Toledo Lead Ordinance Attacked in House Budget
Language Would Preempt All Lead Laws, Stop Cities from Passing New Lead Paint Laws
A amendment by Rep. Derek Merrin (R-Monclova Township) inserted into the Ohio House budget last week would preempt all local lead paint laws in Ohio (see excerpts below). The Ohio House will vote on the budget this week; the budget will move to the Ohio Senate where hearings have already begun.
While the amendment is aimed at preempting Toledo's lead paint ordinance, it would stop all local governments in Ohio from enacting lead laws to protect children from lead exposure and poisoning. It could also have an impact on current municipal laws regarding lead paint.
OHHN is asking all organizations and individuals concerned with keeping kids healthy and safe to send an e-mail to their State Senator.
1) You can find your State Senator in the Senate Directory. The Senator's e-mail address is listed on their profile page.
2) Some talking points for your e-mail. Use your own words wherever possible about why the Senate should take out the preemption language. If you can write in the name of your organization, please do so:
- (our organization or I) asks for the removal of language in SB 132 that preempts current local lead paint laws and prevents local governments from enacting new laws to protect children from lead paint hazards.
- Local governments have the right and responsibility to enact laws and regulations to protect the health and safety of their children by controlling lead-based paint hazards. Some neighborhoods in Ohio have lead levels as high as 50%.
- Toledo's lead ordinance, the first such law in the state to protect children from lead hazards, was recently amended to address the concerns of real estate investors. It can be improved with additional amendments, if necessary. Toledo has one of the highest lead poisoning rates in Ohio.
- Ohio is 3rd in the nation in lead poisoning. It is time for Ohio to stop using children as lead detectors.
For more information, see the Blade and Plain Dealer articles below in State News.
"Any law or rule governing the abatement of lead, lead-based paint, or the employment or licensing of lead abatement professionals who abate lead and lead-based paint enacted or adopted by a political subdivision before or after the effective date of this section is void.
(1) The department of health has the sole and exclusive authority to compel, prohibit, license or regulate lead abatement activities within the state, including the licensing of lead abatement professionals, and excepting only those activities for which oversight has been delegated by the Revised Code to boards of health"....
2) The department of health has the sole and exclusive authority to adopt rules pertaining to lead and lead abatement..."
Contact Patricia Barnes to let us know whether you sent an e-mail, received feedback from legislators, etc.
Lead Study Group
OHHN continues to educate Senators and House members on the merits of the Lead Study Group proposal and work with Senator Peggy Lehner on a budget amendment. The purpose of the Lead Study Group is to improve the capacity of the state lead law to protect children from lead-based paint hazards. The Lead Study Group has attracted commitments from many organizations willing to participate in the 12-18 month process. See the first draft of the legislation. An updated version will be soon available that reflects an updated list of organizations and agencies participating in the Study Group and others changes.
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