BILL ANALYSIS �
AB 358
Page 1
Date of Hearing: April 30, 2013
ASSEMBLY COMMITTEE ON HEALTH
Richard Pan, Chair
AB 358 (Holden) - As Amended: March 19, 2013
SUBJECT : Lead hazard evaluation.
SUMMARY : Requires that lead hazard evaluation for public and
residential buildings be conducted in a manner that provides
quantitative or qualitative results, as determined by the
Department of Public Health (DPH), using tests recognized by the
United States (U.S.) Environmental Protection Agency (EPA).
EXISTING LAW :
1)Establishes within DPH an occupational lead poisoning
prevention program, to perform specific tasks including, but
not limited to, the following: a) developing a system for
monitoring laboratory reports of cases of adult lead toxicity
in order to create an occupational lead poisoning registry; b)
following up on reported cases of occupational lead poisoning
to ascertain the source of lead exposure; c) conducting
investigations in cases where take-home exposure may be
occurring, where there is likelihood of identifying additional
cases, or where a previously unidentified risk factor may be
present; d) conducting training of employers, employees, and
health professionals regarding prevention of occupational lead
poisoning; and, e) making recommendations for the prevention
of lead poisoning.
2)Establishes within DPH, the California Lead-Related
Construction Program (Program) to meet the requirements of the
federal Residential Lead-Based Paint Hazard Reduction Act of
1992 (Act). Provides that the Program is responsible for
evaluating and accrediting training providers who teach lead
specialists how to find and abate lead hazards, and for
evaluating the qualifications of applicants for lead
certification, as specified.
3)Defines lead poisoning as the disease present when the
concentration of lead in whole venous blood reaches or exceeds
levels constituting a health risk, as specified, or in the
most recent U.S. Centers for Disease Control and Prevention
(CDC) guidelines for lead poisoning, as specified.
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4)Requires DPH to establish a standard of care where all
children are evaluated for the risk of lead poisoning by
health care providers during each child's periodic health
assessment.
5)Prohibits any person from performing lead-related construction
work on any residential or public building in a manner that
creates a lead hazard. Requires that specific persons who are
engaged in lead construction work must obtain a certificate.
Requires accreditation of providers who perform health and
safety training to employees who engage in or supervise
lead-related construction work.
6)Defines, under regulations, a lead hazard evaluation as the
on-site investigation, for compensation, of lead-based paint
or lead hazards for public and residential buildings, but does
not include:
a) Activities intended to determine adequacy of
containment;
b) Air monitoring for lead, as specified; or,
c) Testing components removed from a residential or public
building for lead to determine the applicability of
hazardous water requirements, as specified.
7)Establishes, by initiative, Proposition 65 which requires the
state to publish a list of chemicals, including lead, known to
cause cancer or birth defects or other reproductive harm, and
requires businesses to notify Californians about significant
amounts of chemicals in the products they purchase, in their
homes or workplaces, or that are released in the environment.
FISCAL EFFECT : This bill has not yet been analyzed by a fiscal
committee.
COMMENTS :
1)PURPOSE OF THIS BILL . 3M is the sponsor of this measure.
According to the author, California's lead detection
regulations do not reflect current EPA approved lead testing
standards. Existing DPH standards reference U.S. Department
of Housing and Urban Development (HUD) Guidelines published in
1995 which did not authorize qualitative chemical tests.
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Recent HUD guidelines, published in 2012, authorize the use of
three EPA-approved qualitative chemical tests, however DPH
regulations remain out-of-date. This bill authorizes the use
of EPA-recognized qualitative chemical tests to detect the
presence of lead until DPH updates its regulations to
reference HUD guidelines on the evaluation and control of
lead-based paint hazards in housing.
2)BACKGROUND .
a) Lead . According to the CDC, lead is a bluish-gray metal
with various useful properties, such as low melting point,
pliability, and resistance to corrosion. Lead has been
used in many products and is harmful to the human body.
