledge
and performance standards that must be demonstrated by graduates in order to be
certified, and required qualifications for training programs and instructors.
Such standards shall be designed to protect children, their families, and
workers from improperly‑conducted lead‑based paint activities, and
shall be at least as protective of human health and the environment as the
federal program. Hands‑on instruction and instruction for identification
and proper handling of historic fabric and materials shall be components of the
required training. The commissioner shall issue certificates to all
persons who satisfactorily complete an essential maintenance practices training
program for lead hazard control, approved by the commissioner.
certify risk assessors, designers, issue
registrations and licenses to laboratories, inspectors, lead
contractors, supervisors, abatement workers, and other persons engaged in lead‑based
paint activities when such persons individuals, and firms, provided they
have successfully completed an accredited a training program approved
by the commissioner and met such other requirements as the secretary
may, by rule, impose complied with all registration and licensing
criteria required by the commissioner.
the adoption of rules pursuant to subsection (b) of this section, no No
person shall perform for compensation of any kind engage in any
activity likely to disturb more than one square foot of lead‑based
paint activities without first registering or obtaining a license
from the commissioner, as provided in this section. The commissioner
may grant a license to a person who holds a comparable valid license
from another state.
in this chapter shall be construed to limit the authority of
the commissioner of health, the commissioner of labor, or the
commissioner of environmental conservation under the provisions of any other
Sec. 4. 18 V.S.A. § 1753 is amended to read:
§ 1753. ACCREDITATION AND LICENSE FEES
(a) The commissioner shall assess fees for accrediting training programs and for certifications, registrations, licenses, and license renewals issued in accordance with this chapter. Fees shall not be imposed on any state or local government or nonprofit training program and may be waived for the purpose of training state employees.
(b) Each accredited training program, registrant, and licensee shall be subject to the following fees:
$400.00 $480.00 per year
$500.00 $600.00 per year
$50.00 $60.00 per year
$50.00 $120.00 per year
$150.00 $180.00 per year
assessors Lead risk assessors =
$150.00 $180.00 per year
$150.00 $180.00 per year
Lead‑safe renovators = $50.00 per year
$500.00 $600.00 per year
(c) Each lead abatement project shall be subject to the following permit fees:
(1) Lead abatement project permit fee $50.00.
(2) Lead abatement project permit revision $25.00.
(d) Fees imposed by this section shall be deposited into the lead paint abatement accreditation and licensing special fund. Monies in the fund may be used by the commissioner only to support departmental accreditation, certification, and licensing activities related to this chapter. The fund shall be subject to the provisions of subchapter 5 of chapter 7 of Title 32.
Sec. 5. 18 V.S.A. § 1754 is amended to read:
§ 1754. PUBLIC EDUCATION
January 1, 1994, the The commissioner of health shall prepare
and distribute clear and simple printed materials describing the dangers
of lead poisoning, the need for parents to have their child children
screened, how to have a child tested and receive a confirmation test,
recommended nutrition and housekeeping practices, and materials on other
lead hazards in housing, identifying possible sources of lead exposure in
housing in addition to lead‑based paint, and describing methods for
addressing those sources. The commissioner shall work with persons and
organizations involved in occupations that may involve lead‑based
paint hazards or childhood lead poisoning to distribute the
materials to their clients, patients, students, or customers whose work
involves disturbance of lead‑based paint or preventing and treating
elevated blood lead levels in humans, such as realtors, subcontractors,
apartment owners, public housing authorities, pediatricians, family
practitioners, nurse clinics, child clinics, other health care providers, child
care and preschool operators, and kindergarten teachers to encourage
them to distribute the materials to their clients, patients, students, or
customers. The commissioner shall also identify those points in time or
specific occasions, when members of the public are in contact with public
agencies and lead might be an issue, such as building permits, home
renovations, and the ANFC and WIC appropriate state and federal
programs, and make the materials available on these occasions.
commissioner shall prepare an appropriate media campaign to educate the public
on lead poisoning prevention. The commissioner shall encourage professional
rehab rehabilitation and weatherization
contractors, minimum housing inspectors, social workers, and visiting
nurses to attend education and awareness workshops. (c) The
commissioner shall develop a program or approve a program, or both, to train
owners and managers of rental target housing and child care facilities and
their employees to perform essential maintenance practices. The names and
addresses of all persons who attend the approved training program shall be maintained
as a public record that the commissioner shall provide to the department of
housing and community affairs.
Sec. 6. 18 V.S.A. § 1755 is amended to read:
§ 1755. UNIVERSAL
later than November 1, 1993, the The commissioner shall publish the
results of the department’s lead poisoning prevalence study . Not later than
January 1, 1994, the commissioner shall publish and the guidelines establishing
that establish the methods by which and the intervals at which children under
six years of age are recommended to should be screened and tested
given a confirmation test for blood lead poisoning,
according to the age of the children and their probability of exposure to high‑dose
sources of lead. The guidelines shall take into account the
recommendations of the U.S. Centers for Disease Control and the American Academy of Pediatrics and shall be updated as those recommendations are changed.
