Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section twenty-eight of chapter twenty-three B of the General Laws is hereby repealed.

SECTION 2. Section 6 of chapter 62 of the General Laws, as amended by section 16 of chapter 19 of the acts of 1993, is hereby further amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) Any owner of a residential premises who pays for the containment or abatement of any paint, plaster or other accessible structural materials containing dangerous levels of lead or who pays for the replacement of one or more window units in a dwelling unit constructed prior to nineteen hundred and seventy-eight for the purpose of bringing a dwelling unit into full compliance with the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, of chapter one hundred and eleven concerning materials containing dangerous levels of lead shall be allowed a credit in the amount of the cost of said removal, containment or replacement or one thousand five hundred dollars per dwelling unit, whichever is less. Any owner of a residential premises who pays for the containment or abatement of any paint, plaster or other accessible structural materials containing dangerous levels of lead or who pays for the replacement of one or more window units in a dwelling unit constructed prior to nineteen hundred and seventy-eight in pursuit of an emergency lead management plan and letter of interim control, as provided for in subsection (b) of section one hundred and ninety-seven of chapter one hundred and eleven concerning materials containing dangerous levels of lead shall be allowed a credit in the amount of one-half the cost of said removal, containment, or replacement or five hundred dollars per dwelling unit, whichever is less, provided that any costs claimed as part of such credit must be certified by a licensed inspector to be costs necessary to achieving ultimate full compliance; and provided, further, that any credit received for interim control shall be considered as part of the maximum credit allowable per unit for any owner pursuing full compliance. Tax credits for full compliance or interim controls shall include window replacement done for the purposes of lead abatement. Such credits shall be allowed for the containment, abatement or replacement of any paint, plaster or other accessible structural materials containing dangerous levels of lead only if (i) the presence of lead is established by an inspector licensed by the childhood lead poisoning prevention program, and (ii) following such removal, the owner obtains a letter of compliance or interim control from a licensed inspector pursuant to subsections (b), (c) and (d) of section one hundred and ninety-seven of chapter one hundred and eleven and files with the department of revenue such letter of compliance or interim control and a certification, in recordable form, stating the number of dwelling units, as defined in the state sanitary code for which such credit is being claimed. Any taxpayer eligible for the foregoing tax credit for the then taxable year may carry forward any such unused credit or any unused portions thereof and apply it to his tax liability in any one or more of the succeeding seven taxable years. The commissioner shall, in consultation with the director of the childhood lead poisoning prevention program and the commissioner of the department of labor and industries, promulgate regulations to implement the provisions of this section.

SECTION 3. Chapter 111 of the General Laws is hereby amended by striking out section 190, as appearing in the 1992 Official Edition, and inserting in place thereof the following two sections:-

Section 189A. For the purposes of this section and sections one hundred and ninety to one hundred and ninety-nine B, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-

"Abatement", the removal and replacement of paint, plaster or other accessible structural material containing dangerous levels of lead.

"Advisory committee", the committee established in section one hundred and ninety.

"Commissioner", the commissioner of public health.

"Containment", the encapsulation, covering or enclosing by means authorized by the director, of paint, plaster or other accessible structural material containing dangerous levels of lead.

"Department", the department of public health.

"Director", the lead poisoning control director provided for in section one hundred and ninety.

"Owner", any person who alone or jointly or severally with others (i) has legal title to any premises; (ii) has charge or control of any premises as an agent who has authority to expend money for compliance with the state sanitary code, executor, administrator, trustee or guardian of the estate or the holder of legal title, (iii) is an estate or trust of which such premises is a part, or the grantor or beneficiary of such an estate or trust; or (iv) is the association of unit owners of a condominium or cooperative, which shall be considered an owner solely with respect to common areas and exterior surfaces and fixtures of such condominium or cooperative; provided, however, that the term "owner" shall not include a secured lender except to the extent provided in section one hundred and ninety-seven D.

"Premises", any residential premises, dwelling unit or residential property constructed prior to nineteen hundred and seventy-eight.

Section 190. Subject to appropriation, the department shall establish a statewide program for the prevention, screening, diagnosis and treatment of lead poisoning, including elimination of the sources of such poisoning, through such research, educational, epidemiologic and clinical activities as may be necessary.

The commissioner shall appoint a lead poisoning control director, who shall serve at the pleasure of the commissioner. The director shall be responsible, subject to the authority of the commissioner, for carrying out and administering all programs created pursuant to this section and sections one hundred and ninety-one to section one hundred and ninety-nine B, inclusive, except as otherwise indicated herein. The director may contract with any agencies, individuals or groups for the provision of necessary services, subject to appropriation; and shall issue and from time to time, amend, such rules and regulations as may be necessary; provided, however, that such rules, regulations or amendments shall be filed with the joint committee on health care and the joint committee on housing and urban development at least thirty days before the effective date of such rules, regulations and amendments.

The governor shall appoint an advisory committee for the lead poisoning prevention program, which shall consist of fourteen members who shall serve at the pleasure of the governor. At least four of said fourteen members shall be physicians or persons active in the field of public health; at least one of said members shall be a representative of the Massachusetts Association of Community Development Corporations; at least two of said members shall be parents of children under six years of age who reside in lower-income urban areas; at least one of said members shall be a representative of the Massachusetts Rental Housing Association; at least one of said members shall be a representative of the Massachusetts Bankers Association; at least one of said members shall be a representative of the Massachusetts Association of Realtors; and at least one of said members shall be a representative of the property and casualty insurance industry. The committee shall advise the director on matters of policy; shall be consulted by the director prior to the issuance of rules and regulations; and shall perform such other duties as the director may request. The members of the advisory committee shall not be paid for their services, but they may be reimbursed for travel and other expenses necessary for the performance of their duties.

