Based on the U.S.A Government Residential Lead-Based Paint Hazard Reduction Act of 1992–Title X
Residential Lead-Based Paint Hazard Reduction Bill of 2010—A4ARCHITECT Lead-Paint Hazard Bill
DRAFT BILL
10th Parliament,
Republic of Kenya
October 2010
SEC. 1001. SHORT TITLE.
This title may be cited as the “Residential Lead-Based Paint
Hazard Reduction Act of 2010.”
SEC. 1002. FINDINGS.
Scientific research show that Lead poisoning caused permanent neurological damage to humans especially children under 6 years old. Source:
Radiological Society of North America (2009, December 2). Childhood lead exposure causes permanent brain damage. ScienceDaily. Retrieved October 5, 2010, from http://www.sciencedaily.com/releases/2009/12/091201084152.htm
Surveys undertaken in South Africa have shown that a large proportion of children are exposed to lead from a variety of sources.Source:
Lead in Paint: Three Decades Later and Still a Hazard for African Children?
Angela Mathee, Halina Röllin, Jonathan Levin, and Inakshi Naik
Environ Health Perspect. 2007 March; 115(3): 321–322. Published online 2006 December 14. doi: 10.1289/ehp.9575.
PMCID: PMC1849931
Scientific Research finds that —
(1) low-level lead poisoning is widespread among Kenyan
children under age 6,with minority and low-income communities disproportionatelyaffected;
(2) at low levels, lead poisoning in children causes
intelligence quotient deficiencies, reading and learning
disabilities, impaired hearing, reduced attention span,
hyperactivity, and behavior problems;
(3) pre-1990 Kenyan housing stock contains high levels of lead in the form of lead-based paint.
(4) the ingestion of household dust containing lead from
deteriorating or abraded lead-based paint is the most common
cause of lead poisoning in children;
(5) the health and development of children living in thousands of Kenyan homes is endangered by chipping or peeling lead paint, or excessive amounts of lead-contaminated dust in their homes;
(6) the danger posed by lead-based paint hazards can be
reduced by abating lead-based paint or by taking interim measures
to prevent paint deterioration and limit children’s exposure to
lead dust and chips;
(8) the Kenyan Government must take a leadership role in
building the infrastructure — including an informed public,
County and local delivery systems, certified inspectors,
contractors, and laboratories, trained workers, and available
financing and insurance — necessary to ensure that the national
goal of eliminating lead-based paint hazards in housing can be
achieved as expeditiously as possible.
SEC. 1003. PURPOSES.
The purposes of this Act are —
(1) to develop a national strategy to build the
infrastructure necessary to eliminate lead-based paint hazards in
all housing as expeditiously as possible;
(2) to reorient the national approach to the presence of
lead- based paint in housing to implement, on a priority basis, a
broad program to evaluate and reduce lead-based paint hazards in
the Nation’s housing stock;
(3) to encourage effective action to prevent childhood lead
poisoning by establishing a workable framework for lead-based
paint hazard evaluation and reduction and by ending the current
confusion over reasonable standards of care;
(4) to ensure that the existence of lead-based paint hazards is taken into
account in the development of Government housing policies and in
the sale, rental, and renovation of homes and apartments;
(5) to mobilize national resources expeditiously, through a
partnership among all levels of government and the private
sector, to develop the most promising, cost-effective methods for
evaluating and reducing lead-based paint hazards;
(6) to reduce the threat of childhood lead poisoning in
housing owned, assisted, or transferred by the Kenya
Government; and
(7) to educate the public concerning the hazards and sources
of lead-based paint poisoning and steps to reduce and eliminate
such hazards.
SEC. 1004. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) Abatement. The term “abatement” means any set of
measures designed to permanently eliminate lead-based paint
hazards in accordance with standards established by appropriate
Government agencies. Such term includes —
(A) the removal of lead-based paint and
lead-contaminated dust, the permanent containment or
encapsulation of lead-based paint, the replacement of
lead-painted surfaces or fixtures, and the removal or covering of
lead contaminated soil; and
(B) all preparation, cleanup, disposal, and
postabatement clearance testing activities associated with such
measures.
(2) Accessible surface.
The term “accessible surface” means
an interior or exterior surface painted with lead-based paint
that is accessible for a young child to mouth or chew.
(3) Certified contractor. The term “certified contractor”
means —
(A) a contractor, inspector, or supervisor who has
completed a training program certified by the Ministry of Public Works and has met any other requirements for certification or
licensure established by such agency
and
(B) workers or designers who have fully met training
requirements established by the Ministry of Public Works.
(4) Contract for the purchase and sale of residential real
property. The term “contract for the purchase and sale of
residential real property” means any contract or agreement in
which one party agrees to purchase an interest in real property
on which there is situated 1 or more residential dwellings used
or occupied, or intended to be used or occupied, or intended to
be used or occupied, in whole or in part, as the home or
residence of 1 or more persons.
(5) Deteriorated paint. The term “deteriorated paint” means
any interior or exterior paint that is peeling, chipping,
chalking or cracking or any paint located on an interior or
exterior surface or fixture that is damaged or deteriorated.
(6) Evaluation. The term “evaluation” means a risk
assessment, inspection, or risk assessment and inspection.
(7) Government assisted housing. The term “Government assisted
housing” means residential dwellings receiving project-based
assistance from the Government of Kenya.
(8) Government owned housing. The term “Government owned
housing” means residential dwellings owned or managed by a
Kenyan Governemnt agency, or for which a Government agency is a trustee or
conservator. For the purpose of this paragraph, the term “Governemnt
agency” includes the Ministry of Housing,
the Ministry of Local Authorities,
the Ministry of State of Defense,
the Ministry of Transportation, and any other Governemnt agency.
(9) Government supported work. The term “Government supported
work” means any lead hazard evaluation or reduction activities
conducted in Government owned or assisted housing or funded in
whole or in part through any financial assistance program of the
Ministry of Housing.
(10) Friction surface. The term “friction surface” means an
interior or exterior surface that is subject to abrasion or
friction, including certain window, floor, and stair surfaces.
(11) Impact surface. The term “impact surface” means an
interior or exterior surface that is subject to damage by
repeated impacts, for example, certain parts of door frames.
(12) Inspection. The term “inspection” means a surface-by-
surface investigation to determine the presence of lead-based
paint as provided in the Lead-Based Paint Poisoning Prevention Act and the provision of a report explaining the results of the investigation.
(13) Interim controls. The term “interim controls” means a
set of measures designed to reduce temporarily human exposure or
likely exposure to lead-based paint hazards, including
specialized cleaning, repairs, maintenance, painting, temporary
containment, ongoing monitoring of lead-based paint hazards or
potential hazards, and the establishment and operation of
management and resident education programs.
(14) Lead-based paint. The term “lead-based paint” means
paint or other surface coatings that contain lead in excess of
limits established under the Kenyan Law on the Lead-Based Paint
Poisoning Prevention Act.
(15) Lead-based paint hazard. The term “lead-based paint
hazard” means any condition that causes exposure to lead from
lead- contaminated dust, lead-contaminated soil,
lead-contaminated paint that is deteriorated or present in
accessible surfaces, friction surfaces, or impact surfaces that
would result in adverse human health effects as established by
the appropriate Government agency.
(16) Lead-contaminated dust. The term “lead-contaminated
dust” means surface dust in residential dwellings that contains
an area or mass concentration of lead in excess of levels
determined by the appropriate Government agency to pose a threat of
adverse health effects in pregnant women or young children.
(17) Lead-contaminated soil. The term “lead-contaminated
soil” means bare soil on residential real property that contains
lead at or in excess of the levels determined to be hazardous to
human health by the appropriate Government agency.
(18) Mortgage loan. The term “mortgage loan” includes any
loan (other than temporary financing such as a construction loan)
that —
(A) is secured by a first lien on any interest in
residential real property; and
(B) either —
(i) is insured, guaranteed, made, or assisted by
the Ministry of Housing ,
or by
any other agency of the Kenya Government; or
(ii) is intended to be sold by each originating
mortgage institution to any Government chartered secondary
mortgage market institution.
(19) Originating mortgage institution. The term “originating
mortgage institution” means a lender that provides mortgage
loans.
