The text of Engrossed 1999 Assembly Bill 806 consists of the following
documents adopted in the assembly on March 9, 2000: Assembly Substitute
Amendment 2, as affected by the following Assembly Amendments: Assembly
Amendment 1 (as affected by Assembly Amendment 1 thereto). The text also
includes the March 14, 2000, chief clerk's correction to Assembly Amendment 1 to
Assembly Amendment 1 to the substitute amendment.
Content of Engrossed 1999 Assembly Bill 806:
Under current law, the department of health and family services (DHFS) must
develop and implement a comprehensive statewide lead poisoning or lead exposure
prevention and treatment program. Under this program, among other things, DHFS
may promulgate rules establishing procedures for conducting lead inspections of
dwellings and premises, governing lead hazard reduction, certifying persons who
perform or supervise performance of lead hazard reduction or lead management
activities and establishing requirements for accreditation of lead training courses
and approval of lead instructors; the certification and accreditation rules must meet,
but may not exceed, federal environmental protection agency requirements. Before
promulgating all of these rules, DHFS must consult with a technical advisory
committee that includes representatives from local health departments, the housing
industry and medical or public health professions and persons who are certified to
perform or supervise performance of lead hazard reduction or lead management
activities. A city, village, town or other political subdivision may enact and enforce
ordinances that establish systems of lead poisoning or lead exposure control with the
same or higher standards than those specified under the program.
Currently, the governor is required to submit to the legislature a proposal to
expend oil overcharge restitution funds disbursed by the federal government to this
state.
With specified exceptions, this bill provides immunity from civil and criminal
liability for lead poisoning or lead exposure to owners of dwellings or units of
dwellings and their employes and agents and prohibits these persons from being
subjected to administrative hearings (other than for the enforcement of DHFS rules)
if, at the time that the poisoning or exposure occurred, a certificate of lead-free status
or a certificate of lead-safe status was in effect for the dwelling or unit. This
immunity also is provided for acts or omissions of owners, their employes and their
agents related to lead poisoning or lead exposure that occur during the first 30 days
after the owner acquires a dwelling or unit of a dwelling, unless the poisoning or
exposure results from a lead-bearing paint hazard created by the owner, employe or
agent. This temporary immunity is extended for an additional 60 days if the owner,
employe or agent performs one of several specified actions during the first 30-day

period and if, during the additional 60-day period, the owner obtains a certificate of
lead-free or lead-safe status or if the owner shows by clear and convincing evidence
that the property was in compliance by the end of the 90-day period with the
standard to obtain the certificate and that the owner obtained the certificate in a
reasonable amount of time. If the owner of a dwelling or unit of a dwelling receives
written notice from DHFS or a local health department that a child under six years
of age residing in the dwelling or unit has an elevated blood lead level (as defined in
the bill), the owner must obtain a certificate of lead-free or lead-safe status in a
timely manner, based on the reasonable availability of lead risk assessors or other
certified persons to conduct necessary activities and on the time required for
issuance of a certificate. A certificate obtained in this circumstance must be for at
least 12 months' duration. The bill requires DHFS to promulgate rules that set the
standards for issuance of a certificate of lead-free status or a certificate of lead-safe
status, the procedures by which such a certificate may be issued or revoked and the
period of validity of the certificate. Further, the bill specifies conditions that must
be specified in the DHFS rules as to successive applications for certificates of
lead-safe status for identical premises. DHFS must promulgate rules to create a
registry of all premises, dwellings and units of dwellings for which a certificate of
lead-free or lead-safe status is issued. Funds for operation of the registry are
required to be obtained from fees for the issuance of the certificates. DHFS is
authorized to impose a fee of $50 for the issuance of a certificate of lead-free status
and a fee of $25 for the issuance of a certificate of lead-safe status and must review
the fees every two years. DHFS also must, at least quarterly, notify a local health
department concerning the issuance of certificates of lead-free or lead-safe status
in the area of jurisdiction of the local health department. DHFS also must
promulgate rules that specify the requirements for a course of up to 16 hours that
a property owner or his or her agent may complete in order to receive certification
and the scope of activities that the owner or agent may perform following
certification, consistent with federal law. DHFS must review all of these required
rules, beginning on January 1, 2003, and every two years thereafter and promulgate
changes if necessary to maintain consistency with federal law. DHFS may
promulgate rules setting forth safe work practices for demolition of buildings
constructed before January 1, 1978.
