BILL NUMBER: AB 1730 CHAPTERED 09/19/00 CHAPTER 540 FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2000 APPROVED BY GOVERNOR SEPTEMBER 18, 2000 PASSED THE ASSEMBLY SEPTEMBER 1, 2000 PASSED THE SENATE AUGUST 29, 2000 AMENDED IN SENATE AUGUST 28, 2000 AMENDED IN SENATE AUGUST 7, 2000 AMENDED IN SENATE JULY 3, 2000 AMENDED IN SENATE JUNE 15, 2000 AMENDED IN ASSEMBLY MAY 16, 2000 AMENDED IN ASSEMBLY MAY 2, 2000 INTRODUCED BY Assembly Member Cardenas (Coauthor: Assembly Member Honda) (Coauthors: Senators Escutia, Polanco, and Solis) JANUARY 5, 2000 An act relating to lead poisoning, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1730, Cardenas. Lead poisoning prevention. Existing law provides for a residential lead-based paint hazard reduction program implemented and administered by the State Department of Health Services. Existing law establishes within the State Department of Health Services a program to meet the federal requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Housing and Community Development Act of 1992 and requires the adoption of regulations for this purpose. Existing law, the Childhood Lead Poisoning Prevention Act of 1991, requires the department to implement a program in which children are evaluated and screened for risk of lead poisoning, and provided with medically necessary followup services pursuant to appropriate case management. Existing law imposes a fee on certain manufacturers and other persons formerly, presently, or both formerly and presently engaged in the stream of commerce of lead or products containing lead, or who are otherwise responsible for identifiable sources of lead. Existing law requires that the fees collected be deposited in the Childhood Lead Poisoning Prevention Fund that is required to be expended for purposes of the act upon appropriation by the Legislature. This bill would appropriate $1,514,000 from the General Fund and $317,000 from the Federal Trust Fund to the department for specified child lead poisoning programs. This bill would also require the Bureau of State Audits to conduct a followup assessment of the effectiveness of specified State Department of Health Services child lead poisoning program regulations and to submit the results of the assessment to specified legislative committees by May 1, 2001. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) There is hereby appropriated the sum of one million five hundred fourteen thousand dollars ($1,514,000) from the General Fund to the State Department of Health Services as follows: (1) The sum of one million thirteen thousand dollars ($1,013,000) in augmentation of the appropriation made in Item 4260-111-0001 of the Budget Act of 2000 for Program 20.40 Primary Care and Family Health to fund lead poisoning screening or evaluation of children. (2) The sum of three hundred one thousand dollars ($301,000) in augmentation of the appropriation made in Item 4260-101-0001 of the Budget Act of 2000 for Program 20.10.030 Benefits (Medical Care and Services) to fund lead poisoning screening or evaluation of children. (3) The sum of two hundred thousand dollars ($200,000) in augmentation of Item 4260-001-0001 of the Budget Act of 2000 for Program 10 Public and Environmental Health to fund outreach to licensed health care providers to expand screening of children at risk of lead poisoning. It is the intent of the Legislature that in allocating funds appropriated in future years for this program in order to fund child lead poisoning prevention activities, priority consideration shall be given to community-based organizations and nonprofit organizations. (b) The sum of three hundred seventeen thousand dollars ($317,000) is hereby appropriated from the Federal Trust Fund to the State Department of Health Services in augmentation of Item 4260-101-0890 of the Budget Act of 2000 for Program 20.10.030 Benefits (Medical Care and Services) to fund lead poisoning screening or evaluation of children. SEC. 2. (a) In April 1999 the California State Auditor released a report on the Childhood Lead Poisoning Prevention program, entitled "Department of Health Services: Has made little progress in protecting 21California's children from lead poisoning" in which it strongly recommended that the department adopt regulations on screening for lead poisoning. (b) The Bureau of State Audits shall conduct a followup assessment of the effectiveness of regulations to be implemented by the department the purpose of which are to increase the number of at-risk children being identified and that receive screening and evaluation for lead poisoning. The bureau shall also include in its assessment the extent to which the department has addressed the other recommendations made in the bureau's April 1999 report. The bureau shall submit the assessment to the Senate Committee on Health and Human Services and the Assembly Committee on Health by May 1, 2001. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to improve the health and well-being of lead poisoned children in California through increased identification, screening, and evaluation of children at risk, at the earliest possible time, it is necessary that this act go into immediate effect.