The commissioner may also shall recommend screening for lead poisoning
in other high risk groups.
later than January 1, 1994, the Vermont the commissioner of banking,
insurance, securities, and health care administration shall recommend to the
general assembly whether lead screening should be a common benefit under the
universal access proposals it has presented, and, if so, how such benefits
should be financed. The cost of implementing the Vermont commissioner of
banking, insurance, securities, and health care administration’s plan under
this chapter shall be included in the unified health care budget to be adopted
by the authority effective July 1, 1994. (c)
Beginning July 1, 1994, all All health care providers who provide primary
medical care shall ensure that parents and guardians of children below the
age of six are advised of the availability and advisability of screening and
testing their children for lead poisoning in accordance with the commissioner’s
(1) Screen all children one‑ and two‑years old for lead unless the parent or guardian of the child objects on the grounds that the procedure conflicts with the parent or guardian’s moral or religious tenets or practices.
(2) Conduct a confirmation test of blood lead levels by venous draw for any child whose screening results are ten micrograms of lead per deciliter of blood or more.
(d)(c) Any health care
provider or employee thereof making the diagnosis of lead poisoning shall
report such diagnosis to the department within such time and using such format
as the department shall prescribe. Any laboratory in Vermont which that
analyzes blood samples of children below the age of six Vermont
residents for lead levels shall report to the department such all
information on blood lead analyses as required by the department may
require including data on the number and results of blood lead analyses
performed by the laboratory. All health care providers who analyze
blood samples for lead levels or who use laboratories outside Vermont to analyze blood samples of children below the age of six for lead levels
shall report to the department such all information as required
by the department may require including data on the number and results
of such blood lead tests. The commissioner shall establish procedures to
ensure the confidentiality of the children and families. All blood lead
data reports to the department shall include the name, date of birth, date of
blood test, and address of the individual whose blood is analyzed and, if
known, the owner of the residence of the individual. (e)
After the guidelines established pursuant to subsection (a) of this section
have been in place for two years, the commissioner shall determine the
percentage of children below the age of six who are being screened in
accordance with those guidelines. If fewer than 75 percent of such children
are receiving such screening, the secretary shall adopt rules to require that
all health care providers who provide primary medical care to young children
shall ensure that their patients are screened and tested according to the
commissioner’s guidelines beginning January 1, 1997. Such rules shall provide
that no screening or testing shall be required pursuant to this subsection if
the parent or guardian of the child objects to the child undergoing blood lead
screening on the grounds that such screening conflicts with their moral or
religious tenets or practices.
Sec. 7. 18 V.S.A. § 1756 is amended to read:
§ 1756. ANNUAL REPORT
commissioner shall, at least annually, on or before October 15, analyze
and summarize all
aggregate the information collected during the
previous fiscal year relating to lead screening and confirmation
testing information provided by physicians, health care facilities,
and laboratories and shall provide this information to all other
local and state agencies involved with case management and lead hazard
also at least annually on or before October 15
provide to the general assembly, the health community, and the general public
an analysis and summary of such data, collected during the previous fiscal
year, and a progress report on the commissioner’s efforts to prevent elevated
blood lead poisoning in young children levels in a format
that is easily understandable to nontechnical readers. The report shall
number and percentage of children under the age of six who have been screened
tested for lead poisoning had a confirmation test, and the number
found to have lead poisoning at various blood lead levels of
of the public and private costs incurred since July 1, 1993 to prevent,
correct, or treat lead poisoning. (3) An analysis of
barriers to universal blood screening of children under the age of six years.
(3) The number of home visits conducted, work plans issued, and the number and nature of enforcement actions taken based on elevated blood lead levels.
(4) Any report to the general assembly required by subsection 1757(d) of this title.
(5) The number of annual EMP compliance certifications filed with the department.
(6) The number and blood lead levels of all individuals not included in subdivision (1) of this subsection.
(7) The commissioner’s recommendations for action.
Sec. 8. 18 V.S.A. § 1757 is amended to read:
§ 1757. LEAD POISONED CHILDREN
receiving a report that a child
under age six has been diagnosed by a
qualified physician to have lead poisoning, the a screening test result
of ten or more micrograms of lead per deciliter of blood, or a lower level as
determined by the commissioner, the commissioner shall take prompt action
to confirm the diagnosis ensure that the child obtains a confirmation
test pursuant to subsection 1755(b) of this title.
(b) If the child
is severely lead poisoned has
an elevated blood lead level, the commissioner shall provide for information
on lead hazards to the parents or guardians of the child.