SECTION 4. Said chapter 111 is hereby further amended by inserting after section 192A the following section:-

Section 192B. The department of public health's childhood lead poisoning and prevention program shall, subject to appropriation, promote the education of all persons, including parents and property owners, on lead poisoning and its prevention. The director of said program shall prepare educational materials, the content of which shall include, but not be limited to, a discussion of safety measures, which can be taken to reduce the incidence of lead poisoning in children; available community and health care resources in all geographic regions of the commonwealth useful in the matter of lead poisoning prevention and treatment; legal rights and remedies under section one hundred and ninety-seven, and any other information deemed important by the director and the advisory council with regard to said matter. The director of said program shall also work with the representatives of the banking industry, a designee from the Massachusetts Bankers Association and officials from various state quasi-public agencies involved in providing lead paint abatement financing to develop educational materials including a resource or financing guide on programs available for lead paint abatement. Such educational materials shall be made available to, but not be limited to, hospitals, physicians' offices, community health centers, educational institutions, day care centers, and programs providing public assistance or social services. The director may contract or associate with public and private agencies and organizations for the preparation of said educational materials on lead poisoning prevention, other pertinent resource information on the matter of lead poisoning and conducting educational programs.

Publication of educational materials shall not subject any agency or organization to liability under section one hundred and ninety-nine.

SECTION 5. Said chapter 111 is hereby further amended by striking out section 194, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 194. The director shall, subject to appropriation, establish a comprehensive program for detection of sources of lead poisoning. Such program shall attempt, to the extent permitted by appropriations, to locate all premises in which the paint, plaster or other accessible structural material contains dangerous levels of lead. The means of detection and the amount of lead in the paint, plaster or other accessible structural material that produces the danger of lead poisoning shall be determined by regulation by the director in accordance with sound medical practice and current technical knowledge.

Such program of detection may, to the extent that all appropriate premises are not inspected, give priority in inspections to those premises located in areas where significant numbers of lead poisoning cases have been reported, and in which children under six years of age reside.

Upon the request of any occupant and subject to appropriation, the director shall cause to have the occupant's premises inspected, within a reasonable time, not to exceed ten days, unless systematic inspection of the area in which the person requesting the inspection resides is scheduled within thirty days, in which case said inspection may be deferred up to twenty additional days.

When the director is informed of a case of lead poisoning, he shall cause to have inspected the premises in which the victim resides, or has resided within the past twelve months, if the occupants of said premises consent, after reasonable notice, to such inspection. If the occupant refuses admittance, an agent of the director or of any local board of health or code enforcement agency may apply for a search warrant to permit entry. A court may issue a warrant upon a showing that a victim of lead poisoning resides in said premises. The findings of such inspection shall be reported to the director and to the appropriate enforcement authorities.

A dangerous level of lead found in premises inspected pursuant to this section or otherwise, shall be reported immediately to the owner of the building, all mortgagees and lien holders of record, the director, and all affected tenants as outlined below. The owner of such building shall comply with any order to correct violations issued by the director, any local board of health or any code enforcement agency within the time established by regulations promulgated by the director. Except as otherwise provided, abatement or containment of lead shall not be required unless the premises has been occupied by a poisoned child within the past twelve months or is occupied by a child under six years of age. When dangerous levels of lead are present on the exterior of the building or in common areas, notice shall be given to all occupants of the building; and when such levels are present only within particular premises, notice shall be given to the occupants of the premises involved. The director shall promulgate regulations specifying the form and content of all required notices.

When a dangerous level of lead is found in premises inspected pursuant to this section, or otherwise, the director shall cause to have screened all children under six years of age, and such other children as he may find advisable to screen, residing or who have resided within the past twelve months in said premises. The results of such screening shall be reported to the director and the affected child's parent or legal guardian. The director shall inform such other persons or agencies as he deems advisable, subject to the provisions of section one hundred and ninety-one relating to the names of affected individuals.

The director shall provide by regulation for the implementation by local boards of health, code enforcement agencies and housing inspection agencies of the provisions of this section and the periodic reporting to him of the results of all inspections of premises conducted hereunder by said boards and agencies.

The director shall maintain comprehensive records of all inspections conducted pursuant to this section. Such records shall be geographically indexed in order to determine the location of areas of relatively high incidence of dangerous lead levels. Such records shall be public records. A summary of the results of all inspections conducted pursuant to this section shall be released annually, or more frequently if the director so determines, to all interested parties.

SECTION 6. Section one hundred and ninety-four A of said chapter one hundred and eleven is hereby repealed.

SECTION 7. The second paragraph of section 195 of said chapter 111, as appearing in the 1992 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- When certified as a true copy by the custodian of such records, a copy of any report of said laboratory or any division thereof, or of any local board of health, code enforcement agency, or housing inspection agency duly trained and authorized by the director to implement the provisions of this chapter and to conduct inspections for the presence of dangerous levels of lead or lead determinations shall be admissible in any judicial proceeding without further authentication by either the laboratory or by the agency for which said report was made and shall be prima facie evidence of the facts stated therein.

SECTION 8. Said chapter 111 is hereby further amended by striking out section 197, as so appearing, and inserting in place thereof the following section:-

Section 197. (a) Whenever a child under six years of age resides in any premises in which any paint, plaster or other accessible structural material contains dangerous levels of lead, the owner shall abate or contain said paint, plaster or other accessible structural materials in accordance with the requirements of subsections (b) or (c). Except as provided in section one hundred and ninety-seven D, whenever any such premises containing said dangerous levels of lead undergoes a change of ownership and as a result a child under six years of age will become or will continue to be a resident therein, the new owner shall have ninety days to contain or abate said paint, plaster or other accessible structural material as required by this section, so as to make the premises in compliance with the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive.

(b) Owners shall be eligible to contain and control paint, plaster or other accessible structural materials containing dangerous levels of lead on an interim basis until achieving full compliance as set out in subsection (c), in accordance with measures defined in an emergency lead management plan, and a letter of interim control issued by a licensed inspector pursuant thereto. If, in the determination of a licensed inspector, the condition of such premises make it ineligible for interim control under an emergency lead management plan, the owner shall be required to satisfy the requirements of subsection (c) and receive a letter of full compliance, provided that secured lending institutions shall be governed by the provisions of section one hundred and ninety-seven D.

