Senate Appropriations
Committee Approves VA-HUD Bill
The Senate Appropriations Committee approved the FY 2005
VA-HUD appropriations bill on Sept. 21. The bill funds HUD’s total operations
at $36.4 billion, one billion dollars over FY 2004. The bill contains $175 million
in funding for HUD’s Office of Healthy Homes and Lead Hazard Control (OHHLHC),
level with FY04 appropriations and a full restoration of the cuts proposed by
the White House. The Senate proposal is $36 million higher than the amount requested
by the President and $8 million more than the amount proposed by the House Appropriations
Committee. Of that total, OHHLHC is authorized to disburse $96.5 million in
lead hazard control grants, $9.5 million in Healthy Homes grants, $9 million
in Operation LEAP funds, and $10 million in technical assistance funds.
Notably, the Senate version of the VA-HUD bill provides
separate funding for the $50 million lead hazard reduction demonstration program,
which targets locales disproportionately at risk for lead poisoning. The Bush
Administration’s FY05 Budget Request proposed eliminating the program,
and the House version of the bill consolidated these funds in the base Lead
Hazard Control grants program.
Neither the House nor Senate version has come to a floor
vote. It is unlikely that final appropriations decisions will be made before
the November 2 elections.
HUD Announces
Lead Hazard Control and Healthy Homes Grants
On Sept. 27, HUD announced its FY 2004 Lead Hazard Control,
Outreach, Healthy Homes Demonstration, Technical Studies, and Operation LEAP
grants. Advocates for lead poisoning prevention and healthy housing expressed
shock at HUD’s decision to grant $1,981,258 to AIMCO, one of the country’s
largest property management firms. Two years ago, HUD, DOJ, and EPA trumpeted
their “landmark” enforcement action against AIMCO and levied a penalty
of $129,580 against the Denver-based firm for failing to warn tenants that their
homes may contain lead-based paint hazards, as federal law requires. AIMCO received
the largest penalty ever imposed under the federal lead hazard disclosure law,
and the resulting settlement agreement required AIMCO to make all of its 130,000
apartments lead-safe and train all current and future employees in lead-safe
work practices. Subsequently, AIMCO’s delinquency in complying with the
terms of the consent agreement caused extra penalties. AIMCO has a reputation
in some communities for poor property management and code violations. For example,
after two and a half years of litigation over code violations, the City of San
Francisco just last week announced a multi-million settlement with AIMCO to
renovate four apartment complexes in Bayview-Hunter’s Point.
In addition, parents and community leaders objected that so few of the 72 grants
from the Office of Healthy Homes and Lead Hazard Control were awarded to community-based
organizations and other nonprofit groups, and that several grants were awarded
to jurisdictions with documented performance problems on previous HUD grants.
An investigation by the Washington Post has uncovered
evidence that high lead levels in drinking water are not isolated to the District
of Columbia. In fact, the paper found water utilities across the country have
misrepresented lead levels to federal regulators, with some cities manipulating
test results and others withholding the information altogether. Such actions
are a violation of the federal Safe Drinking Water Act and EPA regulations.
The Post’s analysis of 65 large utilities
showed systemic efforts to keep federal regulators from learning the extent
of lead contamination problems, and some water service agencies ignored federal
regulations that require utilities to remedy high lead levels. Even when cities
and utilities complied with federal reporting requirements, EPA has not always
prompted action. In Portland, Oregon, instead of pushing the city to follow
federal law, the agency instead encouraged the city’s water utility to
change their test population.
An official at EPA has pledged that the agency will
ensure that all cities are following testing and reporting requirements, and
the agency has indicated that it will consider stricter rules such as requiring
utilities to notify the public when tests find high lead levels in drinking
water.
New York and
Other States Sue HUD over IPM
New York Attorney General Eliot Spitzer, joined by the
Attorneys General of Connecticut, Illinois, New Mexico, Wisconsin, and the Virgin
Islands, filed suit in federal court in September against HUD, asserting that
the federal housing agency has failed to abide by a law passed in 1996 requiring
all federal agencies to promote integrated pest management (IPM) when eradicating
pests like cockroaches and rodents. A petition seeking to increase the agency’s
use of IPM, filed by the Natural Resources Defense Council and joined by the
Children’s Environmental Health Network, the Alliance, and other nonprofit
organizations, is also pending before HUD.
