The bill creates a continuing general purpose revenue (GPR) appropriation in the
DHFS budget of $2,500,000 in fiscal year 2000-01, to fund lead-bearing paint hazard
reduction activities. Priority is given to grants and interest-free, deferred-payment
loans to reduce lead hazards in housing and for the additional purposes of funding lead
poisoning education and lead inspections and the expansion of lead poisoning prevention
programs to additional counties.
The bill also directs the Wisconsin housing and economic development authority
(WHEDA) to aggressively promote its home improvement loan program and rental
improvement loan program with property owners whose properties contain lead paint as
mechanisms for funding the elimination, abatement or control of lead-bearing paint.
WHEDA is also directed to attempt to make loans of $5,000,000 per year in total under
the 2 programs for this purpose.
Further details regarding the provisions of the bill are contained in the notes that
follow the Sections of the bill.
In preparing the bill, the special committee adopted the following preamble:
The special committee on lead poisoning prevention and control recognizes that
lead poisoning is a significant public health hazard, having a major impact on young
children. High levels of lead in the blood of young children can cause permanent nervous
system damage and even in relatively low levels can cause significant nervous system
effects, such as reducing intelligence and attention span, reading and learning
disabilities and behavior problems.
While steps have been taken to reduce children's exposure to lead through
elimination or reduction of lead in gasoline, cans and pipes and through a ban on lead in
paint beginning in 1978, there is still a significant potential for exposure from
lead-bearing paint in pre-1978 housing. The potential for exposure is highest in
pre-1950 housing, but is also present in housing that was developed between 1950 and
1978, a period when alternatives to lead-bearing paint were becoming available, but
were not required to be used.
To address this public health hazard, the special committee is recommending a
multifaceted approach, including development of lead-bearing paint housing standards
and providing incentives for property owners to meet those standards through limiting
their potential liability and increasing the availability of insurance coverage.
SB232, s. 1
1Section
1. 14.065 (3m) of the statutes is created to read:
SB232,3,52
14.065
(3m) Any proposal submitted under sub. (3) after the effective date of
3this subsection .... [revisor inserts date], shall provide for the expenditure of all
4available oil overcharge funds for the reduction of lead hazards in dwellings that is
5done to allow for and in conjunction with energy conservation activities.
Note: Current s. 14.065 provides for expenditure of oil overcharge funds, which are
defined as "any oil overcharge restitution funds which the federal government disburses
to this state under any act of congress, court order or administrative action". That section
requires the governor to submit to the legislature a proposal for expenditure of the funds.
That section also provides for standing committee review of the proposal and final action
on the proposal by the joint committee on finance.
This bill provides that any such proposal submitted after the day after publication
of the bill must provide for the expenditure of all available oil overcharge funds for the
reduction of lead hazards in dwellings that is done to allow for and in conjunction with
energy conservation activities.
SB232, s. 2
6Section
2
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
7the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB232, s. 3
1Section
3
. 20.435 (5) (ee) of the statutes is created to read:
SB232,4,42
20.435
(5) (ee)
Lead poisoning prevention program. As a continuing
3appropriation, the amounts in the schedule for the lead poisoning prevention
4program under s. 254.165.
Note: Creates a continuing GPR appropriation in the DHFS budget for purposes
related to lead paint hazard reduction, with priority given for grants and interest-free,
deferred-payment loans to reduce lead paint hazards in housing. In addition, funds are
to be utilized for lead poisoning education and lead inspections and to expand lead
poisoning prevention programs to additional counties. For fiscal year 2000-01 (the 2nd
year of the 1999-2001 biennium), $2,500,000 GPR is appropriated.
SB232, s. 4
5Section
4. 234.495 of the statutes is created to read:
SB232,4,11
6234.495 Promotion of programs. The authority shall aggressively promote
7its home improvement loan program and rental improvement loan program with
8property owners whose properties contain lead-bearing paint for use in funding the
9elimination, abatement or control of lead-bearing paint. The authority shall
10attempt to make loans of at least $5,000,000 per year in total under the 2 programs
11for this purpose.
Note: Directs WHEDA to aggressively promote its current home improvement
loan program and rental improvement loan programs with property owners whose
properties contain lead-bearing paint as mechanisms for funding the elimination,
abatement or control of lead-bearing paint. WHEDA must attempt to make loans of at
least $5,000,000 per year in total under the 2 programs for that purpose.
