Development Development of of

Protective Public PoliciesProtective Public Policies

Crystal Motlasz, M.S., CHESCrystal Motlasz, M.S., CHESNJ Dept of Health and Senior ServicesNJ Dept of Health and Senior Services

Joseph Pargola, J.D.Joseph Pargola, J.D.NJ Office of the Child AdvocateNJ Office of the Child Advocate

Speakers Disclosure StatementSpeakers Disclosure Statement

Ms. Motlasz and Mr. Pargola have neitherMs. Motlasz and Mr. Pargola have neither

any financial interest with any product orany financial interest with any product or

device related to their presentation nor willdevice related to their presentation nor will

discuss unlabeled and unapproved uses ofdiscuss unlabeled and unapproved uses of

said products.said products.

ObjectivesObjectives

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

3. Describe areas for future policy 3. Describe areas for future policy development and legislation. development and legislation.

FIELD INVESTIGATIONFIELD INVESTIGATION

Repeat Offender Addresses

Prior Abatement

DPA Staff Trained to Perform Lead Dust DPA Staff Trained to Perform Lead Dust SamplingSampling

5 Cities Chosen

Investigation Focus:

82%82%

Residences with at least 1

Elevated Dust Level:

Elevated Dust Level

No Elevated Dust Level

8519

6

DPA Meetings with:

Governor’s Office

Legislators

State Agencies

Municipalities

Community and Faith Based Organizations

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:

Eliminating Childhood Lead Poisoning Eliminating Childhood Lead Poisoning

• MODEL LEAD-SAFE CITIESMODEL LEAD-SAFE CITIES• City of CamdenCity of Camden• City of ElizabethCity of Elizabeth• City of East OrangeCity of East Orange• Township of IrvingtonTownship of Irvington• City of HackensackCity of Hackensack• City of NewarkCity of Newark• City of PatersonCity of Paterson• City of Long BranchCity of Long Branch• City of Asbury ParkCity of Asbury Park• City of VinelandCity of Vineland• City of EnglewoodCity of Englewood• Town of MorristownTown of Morristown• Township of BloomfieldTownship of Bloomfield• City of Jersey CityCity of Jersey City

• LEAD-SAFE PRINCIPLESLEAD-SAFE PRINCIPLES• ScreeningScreening• InspectionInspection• AbatementAbatement• RelocationRelocation• EducationEducation• Securing GrantsSecuring Grants• Enforcement Through Enforcement Through

Municipal CourtsMunicipal Courts• Model OrdinancesModel Ordinances• Lead Safe HousingLead Safe Housing

Model Lead-Safe City ProgramModel Lead-Safe City Program

Model Lead-Safe City Model Lead-Safe City AccomplishmentsAccomplishments

Camden and Newark held a lead screening and education event at the Riversharks and Bears’ baseball game in June and September.

Irvington has collaborated to draft Certificate of Occupancy Ordinance

Long Branch has taken two dilatory landlords to court to ensure that needed abatements are completed.

Hackensack has partnered with faith-based organizations to hold a series of health fairs.

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.

Morristown is working with community-based organizations to distribute lead education materials and host parent education workshops.

Best PracticesBest Practices

Certificate of Occupancy Ordinance Certificate of Occupancy Ordinance

Multi-Unit Dwelling Tenant Notification Multi-Unit Dwelling Tenant Notification

Community Education and OutreachCommunity Education and Outreach

Targeted Lead ScreeningTargeted Lead Screening

Current Landlord Registration StatementCurrent Landlord Registration Statement

Eliminating Childhood Lead PoisoningEliminating Childhood Lead Poisoning

Prevent our children from being sickened in the one place Prevent our children from being sickened in the one place where they should be the safest ….where they should be the safest ….

……. their homes. their homes

Bench Book InitiativeBench Book Initiative

To To enforceenforce enacted enacted lead-based paint lead-based paint

andandhousing laws housing laws as a means to as a means to

eliminateeliminate lead-based paint lead-based paint hazards.hazards.

What is a Bench Book?What is a Bench Book?

Bench Books are published on more narrow technical Bench Books are published on more narrow technical areas of law that may come before the judge, e.g. areas of law that may come before the judge, e.g. domestic law, public health law, etc.domestic law, public health law, etc.

