Download this document in MS Word format


AutoFill Template

House Calendar

TUESDAY, FEBRUARY 26, 2008

50th DAY OF ADJOURNED SESSION

House Convenes at 10:00 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Action Postponed Until Tuesday, February 26, 2008

Pending Action: Second Reading

H. 135  Age for Participation in Corrections Education Program..................... 521

          Rep. Lenes for Institutions

Third Reading

H. 664  Relating to Unemployment Insurance................................................. 523

Committee Bills for Second Reading

H. 865  Relating to Vermont Milk Commission............................................... 523

          Rep. Malcolm for Agriculture

Favorable with Amendment

S. 351  Consolidating Management of Public Records.................................... 523

          Rep. Martin of Wolcott for Government Operations

          Rep. Hutchinson for Appropriations...................................................... 531

J.R.H. 53  Electronic Payment Interchange Rates Assessed........................... 532

          Rep. Marcotte for Commerce

Favorable

H. 432  Establishing Juneteenth National Freedom Day................................... 533

          Rep. Pearson for Government Operations

H. 775  Low-Profit Limited Liability Companies............................................. 533

          Rep. Consejo for Commerce

S. 257  Medicaid Coverage of Naturopathic Physicians.................................. 533

          Rep. Milkey for Health Care

Action Postponed Until Thursday, February 28, 2008

H. 864  Miscellaneous Amendments to Education Law................................... 533

 

NOTICE CALENDAR

Committee Bills for Second Reading

H. 867  Insurance Plan for Athletic Trainer Services....................................... 534

          Rep. Atkins for Government Operations

Favorable with Amendment

H. 352  Reducing Lead Hazards in Housing.................................................... 534

          Rep. Trombly for General, Housing and Military Affairs

          Rep. Mrowicki for Human Services...................................................... 559

Favorable

H. 709  An Act Relating to Campgrounds...................................................... 587

          Rep. Wright for General, Housing and Military Affairs

J.R.H. 45  Repeal Planned Competitive Loan Auction Pilot Program.............. 587

          Rep. Oxholm for Education

Senate Proposal of Amendment

H. 575    Small eligible telecommunications carriers......................................... 588




 

ORDERS OF THE DAY

ACTION CALENDAR

          Action Postponed Until Tuesday, February 26, 2008

Favorable with Amendment

H. 135

     An act relating to increasing the age for mandatory participation in the corrections systems education program.

Pending Action: Second Reading

Rep. Lenes of Shelburne, for the Committee on Institutions, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  28 V.S.A. § 120 is amended to read:

§ 120.  CORRECTIONS DEPARTMENT EDUCATION PROGRAM

COMMUNITY HIGH SCHOOL OF VERMONT; INDEPENDENT

SCHOOL

(a)  Authority. An education program is established There is created within the department of corrections an independent school to be known as the community high school of Vermont for the education of persons who have not completed secondary education and who are committed to the custody of the commissioner of corrections.

(b)  Applicability of education provisions.  The education program community high school shall be approved subject to approval by the state board of education as an independent school under 16 V.S.A. § 166,.  In addition, the school shall comply with the :

(1)  meet school quality standards provided by 16 V.S.A. § 165,;

(2)  offer a minimum course of study as defined in 16 V.S.A. § 906 at each correctional facility and department service center, except that it shall not be required to offer physical education; and shall

(3)  be coordinated with adult education, special education, and technical education services provided by other agencies or school districts funded by the state or federal government.

(c)  Program supervision.

(b)  The commissioner of corrections shall appoint an education supervisor, who shall be licensed as an administrator under 16 V.S.A. chapter 51, to coordinate and supervise the education program community high school of Vermont and coordinate use of other education programs by persons under the supervision of the commissioner.

(d)  Curriculum. The education program shall offer a minimum course of study, as defined in 16 V.S.A. § 906, at each correctional facility and department service center, but is not required to offer a driver training course or a physical educational course.

(e)  Commissioner of education’s designation of special education program. Notwithstanding any law to the contrary, the

(c)  The commissioner of education, in accordance with the provisions of 16 V.S.A. chapter 101 shall designate a program to provide for the special education of eligible persons who are under the custody of the commissioner of corrections.  Within the limits of funds made available for this specific purpose, the commissioner of education shall pay the costs of this program in excess of costs defined in subsection (g) of this section.

(f)  Reimbursement payments.  The provision of 16 V.S.A. § 4012, relating to payment for state-placed students, shall not apply to the corrections education program.

(g)  Annual budget.

(d)  Annually there shall be appropriated to the department the commissioner of corrections shall request that the general assembly appropriate an amount equal to the number of full-time equivalent students enrolled in the corrections department education program community high school of Vermont, multiplied by the average statewide per‑pupil cost of public school education in the preceding year.  That average cost shall be calculated to exclude debt service and transportation costs.  The annual appropriation shall be used to provide educational services to students enrolled in the community high school of Vermont.  The commissioner of education shall pay for allowable special education costs, as defined by the state board of education under 16 V.S.A. § 2963, in excess of the per-pupil cost calculated under this subsection.  

(h)  Required participation. 

(e)  All persons under the custody of the commissioner of corrections who are under the age of 23 26 and have not received a high school diploma shall participate in the an education program, unless exempted by the commissioner, as follows:

(1)  those who are younger than 22 years of age shall attend the community high school of Vermont;

(2)  those who are 22 years of age or older and who are incarcerated in a Vermont facility shall attend the community high school of Vermont;

(3)  those who are 22 years of age or older and who are not incarcerated shall either attend the community high school of Vermont or participate in another education program, such as a general education development program or a program operated by a public high school, approved by the commissioner; and

(4)  those who are 22 years of age or older and who are incarcerated in a facility outside Vermont shall participate in an education program, approved by the commissioner, which is available at the facility.