(20) Priority housing. The term “priority housing” means
target housing that qualifies as affordable housing under Kenyan Law including housing that receives assistance under Kenyan Law.
(21) Public housing. The term “public housing” has the same
meaning given the term in the relevant section of Kenyan Law.
(22) Reduction. The term “reduction” means measures designed
to reduce or eliminate human exposure to lead-based paint hazards
through methods including interim controls and abatement.
(23) Residential dwelling. The term “residential dwelling”
means —
(A) a single-family dwelling, including attached
structures such as porches and stoops; or
(B) a single-family dwelling unit in a structure that
contains more than 1 separate residential dwelling unit, and in
which each such unit is used or occupied, or intended to be used
or occupied, in whole or in part, as the home or residence of 1
or more persons.
(24) Residential real property. The term “residential real
property” means real property on which there is situated 1 or
more residential dwellings used or occupied, or intended to be
used or occupied, in whole or in part, as the home or residence
of 1 or more persons.
(25) Risk assessment. The term “risk assessment” means an
on-site investigation to determine and report the existence,
nature, severity and location of lead-based paint hazards in the
residential dwellings, including —
(A) information gathering regarding the age and history
of the housing and occupancy by children under age 6;
(B) visual inspection;
(C) limited wipe sampling or other environmental
sampling techniques;
(D) other activity as may be appropriate; and
(E) provision of a report explaining the results of the
investigation.
(26) Minister. The term “Minister” means the Minister of
Housing .
(27) Target housing. The term “target housing” means any
housing constructed prior to 2010, except housing for the elderly
or persons with disabilities (unless any child who is less than 6
years of age resides or is expected to reside in such housing for
the elderly or persons with disabilities) or any 0-bedroom
dwelling.
SUBTITLE A — LEAD-BASED PAINT HAZARD REDUCTION
SEC. 1011. GRANTS FOR LEAD-BASED PAINT HAZARD REDUCTION IN TARGET
HOUSING.
(a) General Authority. The Minister is authorized to provide
grants to eligible applicants to evaluate and reduce lead-based
paint hazards in priority housing that is not Government assisted
housing, Government owned housing, or public housing, in
accordance with the provisions of this section.
(b) Eligible Applicants. A County or unit of local government that
has an approved comprehensive housing affordability strategy
under the Laws of Kenya is eligible to apply for a grant
under this section.
(c) Form of Applications. To receive a grant under this section,
a County or unit of local government shall submit an application
in such form and in such manner as the Minister shall prescribe.
An application shall contain —
(1) a copy of that portion of an applicant’s comprehensive
housing affordability strategy required by the relevant Kenyan Law
(2) a description of the amount of assistance the applicant
seeks under this section;
(3) a description of the planned activities to be undertaken
with grants under this section, including an estimate of the
amount to be allocated to each activity;
(4) a description of the forms of financial assistance to
owners and occupants of priority housing that will be provided
through grants under this section; and
(5) such assurances as the Minister may require regarding
the applicant’s capacity to carry out the activities.
(d) Selection Criteria. The Minister shall award grants under
this section on the basis of the merit of the activities proposed
to be carried out and on the basis of selection criteria, which
shall include —
(1) the extent to which the proposed activities will reduce
the risk of lead-based paint poisoning to children under the age
of 6 who reside in priority housing;
(2) the degree of severity and extent of lead-based paint
hazards in the jurisdiction to be served;
(3) the ability of the applicant to leverage County, local,
and private funds to supplement the grant under this section;
(4) the ability of the applicant to carry out the proposed
activities; and
(5) such other factors as the Minister determines
appropriate to ensure that grants made available under this
section are used effectively and to promote the purposes of this
Act.
(e) Eligible Activities. A grant under this section may be used
to —
(1) perform risk assessments and inspections in priority
housing;
(2) provide for the interim control of lead-based paint
hazards in priority housing;
(3) provide for the abatement of lead-based paint hazards in
priority housing;
(4) provide for the additional cost of reducing lead-based
paint hazards in units undergoing renovation funded by other
sources;
(5) ensure that risk assessments, inspections, and
abatements are carried out by certified contractors in accordance
with the relevant sections of Knenyan Law;
(6) monitor the blood-lead levels of workers involved in
lead hazard reduction activities funded under this section;
(7) assist in the temporary relocation of families forced to
vacate priority housing while lead hazard reduction measures are
being conducted;
(8) educate the public on the nature and causes of lead
poisoning and measures to reduce the exposure to lead, including
exposure due to residential lead-based paint hazards;
(9) test soil, interior surface dust, and the blood-lead
levels of children under the age of 6 residing in priority
housing after lead-based paint hazard reduction activity has been
conducted, to assure that such activity does not cause excessive
exposures to lead; and
(10) carry out such activities that the Minister determines
appropriate to promote the purposes of this Act.
(f) Forms of Assistance. The applicant may provide the services
described in this section through a variety of programs,
including grants, loans, equity investments, revolving loan
funds, loan funds, loan guarantees, interest write-downs, and
other forms of assistance approved by the Minister.
(g) Technical Assistance and Capacity Building. —
(1) In general. The Minister shall develop the capacity of
eligible applicants to carry out the requirements of the relevant sections of Kenyan Law and to carry out activities under this section.
(2) Set-aside. Of the total amount approved in appropriation
Acts under subsection (o), there shall be set aside to carry out
this subsection an ammount deemed as sufficient by the Minister.
(h) Matching Requirement. Each recipient of a grant under this
section shall make contributions toward the cost of activities
that receive assistance under this section in an amount not less
than 10 percent of the total grant amount under this section.
(i) Prohibition of Substitution of Funds. Grants under this
subtitle may not be used to replace other amounts made available
or designated by County or local governments for use for the
purposes under this subtitle.
(j) Limitation on Use. An applicant shall ensure that not more
than 10 percent of the grant will be used for administrative
expenses associated with the activities funded.
(k) Financial Records. An applicant shall maintain and provide
the Minister with financial records sufficient, in the
determination of the Minister, to ensure proper accounting and
disbursing of amounts received from a grant under this section.
(l) Report. An applicant under this section shall submit to the
Minister, for any fiscal year in which the applicant expends
grant funds under this section, a report that —
(1) describes the use of the amounts received;
(2) States the number of risk assessments and the number of
inspections conducted in residential dwellings;
(3) States the number of residential dwellings in which
lead- based paint hazards have been reduced through interim
controls;
(4) States the number of residential dwellings in which
lead- based paint hazards have been abated; and
(5) provides any other information that the Minister
determines to be appropriate.
(m) Notice of Funding Availability. The Minister shall publish a
Notice of Funding Availability pursuant to this section not later
than 120 days after funds are appropriated for this section.
(n) Relationship to Other Law. Effective 2 years after the date
of promulgation of regulations under the relevsnt Laws of Kenya, no grants for lead-based paint hazard evaluation or reduction may be awarded to a County under this section unless such County has an authorized program under the relevant Laws of Kenya.
(o) Authorization of Appropriations. For the purposes of carrying
out this Act, there are authorized to be appropriated an ammount deemed as sufficient by the Minister .
SEC. 1012. EVALUATION AND REDUCTION OF LEAD-BASED PAINT HAZARDS
IN GOVERNMENT ASSISTED HOUSING.
