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1.31.2001
Adversaries unite to advance a lead bill
• Sen. Thomas J. Izzo says he's willing to compromise to get a bill passed to protect the state's children.
BY PETER B. LORD
Journal Environment Writer
PROVIDENCE
-- Just about anyone who cared about lead paint reform legislation walked away angry when the General Assembly killed every lead bill that was submitted last year. But yesterday, many of the advocates -- including some of last year's bitter opponents -- agreed to put aside their grievances and try to negotiate one bill that would keep children from being poisoned.
"We have some kids who need our help," state Sen. Thomas J. Izzo, D-Cranston, said to about three-dozen legislators, lobbyists, child advocates and state officials -- including several who lobbied hard against his bill last year.
"They are our kids and our responsibility despite our individual interests, and I'm going to remain extraordinarily optimistic," Izzo said.
The retired educator said he agonized for weeks after his bill was killed in the final hours of the session last summer. It was the third consecutive year his bill died. Of all that, he said, "That last evening is in the past. It's taken me all of this time to realize it's not about me, and not about any of you. It's time to put our feelings aside, and start anew."
Two of Izzo's strongest opponents, lawyer Vincent L. Greene of Ness Motley and Elizabeth Colon, a leader of the Childhood Lead Action Project, an advocacy group, said they were willing to try to work together, too.
"I'm incredibly optimistic just that this meeting took place," Greene said afterwards. "Nobody was happy with how things ended last year. Already we have a different tone now. We're off to a dramatically different start from last year."
Izzo and Senate policy adviser Kenneth Payne rewrote last year's Senate bill and submitted it by last Thursday's deadline to the legislative counsel's office. Then they distributed copies of the bill to a wide range of lead paint experts yesterday morning in the Senate Lounge and asked for comments.
Greene and Colon said they submitted the same bills they offered last year in the House, but only to meet the tough new legislative deadlines imposed this year. They, too, said they were willing to compromise.
Izzo's bill and the CLAP bills presented last year took two different approaches to getting homeowners to clean up deteriorating lead paint that poisons thousands of children in Rhode Island each year. Tiny amounts of lead consumed by toddlers can cause learning and behavioral problems and delay the development of young children.
Izzo sought to encourage landlords to clean up their houses by lowering standards to make abatement cheaper, to provide education programs and tax credits and to mandate a statewide cleanup plan. In exchange, his bill would limit the liability of landlords who comply with the new rules.
CLAP and the trial lawyers argued that more houses would be cleaned up now if the state would simply follow its own rules and do better inspections.
And there was no way they would agree to barter away the right to sue for damages on behalf of children who are permanently damaged by lead. Also, they wanted mandatory insurance for landlords because so many owners of inner-city housing, where most of the poisonings occur, declare no assets when they lose suits.
In the final hours of the last legislative session, Izzo's bill had a chance to pass. Legislative leaders proposed letting victims sue landlords for pain and suffering as well as for medical and educational expenses.
The insurance companies agreed.
But the lawyers said no. They could not recall anyone winning damages in a lead poisoning case for pain and suffering. The real damages are future earnings, and they would be excluded by Izzo's bill.
This time, Izzo and Payne left out language on liability and insurance coverage from their bill. That could be negotiated later, they said.
The bill does charge the state Department of Business Regulation with ensuring that insurance companies doing business in Rhode Island no longer exclude lead coverage in their policies.
Elizabeth Burke Bryant, executive director of Kids Count, an advocacy group, said more could be accomplished if various groups worked to see that the most dangerous houses are fixed first and that every agency is doing what it can to help.
"Frustration builds when we all know there are laws on the books that could be used more effectively," she said. "We need to look at the big picture and the many players who need to be doing their best jobs."
Izzo said he felt even more compelled to take action this year because the state's housing shortage for the poor continues to worsen and no one entity has enough resources to solve the problem.
It's frustrating, he said, that there is Superfund and Brownfields legislation that sets aside millions of dollars to clean up toxic problems reqardless of whether they effect anyone's health. But there is no comparable program to clean up a problem that's on people's walls and poisons their children.
He said the state has to work with the federal government, nonprofit organizations and advocacy groups to provide clean and safe housing for poor children.
"We have a limited window of opportunity and if we don't grab it, we will lose it," Izzo said. "I continue to remain optimistic and to believe the time is right."
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