SB232, s. 5
1Section
5. 254.11 (4e), (4m), (4s), (4v), (5m), (8p) and (9g) of the statutes are
2created to read:
SB232,5,63
254.11
(4e) "Certificate of abatement" means a certificate issued by a certified
4independent risk assessor that documents a finding by the assessor that all
5lead-bearing painted surfaces in a dwelling or unit have been properly abated, as
6defined by the department by rule.
SB232,5,10
7(4m) "Certificate of lead-free status" means a certificate issued by a certified
8independent lead inspector or a certified independent risk assessor that documents
9a finding by the inspector or assessor that a dwelling or unit contains no
10lead-bearing paint on any interior or exterior surface, component or fixture.
SB232,5,14
11(4s) "Certificate of lead hazard reduction" means a certificate issued by a
12certified independent risk assessor that documents a finding by the assessor that all
13lead-bearing paint that is a lead hazard in a dwelling or unit has been properly
14controlled.
SB232,5,16
15(4v) "Child" means a person who is less than 18 years of age, unless the context
16requires otherwise.
SB232,5,20
17(5m) "Elevated blood lead level" means a level of lead in blood that is 20 or more
18micrograms per 100 milliliters of blood as confirmed by one venous blood test or that
19is 15 or more micrograms per 100 milliliters of blood as confirmed by 2 consecutive
20venous blood tests that are performed at least 3 months apart.
SB232,5,22
21(8p) "Lead hazard screen" has the meaning specified by rule by the
22department.
SB232,5,24
23(9g) "Lead risk assessment" has the meaning specified by rule by the
24department.
Note: New s. 254.11 (4e), (4m) and (4s) define the terms "certificate of abatement",
"certificate of lead-free status" and "certificate of lead hazard reduction". These terms
and definitions are based on the terms and descriptions of these terms used in the report
of the lead-based paint hazard reduction and financing task force, entitled Putting the
Pieces Together: Controlling Lead Hazards in the Nation's Housing (known as the
Housing and Urban Development (HUD) task force report). Under Section 24 of the bill,
the requirements for the issuance, maintenance and revocation of these certificates must
be set forth in rules promulgated by the DHFS.
New s. 254.11 (4v) defines "child" as a person who is less than 18 years of age, unless
the context requires otherwise.
New s. 254.11 (5m) defines the term "elevated blood lead level", using the current
federal centers for disease control and prevention (CDC) recommended threshold for the
level at which an environmental investigation of a child's dwelling must be conducted.
New s. 254.11 (8p) and (9g) define the terms "lead hazard screen" and "risk
assessment" as having the meaning specified by the DHFS by rule.
SB232, s. 6
1Section
6. 254.13 (2) of the statutes is amended to read:
SB232,6,82
254.13
(2) A person who screens a child
under 6 years of age for lead poisoning
3or lead exposure under this subchapter, or any rule promulgated under this
4subchapter, shall report the results of the screening to the department within the
5time period for reporting by rule. The department shall promulgate rules specifying
6the form of the reports required under this subsection. A person making a report
7under this subsection in good faith is immune from civil or criminal liability that
8might otherwise be incurred from making the report.
Note: Amends current law to require a person who screens a child under age 18,
instead of age 6, for lead poisoning to report the results to the DHFS.
SB232, s. 7
9Section
7. 254.156 of the statutes is amended to read:
SB232,7,6
10254.156 (title)
Definition
Definitions of elevated blood lead level,
11lead-bearing paint and lead poisoning or lead exposure. Notwithstanding s.
12254.11 (intro.),
(5m), (8) and (9), whenever the centers for disease control and
13prevention of the federal department of health and human services
specifies 14recommends a standard for the determination of
an elevated blood lead level for
15which an environmental investigation is required that differs from the definition in
16s. 254.11 (5m) or recommends a standard for the determination of lead-bearing paint
1or lead poisoning or lead exposure that differs from that specified in s. 254.11 (8) or
2(9), the department shall promulgate a rule defining
"elevated blood lead level", 3"lead-bearing paint" or "lead poisoning or lead exposure" to correspond to the
4specification recommendation of the centers for disease control and prevention.
