SB502: Bill Text

SB502,5,20 (8p) "Lead hazard screen" has the meaning specified by rule by the department.

SB502,5,22 (9g) "Lead risk assessment" has the meaning specified by rule by the department.

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 (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.

SB502, s. 6 Section 6. 254.13 (2) of the statutes is amended to read:

SB502,6,8 254.13 (2) A person who screens a child under 6 18 years of age for lead poisoning or lead exposure under this subchapter, or any rule promulgated under this subchapter, shall report the results of the screening to the department within the time period for reporting by rule. The department shall promulgate rules specifying the form of the reports required under this subsection. A person making a report under this subsection in good faith is immune from civil or criminal liability that might 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.

SB502, s. 7 Section 7. 254.156 of the statutes is amended to read:

SB502,7,2 254.156 (title) Definition Definitions of elevated blood lead level, lead-bearing paint and lead poisoning or lead exposure. Notwithstanding s. 254.11 (intro.), (5m), (8) and (9), whenever the centers for disease control and prevention of the federal department of health and human services specifies recommends a standard for the determination of an elevated blood lead level for which an environmental investigation is required that differs from the definition in s. 254.11 (5m) or recommends a standard for the determination of lead-bearing paint or lead poisoning or lead exposure that differs from that specified in s. 254.11 (8) or (9), the department shall promulgate a rule defining "elevated blood lead level", "lead-bearing paint" or "lead poisoning or lead exposure" to correspond to the specification recommendation of the centers for disease control and prevention. Rules promulgated under this section supersede s. 254.11 (5m), (8) and (9) with respect 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.

SB502, s. 8 Section 8. 254.162 (1) (intro.) of the statutes is amended to read:

SB502,7,10 254.162 (1) Institutions and programs providing services to children under 6 years of age. (intro.) The department may shall promulgate rules requiring the following institutions and programs to obtain written evidence that each child under 6 years of age participating in the institution or program has obtained a lead screening, or is exempt from obtaining one, under the recommended lead screening levels and intervals contained in the rules promulgated by the department under s. 254.158, 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.

SB502, s. 9 Section 9. 254.165 of the statutes is created to read:

SB502,7,14 254.165 Lead poisoning prevention program. (1) Except as provided in sub. (2), from the appropriation account under s. 20.435 (5) (fm), the department shall distribute funds for all of the following:

SB502,7,17 (a) Lead-bearing paint hazard reduction, with a priority for grants and interest-free, deferred-payment loans for the reduction of lead-bearing paint hazards in housing.

SB502,7,18 (b) Lead poisoning education.

SB502,7,19 (c) Lead inspections.

SB502,7,21 (d) The expansion of lead poisoning prevention programs to counties that do not have those programs.

SB502,8,11 (2) Before distributing funds under sub. (1), the department shall, each fiscal year, submit to the joint committee on finance a detailed plan for the distribution of the funds. In developing the plan, the department shall consult with the technical advisory committee under s. 254.174, the subunit of the department of administration that deals with housing and the Wisconsin housing and economic development authority. The department may proceed with distribution of the funds if, within 14 days after the submission, the joint committee on finance does not schedule a meeting for the purpose of reviewing the department's plan. If, within 14 days after the submission, the joint committee schedules a meeting for the purpose of reviewing the plan, the department may not distribute funds under sub. (1) until the 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.

SB502, s. 10 Section 10. 254.166 (1) of the statutes is amended to read:

SB502,9,11 254.166 (1) The department may, after being notified that an occupant of a dwelling who is under 6 18 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 of the dwelling or premises. If the department is notified that an occupant of a dwelling who is under 6 years of age has an elevated blood lead level, the department shall conduct a lead inspection of the dwelling or premises. The lead inspection shall be conducted during business hours, unless the owner or occupant of the dwelling or premises consents to an inspection 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 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 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 the dwelling or premises. The warrant shall advise the owner or occupant of the scope of 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).

SB502, s. 11 Section 11 . 254.166 (2) (intro.) of the statutes is amended to read:

SB502,9,14 254.166 (2) (intro.)  If the department determines that a lead hazard is present in any dwelling or premises, the department may do any shall do all of the following:

SB502, s. 12 Section 12 . 254.166 (2) (c) of the statutes is renumbered 254.166 (2) (c) (intro.) and amended to read:

SB502,9,19 254.166 (2) (c) (intro.) Notify all of the occupant occupants of the dwelling or premises or that person's representative that those persons' representatives of all of the following:

SB502,10,2 1. That a lead hazard is present on or in the dwelling or premises and may constitute a health hazard.

SB502, s. 13 Section 13 . 254.166 (2) (c) 2. and 3. of the statutes are created to read:

SB502,10,5 254.166 (2) (c) 2. The results of any lead inspections conducted on or in the dwelling or premises.

SB502,10,6 3. Any actions taken to reduce or eliminate the lead hazard.