(a) General Requirements. The relevant Laws of Kenya regarding the Lead-Based Paint-Poisoning Prevention Act is amended —
(1) by inserting:
“REQUIREMENTS FOR HOUSING RECEIVING GOVERNMENT ASSISTANCE”;
(2) by inserting: “Beginning on January 1, 2011, such procedures shall
apply to all such housing that constitutes target housing, as
defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 2010, and shall provide for appropriate
measures to conduct risk assessments, inspections, interim
controls, and abatement of lead- based paint hazards. At a
minimum, such procedures shall require —
“(A) the provision of lead hazard information
pamphlets, developed pursuant to the relevant Laws of Kenya, to purchasers and tenants;
“(B) periodic risk assessments and interim controls in
accordance with a schedule determined by the Minister, the
initial risk assessment of each unit constructed prior to 2010 to
be conducted not later than January 1, 2011, and for units
constructed between 1960 and 2010 —
“(i) not less than 25 percent shall be performed
by January 1, 2011;
“(ii) not less than 50 percent shall be performed
by January 1, 2012; and
“(iii) the remainder shall be performed by January
1, 2015;
“(C) inspection for the presence of lead-based paint
prior to Government-funded renovation or rehabilitation that is
likely to disturb painted surfaces;
“(D) reduction of lead-based paint hazards in the
course of rehabilitation projects receiving less than KES 2,500,000
per unit in Government funds;
“(E) abatement of lead-based paint hazards in the
course of substantial rehabilitation projects receiving more than
KES 2,500,000 per unit in Government funds;
“(F) where risk assessment, inspection, or reduction
activities have been undertaken, the provision of notice to
occupants describing the nature and scope of such activities and
the actual risk assessment or inspection reports (including
available information on the location of any remaining lead-based
paint on a surface-by-surface basis); and
“(G) such other measures as the Minister deems
appropriate
(b) Measurement Criteria. The Lead-Based Paint Poisoning Prevention Act is amended by striking “for the detection” and all that follows through the end
of paragraph (2) and inserting “for the risk assessment, interim
control, inspection, and abatement of lead-based paint hazards in
housing covered by this section shall be based upon guidelines
developed pursuant to section 1017 of the Residential Lead-Based
Paint Hazard Reduction Act of 2010.”.
(c) HOME Investment Partnerships. The relevant section of the Kenyan Law on Housing Act is amended by adding at the end the following new
paragraph:
“(3) Lead-based paint hazards. A participating jurisdiction
may use funds provided under this subtitle for the evaluation and
reduction of lead-based paint hazards, as defined in section 1004
of the Residential Lead-Based Paint Hazard Reduction Act of
2010.”.
(f) Community Development Block Grants. The relevant section of Kenyan Law
is amended —
(1) by adding at the end the following new paragraph:
“(a) lead-based paint hazard evaluation and reduction,
as defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 2010.”.
(g) Section 8 Rental Assistance. The relevant section of the Kenyan Law is amended by adding at the end the following: “The Minister may (at the
discretion of the Minister and subject to the availability of
appropriations for contract amendments), on a project by project
basis for projects receiving project-based assistance, provide
adjustments to the maximum monthly rents to cover the costs of
evaluating and reducing lead-based paint hazards, as defined in
section 1004 of the Residential Lead-Based Paint Hazard Reduction
Act of 2010.”.
[h] The relevant section of Kenyan Law is amended to read:
“Alterations, repairs, and improvements upon or in
connection with existing structures may also include the
evaluation and reduction of lead-based paint hazards.”; and
(1) by adding at the end the following:
“(a) the terms’evaluation’, ‘reduction’, and ‘lead-based paint hazard’ have the same meanings given those terms in section 1004 of the Residential Led-Based Paint Hazard Reduction Act of 2010.”.
(2) Rehabilitation loans. The relevant section of Kenyan Law is amended by adding at the end the following: “The term ‘rehabilitation’ may
also include measures to evaluate and reduce lead-based paint
hazards, as such terms are defined in section 1004 of the
Residential Lead-Based Paint Hazard Reduction Act of 2010.”.
(l) Insurance for Multifamily Housing. The relevant section on Kenyan Law is
amended by inserting the following:
“(including the cost of evaluating and reducing lead-based paint hazards, as such terms are defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010)”.
SEC. 1013. DISPOSITION OF GOVERNMENT OWNED HOUSING.
The Lead-Based Paint Poisoning Prevention Actis amended by adding at the end the following:
“(3) Disposition of Government owned housing. —
“(A) Pre-2010 target housing. Beginning on January 1,
2011, procedures established under paragraphs (1) and (2) shall
require the inspection and abatement of lead-based paint hazards
in all Govwernment owned target housing constructed prior to 2010.
“(B) Target housing constructed between 1960 and 2010.
Beginning on January 1, 2011, procedures established under
paragraphs (1) and (2) shall require an inspection for lead-based
paint and lead-based paint hazards in all Government owned target
housing constructed between 1960 and 2010. The results of such
inspections shall be made available to prospective purchasers,
identifying the presence of lead-based paint and lead-based paint
hazards on a surface-by-surface basis. The Minister shall have
the discretion to waive the requirement of this subparagraph for
housing in which a Government funded risk assessment, performed by
a certified contractor, has determined no lead-based paint
hazards are present.
“(C) Budget authority. To the extent that subparagraphs
(A) and (B) increase the cost to the Government of outstanding
direct loan obligations or loan guarantee commitments, such
activities shall be treated as modifications under the relevant section of Kenyan Law and shall be subject to the availability of appropriations. To the extent that paragraphs
(A) and (B) impose additional costs to the Resolution Trust
Corporation and the Government Deposit Insurance Corporation, its
requirements shall be carried out only if appropriations are
provided in advance in an appropriations Act. In the absence of
appropriations sufficient to cover the costs of subparagraphs (A)
and (B), these requirements shall not apply to the affected
agency or agencies.
“(D) Definitions. For the purposes of this subsection,
the terms ‘inspection’, ‘abatement’, ‘lead-based paint hazard’,
‘Government owned housing’, ‘target housing’, ‘risk assessment’,
and ‘certified contractor’ have the same meaning given such terms
in section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 2010.
“(4) Definitions. For purposes of this subsection, the terms
‘risk assessment’, ‘inspection’, ‘interim control’, ‘abatement’,
‘reduction’, and ‘lead-based paint hazard’ have the same meaning
given such terms in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 2010.
SEC. 1014. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY.
The relevant Section of Kenyan Lawis amended —
By inserting the following new paragraph:
“(1) estimate the number of housing units within the
jurisdiction that are occupied by low-income families or very
low-income families and that contain lead-based paint hazards, as
defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 2010, outline the actions proposed or
being taken to evaluate and reduce lead-based paint hazards, and
describe how lead- based paint hazard reduction will be
integrated into housing policies and programs.”;
(B) by adding at the end the following new paragraph:
“(2) Lead-based paint hazards. When preparing that portion of a
housing strategy required by law a jurisdiction
shall consult with County or local health and child welfare
agencies and examine existing data related to lead-based paint
hazards and poisonings, including health Ministry data on the
addresses of housing units in which children have been identified
as lead poisoned.”
SEC. 1015. TASK FORCE ON LEAD-BASED PAINT HAZARD REDUCTION AND
FINANCING.
(a) In General. The Minister, in consultation with the
Environmental Protection Agency N.E.M.A shall establish a task force to make recommendations on expanding resources and efforts to evaluate and reduce lead-based paint hazards in private housing.
(b) Membership. The task force shall include individuals
representing the Ministry of Housing ,National Housing Corporation,
the Environmental Protection Agency N.E.M.A,
employee organizations in the building and construction trades
industry, landlords, tenants, primary lending institutions,
private mortgage insurers, single-family and multifamily real
estate interests, nonprofit housing developers, property
liability insurers, public housing agencies, low-income housing
advocacy organizations, national, County and local lead-poisoning
prevention advocates and experts, and community-based
organizations located in areas with substantial rental housing.
(c) Responsibilities. The task force shall make recommendations
to the Minister and the Drector-General of the Environmental
Protection Agency N.E.M.A.concerning —
(1) incorporating the need to finance lead-based paint
hazard reduction into underwriting standards;
(2) developing new loan products and procedures for
financing lead-based paint hazard evaluation and reduction
activities;
(3) adjusting appraisal guidelines to address lead safety;
(4) incorporating risk assessments or inspections for
lead-based paint as a routine procedure in the origination of new
residential mortgages;
(5) revising guidelines, regulations, and educational
pamphlets issued by the Ministry of Housing and other Government agencies relating to lead-based paint poisoning prevention;
(6) reducing the current uncertainties of liability related
to lead-based paint in rental housing by clarifying standards of
care for landlords and lenders, and by exploring the “safe
harbor” concept;
(7) increasing the availability of liability insurance for
owners of rental housing and certified contractors and
establishing alternative systems to compensate victims of
lead-based paint poisoning; and
(8) evaluating the utility and appropriateness of requiring
risk assessments or inspections and notification to prospective
lessees of rental housing.
