PRINTER'S NO. 16
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
39
Session of
2019
INTRODUCED BY SCHWANK, FARNESE, FONTANA, STREET, ARGALL,
SANTARSIERO, COSTA AND HUGHES, JANUARY 11, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, JANUARY 11, 2019
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in departmental powers and
duties as to supervision, providing for lead testing in
children's institutions; and, in departmental powers and
duties as to licensing, providing for lead testing in child
day care centers and family child care homes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding sections to
read:
Section 912. Lead Testing in Children's Institutions.--(a)
A person seeking to operate, or to continue to operate, a
children's institution shall submit a lead certification from an
individual or laboratory accredited by the Department of
Environmental Protection that includes the following:
(1) lead levels in water; and
(2) for a facility built prior to 1978, lead levels in
paint, dust and soil. A facility built prior to 1978 shall not
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be required to test for lead levels in paint if the facility has
completed a full remediation or abatement of all lead paint and
has a certification of such from the Department of Environmental
Protection or an individual or laboratory accredited by the
Department of Environmental Protection.
(b) The department shall not permit initial operation of a
children's institution if the lead certification required under
subsection (a) has either of the following:
(1) Lead levels in water that are:
(i) in excess of the level set by the Environmental
Protection Agency in the national primary drinking water
regulations; or
(ii) in excess of the lead levels found in the Safe Drinking
Water Program under the Department of Environmental Protection.
(2) For a facility built prior to 1978, lead levels in
paint, dust and soil that are in excess of the level set by the
Environmental Protection Agency through its hazard standards for
lead in paint, dust and soil.
(c) The department shall require corrective action for
continued operation of a children's institution if the lead
certification required under subsection (a) has either of the
levels under subsection (b).
(d) This section shall not affect the department's authority
to refuse to permit the operation of a children's institution or
take any other action under any applicable statute or
regulation.
(e) The facility shall provide every parent or legal
guardian who has a child enrolled in a children's institution
notification of the results of the lead certification under this
section. In addition, the results of the lead certification
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shall be posted on the department's publicly accessible Internet
website and, if available, the publicly accessible Internet
website of the children's institution holding a license from the
department.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Children's institution" means an institution or facility
that provides care in lieu of parental care given for part of
the twenty-four hour day to children under sixteen years of age,
away from their own homes. The term does not include child day
care furnished in places of worship during religious services.
Section 1004. Lead Testing in Child Day Care Centers and
Family Child Care Homes.--(a) A person desiring to obtain or
renew a license for maintaining, operating and conducting a
child day care center or family child care home shall submit a
lead certification from an individual or laboratory accredited
by the Department of Environmental Protection that includes the
following:
(1) lead levels in water; and
(2) for a facility built prior to 1978, lead levels in
paint, dust and soil. A facility built prior to 1978 shall not
be required to test for lead paint if the facility has completed
a full remediation or abatement of all lead paint and has a
certification of such from the Department of Environmental
Protection or an individual or laboratory accredited by the
Department of Environmental Protection.
(b) The department shall not issue an initial license for
maintaining, operating and conducting a child day care center or
family child care home if the lead certification required under
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subsection (a) has either of the following:
(1) Lead levels in water that are:
(i) in excess of the level set by the Environmental
Protection Agency in the national primary drinking water
regulations; and
(ii) in excess of the lead levels found by the Safe Drinking
Water Program under the Department of Environmental Protection.
(2) For a facility built before 1978, lead levels in paint,
dust and soil that are in excess of the level set by the
Environmental Protection Agency through its hazard standards for
lead in paint, dust and soil.
(c) The department shall issue a provisional license in
accordance with section 1008 to a person desiring to secure an
annual renewal of a license for maintaining, operating and
conducting a child day care center or family child care home if
the lead certification required under subsection (a) has either
of the levels under subsection (b).
(d) The department shall require corrective action for
continued operation of a child day care center or family child
care home if the lead certification required under subsection
(a) has either of the levels under subsection (b).
(e) This section shall not affect the department's authority
to refuse to issue or revoke a license in accordance with
section 1026 or take any other action under applicable statute
or regulation.
(f) The facility shall provide every parent or legal
guardian who has a child enrolled in a child day care center or
family child care home notification of the results of the lead
certification under this section. In addition, the results of
the lead certification shall be posted on the department's
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publicly accessible Internet website and, if available, the
publicly accessible Internet website of the child day care
center or family child care home holding a license from the
department.
Section 2. Within 30 days of the effective date of an act
establishing a Lead Superfund within the State Treasury, the
Department of Environmental Protection shall transmit notice to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin.
Section 3. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The addition of sections 912(b) and (c) and 1004(b),
(c) and (d) of the act shall take effect upon publication of
the notice provided under section 2 of this act.
(3) The remainder of this act shall take effect in 90
days.
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