Development of Protective Public Policies

1. Development of Protective Public Policies Crystal Motlasz, M.S., CHES NJ Dept of Health and Senior Services Joseph Pargola, J.D. NJ Office of the Child Advocate

2. Speakers Disclosure Statement Ms. Motlasz and Mr. Pargola have neither any financial interest with any product or device related to their presentation nor will discuss unlabeled and unapproved uses of said products.

3. Objectives 1. Describe the background in the development of Lead-Safe Model Cities and their adoption of protective policies. 2. State the purpose of the Bench Book Initiative and its role in enhancing enforcement of current laws and regulations. 3. Describe areas for future policy development and legislation.

4. FIELD INVESTIGATION DPA Staff Trained to Perform Lead Dust Sampling 5 Cities Chosen Investigation Focus: Repeat Offender Addresses Prior Abatement

5. Residences with at least 1 Elevated Dust Level: 82%

6. DPA Meetings with: Governor’s Office State Agencies Legislators Municipalities Community and Faith Based Organizations

7. State of New JerseyExecutive Order #100 WHEREAS, protecting the health of our children is one of the most important tasks of New Jersey State government; and WHEREAS, lead poisoning is preventable and has irreversible effects on children and adults; and WHEREAS, environmental lead can cause developmental disabilities, neurological and behavioral problems, decreased I.Q., and, in extreme cases, coma and death to children; and WHEREAS, approximately two million houses in New Jersey were constructed prior to the prohibition of the sale of lead paint, and many children are therefore potentially exposed to dangerous levels of environmental lead; and WHEREAS, dangerous levels of lead can be found not only in paint, but also in soil, water, and consumer products, and there is a need to educate parents and caregivers about that risk; and WHEREAS, the New Jersey Department of the Public Advocate (“Public Advocate”) has undertaken a study assessing the programs in New Jersey State and local government designed to protect children from residential lead exposure, which study has recommended important improvements in these protective programs; and WHEREAS, the Public Advocate’s report describes that among 104 dwellings in five cities in New Jersey, a high proportion contain possibly harmful levels of lead contamination, that lead was present even in dwellings in which some lead abatement activities had ostensibly been undertaken, and that the dangers of lead poisoning are most likely to affect families in the State’s older urban areas; and WHEREAS, I find the report of the Public Advocate to be thoughtful and compelling; NOW, THEREFORE, I, JON S. CORZINE, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

8. MODEL LEAD-SAFE CITIES City of Camden City of Elizabeth City of East Orange Township of Irvington City of Hackensack City of Newark City of Paterson City of Long Branch City of Asbury Park City of Vineland City of Englewood Town of Morristown Township of Bloomfield City of Jersey City LEAD-SAFE PRINCIPLES Screening Inspection Abatement Relocation Education Securing Grants Enforcement Through Municipal Courts Model Ordinances Lead Safe Housing Eliminating Childhood Lead Poisoning Model Lead-Safe City Program

9. Model Lead-Safe City Accomplishments Elizabeth has focused on educating the parents of children in child care centers and providing on-site testing. By reaching out to its Arab American citizens, Paterson increased its screening rate nearly 6 percent. Long Branch has taken two dilatory landlords to court to ensure that needed abatements are completed. Irvington has collaborated to draft Certificate of Occupancy Ordinance Morristown is working with community-based organizations to distribute lead education materials and host parent education workshops. Hackensack has partnered with faith-based organizations to hold a series of health fairs. Camden and Newark held a lead screening and education event at the Riversharks and Bears’ baseball game in June and September.

10. Best Practices Certificate of Occupancy Ordinance Multi-Unit Dwelling Tenant Notification Community Education and Outreach Targeted Lead Screening Current Landlord Registration Statement

11. Eliminating Childhood Lead Poisoning Prevent our children from being sickened in the one place where they should be the safest …. …. their homes

12. Bench Book Initiative To enforce enacted lead-based paint and housing laws as a means to eliminate lead-based paint hazards.

13. What is a Bench Book? • Bench Books are published on more narrow technical areas of law that may come before the judge, e.g. domestic law, public health law, etc. • The term may also apply to materials prepared in anticipation of hearing a particular case or set of cases. Such a Bench Book often contains documents outlining relevant legal authority.

14. How Is a Bench Book Developed? Guiding Documents… • The Federal Lead-Based Paint Enforcement Bench Book • Guidebook for Developing State and Local Lead-Based Paint Enforcement Bench Books

15. What is included in the Guidebook? Guidebook includes: • A 4-step process for developing a Bench Book • A primer for non-lawyers on how to find and understand the law • Information about the law and enforcement • Templates and Checklists

16. 4-Steps • Find a Buddy • Find the Law • Find Out How the Law Operates • Field Test Your Bench Book

17. Find a Buddy Enforcement Agency Inspections/Compliance Monitoring Name: ________________________________________ Title: ________________________________________ Agency/Office: ________________________________________ Telephone: ________________________________________ Fax: ________________________________________ E-mail: ________________________________________ Mailing Address: _______________________________________ Designated Lead Contact: ___yes ___no

18. Find the Law Obtain an official copy of the law Review the law closely Mark on the checklist each provision Note the section of the provision

19. Find Out How the Law Operates • How is it interpreted? • What is the process for enforcement proceedings? • How is a case developed? prosecuted? adjudicated? • Obtain sample forms and documents (e.g. complaints, notices of violation).

20. Field Test Your Bench Book • Steward cases through the enforcement process. • Conduct outreach and education within the enforcement community (enforcement agencies, prosecutor’s office, courts), and to occupants, owners, and other advocates. • Promote interagency cooperation on enforcement cases. • Keep the Bench Book up to date.

21. New Jersey’s Bench Book • Background • how the project was started • purpose • components • Next Steps • Lead Safe Model Cities

22. A primer for non-lawyers on how to find and understand the law N.J.S.A. means it is a New Jersey statute (law) N.J.A.C. means it is a New Jersey administrative code (rule) Bills are proposed State statutes

23. Information about the law and enforcement Federal State County Municipal

24. Resources • Government of the U.S. • Government of NJ • Hierarchy of Law (e.g. Federal, State, Local and Executive, Judicial, Legislative) • Definitions of Legal Terms (e.g. statute, regulation) • How a Bill becomes a Law

25. Group Discussion: Using Policy to Reduce or Eliminate Lead Based Paint Hazards • What protective policies should be proposed at the State and/or municipal level? • What protective policies need to be more effectively enforced at the State and/or municipal level?