LRB-3556/2
DAK:kg:jf
1999 - 2000 LEGISLATURE
September 16, 1999 - Introduced by Joint Legislative Council. Referred to
Committee on Economic Development, Housing and Government Operations.
SB232,1,12
1An Act to renumber 254.168 (1) to (7);
to renumber and amend 254.166 (2)
2(c) and 254.168 (intro.);
to amend 254.13 (2), 254.156, 254.162 (1) (intro.),
3254.166 (1), 254.166 (2) (intro.), 254.17 (3) (b) 3. and (6) (c) and 254.174;
to
4repeal and recreate 254.17 and 254.172; and
to create 14.065 (3m), 20.435
5(5) (ee), 234.495, 254.11 (4e), (4m), (4s), (4v), (5m), (8p) and (9g), 254.165,
6254.166 (2) (c) 2. and 3., 254.166 (2) (e), 254.168 (2m), 254.171, 254.173,
7254.177, chapter 606 and 901.055 of the statutes;
relating to: lead hazard
8control, lead-bearing paint hazard reduction, use of oil overcharge funds for
9lead hazard reduction in dwellings, providing restricted immunity from civil
10liability to certain property owners, employes and agents, requiring the
11Wisconsin housing and economic development authority to promote certain
12loan programs, granting rule-making authority and making appropriations.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the joint legislative council in
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Prefatory note: This bill was prepared for the joint legislative council's special
committee on lead poisoning prevention and control. The bill requires owners of occupied
dwellings constructed before January 1, 1950, to meet specified maintenance and
treatment requirements unless their properties are found to be either lead-free or free
of lead-bearing paint hazards. Owners of dwellings constructed on or after January 1,
1950, but before January 1, 1978, are permitted to have their properties inspected to
determine whether any lead-bearing paint hazards exist and to follow the essential
maintenance practices and lead hazard control requirements and agree to comply with
the requirements for responding to notification of a child with lead poisoning which are
set forth in the provisions of the bill relating to pre-1950 dwellings. The bill also requires
the department of health and family services (DHFS) to inspect dwellings where children
with a specified blood lead level reside or frequent.
The bill provides immunity from liability to property owners and their employes
and agents for damages relating to lead poisoning or lead exposure if their property has
received one of 3 types of certificates specified in the bill. There are 5 exceptions to this
immunity from liability. In addition, a grace period on liability is provided to persons for
the first 90 days after they become property owners, with an exception for hazards caused
by the owner or his or her employes or agents.
The bill also contains provisions regarding admissibility of dust tests for the
presence of lead in certain actions and proceedings, establishment of a state residential
lead liability fund and use of oil overcharge funds for the reduction of lead hazards in
dwellings in conjunction with energy conservation activities.
The bill amends current law to require, instead of permit, the DHFS to promulgate
rules requiring facilities serving children under age 6 to obtain written evidence that the
children have been tested for lead poisoning and to be inspected for lead hazards. Also,
the bill requires the DHFS to promulgate rules relating to the conduct of lead inspections
and certificates of lead-free status, abatement and lead hazard reduction; rules setting
forth safe work practices to be followed and unsafe work practices to be avoided to prevent
exposing occupants to lead hazards; and rules setting forth standard treatment measures
that owners of dwellings built before 1950 must employ.
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.