The suit alleges that HUD continues to act in a reactive
fashion toward pests in public housing, as opposed to the preventive stance
required by law. The states stress that they do not seek to stop HUD from using
pesticides in cases where they are warranted. In response, HUD says that it
actively promotes safe and healthy living environments in public housing as
well as the “safe use” of pesticides. HUD also contends that the
lawsuit seeks to require HUD to use IPM, which the agency says is not mandated
by federal law.
The debate over the indoor use of pesticides is important,
as the chemicals can reach concentrations in homes that are many times levels
found outdoors. This is because pesticides do not readily disperse indoors and
are not broken down by sunlight, wind, and rain. When used in the home, pesticides
may cling to house dust, carpets, toys, furniture, bedding, and food, providing
additional exposure pathways to residents. Children are the most vulnerable
to pesticide exposures, and health effects can include asthma attacks, cognitive
damage, acute poisonings, and an increased risk of cancer later on in life.
The federal law at the center of the suit seeks to reduce
unnecessary pesticide exposures through the promotion of IPM, which works by
eliminating entryways and sources of food, water, and shelter for pests, and
utilizing traps and low-toxicity baits to control pest populations.
Comment Period on CRA
Proposal Extended to October 20
The September 2004 edition of the Alliance Alert highlighted
the Federal Deposit Insurance Commission’s (FDIC) proposal to change regulations
related to the Community Reinvestment Act (CRA). Just before the close of the
original public comment period, FDIC announced that it would extend the deadline
by one month, until Oct. 20, 2004.
On August 20, FDIC proposed raising the asset threshold
for "small banks" from $250 million to $1 billion. This change would
exempt approximately 2,000 FDIC-insured institutions from CRA’s more stringent
exams. Today, banks with assets of more than $250 million must document the
distribution of their loans by geography and income and demonstrate that they
provide both services and investments that benefit low- and moderate-income
households and neighborhoods in their communities. Changing the "small
bank" definition would allow the banks, with total assets of more than
$754 billion and branches in more than 18,800 communities (96% of all FDIC-regulated
banks), to receive a watered-down CRA exam, and would mean that many rural communities
and states would not be served by any institutions required to offer services
and investments that benefit low- and moderate-income communities.
CRA has helped leverage billions of dollars in resources
for decent and affordable housing over the past two and a half decades. Housing
conditions are a vital factor in the health of occupants, and older, low-income
properties in substandard condition typically present the greatest health risks.
The proposed rule will undermine the ability of advocates for healthy homes
to convince banks to address healthy housing conditions and affordability in
low-income communities. Please make these basic points—using your own
words—in comments that you submit.
If you have not already submitted your comments, you may
do so until Oct. 20. Visit www.fdic.gov/regulations/laws/federal/propose.html
and look for the 8/20/04 Community Reinvestment proposed rule. In the far right
column, you can click on "Comments" to submit electronic comments.
For more information, contact the National Low Income Housing Coalition at info@nlihc.org
or 202-662-1530.
Judge
Dismisses Challenges to New NYC Lead Paint Law
In late August, Manhattan Supreme Court Justice Louis York
dismissed two lawsuits filed to nullify New York City’s Local Law 1, the
city’s new lead poisoning prevention ordinance. The suits were brought
and financed by major real estate groups and the Community Preservation Corporation,
a nonprofit housing developer. The plaintiffs argued that the city failed to
conduct an environmental impact analysis required by New York state law, and
that this alleged oversight invalidated the law.
Justice York ruled that the plaintiff organizations did
not have standing to file their suit because they would not suffer any environmental
injury as a result of the city’s enforcement of the law. York also concluded
that the interests of real estate groups, landlords, and bankers were purely
economic and not appropriate for a case of this nature. “These financial
considerations are not within the zone of interest sought to be protected by
[the state’s environmental review law],” York wrote.
New York City lead poisoning prevention advocates lauded
the decision as a victory for children and asserted that the law will save the
city and state millions of dollars in medical expenses by helping prevent lead
poisonings.
Michigan Legislature
Approves Lead Poisoning Prevention Funds
On Sept. 7, the Michigan Legislature passed the FY 2005
Michigan Department of Community Health budget that budget contains $1 million
in new childhood lead poisoning prevention funds. This is the first substantial
investment in childhood lead poisoning prevention by the state in nearly a decade.
Advocates expect the new funds to be spent on a statewide public awareness campaign,
local capacity building for primary prevention, and establishment of a statewide
lead safe housing registry.
