Four years ago, Boston Mayor Thomas Menino wrote an article for this publication highlighting the effectiveness of his efforts to combat the rise in childhood lead poisoning. He outlined how he was eliminating the problem and how others, such as Baltimore Mayor Martin O’Malley, were being successful too. Their secret: Public-private partnerships, revising their city housing codes, holding bad landlords accountable with strong enforcement and targeting resources to the most blighted neighborhoods in the city. 

Since then there have been several developments swirling around this issue in the courts and elsewhere and we think its time to update our members on where we believe New Jersey cities ought to be going. First, Mayor Menino was right and the facts we lay out below will show that we are making strides by using his model. Lead poisoning is a concern in New Jersey, but it is one that is finite and one that is solvable.  

Second, New Jersey cities and towns working with the state have made dramatic improvements in the rates of childhood lead poisoning and are ahead schedule to rid the state of childhood lead poisoning by 2010.  While no one should declare victory until there are no cases of lead poisoning, the rates are clearly in decline.  Given the great strides we have made to date, we believe the pursuit of litigation against paint companies to solve this multi-faceted public policy issue is misguided and may actually impede the progress we are making.  Suing the paint companies is even more dubious given the fact that there are several sources of lead poisoning, not just one.  The New Jersey Interagency Task Force on the Prevention of Lead Poisoning has noted that lead exposure in New Jersey can come from soil contaminated by through industrial pollution, drinking water contaminated by lead pipes, clothing worn by workers exposed to lead at their jobs, imported food and other products such as cosmetics, toys and mini-blinds, and certain home remedies.    

As Menino and O’Malley showed us, the way to solving the problem is not by suing the paint companies and sitting on the sidelines gambling on questionable legal theories to protect our kids. The way to solve it is by getting in the game, rolling up our sleeves and enforcing the current housing codes. Cities and towns across New Jersey have demonstrated by working with everyone at the table -- from the community groups to the statehouse to the paint companies -- things can get done.  We worked with the paint companies to impose a tax on paint for funding remediation and education efforts.  We successfully lobbied Washington to get more funds into our cities (the US Department of Housing and Urban Developments has funded an additional $200 million dollars for lead paint demonstration projects over the last four years) and New Jersey mayors have received grants from public-private partnerships such as The U.S. Conference of Mayors and DuPont’s Cities United for Science Progress Lead-Safe for Kids’ Sake grant program.

 

So is what we are doing working?  In June 2001, New Jersey’s Department of Health and Senior Services (“DHSS”) published Health New Jersey 2010, A Health Agenda for the first Decade of the New Millenium.  This publication set forth the DHSS’s public health agenda to build a healthier New Jersey.  As part of that vision, DHSS sought to achieve two benchmarks in the area of elevated blood lead levels in New Jersey children by 2010:  (1) increasing the percentage of children tested for elevated blood lead levels by age two to 85%; and (2) reducing the percentage of children tested whose initial blood lead level is > 10ug/dL by 50%. 

The 2005 update published by DHSS shows that the percentage of children two or under who have been screened for elevated blood lead levels has risen substantially over the first three years of this decade from 33% in FY 2000 to 68% in FY 2003.  Remarkably, DHSS statistics show that as New Jersey is increasing the number of children tested for elevated blood lead levels, the percentage of children tested with blood lead levels > 10 (CDC’s threshold level of concern) is decreasing -- from 5% in FY 2000 to 3% in FY 2003.  Of the more than 170,000 New Jersey children tested in FY 2003, 0.5% had a blood lead level of > 20 ug/dL, the level at which state law requires a public health investigation.  The statistics reflect this decrease even though New Jersey tested nearly 40,000 more children in FY 2003 than it did in FY 2000.

One of the major reasons for this success:  Strong code enforcement by government agencies of properties where land owners permit lead hazards to exist and subsequent remedial measures taken to correct violations.  Over the past six reporting periods (FY 1997 through FY 2003), over 90% of investigations required under the law have been conducted and 77% of those have been remedied.  Mayors are working hard and it shows. 

As blood lead levels of New Jersey’s children continue to decline, state and local programs that focus on targeted neighborhoods, neglected properties and bad landlords will help achieve a lead safe New Jersey by 2010.  Mayors should be optimistic on this front because the decreases the state has seen through FY 2003 have been achieved without the benefit of landmark legislation passed in 2004.  With the enactment of the Lead Hazard Control Assistance Act in January 2004, New Jersey now has the means to assist residential property owners to make their properties lead safe, as well as the ability to relocate children with elevated blood lead levels to lead-safe housing and provide even more public education and training. 

The Act, passed with the support of all the stakeholders from local government to community groups to the paint companies, created a statewide fund for all residential property owners to remediate lead paint hazards on their property.  The Fund will provide low interest loans and grants in the form of forgivable loans for this purpose.  Funding for the program will come from a sales tax on paint.  The state anticipates that it will collect between $7 and $14 million annually for the fund.  The Act also allocates a minimum of $1 million to provide public education programs and training for lead abatement activities and creates a Lead-Safe Housing Registry.  In addition to the programs established by the Lead Hazard Control Assistance Act, the state government initiated a $50 million, five year program in 2005 to inspect over 850,000 dwelling units for lead safety. 

As these federal, state and local resources are brought together to achieve the goal of a lead-safe New Jersey by 2010, our city, county and state agencies should maintain their focus on targeted neighborhoods to address poorly maintained properties.  Of New Jersey’s 112 local health department’s just 13 accounted for over 70% of the reported cases of elevated blood lead levels.  In addition, 16 of the 21 counties in New Jersey were below the state average of 3% of children tested with elevated blood lead levels. 

We are making progress by working together.  We cannot afford to wait years and years, spending countless resources, chasing what may be an illusive prize of litigation. Instead, success will be gained only by hard work -- community and private sector team work -- just as it is with most issues mayors deal with everyday.