(c) If the child has a confirmed blood lead level at or above ten micrograms of lead per deciliter of blood and if resources permit, the commissioner:
(1) Shall provide an inspection of the
dwelling unit occupied by the child or the child care center the child attends
by a state inspector or licensed private inspector lead
risk assessor, and a plan developed in consultation with the parents, owner,
physician, and others involved with the child to minimize the exposure of the
child to lead. The plan developed under this subdivision shall require that
any lead hazards identified through the inspection be addressed through interim
controls or abatement.
The commissioner may May inspect
and evaluate other dwelling units in a the building in which a
severely lead‑poisoned the child has been identified as
is living and if it is reasonable to believe that a child
under the age of six occupies, receives care, or otherwise regularly
frequents the other dwelling units in that building.
(3) Shall promptly take necessary action to ensure compliance with this section including appropriate enforcement action. If the commissioner finds a violation of section 1759 of this title, a civil penalty shall be assessed.
(c) The commissioner shall work with the parents,
owner, physician, and others involved with the child to develop a plan to
minimize exposure of the child to lead hazards.
target housing which is rented or leased, on or before January 1, 1994, the
secretary with the concurrence of the commissioner of housing and community
affairs shall adopt rules to implement this section including rules which
assure that prompt action will be taken to confirm a lead poisoning diagnosis,
to inspect the possible sources of lead poisoning, and to secure voluntary
compliance or to take necessary enforcement action. Enforcement action
shall include providing the child’s parents or guardians and the owner of the
dwelling unit with appropriate educational materials on lead poisoning
prevention and may include requiring the owner of the dwelling unit to initiate
interim controls or abatement of lead‑based paint hazards within a
specified time. If resources do not permit the commissioner to provide
the inspection and plan pursuant to subsection (b) of this section for at least
80 percent of the children with a confirmed blood lead level at or above ten
micrograms of lead per deciliter of blood during any fiscal year, the
commissioner shall submit a special report on this lack of resources to the
general assembly no later than October 15 following the end of that fiscal
(e) Nothing in this section shall be construed to limit the commissioner’s authority under any other provision of Vermont law.
Sec. 9. 18 V.S.A. § 1758 is amended to read:
REGISTRY LEAD HAZARD DATA
issue certificates to all persons who satisfactorily
complete a training program on performing essential maintenance practices for lead‑based
hazard control and shall compile a list of those persons’ the
names of all persons who satisfactorily complete a training program on
essential maintenance practices, lead‑safe renovation, and any other lead
hazard training programs authorized by the department.
If additional funds are
appropriated to the department in fiscal year 1998, on or before October 1,
1997, the department of housing and community affairs shall establish and
maintain a list of housing units which (1) are lead free or (2) have undergone
lead hazard control measures and passed independent dust clearance tests. The
registry shall be maintained as a public record. (c) The department of
social and rehabilitation services for children and families, child
development division shall identify all child care facilities in which the
owners have completed essential maintenance practices or lead hazard control
measures and provide the findings to the department annually.
Sec. 10. 18 V.S.A. § 1759 is amended to read:
§ 1759. ESSENTIAL MAINTENANCE PRACTICES
the purposes of this section, all All paint in target housing and
child care facilities is presumed to be lead‑based unless a certified
lead inspector or lead risk assessor has determined that it is
not lead‑based. All owners of rental target housing and child care
facilities shall perform the Essential maintenance practices in rental
target housing and child care facilities shall be performed only by a person
who has successfully completed an EMP training program approved by the
commissioner or a person who works under the direct, on‑site supervision
of a person who has successfully completed such training. That person shall
comply with section 1760 of this title and shall take all reasonable
precautions to avoid creating lead hazards during any renovations, remodeling,
maintenance, or repair project that disturbs more than one square foot of lead‑based
paint, pursuant to guidelines issued by the department. The following
essential maintenance practices on their property shall be performed
in all rental target housing and child care facilities, unless a lead inspector
or a lead risk assessor has certified that the property is lead‑free:
Take all reasonable precautions to
avoid creating lead hazards during any renovation, remodeling, maintenance,
or repair project that disturbs a lead‑based painted surface pursuant to
guidelines issued by the department. The guidelines shall include the
following requirements: (A) A prohibition against lead‑based
paint removal by burning, water blasting, dry scraping, power sanding, or
sandblasting, unless authorized by the department. (B) Use of good work practices and
safety precautions to prevent the spread of lead dust, including limiting
access to work areas to workers, covering the work area with six mil
polyethylene plastic or the equivalent, wearing of protective clothing by
workers, protecting belongings of occupants by covering or removing them from
the work area, misting painted surfaces before disturbing the paint, and
wetting sweeping debris. (C) At the conclusion of the work,
specialized cleaning of the work area shall be performed shall be thoroughly
cleaned using methods designed to remove lead dust and recommended by the
Perform visual on‑site inspections of all interior and exterior surfaces