(d) Compensation. The members of the task force shall not receive
Government compensation for their participation.
SEC. 1016. NATIONAL CONSULTATION ON LEAD-BASED PAINT HAZARD
REDUCTION.
In carrying out this Act, the Minister shall consult on an
ongoing basis with the Director-General of the Environmental
Protection Agency, the Director of the Centers for Disease
Control, other Government agencies concerned with lead poisoning
prevention, and the task force established pursuant to section
1015.
SEC. 1017. GUIDELINES FOR LEAD-BASED PAINT HAZARD EVALUATION AND
REDUCTION ACTIVITIES.
Not later than 12 months after the date of enactment of this Act,
the Minister, in consultation with the Director-General of the
Environmental Protection Agency, the Minister of Labor, and the
Minister of Health (acting through the
Director of the Centers for Disease Control), shall issue
guidelines for the conduct of all Government supported work
involving risk assessments, inspections, interim controls, and
abatement of lead-based paint hazards. Such guidelines shall be
based upon criteria that measure the condition of the housing
(and the presence of children under age 6 for the purposes of
risk assessments) and shall not be based upon criteria that
measure the health of the residents of the housing.
SEC. 1018. DISCLOSURE OF INFORMATION CONCERNING LEAD UPON
TRANSFER OF RESIDENTIAL PROPERTY.
(a) Lead Disclosure in Purchase and Sale or Lease of Target
Housing. —
(1) Lead-based paint hazards. Not later than 2 years after
the date of enactment of this Act, the Minister and the
Director-General of the Environmental Protection Agency N.E.M.A shall
promulgate regulations under this section for the disclosure of
lead-based paint hazards in target housing which is offered for
sale or lease. The regulations shall require that, before the
purchaser or lessee is obligated under any contract to purchase
or lease the housing, the seller or lessor shall —
(A) provide the purchaser or lessee with a lead hazard
information pamphlet, as prescribed by the Director-General of the
Environmental Protection Agency N.E.M.A under the Toxic
Substances Control Act;
(B) disclose to the purchaser or lessee the presence of
any known lead-based paint, or any known lead-based paint
hazards, in such housing and provide to the purchaser or lessee
any lead hazard evaluation report available to the seller or
lessor; and
(C) permit the purchaser a 10-day period (unless
the parties mutually agree upon a different period of time) to
conduct a risk assessment or inspection for the presence of
lead-based paint hazards.
(2) Contract for purchase and sale. Regulations promulgated
under this section shall provide that every contract or the
purchase and sale of any interest in target housing shall contain
a Lead Warning Countyment and a Countyment signed by the purchaser
that the purchaser has —
(A) read the Lead Warning Countyment and understands its
contents;
(B) received a lead hazard information pamphlet; and
(C) had a 10-day opportunity (unless the parties
mutually agreed upon a different period of time) before becoming
obligated under the contract to purchase the housing to conduct a
risk assessment or inspection for the presence of lead-based
paint hazards.
(3) Contents of lead warning Countyment. The Lead Warning
Countyment shall contain the following text printed in large type
on a separate sheet of paper attached to the contract:
“Every purchaser of any interest in residential real
property on which a residential dwelling was built prior to 2010
is notified that such property may present exposure to lead from
lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may
produce permanent neurological damage, including learning
disabilities, reduced intelligence quotient, behavioral problems,
and impaired memory. Lead poisoning also poses a particular risk
to pregnant women. The seller of any interest in residential real
property is required to provide the buyer with any information on
lead-based paint hazards from risk assessments or inspections in
the seller’s possession and notify the buyer of any known
lead-based paint hazards. A risk assessment or inspection for
possible lead-based paint hazards is recommended prior to
purchase.”.
(4) Compliance Assurance. Whenever a seller or lessor has
entered into a contract with an agent for the purpose of selling
or leasing a unit of target housing, the regulations promulgated
under this section shall require the agent, on behalf of the
seller or lessor, to ensure compliance with the requirements of
this section.
(5) Promulgation. A suit may be brought against the
Minister of Housing and the Director-General
of the Environmental Protection Agency N.E.M.A under the
Toxic Substances Control Act to compel promulgation of the
regulations required under this section and the Government High
court shall have jurisdiction to order such promulgation.
(b) Penalties for Violations. —
(1) Monetary penalty. Any person who knowingly violates any
provision of this section shall be subject to civil money
penalties in accordance with the provisions of the
Ministry of Housing Act .
(2) Action by Minister. The Minister is authorized to take
such lawful action as may be necessary to enjoin any violation of
this section.
(3) Civil liability. Any person who knowingly violates the
provisions of this section shall be jointly and severally liable
to the purchaser or lessee in an amount equal to 3 times the
amount of damages incurred by such individual.
(4) Costs. In any civil action brought for damages pursuant
to paragraph (3), the appropriate court may award court costs to
the party commencing such action, together with reasonable
attorney fees and any expert witness fees, if that party
prevails.
(5) Prohibited act. It shall be a prohibited act under
the Toxic Substances Control Act for any person to fail or refuse to comply with a provision of this section or with any rule or order issued under this section. For purposes of enforcing this section under the Toxic Substances Control Act, the penalty for each violation applicable under that Act shall not be more than KES 100,000.
(c) Validity of Contracts and Liens. Nothing in this section
shall affect the validity or enforceability of any sale or
contract for the purchase and sale or lease of any interest in
residential real property or any loan, loan agreement, mortgage,
or lien made or arising in connection with a mortgage loan, nor
shall anything in this section create a defect in title.
(d) Effective Date. The regulations under this section shall take
effect 3 years after the date of the enactment of this title.
SUBTITLE B — LEAD EXPOSURE REDUCTION
SEC. 1021. CONTRACTOR TRAINING AND CERTIFICATION.
(a) Amendment to the Toxic Substances Control Act. The Toxic
Substances Control Act is amended by adding the following new title:
“TITLE IV — LEAD EXPOSURE REDUCTION
” DEFINITIONS.
“For the purposes of this title:
“(1) Abatement. The term ‘abatement’ means any set of measures
designed to permanently eliminate lead-based paint hazards in
accordance with standards established by the Director-General under
this title. Such term includes —
“(A) the removal of lead-based paint and lead-contaminated
dust, the permanent containment or encapsulation of lead-based
paint, the replacement of lead-painted surfaces or fixtures, and
the removal or covering of lead-contaminated soil; and
“(B) all preparation, cleanup, disposal, and postabatement
clearance testing activities associated with such measures.
“(2) Accessible surface. The term ‘accessible surface’ means an
interior or exterior surface painted with lead-based paint that
is accessible for a young child to mouth or chew.
“(3) Deteriorated paint. The term ‘deteriorated paint’ means any
interior or exterior paint that is peeling, chipping, chalking or
cracking or any paint located on an interior or exterior surface
or fixture that is damaged or deteriorated.
“(4) Evaluation. The term ‘evaluation’ means risk assessment,
inspection, or risk assessment and inspection.
“(5) Friction surface. The term ‘friction surface’ means an
interior or exterior surface that is subject to abrasion or
friction, including certain window, floor, and stair surfaces.
“(6) Impact surface. The term ‘impact surface’ means an interior
or exterior surface that is subject to damage by repeated
impacts, for example, certain parts of door frames.
“(7) Inspection. The term ‘inspection’ means
“(A) a surface-by-surface investigation to determine the
presence of lead-based paint, as provided in the Lead-Based Paint Poisoning Prevention Act, and
“(B) the provision of a report explaining the results of the
investigation.
“(8) Interim controls. The term ‘interim controls’ means a set of
measures designed to reduce temporarily human exposure or likely
exposure to lead-based paint hazards, including specialized
cleaning, repairs, maintenance, painting, temporary containment,
ongoing monitoring of lead-based paint hazards or potential
hazards, and the establishment an operation of management and
resident education programs.
“(9) Lead-based paint. The term ‘lead-based paint’ means paint or
other surface coatings that contain lead in excess of 1.0
milligrams per centimeter squared or 0.5 percent by weight or
“(A) in the case of paint or other surface coatings on
target housing, such lower level as may be established by the
Minister of Housing, as defined in the Lead-Based Paint Poisoning Prevention Act, or
“(B) in the case of any other paint or surface coatings,
such other level as may be established by the Director-General.