Sec. 2.  EFFECTIVE DATES; TRANSITIONAL PROVISIONS

This act shall take effect on July 1, 2008.  However, for school year

2008–2009, only persons who are under the age of 23 shall be required to participate in an education program pursuant to 28 V.S.A. § 120. 

(Committee vote: 10-0-1)

Third Reading

H. 664

     An act relating to unemployment insurance.

Committee Bills for Second Reading

H. 865

An act relating to Vermont Milk Commission.

(Rep. Malcolm of Pawlet will speak for the Committee on Agriculture.)

Favorable with Amendment

S. 351

An act relating to consolidating management of public records.

Rep. Martin of Wolcott, for the Committee on Government Operations, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  1 V.S.A. § 317a is added to read:

§ 317a.  DISPOSITION OF PUBLIC RECORDS

A custodian of public records shall not destroy, give away, sell, discard, or damage any record or records in his or her charge, unless specifically authorized by law or under a record schedule approved by the state archivist pursuant to subdivision 117(a)(5) of Title 3.

Sec. 2.  1 V.S.A. § 320 is amended to read:

§ 320.  PENALTIES

(a)  Whenever the court orders the production of any public agency records, improperly withheld from the complainant and assesses against the agency reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether the agency personnel acted arbitrarily or capriciously with respect to the withholding, the department of human resources if applicable to that employee, shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding.  The department, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his or her representative.  The administrative authority shall take the corrective action that the department recommends.

(b)  In the event of noncompliance with the order of the court, the superior court may punish for contempt the responsible employee or official, and in the case of a uniformed service, the responsible member.

(c)  A person who willfully destroys, gives away, sells, discards, or damages a public record without having authority so to do, shall be fined at least $50.00 but not more than $1,000.00 for each offense.

Sec. 3.  3 V.S.A. § 117 is amended to read:

§ 117.  PUBLICATION AND PRESERVATION OF STATE PAPERS
 VERMONT STATE ARCHIVES AND RECORDS
 ADMINISTRATION

(a)  As used in this chapter:

(1)  “Archival Records management” means the systematic identification and management of archival public records to assure their authenticity and accessibility from the creation to ultimate disposition.

(2)  “Archives” or “archival records” means public records, as defined in 1 V.S.A. § 317(b), which have continuing legal, administrative, or historic value.

(3)  “Identification” “Appraisal” means the identification, classification, and analysis and appraisal of all public records, regardless of physical form or characteristics, to determine their value and ultimate disposition, based upon their:

(A)  current administrative, legal, and fiscal use;

(B)  evidential and informational content;

(C)  arrangement and condition;

(D)  intrinsic value; and

(E)  relationship to other records.

(4)  “Public record” or “public document” means all papers, documents, machine readable materials, or any other written or recorded matters, regardless of their physical form or characteristics, that are produced or acquired in the course of agency business.  Individual salaries and benefits of and salary schedules relating to elected or appointed officials and employees of public agencies shall not be exempt from public inspection and copying.

(5)  “Record schedule” means a manual, directive, or policy containing descriptions of and disposition instructions for retention, access, and management of all public records or public documents. 

(b)  There is created within the office of the secretary of state the division of Vermont state archives and records administration which is charged with administering and implementing an archival a records management program for state government in accordance with professional archival practice records and information management practices and principles which shall be styled “the state archives and records administration program.”  The secretary shall have legal custody of the state’s archival records.

(c)  The secretary shall adopt policies and procedures necessary to carry out the provisions of this section and shall report annually to the governor and the general assembly on the state archives and records administration program.

(d)  The secretary may appoint an archives advisory committee to provide assistance and support for the state archives and records administration program.

(e)  The secretary may adopt rules consistent with this chapter section.

(f)  There shall be a director of the division of Vermont state archives and records administration who shall have the title of “state archivist,” and who shall be qualified by education and professional experience to perform the duties of the office.  The state archivist shall be a classified position within the office of secretary of state.

(g)  In fulfilling the duties of the state archives and records administration program, the state archivist shall:

(1)  coordinate with the commissioner of buildings and general services for compliance with section 218 of this title and sections 453 and 454 of Title 22 to identify, schedule, and manage all public records with archival value;

(2)  establish and administer an archival a records management program for the application of effective and efficient methods to the creation, utilization, maintenance, reformatting, retention, destruction, and preservation of state archival public records;

(3)(2)  cooperate with the heads of state agencies or public bodies to establish and maintain a program for the identification appraisal and scheduling, and preservation of archival of public records;

(4)(3)  analyze, develop, establish, and coordinate standards, procedures, and techniques for the creation of, preservation of, and access to archival public records;

(5)  analyze and identify archival records in state agencies;

(6)  cooperate with the commissioner of buildings and general services in the development of comprehensive records retention and disposition schedules that identify archival records;

(7)(4)  take custody of archival records with the approval of their originating agency in accordance with record schedules approved by the state archivist;

(5)  maintain a record center to hold inactive records in accordance with approved records schedules approved by the state archivist;

(6)  administer a central reformatting program for public records, including land records in the possession of municipal or county officers.  Public records that are microfilmed, electronically captured, or otherwise reformatted shall be taken and received in all courts, public offices, and official bodies as prima facie evidence;

(8)(7)  arrange, describe, and preserve archival records, and promote their use by government officials, educators, historians, and the public through the secretary of state’s website or other publication, or both;

(9)(8)  permit the public to inspect, examine, and study the archives, provided that any record placed in the keeping of the office of the secretary of state under special terms or conditions of law restricting their use shall be made accessible only in accord with those terms and conditions;

(10)(9)  cooperate with and assist to the extent practicable state institutions, departments, agencies, municipalities, and other political subdivisions and individuals engaged in the activities in the field of public records, archives, manuscripts, and history;

(10)  accept for filing copies of land records submitted in microfilm, electronic media, or similar compressed form by municipal or county clerks;

(11)  provide advice, assistance, and consultation to state agencies, political subdivisions, historical agencies, libraries, and other Vermont organizations on the effective management of archival records; receive grants, gifts, aid, or assistance, of any kind, from any source, public or private, for the purpose of managing or publishing public records; and

(12)  serve on the Vermont historical records advisory board, as described in 44 U.S.C. § 2104, to encourage systematic documentation in Vermont and the collecting of archival records; and

(13)  publish or otherwise exhibit and promote those archival records are judged to be of publishable value.

