LGC 6.7 - Lead Education and Decommissioning Act

[RC (a la Frémont)]

A BILL FOR AN ACT
keeping Lincoln families safe by educating the masses on lead’s dangers while phasing out its use within our region

BE IT ENACTED BY THE GENERAL COURT RESOLVED.

Section 1, TITLE.
1. The title of this Act shall be, the "Lead Education and Decommissioning Act."
1. The title of this Act may be abbreviated to, the "LEAD Act."

Section 2, EDUCATION.
1. All elementary schools receiving regional funding must adopt education regarding lead in their curriculums, either in grade 2, 3, 4, or 5.
2. The lead education curriculum shall communicate the following:
    (a) what lead is
    (b) health risks caused by lead exposure
    (c) how to detect it in the home, including but not limited to paint, water pipes, toys, jewelry, and others
    (d) methods of avoiding lead exposure and asking their parents about it
3. Section 2 of this bill shall take effect starting in the 2022-2023 school year.

Section 3, DEINTEGRATION.
1. No paint sold within the Region of Lincoln shall contain any trace amounts of lead.
2. The use of lead-based products, unless a reasonable alternative cannot be provided, in regionally funded projects is hereby banned.
3. No commercial gasoline sold to consumers in the Region of Lincoln shall contain any trace amounts of lead.

[KoopaDaQuick 🇵🇸]

Thank you. There is still plenty of lead-based housing across the region, and it's important to do something about it. Teaching your kids about harmful substances is important, but taking action is also important, hence the other section

pls vote aye

[RC (a la Frémont)]

I think its a good idea, just not sure if the grade range is the right way to go.

Would like to hear from our fellow court justices on this one.

[Mr. Reactionary]

I like the sentiments behind this bill. Lead poisoning can affect anyone but it is particularly harmful to younger children. I have to oversee demos and rehabs of 100 year old houses and there have been cases where homes we condemn have had tenants with babies with dangerously high lead blood levels.

Everything is section 3 is banned federally but a dual ban in Lincoln ensures that if fed law ever changes yall are still safe. IIRC one of the earlier characters I was portraying back in 2018 (who was an anarchist) attempted to allow leaded gasoline federally again, but it was shot down.

Good work.

[KoopaDaQuick 🇵🇸]

I like the sentiments behind this bill. Lead poisoning can affect anyone but it is particularly harmful to younger children. I have to oversee demos and rehabs of 100 year old houses and there have been cases where homes we condemn have had tenants with babies with dangerously high lead blood levels.

Everything is section 3 is banned federally but a dual ban in Lincoln ensures that if fed law ever changes yall are still safe. IIRC one of the earlier characters I was portraying back in 2018 (who was an anarchist) attempted to allow leaded gasoline federally again, but it was shot down.

Good work.

Thanks. I had a hard time finding bills about lead on the wiki, but I figured it was better safe than sorry.

[Mr. Reactionary]

IRL a physical copy of this pamphlet has to be included in any sale of a pre-78 house. In game we changed it so that sellers just have to include a link to a eebsite where its hosted. It has some good lead info.

https://www.epa.gov/sites/default/files/2020-04/documents/lead-in-your-home-portrait-color-2020-508.pdf

[KoopaDaQuick 🇵🇸]

IRL a physical copy of this pamphlet has to be included in any sale of a pre-78 house. In game we changed it so that sellers just have to include a link to a eebsite where its hosted. It has some good lead info.

https://www.epa.gov/sites/default/files/2020-04/documents/lead-in-your-home-portrait-color-2020-508.pdf

Interesting. Do you have the language in the bill that creates this provision? I'm interested in requiring a physical version too as not all houses have internet access.

[Mr. Reactionary]

From the Dumb Regulations Repeal Act, Section V, Clause 8.

8. The regulation mandating that persons selling houses include pamphlets on paint along with closing documents is hereby eliminated. 24 CFR 35.88 shall be amended accordingly.

The federal regulation it was addressing can be found at: https://www.law.cornell.edu/cfr/text/24/35.88

§ 35.88 Disclosure requirements for sellers and lessors.

(a) The following activities shall be completed before the purchaser or lessee is obligated under any contract to purchase or lease target housing that is not otherwise an exempt transaction pursuant to § 35.82. Nothing in this section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.

(1) The seller or lessor shall provide the purchaser or lessee with an EPA-approved lead hazard information pamphlet. Such pamphlets include the EPA document entitled Protect Your Family From Lead in Your Home (EPA −747-K-94-001) or an equivalent pamphlet that has been approved for use in that State by EPA.

