Del. Code tit. 16 § 2605

Current through 2024 Legislative Session Act Chapter 510
Section 2605 - Childhood lead poisoning prevention advisory committee
(a) The Childhood Lead Poisoning Prevention Advisory Committee ("Committee") is established to advise on the implementation of this chapter and to make any necessary recommendations for the implementation of this chapter or improvements of the processes to be followed by the agencies responsible for the implementation of this chapter.
(b) The Committee shall annually prepare and distribute a report to the General Assembly regarding this chapter, the intervention activities, studies of incidence, the State Blood Lead Screening Program, and monitoring and implementation of regulations promulgated under this chapter.
(c) The Committee consists of the following:
(1) The Secretary of the Department of Education.
(2) The Secretary of the Department of Health and Social Services.
(3) The Secretary of the Department of Services for Children, Youth & their Families.
(4) The Director of the Delaware State Housing Authority.
(5) The President of the Delaware Association of School Administrators.
(6) The President of the Delaware Association of Realtors.
(7) A Delaware pediatric provider, appointed by the Governor.
(8) Five members, appointed by the Governor, with at least 1 from each county.
(9) One member, appointed by the Speaker of the House of Representatives.
(10) One member, appointed by the President Pro Tempore of the Senate.
(d) A member serving by virtue of position may appoint a designee to serve in the member's stead and at the member's pleasure.
(e) The Committee shall elect a Chair and a Vice Chair from among the Committee's members.
(f) The Committee may form advisory subcommittees, which may include individuals who are not members of the Committee, to assist the Committee in its duties.
(g) The Department shall provide staff support for the Committee.
(h) The Committee shall oversee the Program, including to ensure that funds in the Delaware Lead-based Paint Remediation and Abatement Fund are spent appropriately and that lead-based paint remediation and abatement activities are taking place in a timely manner given funds available.
(i) The Committee is a public body.

16 Del. C. § 2605

Amended by Laws 2023 , ch. 102, s 2, eff. 11/14/2023.
Amended by Laws 2021 , ch. 27, s 1, eff. 6/3/2021.
Amended by Laws 2019 , ch. 17, s 1, eff. 5/15/2019.
73 Del. Laws, c. 46, § 2; 70 Del. Laws, c. 186, § 1.;
Section 5 of the 2023 amending legislation provides that the Department of Health and Social Services shall propose regulations necessary to implement the 2023 amendment within 60 days of the effective date of this Act and shall adopt final regulations within 120 days of the effective date of this Act.
Section 6 of the 2023 amending legislation provides that: (1) Not later than January 1, 2024, the Childhood Lead Poisoning Prevention Advisory Committee shall recommend to the Governor and General Assembly a plan for a statutory requirement that all rental properties built before January 1, 1978, be screened for the presence of lead based paint hazards, as defined at 40 C.F.R. § 745.65, before the rental properties are made available to a new tenant, and at least once before January 1, 2026, even if the rental properties are not made available to a new tenant, and that all lead based paint hazards are abated or remediated promptly on discovery. (2) The plan must include all of the following: a. Provisions for the state to augment, where appropriate, the cost of lead abatement or remediation based on an objective eligibility standard, through the use of state or federal funds. b. Specific recommendations to ensure that an adequate work force is available to perform all screening, remediation, and abatement work required by the adoption of the statutory requirement under paragraph (2)a. of this Section.