(h)  Each volume published under the provisions of this section shall be called state papers of Vermont and numbered consecutively after the last volume of that title printed and published under the authority of No. 259 of the Acts of 1912 and shall be evidence in court and shall have the same force as the original documents.

(i)  All volumes printed under authority of this section shall be delivered to the state librarian who shall deliver one copy to such elective and appointive state officers and such town and county clerks and such local historical societies and to each public high school and college library in the state, and to the library of each private school acting as a public high school as shall request it in writing for the permanent files of their offices.  The state librarian shall also furnish four copies to the Vermont historical society.  The remaining volumes shall be disposed of by the state librarian through liberal exchanges with other libraries and institutions or through sale at such prices as the state librarian shall establish.

(j)  All volumes of the state papers of Vermont, published under authority of this or any other previous law, shall be evidence in court and shall have the same force as the original documents.

Sec. 4.  3 V.S.A. § 218 is amended to read:

§ 218.  AGENCY/DEPARTMENT RECORDS MANAGEMENT PROGRAM

(a)  The general assembly finds that public records are essential to the administration of state and local government.  Public records contain information which allows government programs to function, provides officials with a basis for making decisions, and ensures continuity with past operations. Public records document the legal responsibilities of government, help protect the rights of citizens, and provide citizens a means of monitoring government programs and measuring the performance of public officials.  Public records provide documentation for the functioning of government and for the retrospective analysis of the development of Vermont government and the impact of programs on citizens.  Public records in general and archival records in particular need to be systematically managed to preserve their legal, historic, and informational value, to provide ready access to vital information, and to promote the efficient and economical operation of government.

(b)  The head of each state agency or department shall establish, maintain, and implement an active and continuing program approved by the commissioner of buildings and general services with respect to public records, and the secretary of state with respect to archival records, Vermont state archives and records administration for the effective management, preservation, and disposition of records, regardless of their physical form or characteristics, for which that head is responsible.

(c)  For an agency or department records program to be approved by the commissioner of buildings and general services with respect to public records, and the secretary of state with respect to archival records Vermont state archives and records administration, the head of each state agency or department shall:

* * *

(5)  establish and maintain other records related to management of the agency’s or department’s records as required by the director of public records or the state archivist Vermont state archives and records administration;

(6)  provide for furnishing to the division of public records and state archives, such special reports regarding the records of the agency or department as the department of buildings and general services or the secretary of state Vermont state archives and records administration may deem necessary;

(7)  process, store, and preserve records kept by the agency or department in an efficient and economical manner;

(8)  where practicable, consolidate or eliminate existing records of the agency or department and control the creation of new records; and

(9)  maintain the records of the agency or department in a manner that permits the prompt and orderly removal of records authorized for destruction; and

(10)  implement and sustain a record schedule in accordance with requirements established by the Vermont state archives and records administration under section 117 of this title and the department of information and innovation under subdivision 2222(a)(10) of this title.

(d)  The head of each state agency or department shall designate a member of his or her staff as the records officer for his or her agency or department and shall notify the department of buildings and general services Vermont state archives and records administration in writing of the name and title of the person designated.

(e)  The Vermont state archives and records administration shall approve all agency record schedules, as defined by section 117 of this title, unless set forth in a general record schedule issued by the Vermont state archives and records administration.  Authorizations by the public records advisory board regarding the disposition of public records shall remain in effect until superseded by a record schedule issued or approved by the Vermont state archives and records administration.

Sec. 5.  REPEAL

22 V.S.A. chapter 11 (commissioner of buildings and general services authority to manage public records) is repealed.

Sec. 6.  2 V.S.A. § 752(b) is amended to read:

(b)  The committee shall prepare, adopt, and maintain a long-range plan of at least five years for information technology operations and services in the legislative branch.  The plan shall analyze the costs and benefits and risk management aspects of maintaining authentic and accessible legislative records as required by Vermont law.  In the preparation of the plan, the committee shall consult with members of the general assembly, the legislative staff information systems team established by section 753 of this title, and other legislative staff, the state archivist, the commissioner of buildings and general services, other representatives of the executive and judicial branches of state government, and members of the public.  The committee shall provide the house and senate committees on government operations with copies of the plan and any amendment to the plan.

Sec. 7.  18 V.S.A. § 5002 is amended to read:

§ 5002.  RETURNS; TABLES

The health commissioner shall prepare from the returns of births, marriages, civil unions, deaths, fetal deaths, and divorces required by law to be transmitted to the commissioner such tables and append thereto such recommendations as he or she deems proper, and during the month of July in each even year, shall cause the same to be published as directed by the board.  The commissioner shall file and preserve all such returns.  The commissioner shall periodically transmit the original returns or photostatic or photographic copies to the director of public records state archivist who shall keep the returns, or photostatic or photographic copies of the returns, on file for use by the public.  The commissioner and the director of public records state archivist shall each, independently of the other, have power to issue certified copies of such records.

Sec. 8.  18 V.S.A. § 5008 is amended to read:

§ 5008.  TOWN CLERK; RECORDING AND INDEXING PROCEDURES

A town clerk shall file for record and index in volumes all certificates and permits received in a manner prescribed by the public records director state archivist.  Each volume or series shall contain an alphabetical index.  Marriage certificates shall be filed for record in one volume or series, civil unions in another, birth certificates in another, and death certificates and burial-transit and removal permits in another.  However, in a town having less than 500 inhabitants, the town clerk may cause marriage, civil union, birth and death certificates, and burial-transit and removal permits to be filed for record in one volume, provided that none of such volumes shall contain more than 250 certificates and permits.  All volumes shall be maintained in the town clerk’s office as permanent records.

