PRINTER'S NO. 1483
No. 1293 Session of 1999
INTRODUCED BY ARMSTRONG, BISHOP, RUBLEY, RAMOS, HORSEY, ARGALL,
BATTISTO, BELFANTI, BLAUM, BROWNE, BUNT, CALTAGIRONE, CIVERA,
CLYMER, M. COHEN, CURRY, DALEY, DeWEESE, EGOLF, FICHTER,
GEIST, HALUSKA, HENNESSEY, JAMES, JOSEPHS, KIRKLAND,
LAUGHLIN, LEDERER, LESCOVITZ, LEVDANSKY, MANDERINO, McCALL,
MELIO, R. MILLER, ORIE, PETRARCA, READSHAW, ROBINSON,
SANTONI, SAYLOR, SCHRODER, SCHULER, SEYFERT, STABACK,
STEELMAN, STRITTMATTER, SURRA, E. Z. TAYLOR, J. TAYLOR,
THOMAS, TIGUE, TRICH, TRUE, WALKO, YOUNGBLOOD AND ZIMMERMAN,
APRIL 14, 1999
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 14, 1999
AN ACT
1 Regulating lead poison exposure; providing for duties of the
2 Department of Health and the Department of Labor and
3 Industry; and providing for penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 TABLE OF CONTENTS
7 Chapter 1. Preliminary Provisions
8 Section 101. Short title.
9 Section 102. Declaration of policy.
10 Section 103. Definitions.
11 Chapter 3. Investigation
12 Section 301. Definitions.
13 Section 302. Administration.
14 Section 303. Reports of blood levels in children.
1 Section 304. Examination and testing.
2 Section 305. Notification.
3 Chapter 5. Hazards
4 Section 501. Definitions.
5 Section 502. Administration.
6 Section 503. Identification.
7 Section 504. Abatement and remediation.
8 Section 505. Utilization of maintenance standard.
9 Section 506. Effect of compliance with maintenance standard.
10 Section 507. Certificate of evidence of compliance.
11 Section 508. Discrimination in financing.
12 Section 509. Resident responsibilities.
13 Chapter 7. Penalties
14 Section 701. Penalties.
15 Chapter 9. Miscellaneous Provisions
16 Section 901. Effective date.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 CHAPTER 1
20 PRELIMINARY PROVISIONS
21 Section 101. Short title.
22 This act shall be known and may be cited as the Childhood
23 Lead Poisoning Prevention and Control Act.
24 Section 102. Declaration of policy.
25 (a) The General Assembly finds and declares as follows:
26 (1) Children are exposed to many sources of lead in the
27 environment, including, but not limited to, contaminated
28 soil, leaded food containers and dishware, certain home
29 furnishings, water pipes and lead-based paint hazards in pre-
30 1978 residential housing.
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1 (2) At low levels, lead poisoning in children causes
2 intelligence quotient deficiencies, reading and learning
3 disabilities, impaired hearing, reduced attention span,
4 hyperactivity and behavior problems.
5 (3) The ingestion of household dust containing lead from
6 deteriorating or abraded lead-based paint is the most common
7 cause of lead poisoning in children.
8 (4) The danger posed by lead-based paint hazards can be
9 reduced by abating lead-based paint or taking interim
10 measures to prevent paint deterioration and limit children's
11 exposure to lead dust and chips.
12 (5) Such hazards predominantly affect children in low-
13 income areas.
14 (b) Intent of act.--It is the intent of this act to initiate
15 a program that will identify dangerous blood lead levels in
16 children and to take reasonable procedures to abate or control
17 the causes. It is the further intent of this act to have
18 regulations promulgated which are as consistent as possible to
19 applicable Federal standards and for the implementation of more
20 stringent standards only where there is a scientifically
21 justifiable public safety concern.
22 Section 103. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Abatement." A set of measures defined by the Department of
27 Labor and Industry pursuant to the act of July 6, 1995 (P.L.291,
28 No.44), known as the Lead Certification Act.
29 "Child." An individual six years of age or younger.
30 "Child-occupied facility." A building or portion of a
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1 building constructed prior to 1978 and regularly visited by a
2 child. Child-occupied facilities include, but are not limited
3 to, child-care facilities, preschools, nurseries, kindergarten
4 classrooms, schools, clinics or treatment centers, including the
5 common areas, the grounds, any outbuildings and other structures
6 appurtenant to the facility.
