§ 42-128.1-5. Department of health — Powers and duties with respect to lead hazard mitigation.
(a) General powers and duties. The department of health shall implement and put into full force and effect the powers,
duties, and responsibilities assigned to it by this chapter, and shall serve as the
lead state agency for lead hazard mitigation, planning, education, technical assistance,
and coordination of state projects and state financial assistance to property owners
for lead hazard mitigation.
(b) Regulatory guidelines. In developing and promulgating rules and regulations as provided for in this chapter,
the department of health shall consider, among other things: (1) The effect on efforts
to reduce the incidence of lead poisoning; (2) The ease and cost of implementation;
(3) The impact on the ability to conduct real estate transactions fairly and expeditiously;
(4) Consistency with federal standards, such that the differences between basic federal
standards and Rhode Island standards for lead hazard mitigation are, to the extent
practicable, minimized; and (5) The direction of effort to locations and housing types,
which due to age, condition, and prior history of lead poisoning are more likely to
be the location of lead poisoning. Said regulations shall include a definition of
"turnover� of a dwelling unit and a means for tenants to voluntarily notify property
owners of the legal tenancy of an "at-risk� occupant.
(c) Comprehensive strategic plan. In order to establish clear goals for increasing the availability of housing in which
lead hazards have been mitigated, to provide performance measures by which to assess
progress toward achieving the purposes of this chapter, and to facilitate coordination
among state agencies and political subdivisions with responsibilities for housing
and housing quality for lead poisoning reduction and for the availability of insurance
coverage described in this chapter, the housing resources commission shall adopt by
April 1, 2003, a four-year (4), comprehensive strategic plan for reducing the incidence
of childhood lead poisoning, for increasing the supply of lead-safe housing, and for
assuring that pre-1978 in rental housing throughout the state lead hazards have been
mitigated. Effective July 1, 2025, the department of health will assume responsibility
for the comprehensive strategic plan.
(1) Plan elements. The plan as a minimum shall include elements pertaining to:
(i) Educating people with regard to lead hazards and how they can be avoided, mitigated,
and/or abated;
(ii) Programs to assist low- and moderate-income owners of property to eliminate lead hazards
and to achieve lead-safe conditions;
(iii) Coordination of the enforcement of laws pertaining to lead hazard control, mitigation,
and abatement including the Lead Poisoning Prevention Act, chapter 24.6 of title 23, and minimum housing codes and standards;
(iv) Coordination of efforts with local governments and other agencies to improve housing
conditions;
(v) Financing lead abatement efforts in Rhode Island, including, but not limited to, assistance
to low- and moderate-income property owners, education and outreach, and enforcement
by state and local officials; and
(vi) An assessment of the availability of insurance for lead hazard liability, which shall
be designed and implemented in cooperation with the department of business regulation.
(2) Implementation program. The comprehensive strategic plan shall include an implementation program, which shall
include performance measurers and a program of specific activities that are proposed
to be undertaken to accomplish the purposes of this chapter and to achieve goals and
elements set forth by the plan. The implementation program shall be updated annually
according to a schedule set forth in the plan.
(3) Reporting. The department of health shall report annually to the governor and the general assembly,
no later than March of each year, on the progress 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 of the council on environmental lead submitted pursuant
to § 23-24.6-6.