Amendment ASA1-AB806

LRBs0347/1

DAK&PJK:cjs:jf

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 806

February 28, 2000 - Offered by Committee on Housing.

AB806-ASA1,1,12 An Act to repeal 254.17, 254.176 (3) (b), 254.178 (2) (b) and chapter 606; to renumber and amend 254.166 (2) (c); to amend 20.435 (1) (gm), 254.15 (1), 254.154, 254.166 (1), 254.167 (intro.), 254.167 (1), 254.167 (2), 254.167 (3) and 254.174; to repeal and recreate 254.172; and to create 254.11 (4g), 254.11 (4h), 254.11 (5m), 254.11 (8d), 254.11 (8s), 254.11 (9g), 254.166 (2) (c) 2., 254.166 (2) (c) 3., 254.166 (2) (e), 254.171, 254.173, 254.179, 254.18, 254.181, chapter 606 and 901.055 of the statutes; relating to: conducting lead investigations, lead-bearing paint hazard control, requirements for certification of lead-free or lead-safe status for dwellings and premises, immunity from liability for lead poisoning or lead exposure, a state residential lead liability fund, granting rule-making authority, requiring the exercise of rule-making authority and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB806-ASA1, s. 1 Section 1. 20.435 (1) (gm) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB806-ASA1,2,12 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 146.50 (8), 250.05 (6), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179 (1) (d), 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 and 255.08 (2) and ch. 69, for the purchase and distribution of medical supplies and to analyze and provide data under s. 250.04. All moneys received under ss. 146.50 (5) (f), (8) (d), 250.04 (3m), 250.05 (6), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 and 255.08 (2) (b) and ch. 69 and as reimbursement for medical supplies shall be credited to this appropriation account.

AB806-ASA1, s. 2 Section 2. 254.11 (4g) of the statutes is created to read:

AB806-ASA1,2,17 254.11 (4g) "Certificate of lead-free status" means a certificate issued by a certified lead risk assessor or other person certified under s. 254.176 that documents a finding by the assessor that a premises, dwelling or unit of a dwelling is free of lead-bearing paint as of the date specified on the certificate.

AB806-ASA1, s. 3 Section 3. 254.11 (4h) of the statutes is created to read:

AB806-ASA1,2,22 254.11 (4h) "Certificate of lead-safe status" means a certificate issued by a certified lead risk assessor or other person certified under s. 254.176 that documents that the assessor detected no lead-bearing paint hazards affecting the premises, dwelling or unit of the dwelling on the date specified on the certificate.

AB806-ASA1, s. 4 Section 4. 254.11 (5m) of the statutes is created to read:

AB806-ASA1,3,2 254.11 (5m) "Elevated blood lead level" means a level of lead in blood that is any of the following:

AB806-ASA1,3,4 (a) Twenty or more micrograms per 100 milliliters of blood, as confirmed by one venous blood test.

AB806-ASA1,3,6 (b) Fifteen or more micrograms per 100 milliliters of blood, as confirmed by 2 venous blood tests that are performed at least 90 days apart.

AB806-ASA1, s. 5 Section 5. 254.11 (8d) of the statutes is created to read:

AB806-ASA1,3,9 254.11 (8d) "Lead-bearing paint hazard" has the meaning specified by rule by the department.

AB806-ASA1, s. 6 Section 6. 254.11 (8s) of the statutes is created to read:

AB806-ASA1,3,13 254.11 (8s) "Lead investigation" means a measure or set of measures designed to identify the presence of lead or lead hazards, including examination of painted or varnished surfaces, paint, dust, water and other environmental media.

AB806-ASA1, s. 7 Section 7. 254.11 (9g) of the statutes is created to read:

AB806-ASA1,3,16 254.11 (9g) "Lead risk assessor" has the meaning specified by rule by the department.

AB806-ASA1, s. 8 Section 8. 254.15 (1) of the statutes is amended to read:

AB806-ASA1,4,6 254.15 (1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under s. 254.151; any childhood lead poisoning screening requirement under rules promulgated under ss. 254.158 and 254.162; any requirements regarding care coordination and follow-up for children with lead poisoning or lead exposure required under rules promulgated under s. 254.164; departmental responses to reports of lead poisoning or lead exposure under s. 254.166; any lead inspection investigation requirements under rules promulgated under ss. 254.167, ; any lead inspection requirements under rules promulgated under 254.168 and 254.17; any lead hazard reduction requirements under rules promulgated under s. 254.172; and certification, accreditation and approval requirements under ss. 254.176 and 254.178; any certification requirements and procedures under rules promulgated under s. 254.179; and any fees imposed under s. 254.181.

AB806-ASA1, s. 9 Section 9. 254.154 of the statutes is amended to read:

AB806-ASA1,4,17 254.154 This subchapter does not prohibit any city, village, town or other political subdivision from enacting and enforcing ordinances establishing a system of lead poisoning or lead exposure control that provides the same or higher standards than those set forth in this subchapter. Nothing in this subchapter other than s. 254.173 (2) and (3) may be interpreted or applied in any manner to impair the right of any person, or entity, municipality or other political subdivision to sue for damages or equitable relief or to restrain a violation of such an ordinance. Nothing in this subchapter may be interpreted or applied in any manner to impair the right of a municipality or other political subdivision to impose a penalty for or restrain the violation of an ordinance specified in this section.