7 "Confirmed blood lead poisoning." An excessive absorption of
8 lead that is a confirmed concentration of lead in whole blood of
9 20 micrograms per deciliter for a single venous test or of 15-19
10 micrograms per deciliter in two consecutive tests taken three to
11 four months apart.
12 "Elevated blood lead level." A blood lead concentration of
13 ten micrograms per deciliter or greater as determined by the
14 lower of two consecutive blood tests within a six-month period.
15 "EPA." The Environmental Protection Agency.
16 "Lead-based paint hazard." A condition that is likely to
17 cause adverse health effects as a result of exposure to lead-
18 based paint or to soil or dust that contains lead derived from
19 lead-based paint.
20 "Lead-poisoning hazard." The presence of readily accessible
21 or mouthable lead-bearing substances, as defined by the
22 Department of Health. The department shall utilize standards
23 established by the Environmental Protection Agency pursuant to
24 section 403 of the Toxic Substances Control Act (Public Law 94-
25 469, 15 U.S.C. § 2683). If such standards are not established by
26 Federal regulations prior to the effective date of this act, the
27 department shall adopt the following interim standards:
28 (1) Lead-based paint measuring 1.0 milligram per square
29 centimeter or greater by X-ray fluorescence or 0.5% or
30 greater by chemical analysis.
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1 (2) Drinking water containing 15 parts per billion or
2 greater.
3 (3) Dust on floors measuring 50 micrograms per square
4 foot or greater.
5 (4) Dust on windowsills measuring 250 micrograms per
6 square foot or greater.
7 (5) Soil lead concentrations in an amount greater than
8 or equal to 2,000 parts per million which is determined by
9 the Department of Labor and Industry to present a hazard view
10 of the condition and use of the land and other relevant
11 factors.
12 "Lead-safe housing." Housing built since 1978 or tested by a
13 person certified to perform risk assessments and found to have
14 no lead-based paint hazard within the meaning of section
15 1004(15) of the Residential Lead-Based Hazard Reduction Act of
16 1992 (Public Law 102-550, 42 U.S.C. § 4851b(15)).
17 "Maintenance standard." A set of interim control measures
18 designed to reduce a child's exposure or likely exposure to
19 lead-poisoning hazards, including specialized cleaning, repairs,
20 maintenance, painting, temporary containment, ongoing monitoring
21 of lead-based paint hazards or other potential lead-poisoning
22 hazards and the establishment and operation of management and
23 residential education programs. Control standards shall be
24 promulgated by the Department of Labor and Industry and be
25 consistent with interim control guidelines promulgated by the
26 United States Department of Housing and Urban Development
27 pursuant to section 1017 of the Residential Lead-Based Paint
28 Hazard Reduction Act of 1992 (Public Law 102-550, 42 U.S.C. §
29 4852(c)).
30 "Managing agent." A person who has charge, care or control
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1 of a building or part of a building in which dwelling units or
2 rooming units are leased.
3 "Mouthable lead-bearing substance." A substance on surfaces
4 or fixtures five feet or less from the floor or ground which
5 form a protruding corner or similar edge, protrude one-half inch
6 or more from a flat wall surface or are freestanding and contain
7 lead-contaminated dust at a level which constitutes a lead-
8 poisoning hazard.
9 "Readily accessible lead-bearing substance." A substance
10 containing lead at a level which constitutes a lead poisoning
11 hazard which can be ingested or inhaled by a child. The term
12 includes deteriorated paint that is peeling, chipping, cracking,
13 flaking or blistering to the extent that the paint has separated
14 from the substrate. Readily accessible substances also include
15 soil, water and paint which is chalking.
16 "Regularly visits." Being present at a residential housing
17 unit or child-occupied facility on at least two different days
18 within any week if each day's visit lasts at least three hours
19 or the combined weekly visits last at least six hours and the
20 combined annual visits total at least 60 hours.
21 "Remediation." Actions taken to reduce lead-poisoning
22 hazards to safe levels which do involve abatement of lead-based
23 paint. Such methods shall be defined by the Department of Labor
24 and Industry.