5Rules promulgated under this section supersede s. 254.11
(5m), (8) and (9) with
6respect to the requirements of this subchapter.
Note: Amends current law to require the DHFS to promulgate a rule to change the
definition of "elevated blood lead level" whenever the CDC changes its recommended
definition for the level at which an environmental investigation must be conducted.
SB232, s. 8
7Section
8. 254.162 (1) (intro.) of the statutes is amended to read:
SB232,7,148
254.162
(1) Institutions and programs providing services to children under
96 years of age. (intro.) The department
may
shall promulgate rules requiring the
10following institutions and programs to obtain written evidence that each child under
116 years of age participating in the institution or program has obtained a lead
12screening, or is exempt from obtaining one, under the recommended lead screening
13levels and intervals contained in the rules promulgated by the department under s.
14254.158,
if any, within the time periods specified by the department:
Note: Amends current law to require, instead of permit, the DHFS to promulgate
rules requiring specified institutions and programs which serve children (e.g., day care
centers) to obtain written evidence that each child under age 6 participating in the
institution or program has obtained a lead screening.
SB232, s. 9
15Section
9. 254.165 of the statutes is created to read:
SB232,7,18
16254.165 Lead poisoning prevention program. (1) Except as provided in
17sub. (2), from the appropriation account under s. 20.435 (5) (ee), the department shall
18distribute moneys for all of the following:
SB232,7,2119
(a) Lead-bearing paint hazard reduction, with a priority for grants and
20interest-free, deferred-payment loans for the reduction of lead-bearing paint
21hazards in housing.
SB232,8,1
1(b) Lead poisoning education.
SB232,8,22
(c) Lead inspections.
SB232,8,43
(d) The expansion of lead poisoning prevention programs to counties that do
4not have those programs.
SB232,8,15
5(2) Before distributing funds under sub. (1), the department shall, each fiscal
6year, submit to the joint committee on finance a detailed plan for the distribution of
7the funds. In developing the plan, the department shall consult with the technical
8advisory committee under s. 254.174, the subunit of the department of
9administration that deals with housing and the Wisconsin housing and economic
10development authority. The department may proceed with distribution of the funds
11if, within 14 days after the submission, the joint committee on finance does not
12schedule a meeting for the purpose of reviewing the department's plan. If, within 14
13days after the submission, the joint committee schedules a meeting for the purpose
14of reviewing the plan, the department may not distribute funds under sub. (1) until
15the joint committee approves the plan.
Note: Requires DHFS to develop and submit a detailed plan to the legislature's
joint committee on finance prior to distributing funds from the newly created GPR
appropriation in the bill. In developing the plan, DHFS must consult with the technical
advisory committee created to advise the department on lead poisoning rules as well as
the department of administration's division of housing and WHEDA.
SB232, s. 10
16Section
10. 254.166 (1) of the statutes is amended to read:
SB232,9,1517
254.166
(1) The department may, after being notified that an occupant of a
18dwelling who is
under 6 years of age a child has blood lead poisoning or lead exposure,
19present official credentials to the owner or occupant of the dwelling or premises, or
20to a representative of the owner, and request admission to conduct a lead inspection
21of the dwelling or premises.
If the department is notified that an occupant of a
22dwelling who is a child under 6 years of age has an elevated blood lead level, the
1department shall conduct a lead inspection of the dwelling or premises. The lead
2inspection shall be conducted during business hours, unless the owner or occupant
3of the dwelling or premises consents to an inspection during nonbusiness hours or
4unless the department determines that the dwelling or premises presents an
5imminent lead hazard. The department shall use reasonable efforts to provide prior
6notice of the lead inspection to the owner of the dwelling or premises. The
7department may remove samples or objects necessary for laboratory analysis to
8determine the presence of a lead hazard in the dwelling or premises. The department
9shall prepare and file written reports of all inspections conducted under this section
10and shall make the contents of these reports available for inspection by the public,
11except for medical information, which may be disclosed only to the extent that
12patient health care records may be disclosed under ss. 146.82 to 146.835. If the owner
13or occupant refuses admission, the department may seek a warrant to inspect the
14dwelling or premises. The warrant shall advise the owner or occupant of the scope
15of the inspection.