National Childhood
Lead Poisoning Prevention Week Set for Oct. 24-30
A pending U.S. Senate resolution sponsored by Sen. Jack
Reed (D-RI) will designate October 24-30, 2004, National Childhood Lead Poisoning
Prevention Week. During this week, state and local governments, policymakers,
lead poisoning prevention advocates, and others can help highlight successes
in lead poisoning prevention, call attention to challenges that still remain,
and advance primary prevention. Examples of past National Lead Poisoning Prevention
Week events from across the country, as well as sample outreach and education
materials, can be found on the Alliance’s website at www.afhh.org/res/res_by_topic_lead_outreach_education.htm.
October is Children’s
Health Month
The federal government has designated October as Children’s
Health Month. Agencies such as HUD, EPA, CDC, and the Department of Education
are collaborating to celebrate and promote awareness of children’s health
and its benefits.
Environmental Health Perspectives (EHP), the open-access
journal of the National Institute of Environmental Health Sciences, is doing
its part by devoting its entire October issue to children’s environmental
health. In addition to the articles and studies that normally appear on the
EHP website, the journal is making a collection of important children’s
environmental health research freely available to the public. Visit www.ehponline.org/childrenshealth
to access this information.
Enterprise
and NRDC Launch Initiative for Healthy and Environmentally Friendly Affordable
Housing
The Enterprise Foundation and the National Resources Defense
Council (NRDC), in partnership with a number of other organizations and professional
associations, launched the Green Communities Initiative in late September. The
Initiative is a five-year, $550 million commitment to build more than 8,500
environmentally friendly, affordable homes in the United States. Developers
who build affordable housing that promotes health, conserves energy, and provides
easy access to jobs, schools, and services will be eligible for financing, grants,
and technical assistance from the Initiative.
The Initiative will also encourage local, state, and federal
government agencies to “green” their affordable housing programs.
As part of this effort, Enterprise, NRDC, and other partners will work with
state agencies to dedicate a significant portion of their federal housing tax
credits to healthy and energy-efficient affordable housing sited near transportation
and vital services.
Inner-City
Asthma Study Shows Effectiveness of Home Interventions
In September, a group of researchers known as the Inner-City
Asthma Study released their findings on the impacts of home interventions on
childhood asthma. Published in the New England Journal of Medicine, the study’s
results make clear that proactive steps to reduce and remove allergens and other
substances from the home can significantly reduce the number and severity of
asthma attacks in children.
The researchers noted that three asthma triggers—dust
mites, cockroaches, and environmental tobacco smoke—are responsible for
the largest number of asthma attacks in the home, and they reviewed studies
that focused on home interventions that reduced only one of these triggers at
a time. The researchers then tested the hypothesis that more holistic approaches
that combine multiple home interventions could even more effectively help children
who suffer from asthma. The study affirmed this theory. The multifaceted interventions
used in the study resulted in significantly fewer unscheduled medical visits,
days with asthma symptoms, and missed school days.
The estimated cost for each intervention was $1,500-$2,000
per child over the course of the two-year study. Yearly costs of $750-$1,000
match what families spend on moderate strength asthma drugs each year, and the
researchers noted that annual intervention costs would steadily decrease in
subsequent years.
Australian researchers have documented a link between asthma
and levels of volatile organic compounds (VOCs) found in the home. Their findings,
published in the August 26 issue of Thorax, show that high indoor concentrations
of VOCs may be a contributing cause of asthma in children under the age of three.
The researchers noted a significant increase in asthma
rates among children who lived in homes with high VOC concentrations. They also
found that levels of VOCs that appear to increase asthma risk are far below
standards set by governments in the industrialized world, meaning that levels
of VOCs once thought to be safe already may be one cause of the increase in
childhood asthma rates worldwide.
The highest documented asthma risk came from benzene. For
every 10µg/m3 increase in benzene concentration, asthma risk nearly tripled.
Benzene is also a known human carcinogen. Among other VOCs, ethylbenzene and
toluene were also found to significantly increase asthma risk.
Use of everyday household products can create high indoor
concentrations of VOCs. Household cleaning products, polishes, air fresheners,
paints, floor adhesives, carpets, and environmental tobacco smoke are just some
of VOC sources. The researchers urge property owners to use products that emit
the lowest amount of VOCs, avoid the use of carpeting whenever possible, and
eliminate environmental tobacco smoke from the home.
