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PRINTER'S NO. 570
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
606
Session of
2023
INTRODUCED BY ISAACSON, STRUZZI, FREEMAN, SCHLOSSBERG, NEILSON,
SAMUELSON, HARKINS, BURGOS, CIRESI, FIEDLER, HILL-EVANS,
HOHENSTEIN, HOWARD, KINSEY, MADDEN, OTTEN AND SANCHEZ,
MARCH 21, 2023
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 21, 2023
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for lead abatement
assistance; establishing the Lead Abatement Grant Program and
the Lead Abatement Assistance Fund; and imposing an
architectural paint surcharge.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 64
LEAD ABATEMENT ASSISTANCE
Sec.
6401. Scope of chapter.
6402. Definitions.
6403. Lead Abatement Grant Program .
6404. Lead Abatement Assistance Fund .
6405. Imposition of surcharge.
6406. Guidelines.
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§ 6401. Scope of chapter.
This chapter relates to l ead abatement assistance.
§ 6402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Architectural paint." Interior and exterior architectural
coatings used for commercial or homeowner use. The term does not
include aerosol spray paint or coatings purchased for industrial
or original equipment manufacturer use.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Fund." The Lead Abatement Assistance Fund established in
section 6404 (relating to Lead Abatement Assistance Fund ).
"Lead abatement." A set of measures designed to permanently
eliminate lead-based paint hazards in accordance with standards
established by the department, provided that the standards are
consistent with applicable Federal standards. The term includes:
(1) The removal of lead-based paint and lead-
contaminated dust, the permanent containment or encapsulation
of lead-based paint, the replacement of lead-painted surfaces
or fixtures and the removal or covering of lead-contaminated
soil.
(2) All preparation, cleanup, disposal and postabatement
clearance testing activities associated with such measures.
"Lead hazard control work." Work to make housing lead-safe
or to mitigate through the use of interim controls as permitted
under Federal law and as defined as Federally supported work in
42 U.S.C. § 4851b (relating to definitions), or to eliminate
permanently lead-based paint hazards on a premises by a person
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certified to perform lead abatement work under the act of July
6, 1995 (P.L.291, No.44), known as the Lead Certification Act.
"Operator." A person in control of or having responsibility
for the daily operation of a store which may include, but not be
limited to, the owner of a store.
§ 6403. Lead Abatement Grant Program .
(a) Establishment.--
(1) The department, in consultation with the Department
of Health and the Department of Community and Economic
Development, shall establish a program that issues grants to
municipalities.
(2) Grants must be used to provide assistance to owners
of single-family homes and owners of rental housing, whether
or not utilized as rental housing, for lead hazard control
work.
(3) Grants shall be provided for a period to be
determined by the department.
(b) Eligibility.--To receive a grant under this section, a
municipality must demonstrate that the municipality has an
existing or planned lead abatement assistance program that
satisfies the conditions of subsection (a).
(c) Competitive awards.--The department shall issue grants
under this section to municipalities on a competitive basis
according to the following criteria:
(1) Whether the municipality demonstrates a financial
need for the grant.
(2) The overall age of the housing stock located within
the municipality.
(3) The number of households in proportion to the total
population, with household incomes less than 50% of the
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median area income.
(4) Whether the municipality gives priority
consideration to households with household incomes less than
50% of the median area income.
(5) Whether the municipality gives priority
consideration to residences in which children under six years
of age reside.
(6) The department shall take into consideration
geographical distribution of funds awarded to municipalities
to ensure that all areas of this Commonwealth participate to
the greatest extent possible.
§ 6404. Lead Abatement Assistance Fund .
(a) Establishment.--The Lead Abatement Assistance Fund is
established within the State Treasury. The money in the fund is
appropriated to the department on a continuing basis for the
purposes specified in this chapter.
(b) Deposit.--Money collected from the surcharge established
under section 6405 (relating to imposition of surcharge) shall
be deposited into the fund.
(c) Use of money.--
(1) The fund shall be used by the department exclusively
for the purpose of issuing grants provided for under section
6403 (relating to Lead Abatement Grant Program ).
(2) The department may utilize up to 10% of the total
money collected and deposited into the fund within a fiscal
year to cover the costs associated with administering this
chapter.
§ 6405. Imposition of surcharge.
(a) Establishment of surcharge.--A surcharge of 50 ¢ shall be
imposed on each gallon of architectural paint sold by an
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operator to a consumer.
(b) Collection.--The operator shall collect the surcharge
and remit the money to the Commonwealth on a quarterly basis.
§ 6406. Guidelines.
Within 180 days of the effective date of this section, the
department shall establish rules and guidelines to carry out the
provisions of this chapter.
Section 2. This act shall take effect in 60 days.
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