HOUSE DOCKET, NO. 2563        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2623

The Commonwealth of Massachusetts

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PRESENTED BY:

Angelo M. Scaccia

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to lead abatement.

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PETITION OF:

HOUSE DOCKET, NO. 2563        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2623

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to lead abatement.

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. The first sentence of subsection (e) of section 6 of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the words “one thousand five hundred dollars” and inserting in place thereof the following figure:- $3,000.             

SECTION 2. The second sentence of said subsection (e) of section 6 of chapter 62, as so appearing, is hereby amended by striking out, in line 86, the words “five hundred dollars” and inserting in place thereof the following figure:- $1,000.             

SECTION 3.  Section 189A of chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of the term “Advisory committee” the following definition:-

“Blood lead level of concern,” a concentration of lead in whole venous blood, at a minimum, of between 5 and 10 micrograms per deciliter in a child under six years of age.

SECTION 4. Said section 189A of chapter 111, as so appearing, is hereby further amended by inserting after the definition of the term “Director” the following definition:-

“Lead poisoning,” a medical condition present in a child under six years of age in which the child has a concentration of lead in whole venous blood of 10 micrograms per deciliter or greater. Said concentration level may be lowered by the department through regulation.

SECTION 5.  Section 191 of said chapter 111, as so appearing, is hereby amended by striking out, in line 9, the words “the terms ‘lead poisoning’ and ‘previously reported’” and inserting in place thereof the following words:- the term “previously reported”.

The department shall perform public health surveillance and outreach to identify children with a blood lead level of concern.  Any child reported to have a blood lead level of concern shall be provided appropriate clinical case management services in accordance with standards set forth by the American Academy of Pediatrics, or other qualified clinical standard as determined by the department.

SECTION 6. Section 193 of said chapter 111, as so appearing, is amended by striking out, in lines 44 and 45, the words “, as defined by regulation by the director,”.

SECTION 7. Section 197C of said chapter 111, as so appearing, is hereby amended by striking out, in lines 3, 4 and 5, the words “in excess of the level considered dangerous to the child’s immediate health as determined by the department” and inserting in place thereof the following words:- commensurate with lead poisoning.

SECTION 8. Said section 197C of chapter 111, as so appearing, is hereby further amended by striking out, in lines 22, 23 and 24, the words “in excess of the level considered dangerous to the child’s immediate health as determined by the department” and inserting in place thereof the following words:- commensurate with lead poisoning.             

SECTION 9. Section 199 of said chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “at which the department defines lead poisoning” and inserting in place thereof the following words:- for lead poisoning.

SECTION 10. Section 5 of chapter 151B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 211, the figure “$10,000” and inserting in place thereof the following figure:- $20,000.

SECTION 11. Said section 5 of chapter 151B, as so appearing, is hereby further amended by striking out, in line 213, the figure “$25,000” and inserting in place thereof the following figure:- $35,000.

SECTION 12. Said section 5 of chapter 151B, as so appearing, is hereby further amended by striking out, in line 217, the figure “$50,000” and inserting in place thereof the following figure:- $60,000.  

SECTION 13. Section 22 of chapter 482 of the acts of 1993 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

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 $50 surcharge to those persons licensed by the board of registration of real estate brokers and salesmen; a $50 surcharge to those persons licensed by the department of labor and industries to perform deleading services; a $50 surcharge to those persons licensed by the department of public health to perform lead inspections; a $125 surcharge on the annual licensing fee paid by mortgage brokers, mortgage lenders, and small loan agencies registered with the division of banks; a surcharge equal to $50 per year on the license of insurance producers licensed in property or casualty lines of insurance by the division of insurance, payable at the time of the licensing fee.

SECTION 14. Sections 1 to 12, inclusive, shall take effect on January 1, 2020.

SECTION 15. Section 13 shall take effect on July 1, 2020.