DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE BILL NO. 9

AMEND Senate Bill No. 9 on line 87 by deleting “ standard ” after “ the ” and before “ established ” therein and inserting in lieu thereof “ lead based paint inspection and lead hazard screen standards ”.

FURTHER AMEND Senate Bill No. 9 on line 89 by inserting “ and (d) ” after “ § 745.227(c) ” and before the comma therein.

FURTHER AMEND Senate Bill No. 9 on line 142 by inserting “ (1) ” after “ (f) ” and before “ The ” therein.

FURTHER AMEND Senate Bill No. 9 by inserting the following after line 145:

“ (2) The owner may pay the Program’s estimated cost of abatement or remediation, including estimated costs associated with paragraph (a)(5) of this section, within 30 days of notification by the Program of that estimated cost.

(3) If the owner remits the payment under paragraph (f)(2) of this section to the Program within 30 days of notification, the prohibition on rental fee increases under paragraph (f)(1) of this section does not apply to the owner. ”.

SYNOPSIS

This Amendment does all of the following:

(1) Makes clear that the State assumes that when a child has an elevated blood lead level there is exposed lead paint in the house and is, therefore, doing an inspection rather than a risk assessment.

(2) Makes clear that the owner of any multi-unit property or property that has been rented to a third party may pay the Delaware State Lead-Based Paint Program’s costs of abatement or remediation and, if the owner does so, the prohibition on rental fee increases does not apply to the owner.

Author: Senator S. McBride