Sec. 9.  18 V.S.A. § 5148 is amended to read:

§ 5148.  EVIDENCE OF MARRIAGE

A copy of the record of the marriage made by a person required by law at the time the marriage was solemnized, to make and keep the record certified by such person, or by the town or county clerk or the commissioner of health or the director of public records state archivist, if the record is in his or her office, shall be in all courts presumptive evidence of the fact of such marriage.

Sec. 10.  18 V.S.A. § 5167 is amended to read:

§ 5167.  EVIDENCE OF CIVIL UNION

A copy of the record of the civil union received from the town or county clerk, the commissioner of health or the director of public records state archivist shall be presumptive evidence of the civil union in all courts.

Sec. 11.  24 V.S.A. § 1161 is amended to read:

§ 1161.  GENERAL INDEX

(a)(1)  A town clerk shall keep a general index of transactions affecting the title to real estate wherein he or she shall enter in one column, in alphabetical order, the name of the grantor to the grantee and, in a parallel column, the name of the grantee from the grantor, of every deed, conveyance, mortgage, lease or other instrument affecting the title to real estate, and each writ of attachment, notice of lien or other instrument evidencing or giving notice of an encumbrance on real estate which is filed or recorded in the town clerk’s office, with the name of the book, volume, or other manner of recording and the page of record in the following form:

* * *

(2)  If the instrument is executed on behalf of, or to convey the interest of another party, the same shall be indexed in the name of the other party as grantor.  In case the instrument is executed by more than one grantor and to more than one grantee, the name of each grantor and each grantee shall be indexed.  When the party is a natural person the name shall be indexed under the first letter of such person’s surname, and when the party is a corporation the name shall be indexed under the first letter of the first word of its name disregarding articles and initials.  For purposes of this section, a defendant against whose property a writ of attachment is filed or a person against whose property a lien is asserted, shall be considered a grantor, and a plaintiff filing a writ, or a person asserting a lien shall be considered a grantee.  Land plats filed in the office shall be indexed in such manner as the public records director state archivist shall by rule prescribe.  The general index may be kept electronically.

* * *

Sec. 12.  TRANSFER AND FUNDS AND POSITIONS

All employees, positions, and equipment and the remaining balances of the appropriation for public records are transferred from the department of buildings and general services to the office of the secretary of state.  The department of buildings and general services’ vital records special fund and the department of buildings and general services’ public records special fund along with monies in them shall be transferred to the office of the secretary of state and renamed the vital records special fund and public records special fund.

(Committee vote: 10-0-1)

Rep. Hutchinson of Randolph, for the Committee on Appropriations, recommends the bill ought to pass in concurrence when amended as recommended by the Committee on Government Operations.

(Committee vote: 11-0-0)

(No Senate  Amendments )

J. R. H. 53

     Joint resolution urging Congress to address the dramatic rise of electronic payment interchange rates that merchants and consumer are assessed.

Rep. Marcotte of Coventry, for the Committee on Commerce, recommends that the resolution be amended by striking the resolution in its entirety and inserting in lieu thereof the following:

Joint resolution urging Congress to address the detrimental rise of credit and debit-card-related fees and interest rates 

Whereas, consumers are increasingly using credit and debit cards to purchase goods and services, and nationally, these purchases now exceed the annual number of check transactions, and

Whereas, merchants accepting credit and debit card payments are required to pay interchange fees to banks and credit card providers, and

Whereas, the rules governing interchange fees may only be released to merchants on a restricted basis, and any disclosure to consumers is prohibited, and

Whereas, the billing statements that both third party providers and credit card companies produce are excessively complex, and

Whereas, the interchange fees are ultimately passed to the consumers, including those who pay with cash or a check and who, in effect, subsidize rewards given to credit card customers, and

Whereas, it is not unusual for the interchange fees to exceed the profit margins of the merchant, and

Whereas, traditional economic models are not applicable because Visa and MasterCard are responsible for approximately 80 percent of all credit card transactions, and

Whereas, small businesses struggle to absorb the constant increases in the cost of accepting electronic payments, and

Whereas, the number of rewards cards encouraging credit card purchases is rapidly increasing, and the new rewards cards are more costly for both merchants and consumers, and

Whereas, parallel with the increase in interchange fees, and costs related to reward cards, is the dramatic rise in the interest fees that consumers pay to maintain their credit cards, and

Whereas, the interest rates charged to an increasing number of consumers have reached the 25-percent level, a rate that is extremely burdensome, and

Whereas, these extremely high interest rates are having a significant economic impact on Vermont consumers and merchants, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress to address this acute situation, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Vermont Congressional Delegation.

(Committee vote: 10-0-1)

(For text see House Journal 2/14/08 – P. 264)

Favorable

H. 432

     An act relating to establishing Juneteenth National Freedom Day.

Rep. Pearson of Burlington, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 9-0-2)

H. 775

     An act relating to low-profit limited liability companies.

Rep. Consejo of Sheldon, for the Committee on Commerce, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

S. 257

An act relating to Medicaid coverage of naturopathic physicians.

Rep. Milkey of Brattleboro, for the Committee on Health Care, recommends that the bill ought to pass in concurrence.

(Committee Vote: 11-0-0)

No Senate Amendments

Action Postponed Until Thursday, February 28, 2008

H. 864

An act relating to making miscellaneous amendments to education law.

Pending Action: Second Reading

 

 

 

 

NOTICE CALENDAR

Committee Bill for Second Reading

H. 867

An act relating to health insurance plan coverage for athletic trainer services.