The bill changes rules requirements to require that lead investigations, rather
than lead inspections, of dwellings and premises be conducted; in addition, the bill
requires that, if DHFS is notified that a child under six years of age who is an
occupant of a dwelling or premises has an elevated blood lead level, DHFS conduct
a lead investigation or ensure that a lead investigation is conducted. DHFS also
must notify the occupant of the dwelling or premises or his or her representative of
the results of any lead investigations conducted on or in the dwelling or premises and
any actions taken to reduce or eliminate the lead hazard. A certified lead risk
assessor who conducts a lead investigation of a dwelling or premises must conduct
the investigation and issue a report in accordance with DHFS rules and, if the report
indicates that the dwelling or premises meets criteria for the issuance of a certificate
of lead-free or lead-safe status, issue the appropriate certificate. DHFS is

authorized to promulgate rules governing lead hazard reduction that DHFS
determines are consistent with federal law; this authorization replaces the previous
authorization to promulgate numerous rules concerning lead hazard reduction.
The bill eliminates authorization for DHFS to promulgate rules requiring that,
after June 30, 1997, owners or operators of rental or leased dwellings or premises
have a lead inspection, if any part of the dwelling or premises was constructed before
January 1, 1978, and if DHFS determines that the dwellings or premises are likely
to contain lead hazards. The bill also eliminates the requirements that certification
and accreditation rules meet, but not exceed, federal environmental protection
agency requirements.
The bill changes provisions relating to enactment and enforcement of
municipal ordinances on lead poisoning or lead exposure control to specify that only
the immunity and temporary immunity provisions for owners of dwellings or units
of dwellings, as created in the bill, impair the right of a person or entity to sue for
damages or equitable relief and that no limitations exist on the right of a
municipality to impose a penalty for or restrain the violation of its ordinance on lead
poisoning or lead exposure.
The bill authorizes DHFS to request a one-time supplement of general purpose
revenues from the joint committee on finance (JCF) to pay initial costs of establishing
the registry of properties that are issued certificates of lead-free status or certificates
of lead-safe status. If DHFS requests the supplement, DHFS must submit a plan
to JCF to expend not more than $520,000 for fiscal year 2000-01. In addition, the
bill provides for a one-time increase of $215,000 in general purpose revenues to
increase DHFS staff, for performance of certification for the performance of lead
paint hazard reduction. When moneys received from the imposition of fees for the
issuance of certificates of lead-free status and lead-safe status are sufficient, the
secretary of administration must transfer to the general fund $735,000 from the
appropriation account into which the fees have been deposited.
The bill requires the office of the commissioner of insurance (OCI) to review the
cost and availability of insurance in the private market that insures residential
property against liability resulting from lead-bearing paint hazards and to submit
a report to the appropriate standing committees of the legislature on whether such
insurance is sufficiently available and affordable in the private market. If OCI
determines that the insurance is not sufficiently available or affordable, OCI must
submit proposed legislation creating a state residential lead liability fund in its
2003-05 biennial budget request, as well as drafting instructions to the legislative
reference bureau for the proposed legislation.
The bill provides that any proposal submitted by the governor to the legislature
to expend oil overcharge funds must provide for the expenditure of all available funds
for reduction of lead paint hazards in dwellings to allow for and in conjunction with
energy conservation activities in rental properties owned by persons seeking
certificates of lead-free or lead-safe status.
Lastly, the bill expands the membership of the technical advisory committee
with which DHFS must consult before promulgating certain rules relating to lead

hazard control, to include advocates for persons at risk of lead poisoning and a
resident of a first class city.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB806-engrossed, s. 1 1Section 1. 20.435 (1) (gm) of the statutes, as affected by 1999 Wisconsin Act
29
, is amended to read:
AB806-engrossed,5,123 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and
4services.
The amounts in the schedule for the purposes specified in ss. 146.50 (8),
5250.05 (6), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179 (1) (d), 254.20 (5) and
6(8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 and 255.08 (2) and ch. 69, for
7the purchase and distribution of medical supplies and to analyze and provide data
8under s. 250.04. All moneys received under ss. 146.50 (5) (f), (8) (d), 250.04 (3m),
9250.05 (6), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181,
10254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 and 255.08 (2)
11(b) and ch. 69 and as reimbursement for medical supplies shall be credited to this
12appropriation account.