The director shall promulgate regulations to establish a program of interim control measures that are eligible to be used in emergency lead management plans to address urgent lead paint hazards that include, but are not limited to, paint containing a dangerous level of lead that is chipping, peeling or flaking, and highly lead-contaminated dust. Interim control measures shall be used to address said urgent lead hazards until a letter of full compliance has been obtained pursuant to subsection (c), and all emergency lead management plans shall include full compliance in accord with subsection (c) as their ultimate goal. Only in the instance of a waiver by the department, shall an owner be eligible for an emergency lead management plan and letter of interim control for premises in which a lead-poisoned child resides. The owner of premises containing a dangerous level of lead may obtain approval for an emergency lead management plan from an inspector licensed under section one hundred and ninety-seven B after an inspection and assessment of the premises by said inspector, and for a letter of interim control by such a licensed inspector certifying compliance with the emergency lead management plan and regulations promulgated by the director under this section. Said regulations shall, at minimum, include the following:

(1) a determination by the inspector regarding the need to correct structural defects, including roof and plumbing leaks, and deteriorating windows, which may cause damage to surfaces containing dangerous levels of lead, and a requirement that any such defects found be repaired or replaced, as needed, to prevent damage to interior surfaces containing lead;

(2) abatement or containment of all peeling paint and installing safeguards to protect intact paint, plaster or other accessible structural material on both interior and exterior surfaces and fixtures;

(3) removal of lead dust using specified methods, unless the initial inspection indicates that there is no peeling paint and that surface dust levels meet specified standards;

(4) provision of educational materials prepared by the department to tenants occupying the affected premises, as well as compliance with the tenant notification provisions of section one hundred and ninety-seven A;

(5) correction of any other lead paint condition which the director determines poses an urgent risk of lead poisoning to children under age six;

(6) requirement that all interim control work performed under this section comply with the requirements for use of licensed deleading contractors or for the abatement and containment activities by property owners contained in the regulations promulgated by the director pursuant to subsection (d); and

(7) a final inspection by a licensed inspector, including testing to ensure that surface dust levels are within specified limits for particular surfaces.

A letter of interim control shall expire at the end of one year from the date of its issuance, and may be renewed once, for an additional one-year period, upon reinspection and recertification pursuant to this section by a licensed lead inspector, in accordance with regulations promulgated by the director. The revocation and subsequent recertification of a letter of interim control shall not extend the initial letter of interim control beyond the time period allowed by this section. An emergency lead management plan and letter of interim control shall be issued for the premises, not its owner, and shall remain in effect should ownership of the premises be transferred during the existence of the emergency lead management plan and the letter of interim control. A subsequent owner of premises under a pre-existing emergency lead management plan and letter of interim control shall be responsible for complying with the terms of said plan and letter. In no case shall premises be subject to an emergency lead management plan and letter of interim control for longer than two years.

A letter of interim control shall be revocable by operation of law upon occurrence of either of the following conditions: (i) expiration by its own term; (ii) upon the failure of the owner to bring the unit into compliance, or keep the unit in compliance, as required by this paragraph. If a licensed lead inspector finds that the premises contains peeling paint or otherwise fails to meet the standards of the emergency lead management plan and the letter of interim control, said inspector shall notify the owner of the premises, the director, the local code enforcement agency or board of health of said failure. The owner shall bring the premises into compliance with the emergency lead management plan and the letter of interim control within fourteen days of being notified to do so by the director, local code enforcement agency or board of health or licensed lead inspector, or within such greater period of time as may be allowed by the director, local code enforcement agency or board of health, or by judicial order.

No claim for strict liability may be brought under section one hundred and ninety-nine against the owner by an occupant or former occupant of premises for which a letter of interim control has been issued for damages caused by exposure to dangerous levels of lead during such period that the letter of interim control is in effect or within the fourteen day period after being notified to bring the premises into compliance discussed in the previous paragraph. During the period a letter of interim control is in effect, such owner shall take reasonable care to ensure that the premises are in compliance with the requirements of this subsection and the letter of interim control, and shall be liable for all damages caused by his breach of that duty of reasonable care.

(c) Owners may proceed either directly, or at the end of the process of interim control set out in a poisoning prevention management plan approved pursuant to subsection (b), to abate or contain paint, plaster or other accessible structural material in a particular premises in order to achieve full compliance. Prior to beginning such work, the owner or his agent shall notify the occupants of the premises, the director, the department of labor and industries and the local board of health or code enforcement agency of the date on which such containment and abatement for full compliance will occur, and the method or methods that will be used. Where containment or abatement is to occur in common areas, including the exterior, all occupants of the premises shall be notified in writing.

All containment or abatement for full compliance subject to this chapter shall, pursuant to regulations promulgated by the director to ensure the safety of occupants, be performed as follows:

(1) All peeling paint, plaster or other structural material containing dangerous levels of lead, on both interior and exterior surfaces and fixtures shall be abated or contained.

(2) Intact paint, plaster or other accessible structural material containing dangerous levels of lead shall be contained or abated on door frames below the five foot level and four inches from all edges; stair rail spindles; stair treads from the lip to the riser on the bottom and four inches back from the lip on the top of the tread; doors below the five foot level and four inches from all edges; stair rails; porch railings; and all other exterior and interior surfaces and fixtures that may be readily mouthed by, or are otherwise accessible to, children. The director may, by regulation, require that in order to maintain the stability of any encapsulants used as a containing agent as part of the process to achieve full compliance, intact paint, plaster or other accessible structural material containing dangerous levels of lead be contained beyond the height of five feet and more than four inches from all edges.

(3) Peeling and intact paint, plaster or other accessible structural material containing dangerous levels of lead shall be contained or abated, on the interior and exterior surfaces of windows having sills below the five foot level when surfaces are either movable or impact on movable surfaces. Such surfaces shall include, but not be limited to, interior and exterior window sashes, window sills, and mullions; window wells and parting beads; headers on the lower side of the window that impact on the sash; and interior and exterior inner sides of the window casings that impact on the sash.

(4) Exterior paint containing dangerous levels of lead shall be contained or abated pursuant to regulations issued by the director, after consultation with the department of environmental protection specifying acceptable methods and prescribing encapsulation, shrouding or other containment methods; provided, however, that the director may ban sandblasting of exterior paint where he determines that children under six years of age are at risk of exposure to dangerous levels of lead. The use of potassium or sodium hydroxide in removing exterior lead-based paint shall be prohibited. Such regulations shall recommend appropriate methods of containment or abatement for properties listed on the state register of historic places. Local boards of health or code enforcement agencies shall enforce compliance with this regulation.

(5) Paint chips, dust and other debris created by the containment or abatement of interior or exterior paint shall be cleaned up by the person performing the containment or abatement in conformance with regulations promulgated by the director.