The term may also apply to materials prepared in The term may also apply to materials prepared in anticipation of hearing a particular case or set of anticipation of hearing a particular case or set of cases. Such a Bench Book often contains documents cases. Such a Bench Book often contains documents outlining relevant legal authority.outlining relevant legal authority.

How Is a Bench Book Developed? 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 EnforcementBench Books

What is included in the Guidebook?What is included in the Guidebook?

Guidebook includes:Guidebook includes: A 4-step process for developing a A 4-step process for developing a

Bench BookBench Book A primer for non-lawyers on how to A primer for non-lawyers on how to

find and understand the lawfind and understand the law Information about the law and Information about the law and

enforcementenforcement Templates and ChecklistsTemplates and Checklists

4-Steps4-Steps

Find a BuddyFind a Buddy Find the LawFind the Law Find Out How the Law OperatesFind Out How the Law Operates Field Test Your Bench BookField Test Your Bench Book

Find a BuddyFind a Buddy

Enforcement AgencyEnforcement AgencyInspections/Compliance MonitoringInspections/Compliance Monitoring

Name: Name: ________________________________________________________________________________Title: Title: ________________________________________________________________________________Agency/Office:Agency/Office: ________________________________________________________________________________Telephone:Telephone: ________________________________________________________________________________Fax:Fax: ________________________________________________________________________________E-mail:E-mail: ________________________________________________________________________________Mailing Address: _______________________________________Mailing Address: _______________________________________

Designated Lead Contact: Designated Lead Contact: ___yes ___no ___yes ___no

Find the LawFind 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

Find Out How the Law OperatesFind Out How the Law Operates

How is it interpreted? How is it interpreted? What is the process for enforcement What is the process for enforcement

proceedings? proceedings? How is a case developed? How is a case developed?

prosecuted? adjudicated? prosecuted? adjudicated? Obtain sample forms and documents Obtain sample forms and documents

(e.g. complaints, notices of violation).(e.g. complaints, notices of violation).

Field Test Your Bench BookField Test Your Bench Book

Steward cases through the enforcement Steward cases through the enforcement process. process.

Conduct outreach and education within Conduct outreach and education within the enforcement community (enforcement the enforcement community (enforcement agencies, prosecutor’s office, courts), and agencies, prosecutor’s office, courts), and to occupants, owners, and other to occupants, owners, and other advocates. advocates.

Promote interagency cooperation on Promote interagency cooperation on enforcement cases. enforcement cases.

Keep the Bench Book up to date. Keep the Bench Book up to date.

New Jersey’s Bench BookNew Jersey’s Bench Book BackgroundBackground

how the project was startedhow the project was started purposepurpose componentscomponents

Next StepsNext Steps Lead Safe Model CitiesLead Safe Model Cities

A primer for non-lawyers on how to A primer for non-lawyers on how to find and understand the lawfind and understand the law

N.J.S.A. means it is a New Jersey statute N.J.S.A. means it is a New Jersey statute (law)(law)

N.J.A.C. means it is a New Jersey N.J.A.C. means it is a New Jersey administrative code (rule)administrative code (rule)

Bills are proposed State statutesBills are proposed State statutes

Information about the Information about the law and enforcementlaw and enforcement

FederalFederal

StateState

CountyCounty

MunicipalMunicipal

ResourcesResources

Government of the U.S.Government of the U.S. Government of NJGovernment of NJ Hierarchy of Law Hierarchy of Law (e.g. Federal, State, (e.g. Federal, State,

Local and Executive, Judicial, Legislative)Local and Executive, Judicial, Legislative) Definitions of Legal Terms Definitions of Legal Terms (e.g. (e.g.

statute, regulation)statute, regulation) How a Bill becomes a LawHow a Bill becomes a Law

Group Discussion:Group Discussion:

Using Policy to Reduce or Eliminate LeadUsing Policy to Reduce or Eliminate LeadBased Paint Hazards Based Paint Hazards

What protective policies should be What protective policies should be proposed at the State and/or municipal proposed at the State and/or municipal level?level?

What protective policies need to be What protective policies need to be more effectively enforced at the State more effectively enforced at the State and/or municipal level? and/or municipal level?