U.S. Department of Housing and Urban Development Office of Lead Hazard Control and Healthy Homes Legislative History of Title X: Creating the law and implementing it New England Lead Conference, Portsmouth, NH, Nov. 5, 2015 The Legislative History (1) Just as today where there is a heightened interest in the conditions of low income housing and national concern over low income families and children, so, too, was in the spring of 1992. More and more data indicated that the danger and risk posed from exposure to lead based paint demanded action. Over 1 million kids at this time had levels of lead in their bodies above CDC recommendations. 1
The Legislative History (2) As part of this effort, in March 1992, Senator Cranston (with cosponsors Sens. Akaka, D Amato, Kerry, Lieberman, and Sarbanes) introduced a bill to create a cost-effective, workable system for reducing lead poisoning risks in housing. The bill, an early version of the enacted Title X, was designed to target scarce federal resources and expertise to protect those most at risk young children in low income families. The Legislative History (3) Sen. Cranston s bill built on scientific knowledge about lead poisoning prevention gained since the 1971 enactment of the Lead-based Paint Poisoning Prevention Act. That research shifted the medical and programmatic focus on rare cases of massive lead poisoning in children to the more common cases of low-level lead poisoning, for which the highest prevalence was in low-income minority children. Sen. Cranston s bill was merged into the Congress National Affordable Housing Act Amendments of 1992 bill, the platform for a range of efforts to address problems in low-income housing. 2
The Legislative History (4) Title X of that bill was an intermediate version of the Title X that we have now. The Congressional committees that held hearings on the bill came to view the low level of activity by the federal government as an element of the problem. They felt it was the federal government s role to prime the pump to encourage states, localities and business to support a lead hazard control industry and provide adequate quality control. The Legislative History (5) Ultimately, the bulk of the affordable housing bill was merged into the Housing and Community Development Act of 1992, which was enacted on October 28 th with its Title X as the Residential Lead- Based Paint Hazard Reduction Act of 1992. Title X (Public Law 102-550) mandated the creation of a nationwide infrastructure that would correct lead paint hazards in housing. Title X also redefined lead paint hazards and how they can be controlled. Based on scientific research in the 1980's, Congress defined a hazard to include deteriorated lead paint and the lead-contaminated dust and soil it generates. 3
The Legislative History (6) Title X represented a new strategy to reduce lead-based paint hazards that affects all HUD and other Federal housing programs. Some of the key features of Title X are that it: Emphasized the prevention of lead-based paint hazards before children are poisoned; Shifted focus away from abating intact lead-based paint to controlling lead-based paint hazards and allowed for new technology for evaluating and reducing those hazards; Redefined the concept of lead-based paint hazards to include lead-contaminated dust and soil; Acknowledged that some lead-based paint hazards are of more immediate concern than others; and Recognized that resources are limited and allowed for the tailoring of lead-based paint hazard programs to fit the financial and environmental conditions of specific properties. of Implementation of Title X Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992) Section Title 1001 Short title. No action required. 1002 Findings. No action required. 1003 Purposes. No action required. 1004 Definitions. No action required. 4
of Implementation of Title X Subtitle Lead-based A paint hazard reduction 1011 Grants for lead-based paint hazard reduction in target housing. LHC grants each year since FY 1993; over 200 K housing units made lead safe: Lead-Based Paint Hazard Control ($48 M in new (FY2015) grants). Lead Hazard Reduction Demonstration ($45 M in new grants). of Implementation of Title X 1012 Evaluation Lead Safe Housing Rule (24 and reduction CFR 35, subparts B R) issued of lead-based and being implemented in paint hazards HUD Program Offices (CPD, in federally Housing, PIH) assisted assisted housing programs; over housing. 12,000 housing units made lead safe in FY2015 5
of Implementation of Title X 1013 Disposition of Federally owned housing. Lead Safe Housing Rule subparts F and I issued and being implemented. Single-family (subpt. F) foreclosed target housing gets visual assessment, paint stabilization and clearance. Multifamily (subpt. I) gets inspection, risk assessment, interim controls and clearance of Implementation of Title X 1014 Comprehensive housing affordability strategy. Strategy published. State and local CHASes are now part of their Consolidated Plans, and include: Estimating # low income housing units w/lbp hazards LHC actions to be taken in coordination with health and child welfare agencies How LHC will be integrated into housing policies and programs. 6