“(10) Lead-based paint hazard. The term ‘lead-based paint hazard’
means any condition that causes exposure to lead from
lead-contaminated dust, lead-contaminated soil, lead-contaminated
paint that is deteriorated or present in accessible surfaces,
friction surfaces, or impact surfaces that would result in
adverse human health effects as established by the Director-General
under this title.
“(11) Lead-contaminated dust. The term ‘lead-contaminated dust’
means surface dust in residential dwellings that contains an area
or mass concentration of lead in excess of levels determined by
the Director-General under this title to pose a threat of adverse
health effects in pregnant women or young children.
“(12) Lead-contaminated soil. The term ‘lead-contaminated soil’
means bare soil on residential real property that contains lead
at or in excess of the levels determined to be hazardous to human
health by the Director-General under this title.
“(13) Reduction. The term ‘reduction’ means measures designed to
reduce or eliminate human exposure to lead-based paint hazards
through methods including interim controls and abatement.
“(14) Residential dwelling. The term ‘residential dwelling’
means–
“(A) a single-family dwelling, including attached structures
such as porches and stoops; or
“(B) a single-family dwelling unit in a structure that
contains more than 1 separate residential dwelling unit, and in
which each such unit is used or occupied, or intended to be used
or occupied, in whole or in part, as the home or residence of 1
or more persons.
“(15) Residential real property. The term ‘residential real
property’ means real property on which there is situated 1 or
more residential dwellings used or occupied, or intended to be
used or occupied, in whole or in part, as the home or residence
of 1 or more persons.
“(16) Risk assessment. The term ‘risk assessment’ means an
on-site investigation to determine and report the existence,
nature, severity and location of lead-based paint hazards in
residential dwellings, including —
“(A) information gathering regarding the age and history of
the housing and occupancy by children under age 6;
“(B) visual inspection;
“(C) limited wipe sampling or other environmental sampling
techniques;
“(D) other activity as may be appropriate; and
“(E) provision of a report explaining the results of the
investigation.
“(17) Target housing. The term ‘target housing’ means any housing
constructed prior to 2010, except housing for the elderly or
persons with disabilities (unless any child who is less than 6
years of age resides or is expected to reside in such housing for
the elderly or persons with disabilities) or any 0-bedroom
dwelling.
“SEC. 402. LEAD-BASED PAINT ACTIVITIES TRAINING AND
CERTIFICATION.
“(a) Regulations. —
“(1) In general. Not later than 18 months after the date of
the enactment of this section, the Director-General shall, in
consultation with the Minister of Labor, the Minister of
Housing, and the Minister of Health and Health Services (acting through the
Director of Public Health), promulgate final regulations governing lead-based
paint activities to ensure that individuals engaged in such activities are
properly trained; that training programs are accredited; and that contractors
engaged in such activities are certified. Such regulations shall contain
standards for performing lead-based paint activities, taking into
account reliability, effectiveness, and safety. Such regulations
shall require that all risk assessment, inspection, and abatement
activities performed in target housing shall be performed by
certified contractors, as such term is defined in section 1004 of
the Residential Lead-Based Paint Hazard Reduction Act of 2010.
The provisions of this section shall supersede the provisions set
forth under the heading ‘Lead Abatement Training and
Certification’ and under the heading ‘Training Grants’ in title
III of the Act entitled ‘An Act making appropriations for the
Ministrys of Home Affairs and Housing, and for sundry independent agencies,
commissions,corporations, and offices for the fiscal year ending September
30, 2011, and for other purposes’, Public Law, and upon
the enactment of this section the provisions set forth in such
public law under such headings shall cease to have any force and
effect.
“(2) Accreditation of training programs. Final regulations
promulgated under (1) shall contain specific requirements for the
accreditation of lead-based paint activities training programs
for workers, supervisors, inspectors and planners, and other
individuals involved in lead-based paint activities, including,
but not limited to, each of the following:
“(A) Minimum requirements for the accreditation of
training providers.
“(B) Minimum training curriculum requirements.
“(C) Minimum training hour requirements.
“(D) Minimum hands-on training requirements.
“(E) Minimum trainee competency and proficiency
requirements.
“(F) Minimum requirements for training program quality
control.
“(3) Accreditation and certification fees. The Director-General
(or the County in the case of an authorized County program) shall
impose a fee on —
“(A) persons operating training programs accredited
under this title; and
“(B) lead-based paint activities contractors certified
in accordance with paragraph (1).
The fees shall be established at such level as is necessary to
cover the costs of administering and enforcing the standards and
regulations under this section which are applicable to such
programs and contractors. The fee shall not be imposed on any
County, local government, or nonprofit training program. The
Director-General (or the County in the case of an authorized County
program) may waive the fee for lead-based paint activities
contractors under subparagraph (A) for the purpose of training
their own employees.
“(b) Lead-Based Paint Activities. For purposes of this title, the
term ‘lead-based paint activities’ means —
“(1) in the case of target housing, risk assessment,
inspection, and abatement; and
“(2) in the case of any public building constructed before
2010, commercial building, bridge, or other structure or
super-structure, identification of lead-based paint and materials
containing lead-based paint, deleading, removal of lead from
bridges, and demolition.
For purposes of paragraph (2), the term ‘deleading’ means
activities conducted by a person who offers to eliminate
lead-based paint or lead-based paint hazards or to plan such
activities.
“(c) Renovation and Remodeling. —
“(1) Guidelines. In order to reduce the risk of exposure to
lead in connection with renovation and remodeling of target
housing, public buildings constructed before 2010, and commercial
buildings, the Director-General shall, within 18 months after the
enactment of this section, promulgate guidelines for the conduct
of such renovation and remodeling activities which may create a
risk of exposure to dangerous levels of lead. The Director-General
shall disseminate such guidelines to persons engaged in such
renovation and remodeling through hardware and paint stores,
employee organizations, trade groups, County and local agencies,
and through other appropriate means.
“(2) Study of certification. The Director-General shall conduct
a study of the extent to which persons engaged in various types
of renovation and remodeling activities in target housing, public
buildings constructed before 2010, and commercial buildings are
exposed to lead in the conduct of such activities or disturb lead
and create a lead-based paint hazard on a regular or occasional
basis. The Director-General shall complete such study and publish
the results thereof within 30 months after the enactment of this
section.
“(3) Certification determination. Within 4 years after the
enactment of this section, the Director-General shall revise the
regulations under subsection (a) to apply the regulations to
renovation or remodeling activities in target housing, public
buildings constructed before 2010, and commercial buildings that
create lead-based paint hazards. In determining which contractors
are engaged in such activities, the Director-General shall utilize
the results of the study under paragraph (2) and consult with the
representatives of labor organizations, lead-based paint
activities contractors, persons engaged in remodeling and
renovation, experts in lead health effects, and others. If the
Director-General determines that an category of contractors engaged
in renovation or remodeling does not require certification, the
Director-General shall publish an explanation of the basis for that
determination.
“SEC. 403. IDENTIFICATION OF DANGEROUS LEVELS OF LEAD.
“Within 18 months after the enactment of this title, the
Director-General shall promulgate regulations which shall identify,
for purposes of this title, and the Residential Lead-Based Paint
Hazard Reduction Act of 2010, lead-based paint hazards,
lead-contaminated dust, and lead-contaminated soil.
“SEC. 404. AUTHORIZED COUNTY PROGRAMS.
“(a) Approval. Any County which seeks to administer and enforce
the standards, regulations, or other requirements established
under the relevant Laws, may, after notice and
opportunity for public hearing, develop and submit to the
Director-General an application, in such form as the Director-General
shall require, for authorization of such a County program. Any
such County may also certify to the Director-General at the time of
submitting such program that the County program meets the
requirements of paragraphs (1) and (2) of subsection (b). Upon
submission of such certification, the County program shall be
deemed to be authorized under this section, and shall apply in
such County in lieu of the corresponding Government program under
section 402 or 406, or both, as the case may be, until such time
as the Director-General disapproves the program or withdraws the
authorization.
