CHAPTER 314
SB 250 – FINAL VERSION
03/16/06 1284s
26Apr2006… 2060h
05/24/06 2246CofC
05/24/06…2384eba
2006 SESSION
01/03
SENATE BILL 250
AN ACT relative to lead paint poisoning prevention.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Martel, Dist 18; Sen. Fuller Clark, Dist 24; Rep. Craig, Hills 9; Rep. DeVries, Hills 15
COMMITTEE: Environment and Wildlife
This bill clarifies enforcement procedures regarding orders of lead hazard reductions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/06 1284s
26Apr2006… 2060h
05/24/06 2246CofC
05/24/06…2384eba
06-2549
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to lead paint poisoning prevention.
Be it Enacted by the Senate and House of Representatives in General Court convened:
314:1 Reference Deleted. Amend RSA 130-A:2, I(c) to read as follows:
(c) Collect fees for the issuance of licenses and certificates under RSA 130-A:2, I(a), (b), and (h)[, and (k)].
314:2 Lead Paint Poisoning Prevention; Enforcement. Amend RSA 130-A:7, II(c) to read as follows:
(c) The period of time within which lead hazard reduction shall be completed. The time period for lead hazard reduction of an occupied dwelling or dwelling unit shall not exceed 90 days except that the period may[, upon request of the person to whom the order is issued, be extended by the commissioner for a time period not to exceed 60 days when sufficient reason is presented for not being able to meet the conditions of the order within the 90-day period] be extended at the discretion of the commissioner for the period of time determined to be reasonable by the commissioner under the circumstances of the case.
314:3 Lead Paint Poisoning Prevention; Enforcement. Amend RSA 130-A:7, III to read as follows:
III. Any person subject to an order issued under this section may petition the superior court to review such order. The commissioner [shall] may also impose administrative fines under RSA 130-A:14 and may [also] request injunctive relief under RSA 130-A:17 in the event that [the] an order, served by the commissioner, is not followed or a fine imposed by the commissioner is not paid.
314:4 New Paragraphs; Lead Paint Poisoning Prevention; Enforcement. Amend RSA 130-A:7 by inserting after paragraph III the following new paragraphs:
IV. Any order issued by the commissioner that requires lead hazard reduction shall be binding upon and enforceable against the person to whom the order was issued and any other individual or entity that may acquire ownership of, or an interest in, the property that is subject to the order.
V. Interim controls, as defined in this chapter, may be used as an acceptable alternative to lead hazard abatement only with the prior written approval of the commissioner and for a period not to exceed 2 years. Within that 2-year period the person subject to the order shall either take the steps necessary to eliminate or enclose the lead exposure hazards or remove the dwelling or dwelling unit from the rental market.
314:5 Lead Paint Poisoning Prevention; Injunctive Relief. Amend RSA 130-A:17 to read as follows:
130-A:17 Injunctive Relief. Either the attorney general or the commissioner may [request the attorney general to] bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of this chapter, rules adopted under this chapter, or [order] orders issued pursuant to this chapter, including but not limited to, orders of lead hazard abatement and orders imposing administrative fines.
314:6 Repeal. RSA 130-A:2, I(k), relative to certifying certain laboratories, is repealed.
314:7 Effective Date. This act shall take effect January 1, 2007.
Approved: June 19, 2006
Effective: January 1, 2007