AB806-engrossed, s. 2 13Section 2. 20.505 (1) (md) of the statutes is amended to read:
AB806-engrossed,5,1814 20.505 (1) (md) Oil overcharge restitution funds. All federal moneys received
15as oil overcharge funds, as defined in s. 14.065 (1), for expenditure under proposals
16approved by the joint committee on finance under s. 14.065 and, for transfers under
171993 Wisconsin Act 16, section 9201 (1z), and for allocation under 1999 Wisconsin
18Act .... (this act), section 32 (7)
.
AB806-engrossed, s. 3 19Section 3. 254.11 (4g) of the statutes is created to read:
AB806-engrossed,6,220 254.11 (4g) "Certificate of lead-free status" means a certificate issued by a
21certified lead risk assessor or other person certified under s. 254.176 that documents

1a finding by the assessor that a premises, dwelling or unit of a dwelling is free of
2lead-bearing paint as of the date specified on the certificate.
AB806-engrossed, s. 4 3Section 4. 254.11 (4h) of the statutes is created to read:
AB806-engrossed,6,74 254.11 (4h) "Certificate of lead-safe status" means a certificate issued by a
5certified lead risk assessor or other person certified under s. 254.176 that documents
6that the assessor detected no lead-bearing paint hazards affecting the premises,
7dwelling or unit of the dwelling on the date specified on the certificate.
AB806-engrossed, s. 5 8Section 5. 254.11 (5m) of the statutes is created to read:
AB806-engrossed,6,109 254.11 (5m) "Elevated blood lead level" means a level of lead in blood that is
10any of the following:
AB806-engrossed,6,1211 (a) Twenty or more micrograms per 100 milliliters of blood, as confirmed by one
12venous blood test.
AB806-engrossed,6,1413 (b) Fifteen or more micrograms per 100 milliliters of blood, as confirmed by 2
14venous blood tests that are performed at least 90 days apart.
AB806-engrossed, s. 6 15Section 6. 254.11 (8d) of the statutes is created to read:
AB806-engrossed,6,1716 254.11 (8d) "Lead-bearing paint hazard" has the meaning specified by rule by
17the department.
AB806-engrossed, s. 7 18Section 7. 254.11 (8s) of the statutes is created to read:
AB806-engrossed,6,2119 254.11 (8s) "Lead investigation" means a measure or set of measures designed
20to identify the presence of lead or lead hazards, including examination of painted or
21varnished surfaces, paint, dust, water and other environmental media.
AB806-engrossed, s. 8 22Section 8. 254.11 (9g) of the statutes is created to read:
AB806-engrossed,6,2423 254.11 (9g) "Lead risk assessor" has the meaning specified by rule by the
24department.
AB806-engrossed, s. 9 25Section 9. 254.15 (1) of the statutes is amended to read:
AB806-engrossed,7,14
1254.15 (1) Develop and implement a comprehensive statewide lead poisoning
2or lead exposure prevention and treatment program that includes lead poisoning or
3lead exposure prevention grants under s. 254.151; any childhood lead poisoning
4screening requirement under rules promulgated under ss. 254.158 and 254.162; any
5requirements regarding care coordination and follow-up for children with lead
6poisoning or lead exposure required under rules promulgated under s. 254.164;
7departmental responses to reports of lead poisoning or lead exposure under s.
8254.166; any lead inspection investigation requirements under rules promulgated
9under ss. 254.167,; any lead inspection requirements under rules promulgated under
10254.168 and 254.17; any lead hazard reduction requirements under rules
11promulgated under s. 254.172; and certification, accreditation and approval
12requirements under ss. 254.176 and 254.178; any certification requirements and
13procedures under rules promulgated under s. 254.179; and any fees imposed under
14s. 254.181
.
AB806-engrossed, s. 10 15Section 10. 254.154 of the statutes is amended to read:
AB806-engrossed,7,2516 254.154 This subchapter does not prohibit any city, village, town or other
17political subdivision from enacting and enforcing ordinances establishing a system
18of lead poisoning or lead exposure control that provides the same or higher standards
19than those set forth in this subchapter. Nothing in this subchapter other than s.
20254.173 (2) and (3)
may be interpreted or applied in any manner to impair the right
21of any person, or entity, municipality or other political subdivision to sue for damages
22or equitable relief or to restrain a violation of such an ordinance. Nothing in this
23subchapter may be interpreted or applied in any manner to impair the right of a
24municipality or other political subdivision to impose a penalty for or restrain the
25violation of an ordinance specified in this section
.
