Rhode Island HB 5318: AN ACT RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT (Establishes a lead service line replacement program, using federal funds provided by IIJA for public and private service lines.)

Bill Text

2023 -- H 5318
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LC000920
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT
Introduced By: Representatives Morales, Kislak, Carson, Cortvriend, Casimiro, Vella-
Wilkinson, Diaz, Giraldo, Hull, and Felix
Date Introduced: February 01, 2023
Referred To: House Finance

It is enacted by the General Assembly as follows:
SECTION 1. Section 23-24.6-4 of the General Laws in Chapter 23-24.6 entitled "Lead 1
Poisoning Prevention Act" is hereby amended to read as follows: 2
23-24.6-4. De finitions . 3
For the purposes of this chapter: 4
(1) "Apprenticeable" means any nationally-recognized occupation that has a pre-existing 5
registered apprenticeship program approved pursuant to 29 C.F.R. Part 29 and Part 30. 6
(2) "Approved apprenticeship program" or "apprenticeship program" means an 7
apprenticeship program that has been approved by the U.S. Department of Labor, or by a 8
recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such 9
programs shall not include those that have obtained only provisional approval status. The required 10
apprenticeship programs may either be programs that have specifically allocated funding and are 11
subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. 12
("ERISA"), or non-ERISA programs financed by general funds of employers. 13
(1)(3) “Childhood lead poisoning” means a confirmed venous blood lead level, measured 14
in micrograms of lead per deciliter of whole blood, established by rule by the Rhode Island 15
department of health based on the best available information about the effects of elevated blood 16
lead levels. 17
(2)(4) “Comprehensive environmental lead inspection” means the inspection of any 18
structure or premises for the presence of lead in various media and includes sampling as may be 19

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necessary or expedient in order to determine compliance in the structure or premises with standards 1
for being lead safe or lead free. 2
(3)(5) “Department” means the state department of health. 3
(4)(6) “Director” means the director of health. 4
(5)(7) “Dwelling” means any enclosed space which is wholly or partly used or intended to 5
be used for living or sleeping by human occupants. 6
(6)(8) “Dwelling unit” means any room or group of rooms located within a dwelling and 7
forming a single habitable unit with facilities which are used or intended to be used for living, 8
sleeping, cooking, and eating. 9
(7)(9) “Environment intervention blood lead level” means a confirmed concentration, in a 10
person under six (6) years of age, of lead in whole blood of greater than or equal to twenty (20) 11
micrograms per deciliter for a single test or for fifteen (15) to nineteen (19) micrograms per decilite r 12
for two (2) tests taken at least three (3) months apart or as defined by the department consistent 13
with regulations adopted by the U.S. Department of Housing and Urban Development. 14
(8)(10) “Environmental lead hazard reduction” means activities undertaken by or on behalf 15
of a property owner in order to achieve lead free or lead safe status pursuant to the requirements of 16
this chapter. 17
(11) "Federal EPA Lead and Copper Rule Revisions" means federal regulations issued by 18
the U.S. Environmental Protection Agency related to minimizing lead and copper levels in drinking 19
water found at the Federal Register (86 FR 31939), as updated from time to time. 20
(12) "Full lead service line replacement" means the replacement of a lead service line that 21
results in the entire length, including lead goosenecks or other lead connectors, of the service line. 22
(13) "Galvanized service line" means iron or steel piping that has been dipped in zinc to 23
prevent corrosion or rusting. 24
(14) "Galvanized requiring replacement" means where a galvanized service line is or was 25
at any time downstream of a lead service line or is currently downstream of a service line. 26
(15) "IIJA" means the federal Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 27
(2021) relating to drinking water found at Division E, Title I. 28
(9)(16) “Inspection” means the inspection, other than a comprehensive environmental lead 29
inspection, of any structure or premises undertaken to determine compliance with the requirements 30
of this chapter or with orders issued pursuant to this chapter. 31
(10)(17) “Insurer” means every medical service corporation, hospital service corporation, 32
health maintenance organization, or other insurance company offering and/or insuring health 33
services; the term includes any entity defined as an insurer under § 42-62-4. 34

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(11)(18) “Lead contractor” means any person or entity engaged in lead hazard reduction as 1
a business and includes consultants who design, perform, oversee, or evaluate lead hazard reduction 2
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