(Rep. Atkins of Winooski will speak for the Committee on Government Operations.)

Favorable with Amendment

H. 352

     An act relating to reducing lead hazards in housing.

Rep. Trombly of Grand Isle, for the Committee on General, Housing and Military Affairs, recommends 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

(a)  Words 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:

(A)  the 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 .

(B)  all All preparation, cleanup, disposal, and post‑abatement clearance testing activities associated with such measures.

(2)  “Certified 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.

(4)  “Commissioner” 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:

(A)  a single‑family dwelling, A detached family residential unit including attached structures such as porches and stoops; or.

(B)  a 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 persons.

(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.

(9)  “Independent dust clearance” means a visual examination and collection of environmental 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.

(12)  “Lead 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.

(13)  “Lead‑based 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.

(14)(15)  “Lead‑based 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.

(16)  “Lead 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:

(A)  Has legal title to any dwelling or dwelling unit or child care facility with or without accompanying actual possession thereof; or of the property.

(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.

(C)  For 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 property.

(D)  A 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   participation rights of a financial institution used for legitimate commercial purposes in making or servicing the loan.

(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 commissioner.

(23)  “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 OF
  ENVIRONMENTAL LEAD INSPECTORS AND LEAD
  CONTRACTORS, SUPERVISORS AND WORKERS

(a)  No 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.

(b)  The 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.

(c)  The commissioner shall 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.

(d)  After 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.

(e)  Nothing in this chapter shall be construed to limit the authority of the secretary, the commissioner of health, the commissioner of labor, or the commissioner of environmental conservation under the provisions of any other law.  

Sec. 4.  18 V.S.A. § 1754 is amended to read:

§ 1754.  PUBLIC EDUCATION

(a)  Beginning 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.

(b)  The commissioner shall prepare an appropriate media campaign to educate the public on lead poisoning prevention.  The commissioner shall encourage professional property managers, 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. 5.  18 V.S.A. § 1755 is amended to read:

§ 1755.  UNIVERSAL ACCESS TO SCREENING

(a)  Not 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.

(b)  Not 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 guidelines,:

(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 familiesAll 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. 6.  18 V.S.A. § 1756 is amended to read:

§ 1756.  ANNUAL REPORT 

(a)  The 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 reduction.

(b)  The commissioner shall 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 include:

(1)  The number and percentage of children under the age of six who have been screened and tested for lead poisoning had a confirmation test, and the number found to have lead poisoning at various blood lead levels of those children.

(2)  Estimates 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. 7.  18 V.S.A. § 1757 is amended to read:

§ 1757.  LEAD POISONED CHILDREN

(a)  Upon 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.

(2)  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.

(d)  Concerning 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 year.

(e)  Nothing in this section shall be construed to limit the commissioner’s authority under any other provision of Vermont law.

Sec. 8.  18 V.S.A. § 1758 is amended to read:

§ 1758.  HOUSING REGISTRY LEAD HAZARD DATA

(a)  The department shall 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.

(b)  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. 9.  18 V.S.A. § 1759 is amended to read:

§ 1759.  ESSENTIAL MAINTENANCE PRACTICES

(a)  For 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:

(1)  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 department.

(2)  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 withThe owner shall file the affidavit

(2)  File 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 tenantsAnnually, 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. 10.  18 V.S.A. § 1760 is amended to read:

§ 1760.  CERTIFICATION; 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 children.

(2)  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 risk.

(c)  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. 11.  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. 12.  18 V.S.A. § 1761 is amended to read:

§ 1761.  DUTY OF REASONABLE CARE; NEGLIGENCE; LIABILITY

(a)  Owners of target housing and owners of child care facilities shall take reasonable care to prevent exposure to, and the creation of, lead‑based paint 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.

(b)  Any 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 equitable relief.

(c)  A 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

(3)  the owner created lead‑based paint lead hazards during renovation, remodeling, maintenance, or repair after the certification; or

(4)  the owner failed to respond in a timely fashion to notification that lead‑based 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. 13.  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:

(1)  performs essential Essential maintenance practices as required by section 1759 of this title; and .

(2)  fully 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.

(b)  The immunity provided in subsection (a) of this section shall expire 365 days after the secured lender or fiduciary takes full legal title.

(c)  A 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 estate.

Sec. 14.  18 V.S.A. § 1763 is amended to read:

§ 1763.  PUBLIC FINANCIAL ASSISTANCE; RENTAL TARGET
HOUSING AND CHILD CARE FACILITIES

Every state 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 lead‑based 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. 15.  18 V.S.A. § 1764 is amended to read:

§ 1764.  LEAD INSPECTORS; FINANCIAL RESPONSIBILITY FOR LEAD HAZARD CONTROL ACTIVITIES

The commissioner may require that a registrant, licensee, or an applicant for a registration or license under section 1752(d) 1752 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. 16.  18 V.S.A. § 1765 is amended to read:

§ 1765.  LIABILITY INSURANCE

(a)  If the commissioner of banking, insurance, securities, and health care administration determines that 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. 17.  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. 18.  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. 19.  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. 20.  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 section 18, relating to transfer of target housing, and the licensing requirement for lead safe renovators shall take effect on July 1, 2008.

(Committee vote: 7-0-1)

Rep. Mrowicki of Putney, for the Committee on Human Services, recommends 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, including decreases in I.Q.

(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 from ten to five micrograms of lead per deciliter the blood lead level that triggers educational outreach.

(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.  In 2006, 2.7 percent of all Vermont children under the age of six who received lead screening–or approximately 250 children–had blood lead levels at or above ten micrograms per deciliter.  Approximately 20 percent or nearly 2,000 of all children under the age of six 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 existing lead law, which has been in place since 1996, attempts to prevent exposing children to lead in rental housing and child care facilities by requiring that EMP be performed in nearly all rental housing units and child care facilities built prior to 1978.  Even though 40 percent of children with blood lead levels above 20 micrograms per deciliter live in owner-occupied housing, the primary provisions under current law that attempt to prevent elevated blood lead levels in children in owner‑occupied housing are related to public awareness.