25 "Residential housing unit." A dwelling, dwelling unit or
26 other structure, all or part of which is designed or used for
27 human habitation, including the common areas, grounds,
28 outbuildings accessible by children and other structures
29 appurtenant to the residential housing units.
30 "Risk assessment." An onsite investigation to determine the
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1 existence, nature, severity and location of lead-poisoning
2 hazards and the provision of a report by the individual or firm
3 conducting the risk assessment, explaining the results of the
4 investigation and options for reducing lead-based paint hazards.
5 Such assessments shall be conducted pursuant to the requirements
6 of the act of July 6, 1995 (P.L.291, No.44), known as the Lead
7 Certification Act, and by an individual certified to conduct
8 such activities by the Department of Labor and Industry pursuant
9 to the Lead Certification Act.
10 "Supplemental address." A residential housing unit or child-
11 occupied facility which a child with confirmed lead poisoning
12 regularly visits. The term also means a residential housing unit
13 or child-occupied facility where a child resided or regularly
14 visited within the six months immediately preceding the
15 determination of a confirmed lead poisoning.
16 CHAPTER 3
17 INVESTIGATION
18 Section 301. Definitions.
19 The following words and phrases when used in this chapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Department." The Department of Health of the Commonwealth.
23 Section 302. Administration.
24 (a) Chapter.--The department shall promulgate regulations to
25 implement this chapter. The regulations shall be at least as
26 stringent as, and as consistent as possible, with applicable
27 Federal regulations.
28 (b) Act.--The department shall cooperate with the Department
29 of Labor and Industry in the overall administration of this act.
30 Section 303. Reports of blood levels in children.
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1 All clinical laboratories doing business in this Commonwealth
2 shall report to the department blood lead levels of ten
3 micrograms per deciliter or greater for children under six years
4 of age and for individuals whose ages are unknown at the time of
5 testing. Reports shall be made in writing or electronically
6 within five business days after test completion on forms
7 provided by the department or on self-generated forms and
8 contain information specified by the department.
9 Section 304. Examination and testing.
10 If the department has a reasonable suspicion that a child has
11 an elevated blood lead level, the department shall require that
12 child to be examined and tested within 30 days. If it is
13 confirmed through subsequent testing that the child has an
14 elevated blood lead level, the department shall notify the owner
15 or managing agent of the child's residential housing unit of the
16 elevated blood lead level and require from the owner, managing
17 agent or tenant of the residential housing unit information on
18 each child who resided in or regularly visited that unit within
19 the previous six months. The information required shall include
20 each child's name and date of birth, the names and addresses of
21 each child's parents, legal guardian or full-time custodian. The
22 owner, managing agent or tenant shall submit the required
23 information within ten business days of receipt of the request
24 from the department. The department may provide the same notice
25 to and request the same information from owners or managing
26 agents of supplemental addresses of the child. The department
27 shall provide the owner or managing agent with information
28 gathered under this section if a written request is made for
29 such information.
30 Section 305. Notification.
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1 If the department determines that the child has an elevated
2 blood lead level, the department shall notify the Department of
3 Labor and Industry.
4 CHAPTER 5
5 HAZARDS
6 Section 501. Definitions.
7 The following words and phrases when used in this chapter
8 shall have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Department." The Department of Labor and Industry of the
11 Commonwealth.
12 Section 502. Administration.
13 (a) Chapter.--The department shall promulgate regulations to
14 implement this chapter. The regulations shall be at least as
15 stringent as and as consistent as possible with applicable
16 Federal regulations. The department may contract enforcement of
17 provisions of this chapter to municipal agencies. The department
18 may establish administrative fees through regulation for the
19 enforcement of this act.
20 (b) Act.--The department shall cooperate with the Department
21 of Health in the overall administration of this act.
22 Section 503. Identification.
23 (a) Notification.--If the department receives a notification
24 under section 305, the department shall conduct an initial
25 investigation to determine the existence of potential lead-
26 poisoning hazards to children. The department shall have the
27 authority to investigate the residential housing unit where the
28 child resides. The department may also investigate the
29 supplemental addresses of the child who has an elevated blood
30 lead level.
