§ 42-128.1-5 - Housing resources commission – Powers and duties with respect to lead hazard mitigation.
SECTION 42-128.1-5
§ 42-128.1-5 Housing resources commission– Powers and duties with respect to lead hazard mitigation. – (a) General powers and duties. The housing resources commission shallimplement and put into full force and effect the powers, duties, andresponsibilities assigned to it by this chapter, and shall serve as the leadstate agency for lead hazard mitigation, planning, education, technicalassistance, and coordination of state projects and state financial assistanceto property owners for lead hazard mitigation.
(b) Regulatory guidelines. In developing andpromulgating rules and regulations as provided for in this chapter, the housingresources commission shall consider, among other things: (1) the effect onefforts to reduce the incidence of lead poisoning, (2) the ease and cost ofimplementation, (3) the impact on the ability to conduct real estatetransactions fairly and expeditiously, (4) consistency with federal standards,such that the differences between basic federal standards and Rhode Islandstandards for lead hazard mitigation are, to the extent practicable, minimized,and (5) the direction of effort to locations and housing types, which due toage, condition, and prior history of lead poisoning are more likely to thelocation of lead poisoning. Said regulations shall include a definition of"turnover" of a dwelling unit and a means for tenants to voluntarily notifyproperty owners of the legal tenancy of an "at-risk" occupant.
(c) Comprehensive strategic plan. In order toestablish clear goals for increasing the availability of housing in which leadhazards have been mitigated, to provide performance measures by which to assessprogress toward achieving the purposes of this chapter, and to facilitatecoordination among state agencies and political subdivisions withresponsibilities for housing and housing quality for lead poisoning reductionand for the availability of insurance coverage described in this chapter, thehousing resources commission established by chapter 128 of this title shalladopt by April 1, 2003, a four (4) year, comprehensive strategic plan forreducing the incidence of childhood lead poisoning, for increasing the supplyof lead-safe housing, and for assuring that pre-1978 in rental housingthroughout the state lead hazards have been mitigated.
(1) Plan elements. The plan as a minimum shall includeelements pertaining to:
(i) Educating people with regard to lead hazards and how theycan be avoided, mitigated, and/or abated;
(ii) Programs to assist low and moderate income owners ofproperty to eliminate lead hazards and to achieve lead-safe conditions;
(iii) Coordination of the enforcement of laws pertaining tolead hazard control, mitigation and abatement including the Lead PoisoningPrevention Act, chapter 24.6 of title 23, and minimum housing codes andstandards;
(iv) Coordination of efforts with local governments and otheragencies to improve housing conditions;
(v) Financing lead abatement efforts in Rhode Island,including, but not limited to, assistance to low and moderate income propertyowners, education and outreach, and enforcement by state and local officials;
(vi) An assessment of the availability of insurance for leadhazard liability, which shall be designed and implemented in cooperation withthe department of business regulation.
(2) Implementation program. The comprehensivestrategic plan shall include an implementation program, which shall includeperformance measurers and a program of specific activities that are proposed tobe undertaken to accomplish the purposes of this chapter and to achieve goalsand elements set forth by the plan. The implementation program shall be updatedannually according to a schedule set forth in the plan.
(3) Reporting. The commission shall report annually tothe governor and the general assembly, no later than March of each year, on theprogress made in achieving the goals and objectives set forth in the plan,which report may be integrated with or issued in conjunction with the report ofthe commission on environmental lead submitted pursuant to § 23-24.6-6.