,i #aagth ,,congress #b;d ,session ,h4 ,r4 #gage ,,in ,,the ,,house ,,of ,,representatives ,march #ah1 #bjbb,mrs4 ,torres of ,california introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require disclosure of asbestos hazards in the sale and lease of residential dwellings1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,asbestos ,exposure in ,housing ,reduction ,act of #bjbb4 #b4 ,disclosure in sale or lease of housing 7a7 ,required disclosure ,the ,secretary of ,housing and ,urban ,development and the ,administrator of the ,environmental ,protection ,agency shall1 not later than the expiration of the #b-year period beginning on the date of the enactment of this ,act1 jointly issue regulations under this section requiring the disclosure of asbestos hazards in dwellings that are offered for sale or lease4 ,such regulations shall require that1 before the purchaser or lessee is obligated under any contract to purchase or lease the dwelling1 the seller or lessor shall-- 7#a7 disclose to the purchaser or lessee the presence of any known asbestos1 and any known asbestos-based hazards1 in such dwelling and provide to the purchaser or lessee any asbestos hazard evaluation report available to the seller or lessor2 and 7#b7 permit the purchaser a #aj-;day period 7unless the parties mutually agree upon a different period of time7 to conduct a risk assessment or inspection for the presence of asbestos hazards4 7b7 ,asbestos ,warning ,statement ,the regulations issued under this section shall provide that every contract for the purchase and sale of any interest in a dwelling1 and every contract for lease of a dwelling1 shall contain an ,asbestos ,warning ,statement and a statement signed by the purchaser or lessee that the purchaser has-- 7#a7 read the ,asbestos ,warning ,statement and understands its contents2 and 7#b7 had a #aj-;day opportunity 7unless the parties mutually agreed upon a different period of time7 before becoming obligated under the contract to purchase the dwelling to conduct a risk assessment or inspection for the presence of asbestos-based hazards4 7c7 ,contents of asbestos warning statement ,the ,asbestos ,warning ,statement shall contain the following text printed in large type on a separate sheet of paper attached to the contract3 ,every purchaser of any interest in residential real property on which a dwelling is located1 and every lessee of a dwelling1 is notified that such property may present exposure to asbestos that may place occupants at risk of lung disease and mesothelioma--a form of cancer4 ,the seller of any interest in residential real property1 and the lessor of a dwelling1 is required to provide the buyer or lessee1 respectively1 with any information on asbestos-based hazards from risk assessments or inspections in the seller's or lessor's possession and notify the buyer or lessee of any known asbestos-based hazards4 ,a risk assessment or inspection for possible asbestos-based hazards is recommended prior to purchase or lease44 7d7 ,compliance assurance ,whenever a seller or lessor has entered into a contract with an agent for the purpose of selling or leasing a dwelling1 the regulations issued under this section shall require the agent1 on behalf of the seller or lessor1 to ensure compliance with the requirements of this section4 7e7 ,penalties for violations 7#a7 ,monetary penalty ,any person who knowingly violates any provision of this section shall be subject to civil money penalties in accordance with the provisions of section #ajb of the ,department of ,housing and ,urban ,development ,reform ,act of #aihi 7#db ,u4,s4,c4 #cede74 7#b7 ,injunction authority ,the ,secretary is authorized to take such lawful action as may be necessary to enjoin any violation of this section4 7#c7 ,civil liability 7,a7 ,in general ,any person who knowingly violates the provisions of this section shall be jointly and severally liable to the purchaser or lessee in an amount equal to #c times the amount of damages incurred by such individual4 7,b7 ,costs ,in any civil action brought for damages pursuant to this paragraph1 the appropriate court may award court costs to the party commencing such action1 together with reasonable attorney fees and any expert witness fees1 if that party prevails4 7#d7 ,prohibited act ,it shall be a prohibited act under sections #ae and #dji of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfad1 #bfhi7 for any person to fail or refuse to comply with a provision of this section or with any rule or order issued under this section4 ,for purposes of enforcing this section under the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq471 the penalty for each violation applicable under section #af of such ,act 7#ae ,u4,s4,c4 #bfae7 shall not be more than #aj1jjj4 7f7 ,validity of contracts and liens ,nothing in this section shall affect the validity or enforceability of any sale or contract for the purchase and sale or lease of any interest in residential real property or any loan1 loan agreement1 mortgage1 or lien made or arising in connection with a mortgage loan1 nor shall anything in this section create a defect in title4 7g7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,asbestos ,the term asbestos has the meaning given such term in section #bjb of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfdb74 7#b7 ,asbestos-based hazard ,the term asbestos-based hazard means any condition that causes exposure to asbestos that would result in adverse human health effects as established by the appropriate ,federal agency4 7#c7 ,dwelling ,the term dwelling means any dwelling1 as such term is defined in section #hjb of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjb7 that was constructed prior to #bjai4 ,the exemptions under section #hjc7;b7 of such ,act 7#db ,u4,s4,c4 #cfjc7 shall not apply for purposes of this ,act4 7#d7 ,inspection ,the term inspection means an on-site investigation to determine the presence of asbestos and the provision of a report explaining the results of the investigation4 7#e7 ,risk assessment ,the term risk assessment means an on-site investigation to determine and report the existence1 nature1 severity and location of asbestos-based hazards in dwellings1 including-- 7,a7 information gathering regarding the age and history of the housing2 7,b7 visual inspection2 7,c7 sampling or other environmental sampling techniques2 7,d7 other activity as may be appropriate2 and 7,e7 provision of a report explaining the results of the investigation4 7h7 ,effective date ,the regulations issued under this section shall take effect upon the expiration of the #b-year period beginning on the date of the enactment of this ,act4 7i7 ,authorization of appropriations ,there is authorized to be appropriated for each fiscal year such sums as may be necessary to carry out this section4