and fixtures of the building to identify deteriorated paint and install window
well inserts into all windows, or protect window wells by another method
approved by the department, no later than July 1, 1998; thereafter, visual on‑site
inspections shall be performed annually and upon a change of tenant. Install
window well inserts in all windows, or protect window wells by another method
approved by the department. (3)(2) At least once a
year and at each change of tenant, and annually in units in which a
child six years of age or younger resides clean all window wells and window
sills within the unit and in all areas of the building to which access by
tenants is not restricted by the rental agreement. The cleaning shall be
accomplished by using cleaning methods, products, and devices that are
effective in the removal of lead‑contaminated dust and recommended by the
department perform visual on‑site inspection of all interior and
exterior painted surfaces and components at the property to identify
deteriorated paint. (4)(3) Promptly and safely
remove or stabilize lead‑based paint if more than one square foot of
deteriorated lead‑based paint is found on any interior or exterior
surface located within any area of the building property to which
access by tenants is not restricted by the rental agreement or on any
exterior porch or an exterior wall, surface or fixture within the exterior
porch. An owner shall restore the assure that all surfaces to
be are free of deteriorated lead‑based paint within 30 days
after deteriorated lead‑based paint has been visually identified or
within 30 days after receipt of a written or oral report of deteriorated lead‑based
paint from any person including the department, a tenant, or from
an owner of a child care facility. If Because exterior paint repairs
cannot be completed in cold weather, any exterior repair work is
identified after November 1 of any year, the repair may be delayed for
completion until shall be completed no later than the following
May 31 of the following year provided that access to surfaces
and components with lead hazards and areas directly below the deteriorated
surfaces is restricted by the use of physical barriers or other methods
approved by the department. (5)(4) If more than one
square foot of deteriorated paint is found on any exterior wall surface or
fixture not covered by subdivision (4)(3) of this subsection and
is located in an area frequented by children six years of age or younger in
warm weather, the owner shall:
(A) promptly and safely repair and stabilize the paint and restore the surface; or
(B) prohibit access to the area, surface, or fixture to assure that children will not come into contact with the deteriorated lead‑based paint.
(5) Annually remove all visible paint chips from the ground on the property and assure that any bare soil within four feet of buildings is inaccessible by using any appropriate and effective method, including fencing, groundcover, or other vegetation, or covering the bare soil with stone or other materials recommended by the department.
(6) At least once a year, using methods recommended by the department, thoroughly clean all interior horizontal surfaces, except ceilings, in common areas accessible to tenants.
(6)(7) Provide written LBP
hazard information prepared or approved by the department to current and
prospective tenants and current and prospective owners of child care
facilities. At each change of tenant, thoroughly clean all interior
horizontal surfaces of the dwelling unit, except ceilings, using methods
recommended by the department. (7)(8) Post, in a prominent
place in buildings containing rental target housing units or a child care
facility, a notice to occupants emphasizing the importance of promptly reporting
deteriorated paint to the owner or to the owner’s agent. The notice shall
include the name, address, and telephone number of the owner or the owner’s
agent. (8) Attend a training program offered
or approved by the department. The training, which shall be available to any
person who repairs, remodels or renovates property, shall be attended by the
owner, the owner’s property manager, or a representative of the owner’s regular
maintenance staff. (9)
Ensure that any person who performs essential maintenance work has completed a
department‑approved training program or is being supervised on‑site
by a person who has completed the training program and complies with the
essential maintenance practices. (10) At
each change of tenant, the owner shall clean all horizontal surfaces, except
ceilings, within all areas of the building used by tenants and not otherwise
restricted by the rental agreement. This cleaning shall be done by using
cleaning methods, products and devices prescribed by the department that are
effective in cleaning up lead‑contaminated dust, such as vacuum cleaners
with HEPA filters, and wet‑cleaning with trisodium phosphate or other
lead specific detergents.
(b) The owner of rental target housing or a child care facility shall perform all the following:
(1) When the essential
maintenance practices are completed,
the owner shall sign an affidavit
indicating that, to the best of the owner’s knowledge and belief EMP
compliance statement certifying that the essential maintenance practices
have been performed, including the addresses of the units in which EMPs were
performed, the dates they were completed, and by whom they were of
completion, and the person who performed the EMPs, and that subdivisions
(2) and (3) of this subsection have been or will be complied with. The
owner shall file the affidavit
the statement required in subdivision (1) of this subsection with the owner’s
liability insurance carrier and the department, and shall provide a copy of
the statement to all tenants.
Annually, the owner shall conduct a
visual check, perform required essential maintenance practices, and sign and
file an affidavit as required by this subsection.
(3) Provide current and prospective tenants with written information regarding lead hazards approved by the department at the time the owner provides the tenant with the EMP compliance statement.