“(b) Approval or Disapproval. Within 180 days following
submission of an application under subsection (a), the
Director-General shall approve or disapprove the application. The
Director-General may approve the application only if, after notice
and after opportunity for public hearing, the Director-General finds
that —
“(1) the County program is at least as protective of human
health and the environment as the Government program under the relevant Laws as the case may be, and
“(2) such County program provides adequate enforcement.
Upon authorization of a County program under this section, it
shall be unlawful for any person to violate or fail or refuse to
comply with any requirement of such program.
“(c) Withdrawal of Authorization. If a County is not administering
and enforcing a program authorized under this section in
compliance with standards, regulations, and other requirements of
this title, the Director-General shall so notify the County and, if
corrective action is not completed within a reasonable time, not
to exceed 180 days, the Director-General shall withdraw
authorization of such program and establish a Government program
pursuant to this title.
“(d) Model County Program. Within 18 months after the enactment of
this title, the Director-General shall promulgate a model County
program which may be adopted by any County which seeks to
administer and enforce a County program under this title. Such
model program shall, to the extent practicable, encourage Countys
to utilize existing County and local certification and
accreditation programs and procedures. Such program shall
encourage reciprocity among the Countys with respect to the
certification under section 402.
“(e) Other County Requirements. Nothing in this title shall be
construed to prohibit any County or political subdivision thereof
from imposing any requirements which are more stringent than
those imposed by this title.
“(f) County and Local Certification. The regulations under this
title shall, to the extent appropriate, encourage Countys to seek
program authorization and to use existing County and local
certification and accreditation procedures, except that a County
or local government shall not require more than 1 certification
under this section for any lead-based paint activities contractor
to carry out lead-based paint activities in the County or
political subdivision thereof.
“(g) Grants to Countys. The Director-General is authorized to make
grants to Countys to develop and carry out authorized County
programs under this section. The grants shall be subject to such
terms and conditions as the Director-General may establish to
further the purposes of this title.
“(h) Enforcement by Director-General. If a County does not have a
County program authorized under this section and in effect by the
date which is 2 years after promulgation of the regulations under
section 402 or 406, the Director-General shall, by such date,
establish a Government program for such County and administer and enforce such program in such County.
“SEC. 405. LEAD ABATEMENT AND MEASUREMENT.
“(a) Program To Promote Lead Exposure Abatement. The
Director-General, in cooperation with other appropriate Government
Ministrys and agencies, shall conduct a comprehensive program
to promote safe, effective, and affordable monitoring, detection,
and abatement of lead-based paint and other lead exposure
hazards.
“(b) Standards for Environmental Sampling Laboratories. (1) The
Director-General shall establish protocols, criteria, and minimum
performance standards for laboratory analysis of lead in paint
films, soil, and dust. Within 2 years after the enactment of
this title, the Director-General, in consultation with the Minister
of Health and Health Services, shall establish a program to
certify laboratories as qualified to test substances for lead
content unless the Director-General determines, by the date
specified in this paragraph, that effective voluntary
accreditation programs are in place and operating on a nationwide
basis at the time of such determination. To be certified under
such program, a laboratory shall, at a minimum, demonstrate an
ability to test substances accurately for lead content.
“(2) Not later than 24 months after the date of the
enactment of this section, and annually thereafter, the
Director-General shall publish and make available to the public a
list of certified or accredited environmental sampling
laboratories. “(3) If the Director-General determines under
paragraph (1) that effective voluntary accreditation programs are
in place for environmental sampling laboratories, the
Director-General shall review the performance and effectiveness of
such programs within 3 years after such determination. If, upon
such review, the Director-General determines that the voluntary
accreditation programs are not effective in assuring the quality
and consistency of laboratory analyses, the Director-General shall,
not more than 12 months thereafter, establish a certification
program that meets the requirements of paragraph (1).
“(c) Exposure Studies.
(1) The Ministers of Health and Health Services (hereafter in
this subsection referred to as the ‘Ministers’), acting through
the Director of Public Health, and the
Director of Environmental Health, shall jointly conduct a study of the sources
of lead exposure in children who have elevated blood lead levels (or
other indicators of elevated lead body burden), as defined by the
Director of the Centers for Disease Control.
“(2) The Minister, in consultation with the Director of the
National Institute for Occupational Safety and Health, shall
conduct a comprehensive study of means to reduce hazardous
occupational lead abatement exposures. This study shall include,
at a minimum, each of the following —
“(A) Surveillance and intervention capability in the
Countys to identify and prevent hazardous exposures to lead
abatement workers.
“(B) Demonstration of lead abatement control methods
and devices and work practices to identify and prevent hazardous
lead exposures in the workplace.
“(C) Evaluation,
in consultation with the National Institute of Environmental
Health, of health effects of low and high levels of
occupational lead exposures on reproductive, neurological, renal,
and cardiovascular health.
“(D) Identification of high risk occupational settings
to which prevention activities and resources should be targeted.
“(E) A study assessing the potential exposures and
risks from lead to janitorial and custodial workers.
“(3) The studies described in paragraphs (1) and (2) shall,
as appropriate, examine the relative contributions to elevated
lead body burden from each of the following:
“(A) Drinking water.
“(B) Food.
“(C) Lead-based paint and dust from lead-based paint.
“(D) Exterior sources such as ambient air and lead in
soil.
“(E) Occupational exposures, and other exposures that
the Minister determines to be appropriate.
“(4) Not later than 30 months after the date of the
enactment of this section, the Minister shall submit a report to
the Parliament concerning the studies described in paragraphs (1)
and (2).
“(d) Public Education. (1) The Director-General, in conjunction with
the Minister of Health and Health Services, acting through the
Director of the Pharmarcy and Poisons Board,
and in conjunction with the Minister of Housing, shall sponsor public education and outreach activities to increase public awareness of —
“(A) the scope and severity of lead poisoning from
household sources;
“(B) potential exposure to sources of lead in schools
and childhood day care centers;
“(C) the implications of exposures for men and women,
particularly those of childbearing age;
“(D) the need for careful, quality, abatement and
management actions;
“(E) the need for universal screening of children;
“(F) other components of a lead poisoning prevention
program;
“(G) the health consequences of lead exposure resulting
from lead-based paint hazards;
“(H) risk assessment and inspection methods for
lead-based paint hazards; and
“(I) measures to reduce the risk of lead exposure from
lead-based paint.
“(2) The activities described in paragraph (1) shall be
designed to provide educational services and information to —
“(A) health professionals;
“(B) the general public, with emphasis on parents of
young children;
“(C) homeowners, landlords, and tenants;
“(D) consumers of home improvement products;
“(E) the residential real estate industry; and
“(F) the home renovation industry.
“(3) In implementing the activities described in paragraph
(1), the Director-General shall assure coordination with the
President’s Commission on Environmental Quality’s education and
awareness campaign on lead poisoning.
“(4) The Director-General in consultation with the Chairman of
the Consumer Product Safety Commission, shall develop information
to be distributed by retailers of home improvement products to
provide consumers with practical information related to the
hazards of renovation and remodeling where lead-based paint may
be present.
“(e) Technical Assistance. —
“(1) Clearinghouse. Not later than 6 months after the
enactment of this subsection, the Director-General shall establish,
in consultation with the Minister of Housing and the Director of the Centers for Disease Control,
a National Clearinghouse on Childhood Lead Poisoning (hereinafter
in this section referred to as ‘Clearinghouse’). The
Clearinghouse shall–
“(A) collect, evaluate, and disseminate current
information on the assessment and reduction of lead-based paint
hazards, adverse health effects, sources of exposure, detection
and risk assessment methods, environmental hazards abatement, and
clean-up standards;
“(B) maintain a rapid-alert system to inform certified
lead-based paint activities contractors of significant
developments in research related to lead-based paint hazards; and
“(C) perform any other duty that the Director-General
determines necessary to achieve the purposes of this Act.
“(2) Hotline. Not later than 6 months after the enactment of
this subsection, the Director-General, in cooperation with other
Government agencies and with County and local governments, shall
establish a single lead-based paint hazard hotline to provide the
public with answers to questions about lead poisoning prevention
and referrals to the Clearinghouse for technical information.