Human lead exposure occurs when dust and fumes are inhaled
and when lead is ingested via lead-contaminated hands,
food, water, cigarettes, and clothing. Lead entering the
respiratory and digestive systems is released into the
blood and distributed throughout the body. More than 90%
of the total body burden of lead is accumulated in the
bones, where it is stored for decades. Lead in bones may
be released into the blood and re-exposes organ systems
long after the original environmental exposure. This
process can also expose the fetus to lead in pregnant
women. Children under six years old are also at high risk
of the harmful effects of lead poisoning. Young children
under six years of age who spend time in homes, childcare
centers, or buildings built before 1978 that have chipping
or peeling paint, and young children who play in bare soil
are among those who are at high risk of getting lead into
their bodies. Adults who work in jobs or hobbies where
they work with lead may bring the lead dust home on their
clothes or equipment and expose household members. The
common sources of lead include lead-based paint (pre-1978),
lead-contaminated soil, certain cosmetics, pottery,
candies, and tableware with leaded glaze. According to the
CDC, at least four million households have children living
in them who are being exposed to lead. There are
approximately half a million U.S. children ages one to five
with blood lead levels above five micrograms per deciliter
(?g/dL), the reference level at which CDC recommends public
health actions be initiated. Lead exposure can affect
nearly every system in the body, and because lead exposure
often occurs with no obvious symptoms, it frequently goes
unrecognized.
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b) Childhood Lead Poisoning Prevention Act . In California,
the Childhood Lead Poisoning Prevention Act established the
Childhood Lead Poisoning Prevention Program which is
administered by DPH to: compile information concerning the
prevalence, causes, and geographic occurrence of childhood
blood lead levels; identify and target areas of the state
where childhood lead exposures are especially significant;
and, analyze information collected, as specified, and where
indicated, design and implement a program of medical
followup and environmental abatement and followup that will
reduce the incidence of excessive childhood lead exposures
in California. Health plans and health insurers are also
required to provide lead screening for children. A
laboratory that performs a blood lead analysis on a
specimen of human blood must report specified information
to DPH, including test results in ?g/dL, the name of the
person tested, the name and address of the analyzing
laboratory, the accession number of the specimen, and the
date the analysis was performed. If the result of the
blood lead analysis is a level equal to or greater than 10
?g/dL of blood, the report must be submitted within three
working days of the analysis and if the result is less than
10 ?g/dL, the report must be submitted within 30 calendar
days.
c) Guidelines for the Evaluation and Control of Lead-Based
Paint Hazards in Housing (Guidelines). As indicated above,
adults are also exposed to lead, most notably construction
workers. The Residential Lead-Based Paint Hazard Reduction
Act, which is also administered by DPH, was established to
implement the federal Act, which is designed to direct the
nation's response to the public health problem of
lead-based paint hazards in housing and to increase the
protection for workers exposed to lead hazards throughout
the construction industry. As part of this Act, the
Guidelines were issued by HUD. The Guidelines complement
regulations issued by HUD., the EPA, and the national
Occupational Safety and Health Administration and policies
from the CDC on how to identify and control lead-based
paint and related hazards in housing and to help property
owners, government agencies, and private contractors
sharply reduce childhood exposure to lead without
unnecessarily increasing the cost of renovation. These
Guidelines can be used by those who are required to
identify and control lead paint hazards, as well as
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property owners, landlords, and child-care center
operators. They offer helpful advice on renovations in
older housing, lead-based paint inspections and risk
assessments, and where to go for help. The Guidelines also
outline what users have to do to meet requirements and
recommendations; identify training, and if applicable,
certification required for people who conduct the work;
and, describe how the work should be done. The first
edition of the Guidelines was first published in 1995, and
the second edition was published in 2012.
d) Evaluating Lead Hazards . According to the Guidelines,
the principal lead hazard evaluation methods are the
following:
i) Risk Assessment or Lead Hazard Screen . Risk
assessment is an onsite investigation of a residential
building for lead-based paint hazards and includes, but
may not be limited to: a visual inspection; targeted
environmental sampling of dust, soil, and deteriorated
paint; and, a report of the results that identifies
acceptable abatement and interim control strategies for
controlling any identified lead-based paint hazards.
