AB 358,
as amended, Holden. begin deleteChildhood Lead Poisoning Prevention Act of 1991. end deletebegin insertLead hazard evaluation.end insert
Existing law requires the State Department of Public Health to implement and administer a program to meet the requirements of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992. Under existing law, a person who engages in lead hazard evaluations is required to obtain certification from the department and to comply with specified regulations. Violation of those provisions is a misdemeanor.
end insertbegin insertThis bill would require a lead hazard evaluation to be conducted in a manner that provides quantitative or qualitative results, as determined by the department, using tests recognized by the United States Environmental Protection Agency. By expanding the scope of a crime, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law, the Childhood Lead Poisoning Prevention Act of 1991, requires the State Department of Public Health to adopt regulations establishing a standard of care, at least as stringent as the most recent United States Centers for Disease Control and Prevention blood lead level screening guidelines, under which all children are required to be evaluated for risk of lead poisoning by health care providers during each child’s periodic health assessment. These provisions are to be implemented only to the extent there are sufficient fees collected from certain manufacturers and persons who significantly contributed or currently contribute, or both, to environmental lead contamination. The act defines “environmental lead contamination” as the persistent presence of lead in the environment, in quantifiable amounts, that results in ongoing and chronic exposure to children.
end deleteThis bill would specify that quantifiable amounts of lead are amounts that can be accurately measured by quantitative or qualitative means, as determined by the department.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 105253 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert
(a) begin insert(1)end insertbegin insert end insertAny person issued a certificate by the
4department to conduct lead-related construction work, abatement,
5or lead hazard evaluation, shall comply with regulations as
6specified in Chapter 8 (commencing with Section 35001) of
7Division 1 of Title 17 of the California Code of Regulations, as
8adopted pursuant to Sections 105250 and 124160.
9(2) Lead hazard evaluation for public and residential buildings
10shall be conducted in a manner that provides quantitative or
11qualitative results, as determined by the
department, using tests
12recognized by the United States Environmental Protection Agency.
13(b) It is unlawful for any person to do either of the following:
14(1) Falsely represent himself or herself as possessing a certificate
15issued by the department to conduct lead-related construction work,
16abatement, or lead hazard evaluation.
17(2) Submit false information or documentation to the department
18in order to obtain or renew a certificate to conduct lead-related
19construction work, abatement, or lead hazard evaluation.
P3 1(c) The department or any local enforcement agency may,
2consistent with Section 17972, enter, inspect, and photograph any
3premises or facilities, and inspect and copy any business record,
4where any person issued a
certificate by the department to perform
5lead-related construction work conducts business to determine
6whether the person is complying with this section.
7(d) A violation of this section shall be punishable by
8imprisonment for not more than six months in the county jail, a
9fine of not more than one thousand dollars ($1,000), or by both
10that imprisonment and fine.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.
Section 105280 of the Health and Safety Code
21 is amended to read:
For purposes of this chapter, the following definitions
23apply:
24(a) “Appropriate case management” means health care referrals,
25environmental assessments, and educational activities, performed
26by the appropriate person, professional, or entity, necessary to
27reduce a child’s exposure to lead and the consequences of the
28exposure, as determined by the United States Centers for Disease
29Control and Prevention, or as determined by the department
30pursuant to Section 105300.
31(b) “Lead poisoning” means the disease present when the
32concentration of lead in whole venous blood reaches or exceeds
33levels constituting a
health risk, as specified in the most recent
34United States Centers for Disease Control and Prevention
35guidelines for lead poisoning as determined by the department, or
36when the concentration of lead in whole venous blood reaches or
37exceeds levels constituting a health risk as determined by the
38department pursuant to Section 105300.
39(c) “Department” means the State Department of Public Health.
P4 1(d) “Health assessment” has the same meaning as prescribed in
2Section 6800 of Title 17 of the California Code of Regulations.
3(e) “Screen” means the medical procedure by which the
4concentration of lead in whole venous blood is measured.
5(f) “Health care” means the
identification, through evaluation
6and screening, if indicated, of lead poisoning, as well as any
7followup medical treatment necessary to reduce the elevated blood
8lead levels.
9(g) “Environmental lead contamination” means the persistent
10presence of lead in the environment, in quantifiable amounts that
11can be accurately measured by quantitative or qualitative means,
12as determined by the department, that results in ongoing and
13chronic exposure to children.
O
98