Upon the determination of a licensed inspector that the premises fully comply with the requirements of this subsection, said inspector shall issue a letter of full compliance for said premises. The director shall prepare one or more standard formats for letters of full compliance which may be revised from time to time as appropriate. All licensed inspectors shall use such standardized formats in issuing letters of full compliance.

Premises for which a letter of compliance has been issued prior to January first, nineteen hundred and ninety-four, pursuant to previous versions of this section and regulations promulgated thereunder, shall be deemed to be in full compliance with the provisions of this subsection, and shall be deemed to have been issued a letter of full compliance in accord with this subsection for all purposes of sections one hundred and eighty-nine A through one hundred and ninety-nine B, inclusive. Owners of such premises shall not be required to comply with any additional requirements of this subsection or of rules and regulations promulgated pursuant to said sections.

If a tenant believes that the premises fail to meet the standards of the letter of compliance or a licensed lead inspector finds that the premises fails to meet the standards of the letter of full compliance, said tenant or inspector shall notify the owner of the premises, the director, the local code enforcement agency or board of health of said failure. The owner shall ensure that the condition of the premises meets the standards required by the letter of full compliance within fourteen days of being notified to do so by the director, local code enforcement agency or board of health or licensed lead inspector, or within such greater period of time as may be allowed by the director, local code enforcement agency or board of health, or by judicial order.

No claim for strict liability may be brought under section one hundred and ninety-nine against an owner by an occupant or former occupant of premises for which a letter of full compliance has been issued and is in effect in accordance with this subsection.

(d) Containment or abatement, and daily and final cleanup of paint, plaster or other accessible structural material required under this section, whether undertaken for full compliance or as an interim measure under an emergency lead management plan, shall be conducted only by a contractor licensed by the department of labor and industries, except that the owner of premises or the owner's agent, acting pursuant to regulations promulgated by the director specifying the conditions under which owners or their agents may undertake such containment or abatement, need not be licensed to engage in such activities. Any person who is not licensed may undertake containment or abatement activities only after successful completion of a course of instruction approved by the commissioner in consultation with the director detailing the proper methods and health hazards of containment or abatement and final cleanup of paint, plaster or other accessible structural material; provided further, that all containment or abatement activities by an unlicensed person shall be inspected and approved after completion by a licensed inspector. Such regulations shall include, but not be limited to, the removal of doors, windows, woodwork or other elements or fixtures containing dangerous levels of lead and shall address the presence of residents during deleading and cleanup; provided, that in no instance shall paint containing such dangerous levels of lead be stripped or scraped from the doors, windows, woodwork, elements or fixtures while residents are on the premises. The director shall make available to the public standard guidelines relative to owner deleading activities made permissible pursuant to this section.

(e) The director may waive or alter any requirements of this section concerning the required containment or abatement of paint, plaster or other accessible structural material on specified surfaces and fixtures or specified substrates upon a finding by the director that no substantial risk is posed to the health of children under six years of age by the continued presence of such paint, plaster or other accessible structural material.

(f) Under no circumstances shall repainting with a non-lead based paint, without containment or abatement of the offending paint, plaster or other accessible structural material, constitute compliance with either subsection (b) or (c).

(g) No person shall occupy the premises while containment or abatement of dangerous levels of lead paint, plaster or other accessible structural materials is taking place and until such time as the premises has been cleaned up and found to be in compliance with this section, except pursuant to regulations issued by the director. Such regulations shall provide that persons may occupy the premises pursuant to specified conditions established on a case-by-case basis by the director or local board of health or code enforcement agency upon a finding that such occupancy will not endanger or materially impair the health or the well-being of any occupant; provided, however, that pregnant women and children under the age of six are not permitted to occupy the dwelling unit during deleading activities.

(h) Any owner undertaking to abate or contain dangerous levels of lead in any dwelling unit may, at the owner's option, reasonably delay the commencement of the tenancy until a letter of compliance or interim control certificate has been issued; provided, that no duly executed lease exists between owner and tenant; and provided, further, that no such delay shall exceed thirty days. During any such period of delay of occupancy the prospective tenant shall bear any living expenses. Should the owner decide to bring any residential premises into compliance with the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, while a tenant is occupying a dwelling unit, the owner shall have the right to move the tenant to a substitute dwelling unit upon reasonable notice; provided, however, that the owner pays reasonable moving expenses and any use and occupancy charges for a substitute dwelling unit which exceed the rent for the vacated dwelling unit for which the tenant remains responsible. A substitute dwelling unit shall be defined as one that does not cause undue economic or personal hardship to the tenant. If the tenant fails to accept the substitute dwelling unit selected by the owner during such period of time reasonably required to bring the vacated dwelling unit into compliance with the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, the owner shall have no obligation to reimburse the tenant for any expense or inconvenience other than moving expenses and any use and occupancy charges for the substitute dwelling unit selected by the owner which may exceed the rent for the vacated dwelling unit.

SECTION 9. Said chapter 111 is hereby further amended by striking out section 197A, as so appearing, and inserting in place thereof the following section:-

Section 197A. Prospective purchasers of premises shall be notified about the hazards of lead in paint, plaster or other accessible structural material in premises and the requirements for their abatement or containment as follows:-

(a) The director shall prepare a standard notification form and such other materials as may be necessary to inform prospective purchasers about the possible presence of dangerous levels of lead in such premises, the symptoms and treatment of lead poisoning, and the requirements of the lead law and regulations, including the provisions concerning liability for failure to abate or contain lead hazards and prohibitions against unlawful discrimination. The director shall prepare a separate notification form and materials for prospective purchasers of residential properties containing one or more rental units. Such rental property notification materials shall inform prospective purchasers about issues specific to rental properties, such as liability insurance and prohibitions against unlawful discrimination. Such forms and materials shall be revised from time to time as appropriate.

(b) All persons selling premises shall, prior to the signing of a purchase and sale agreement, provide a copy of the form and other materials prepared pursuant to subsection (a) to the prospective purchaser. Effective May first, nineteen hundred and ninety-four, all persons leasing premises with an option to purchase such premises shall, prior to the signing of the lease with an option to purchase, provide a copy of the form and other materials prepared pursuant to subsection (a) to the lessee-prospective purchaser. In addition to and at the time of providing said notification, the lessor-prospective seller shall provide the lessee-prospective purchaser with any letter of interim control for the premises issued pursuant to subsection (b) of section one hundred and ninety-seven, or any letter of full compliance for the premises issued pursuant to subsection (c) of said section, and such seller and any real estate agent involved in the sale shall disclose to the prospective purchaser any information known to the seller or real estate agent about the presence of paint, plaster, or other accessible structural materials containing dangerous levels of lead in the premises.