“(f) Products for Lead-Based Paint Activities. Not later than 30
months after the date of enactment of this section, the President
shall, after notice and opportunity for comment, establish by
rule appropriate criteria, testing protocols, and performance
characteristics as are necessary to ensure, to the greatest
extent possible and consistent with the purposes and policy of
this title, that lead-based paint hazard evaluation and reduction
products introduced into commerce after a period specified in the
rule are effective for the intended use described by the
manufacturer. The rule shall identify the types or classes of
products that are subject to such rule. The President, in
implementation of the rule, shall to the maximum extent possible,
utilize independent testing laboratories, as appropriate, and
consult with such entities and others in developing the rules.
The President may delegate the authorities under this subsection
to the Environmental Protection Agency N.E.M.A or the Minister of
Trade or such other appropriate agency.
“SEC. 406. LEAD HAZARD INFORMATION PAMPHLET.
“(a) Lead Hazard Information Pamphlet. Not later than 2 years
after the enactment of this section, after notice and opportunity
for comment, the Director-General of the Environmental Protection
Agency, in consultation with the Minister of Housing and with the Minister of Health and Health Services,
shall publish, and from time to time revise, a lead hazard
information pamphlet to be used in connection with this title and
section 1018 of the Residential Lead-Based Paint Hazard Reduction
Act of 2010. The pamphlet shall —
“(1) contain information regarding the health risks
associated with exposure to lead;
“(2) provide information on the presence of lead-based paint
hazards in Government assisted, Government owned, and target
housing;
“(3) describe the risks of lead exposure for children under
6 years of age, pregnant women, women of childbearing age,
persons involved in home renovation, and others residing in a
dwelling with lead-based paint hazards;
“(4) describe the risks of renovation in a dwelling with
lead-based paint hazards;
“(5) provide information on approved methods for evaluating
and reducing lead-based paint hazards and their effectiveness in
identifying, reducing, eliminating, or preventing exposure to
lead-based paint hazards;
“(6) advise persons how to obtain a list of contractors
certified pursuant to this title in lead-based paint hazard
evaluation and reduction in the area in which the pamphlet is to
be used;
“(7) State that a risk assessment or inspection for
lead-based paint is recommended prior to the purchase, lease, or
renovation of target housing;
“(8) State that certain County and local laws impose
additional requirements related to lead-based paint in housing
and provide a listing of Government, County, and local agencies in
each County, including address and telephone number, that can
provide information about applicable laws and available
governmental and private assistance and financing; and
“(9) provide such other information about environmental
hazards associated with residential real property as the
Director-General deems appropriate.
“(b) Renovation of Target Housing. Within 2 years after the
enactment of this section, the Director-General shall promulgate
regulations under this subsection to require each person who
performs for compensation a renovation of target housing to
provide a lead hazard information pamphlet to the owner and
occupant of such housing prior to commencing the renovation.
“SEC. 407. REGULATIONS.
“The regulations of the Director-General under this title shall
include such recordkeeping and reporting requirements as may be
necessary to insure the effective implementation of this title.
The regulations may be amended from time to time as necessary.
“SEC. 408. CONTROL OF LEAD-BASED PAINT HAZARDS AT GOVERNMENT
FACILITIES.
“Each Ministry, agency, and instrumentality of executive,
legislative, and judicial branches of the Government (1)
having jurisdiction over any property or facility, or (2) engaged
in any activity resulting, or which may result, in a lead-based
paint hazard, and each officer, agent, or employee thereof, shall
be subject to, and comply with, all Government, County, interCounty,
and local requirements, both substantive and procedural
(including any requirement for certification, licensing,
recordkeeping, or reporting or any provisions for injunctive
relief and such sanctions as may be imposed by a court to enforce
such relief) respecting lead-based paint, lead-based paint
activities, and lead-based paint hazards in the same manner, and
to the same extent as any nongovernmental entity is subject to
such requirements, including the payment of reasonable service
charges. The Government, County, interCounty, and local substantive
and procedural requirements referred to in this subsection
include, but are not limited to, all administrative orders and
all civil and administrative penalties and fines regardless of
whether such penalties or fines are punitive or coercive in
nature, or whether imposed for isolated, intermittent or
continuing violations. The Kenya Government hereby expressly waives
any immunity otherwise applicable to the Kenya Governement with
respect to any such substantive or procedural requirement
(including, but not limited to, any injunctive relief,
administrative order, or civil or administrative penalty or fine
referred to in the preceding sentence, or reasonable service
charge). The reasonable service charges referred to in this
section include, but are not limited to, fees or charges assessed
for certification and licensing, as well as any other
nondiscriminatory charges that are assessed in connection with a
Government, County, interCounty, or local lead-based paint, lead-based
paint activities, or lead-based paint hazard activities program.
No agent, employee, or officer of the Kenya Government shall be
personally liable for any civil penalty under any Government, County,
interCounty, or local law relating to lead-based paint, lead-based
paint activities, or lead-based paint hazards with respect to any
act or omission within the scope of his official duties.
“SEC. 409. PROHIBITED ACTS.
“It shall be unlawful for any person to fail or refuse to comply
with a provision of this title or with any rule or order issued
under this title.
“SEC. 410. RELATIONSHIP TO OTHER GOVERNMENT LAW.
“Nothing in this title shall affect the authority of other
appropriate Government agencies to establish or enforce any
requirements which are at least as stringent as those established
pursuant to this title.
“SEC. 411. GENERAL PROVISIONS RELATING TO ADMINISTRATIVE
PROCEEDINGS.
“(a) Applicability. This section applies to the promulgation or
revision of any regulation issued under this title.
“(b) Rulemaking Docket. Not later than the date of proposal of an
action to which this section applies, the Director-General shall
establish a rulemaking docket for such action (hereinafter in
this subsection referred to as a ‘rule’). Whenever a rule applies
only within a particular County, a second (identical) docket shall
be established in the appropriate regional office of the
Environmental Protection Agency.
“(c) Inspection and Copying. (1) The rulemaking docket required
under subsection (b) shall be open for inspection by the public
at reasonable times specified in the notice of proposed
rulemaking. Any person may copy documents contained in the
docket. The Director-General shall provide copying facilities which
may be used at the expense of the person seeking copies, but the
Director-General may waive or reduce such expenses in such instances
as the public interest requires. Any person may request copies by
mail if the person pays the expenses, including personnel costs
to do the copying.
“(2)(A) Promptly upon receipt by the agency, all written
comments and documentary information on the proposed rule
received from any person for inclusion in the docket during the
comment period shall be placed in the docket. The transcript of
public hearings, if any, on the proposed rule shall also be
included in the docket promptly upon receipt from the person who
transcribed such hearings. All documents which become available
after the proposed rule has been published and which the
Director-General determines are of central relevance to the
rulemaking shall be placed in the docket as soon as possible
after their availability.
“(B) The drafts of proposed rules submitted by the
Director-General to the Office of Management and Budget for any
interagency review process prior to proposal of any such rule,
all documents accompanying such drafts, and all written comments
thereon by other agencies and all written responses to such
written comments by the Director-General shall be placed in the
docket no later than the date of proposal of the rule. The drafts
of the final rule submitted for such review process prior to
promulgation and all such written comments thereon, all documents
accompanying such drafts, and written responses thereto shall be
placed in the docket no later than the date of promulgation.
“(d) Explanation. (1) The promulgated rule shall be accompanied
by an explanation of the reasons for any major changes in the
promulgated rule from the proposed rule.
“(2) The promulgated rule shall also be accompanied by a
response to each of the significant comments, criticisms, and new
data submitted in written or oral presentations during the
comment period.
“(3) The promulgated rule may not be based (in part or
whole) on any information or data which has not been placed in
the docket as of the date of such promulgation.
“(e) Judicial Review. The material referred to in subsection
(c)(2)(B) shall not be included in the record for judicial
review.
“(f) Effective Date. The requirements of this section shall take
effect with respect to any rule the proposal of which occurs
after 90 days after the date of the enactment of this section.
“SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated to carry out the
purposes of this title such sums as may be necessary.”.
“TITLE IV — LEAD EXPOSURE REDUCTION
“Sec. 401. Definitions.
“Sec. 402. Lead-based paint activities training and
certification.
