Lead Prevention Pre-emption

Ohio Investors are threatening to block local action around Lead Poisoning

What is Pre-emption?

Pre-emption is a strategy to block local initiatives. Most often conservative state legislatures use pre-emption to block popular initiatives in local communities
Why place restrictions in the State budget bill?
1. Budget bill is a "must pass" piece of legislation.
2. Items placed in the budget bill don't get any hearings or close scrutiny. Two examples of non-budget items in this year's bill here and here

Talking points when you are advocating against Lead Poisoning Pre-emption.

1. The Lead Poisoning Program at ODH has two serious flaws. First is that a child must be poisoned before the state can take action. Second is that state and local health departments have not been successful enforcing at blood lead testing standards (LINK) and not successful at removing poisoned houses from the rental market. (LINK)
2. The Pre-emption amendment is so poorly drafted that it could be used to prohibit or inhibit local housing code enforcement. In fact, this is a goal of the Ohio Real Estate Investors Association. (LINK)
3. Public Housing authorities (which are chartered under the laws of the state of Ohio) could be challenged over Housing Quality Standard inspections of rental properties in the Housing Choice Voucher program. These HQS inspections are required by Federal regulations.
4. State and local governments which pass through Federal funding to housing developers could be barred from requiring Federal Lead regulations. (LINK)
5. Ohio EPA would need permission from ODH to monitor lead regulations in drinking water systems.
6. Lead issues are inherently local and so denying local government the right to make and carry out local programs is nonsense.
7. If lead poisoning pre-emption is successful and ODH is the only agency in Ohio that can enforce lead standards, there could be a crisis later this year if Congress enacts budget cuts proposed by the President. (LINK) In the most extreme case, no one in Ohio would be able to do lead enforcement.
8. If enacted, the Lead Poisoning Pre-emption amendment would result in lots of costly litigation as investors seek to shut down existing regulations and advocates seek to preserve and expand them. Years of unnecessary court fights while children continue to be poisoned.
9. The supporters of Lead Poisoning Prevention amendment are a small group of "investors" who twice failed to convince the City of Toledo that their personal profits should come before the health and safety of children. Having twice failed in the local democratic process, they are now committed to sneak a provision into the State Budget bill without public discussion. 
10. Investor landlords are not "victims" of local regulation. Recent reports show that rental property investment in Toledo and Central Ohio are among the most profitable housing investments in the country.

 Pre empting local Lead Laws-The News!

June 29, 2017 It's back! The son of Merrin Pre-emption

Introduced  HB 299 LEAD SAFETY to enact the Lead Safety and Uniformity Act to provide that the state, acting through the Department of Health, has the sole and exclusive authority to compel, prohibit, license, or regulate lead abatement activities in Ohio.

 Notes & Links 

Toledo Blade

Subpages (1): State Budget 2017