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1 (b) Reasonable suspicion.--If the department reasonably
2 suspects that a lead-poisoning hazard to children exists based
3 on its initial investigation completed pursuant to subsection
4 (a), the department shall conduct a risk assessment of
5 properties suspected to have lead-poisoning hazards.
6 (c) Samples.--In conducting an investigation, the department
7 may take samples of surface materials or other materials
8 suspected of containing lead for analysis and testing.
9 (d) Notice.--Upon determination that a lead-poisoning hazard
10 exists in a property, the department shall provide written
11 notice of the lead-poisoning hazard to the owner or managing
12 agent of the residential housing unit or child-occupied facility
13 and to all individuals residing in or regularly visiting the
14 unit or facility. The written notice to the owner or managing
15 agent shall include a list of possible methods of abatement of
16 the lead-based paint hazards and remediation of other lead-
17 poisoning hazards.
18 Section 504. Abatement and remediation.
19 (a) Requirement.--If the affected child has confirmed lead
20 poisoning, the department shall require abatement of the lead-
21 based paint hazards and remediation of other lead-poisoning
22 hazards at the child's residential housing unit if such hazards
23 were identified in the risk assessment performed under section
24 503(b). The department may also require the abatement of lead-
25 based paint hazards and remediation of other lead-poisoning
26 hazards identified at the supplemental addresses of the child if
27 there is a reasonable cause to suspect that such hazards have
28 caused or contributed to the confirmed blood poisoning or if
29 there is a reasonable expectation that such hazards could cause
30 elevated blood lead levels in other children.
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1 (b) Plan.--When abatement is required under subsection (a),
2 the owner or managing agent shall submit a written abatement and
3 remediation plan to the department within 45 days of receipt of
4 the lead poisoning hazard notification and must obtain written
5 approval of the plan prior to initiating abatement of lead-based
6 paint hazards and remediation of other lead-poisoning hazards.
7 The plan shall comply with subsections (e) and (f). The
8 department shall assist owners-occupants of private residential
9 dwellings in preparing a plan. If the owner or managing agent
10 meets plan submission requirements and the department fails to
11 provide a written decision within 30 days, such plan shall be
12 deemed approved.
13 (c) Order.--
14 (1) If the owner or managing agent does not submit an
15 abatement plan within 45 days, the department shall issue an
16 order requiring submission of a plan within ten business days
17 of receipt of the order.
18 (2) If the plan submitted fails to meet the requirements
19 of this section, the department shall issue an order
20 requiring submission of a modified plan. The order shall
21 indicate the modifications to be made to the plan and the
22 date by which the plan as modified shall be submitted to the
23 department.
24 (d) Notice.--The owner or managing agent shall notify the
25 department and the occupants of the dates of the abatement and
26 remediation activities at least three business days prior to the
27 commencement of the activities.
28 (e) Completion.--Abatement of lead-based paint hazards and
29 remediation of other lead-poisoning hazards must be completed
30 within 120 days of the department's approval of the plan. If
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1 these activities are not completed within 120 days as required,
2 the department shall issue an order requiring completion of the
3 activities. An owner or managing agent may apply to the
4 department for an extension of the deadline. The department may,
5 upon written application demonstrating a good faith effort by
6 the owner or managing agent to abate and remediate the premises,
7 issue an order extending the deadline for successive periods not
8 to exceed 30 days.
9 (f) Levels.--An abatement and remediation plan shall require
10 that the lead-poisoning hazards be reduced to below levels
11 established by the department, which shall be consistent with
12 those promulgated pursuant to section 403 of the Toxic
13 Substances Control Act (Public Law 94-469, 15 U.S.C. § 2683).
14 Drinking-water levels shall meet these standards provided that
15 remediation can be accomplished within property boundaries of
16 the owner.
17 (g) Verification.--The department shall verify by onsite
18 inspection that the approved abatement plan has been completed.
19 The department may also verify plan completion by residual lead-
20 dust monitoring and soil or drinking water lead-level
21 measurement.
22 (h) Continued use.--Removal of children from the residential
23 housing unit or child-occupied facility shall not constitute
24 abatement if the property continues to be used for a residential
25 housing unit or child-occupied facility.
