On Sept. 15, 2000, new rules by the U.S. Department of Housing and Urban Development dramatically expanded the scope and level of detail of its lead-based paint program. The rule imposes a significant burden on public housing agencies and property owners that receive federal assistance through HUD and have housing built before 1978. The regulations represent a major shift in lead poisoning prevention in three ways:

1. Instead of making the property lead-free, the goal is to make the property lead-safe. While the compliance requirements are more complicated than simply abating/removing the paint, the costs are much lower.
2. The focus is on reducing the hazards from lead dust. Research has shown that the primary hazard to children today from lead-based paint is the dust, not the paint chips. The dust can be generated from grinding, friction or deterioration of paint. The key is to avoid making dust.
3. Because the dust is hard to detect, the rule requires a clearance test before the room can be occupied after any significant maintenance work. This clearance test involves the collection and assay of dust wipe samples. This process can take several days to complete and the area cannot be used in the interim.

The rule is linked closely with rules adopted by EPA and states, including Indiana, requiring licensing for individuals conducting lead-based paint activities. Indiana’s regulations were effective in February 1999. Because the Indiana rule was adopted before the HUD rule, it could not have anticipated the changes. With the HUD rule in place, there are areas where changes in Indiana’s statute and regulations could reduce the burden and thereby enhance compliance with the rule. The net result would be improved lead poisoning prevention efforts statewide. SB-320 implements those changes.