“Maurci’s
House” Burglarized in Hurricane Ivan Aftermath
“Maurci’s House,” a lead-safe home in
Birmingham, AL, was burglarized after Hurricane Ivan passed through the state
in mid-September. Families whose homes are undergoing lead hazard control stay
in this safe house to prevent their children from ingesting lead from hazards
created by the repair work.
The thieves ransacked the home, stealing most of the furniture and even taking
the electronic alarm system, which may have been disabled by the hurricane.
The Birmingham Police are investigating the crime.
“Maurci’s House” was named after the
late Maurci Jackson, a Chicago native and a leader in parent-led childhood lead
poisoning prevention. In the early 1990s, Jackson co-founded United Parents
Against Lead, a national nonprofit organization that advocates against lead
poisoning and other environmental hazards.
The Citizens Lead Education and Poison Prevention Organization
(CLEPP) is seeking donations to refurnish “Maurci’s House.”
Please make checks payable to CLEPP and mail to 130 Wildwood Pkwy, Ste. 108,
#363, Birmingham, AL 35209. Include a note indicating that the donation is for
“Maurci’s House.”
National
Center, Abt Associates Unveil www.leadsafehomes.info
The National Center for Healthy Housing and Abt Associates,
Inc. have unveiled a new lead hazard information resource. The online tool,
www.leadsafehomes.info,
was developed with grant funding from HUD. The site provides integrated data
on lead hazards and lead poisoning from three cities—Baltimore, Boston,
and Chicago. Additional information from Maryland and Massachusetts is also
available on the site.
The website allows users to search for specific addresses
within the three cities and access information related to the lead safety status
of that address. Pre-1950 and pre-1960 homes are identified by color, and symbols
are used to designate addresses where lead testing and lead hazard control have
occurred. Users can also obtain an individual report for each property.
The new tool also displays lead poisoning rates by neighborhood,
lists local certified lead inspectors and abatement contractors, provides users
with information about local lead laws, offers contact information for government
agencies involved in lead safety, and catalogs local and national resources
for reducing lead hazards.
The website was developed for renters, homeowners, landlords,
policymakers, health and housing programs, and community groups, though it is
accessible to any member of the general public. The National Center and Abt
hope to obtain additional funding to add additional cities and states in the
future.
Upcoming
Conferences and Trainings
The New England Asthma Regional Council (ARC) is sponsoring
a free one-day training—Healthy and Affordable Housing—in Boston
on October 13. The training will provide practical suggestions on how to prevent,
repair, and maintain homes to minimize housing conditions that can contribute
to respiratory problems and other health concerns (radon, combustion gases,
VOCs, and more). For more details, contact Stacey Roberts at sroberts@tmfnet.org
or 617-451-0049. ARC has also posted an important technical resource booklet
on how to build and renovate affordable housing while minimizing asthma triggers
such as mold, dust mites, and pests like cockroaches and rodents. To view the
booklet, visit www.asthmaregionalcouncil.org/documents/READTHIS6.07.04.pdf.
The American Public Health Association will hold its Annual
Meeting and Exposition November 6-10 in Washington, DC. The meeting will include
over 900 scientific sessions, a variety of special sessions, a networking reception,
and an awards ceremony. More information is available at www.apha.org/meetings
or by calling Anna Keller at 202-777-2476.
Indiana will hold its Lead-Safe and Healthy Homes Conference
in Indianapolis on November 9 and 10. The conference will include several plenary
speakers, including Dr. Mary Jean Brown of CDC and Dennis Livingston. For more
information, visit www.ikecoalition.org
or call Improving Kids’ Environment at 317-442-3973.
The Western Regional Conference on Mold, Lead, Healthy
Homes, and Children’s Environmental Health will be held in Berkeley, CA,
November 17-19. The conference will cover children’s environmental health;
health education; lead hazard control and healthy homes practices, programs,
and policies; and mold prevention, assessment, and remediation. More information
is available at www.leadmoldconferences.com/04pdfs/2004WesternRegConf.pdf
or by calling Steve Weil at 1-800-590-6522.
The Institute of Medicine (National Academy of Sciences)
is hosting a regional Roundtable workshop at the University of Iowa in Iowa
City. The workshop, Rebuilding the Unity of Health and the Environment in Rural
America, will focus on a variety of topics, including health and the built environment.
The workshop will include dialogue among business leaders, urban planners, public
health scientists, environmental scientists, health care providers, educators,
and the general public. Registration information is available at www.iom.edu/event.asp?id=21316.
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