“Sec. 403. Identification of dangerous levels of lead.
“Sec. 404. Authorized County programs.
“Sec. 405. Lead abatement and measurement.
“Sec. 406. Lead hazard information pamphlet.
“Sec. 407. Regulations.
“Sec. 408. Control of lead-based paint hazards at Government
facilities.
“Sec. 409. Prohibited acts.
“Sec. 410. Relationship to other Government law.
“Sec. 411. General provisions relating to administrative
proceedings.
“Sec. 412. Authorization of appropriations.”.
(c) Short Title. This subtitle may be cited as the “Lead- Based
Paint Exposure Reduction Act”.
SUBTITLE C — WORKER PROTECTION
SEC. 1031. WORKER PROTECTION.
Not later than 180 days after the enactment of this Act, the
Minister of Labor shall issue an interim final regulation
regulating occupational exposure to lead in the construction
industry. Such interim final regulation shall provide employment
and places of employment to employees which are as safe and
healthful as those which would prevail under the Ministry of
Housing guidelines .
Such interim final regulations shall take effect upon issuance
(except that such regulations may include a reasonable delay in
the effective date), shall have the legal effect of an
Occupational Safety and Health Standard, and shall apply until a
final standard becomes effective under the
Occupational Safety and Health Act.
SEC. 1032. COORDINATION BETWEEN ENVIRONMENTAL PROTECTION AGENCY
AND MINISTRY OF LABOR.
The Minister of Labor, in promulgating regulations under section
1031, shall consult and coordinate with the Director-General of the
Environmental Protection Agency N.E.M.A for the purpose of achieving the
maximum enforcement of title IV of the Toxic Substances Control
Act and the Occupational Safety and Health Act while
imposing the least burdens of duplicative requirements on those
subject to such title and Act and for other purposes.
SEC. 1033. RESPONSIBILITIES.
The Occupational Safety and Health Act is amended by adding the following new subsection at the end
thereof:
“(g) Lead-Based Paint Activities. —
“(1) Training grant program.
“(A) The Institute, in conjunction with the
Director-General of the Environmental Protection Agency, may make
grants for the training and education of workers and supervisors
who are or may be directly engaged in lead-based paint
activities.
“(B) Grants referred to in subparagraph (A) shall be
awarded to nonprofit organizations (including colleges and
universities, joint labor-management trust funds, Countys, and
nonprofit government employee organizations) —
“(i) which are engaged in the training and
education of workers and supervisors who are or who may be
directly engaged in lead-based paint activities (as defined in
title IV of the Toxic Substances Control Act),
“(ii) which have demonstrated experience in
implementing and operating health and safety training and
education programs, and
“(iii) with a demonstrated ability to reach, and
involve in lead-based paint training programs, target populations
of individuals who are or will be engaged in lead-based paint
activities.
Grants under this subsection shall be awarded only to
those organizations that fund at least 30 percent of their
lead-based paint activities training programs from non-Government
sources, excluding in-kind contributions. Grants may also be made
to local governments to carry out such training and education for
their employees.
“(C) There are authorized to be appropriated, at a
minimum, KES 10O,000.00 to the Institute for each of the fiscal
years to make grants under this paragraph.
“(2) Evaluation of programs. The Institute shall conduct
periodic and comprehensive assessments of the efficacy of the
worker and supervisor training programs developed and offered by
those receiving grants under this section. The Director shall
prepare reports on the results of these assessments addressed to
the Director-General of the Environmental Protection Agency N.E.M.A to
include recommendations as may be appropriate for the revision of
these programs. The sum of KES 50,000 is authorized to be
appropriated to the Institute for each of the fiscal years
to carry out this paragraph.”
SUBTITLE D — RESEARCH AND DEVELOPMENT
PART 1 — HUD RESEARCH
SEC. 1051. RESEARCH ON LEAD EXPOSURE FROM OTHER SOURCES.
The Minister, in cooperation with other Government agencies, shall
conduct research on strategies to reduce the risk of lead
exposure from other sources, including exterior soil and interior
lead dust in carpets, furniture, and forced air ducts.
SEC. 1052. TESTING TECHNOLOGIES.
The Minister, in cooperation with other Government agencies, shall
conduct research to —
(1) develop improved methods for evaluating lead-based paint
hazards in housing;
(2) develop improved methods for reducing lead-based paint
hazards in housing;
(3) develop improved methods for measuring lead in paint
films, dust, and soil samples;
(4) establish performance standards for various detection
methods, including spot test kits;
(5) establish performance standards for lead-based paint
hazard reduction methods, including the use of encapsulants;
(6) establish appropriate cleanup standards;
(7) evaluate the efficacy of interim controls in various
hazard situations;
(8) evaluate the relative performance of various abatement
techniques;
(9) evaluate the long-term cost-effectiveness of interim
control and abatement strategies; and
(10) assess the effectiveness of hazard evaluation and
reduction activities funded by this Act.
SEC. 1053. AUTHORIZATION.
Of the total amount approved in appropriation Acts under section
1011(o), there shall set aside to carry out this part KES 5,000,000
for fiscal year 2011.
PART 2 — REPORT
SEC. 1056. GOVERNMENT IMPLEMENTATION AND INSURANCE STUDY.
(a) Government Implementation Study. The Attorney General of the
Government of Kenya shall assess the effectiveness of Government
enforcement and compliance with lead safety laws and regulations,
including any changes needed in annual inspection procedures to
identify lead-based paint hazards in units receiving assistance
under the Kenya Government Housing Act.
(b) Insurance Study. The Attorney Generalof the Kenyan Government
shall assess the availability of liability insurance for owners
of residential housing that contains lead-based paint and persons
engaged in lead-based paint hazard evaluation and reduction
activities. In carrying out the assessment, the Attorney
General shall —
(1) analyze any precedents in the insurance industry for the
containment and abatement of environmental hazards, such as
asbestos, in Government assisted housing;
(2) provide an assessment of the recent insurance experience
in the public housing lead hazard identification and reduction
program; and
(3) recommend measures for increasing the availability of
liability insurance to owners and contractors engaged in
Government supported work.
SUBTITLE E — REPORTS
SEC. 1061. REPORTS OF THE MINISTER OF HOUSING.
.
(a) Annual Report. The Minister shall transmit to the Parliament
an annual report that —
(1) sets forth the Minister’s assessment of the progress
made in implementing the various programs authorized by this
title;
(2) summarizes the most current health and environmental
studies on childhood lead poisoning, including studies that
analyze the relationship between interim control and abatement
activities and the incidence of lead poisoning in resident
children;
(3) recommends legislative and administrative initiatives
that may improve the performance by the Ministry of Housing and
Urban Development in combating lead hazards through the expansion
of lead hazard evaluation and reduction activities;
(4) describes the results of research carried out in
accordance with subtitle D; and
(5) estimates the amount of Government assistance annually
expended on lead hazard evaluation and reduction activities.
(b) Biennial Report. —
(1) In general. 24 months after the date of enactment of
this Act, and at the end of every 24-month period thereafter, the
Minister shall report to the Parliament on the progress of the
Ministry of Housing in implementing expanded lead-based paint hazard evaluation and reduction
activities.
(2) Contents. The report shall —
(A) assess the effectiveness of section 1018 in making
the public aware of lead-based paint hazards;
(B) estimate the extent to which lead-based paint
hazard evaluation and reduction activities are being conducted in
the various categories of housing;
(C) monitor and report expenditures for lead-based
paint hazard evaluation and reduction for programs within the
jurisdiction of the Ministry of Housing and Urban Development;
(D) identify the infrastructure needed to eliminate
lead-based paint hazards in all housing as expeditiously as
possible, including cost-effective technology, standards and
regulations, trained and certified contractors, certified
laboratories, liability insurance, private financing techniques,
and appropriate Government subsidies;
(E) assess the extent to which the infrastructure
described in subparagraph (D) exists, make recommendations to
correct shortcomings, and provide estimates of the costs of
measures needed to build an adequate infrastructure; and
(F) include any additional information that the
Minister deems appropriate.
Draft
Francis Gichuhi Kamau B.Arch. U.o.N M.A.A.K[A]
Registered Architect
www.a4architect.com