Note: Under current law, the DHFS, after being notified that an occupant of a
dwelling who is under age 6 has blood lead poisoning or lead exposure, may inspect the
dwelling or premises. "Lead poisoning or lead exposure" means a blood lead level of w
10 ug/dL (micrograms per deciLiter). This Section amends current law to permit the
DHFS to inspect a dwelling or premises after being notified that a child who is under age
18 has lead poisoning or lead exposure. This Section also amends current law to require
the DHFS to conduct a lead inspection of a dwelling which the DHFS has been notified
has an occupant who is under age 6 and who has an elevated blood lead level (one venous
blood lead level test w 20 ug/dL or 2 consecutive venous tests w 15 ug/dL).
SB232, s. 11
16Section
11
. 254.166 (2) (intro.) of the statutes is amended to read:
SB232,9,1817
254.166
(2) (intro.) If the department determines that a lead hazard is present
18in any dwelling or premises, the department
may do any
shall do all of the following:
SB232, s. 12
19Section
12
. 254.166 (2) (c) of the statutes is renumbered 254.166 (2) (c) (intro.)
20and amended to read:
SB232,10,3
1254.166
(2) (c) (intro.) Notify
all of the
occupant occupants of the dwelling or
2premises or
that person's representative that those persons' representatives of all of
3the following:
SB232,10,5
41. That a lead hazard is present on or in the dwelling or premises
and may
5constitute a health hazard.
SB232, s. 13
6Section
13
. 254.166 (2) (c) 2. and 3. of the statutes are created to read:
SB232,10,87
254.166
(2) (c) 2. The results of any lead inspections conducted on or in the
8dwelling or premises.
SB232,10,99
3. Any actions taken to reduce or eliminate the lead hazard.
SB232, s. 14
10Section
14
. 254.166 (2) (e) of the statutes is created to read:
SB232,10,1411
254.166
(2) (e) If an order is issued under par. (d), conduct or require a certified
12independent lead inspector or certified independent risk assessor to conduct a visual
13inspection, a check of work completed and dust tests for the presence of lead to ensure
14compliance.
Note: Section 11 amends current law to require, instead of permit, the DHFS to
do all of the following if it determines a lead hazard is present in any dwelling or premises:
1. Cause to be posted in a conspicuous place upon the dwelling or premises a notice
of the presence of a lead hazard.
2. Inform the local health officer of the results of the lead inspection and provide
recommendations to reduce or eliminate the lead hazard.
3. Notify the occupant of the dwelling or premises that a lead hazard is present in
the dwelling or premises.
4. Notify the owner of the dwelling or premises of the presence of a lead hazard.
Sections 12 and 13 amend the provision described in item 3., above, to require the
DHFS to notify all of the occupants of a dwelling that a lead hazard is present. In
addition, under the bill, the DHFS must notify the occupants of the results of any lead
inspections conducted on or in the dwelling or premises and any actions taken to reduce
or eliminate the lead hazard.
Section 14 also requires the DHFS to conduct or require a lead inspector or risk
assessor to conduct a visual inspection, a check of work completed and dust tests for the
presence of lead to ensure compliance with any order issued by the DHFS requiring
reduction or elimination of a lead hazard.
SB232, s. 15
15Section
15. 254.168 (intro.) of the statutes is renumbered 254.168 (1) (intro.)
16and amended to read:
SB232,11,5
1254.168
(1) (intro.) Subject to the limitation under s. 254.174, the department
2may promulgate rules that
, after June 30, 1998, require any of the following facilities
3to have periodic lead inspections at intervals determined by the department or to
4otherwise demonstrate that the facility does not contain a lead hazard, if any part
5of the facility was constructed
after January 1, 1950, but before January 1, 1978:
Note: Amends current law to permit the DHFS to promulgate rules that require
specified facilities that serve children to have periodic lead inspections if any part of the
facility was constructed after January 1, 1950, but before January 1, 1978.
SB232, s. 16
6Section
16. 254.168 (1) to (7) of the statutes are renumbered 254.168 (1) (a)
7to (g).
