Delaware is first state to ban lead paint on outdoor structures

Some 40 years after the federal government banned lead paint for residential use, Gov. John Carney signed a bill Aug. 29 that prohibits its use on outdoor structures. HB 456, which passed both chambers of the Delaware General Assembly unanimously, makes Delaware the first state in the nation to ban the new application of lead paint on bridges, water towers, playground equipment, highways, parking lots, and utility towers and poles.

Lead is a neurotoxin with dangerous and irreversible health effects. Inhalation or ingestion of lead paint chips, grit or dust from weathering outdoor structures causes neurological damage, behavioral changes and learning disabilities among children, and is also dangerous for adults. There are no safe levels of exposure to lead, and the U.S. Centers for Disease Control and Prevention report that between 2012 and 2016, 2-3 percent of Delaware children 5 years of age and younger had elevated levels of lead in their blood.

This legislation resulted from a two-year effort by Sarah Bucic, RN, and Amy Roe, PhD, to address state regulations that allow sandblasting of lead paint from outdoor structures without any state oversight or health protections. It was through their grassroots campaign that the current loophole that allows lead paint to continue to be applied was identified and addressed.

“HB 456 mandates a phase-out of lead paint on outdoor structures and the development of regulations to govern the ban,” said Kenneth Kristl, professor of law and director of the environmental and natural resources law clinic at the Delaware Law School. “HB 456 makes Delaware the first state to protect its citizens and the environment from the dangers of using lead paint on outdoor structures. The clinic was proud to play a role in drafting the legislation that became HB 456.”

This bill was a collaboration of Democrats and Republicans who worked together to close the loophole that allowed lead paint to be legally applied to outdoor structures. It was co-sponsored by all members of the Delaware Senate and was unanimously passed by both the House and Senate chambers.

"Like most Americans, I thought that lead paint was illegal. I didn't realize that the federal law only applied to residential use” said Rep. Earl Jaques, D-Newark, who sponsored the bill in the House.  “I was more than happy to join with Amy Roe and Sarah Bucic to ban outdoor use in our state."

“Lead paint is toxic, no matter where you use it,” said HB 456’s Senate sponsor, Sen. Stephanie Hansen, D-Middletown. “Even small amounts of lead paint pose extremely serious health risks to Delaware families, especially children. The lead paint ban is so common-sense that much of the public assumes that it’s universal. While that ought to be the case, the federal ban only applies to residential settings; until now state law allowed for lead paint to be used outdoors – even on playground equipment. We need to be vigilant about protecting our families from environmental health hazards, and this legislation is an important step forward in that fight.”

“This law is an extremely important precedent that will protect workers, minimize environmental contamination and serve as a model for other states and federal action” said Perry Gottesfeld, president of Occupational Knowledge International, an organization that works to identify, monitor, and mitigate environmental and occupational exposures to hazardous materials in order to protect public health and the environment.

HB 456 also had the support of the Delaware Academy of Medicine/Delaware Public Health Association, Delaware Nature Society, Delaware Nurses Association, Delaware PTA, Green Delaware, League of Women Voters of Delaware, NAACP Delaware State Conference of Branches, and The Arc of Delaware, as well as the Christina School District Board of Education.