SB502, s. 14 Section 14 . 254.166 (2) (e) of the statutes is created to read:

SB502,10,11 254.166 (2) (e) If an order is issued under par. (d), conduct or require a certified independent lead inspector or certified independent risk assessor to conduct a visual inspection, a check of work completed and dust tests for the presence of lead to ensure compliance.

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.

SB502, s. 15 Section 15. 254.168 (intro.) of the statutes is renumbered 254.168 (1) (intro.) and amended to read:

SB502,11,2 254.168 (1) (intro.) Subject to the limitation under s. 254.174, the department may promulgate rules that, after June 30, 1998, require any of the following facilities to have periodic lead inspections at intervals determined by the department or to otherwise demonstrate that the facility does not contain a lead hazard, if any part of the facility was constructed after January 1, 1950, but before January 1, 1978:

SB502, s. 16 Section 16. 254.168 (1) to (7) of the statutes are renumbered 254.16 (1) (a) to (g).

SB502, s. 17 Section 17. 254.168 (2m) of the statutes is created to read:

SB502,11,10 254.168 (2m) Subject to the limitation under s. 254.174, the department shall promulgate rules that, after June 30, 1998, require any of the facilities specified in sub. (1) (a) to (g) to have periodic lead inspections at intervals determined by the department or to otherwise demonstrate that the facility does not contain a lead hazard, if any part of the facility was constructed before January 1, 1950.

Note: Amends current law to require, instead of permit, the DHFS to promulgate rules that, after June 30, 1998, require specified facilities serving children to have periodic lead inspections if any part of the facility was constructed before January 1, 1950. As permitted under current law, the DHFS may promulgate such rules for facilities constructed after January 1, 1950 but before January 1, 1978.

SB502, s. 18 Section 18. 254.17 of the statutes is repealed and recreated to read:

SB502,11,14 254.17 Prevention and control of lead-bearing paint hazards in pre-1950 dwellings. (1) Applicability. An owner of an occupied dwelling constructed in this state prior to January 1, 1950, shall do one of the following:

SB502,11,18 (a) Obtain a lead hazard screen or lead risk assessment in accordance with sub. (2), obtain a certificate of lead-free status or 2 consecutive certificates of abatement under sub. (2) (b), meet the requirements of subs. (3) and (5) and agree to comply with sub. (4).

SB502,11,22 (b) Meet the requirements of subs. (3), (5) and (6) and agree to comply with sub. (4). If a certified independent risk assessor determines that an owner is in conformity with this paragraph, the assessor shall issue a certificate of lead hazard reduction.

SB502,12,12 (2) Lead hazard screen or lead risk assessment. (a) An owner of a dwelling may have a lead hazard screen or a lead risk assessment conducted to determine whether the dwelling contains any lead hazards. If the owner elects this option, a lead hazard screen or lead risk assessment shall be conducted at least once every 12 to 18 months or, if a certificate of lead hazard reduction, lead hazard abatement or lead-free status has been issued for the dwelling, when the certificate expires. The certified independent risk assessor who conducts the lead hazard screen or lead risk assessment shall provide the owner with a report prepared in accordance with rules promulgated under s. 254.167. If the report indicates that the dwelling meets the criteria established by the department by rule for issuing a certificate of lead-free status, a certificate of abatement or a certificate of lead hazard reduction, the assessor shall issue the appropriate certificate.

SB502,12,15 (b) If the owner receives a certificate of lead-free status or 2 consecutive certificates of abatement as the result of one or more lead hazard screens or lead risk assessments, the owner shall be exempt from the requirements in sub. (6).

SB502,12,17 (c) If the owner receives a report for a lead hazard screen which indicates that the dwelling contains a lead hazard, the owner shall obtain a lead risk assessment.

SB502,12,19 (d) If the owner receives a report for a lead risk assessment which indicates that the dwelling contains a lead hazard, the owner shall do one of the following:

SB502,12,20 1. Control identified lead hazards pursuant to sub. (5).

SB502,12,23 2. If the owner owns a multifamily dwelling or multiple dwellings, have a certified independent risk assessor develop a lead hazard control plan that does all of the following:

SB502,13,3 a. Provides for the implementation of essential maintenance practices under sub. (3), for response to any report of a child with lead poisoning or lead exposure under sub. (4) and for control of identified lead-bearing paint hazards under sub. (5) based on the schedule set forth in the plan using effective lead hazard control techniques and sufficient dust testing for the presence of lead.

SB502,13,6 b. Prioritizes lead hazard controls in any unit occupied or frequented by a child under age 6 by making lead-bearing paint hazard control of those units subject to an accelerated schedule.

SB502,13,12 c. Specifies the percentage of all units in which lead-bearing paint hazards must be controlled within a determined period, with first priority to every unit housing a child under age 6, and requires the owner to phase in implementation of lead hazard control activities in a specified percentage of units within a specified period of time until lead-bearing paint hazards have been controlled in a specified number of the units.

SB502,13,16 d. Requires the owner to inform each tenant with whom a child under age 6 resides of the availability of unoccupied units in which all lead-bearing paint hazards have been controlled and to seek to match each tenant with whom a child under age 6 resides with a unit that contains no lead-bearing paint hazards.