SB232, s. 17
8Section
17. 254.168 (2m) of the statutes is created to read:
SB232,11,139
254.168
(2m) Subject to the limitation under s. 254.174, the department shall
10promulgate rules that require any of the facilities specified in sub. (1) (a) to (g) to have
11periodic lead inspections at intervals determined by the department or to otherwise
12demonstrate that the facility does not contain a lead hazard, if any part of the facility
13was constructed before January 1, 1950.
Note: Amends current law to require, instead of permit, the DHFS to promulgate
rules that require specified facilities serving children to have periodic lead inspections if
any part of the facility was constructed before January 1, 1950.
SB232, s. 18
14Section
18. 254.17 of the statutes is repealed and recreated to read:
SB232,11,17
15254.17 Prevention and control of lead-bearing paint hazards in
16pre-1950 dwellings. (1) Applicability. An owner of an occupied dwelling
17constructed in this state prior to January 1, 1950, shall do one of the following:
SB232,11,2118
(a) Obtain a lead hazard screen or lead risk assessment in accordance with sub.
19(2), obtain a certificate of lead-free status or 2 consecutive certificates of abatement
20under sub. (2) (b), meet the requirements of subs. (3) and (5) and agree to comply with
21sub. (4).
SB232,12,4
1(b) Meet the requirements of subs. (3), (5) and (6) and agree to comply with sub.
2(4). If a certified independent risk assessor determines that an owner is in
3conformity with this paragraph, the assessor shall issue a certificate of lead hazard
4reduction.
SB232,12,16
5(2) Lead hazard screen or lead risk assessment. (a) An owner of a dwelling
6may have a lead hazard screen or a lead risk assessment conducted to determine
7whether the dwelling contains any lead hazards. If the owner elects this option, a
8lead hazard screen or lead risk assessment shall be conducted at least once every 12
9to 18 months or, if a certificate of lead hazard reduction, lead hazard abatement or
10lead-free status has been issued for the dwelling, when the certificate expires. The
11certified independent risk assessor who conducts the lead hazard screen or lead risk
12assessment shall provide the owner with a report prepared in accordance with rules
13promulgated under s. 254.167. If the report indicates that the dwelling meets the
14criteria established by the department by rule for issuing a certificate of lead-free
15status, a certificate of abatement or a certificate of lead hazard reduction, the
16assessor shall issue the appropriate certificate.
SB232,12,1917
(b) If the owner receives a certificate of lead-free status or 2 consecutive
18certificates of abatement as the result of one or more lead hazard screens or lead risk
19assessments, the owner shall be exempt from the requirements in sub. (6).
SB232,12,2120
(c) If the owner receives a report for a lead hazard screen that indicates that
21the dwelling contains a lead hazard, the owner shall obtain a lead risk assessment.
SB232,12,2322
(d) If the owner receives a report for a lead risk assessment that indicates that
23the dwelling contains a lead hazard, the owner shall do one of the following:
SB232,12,2424
1. Control identified lead hazards pursuant to sub. (5).
SB232,13,3
12. If the owner owns a multifamily dwelling or multiple dwellings, have a
2certified independent risk assessor develop a lead hazard control plan that does all
3of the following:
SB232,13,84
a. Provides for the implementation of essential maintenance practices under
5sub. (3), for response to any report of a child with lead poisoning or lead exposure
6under sub. (4) and for control of identified lead-bearing paint hazards under sub. (5)
7based on the schedule set forth in the plan using effective lead hazard control
8techniques and sufficient dust testing for the presence of lead.
SB232,13,119
b. Prioritizes lead hazard controls in any unit occupied or frequented by a child
10under age 6 by making lead-bearing paint hazard control of those units subject to
11an accelerated schedule.
SB232,13,1712
c. Specifies the percentage of all units in which lead-bearing paint hazards
13must be controlled within a determined period, with first priority to every unit
14housing a child under age 6, and requires the owner to phase in implementation of
15lead hazard control activities in a specified percentage of units within a specified
16period of time until lead-bearing paint hazards have been controlled in a specified
17number of the units.
SB232,13,2118
d. Requires the owner to inform each tenant with whom a child under age 6
19resides of the availability of unoccupied units in which all lead-bearing paint
20hazards have been controlled and to seek to match each tenant with whom a child
21under age 6 resides with a unit that contains no lead-bearing paint hazards.
SB232,13,2322
e. Establishes a protocol for maintenance and specialized cleaning of units at
23the time of occupant turnover.