HB 280
Disclaimer: Cleveland Lead Advocates is an all volunteer 501 c 3 organization. Since CLASH is all volunteer, no organizational funds are used for lobbying public bodies.
Opponent Testimony on HB 280
Opponent Testimony for HB 280
Ways and Means Committee April 23, 2024
Andre P. White, Advocacy Chairperson
Cleveland Lead Advocates for Safe Housing
Chair Bill Roemer, Vice Chair Brian Lorenz, Ranking Member Daniel P. Troy and members of the Ways and Means Committee
Cleveland Lead Advocates for Safe Housing (CLASH) is an all volunteer, mostly self funded, coalition of 10 community based organizations committed to making Cleveland Lead Safe.
We are writing to share our concerns about elements of House Bill 280 which is currently under consideration at the Ways and Means Committee.
CLASH opposes changes to the Ohio’s system of certifying lead professionals. The current system of licensure protects citizens from lead hazards by requiring levels of proficiency and experience in the delivery of lead testing services.
Families living in pre-1978 housing do not have the professional training in the area of lead risks and remediation that may be necessary to make decisions about their homes. Citizens must rely on State Certified professionals who have the experience and training to provide guidance in making their homes lead safe.
Similarily local governments which adopt lead safe standards (eg. Cleveland, Cleveland Heights, and Toledo) rely on the State’s certification of lead professionals to implement their local code requirements. Even communities that are not requiring lead safe certificates rely on Ohio Department of Health credentialing to carry out programs of lead remediations which are funded by Lead Safe Ohio grants. Such programs are currently underway in virtually every county in Ohio. Qualification for the program requires workplans created by State certified professionals.
Public health credentialing also protects the health of all Ohioans. Working with lead requires a public health perspective that is different than the perspective of credentialed professionals with strictly commercial interests. We call the committee’s attention to the case of Thomas Midgely Jr, the mechanical and chemical engineer who created Ethyl (leaded) Gasoline. Midgely was recognized by his peers as a qualified scientist and engineer. In December 1922, the American Chemical Society awarded Midgley the Nichols Medal for the "Use of Anti-Knock Compounds in Motor Fuels." But his invention of Ethyl Gasoline resulted in the mass poisoning of children around the country.
CLASH further opposes elements of HB 280 that would undermine the operations of municipal lead safety programs
These provisions of HB 280 would punish local governments for taking due diligence in approving applications for a lead safe certificate. Cleveland’s Department of Building and Housing, for example, is aware of the problem of faulty applications for lead safe certificates that both bog down the approval system. In the past six months, the City has taken extraordinary steps to work with property owners who are submitting faulty submissions in an effort to cure the faults.
Residents First legislation adopted this year has streamline compliance requirements and added staff to the Department of Building and Housing
The Mayor’s office has issued new guidance for the implementation of the Lead Safe Certificate program.
CLASH fears that the time restrictions and funding sanctions on local lead safety laws has the effect of legislative pre-emption of local lead safe laws. CLASH volunteers remember the effort to pre-empt local lead safe ordinances in 2017, when a preemption amendment was added to the House Budget Bill. At that time, local advocates from around the state rallied to persuade the General Assembly to remove the preemption language from the 2017 Budget Bill.
Thanks for your attention to these concerns.
CLASH has already submitted comments to the committee chairman in the hopes that the chairman would pause action on the bill. I'm planning to update our comments to the chairman and submit this as opponent testimony to the whole committee, no later than Monday at noon.
Let me know if you have comments, questions or suggestions to add to this testimony.
spencer
April 19. 2024
December 5: Planning meeting notes Andre, Brooke, Brian, Chantal, Darrick, Molly, Samario, Spencer
What's in HB 280?
Convert the existing lead abatement tax credit to a refundable tax credit so that Limited Liability Corporations (LLCs) can receive cash in lieu of credits for lead abatement work. (Keep in mind that LLCs in Ohio already have a $250,000 exemption from state income tax so that a refundable tax credit would be a cash payment from the State to a private corporation.)
Direct Ohio Department of Health (ODH) to amend the administrative code to permit lead clearance techs to approve interim controls and then certify their own work as being lead safe. Prior to a lead clearance examination, allows a clearance technician, lead inspector, or lead risk assessor to conduct interim controls at a residential unit, child care facility, or school, and allows those individuals to charge a fee for the performance of the interim controls. See lead professionals
Penalize local governments that require a property owner to obtain a certification that indicates that a property is safe from lead hazards for rental registration. If a local government repeatedly misses a 30-day deadline to approve application the local government could be 10% or 20% reduction in local government funds (LGF).
2. What should CLASH do?
Andre says CLASH should fight this bill. Discussion-seems to be a consensus to respond
3. What is our strategy?
Inside vs. outside options. Inside seems to have the consensus.
Monitor the bill with Coalition on Homelessness and Housing in Ohio (COHHIO) and Ohio Housing Law Center (OPLC) for signs that the bill might start moving. IF YES, then shift to an outside strategy.
Items to emphasize look at the Cleveland draft comments.
4. Next steps
Learn more about the chairman’s district. Are there local groups who could be in opposition?
Prepare a position paper for Board meeting on 12/12. Share position paper with the chairman, member organizations, supportive local House and Senate reps
Follow up with Cleveland Heights.
Do more public records research on zip codes of owners who have received tax credits. Would HB 280 disadvantage African american property owners?
Is there another W&M committee member who could act in place of the Chairman?
See if raising the single subject rule could be an objection.
5. Worth a thought. HB 280 could be a trial balloon for rewrite and submit as an amendment to the next budget bill.