SB502,13,18 e. Establishes a protocol for maintenance and specialized cleaning of units at the time of occupant turnover.

SB502,13,20 f. Establishes a strategy and protocol for lead-bearing paint hazard control in common areas, based on the results of the lead risk assessment.

SB502,13,23 g. Establishes a schedule for ongoing monitoring by a certified independent risk assessor, including periodic visual inspection of the dwelling and sampling of dust levels for the presence of lead.

SB502,13,25 (3) Essential maintenance practices. An owner shall perform the following essential maintenance practices:

SB502,14,3 (a) Visual inspection and repair. 1. Visually inspect for deteriorating paint every 12 months. An owner of a rental or leased dwelling shall also conduct such an inspection at the time of unit tenant or lessee turnover.

SB502,14,7 2. Promptly repair deteriorating paint and the cause of deterioration. The department may specify by rule a minimum square footage per room of deteriorating paint to which this subdivision would not apply and shall define the term "promptly" by rule.

SB502,14,8 (b) Tenant notification. For a rental or leased dwelling, do all of the following:

SB502,14,10 1. Comply with environmental protection agency real estate lead disclosure and notification requirements.

SB502,14,11 2. Inform tenants of how to report deteriorating paint to the owner.

SB502,14,14 3. Provide tenants with a form developed by the department by rule on which tenants may list the ages of any children under age 6 residing in the rental or leased dwelling.

SB502,14,16 4. Inform tenants of how they may report any changes to the information provided in the form.

SB502,14,25 (c) Training maintenance staff. For a rental or leased dwelling, at a minimum, require the person responsible for maintenance to complete an 8-hour training course that provides basic information on lead-bearing paint hazards and good practices for operations and maintenance and interim controls. The person responsible for maintenance shall ensure that maintenance workers either complete the 8-hour training course or have a clear understanding of lead-bearing paint hazards, unsafe work practices, occupant protection and methods for cleaning areas where dust with lead may be present. The person responsible for maintenance shall provide adequate oversight of workers who have not taken the training course.

SB502,15,3 (d) Safe work practices. In performing any repair or remodeling, including repairs required under par. (a) 2., follow the safe work practices and avoid the unsafe work practices established by the department by rule under s. 254.177 (1) (c) and (d).

SB502,15,7 (4) Response to notification of child with lead poisoning or lead exposure. (a) The owner of a dwelling who receives notification that a child under age 18 who resides in the dwelling has lead poisoning or lead exposure shall do all of the following:

SB502,15,9 1. Cooperate with department or local health department officials investigating the child's case under s. 254.166.

SB502,15,12 2. Take precautions to protect occupants and their belongings from exposure to lead in the course of lead hazard reduction in occupied dwellings, including temporary relocation of occupants and their belongings as necessary.

SB502,15,16 (b) No owner of a dwelling who receives notification that a child under age 18 who resides in the dwelling has lead poisoning or lead exposure may retaliate by seeking to evict the occupant, coercing the occupant to vacate the dwelling, raising the rent or turning off the utilities.

SB502,15,20 (5) Control of identified lead hazards. (a) Timing of hazard controls. If an inspection under s. 254.172 (1) or an assessment of a dwelling under sub. (2) indicates that the dwelling contains a lead hazard, the owner shall control the lead hazard as follows:

SB502,15,25 1. For an interior lead hazard in a dwelling or unit for which the owner receives a form under sub. (3) (b) indicating that a child under age 6 is a resident, the hazard shall be controlled as soon as possible but no later than 30 days from the date of the inspector's or assessor's report. In other dwellings or units, the owner shall make repairs no later than at the time of unit occupant turnover.

SB502,16,4 2. For a lead hazard in an interior common area of a multifamily dwelling known to be occupied or frequented by a child under age 6, the hazard shall be controlled as soon as possible but no later than 30 days from the date of the inspector's or assessor's report.

SB502,16,8 3. For a lead hazard on an exterior porch, the hazard shall be controlled as soon as possible but no later than 30 days from the date of the inspector's or assessor's report, except that, for hazards discovered between October 1 and May 1, the hazard shall be controlled no later than the following June 1.

SB502,16,12 4. For exterior lead hazards other than those under subd. 3., as soon as possible but no later than 60 days from the date of the inspector's or assessor's report, except that, for hazards discovered between October 1 and May 1, the hazard shall be controlled no later than the following June 1.

SB502,16,16 (b) Hazard control options. The owner shall control a lead hazard in the manner that the owner determines is most appropriate using interim control activities or lead hazard abatement, or a combination of them, unless one of the following conditions exists:

SB502,16,18 1. The inspector's or assessor's report indicates that interim controls are inappropriate.

SB502,16,20 2. Interim controls on a surface or component have twice failed to reduce the lead hazard.

SB502,16,22 3. The department, the local health department or a court has ordered the lead hazard to be abated, as defined by the department by rule.

SB502,16,24 (c) Work practices. The owner shall avoid unsafe practices and follow the safe work practices established by the department by rule under s. 254.177 (1) (c).