(1) The lessee-prospective purchaser shall also be informed by the lessor-prospective seller and any such real estate agent about the availability of inspections for dangerous levels of lead. If, after receiving said notice, the lessee-prospective purchaser chooses to have an inspection done, the lessor-prospective seller shall afford the lessee-prospective purchaser a period of ten days or such longer time as the parties may agree to have such inspection performed, through a lead inspection contingency provision in the purchase and sale agreement, or otherwise.

(2) If any real estate agent involved in the sale has provided the lessee-prospective purchaser with the required information and materials, he shall verbally inform the lessee-prospective purchaser of the possible presence of dangerous levels of lead and the provisions of sections one hundred and eighty-nine A through one hundred and ninety-nine B, inclusive, and regulations promulgated thereunder. At that time or at any time prior to signing of the purchase and sale agreement, any such real estate agent shall obtain the lessee-prospective purchaser's certification that he has been notified.

(c) Nothing in this section or this chapter shall be construed to require the director, local boards of health or code enforcement agencies to conduct lead inspections the sole purpose of which is to inform sellers or prospective purchasers of premises about the presence of dangerous levels of lead in said premises.

(d) Tenants of premises and those prospective tenants who are about to enter an agreement to rent premises shall be notified about the hazards of dangerous levels of lead as follows:-

(1) The director shall, by July first, nineteen hundred and ninety-four, prepare a standard notification brochure and such other materials as may be necessary to inform such tenants and property owners about the hazards associated with dangerous levels of lead; the symptoms and treatment of lead poisoning; measures which can be taken by parents and property owners to reduce the risk of lead exposure to children; and the requirements of sections one hundred and eighty-nine A through one hundred and ninety-nine B, inclusive, and regulations promulgated thereunder. Such materials shall also describe the significance of letters of interim control and letters of full compliance, and the need for tenants to promptly notify owners, the director, the local code enforcement agency or board of health in writing whenever an intact painted surface begins to peel or flake. The director shall also prepare a standard form to be distributed by owners to tenants and prospective tenants about to enter an agreement to rent the premises, which shall include the name, address and telephone number of the owner or the owner's managing agent and the address and telephone number of the state childhood lead poisoning prevention program. In addition, the owner shall disclose any information actually known by the owner concerning the location of paint, plaster or other accessible structural materials containing dangerous levels of lead, including such intact paint, plaster or other accessible structural materials containing dangerous levels of lead which have been covered or encapsulated.

(2) Effective December first, nineteen hundred and ninety-four, prior to entering into a tenancy agreement, the owner of premises or such other person to whom rent is to be regularly paid, shall provide a prospective tenant who is about to enter such an agreement to rent premises with:

(i) a copy of the materials and standard form completed pursuant to paragraph (1); (ii) a copy of the most recent lead paint inspection report, letter of interim control, letter of compliance or abatement plan applicable to the dwelling unit and to the common areas or exterior surfaces of the residential premises; and (iii) two copies of a statement certifying that the prospective tenant received all of the above materials, one copy of which is to be retained by the tenant and one by the owner. For purposes of this section, inclusion of such certification as a provision in a written tenancy agreement shall be permitted.

(e) Any owner who fails to comply with the provisions of this section shall be liable for all damages caused by the failure to comply and, in addition, shall be subject to assessment of a penalty not to exceed one thousand dollars. A violation of this section by a person engaged in trade or commerce shall be an unfair and deceptive act or practice as defined in section two of chapter ninety-three A.

(f) The receipt by a tenant or prospective tenant of a notification brochure or other disclosure materials from an owner pursuant to this section shall not be construed to bar any claim for liability by the tenant or his minor children against the owner. The disbursement by an owner of a notification brochure to a tenant shall not operate as an admission of liability to any claim for liability by the tenant or his minor children against the owner under any provision of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive.

SECTION 10. Subsection (a) of section 197B of said chapter 111, as so appearing, is hereby amended by striking out, in line 14, the word "ninety" and inserting in place thereof the following word:- eighty-nine A.

SECTION 11. The first paragraph of said subsection (a) of said section 197B of said chapter 111, as so appearing, is hereby amended by adding the following two sentences:- The director shall periodically assess the number of applications for licensed lead paint inspectors and may, subject to appropriation, increase the frequency of training sessions required for licensure, if necessary, in order to process said applications in an efficient and timely fashion. The director may, subject to appropriation, ensure that there are a sufficient number of training sites available throughout the commonwealth.

SECTION 11A. Said subsection (a) of said section 197B of said chapter 111, as so appearing, is hereby amended by striking out, in lines 15 and 16, the words "or grants or loans under section twenty-eight of chapter twenty-three B".

SECTION 12. Paragraph (1) of subsection (b) of said section 197B of said chapter 111, as so appearing, is hereby amended by adding the following four sentences:- Said department shall periodically assess the number of applications for licensed deleaders and may, subject to appropriation, increase the frequency of training sessions required for licensure, if necessary, in order to process said applications in an efficient and timely manner. Said department may, subject to appropriation, also ensure that there are a sufficient number of training sites available throughout the commonwealth. No person licensed as a inspector shall receive anything of value for referring any person to a licensed deleader. Violation of this subsection shall be punishable by license revocation and by civil penalty of not more than one thousand dollars.

SECTION 12A. Said subsection (b) of said section 197B of said chapter 111, as so appearing, is hereby amended by striking out, in lines 39 and 40, the words "or grants or loans under section twenty-eight of chapter twenty-three B".