(7)  The intent of this act is to decrease Vermonters’ exposure to lead in pre-1978 housing and child care facilities.  This act does not address lead in other consumer products, in ammunition, or at shooting ranges.

Sec. 2.  18 V.S.A. § 1751 is amended to read:

§ 1751.  DEFINITIONS

(a)  Words 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:

(A)  the 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 .

(B)  all All preparation, cleanup, disposal, and post‑abatement clearance testing activities associated with such measures.

(2)  “Certified 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, except where specified as a child or children six years of age or younger.

(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.

(4)  “Commissioner” means the commissioner of the department of health.

(5)  “Comprehensive environmental lead inspection” or “inspection” means a surface‑by‑surface investigation to determine the presence of lead‑based paint and the provision of a report explaining the results of the investigation.

(6)  “Department” means the department of health.

(7)  “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)(5)  “Dwelling” means either of the following:

(A)  a single‑family dwelling, A detached family residential unit including attached structures such as porches and stoops; or.

(B)  a 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 persons.

(6)  “Elevated blood lead level” means having a blood lead level of at least five micrograms per deciliter of human blood, or a lower threshold as determined by the commissioner.

(7)  “EMP” means essential maintenance practices required by section 1759 of this title.

(9)(8)  “Independent dust clearance” means a visual examination and collection of environmental samples, including dust samples, by a licensed inspector in whose firm or corporation lead inspector or lead assessor who has no financial interest in either the work being performed or the owner of the property to be inspected has no financial interest, and is independent of both the persons performing the work and the owner of the property.  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.

(9)  “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.

(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.

(12)  “Lead 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.

(13)  “Lead‑based 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.

(14)(15)  “Lead‑based 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.

(16)  “Lead 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:

(A)  Has legal title to any dwelling or dwelling unit or child care facility with or without accompanying actual possession thereof; or of the property.

(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.

(C)  For 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 property.

(D)  A 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   participation rights of a financial institution used for legitimate commercial purposes in making or servicing the loan.

(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 of age or younger, 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 commissioner.

(23)  “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 OF
  ENVIRONMENTAL LEAD INSPECTORS AND LEAD
  CONTRACTORS, SUPERVISORS AND WORKERS

(a)  No 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.

(b)  The 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 approved EMP training program for lead hazard control.

(c)  The commissioner shall certify risk assessors, designers, issue registrations and licenses to laboratories, inspectors, lead-safe renovation contractors, 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.

(d)  After the adoption of rules pursuant to subsection (b) of this section Except as provided in subsection 1760(c) of this title, 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.

(e)  Nothing in this chapter shall be construed to limit the authority of the secretary, the commissioner of health, the commissioner of labor, or the commissioner of environmental conservation under the provisions of any other law. 

Sec. 4.  18 V.S.A. § 1753 is amended to read:

§ 1753.  ACCREDITATION, REGISTRATION, CERTIFICATION, 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:

Training courses = $480.00 per year

Lead contractors = $600.00 per year

Lead workers = $60.00 per year

Supervisors Lead supervisors = $120.00 per year

Inspectors Lead inspectors = $180.00 per year

Risk assessors Lead risk assessors = $180.00 per year

Designers Lead designers = $180.00 per year

Laboratories = $600.00 per year

Lead-safe renovation contractors Lead‑safe renovators = $50.00 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

(a)  Beginning 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 importance of parents to have having 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.

(b)  The commissioner shall prepare an appropriate media campaign to educate the public on lead poisoning the prevention of elevated blood lead levels.  To the extent resources permit, educational outreach efforts shall include public service announcements, education through community access channels, direct mailings to homeowners, postings in public places, or other methods that cost effectively communicate this information to the broad public.  The commissioner shall encourage professional property managers, 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 ACCESS TO SCREENING

(a)  Not 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 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 elevated blood lead poisoning levels, 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.

(b)  Not 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 guidelines,:

(1)  Screen for lead, or refer for lead screening, all children one or two years of age unless the parent or guardian of the child refuses to consent.

(2)  Conduct, or refer for, a confirmation test of blood lead levels by venous draw for any child whose screening result is ten micrograms of lead per deciliter of blood or more.

(3)  The requirements of subdivisions (1) and (2) of this subsection, including the blood lead level at which a confirmation test may be required, may be amended by the commissioner by rule to allow for the most effective methods and timing of screening and testing according to scientific studies and according to the guidelines and recommendations referenced in subsection (a) of this section, provided the rules are consistent with the requirements of those subdivisions.

(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 all information required by the department to the department such information as 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 immediately by telephone if the result of any analysis is 45 micrograms or more of lead per deciliter of blood, or by electronic means within 14 days of analysis if the result of the analysis is less than 45 micrograms of lead per deciliter of blood.  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)(d)  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.  No health care provider shall be liable for the refusal of a parent or guardian to consent to have a child screened or have a confirmation test of blood lead level, or for a parent’s or guardian’s failure to follow through with a referral for a screening or confirmation test.

Sec. 7.  18 V.S.A. § 1756 is amended to read:

§ 1756.  ANNUAL REPORT 

(a)  The 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 reduction.

(b)  The commissioner shall 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 include:

(1)  The For each age group for children six years of age or younger, the number and percentage of children under the age of six who have been screened and tested for lead poisoning had a confirmation test, and the number found to have lead poisoning  results of those tests at various blood lead levels.

(2)  Estimates 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 of age or younger.

(3)  The number of children over the age of six and adults who have had a lead screen or a confirmation test and the number at various blood lead levels.