AB806-engrossed, s. 11
1Section 11. 254.166 (1) of the statutes is amended to read:
AB806-engrossed,8,242 254.166 (1) The department may, after being notified that an occupant of a
3dwelling or premises who is under 6 years of age has blood lead poisoning or lead
4exposure, present official credentials to the owner or occupant of the dwelling or
5premises, or to a representative of the owner, and request admission to conduct a lead
6inspection investigation of the dwelling or premises. If the department is notified
7that an occupant of a dwelling or premises who is a child under 6 years of age has
8an elevated blood lead level, the department shall conduct a lead investigation of the
9dwelling or premises or ensure that a lead investigation of the dwelling or premises
10is conducted.
The lead inspection investigation shall be conducted during business
11hours, unless the owner or occupant of the dwelling or premises consents to an
12inspection investigation during nonbusiness hours or unless the department
13determines that the dwelling or premises presents an imminent lead hazard. The
14department shall use reasonable efforts to provide prior notice of the lead inspection
15investigation to the owner of the dwelling or premises. The department may remove
16samples or objects necessary for laboratory analysis to determine the presence of a
17lead hazard in the dwelling or premises. The department shall prepare and file
18written reports of all inspections lead investigations conducted under this section
19and shall make the contents of these reports available for inspection by the public,
20except for medical information, which may be disclosed only to the extent that
21patient health care records may be disclosed under ss. 146.82 to 146.835. If the owner
22or occupant refuses admission, the department may seek a warrant to inspect
23investigate the dwelling or premises. The warrant shall advise the owner or
24occupant of the scope of the inspection lead investigation.
AB806-engrossed, s. 12
1Section 12. 254.166 (2) (c) of the statutes is renumbered 254.166 (2) (c) (intro.)
2and amended to read:
AB806-engrossed,9,43 254.166 (2) (c) (intro.) Notify the occupant of the dwelling or premises or that
4person's
the occupant's representative that of all of the following:
AB806-engrossed,9,6 51. That a lead hazard is present on or in the dwelling or premises and may
6constitute a health hazard
.
AB806-engrossed, s. 13 7Section 13. 254.166 (2) (c) 2. of the statutes is created to read:
AB806-engrossed,9,98 254.166 (2) (c) 2. The results of any lead investigations conducted on or in the
9dwelling or premises.
AB806-engrossed, s. 14 10Section 14. 254.166 (2) (c) 3. of the statutes is created to read:
AB806-engrossed,9,1111 254.166 (2) (c) 3. Any actions taken to reduce or eliminate the lead hazard.
AB806-engrossed, s. 15 12Section 15. 254.166 (2) (e) of the statutes is created to read:
AB806-engrossed,9,1613 254.166 (2) (e) If an order is issued under par. (d), conduct or require a certified
14lead risk assessor or other person certified under s. 254.176 to conduct a lead
15investigation, a check of work completed and dust tests for the presence of hazardous
16levels of lead to ensure compliance with the order.
AB806-engrossed, s. 16 17Section 16. 254.167 (intro.) of the statutes is amended to read:
AB806-engrossed,9,25 18254.167 Conduct of lead inspection investigation. (intro.) Subject to the
19limitation under s. 254.174, the department may promulgate rules establishing
20procedures for conducting lead inspections investigations of dwellings and premises.
21Any rules promulgated under this section shall meet, but not exceed, any
22requirements under regulations promulgated by the administrator of the federal
23environmental protection agency under section 402 of the federal toxic substances
24control act, as created by section 1021 of P.L. 102-550.
The rules promulgated under
25this section may include the following:
AB806-engrossed, s. 17
1Section 17. 254.167 (1) of the statutes is amended to read:
AB806-engrossed,10,42 254.167 (1) Specific procedures for inspecting investigating, testing or
3sampling painted, varnished or other finished surfaces, drinking water, household
4dust, soil and other materials that may contain lead.
AB806-engrossed, s. 18 5Section 18. 254.167 (2) of the statutes is amended to read:
AB806-engrossed,10,106 254.167 (2) Specific procedures for the notification of owners, operators,
7occupants or prospective occupants, mortgagees and lienholders of lead levels
8identified during an inspection a lead investigation and of any health risks that are
9associated with the lead level and condition of the lead found during the inspection
10lead investigation.
AB806-engrossed, s. 19 11Section 19. 254.167 (3) of the statutes is amended to read:
AB806-engrossed,10,1412 254.167 (3) The form of lead inspection investigation reports, the requirements
13for filing the reports with the department and the procedures by which members of
14the public may obtain copies of inspection lead investigation reports.
AB806-engrossed, s. 20 15Section 20. 254.17 of the statutes is repealed.
