Delaware § 5410 - Feasibility review [For implementation of this section, see 85 Del. Laws, c. 98, § 5(1)].

§ 5410. Feasibility review [For implementation of this section, see 85 Del. Laws, c. 98, § 5(1)].

(a) There is established a committee known as the Lead-Based Paint Remediation Certification Committee (“the Committee”). The Committee consists of 10 members as follows:

(1) Four members appointed by the Governor, after consultation with Delaware business organizations and tenant advocacy organizations.

a. One member appointed under paragraph (a)(1) of this section must be a large property owner or represent large property owners.

b. One member appointed under paragraph (a)(1) of this section must represent tenants.

c. One member appointed under paragraph (a)(1) of this section must be a small property owner or represent small property owners.

d. One member appointed under paragraph (a)(1) of this section must be a lead remediation advocate.

(2) One member of the House of Representatives to be appointed by the Speaker of the House of Representatives.

(3) One member of the Senate to be appointed by the President Pro Tempore of the Senate.

(4) The Director of the Delaware State Housing Authority, or the Director’s designee.

(5) The President of the Delaware Technical Community College, or the President’s designee.

(6) The Secretary of the Department of Health and Social Services, or the Secretary’s designee.

(7) The Director of the Delaware State Lead-Based Paint Program, or the Director’s designee.

(b) A member serves until a replacement is appointed under the same process as the member’s appointment.

(c) A majority of the members must be present at a Committee meeting in order to have quorum and conduct official business. A vacancy on the Committee is not counted for quorum.

(d) The Director of the Delaware State Housing Authority, or the Director’s designee, will serve as chair of the Committee. Staff support for the Committee must be provided by the Delaware State Housing Authority.

(e) The Committee shall, on an ongoing basis, study the available workforce and available public funding to support the inspection and remediation efforts required by this chapter, along with any other factors impacting property owners’ ability to comply with deadlines established in §§ 5402 and 5403 of this title. The Committee must invite and accept input from the public in fulfilling its duties.

(f) By March 1, 2026, the Committee must issue a formal report to the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services as to whether it is feasible for persons subject to the deadlines established in §§ 5402 and 5403 of this title to comply with those deadlines. In addition to any other issues the Committee deems relevant to feasibility, the formal report must answer the following questions:

(1) Are the existing certification deadlines in this chapter feasible? If not, propose new deadlines to replace those enumerated in §§ 5402 and 5403 of this title.

(2) How many current rental units in the State were constructed before January 1, 1978? How many are in each county?

(3) How many approved inspectors or certified contractors are there in the State who can perform lead inspection or lead remediation and abatement? How does the State incentivize and train additional inspectors and certified contractors to meet the needs of this chapter?

(4) What is an appropriate standard for a lead inspection? How should “lead-safe” be defined and determined?

(5) What is the predicted demand for loans or grants under this chapter?

(6) If not the Department, what Delaware or local agency, department, or program is better situated to implement and enforce this chapter?

(7) What is the potential impact this chapter will have on small property owners, midsize property owners, and large property owners?

(8) If resources are limited, what geographic areas or types of rental units should be prioritized under this chapter?

(9) How will property owners be notified and informed of their obligations under this chapter, including the availability of grants and loans from the State?

(10) What procedures will be put in place for a property owner to obtain certification? What forms must be created prior to implementation of this chapter?

(11) What procedures and forms will the courts have in place for a landlord who seeks summary possession and must comply with § 5704A of this title? Are the new requirements under § 5704A of this title necessary to enforce this chapter?

(g) After the delivery of the initial report under subsection (f) of this section, the Committee must issue an updated report on January 1 of each calendar year through January 1, 2030. Every report issued under this subsection shall, if the Committee believes existing deadlines are not feasible, propose specific new deadlines to replace those enumerated in §§ 5402 and 5403 of this title or enacted subsequently under this section.

(h) The Committee is dissolved upon the issuance of a report indicating that no new deadlines are required pursuant to subsection (g) of this section.

(i) If the Committee requires an extension of the deadline to issue an initial report under subsection (f) of this section, the Committee may request an extension from the General Assembly.

85 Del. Laws, c. 98, § 1;