PRINTER'S NO. 1244

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1188

Session of

2021

INTRODUCED BY CRUZ, McCLINTON, HILL-EVANS, BOBACK, BRADFORD,

SCHLOSSBERG, JAMES, SANCHEZ, MERSKI, CIRESI, HOHENSTEIN,

ROZZI, WEBSTER, DALEY, A. DAVIS, PISCIOTTANO AND SIMS,

duties as to supervision, providing for lead testing; and, in

departmental powers and duties as to licensing, providing for

lead testing.

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.--(a) A person seeking to

operate, or to continue to operate, a children's institution

or an inspector-technician in accordance with the act of July 6,

1995 (P.L.291, No.44), known as the Lead Certification Act, that

includes testing for lead levels in paint, dust and soil and

hazardous conditions. A children's institution built prior to

1978 shall not be required to test for lead levels in paint if a

full remediation or abatement of all lead paint has been

completed and a certification or inspection report of such is

produced.

(b) The department shall not permit initial operation of a

children's institution if the lead certification and lead

(ii) in excess of the lead levels set by the Department of

Environmental Protection in accordance with the act of May 1,

1984 (P.L.206, No.43), known as the Pennsylvania Safe Drinking

Water Act.

(2) For a building built prior to 1978, lead levels in

paint, dust and soil that are:

(i) in excess of the levels set by the Environmental

Protection Agency through its hazard standards for lead in

paint, dust and soil under section 403 of the Toxic Substances

Control Act (Public Law 94-469, 15 U.S.C. § 2683);

(iii) in excess of the levels recommended by the Centers for

Disease Control and Prevention, Advisory Committee on Childhood

Lead Poisoning Prevention; or

(iv) in excess of the lead levels set by State law or

regulation.

(c) The department shall require corrective action for

continued operation of a children's institution if the lead

certification and lead inspection required under subsection (a)

have either of the levels under subsection (b).

(d) This section shall not affect the department's authority

this section. In addition, the results of the lead certification

and lead inspection 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:

"Certified contractor" means a person approved by the

Department of Labor and Industry to perform lead-based paint

soil or a lead-contaminated paint that is deteriorated or

present in accessible surfaces, friction surfaces or impact

surfaces that would result in adverse human health effects as

established by the administrator of the Environmental Protection

Agency under section 403 of the Toxic Substances Control Act.

"Inspector-risk assessor" means a person trained and

certified in accordance with the requirements of the Lead

Certification Act, to perform all activities of the inspector-

technician, as well as to identify the presence of lead-based

paint and to collect additional information designed to assess

samples for laboratory analysis.

obtain or renew a license for maintaining, operating and

conducting a child care center or family child care home shall

submit:

(1) a lead certification from an individual or laboratory

accredited by the Department of Environmental Protection that

includes lead levels in water; and

(2) for a building built prior to 1978, a lead inspection

completed by a certified contractor, an inspector-risk assessor

or an inspector-technician in accordance with the act of July 6,

1995 (P.L.291, No.44), known as the Lead Certification Act, that

home built prior to 1978 shall not be required to test for lead

paint if a full remediation or abatement of all lead paint has

been completed and a certification or inspection report of such

is produced.

(b) The department shall not issue an initial license for

maintaining, operating and conducting a child care center or

family child care home if the lead certification and lead

inspection required under subsection (a) have either of the

following:

(1) Lead levels in water that are:

Water Act.

(2) For a building built prior to 1978, lead levels in

paint, dust and soil that are:

(i) in excess of the levels set by the Environmental

Protection Agency through its hazard standards for lead in

paint, dust and soil under section 403 of the Toxic Substances

Control Act (Public Law 94-469, 15 U.S.C. § 2683);

(ii) in excess of the levels set by the United States

Department of Housing and Urban Development through its

Guidelines for the Evaluation and Control of Lead-Based Paint

(iv) in excess of the lead levels set by State law or

regulation.

(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 care center or family child care home if the

lead certification and lead inspection 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 care center or family child care

(f) Every parent or legal guardian who has a child enrolled

in a child care center or family child care home shall be

provided notification of the results of the lead certification

and lead inspection under this section. In addition, the results

of the lead certification and lead inspection shall be posted on

the department's publicly accessible Internet website and, if

available, the publicly accessible Internet website of the child

care center or family child care home holding a license from the

department.

(g) As used in this section, the following words and phrases

activities in this Commonwealth under the act of July 6, 1995

(P.L.291, No.44), known as the Lead Certification Act.

"Hazardous condition" means any condition that causes

exposure to lead from lead-contaminated dust, lead-contaminated

soil or a lead-contaminated paint that is deteriorated or

present in accessible surfaces, friction surfaces or impact

surfaces that would result in adverse human health effects as

established by the administrator of the Environmental Protection

Agency under section 403 of the Toxic Substances Control Act

(Public Law 94-469, 15 U.S.C. § 2683).

"Inspector-technician" means a person trained and certified

in accordance with the requirements of the Lead Certification

Act, to perform inspections solely for the purpose of

determining the presence of lead-based paint through the use of

onsite testing, such as XRF analysis, and the collection of

samples for laboratory analysis.