Grants for Eliminating the Toxic Hazard of Environmental Lead in Our Towns Act of 2019
A BILL
To eliminate lead-based pipe and tap hazards in housing, and for other purposes.
Sec. 2 Purposes
The purposes of this Act are as follows:
to develop a national strategy to build the infrastructure necessary to eliminate lead-based pipe and tap hazards in housing;
to reorient the national approach to the presence of lead-based pipe and taps in public and private homes to implement, on a priority basis, a program to evaluate and reduce lead-based pipe hazards in the Nation’s building stock;
to encourage effective action to prevent childhood lead poisoning by establishing a workable framework for lead-based pipe and tap hazard evaluation and reduction and by ending the current confusion over reasonable standards of care;
to ensure and implement the definitions of lead hazards in section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g–6) and ensure that the existence of lead-based pipe and taps hazards is taken into account in the development of Federal Government housing policies and in the sale, rental and renovation of homes, and apartments;
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 pipe and tap hazards;
to reduce the threat of childhood lead poisoning in housing owned, assisted, or transferred by the Federal Government; and
to educate the public concerning the hazards and sources of lead-based pipes and taps poisoning and steps to reduce and eliminate such hazards.
Sec. 3 Definitions
For purposes of this Act, the following definitions shall apply:
Abatement— The term abatement means any set of measures designed to permanently eliminate lead-based pipe hazards in accordance with standards established by appropriate Federal agencies. Such term includes—
the removal of lead-based pipes and taps;
all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures; and
all repair to damages post-abatement.
Certified contractor— The term certified contractor means—
a contractor, inspector, or supervisor who has completed a training program certified by the appropriate Federal agency and has met any other requirements for certification or licensure established by such agency or who has been certified by any State through a program which has been found by such Federal agency to be at least as rigorous as the Federal certification program; and
workers or designers who have fully met training requirements established by the appropriate Federal agency.
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 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 one or more persons.
Evaluation— The term evaluation means risk assessment, inspection, or risk assessment and inspection.
Federally assisted housing— The term federally assisted housing means residential dwellings receiving project-based assistance under programs including—
section 221(d)(3) or 236 of the National Housing Act (12 U.S.C. 1715l(d)(3); 1715z–1);
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); and
sections 502(a), 504, 514, 515, 516, and 533 of the Housing Act of 1949 (42 U.S.C. 1472(a); 1474; 1484; 1485; 1486; 1490m).
Federally owned housing— The term federally owned housing means residential dwellings owned or managed by a Federal agency, or for which a Federal agency is a trustee or conservator. For the purpose of this paragraph, the term Federal agency includes the Department of Housing and Urban Development, the Rural Housing Service of the Department of Agriculture, the Federal Deposit Insurance Corporation, the General Services Administration, the Department of Defense, the Department of Veterans Affairs, the Department of the Interior, the Department of Transportation, and any other Federal agency.
Federally supported work— The term federally supported work means any lead hazard evaluation or reduction activities conducted in federally owned or assisted housing or funded in whole or in part through any financial assistance program of the Department of Housing and Urban Development, the Rural Housing Service of the Department of Agriculture, or the Department of Veterans Affairs.
Inspection— The term inspection means an investigation to determine the presence of lead-based pipe or taps as provided in section 141.86 of the regulations of the Environmental Protection Agency (40 C.F.R. 181.46; relating to monitoring requirements for lead and copper in tap water) and the provision of a report explaining the results of the investigation.
Interim controls— The term interim controls means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based pipe hazards, including specialized cleaning, repairs, maintenance, ongoing monitoring of lead-based pipe or potential hazards, and the establishment and operation of management and resident education programs.
Lead-based pipe— The term lead-based pipe means any pipe, including fittings, taps, fixtures, solder, and flux that does not satisfy the definition of lead-free established under section 1417 of the Safe Drinking Water Act.
Lead-based pipe hazards— The term lead-based pipe hazards means any condition that causes exposure to lead from lead-based pipe that would result in adverse human health effects, as established by the Environmental Protection Agency.
Mortgage loan— The term mortgage loan includes any loan (other than temporary financing such as a construction loan) that—
is secured by a first lien on any interest in residential real property; and
either—
is insured, guaranteed, made, or assisted by the Department of Housing and Urban Development, the Department of Veterans Affairs, or the Rural Housing Service of the Department of Agriculture, or by any other agency of the Federal Government; or
is intended to be sold by each originating mortgage institution to any federally chartered secondary mortgage market institution.
Originating mortgage institution— The term originating mortgage institution means a lender that provides mortgage loans.
Priority housing— The term priority housing means housing that qualifies as affordable housing under section 215 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745), including housing that receives assistance under subsection (b) or (o) of section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
Public housing— The term public housing has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
Reduction— The term reduction means measures designed to reduce or eliminate human exposure to lead-based pipe hazards through methods including interim controls and abatement.
Residential dwelling— The term residential dwelling means—
a single-family dwelling, including attached structures such as porches and stoops; or
a single-family dwelling unit in a structure that contains more than 1 separate residential dwelling unit, 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 one or more persons.
Residential real property— The term residential real property means real property on which there is situated one 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 one or more persons.
Risk assessment— The term risk assessment means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based pipe hazards in residential dwellings, including—
information gathering regarding the age and history of the housing and occupancy by children under age 6;
visual inspection;
other activities as may be appropriate; and
provision of a report explaining the results of the investigation.
Secretary— The term Secretary means the Secretary of Housing and Urban Development.