Sec. 11. 18 V.S.A. § 1760 is amended to read:
RULES; REPORT; FUTURE DEPARTMENT
UNSAFE WORK PRACTICES
(a) No later
than January 1, 1997, the secretary shall adopt rules that establish methods
and practices to be used by licensed inspectors who certify that target housing
and child care facilities are lead free or have had lead‑based paint
hazards identified and controlled and have passed independent dust clearance
tests. The rules shall include the duration of validity of any certifications
and requirements for renewal of certifications. (b) By
January 1, 1999, the secretary shall report to the general assembly on the need
for additional essential maintenance practices or other actions to further
prevent lead poisoning in children based on significant: (1)
Reductions in the number and percentage of poisoned and severely lead‑poisoned
Increases in the number and percentages of owners of rental target housing that
have performed essential maintenance practices. (3)
Increases in the number and percentage of housing units that have achieved
higher levels of lead hazard control. (4)
Advances in lead poisoning prevention technology. (5)
Impact of public education efforts in reducing the lead levels of children at
After July 1, 2000, the secretary may adopt rules for the low cost and cost
effective implementation of the essential maintenance practices established in
section 1759 of this title and additional recommended low cost and cost
effective essential maintenance practices and other actions to further prevent
lead poisoning in children.
(a) No person shall disturb more than one square foot of lead‑based paint using unsafe work practices. The commissioner may include additional unsafe work practices by rule. Unsafe work practices include the following, unless specifically authorized by the department:
(1) Removing lead‑based paint by:
(A) Open flame burning or torching.
(B) Use of heat guns operated above 1100 degrees Fahrenheit.
(C) Dry scraping.
(D) Machine sanding or grinding.
(E) Uncontained hydro‑blasting or high pressure washing.
(F) Abrasive blasting or sandblasting without containment and high‑efficiency particulate exhaust controls.
(G) Chemical stripping using methylene chloride products.
(2) Failing to employ one or more of the following lead‑safe work practices:
(A) Limiting access to interior and exterior work areas.
(B) Enclosing interior work areas with plastic sheathing or other effective lead dust barrier.
(C) Using protective clothing.
(D) Misting painted surfaces before disturbing paint.
(E) Wetting paint debris before sweeping to limit dust creation.
(F) Any other measure required by the department.
(b) If it is determined that a person is disturbing lead‑based paint using unsafe work practices, the commissioner may require the person to cease work and to take action necessary to terminate or mitigate lead hazards. The order shall identify the unsafe work practice, the location of the work being performed, and the person performing the work.
(c) No person shall perform, or hire another person to perform, any work for compensation of any kind in any target housing or child care facility if the work is likely to disturb more than one square foot of lead‑based paint unless the person hired holds a current registration or license issued by the department applicable to the work to be performed.
(d) No person shall perform any renovation in target housing or child care facility for compensation without complying with the pre‑renovation notification requirements pursuant to rules of the U.S. Environmental Protection Agency.
Sec. 12. 18 V.S.A. § 1760a is added to read:
§ 1760a. ENFORCEMENT; ADMINISTRATIVE ORDER; PENALTIES
(a) The commissioner may issue an administrative order when the commissioner determines that there has been a violation of this chapter. The order shall be served on the respondent in person or by certified mail, return receipt requested, and a copy of the order shall be provided to the attorney general. An order shall be effective on receipt unless stayed by court order. An administrative order shall include:
(1) A statement of the facts that provide the basis for the violation.
(2) Identification of the applicable statute, rule, permit, assurance, work plan, or order.
(3) Rights of appeal pursuant to subsection (d) of this section.
(4) Notice that injunctive relief in the order is effective on receipt unless stayed by court order.
(5) The amount of any administrative penalty.
(6) Suspension of registration, certification, or licensure, if any.
(7) Applicable directives for actions to address any violations described in the order.
(b) A person who violates a provision of this chapter in target housing or a child care facility shall be subject to an administrative penalty of not more than $10,000.00 for each violation or for each day of a continuing violation. A violator may be subject to any other available enforcement proceedings, remedies, and penalties. In assessing a penalty, the commissioner shall consider at least the following:
(1) The degree of actual or potential impact on public health resulting from the violation.
(2) The confirmed elevated blood lead level of the child who occupies or regularly frequents the property.
(3) The extent of the violator’s knowledge of the violation.
(4) The respondent’s record of compliance with essential maintenance practice requirements.
(5) Any economic gain derived from the violation, including the estimated costs avoided by noncompliance.
(6) The deterrent effect of the penalty on the violator and the regulated community.
(7) The cost to the state of investigation, enforcement, and attorney fees.
(8) The length of time the violation has existed.
(9) Any other relevant factors.
(c) In lieu of part or all of a civil penalty, the commissioner may accept a contribution to the lead hazard education and cleanup fund. Penalties or payments paid in lieu of penalties paid pursuant to this section shall be deposited in the lead hazard education and cleanup fund.
