SB 18
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 18 (Chair, Education, Health, and Environmental Affairs
Committee)(By Request - Departmental - Environment)
Education, Health, and Environmental Affairs Environment and Transportation
Environment - Lead Poisoning Prevention Commission
This departmental bill alters the membership of the Lead Poisoning Prevention
Commission and changes and adds topics on which the commission may appoint a
subcommittee to study. The bill also (1) repeals and amends several obsolete provisions
that require the commission to develop recommendations and standards and to study and
collect information on various topics related to lead, lead poisoning, and remediation and
(2) repeals an obsolete provision that requires the Maryland Department of the
Environment (MDE) to consult with the commission on establishing specified standards.
Fiscal Summary
State Effect: The bill does not materially affect State finances or operations.
Local Effect: None.
Small Business Effect: MDE has determined that this bill has minimal or no impact on
small business (attached). The Department of Legislative Services concurs with this
assessment. (The attached assessment does not reflect amendments to the bill.)
Analysis
Bill Summary: The bill repeals (1) a requirement that the commission, in consultation
with the Secretary of Housing and Community Development, develop recommendations
for establishing a program that would provide financial incentives or assistance to owners
of affected property for window replacement; (2) a requirement that the commission study
and collect information on specified immunity provisions; and (3) a requirement that MDE
consult with the commission to establish optional lead-contaminated dust testing standards.
MDE is still required, however, to consult with the commission in developing regulations
to implement the Reduction of Lead Risk in Housing subtitle.
The bill adds case management, lead paint abatement service provider education and
training, and blood lead testing to the list of subjects for which the commission may appoint
a subcommittee to study. Medical referral, worker education, and employer services are
removed.
Current Law/Background: The 19-member Lead Poisoning Prevention Commission
was created by statute in 1994. The commission studies and collects information on the
effectiveness of the Lead Poisoning Prevention Program within MDE and current risk
reduction treatments in reducing exposure to lead as well as risk and liability issues,
including availability of insurance.
More specifically, the commission is required to develop recommendations, in consultation
with the Secretary of Housing and Community Development, for establishing a program
that would provide financial incentives or assistance to affected property owners to replace
windows. According to MDE, the commission fulfilled this mandate; pursuant to
legislation, the Lead Hazard Reduction Grant and Loan Program was established within
the Department of Housing and Community Development to finance lead hazard reduction
activities, including replacing windows containing lead-based paint on friction surfaces at
residential properties and childcare centers.
The commission is also required to study and collect information on several topics,
including the availability of third-party bodily injury liability insurance and premises
liability insurance for affected property, as specified, and the adequacy of qualified offer
caps. According to MDE, the related immunity provisions that necessitated the study of
these subjects were invalidated by the Court of Appeals on State constitutional grounds in
Jackson v. Dackman, 422 Md. 357 (2011).
The commission is authorized to appoint a subcommittee to study specified subjects related
to lead and lead poisoning, including the abatement of lead sources, laboratory services,
and other subjects that the commission considers necessary.
Finally, statute requires MDE to consult with the commission to establish optional
lead-contaminated dust standards. However, Chapter 610 of 2011 rendered this provision
obsolete by requiring MDE to establish procedures and standards for lead-contaminated
dust testing, which are specified in regulations. MDE is more broadly required to consult
with the commission in developing regulations to implement the Reduction of Lead Risk
in Housing subtitle.
SB 18/ Page 2
 Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland Department of the Environment; Department of
Legislative Services
Fiscal Note History: First Reader - January 14, 2020
rh/lgc Third Reader - March 16, 2020
Revised - Amendment(s) - March 16, 2020
Revised - Clarification - March 16, 2020
Analysis by: Kathleen P. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 18/ Page 3
 ANALYSIS OF ECONOMIC IMPACT ON SMALL BUSINESSES
TITLE OF BILL: Environment – Lead Poisoning Prevention Commission
BILL NUMBER: SB 18
PREPARED BY: Maryland Department of the Environment
PART A. ECONOMIC IMPACT RATING
This agency estimates that the proposed bill:
X WILL HAVE MINIMAL OR NO ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESS
OR
WILL HAVE MEANINGFUL ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESSES
PART B. ECONOMIC IMPACT ANALYSIS
The proposed bill would have no impact on small businesses.
SB 18/ Page 4


Statutes affected:
Text - First - Environment - Lead Poisoning Prevention Commission: 6-807 Environment, 6-810 Environment
Text - Third - Environment - Lead Poisoning Prevention Commission: 6-807 Environment, 6-810 Environment