COLUMBUS — A Republican-controlled Senate subcommittee remains divided over a controversial measure that would block Toledo’s lead inspection ordinance.
The panel’s chairman, Sen. Bob Hackett (R., London), briefly mentioned the issue in his report to the full Senate Finance Committee on Tuesday, but he offered no recommendation on whether the issue should remain in the next two-year budget that must reach Gov. John Kasich’s desk by June 30.
Democrats, however, plan to try to strip the language that the House inserted into the budget to give the Ohio Department of Health exclusive authority to regulate lead abatement in the state.
“The Toledo ordinance will work to prevent the lead poisonings from actually happening, whereas our current state law only addresses the issue after a child has already been poisoned …,” said Sen. Charleta Tavares (D., Columbus), ranking Democrat on the Health and Medicaid Subcommittee.
“I ask that this committee strike Rep. [Derek] Merrin’s language added to the budget bill,” she told members of the full finance committee. “Should the General Assembly desire to examine the serious problem of lead poisoning in children, the city of Toledo would gladly welcome the discussion and to be part of a statewide solution.”
Toledo’s ordinance, passed in August and revised in April, mandates that rental properties built before 1978 with up to four units and home day-care centers undergo inspections to be certified “lead-safe.” Should a property fail inspection and then pass, the property is issued a three-year certificate.
Those passing the first time around receive six-year certificates.
The city has argued that it should be allowed to proceed with its program while the state puts together its own plan. Other big cities have come to Toledo’s defense, arguing that the move is the latest attempt to erode local government’s constitutional right to home rule.
Mr. Merrin, a freshman Republican from Monclova Township, succeeded in having the amendment added to the House version of the budget. Among other things, he claims the ordinance is unconstitutional because it targets a minority of smaller rental priorities while exempting larger apartment complexes and owner-occupied homes.
“We’re still in discussions,” said Mr. Hackett, who chairs the health subcommittee. “The state has some already existing regulations. … We have very different opinions on that committee.”
The Senate Finance Committee expects to put its stamp on the two-year spending plan and will forward it to the full Senate for a vote in about two weeks. House Bill 49, the budget bill, then likely will end up in a conference committee to hammer out a compromise.
Senate Democrats, outnumbered 24-9, were outspoken with their specific recommendations for the budget. The Republican subcommittee chairmen, however, were not, instead largely summarizing what they heard in hearings.
The tough decisions will be likely be made behind closed doors in GOP caucus before Finance amends the bill.
Contact Jim Provance at: jprovance@theblade.com or 614-221-0496.
First Published May 31, 2017, 4:00 a.m.
