Bill Text: NJ A4059 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits use of "Lead Hazard Control Assistance Fund" to test for lead hazards in water.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-09-15 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4059 Detail]
Download: New_Jersey-2016-A4059-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Permits use of "Lead Hazard Control Assistance Fund" to test for lead hazards in water.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning lead hazards in water and amending P.L.2003, c.311.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2003, c.311 (C.52:27D-437.3):
3. As used in this act:
"Commissioner" means the Commissioner of Community Affairs;
"Department" means the Department of Community Affairs;
"Eligible loan" means a loan made for the purpose of financing lead hazard control work in housing located in the State;
"Financial assistance" means loans and loan guarantees and grants, including grants to fund tests to determine lead levels in residential water systems;
"Fund" means the Lead Hazard Contro1 Assistance Fund established pursuant to section 4 of P.L.2003, c.311 (C.52:27D-437.4);
"Interim controls" means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint or water hazards, including specialized testing for lead in water, 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, or the term as it is defined under 42 U.S.C. s.4851b;
"Lead abatement" means a set of measures designed to permanently eliminate lead-based paint and water hazards in accordance with standards established by the commissioner, provided that such standards shall be consistent with applicable federal standards. The 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, the remediation or filtration of lead-contaminated water, and the removal or covering of lead contaminated soil; and
b. all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures;
"Lead-based paint" means paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law;
"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated water or dust or soil or lead-contaminated paint that is deteriorated or present in surfaces, that would result in adverse human health effects;
"Lead-based paint hazard inspection" means an inspection of a housing unit and the structure's interior common areas and exterior surface for the presence of lead-based paint and water hazards;
"Lead-safe housing" means housing in which a lead-based paint or water hazard risk has been significantly reduced through the use of interim controls as permitted under federal law and as defined in 42 U.S.C. s.4851b, housing that is lead-free or housing in which lead abatement has been performed;
"Lead hazard control work" means to test residential water sources and taps for lead, and work to make housing lead-safe, or to mitigate, through the use of interim controls as permitted under federal law and as defined in 42 U.S.C. s.4851b, or to eliminate permanently lead-based paint or water hazards on a premises by a business firm or person certified to perform lead abatement work pursuant to sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 et seq.) and sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 et seq.) and the costs of temporary relocation, determined by the commissioner to be necessary pursuant to rules prescribed by the commissioner, while lead hazard control work is being performed. The determination of the commissioner shall be subject to review and appeal pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.);
"Multifamily housing" means a dwelling unit in a multiple dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3);
"Project" means a group of buildings subject to P.L.1967, c.76 (C.55:13A-1 et seq.), as defined in section 3 of P.L.1967, c.76 (C.55:13A-3).
(cf: P.L.2003, c.311, s.3.)
2. This act shall take effect immediately.
STATEMENT
This bill amends the law governing the "Lead Hazard Control Assistance Fund" to allow those funds to be used to test for, and remediate, lead hazards in water. Current law only permits the fund to be used for lead hazards relative to paint and soil.