Risk assessments and paint inspections can be combined to
provide a more comprehensive evaluation of lead hazards.
Lead Hazard Screen is a limited assessment of hazards
performed in accordance with the methods and standards
made by the state or EPA, as appropriate. A lead hazard
screen may identify the need for a follow-up risk
assessment.
ii) Risk Assessment Combined with Lead-Based Paint
Inspection . Lead-based paint inspection is a
surface-by-surface investigation of all painted surfaces
- interior and exterior - in common areas of multi-family
buildings, as well as, in dwelling units. The inspection
uses portable X-ray fluorescent (XRF) analyzers and/or
laboratory analysis of paint samples to determine the
presence of lead-based paint and provides a report of the
results. Inspections to identify the presence of
lead-based paint should not be confused with clearance
examinations, risk assessments, or investigations of
homes with lead-poisoned children. Adding a visual
assessment will identify the presence of deteriorated
paint that is a hazard.
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iii) Lead-Based Paint Inspection Combined with Visual
Assessment . Visual Assessment alone is an alternative to
evaluation. Under some circumstances, such as for
dwelling units occupied by families with tenant-based
rental assistance or as part of ongoing lead-based paint
maintenance, property owners or housing quality
inspectors may conduct a visual assessment to identify
any deteriorated paint, unusual amounts of visible dust,
or other conditions that suggest the possible existence
of lead hazards. HUD does not consider a visual
assessment by itself to constitute an "evaluation"
because it does not include a scientific test for the
presence of lead. Nevertheless, a visual assessment that
is combined with a lead-based paint inspection can
identify the presence of lead-based paint hazards.
iv) Chemical Test Kits . Chemical test kits, also known
as spot test kits, are intended to show a color change
when a part of the kit makes contact with the lead in
lead-based paint. Because of how long it has been since
the application of lead-based paint in residential units
was banned, often the surface coat does not contain
significant levels of lead. Many spot test kits require
exposing all the layers of paint by slicing or some other
method. One type of chemical test kit is based on the
formation of lead sulfide, which is black, when lead in
paint reacts with sodium sulfide. Another is based on
the formation of a red or pink color when lead in paint
reacts with sodium rhodizonate. As of the publication of
the Guidelines, three chemical test kits for lead have
been approved by the EPA. Specifically, when a certified
renovator obtains a negative response from an
EPA-recognized test kit, indicating that lead-based paint
is not detected, the certified renovator may use the
response to determine whether the renovation project is
exempt from the Renovation, Repair & Painting Rule
(requires workers to be certified and trained in the use
of lead-safe work practices, and requires renovation,
repair, and painting firms to be EPA-certified).
Similarly, when a certified inspector or risk assessor
obtains a negative response from an EPA-recognized test
kit, but not a positive response, the response may be
included in a lead-based paint inspection, hazard screen
or risk assessment report.
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3)SUPPORT . According to 3M, this bill allows DPH to include EPA
recognized test kits in its lead testing programs. By
allowing more options for lead testing, more lead would be
detected and eradicated.
4)DOUBLE REFERRAL . This bill is double referred, it was heard
on April 16, 2013, in the Assembly Environmental Safety and
Toxic Materials Committee and passed out on 7-0 vote.
5)SUGGESTED TECHNICAL AMENDMENTS . To be consistent with the
lead hazard evaluation methods that are approved by the EPA,
this bill should be amended as follows:
Lead hazard evaluation for public and residential buildings
shall be conducted in a manner that provides quantitative or
qualitative results , as determined by the department, using
tests lead hazard evaluation methods recognized by the United
States Environmental Protection Agency.
REGISTERED SUPPORT / OPPOSITION :
Support
3M (sponsor)
California Chamber of Commerce
Opposition
None on file.
Analysis Prepared by : Rosielyn Pulmano / HEALTH / (916)
319-2097