(d) A person may appeal a violation determination and penalty to the superior court within 30 days after the determination is issued. The superior court review shall be de novo and pursuant to Rule 74 of the Vermont Rules of Civil Procedure.
(e) The commissioner may refer violations of this chapter to the attorney general for civil or criminal enforcement.
(f) The attorney general shall bring the case in the name of the state of Vermont.
(g) In any civil action brought pursuant to this section in which a temporary restraining order or preliminary injunction is sought, relief shall be obtained upon a showing that there is the probability of success on the merits, and that a violation exists or a violation is imminent and likely to result in substantial harm. There is no requirement to demonstrate immediate and irreparable injury, loss, or damage for an action under this subsection.
(h) The attorney general may seek all equitable and legal remedies available, including civil penalties.
(i) The court shall assess civil penalties pursuant to subsections (b) and (c) of this section.
(j) Nothing in this section shall limit the commissioner’s authority under any other provision of law.
Sec. 13. 18 V.S.A. § 1761 is amended to read:
§ 1761. DUTY OF REASONABLE CARE; NEGLIGENCE; LIABILITY
of target housing and owners of child care facilities shall take reasonable
care to prevent exposure to, and the creation of,
lead hazards. In an action brought under this section, evidence of
actions taken or not taken to satisfy the requirements of this chapter,
including performing essential maintenance practices, may be admissible
evidence of reasonable care or negligence.
person who suffers an injury proximately caused by an owner’s breach of this
duty of reasonable care shall have a cause of action to recover damages and
for other appropriate
person who is severely lead poisoned as a result of a violation of the duty of
reasonable care before the age of six, or a parent, legal guardian or other
person authorized to act on behalf of that person, shall have a cause of action
to recover damages and other appropriate relief. (d) The owner of target
housing or a child care facility who has reduced lead‑based paint lead
hazards by completing risk assessment and controls and who has had a licensed
inspector a lead risk assessor certify , pursuant to rules under
section 1760 of this title, that identified lead‑based paint lead
hazards have been controlled in target housing or child care facility
premises and the housing or facility contains no lead‑contaminated
dust shall not be liable for injury or other relief claimed to be caused by
exposure to lead during the time period covered by the certification.
This immunity does not apply if:
(1) there was fraud in the certification process; or
(2) the owner violated conditions of the certification; or
lead‑based paint lead hazards during
renovation, remodeling, maintenance, or repair after the certification; or
owner failed to respond in a timely fashion to notification that
paint lead hazards may have recurred on the premises. (e)(d) A defendant in an
action brought under this section has a right of contribution from any other
person or persons who have violated subsection (a) of this section. (f)(e) The remedies provided
under this section shall be the exclusive remedies against owners arising from lead‑based
paint lead hazards, except for the following:
(1) causes of action under 9 V.S.A. chapter 63;
(2) causes of action for relief under 9 V.S.A. § 4458; and
(3) common law actions for fraud or fraudulent misrepresentation.
(g)(f) Nothing in this
section shall be construed to limit the right of the commissioner or any agency
or instrumentality of the state of Vermont to seek remedies available under any
other provision of Vermont statutory law. (h)(g) In an action under 9
V.S.A. § 4458, compliance by the landlord with the duties required under
section 1759 of this title shall create a conclusive presumption of
habitability with respect to lead‑based paint hazards. However, if a
child under the age of six who occupies or regularly frequents
the dwelling is lead poisoned as defined in subdivision 1751(b)(16) of this
title has a confirmed elevated blood lead level, this presumption
shall be rebuttable , not conclusive. Presumptions under this subsection
shall be limited to actions based on a breach of the warranty of habitability
under 9 V.S.A. § 4458. (i) This
section shall apply only to actions arising from acts or omissions that occur
on or after July 1, 1996.
Sec. 14. 18 V.S.A. § 1762 is amended to read:
§ 1762. SECURED LENDERS AND FIDUCIARIES; LIABILITY
(a) A person who holds indicia of ownership in rental target housing or a child care facility furnished by the owner or person in lawful possession, for the primary purpose of assuring repayment of a financial obligation and takes full legal title through foreclosure or deed in lieu of foreclosure or otherwise shall not be liable as an owner of the property for injury or loss claimed to be caused by exposure to lead of a child on the premises, provided that, on or before the 120th day after the date of possession, the person completes all the following:
essential Essential maintenance practices as required by section
1759 of this title ; and .
discloses Full disclosure to all potential purchasers, child care
facility operators or tenants of the property of any information in
the possession of such the person or the person’s agents,
regarding the presence of lead‑based paint lead
hazards or a lead‑poisoned child on the property and, upon
request, provides, including providing copies of all written reports
on lead‑based paint lead hazards to potential purchasers,
operators, or tenants.