AB806-engrossed, s. 21 16Section 21. 254.171 of the statutes is created to read:
AB806-engrossed,11,5 17254.171 Dwellings and units of dwellings where child has elevated
18blood lead level.
If an owner of a dwelling or unit of a dwelling receives written
19notice from the department or a local health department that a child under 6 years
20of age, who resides in the owner's owner-occupied dwelling or unit or who resides in
21the owner's dwelling or unit under the terms of a rental agreement, has an elevated
22blood lead level, the owner shall obtain a certificate of lead-free status or certificate
23of lead-safe status for the affected dwelling or unit in a timely manner, based on the
24reasonable availability of lead risk assessors or other persons certified under s.
25254.176 to conduct any necessary lead investigation or lead hazard reduction

1activities and based on the time required for issuance of a certificate of lead-free
2status or a certificate of lead-safe status. A certificate of lead-safe status obtained
3under this section may not be for less than 12 months in duration. Nothing in this
4section precludes the department or the department's agent from conducting a lead
5investigation or issuing an order under s. 254.166.
AB806-engrossed, s. 22 6Section 22. 254.172 of the statutes is repealed and recreated to read:
AB806-engrossed,11,10 7254.172 Prevention and control of lead-bearing paint hazards in
8dwellings and premises.
(1) Subject to the limitation under s. 254.174, the
9department may promulgate rules governing lead hazard reduction that the
10department determines are consistent with federal law.
AB806-engrossed,11,17 11(2) If a certified lead risk assessor or other person certified under s. 254.176
12conducts a lead investigation of a dwelling or premises, he or she shall conduct the
13lead investigation and issue a report in accordance with any rules promulgated
14under s. 254.167. If the report indicates that the dwelling or premises meets criteria
15under s. 254.179 (1) (a) for issuance of a certificate of lead-free or of a certificate of
16lead-safe status, the lead risk assessor or other person shall issue the appropriate
17certificate, subject to s. 254.181.
AB806-engrossed, s. 23 18Section 23. 254.173 of the statutes is created to read:
AB806-engrossed,11,21 19254.173 Immunity from liability for lead poisoning or lead exposure;
20restrictions.
(1) Legislative findings and purpose. (a) The legislature finds all
21of the following:
AB806-engrossed,12,322 1. That a national task force appointed by the federal department of housing
23and urban development, the task force on lead-based paint hazard reduction and
24financing, found that 1,700,000 children under 6 years of age have blood lead levels
25at or above the federally established level of concern. The task force also found that

1the most common cause of childhood lead poisoning is ingestion of
2lead-contaminated dust and chips from lead-bearing paint. The other significant
3cause is dust from bare lead-contaminated soil.
AB806-engrossed,12,84 2. That high levels of lead in a child's blood can cause permanent nervous
5system damage and even relatively low blood lead levels can cause significant
6nervous system effects. Of 58,797 children who were screened in this state in fiscal
7year 1995-96, 11,170, or 19%, were newly identified as having blood lead levels that
8constitute lead poisoning or lead exposure.
AB806-engrossed,12,189 (b) The legislature encourages property owners to address the problems
10associated with lead-bearing paint by bringing their property into compliance with
11the applicable state standards and finds that an appropriate method to so encourage
12property owners is to hold them not liable with respect to a person who develops lead
13poisoning or lead exposure in the property. The purpose of these standards and this
14restriction on liability is to reduce the exposure of children and others to
15lead-bearing paints, thereby substantially reducing the number of persons who
16develop lead poisoning or lead exposure. In addition, these standards and this
17restriction on liability will improve the quality of this state's housing stock and result
18in greater availability of insurance coverage for lead hazards.
AB806-engrossed,13,2 19(2) Immunity; conditions; restrictions. An owner of a dwelling or unit of a
20dwelling and his or her employes and agents are immune from civil and criminal
21liability and may not be subject to an agency proceeding under ch. 227, other than
22for the enforcement of rules promulgated by the department under this subchapter,
23for their acts or omissions related to lead poisoning or lead exposure of a person who
24resides in or has visited the dwelling or unit if, at the time that the lead poisoning
25or lead exposure occurred, a certificate of lead-free status or a certificate of lead-safe

1status was in effect for the dwelling or unit. This subsection does not apply if it is
2shown by clear and convincing evidence that one of the following has occurred:
AB806-engrossed,13,33 (a) The owner or his or her employe or agent obtained the certificate by fraud.
AB806-engrossed,13,54 (b) The owner or his or her employe or agent violated a condition of the
5certificate.
