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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=27403
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: January 4, 2019 10:33 AM
From: Representative Angel Cruz and Rep. Michael H. Schlossberg
To: All House members
Subject: Lead Testing Package
 
In 2014, a water crisis in Flint, Michigan called to our attention the dangers of lead poisoning. Such a crisis is just as likely to happen in Pennsylvania with our aging buildings and water infrastructure. This is not a new problem, but one that we can find new ways to address. We are proposing four pieces of legislation to require lead testing in four main areas:


The first bill requires children under the age of 6 to be tested for elevated lead levels in blood. Currently, the Centers for Disease Control recommends being tested at ages 1, 2, and again before the age of 6. There is federal law in place that requires all Medicaid and Affordable Care Act recipients be tested, but there is no tracking of it. Currently, 19 states have laws to help prevent the exposure of lead in children. The CDC has determined there is NO safe level of lead in children because the effects of lead are detrimental and irreversible, often attacking all major systems of the body. By better regulation, we will be able to recognize elevated levels and prevent any further damage.


The second piece of legislation requires more frequent testing for lead in water. Currently, state law requires water to be tested every 3 years, only at a reduced number of sample sites, after the initial passing. This legislation will require testing to be done annually at the reduced number of sample sites, and a complete test, from all sample sites, every 3 calendar years. By requiring more frequent testing we will be able to identify elevated levels of lead and rectify them before causing the same irreversible damage we are trying to prevent with child lead testing.


The third piece of legislation will subject residential rental properties built before 1978 to the same requirements the federal law has laid out for the sale of residential homes. Currently, federal law requires a lead inspection of homes prior to the sale. This legislation will place the same requirements on rental properties every time a tenant vacates a property, or prior to renting to a new tenant. If levels of lead are present, the renter must rectify the problem or face an annual $5,000 penalty until the lead is removed. The funds from those penalties will be deposited into the newly created Lead in Homes Abatement Grant.


Finally, the fourth piece of legislation requires children’s institutions and child care centers licensed by the Department of Human Services to be tested for lead as part of licensure procedures. No such requirement currently exists. This legislation would prohibit the Department of Human Services from issuing a license to any institution or care center in which lead levels are higher than CDC recommendations. In the case that elevated levels of lead in water, paint, or soil are found, the facility would be required to submit a remediation plan that follows all regulations for removal, and remediation in current regulation.


Please join us in finally tackling this state-wide crisis. If you have any questions or concerns, please contact my Harrisburg office at 717-705-1925.



Document #1

Introduced as HB211

Description: The first bill requires children under the age of 6 to be tested for elevated lead levels in blood. Currently, the Centers for Disease Control recommends being tested at ages 1, 2, and again before the age of 6. There is federal law in place that requires all Medicaid and Affordable Care Act recipients be tested, but there is no tracking of it. Currently, 19 states have laws to help prevent the exposure of lead in children. The CDC has determined there is NO safe level of lead in children because the effects of lead are detrimental and irreversible, often attacking all major systems of the body. By better regulation, we will be able to recognize elevated levels and prevent any further damage.  
  View Attachment
 

Document #2

Introduced as HB212

Description: The second piece of legislation requires more frequent testing for lead in water. Currently, state law requires water to be tested every 3 years, only at a reduced number of sample sites, after the initial passing. This legislation will require testing to be done annually at the reduced number of sample sites, and a complete test, from all sample sites, every 3 calendar years. By requiring more frequent testing we will be able to identify elevated levels of lead and rectify them before causing the same irreversible damage we are trying to prevent with child lead testing.   
  View Attachment
 

Document #3

Introduced as HB213

Description: The third piece of legislation will subject residential rental properties built before 1978 to the same requirements the federal law has laid out for the sale of residential homes. Currently, federal law requires a lead inspection of homes prior to the sale. This legislation will place the same requirements on rental properties every time a tenant vacates a property, or prior to renting to a new tenant. If levels of lead are present, the renter must rectify the problem or face an annual $5,000 penalty until the lead is removed. The funds from those penalties will be deposited into the newly created Lead in Homes Abatement Grant.
  View Attachment
 

Document #4

Introduced as HB215

Description: Finally, the fourth piece of legislation requires children’s institutions and child care centers licensed by the Department of Human Services to be tested for lead as part of licensure procedures. No such requirement currently exists. This legislation would prohibit the Department of Human Services from issuing a license to any institution or care center in which lead levels are higher than CDC recommendations. In the case that elevated levels of lead in water, paint, or soil are found, the facility would be required to submit a remediation plan that follows all regulations for removal, and remediation in current regulation. 
  View Attachment