(4)  An analysis of current data related to studies on the health risks associated with elevated blood lead levels, as well as any information on technological advances related to the prevention of elevated blood lead levels.

(5)  A description of the department’s activities relating to inspections and plans to address sources of lead for children with a confirmed blood lead level at or above ten micrograms of lead per deciliter of blood.  The report shall include the number and percentage of homes inspected and plans developed relative to the number of children with a confirmed blood lead level at or above ten micrograms of lead per deciliter of blood reported to the department and, if that percentage is less than 80, an explanation of the barriers to and efforts of the department to achieve that level.

(6)  The number of annual EMP compliance certifications filed with the department and the number and percentage of child care facilities which the department for children and families, child development division, has identified as having completed EMP or lead hazard control measures pursuant to subsection 1758(c) of this title.

(7)  Findings as required under subsection 1766(c) of this title relative to the lead hazard education and cleanup fund.

(8)  A description of the department’s public education and outreach efforts pursuant to section 1754 of this title, including monies spent and persons and geographical areas targeted.

(9)  An analysis of historical trends related to:  the prevalence of elevated blood lead levels; the filing of EMP compliance certifications; spending on public education programs; and the number, nature, and outcome of enforcement actions.

(10)  The commissioner’s recommendations for action. 

(11)  The commissioner’s 2009 report to the general assembly shall include:  an analysis of provider reimbursement rates for blood lead level screenings and confirmation tests under the Medicaid program and under the primary, private health insurance programs offered to Vermont residents; in consultation with the office of Vermont health access, a cost estimate for full Medicaid reimbursement; and, in consultation with the department of banking, insurance, securities, and health care administration, a cost estimate for a private insurance mandate related to screenings and confirmation tests for all one- and two-year olds. 

Sec. 8.  COMMISSIONER’S RECOMMENDATION REGARDING MANDATORY SCREENINGS AND CONFIRMATION TESTS

By January 15, 2009, the commissioner of health shall submit to the house committee on human services and the senate committee on health and welfare a letter containing a recommendation on whether screenings and confirmation tests should be mandatory, as provided in subsection 1755(b) of this title.  Any proposed recommendation by the commissioner shall not be effective unless enacted by the general assembly.

Sec. 9.  18 V.S.A. § 1756a is added to read:

§ 1756a.  SPECIAL REPORT ON INSPECTIONS

In any fiscal year in which the commissioner does not conduct inspections and develop plans to address sources of lead exposure for at least 80 percent of all children six years of age or younger with a confirmed blood lead level at or above ten micrograms of lead per deciliter of blood, the commissioner shall submit to the general assembly by October 15 a report detailing the barriers to and efforts of the department to achieve that level.

Sec. 10.  18 V.S.A. § 1757 is amended to read:

§ 1757.  LEAD POISONED CHILDREN WITH ELEVATED BLOOD LEAD LEVELS

(a)  Upon 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.

(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 a child six years of age or younger 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 facility the child attends, by a state inspector or licensed private inspector lead risk assessor, and develop a plan 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.

(2)  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 years of age or younger occupies, receives care, or otherwise regularly frequents the other dwelling units in that building.

(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.

(d)  Concerning 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. 

(e)  Nothing in this section shall be construed to limit the commissioner’s authority under any other provision of Vermont law.

Sec. 11.  18 V.S.A. § 1758 is amended to read:

§ 1758.  HOUSING REGISTRY LEAD HAZARD DATA

(a)  The department shall 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 EMP, lead‑safe renovation, and any other lead hazard training program authorized by the department.

(b)  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 EMP or lead hazard control measures and provide the findings percentage of all child care facilities that the number represents to the department annually by September 1 for the previous fiscal year.

Sec. 12.  18 V.S.A. § 1759 is amended to read:

§ 1759.  Essential maintenance practices

(a)  For the purposes of this section, all paint is presumed to be lead‑based unless a certified inspector has determined that it is not lead‑based.  All owners of rental target housing and child care facilities shall perform the Essential maintenance practices (EMP) 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 EMP 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:

(1)  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 department.

(2)  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 dwelling 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 clearly restricted.

(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 such children will not come into contact with the deteriorated lead‑based paint.

(5)  For any outdoor area frequented in warm weather by children six years of age or younger, 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 EMP 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 EMP 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 withThe owner shall file the affidavit

(2)  File 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 tenantsAnnually, 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. 13.  18 V.S.A. § 1760 is amended to read:

§ 1760.  CERTIFICATION; 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 children.

(2)  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 risk.

(c)  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)  All paint in target housing and child care facilities is presumed to be lead‑based unless a lead inspector or lead risk assessor has determined that it is not lead‑based.  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)  No person shall disturb more than one square foot of lead‑based paint using unsafe work practices in rental target housing or in child care facilities. 

(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:

(1)  holds a current registration or license issued by the department applicable to the work to be performed;

(2)  performs work that only infrequently and incidentally involves the disturbance of lead-based paint; or

(3)  performs no more than one project that involves the disturbance of lead-based paint in an owner-occupied, single-family dwelling.

(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.

(e)  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 the unsafe activity 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.

Sec. 14.  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 any resident of an affected unit, any other person directly affected by the order, and to the attorney general.  An order shall be effective upon receipt by the respondent unless stayed by court order, and shall provide for compliance within a reasonable amount of time depending on the number and severity of the violations.  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 the order is effective upon receipt by the respondent unless stayed by court order.

(5)  The amount of any administrative penalty.

(6)  Suspension of registration, certification, or licensure issued under this chapter, 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 in accordance with section 130 of this title.  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 extent of the violator’s knowledge of the violation.

(3)  The confirmed elevated blood lead level of the child who occupies or regularly frequents the property.

(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, in the discretion of the commissioner, a payment may be made by the respondent to the lead hazard education and cleanup fund.  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 the procedures set out in 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 and possible assessment of civil penalties pursuant to subsections (b) and (c) of this section.