immunity provided in subsection (a) of this section shall expire 365 days after
the secured lender or fiduciary takes
full legal title.
person who holds legal title to rental target housing or a child care facility
as an executor, administrator, trustee, or the guardian of the estate of
the owner, and demonstrates that in that fiduciary capacity does not
have either the legal authority or the financial resources to fund capital or
major property rehabilitation
necessary to conduct essential maintenance
practices shall not be personally liable as an owner for injury or loss
caused by exposure to lead by a child on the premises. However, nothing in
this section shall limit the liability of the trust estate for such claims and
those claims may be asserted against the trustee as a fiduciary of the trust
Sec. 15. 18 V.S.A. § 1763 is amended to read:
§ 1763. PUBLIC
FINANCIAL ASSISTANCE; RENTAL TARGET
HOUSING AND CHILD CARE FACILITIES
agency or instrumentality that makes a commitment to provide public financial
assistance for the purchase or rehabilitation of rental target housing or child
care facilities shall give priority to projects in which the property is lead
free, the lead hazards have been or will be identified and abated, or
paint the lead hazards have been or will be identified and
controlled and have passed or will pass an independent dust clearance test that
determines that the property contains no lead‑contaminated dust prior to
occupancy or use. Priority rental target housing projects may include units
occupied by severely lead‑poisoned children with a confirmed
venous blood lead level at or greater than ten micrograms of lead per deciliter
or at a lower level as determined by the commissioner and units in a
building that are likely to contain lead‑based paint lead
hazards. For purposes of this section, “public financial assistance” means any
grant, loan, or allocation of tax credits funded by the state or the
federal government, or any of their agencies or instrumentalities.
Sec. 16. 18 V.S.A. § 1764 is amended to read:
FINANCIAL RESPONSIBILITY FOR LEAD HAZARD CONTROL ACTIVITIES
commissioner may require that a registrant, licensee, or an
applicant for a registration or license under section
of this title provide evidence of ability to properly indemnify a person who
suffers damage from lead‑based paint the registrant’s or
licensee’s activities such as proof of effective liability insurance
coverage or a surety bond in an amount to be determined by the commissioner
which shall not be less than $300,000.00. This section shall not restrict or
enlarge the liability of any person under any applicable law.
Sec. 17. 18 V.S.A. § 1765 is amended to read:
§ 1765. LIABILITY INSURANCE
(a) If the
commissioner of banking, insurance, securities, and health care administration
lead‑based paint lead hazards have
substantially diminished the availability of liability insurance for owners of
rental property or child care facilities and that a voluntary market assistance
plan will not adequately restore availability, the commissioner shall order
liability insurers to provide or continue to provide liability coverage or to
participate in any other appropriate remedial program as determined by the
commissioner, provided the prospective insured is otherwise in compliance with
the provisions of this chapter.
* * *
Sec. 18. 18 V.S.A. § 1766 is added to read:
§ 1766. LEAD HAZARD EDUCATION AND CLEANUP FUND
(a) A fund to be known as the lead hazard education and cleanup fund is created in the state treasury shall be administered by the Vermont housing and conservation board to assist Vermont families and property owners to control lead hazards in housing. The board shall administer the fund in compliance with 10 V.S.A. § 312 and the policies and priorities of the board lead‑based paint hazard reduction program with particular attention to targeting resources, promoting primary prevention in order to maximize both the number of young children protected from exposure to lead hazards and the number of homes made safe from lead hazards. Disbursement may be authorized to fund any of the following:
(1) Free or reduced rate training on essential maintenance practices and lead‑safe work practices for property owners, contractors, child care facility operators and other appropriate persons.
(2) Public education and outreach.
(3) Costs minimally necessary to administer the fund.
(4) Technical assistance to Vermont property owners to identify and control housing‑based lead hazards.
(5) Collection and analysis of environmental samples.
(6) Grants and loans to property owners to control lead hazards in housing units likely to be inhabited by families with young children.
(b) The fund shall consist of loan repayments, recovered disbursements, donations, gifts, administrative penalties related to lead hazards, and any funds appropriated by the general assembly, or received from any other source, private or public. All balances in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund. Interest earned by the fund shall remain in the fund.
(c) The executive director of the Vermont housing and conservation board or designee, and the commissioner of health or designee, shall annually review receipts and disbursements from the fund, evaluate the effectiveness of the fund in meeting its purposes and goals, evaluate the reasonableness of the cleanup costs, and recommend changes to enhance and encourage abatement of lead hazards in target housing and child care facilities and, on each January 15, submit an annual report of its findings to the general assembly.