AB806-engrossed,13,96 (c) During renovation, remodeling, maintenance or repair after receiving the
7certificate, the owner or his or her employe or agent created a lead-bearing paint
8hazard that was present in the dwelling or unit of the dwelling at the time that the
9lead poisoning or lead exposure occurred.
AB806-engrossed,13,1210 (d) The owner or his or her employe or agent failed to respond in a timely
11manner to notification by a tenant, by the department or by a local health
12department that a lead-bearing paint hazard might be present.
AB806-engrossed,13,1413 (e) The lead poisoning or lead exposure was caused by a source of lead in the
14dwelling or unit of the dwelling other than lead-bearing paint.
AB806-engrossed,13,25 15(3) Temporary immunity; exception. (a) An owner of a dwelling or unit of a
16dwelling and his or her employes and agents are immune from civil and criminal
17liability and may not be subject to an agency proceeding under ch. 227, other than
18for the enforcement of rules promulgated by the department under this subchapter,
19for their acts or omissions related to lead poisoning or lead exposure that occur
20during the first 30 days after the owner acquires the dwelling or unit, except that this
21subsection does not apply to lead poisoning or lead exposure that results from a
22lead-bearing paint hazard created by the owner or his or her employe or agent.
23Except as provided in par. (b), immunity under this subsection is extended for an
24additional 60 days if the owner of the dwelling or unit of a dwelling or his or her
25employe or agent has done one of the following during that first 30-day period:
AB806-engrossed,14,2
11. Completed a lead investigation report or entered into a contract for a lead
2investigation with respect to the dwelling or unit.
AB806-engrossed,14,43 2. Entered into a contract for lead hazard reduction with respect to the dwelling
4or unit.
AB806-engrossed,14,55 3. Registered for a course under s. 254.179 (1) (e).
AB806-engrossed,14,66 4. Received certification under s. 254.176.
AB806-engrossed,14,97 (b) Immunity under par. (a) for an additional 60 days following the first 30 days
8after an owner acquires a dwelling or unit of a dwelling applies only if all of the
9following occur:
AB806-engrossed,14,1110 1. The owner obtains a certificate of lead-free status or a certificate of lead-safe
11status for the dwelling or unit.
AB806-engrossed,14,1612 2. The owner shows by clear and convincing evidence that the property was in
13compliance with the standard to obtain a certificate of lead-free status or a
14certificate of lead-safe status by the end of the 90-day period and that the owner
15obtained the certificate in a reasonable amount of time following the owner's acts to
16achieve compliance.
AB806-engrossed, s. 24 17Section 24. 254.174 of the statutes is amended to read:
AB806-engrossed,15,3 18254.174 Technical advisory committees. Before the department may
19promulgate rules under s. 254.167, 254.168, 254.17 or 254.172 or 254.179, the
20department shall appoint a technical advisory committee under s. 227.13 and shall
21consult with the technical advisory committee on the proposed rules. Any technical
22advisory committee required under this section shall include representatives from
23local health departments that administer local lead programs, representatives from
24the housing industry, persons certified under s. 254.176 and, representatives from
25the medical or public health professions, advocates for persons at risk of lead

1poisoning and a resident of a 1st class city
. Any technical advisory committee
2required under this section before promulgating rules under s. 254.168 shall also
3include representatives of facilities serving children under 6 years of age.
AB806-engrossed, s. 25 4Section 25. 254.176 (3) (b) of the statutes is repealed.
AB806-engrossed, s. 26 5Section 26. 254.178 (2) (b) of the statutes is repealed.
AB806-engrossed, s. 27 6Section 27. 254.179 of the statutes is created to read:
AB806-engrossed,15,10 7254.179 Rules for dwellings and premises. (1) Subject to s. 254.174 and
8after review of ordinances of cities, towns and villages in this state, the department
9shall, by use of a research-based methodology, promulgate as rules all of the
10following:
AB806-engrossed,15,1411 (a) Except as provided in s. 254.18, the standards for a premises, dwelling or
12unit of a dwelling that must be met for issuance of a certificate of lead-free status
13or a certificate of lead-safe status to the owner of the premises, dwelling or unit of
14a dwelling, with the goal of long-term lead hazard reduction.
AB806-engrossed,15,1615 (b) The procedures by which a certificate of lead-free status or a certificate of
16lead-safe status may be issued or revoked.
AB806-engrossed,15,1817 (c) The period of validity of a certificate of lead-free status or a certificate of
18lead-safe status, including all of the following:
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