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5.17.2001
The war on lead paint
Senate panel approves law seeking to curb poisoning
BY PETER B. LORD
Journal Environment Writer
PROVIDENCE
-- Lawyers, mothers, child advocates and insurance-industry representatives
called on the state last night during a sometimes emotional hearing to
do more to stop the thousands of childhood lead poisonings in Rhode Island
each year.
A Senate committee responded quickly and decisively. But not in a way
that pleased everyone.
The Senate Committee on Health Education and Welfare unanimously approved
Senate Bill 871, a revised bill that Sen. Thomas J. Izzo, D-Cranston,
crafted after years of talks and negotiations with a wide range of groups
interested in the lead-paint problem. This is the third year Izzo sponsored
the legislation.
But controversy erupted because lead advocacy and environmental groups
split sharply from backing Izzo's bill and supported competing legislation
that was introduced by state Sen. Catherine E. Graziano, D-Providence.
The split created several angry moments during the 21/2-hour hearing.
Both bills were designed to get landlords to clean up deteriorating lead
paint in their buildings. Last year alone, nearly 3,000 young children
in Rhode Island were poisoned, most by the lead paint prevalent in so
much of Rhode Island's older housing. The poisoning rate is much higher
among the urban poor and minorities.
Izzo said he is worried because while the number of poisonings has been
declining over the years, the decline has slowed.
"What's of grave concern to me is that I see the drop is almost a leveling
off. I think we are now facing -- because of the nature of our housing
stock -- a much more challenging situation. We have documented reasons
to be extraordinarily concerned. We're not where we want to be."
Without favoring either bill, state Health Director Patricia A. Nolan
called on the committee to take action.
"This is an extraordinarily important issue for health and housing," Nolan
said. "We urge you to come forward with a proposal that will help us do
our jobs better."
Lead in housing is now regulated by a bill passed 10 years ago. Several
witnesses complained that children are still poisoned because that law
is so poorly enforced.
Izzo's bill makes key revisions to that law. The bill protects landlords
who comply with state lead standards from lawsuits by tenants should children
still get poisoned. It provides more lead-education programs, offers easier
cleanup standards for many houses so more can comply and calls for a statewide
plan to coordinate state efforts.
Izzo's bill also offers state income-tax credits to landlords who clean
up lead and harsher punishment -- up to felony charges -- for those who
poison children and refuse to comply with the law.
The alternative bill, supported by Childhood Lead Action Project, the
Environment Council of Rhode Island and others, takes away the current
"innocent owner" status that protects most landlords from lawsuits.
The advocates' bill also mandates lead coverage in liablity policies sold
in Rhode Island, and offers a property-tax credit of up to $3,500 a year
to help reimburse landlords for abatement work.
Suzanne Alden, representing CLAP, the only advocacy group focusing solely
on lead, said CLAP opposed the Izzo bill because it removes the abililty
to sue landlords who poison children and it includes a provision to let
landlords certify their own houses as safe.
Several senators argued that the CLAP bill -- by requiring mandatory insurance
coverage and granting landlords credits on local property taxes -- would
be nearly impossible to win legislative approval.
Sen. John M. Roney, D-Providence, asked Alden if she'd rather see no bill
passed than Izzo's bill.
"Unfortunately, some of the provisions would bring us a big step backwards
from where we are now," Alden said. "Taking away legal rights of low-income
kids is a big step backwards."
"Then I think you'll have to accept some of the responsiblty if there
is no lead poisoning legislation for another two years because of your
position," Roney said.
There was another sharp exchange when Monica Staaf, legal counsel for
the Rhode Island Assocation of Realtors, said her group opposed Izzo's
bill because it had more penalties for landlords, but no benefits.
Izzo glared at Staaf and questioned whether she ever read his bill.
"The Realtors have opposed virtually anything and everything we've done
here," Izzo said. "You have continually misled people about this bill.
And last year you took out an ad that was blatantly untrue. You were invited
to contribute positive suggestions. And all you can do is criticize."
Earlier in the day, a dozen parents and lead activists marched to Nolan's
offices to demand more help for mothers trying to protect their children
from lead. Nolan left without seeing them.
The activists asked the Health Department to make available a data base
of houses where children have been poisoned by lead, such as the one provided
on The Journal's Web site, projo.com, as part of a series of stories on
lead this week. They also asked the state to broaden its response when
children are poisoned -- to inspect all units in a building rather than
just the apartment where the children live.
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