of Implementation of Title X 1015 Task force on lead-based paint hazard reduction and financing. published 1995. 1016 National consultation on lead-based paint hazard reduction. The Task Force s report, Putting the Pieces Together: Controlling Lead Hazards in the Nation s Housing, was Interagency Federal LBP TF ongoing w/hud, EPA, CDC and other Federal agencies concerned with lead poisoning prevention, including USDA, VA, DOJ, DOL, Treasury, etc. of Implementation of Title X 1017 Guidelines for HUD Guidelines published in lead-based 1995; 2 nd edition in 2012. paint hazard Available at evaluation www.hud.gov/lead. and reduction Cited by EPA lead activities. evaluation and abatement certification ( 402 ) rule as a documented methodology. 7
of Implementation of Title X 1018 Disclosure of information concerning lead upon transfer of residential property. Lead Disclosure Rule (24 CFR 35, subpart A) issued and being implemented. (EPA has the same rule.) Under HUD enforcement: $1.5 M in penalties. 189,000 units made lead safe by owners; $7 M in work. $700 K in Children s Health Improvement Programs. of Implementation of Title X Subtitle Lead B exposure reduction 1021 Contractor training and certification. Created TSCA Title IV EPA s status for individual TSCA sections are on following slides. 8
of Implementation of Title X TSCA Lead Title IV exposure reduction 401 Definitions. No action required. of Implementation of Title X 402 Lead-based paint activities training and certification. Training and certification rule for LBP inspections, risk assessments, abatement, issued 1996, being implemented. Training and certification rule for Renovation, Repair and Painting issued 2008, being implemented. (In the 36 EPArun state programs, 107,000 RRP firms are certified. Also, 14 states, 1 tribe run their own certification programs.) 9
of Implementation of Title X 403 Identification of dangerous levels of lead. 404 Authorized state programs. Lead hazards identification rule issued 2001. Training and certification rule, incorporating authorization of state programs, issued 1996 and being implemented. 39 states, 3 tribes have EPAauthorized abatement certification programs. of Implementation of Title X 405 Lead abatement and measurement. National Lead laboratory Accreditation Program (NLLAP) implemented (97 labs as of Aug 2015). NIOSH occupational exposure study conducted. EPA outreach program being implemented. 10
of Implementation of Title X 406 Lead hazard information pamphlet. Protect Your Family pamphlet issued 1996 for Lead Disclosure Rule. Renovate Right pamphlet issued 2008 for Renovation, Repair and Painting Rule. 407 Regulations. Recordkeeping and reporting provisions included in applicable rules. of Implementation of Title X 408 Control of lead-based paint hazards at Federal facilities. 409 Prohibited acts. 410 Relationship to other federal law. Federal agencies covered by Federal, State, interstate, and local lead laws and regulations. Enforcement program being implemented. Relationships described in each covered rule. 11
of Implementation of Title X 411 General provisions relating to administrative proceedings. 412 Authorization of appropriations. Administrative procedures being implemented. Appropriations being expended. of Implementation of Title X Subtitle Worker C protection 1031 Worker protection. 1032 Coordination between EPA and DOL. 1033 NIOSH responsibilities. OSHA issued lead in construction rule (29 CFR 1926.62) in 1993. Coordination ongoing. NIOSH implemented lead worker and supervisors training grant program. 12
of Implementation of Title X Subtitle Research and D development Part 1 HUD research 1051 Research on lead exposure from other sources. Lead technical studies grants and contracts on exterior soil, interior carpets, furniture, and forced air ducts implemented. of Implementation of Title X 1053 Authorization. FY 1993-1994 appropriations were expended. Continued funding is appropriated each fiscal year. 13
of Implementation of Title X Part 2 GAO report (of Subtitle D) 1056 Federal implementation and insurance stud[ies]. Reports on federal agencies compliance with and enforcement of existing laws, and on lead insurance availability for housing owners, environmental consultants, and contractors, were issued. of Implementation of Title X Subtitle Reports E 1061 Reports of the Major report on lead issued by Secretary of President's Task Force on Housing and Environmental Hazards and Urban Safety Hazards to Children in Development. 2000. HUD s annual and biennial reporting is incorporated into in Departmental Annual Performance Reports. 14
HUD Office of Lead Hazard Control and Healthy Homes www.hud.gov/lead www.hud.gov/healthyhomes Lead Regulations Hotline: Lead.Regulations@HUD.gov 15