SECTION 13. Said chapter 111 is hereby further amended by inserting after section 197B the following three sections:-

Section 197C. (a) If, after the issuance of a letter of full compliance pursuant to subsection (c) of section one hundred and ninety-seven, a child under the age of six exhibits a blood lead level in excess of the level considered dangerous to the child's immediate health as determined by the department, the director shall immediately review the appropriateness of the issuance and take such corrective measures as may be necessary. If after such a review, the director determines the issuance to be appropriate, the department shall conduct an environmental investigation to determine, to the extent possible, the cause of said excess blood lead level. In no event shall an owner of premises which have been issued a letter of full compliance be held strictly liable for injury or damage caused by exposure to dangerous levels of lead during such time that said letter of full compliance was in effect. Notwithstanding the provisions of this subsection, the owner shall remain subject to a standard of reasonable care relative to compliance within the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive.

(b) If, after issuance of a letter of interim control and during compliance with provisions of a emergency lead management plan, pursuant to subsection (b) of section one hundred and ninety-seven, a child under the age of six exhibits a blood level in excess of the level considered dangerous to the child's immediate health as determined by the department, the department shall immediately review said interim controls and may alter any emergency lead management plan and letter of interim control previously issued so as to require the immediate abatement or containment of dangerous levels of lead in the premises wherein said child resides. In no event shall an owner in possession of a letter of interim control be held strictly liable for injury or damage caused by exposure to dangerous levels of lead during such time the letter of interim control is in effect.

Section 197D. (a) No secured lender shall be considered an owner for purposes of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, unless and until such secured lender has acquired legal title pursuant to applicable law, and takes actual physical possession, at which point he shall be considered an owner; provided, however, that a secured lender who has acquired legal title pursuant to applicable law shall be liable in any action brought pursuant to section one hundred and ninety-nine only to the following extent:-

Within ninety days after acquiring legal title to a premises in which a child under the age of six resides, such secured lender shall either (i) obtain a letter of interim control pursuant to subsection (b) of section one hundred and ninety-seven, (ii) obtain a letter of full compliance pursuant to subsection (c) of said section one hundred and ninety-seven, or (iii) transfer the property following the procedures required by section one hundred and ninety-seven A. A secured lender who does not take one of such actions within the specified time period shall be fully liable for all damages, including punitive damages, under section one hundred and ninety-nine.

(b) A secured lender who has acquired legal title pursuant to applicable law of premises in which any paint, plaster or other accessible structural material contains dangerous levels of lead may recover from the mortgagor any monies expended in bringing the premises into compliance with sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive; provided, however, that the mortgagor shall not be liable for such contribution if the mortgagor establishes that no child under six years of age resided in the residential premises while the premises were owned by the mortgagor.

(c) For the purpose of this section, the term "secured lender" shall mean (1) a person, corporation or other entity which holds indicia of ownership in a residential property primarily to protect that person's security interest in said residential property; (2) two or more persons, corporations or other entities when one holds indicia of ownership in a residential property primarily to protect the other person's security interest in that residential property, if the person, corporation or other entity, holding the indicia of ownership is (a) wholly owned by the person, corporation or other entity holding the security interest, or (b) an affiliate of the person, corporation or other entity holding the security interest and both are wholly-owned, directly or indirectly, by the same person, corporation or other entity and (3) persons, corporations or other entities which hold contractual participation rights in a security interest, and any of the following which hold indicia of ownership in a residential property primarily to protect that security interest: a wholly-owned subsidiary of any such person, corporation, or other entity; an affiliate of any such person, corporation, or other entity if both are wholly-owned, directly or indirectly, by the same person, corporation or other entity; and any entity formed among such persons, subsidiaries, or affiliates.

Section 197E. There shall be a loan program in the executive office of communities and development for lead abatement throughout the commonwealth. Said program shall assist residential property owners in financing the abatement and containment of lead paint hazards. The secretary of the executive office of communities and development, in consultation with the commissioner and the director, shall administer said program and may distribute funds through community action agencies, redevelopment agencies, local nonprofit community and housing agencies and other appropriate municipal and non-profit agencies and organizations. Loans under the program must be used for lead-paint abatement and containment activities.

Agencies and organizations eligible for loans under this program shall be selected by the secretary of the executive office of communities and development in consultation with the commissioner and the director. Not less than one-half of funds allocated for this program shall be distributed to agencies and organizations serving high-risk areas and communities. Such high-risk areas and communities shall be chosen by the commissioner based upon the following criteria: the incidence of childhood lead poisoning reported in the previous five years; the proportion of residential housing stock containing lead paint hazards; the proportion of residents of low and moderate income; and the prior efforts of appropriate agencies and organizations to promote and carry out preventive measures designed to alleviate lead hazards. All agencies and organizations wishing to receive funding from this program shall submit to said secretary and the commissioner a report detailing a proposed plan to reduce lead paint hazards.

The secretary of the executive office of communities and development and the commissioner, subject to the consultation provisions of section one hundred and ninety of this chapter, shall promulgate regulations necessary to administer this program. Said secretary and the commissioner shall report to the clerks of the house of representatives and the senate not later than October first of each year concerning the distribution of loan funds under this program. Said secretary shall promulgate regulations which establish reasonable terms and conditions of such loans, including interest rates and maturity dates designed to encourage compliance with this chapter.

SECTION 14. Section 198 of said chapter 111, as appearing in the 1992 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraphs:-

Violations of this section shall not constitute violations of the state sanitary code when (i) an owner has received a letter of full compliance, or (ii) an owner has received a letter of interim control; provided that in the case where an owner has received a letter of interim control and the tenant causes the unit to be inspected by a licensed inspector and found to be out of compliance, the sanitary code provisions will apply after fourteen days and until such time as the unit is recertified pursuant to subsection (b) of section one hundred and ninety-seven. If a tenant has a unit inspected by a licensed inspector, and the unit is found to be out of compliance, the owner shall pay the cost of such inspection. If a tenant has a unit inspected by a licensed inspector, and should the unit is found to be in compliance, the tenant shall pay the cost of such inspection.

Except as provided in the preceding paragraph, any violations of sections one hundred and ninety-six and one hundred and ninety-seven may be treated by any party as a violation of the state sanitary code and all procedures and remedies applicable to such violations of said sanitary code shall be available to correct, deter or punish violations of said sections. In any action in which a tenant is withholding rent due to lead paint and as a result of said action the landlord is required to abate, the judge, unless he finds that the landlord did not act in good faith shall order that any amounts that would be awarded to the tenant pursuant to a finding that the value of the housing was reduced by the violation of the lead law be applied to the costs of abatement; provided, however, that any amounts awarded to the tenant pursuant to a finding of any other violation of the sanitary code or any other law shall be retained by the tenant. The district, housing and superior courts shall have jurisdiction to enforce the provisions of said sections to the same extent that said courts have jurisdiction to enforce said sanitary code.