(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. 15.  18 V.S.A. § 1761 is amended to read:

§ 1761.  DUTY OF REASONABLE CARE; NEGLIGENCE; LIABILITY

(a)  Owners of target housing and owners of child care facilities shall take reasonable care to prevent exposure to, and the creation of, lead‑based paint 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 EMP, may be admissible evidence of reasonable care or negligence.

(b)  Any 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 all other appropriate equitable relief.

(c)  A 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 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 the Vermont regulations for lead control, that all 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 has passed an independent dust clearance test, 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.  The lead risk assessor shall determine the time period of the certification and any special conditions.

This immunity does not apply if:

(1)  there was fraud in the certification process; or

(2)  the owner violated conditions of the certification; or

(3)  the owner created lead‑based paint lead hazards during renovation, remodeling, maintenance, or repair after the certification; or

(4)  the owner failed to respond in a timely fashion to notification that lead‑based 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 is determined to be responsible, in whole or in part, for the child’s blood lead level.

(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)(1)  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 except that, if a child under the age of six years of age or younger who occupies or regularly frequents the dwelling is lead poisoned as defined in subdivision 1751(b)(16) of this title has a confirmed blood lead level at or above ten micrograms of lead per deciliter, this presumption shall be rebuttable, not conclusive

     (2)  Notwithstanding the provisions of subdivision (1) of this subsection, in an action brought under 9 V.S.A. § 4458 while the landlord is in compliance with a plan required by section 1757(c) of this title or during the time period of the certification under subsection (c) of this section, such compliance or certification shall create a conclusive, non-rebuttable presumption of habitability with respect to lead‑based paint hazards. 

     (3)  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. 16.  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:

(1)  performs essential maintenance practices EMP as required by section 1759 of this title; and .

(2)  fully 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.

(b)  The immunity provided in subsection (a) of this section shall expire 365 days after the secured lender or fiduciary takes full legal title.

(c)  A 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 estate.

Sec. 17.  18 V.S.A. § 1763 is amended to read:

§ 1763.  PUBLIC FINANCIAL ASSISTANCE; RENTAL TARGET
HOUSING AND CHILD CARE FACILITIES

Every state 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 lead‑based 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 six years of age or younger 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. 18.  18 V.S.A. § 1764 is amended to read:

§ 1764.  LEAD INSPECTORS; FINANCIAL RESPONSIBILITY FOR LEAD HAZARD CONTROL ACTIVITIES

The commissioner may require that a registrant, licensee, or an applicant for a registration or license under section 1752(d) 1752 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. 19.  18 V.S.A. § 1765 is amended to read:

§ 1765.  LIABILITY INSURANCE

(a)  If the commissioner of banking, insurance, securities, and health care administration determines that 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. 20.  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’s 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 EMP 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)  Annually, by September 1, 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 for the previous fiscal year, 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 their findings shall be included in the annual report required under section 1756 of this title. 

Sec. 21.  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 materials approved by the commissioner, including a lead paint hazard brochure, materials on other lead hazards in housing, and a disclosure form.  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 EMP 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, sellers, and other transferors shall provide the buyer or transferee with any materials delineated in subsection (a) of this section not previously disclosed and 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 or other transferee all remaining obligations under the assurance or order. 

(d)  At the time of any transfer of title of rental target housing the real estate agents, sellers, and other transferors of title shall provide the buyer or transferee with information approved by the commissioner explaining EMP obligations. 

(e)  A buyer or other transferee of title to rental target housing who has purchased or received 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 or transferee 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. 22.  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 EMP.  This subdivision confers no new authority to regulate firearms, ammunition, or shooting ranges or circumstances resulting from shooting, handling, storing, or casting and reloading ammunition.

Sec. 23.  GRANTS FOR LEAD HAZARD REDUCTION

The commissioner of health 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. 24.  CONSTRUCTION

Nothing in this act shall be construed to regulate firearms, ammunition, or shooting ranges or circumstances resulting from shooting, handling, storing, or casting and reloading ammunition.

Sec. 25.  SUNSET

Section 1756 of Title 18, requiring the commissioner of health to file an annual report related to lead in housing, shall be repealed on October 16, 2014.

Sec. 26.  EFFECTIVE DATE

This act shall take effect on July 1, 2008, except:

(1)  Sec. 6, subsection 1755(b) of Title 18, relating to mandatory screenings and confirmation tests; Sec. 13, subsection 1760(c) of Title 18, only as it relates to unsafe work practices in owner-occupied housing by hired persons; and Sec. 21, relating to transfer of target housing, shall take effect on July 1, 2009; and

(2)  Sec. 9, relating to a special report on inspections, shall take effect on October 16, 2014.

(Committee vote: 9-2-0)

Favorable

H. 709

     An act relating to campgrounds.

Rep. Wright of Burlington, for the Committee on General, Housing and Military Affairs, recommends the bill ought to pass.

( Committee Vote: 7-0-1)

J. R. H. 45

     Joint resolution urging Congress to repeal the planned Competitive Loan Auction Pilot program for the Federal Family Education Loan program’s PLUS LOANS to parents.

Rep. Oxholm of Vergennes, for the Committee on Education, recommends the resolution ought to be adopted.

(Committee vote: 8-0-3)

 

Senate Proposal of Amendment

H. 575

An act relating to small eligible telecommunications carriers;

     The Senate proposes to the House to amend the bill in Sec. 1, 30 V.S.A. §227d(b)(4), by striking out the second sentence in its entirety.

(For House amendments see House Journal 1/31/08, pp. 109-111.)

PUBLIC HEARINGS

     Thursday, March 11, 2008, Room 11 – 6 – 8 PM,  House Committee on Ways and Means – H. 866 & H. 869 – Local Affordability Education Formula (LEAF)



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us