(2) The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.

(3) The seller or lessor shall disclose to each agent the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased and the existence of any available records or reports pertaining to lead-based paint and/or lead-based paint hazards. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.

(4) The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. This requirement includes records and reports regarding common areas. This requirement also includes records and reports regarding other residential dwellings in multifamily target housing, provided that such information is part of an evaluation or reduction of lead-based paint and/or lead-based paint hazards in the target housing as a whole.

(b) If any of the disclosure activities identified in paragraph (a) of this section occurs after the purchaser or lessee has provided an offer to purchase or lease the housing, the seller or lessor shall complete the required disclosure activities prior to accepting the purchaser's or lessee's offer and allow the purchaser or lessee an opportunity to review the information and possibly amend the offer.

[61 FR 9082, Mar. 6, 1996, as amended at 64 FR 14382, Mar. 25, 1999]

The lead disclosure stuff was adopted in 1996, and in 1999 they added the bolded requirement to also give a copy of the physical pamphlet which wastes paper and is freely available online. The federal law we passed solely applies to the portion of this regulation about giving out the pamphlets, not the disclosures generally and the regulation only applied to housing secured by federal loans or guarantees (i.e transactions that are federal in nature).

If you want to do more, you could fill in the gaps at the Regional level by requiring these same disclosures for any non-exempt home sales and if you want to waste paper, the pamphlet rule. Since land sales are generally a local (or Regional in this game) area of regulation yall have more power over general home sales than does the federal government. The exemption it references is for any house or structure built before 1978 which was when lead paint was banned in all new construction and you can assume its safe.

When it comes to disclosures you basically can assume something is free from problems based on the year of construction. 1978 and after is safe from lead paint. 1984 and after is safe from asbestos. 1987 and after is safe from lead pipes. Hydrogen sulfide drywall is federally allowed but we recently banned it in the South since it can cause cancer so there is likely no safe cutoff date for yall in Lincoln. Radon is too geographically and structurally specific to have a useful cut off date for safety.

Hope this helps.

[KoopaDaQuick 🇵🇸]

Thank you. I know the paper thing may seem like a waste, but I still think it would do more to drive the word home than a link, although I see why one would oppose.

Proposing an amendment.

A BILL FOR AN ACT
keeping Lincoln families safe by educating the masses on lead’s dangers while phasing out its use within our region

BE IT ENACTED BY THE GENERAL COURT RESOLVED.

Section 1, TITLE.
1. The title of this Act shall be, the "Lead Education and Decommissioning Act."
1. The title of this Act may be abbreviated to, the "LEAD Act."

Section 2, EDUCATION.
1. All elementary schools receiving regional funding must adopt education regarding lead in their curriculums, either in grade 2, 3, 4, or 5.
2. The lead education curriculum shall communicate the following:
    (a) what lead is
    (b) health risks caused by lead exposure
    (c) how to detect it in the home, including but not limited to paint, water pipes, toys, jewelry, and others
    (d) methods of avoiding lead exposure and asking their parents about it
3. Section 2 of this bill shall take effect starting in the 2022-2023 school year.

Section 3, DEINTEGRATION.
1. No paint sold within the Region of Lincoln shall contain any trace amounts of lead.
2. The use of lead-based products, unless a reasonable alternative cannot be provided, in regionally funded projects is hereby banned.
3. No commercial gasoline sold to consumers in the Region of Lincoln shall contain any trace amounts of lead.

Section 4, HOUSING DISCLOSURE.
1. The seller or lessor of a house containing trace amounts of lead shall provide the purchaser or lessee with a lead hazard information pamphlet approved by the government of Lincoln before the purchaser or lessee is obligated under any contract to purchase or lease target housing.
2. Any and all agents, as well as either the seller or lessor shall be disclosed to by the purchaser or lessee of the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased before the purchaser or lessee is obligated under any contract to purchase or lease target housing.

Trying not to over-inflate the bill with too much bureaucratic mumbo jumbo, just enough to be rational.

[RC (a la Frémont)]

If there are no objections, the amendment will be adopted in 24 hours.

[RC (a la Frémont)]

Amendment has been adopted.

[KoopaDaQuick 🇵🇸]

Motion for a final vote

[RC (a la Frémont)]

72 hours to vote.

Aye

[Brother Jonathan]

Aye

[LAKISYLVANIA]

Aye

[KoopaDaQuick 🇵🇸]

Aye

[RC (a la Frémont)]

Legislation Passes 4-0, 1 not voting.

[KaiserDave]

Good work