AB806-ASA1, s. 10 Section 10. 254.166 (1) of the statutes is amended to read:

AB806-ASA1,5,17 254.166 (1) The department may, after being notified that an occupant of a dwelling or premises who is under 6 years of age has blood lead poisoning or lead exposure, present official credentials to the owner or occupant of the dwelling or premises, or to a representative of the owner, and request admission to conduct a lead inspection investigation of the dwelling or premises. If the department is notified that an occupant of a dwelling or premises who is a child under 6 years of age has an elevated blood lead level, the department shall conduct a lead investigation of the dwelling or premises or ensure that a lead investigation of the dwelling or premises is conducted, except that the department may waive this requirement in a city of the first class. The lead inspection investigation shall be conducted during business hours, unless the owner or occupant of the dwelling or premises consents to an inspection investigation during nonbusiness hours or unless the department determines that the dwelling or premises presents an imminent lead hazard. The department shall use reasonable efforts to provide prior notice of the lead inspection investigation to the owner of the dwelling or premises. The department may remove samples or objects necessary for laboratory analysis to determine the presence of a lead hazard in the dwelling or premises. The department shall prepare and file written reports of all inspections lead investigations conducted under this section and shall make the contents of these reports available for inspection by the public, except for medical information, which may be disclosed only to the extent that patient health care records may be disclosed under ss. 146.82 to 146.835. If the owner or occupant refuses admission, the department may seek a warrant to inspect investigate the dwelling or premises. The warrant shall advise the owner or occupant of the scope of the inspection lead investigation.

AB806-ASA1, s. 11 Section 11. 254.166 (2) (c) of the statutes is renumbered 254.166 (2) (c) (intro.) and amended to read:

AB806-ASA1,5,21 254.166 (2) (c) (intro.) Notify the occupant of the dwelling or premises or that person's the occupant's representative that of all of the following:

AB806-ASA1,5,23 1. That a lead hazard is present on or in the dwelling or premises and may constitute a health hazard.

AB806-ASA1, s. 12 Section 12. 254.166 (2) (c) 2. of the statutes is created to read:

AB806-ASA1,6,2 254.166 (2) (c) 2. The results of any lead investigations conducted on or in the dwelling or premises.

AB806-ASA1, s. 13 Section 13. 254.166 (2) (c) 3. of the statutes is created to read:

AB806-ASA1,6,4 254.166 (2) (c) 3. Any actions taken to reduce or eliminate the lead hazard.

AB806-ASA1, s. 14 Section 14. 254.166 (2) (e) of the statutes is created to read:

AB806-ASA1,6,9 254.166 (2) (e) If an order is issued under par. (d), conduct or require a certified lead risk assessor or other person certified under s. 254.176 to conduct a lead investigation, a check of work completed and dust tests for the presence of hazardous levels of lead to ensure compliance with the order.

AB806-ASA1, s. 15 Section 15. 254.167 (intro.) of the statutes is amended to read:

AB806-ASA1,6,18 254.167 Conduct of lead inspection investigation. (intro.) Subject to the limitation under s. 254.174, the department may promulgate rules establishing procedures for conducting lead inspections investigations of dwellings and premises. Any rules promulgated under this section shall meet, but not exceed, any requirements under regulations promulgated by the administrator of the federal environmental protection agency under section 402 of the federal toxic substances control act, as created by section 1021 of P.L. 102-550. The rules promulgated under this section may include the following:

AB806-ASA1, s. 16 Section 16. 254.167 (1) of the statutes is amended to read:

AB806-ASA1,6,22 254.167 (1) Specific procedures for inspecting investigating, testing or sampling painted, varnished or other finished surfaces, drinking water, household dust, soil and other materials that may contain lead.

AB806-ASA1, s. 17 Section 17. 254.167 (2) of the statutes is amended to read:

AB806-ASA1,7,3 254.167 (2) Specific procedures for the notification of owners, operators, occupants or prospective occupants, mortgagees and lienholders of lead levels identified during an inspection a lead investigation and of any health risks that are associated with the lead level and condition of the lead found during the inspection lead investigation.

AB806-ASA1, s. 18 Section 18. 254.167 (3) of the statutes is amended to read:

AB806-ASA1,7,7 254.167 (3) The form of lead inspection investigation reports, the requirements for filing the reports with the department and the procedures by which members of the public may obtain copies of inspection lead investigation reports.

AB806-ASA1, s. 19 Section 19. 254.17 of the statutes is repealed.

AB806-ASA1, s. 20 Section 20. 254.171 of the statutes is created to read:

AB806-ASA1,7,22 254.171 Dwellings and units of dwellings where child has elevated blood lead level. If an owner of a dwelling or unit of a dwelling receives written notice from the department or a local health department that a child under 6 years of age, who resides in the owner's owner-occupied dwelling or unit or who resides in the owner's dwelling or unit under the terms of a rental agreement, has an elevated blood lead level, the owner shall obtain a certificate of lead-free status or certificate of lead-safe status for the affected dwelling or unit in a timely manner, based on the reasonable availability of lead risk assessors or other persons certified under s. 254.176 to conduct any necessary lead investigation or lead hazard reduction activities and based on the time required for issuance of a certificate of lead-free status or a certificate of lead-safe status. Nothing in this section precludes the department or the department's agent from conducting a lead investigation or issuing an order under s. 254.166.

AB806-ASA1, s. 21 Section 21. 254.172 of the statutes is repealed and recreated to read:

AB806-ASA1,8,2 254.172 Prevention and control of lead-bearing paint hazards in dwellings and premises. (1) Subject to the limitation under s. 254.174, the department may promulgate rules governing lead hazard reduction that the department determines are consistent with federal law.