SECTION 15. The fourth paragraph of said section 198 of said chapter 111 is hereby amended by inserting after the word "district", in line 28, the following word:- , housing.

SECTION 16. Said chapter 111 is hereby further amended by striking out section 199, as so appearing, and inserting in place thereof the following section:-

Section 199. (a) Except as provided in section one hundred and ninety-seven D, the owner of any premises shall be liable for all damages to a child under six years of age at the time of poisoning, upon proof that said child's blood lead level equals or exceeds the blood lead level at which the department defines lead poisoning, that are caused by his failure to comply with the provisions and requirements of section one hundred and ninety-four, subsection (a) of section one hundred and ninety-six or section one hundred and ninety-seven, and regulations pursuant to said provisions. An owner of premises covered by a letter of full compliance in accordance with subsection (c) of section one hundred and ninety-seven, or a letter of interim control, in accordance with subsection (b) of section one hundred and ninety-seven, shall not be strictly liable under this section for damages caused to a child under six years of age at the time of poisoning, as defined in this section, by exposure to dangerous levels of lead. Notwithstanding the provisions of this subsection, during the period a letter of full compliance or a letter of interim control is in effect, the owner shall take reasonable care to ensure that the premises are in compliance with the requirements of subsection (c) of section one hundred and ninety-seven, in the case of premises covered by a letter of full compliance, or with the requirements of subsection (b) of section one hundred and ninety-seven and the emergency lead management plan, in the case of premises covered by a letter of interim control, and shall be liable for all damages caused by his breach of that duty of reasonable care.

(b) Except as provided in section one hundred and ninety-seven D, an owner of premises who is notified pursuant to the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, of a dangerous level of lead in paint, plaster, or other accessible structural material present upon his premises or who receives a notice or order to comply concerning dangerous levels of lead from the director, a local board or department of health or a code enforcement agency, and who willfully fails to take the actions required by the applicable provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, and regulations issued pursuant thereto, or the order to remedy said dangerous conditions by the deadlines contained in the applicable regulations or order, shall, in addition to the provisions of the subsection (a), be subject to punitive damages, which shall be treble the actual damages found.

(c) An owner who is held liable under this section and who seeks contribution pursuant to chapter two hundred and thirty-one B against the parent or guardian of a child who has been awarded damages under this section shall bring a separate action after a judgment has been entered against him; provided, however, that such action shall be brought within one year after the judgment has become final.

(d) Except as provided in section one hundred and ninety-seven D, the new owner of any premises which has undergone a change of ownership, and, either as a result of which a child under six years of age is or will be a resident of the premises, or the premises have been out of compliance with the requirements of this section and a child under six years of age will continue to reside in such premises, shall not be strictly liable for damages under this section if such new owner complies with the requirements of this chapter within ninety days after becoming the owner.

SECTION 17. Paragraph (a) of section 199A of said chapter 111, as so appearing, is hereby amended by striking out said paragraph and inserting in place thereof the following paragraph:-

(a) It shall be an unlawful practice for purposes of chapter one hundred and fifty-one B for the owner, lessee, sublessee, real estate broker, assignee, or managing agent of any premises to refuse to sell, rent, lease or otherwise deny to or withhold from any person or to discriminate against any person in the terms, conditions or privileges of the sale, rental or lease of such premises, because such premises do or may contain paint, plaster or accessible structural materials containing dangerous levels of lead, or because the sale, rental or lease would trigger duties under sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, or regulations promulgated thereunder, or because a person chooses to exercise any right under said sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, or regulations promulgated thereunder. Any person claiming to be aggrieved by an alleged unlawful practice as herein defined may file a complaint pursuant to section five of chapter one hundred and fifty-one B and all provisions of said chapter shall be applicable to such complaints.

SECTION 18. Said chapter 111 is hereby further amended by inserting after section 199A the following section:-

Section 199B. The provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine A, inclusive, shall not apply to any dwelling unit having fewer than two hundred and fifty square feet of floor space calculated on the basis of total habitable room area or which is used as a rooming house; provided, that no person occupying said dwelling unit may be less than six years of age.

For the purpose of this section, "rooming house" shall mean every dwelling or part thereof which contains one or more rooming units in which space is let or sublet for compensation by the owner or operator to four or more persons not within the second degree of kindred to the person compensated. Boarding houses, hotels, inns, lodging houses, dormitories and other similar dwelling places shall be included, and "rooming units" shall mean the room or group of rooms let to an individual or household for use as living and sleeping quarters.

Sections one hundred and eighty-nine A to one hundred and ninety-nine A, inclusive and this chapter shall not apply to any unit for which a lease, rental, occupancy or tenancy is of thirty-one days or less in duration, which lease, rental or occupancy is for vacation or recreational purposes; provided, however, that said dwelling unit has no peeling or chipping paint, and the tenant has received the appropriate lead paint disclosure notification pursuant to regulations promulgated by the department of public health.

SECTION 19. Chapter 167 of the General Laws is hereby amended by adding the following section:-

Section 48. No bank, lending institution, credit union or mortgagee pursuant to applicable law, or mortgagee doing business in the commonwealth, which for the purposes of this section shall include any bank as defined in section one and shall include any national bank, national banking association, federal savings bank, federal savings and loan association, and federal credit union, or mortgage company defined in chapter two hundred and fifty-five E shall discriminate in any manner in the financing or refinancing of the purchase, improvement, repair or maintenance of a residential premises or dwelling unit solely because the residential premises do or may contain paint, plaster, or other structural materials containing dangerous levels of lead. Any such bank, lending institution, credit union, mortgage company or mortgagee may request and receive a copy of any lead inspection report, letter of interim control, poisoning prevention management plan, letter of full compliance or order to comply issued under the provisions of section one hundred and ninety-four or one hundred and ninety-seven of chapter one hundred and eleven or regulations promulgated thereunder which is in the possession of either the loan applicant or seller, as a condition of processing or granting the loan. Nothing contained in this section shall restrict the right of any such bank, lending institution, credit union, mortgage company or mortgagee to process or deny a mortgage or loan application in accordance with accepted underwriting practices or criteria.

