01-26-1993 PTRC Meeting MInutes - Laserfiche WebLink

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Env 1ron1'11en NMI MHC Update '€ f E 1 1 1 National Multi Housing Council-Suite 540.1850 M Street,NW•Washington,DC 20036 November 13, 1992 LEAD •President Sips Lead Bill: On October 29,President Bush signed into law the"Housing and Community Development Act of 1992" (HJL 5334). Included as Title X is the "Residential Lead-Based Paint Hazard Reduction Act of,1992 which is intended to reduce lead-teased paint hazards for those in high-risk categories such as children under the age of seven and pregnant women. The law incorporates most of the provisions included in the"National Affordable Housing Act Amendments of 1992" (S;3031)and approved by the Se=e ui Jwic (Sce tlic AL;;;- Z.. iionni�ental UGn'l.i O Also included in the iaW are �ci�ain piOVlSlOnS from a proposed bill (HR. 5730) introduced by Congressmen Henry Waxman (D-CA) and Al Swift (D-WA) that will (1) require the U.S. Environmental Protection Agency (EPA) to establish or approve state training and certification requirements on lead contractors and (2) direct the U.S. Occupational Safety and Health Administration (OSHA) to issue interim final regulations on acceptable worker exposure to lead in the construction industry. Because of its emphasis on creating lead-safe, rather than lead-free housing, and its sensitivity to the impact of the provisions on housing affordability, the legislation has been supported by NMHC, NAA, and other national real estate organizations who participated actively in drafting and negotiating the legislation. The following is a brief summary of key provisions that will affect the multifamily industry: • • The definition of lead-based paint hazard requires a finding of adverse human health effects. ♦ The Act provides grants to states to evaluate and reduce lead-based paint hazards in non-public and non-federally assisted housing. ♦ Owners of assisted housing (i.e. projects receiving $5,000 or more in project-based assistance) must (1) provide tenants with lead hazard information packets, (2) conduct periodic risk assessments and interim controls pursuant to a schedule to be established by the Secretary of the U.S. Department of Housing and Urban Development (HUD), (3) inspect for lead-based paint prior to receipt of federal funds for residential renovation or rehabilitation work that is likely to disturb lead-based painted surfaces,(4)reduce lead-based paint hazards in the course of rehabilitating projects receiving less than $25,000 per unit, (5) abate lead-based paint hazards when rehabilitating projects receiving more than$25,000 per unit,and(6)notify tenants when inspections and lead hazard reduction activities are carried out. ♦ For federally-owned housing, properties must be (1) inspected, and lead-based paint hazards must be abated,by January 1, 1995 for all units built prior to 1960, (2) inspected for lead-based paint and lead-based paint hazards by January 1, 1995 for all units built between 1960 and 1978, and (3) the results of such inspections must be made available to prospective purchasers. ♦ The HUD Secretary is to create an advisory task force that will include representatives of property managers, tenants, primary lending institutions, private mortgage insurers, single-family and multifamily real estate interests,and others. ♦ The HUD Socretary and EPA AdnunisG3toi must promulgate regt;lauorls within two years that will requim (1) the disclosure of known lead-based paint or lead-based paint hazards upon the sale or lease of a residential unit, (2) distribution of a lead hazard information packet,and (3) a 10-day period (unless the parties agree to a shorter time period), prior to completion of sale, to allow I rospective purchasers to conduct a lead inspection or risk assessment. ♦ EPA shall write regulations for renovation activities which may create risk of exposure to dangerous levels of lead. Regulations are to be distributed through hardware stores, employee organizations, trade groups, state and local agencies,and other means. Although the law authorizes the expenditure of up to $125 million in fiscal year 1993 and$250 million in fiscal year 1994 for grants for lead-based paint hazard reduction in targeted housing, it does not provide a mechanism to finance lead hazard inspections, abatement and hazard reduction activities. • House Fails to Report Lead Legislation: The House failed to act on H.R. 5730, lead legislation reported favorably by the House Energy and Commerce Committee on August 5. The bill contained provisiors from measures introduced by Congressmen Henry A. Waxman (D-CA) and Al Swift (D-WA) that had been favorably reported from subcommittee several months earlier. Most significantly, provisions to address problems arising from lead in water and lead-based paint in housing had been deleted for jurisdictional reasons. Mr.Waxman intended to offer the housing related lead paint testing and disclosure provisions as an amendment if H.R. 5730 had come to the House floor. A special NMHC/NAA Lead-Based Paint Task Force had worked closely with Mr. Waxman's staff and had won significant improvements to these provisions. The task force included leading multifamily housing professionals and attorneys from various parts of the country. The changes would have considerably improved the impact of the proposed legislation on the multifamily industry. Sponsors of the legislation, however, ran short of time and were unable to cause