Sec. 19. 18 V.S.A. § 1767 is added to read:
1767. TRANSFER OF OWNERSHIP OF TARGET HOUSING; RISK
ASSESSMENT; EMP COMPLIANCE
(a) At the time a purchase and sale agreement for target housing is executed, the real estate agent and seller shall provide the buyer with a lead paint hazard brochure, materials on other lead hazards in housing, and a disclosure form approved by the commissioner. The disclosure form shall include any assurance of discontinuance, administrative order, or court order, the terms of which are not completed, and, if the property is rental target housing, verification that the essential maintenance practices have been completed and that a current EMP compliance statement has been filed with the department.
(b) At a closing for the transfer of title of target housing, real estate agents and sellers shall provide the buyer with a lead‑safe renovation practices packet approved by the commissioner and shall disclose any assurance of discontinuance, administrative order, or court order not disclosed pursuant to subsection (a) of this section, the terms of which are not completed.
(c) No transfer of title of a rental target housing, building or unit may occur if the building or unit is currently the subject of an assurance of discontinuance, administrative order, or court order unless the assurance or order is amended in writing to transfer to the buyer all remaining obligations under the assurance or order.
(d) At the time of transfer of title of rental target housing the real estate agents and sellers shall provide the buyer with information explaining EMP obligations approved by the commissioner.
(e) A buyer of rental target housing who has purchased a building or unit that is not in full compliance with section 1759 of this title shall bring the target housing into compliance with section 1759 of this title within 60 days after the closing. Within the 60‑day period, the buyer may submit a written request for an extension of time for compliance, which the commissioner may grant in writing for a stated period of time for good cause only. Failure to comply with this subsection shall result in a mandatory civil penalty.
(f) This section shall not apply to target housing that has been certified lead free.
(g) Noncompliance with this section shall not affect marketability of title.
Sec. 20. 24 V.S.A. § 2291 is amended to read:
§ 2291. ENUMERATION OF POWERS
For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers:
* * *
(23) To enforce laws related to lead hazards pursuant to chapter 38 of Title 18, including requiring screening and testing of individuals, enforcing the use of safe work practices and essential maintenance practices. This subdivision confers no new authority to regulate firearms, ammunition, or shooting ranges or circumstances resulting from shooting, handling, storing, or reloading ammunition.
Sec. 21. GRANTS FOR LEAD HAZARD REDUCTION
The commissioner is authorized to secure grants from public and private sources and to receive and disburse funds that are assigned, donated, or bequeathed to the department to increase lead hazard reduction activities, to promote primary prevention of exposure to lead hazards, and to evaluate primary prevention programs in the state.
Sec. 22. CONSTRUCTION
Nothing in this act shall be construed to regulate firearms, ammunition, or shooting ranges or circumstances resulting from shooting, handling, storing, or reloading ammunition.
Sec. 23. EFFECTIVE DATE
This act shall take effect on July 1, 2007, except Sec. 17, relating to transfer of target housing, and the licensing requirement for lead‑safe renovators shall take effect on July 1, 2008.
HOUSE RULES COMMITTEE MEETING Wednesday, January 23, 2008, 4:00 p.m. Room 10
1. Change of jurisdiction of Agriculture committee to include Forestry matters
Wednesday, January 23, 2008 – 6:00 – 8:00 PM; Room 11 – Senate Committee on Judiciary – S. 238 Regulating Drugs: Marijuana; S. 250 Drug Trafficking
Tuesday, January 22, 2008, 2 PM – Governor’s Budget Message
Joint Public Hearing on Fiscal Year 2009 budget
Vermont Interactive Television
Monday, February 11, 2008, 4:30-7:00 p.m. – The House and Senate Appropriations Committees will hold a joint public hearing on Vermont Interactive Television (V.I.T.) to give Vermonters throughout the state an opportunity to express their views about the State budget for fiscal year 2009. All V.I.T. sites will be available for the hearing: Bennington, Brattleboro, Castleton, Johnson, Lyndonville, Middlebury, Montpelier, Newport, Randolph Center, Rutland, Springfield, St. Albans, Waterbury, White River Junction and Williston. V.I.T.’s web site at has an up-to-date location listing, including driving directions, addresses and telephone numbers.
For information about the format of this event, interested parties may call the House Appropriations Committee office at 802-828-2251.
Deadline for Introducing Bills
Pursuant to Rule 40(b) of the Rules and Orders of the Vermont House of Representatives, during the second year of the biennium, except with the prior consent of the Committee on Rules, no member may introduce a bill into the House drafted in standard form after the last day of January.
In order to meet this deadline all bills must be signed out with the Legislative Council no later than the close of business on Thursday, January 31, 2008.
Pursuant to Rule 40(c) during the second year of the biennium, except with the prior consent of the Committee on Rules, no committee, except the Committees on Appropriations, Ways and Means or Government Operations, may introduce a bill drafted in standard form after the last day of March. The Committees on Appropriations, Ways and Means bills may be drafted in standard form at any time, and Government Operations bills, pertaining to city and/or town charter changes, may be drafted in standard form at any time.
The Vermont General Assembly
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