SECTION 20. Chapter 175 of the General Laws is amended by inserting after section 111G the following section:-

Section 111H. The commissioner of insurance shall adopt reasonable rules and regulations on or before July first, nineteen hundred and ninety-four designed to achieve the goal of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, of chapter one hundred and eleven, of encouraging preventative lead abatement activities by residential property owners.

Such rules and regulations shall be designed to ensure the availability of liability insurance for owners of residential property who bring their premises into compliance with the provisions of said sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, of chapter one hundred and eleven. Such regulations shall provide that:-

(a) Any liability insurance policy which provides coverage to the owner of any premises for which a letter of interim control or letter of full compliance is in effect, in accordance with section one hundred and ninety-seven of chapter one hundred and eleven, shall cover claims for injury or damage resulting from exposure to dangerous levels of lead in dwelling units, as long as said injury or damage is not the result of gross or willful negligence.

(b) Any liability insurance policy which provides coverage to the owner of any premises not in compliance with section one hundred and ninety-seven of chapter one hundred and eleven shall be endorsed to add coverage for injury or damage resulting from exposure to dangerous levels of lead in dwelling units occurring after the effective date of such endorsement when and if the owner of said premises obtains and maintains a letter of interim control or letter of full compliance, provided that any new owner of any premises who has taken title as the result of a bona fide transaction and who has also complied with the requirements of subsection (d) of section one hundred and ninety-nine of chapter one hundred and eleven, shall be covered from the date such owner took title to the premises.

(c) Companies which elect to offer a liability insurance policy for any premise for which the owner has not obtained a letter of interim control or letter of full compliance shall also make available for that premise additional coverage for injury or damage resulting from exposure to dangerous levels of lead, provided that in the case of an owner occupied single family premise any such coverage for injury or damage resulting from exposure to dangerous levels of lead shall be provided as part of the policy and not offered as additional coverage excepting that such coverage will not apply to claims made by persons insured under the policy.

(d) Any policy providing or making available liability insurance covering injury or damage resulting from exposure to dangerous levels of lead in dwelling units shall be subject to rules, regulations, or guidelines promulgated by the commissioner of insurance.

(e) For the purposes of this section, the words "premises" and "premise" shall mean any residential premises, dwelling unit or residential property constructed prior to nineteen hundred and seventy-eight.

SECTION 21. Chapter 268 of the General Laws is hereby amended by inserting after section 33 the following section:-

Section 33A. Whoever engages in or conducts a lead paint inspection without being licensed to do so, or holds himself out to the public as a licensed lead paint inspector and is not so licensed, shall be punished by a fine of not more than five thousand dollars or imprisonment in jail for not more than one year, or both.

SECTION 22. Notwithstanding the provisions of any general or special law, or rule or regulation to the contrary, there shall be a surcharge on fees assessed by certain boards of registration, or state agencies for the licensure or certification of certain professionals, and on fees assessed for the renewal of such licensure or certification, in accordance with the provisions of this section. The amount of the surcharge shall be as follows: a twenty-five dollar surcharge to those persons licensed by the board of registration of real estate brokers and salesmen; a twenty-five dollar surcharge to those persons licensed by the department of labor and industries to perform deleading services; a twenty-five dollar surcharge to those persons licensed by the department of public health to perform lead inspections; a one hundred dollar surcharge on the annual licensing fee paid by mortgage brokers, mortgage lenders, and small loan agencies registered with the division of banks; and a twenty-five dollar annual surcharge on the licensing fee paid by property and casualty insurance brokers and property and casualty agents of direct writers registered with the division of insurance.

Amounts raised by said surcharges shall be deposited into a retained revenue account hereby established for the department of public health, for the production and dissemination of educational materials pertaining to lead paint poisoning prevention and treatment issues, as required by section one hundred and ninety-two B and section one hundred and ninety-seven A of chapter one hundred and eleven of the General Laws, and for training of lead paint inspectors as well as homeowner training for those aspects of lead paint abatement or containment which the department, through regulations, authorizes homeowners to perform themselves. The department shall use amounts in said retained revenue account for the aforesaid purposes and for no other, without the need for further appropriation.

SECTION 23. The lead poisoning control director of the department of public health shall, on or before July first, nineteen hundred and ninety-four, approve technologies then commercially available for facilitating bringing premises into compliance with the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, of chapter one hundred and eleven of the General Laws at as reduced a cost as possible, including, but not limited to, encapsulating materials approved by the federal Environmental Protection Agency, and further that the department of public health shall duly consider for approval any encapsulants approved by housing and urban development or other federal agencies or other states or municipalities for the containment of paint, plaster or other accessible structural material containing dangerous levels of lead. The director is encouraged, if possible, to approve such products that can be applied by homeowners. The director shall report to the general court on the technologies expected to be so approved by the department of public health, the expected date of their approval and an estimate of their cost to homeowners and the savings that may be attributable to use of such products in the overall cost of compliance with the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, of chapter one hundred and eleven of the General Laws, not later than May first, nineteen hundred and ninety-four.

SECTION 24. Any regulations, rules, amendments, certifications, licenses or standards promulgated under the provisions of this act, unless otherwise indicated, shall be filed for review with the joint committee on health care and the joint committee on housing and urban development and with the house and senate committees on ways and means at least thirty days before the effective date of said regulations, rules, amendments, certifications, licenses or standards.

SECTION 25. Section two of this act shall apply to deleading activities occurring in taxable years commencing on or after January first, nineteen hundred and ninety-four.

SECTION 26. The secretary of the executive office of communities and development and the commissioner of the department of public health shall also review the potential costs, benefits and options in creating a state subsidized loan program in conjunction with the Massachusetts banking industry which would be modeled after the H. E. A. T. program so-called.

SECTION 27. Subject to appropriation, the loan program provided in section one hundred and ninety-seven E of chapter one hundred and eleven of the General Laws shall receive an allocation of two million, two hundred twenty-five thousand dollars in fiscal year nineteen hundred and ninety-four, and four million, five hundred thousand dollars in each fiscal year thereafter.

SECTION 28. For the purpose of applying chapter ninety-three A of the General Laws to violations under this act no stricter standard of liability shall be applied than that which applies under this act.