26 Section 505. Utilization of maintenance standard.
27 If a child has an elevated blood lead level but not confirmed
28 blood lead poisoning, an owner or managing agent may utilize the
29 maintenance standard practices promulgated by the department to
30 reduce the lead-poisoning hazards identified in a risk
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1 assessment.
2 Section 506. Effect of compliance with maintenance standard.
3 The owner of a residential housing unit constructed prior to
4 1978 that is sued by a current or former occupant seeking
5 damages for injuries arising from exposure to lead-based paint
6 or lead-contaminated dust shall not be liable for injuries
7 sustained if any of the following apply:
8 (1) If the injuries were sustained after the owner first
9 complied with the applicable maintenance standard, if the
10 owner repeated the steps provided for in the maintenance
11 standard annually and if the owner obtained a certificate of
12 compliance under section 507 annually during the period in
13 which the injuries were sustained.
14 (2) If the owner is able to show by other documentation
15 that compliance with the applicable maintenance standard was
16 maintained during the period in which the injuries were
17 sustained.
18 (3) If the owner is able to show that the unit was lead-
19 safe housing containing no lead-based paint hazards during
20 the period in which the injuries were sustained.
21 Section 507. Certificate of evidence of compliance.
22 (a) Issuance.--The owner of a residential housing unit that
23 has complied with the maintenance standard may apply annually to
24 the department for a certificate of compliance. Upon
25 presentation of acceptable proof of compliance, the department
26 shall provide the owner a certificate evidencing compliance.
27 Proof of compliance shall include a sworn statement of the
28 owner, a signed statement by affected occupants acknowledging
29 receipt of information required by the department and the report
30 of a certified inspector risk-assessor. The department may issue
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1 a certificate based solely on information provided by the owner.
2 (b) Revocation.--The department may revoke the certificate
3 if any of the information is found to be erroneous or inadequate
4 or if the department is denied entry to inspect the premises or
5 if the unit is determined to be no longer in compliance with the
6 applicable maintenance standard.
7 (c) Monitoring.--The department shall maintain a program to
8 monitor the accuracy of information provided by owners in
9 applications for certificates, which may include onsite
10 inspections.
11 (d) Liability relief.--The owner shall be entitled to the
12 liability relief provided for in section 505 upon obtaining a
13 certificate.
14 Section 508. Discrimination in financing.
15 (a) Prohibition.--No bank or financial institution in the
16 business of lending money for the purchase, sale, construction,
17 rehabilitation, improvement or refinancing of real property or
18 the lending of money secured by an interest in real property may
19 refuse to make a loan merely because of the presence of lead-
20 based paint in a residential housing unit if the owner is in
21 compliance with the applicable maintenance standard and has
22 obtained a current certificate of compliance under section 506.
23 (b) Exception.--This section shall not require a financial
24 institution to extend a loan or otherwise provide financial
25 assistance if it is clearly evident that health-related issues,
26 other than those related to lead-based paint, made occupancy of
27 the housing accommodation an imminent threat to the health or
28 safety of the occupant or preclude a financial institution from
29 considering the fair market value of the property which will
30 secure the proposed loan.
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1 (c) No default.--Failure to meet an applicable maintenance
2 standard shall not be deemed a default of an existing mortgage.
3 Section 509. Resident responsibilities.
4 In any residential housing unit occupied by a child who has
5 an elevated blood lead level, the department shall advise in
6 writing the owner or managing agent and the child's parents or
7 legal guardian as to the importance of carrying out routine
8 cleaning activities as prescribed by the department in the units
9 they occupy, own or manage.
10 CHAPTER 7
11 PENALTIES
12 Section 701. Penalties.
13 (a) Generally.--An owner of a residential housing unit who
14 fails to comply with a requirement of this act or a regulation
15 promulgated under this act or fails to obey an order issued by
16 the Department of Health or the Department of Labor and Industry
17 commits a summary offense and, upon conviction, shall be
18 sentenced to pay a fine of not more than $250 for the first
19 offense and not more than $1,000 for subsequent offenses.
20 (b) Referral of violations to Attorney General.--Apparent
21 violations of this act shall be referred to the Attorney General
22 for prosecution.
23 CHAPTER 9
24 MISCELLANEOUS PROVISIONS
25 Section 901. Effective date.
26 This act shall take effect in 180 days.
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