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AB806-engrossed, s. 20 15Section 20. 254.17 of the statutes is repealed.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:
AB806-engrossed,15,2219 1. Authorization for the certificate of lead-free status to remain in effect unless
20revoked because of erroneous issuance or because the premises, dwelling or unit of
21the dwelling is not free of lead-bearing paint. The rules shall specify that the face
22of the certificate shall indicate that the certificate is valid unless revoked.
AB806-engrossed,16,623 2. The standards limiting the length of validity of a certificate of lead-safe
24status, including the condition of a premises, dwelling or unit of a dwelling, the type
25of lead hazard reduction activity that was performed, if any, and any other

1requirements that must be met to maintain certification, unless the certificate is
2earlier revoked because of erroneous issuance or because the premises, dwelling or
3unit of the dwelling is not safe from lead-bearing paint hazards. The rules shall
4specify that the face of the certificate shall indicate the certificate's length of validity.
5The rules shall further specify that applications for certificates of lead-safe status
6for identical premises may be made only as follows:
AB806-engrossed,16,107 a. A person may apply for no more than 2 successive certificates of lead-safe
8status that have a duration of less than 12 months and, if again applying for a
9certificate of lead-safe status, shall apply for a certificate that has a duration of 12
10months or more.
AB806-engrossed,16,1411 b. A person to whom subd. 2. a. applies shall, if applying for a certificate of
12lead-safe status that is additional to the certificates specified in subd. 2. a. and that
13has a duration of less than 12 months, provide the department with a reason for the
14necessity for issuance of a certificate of that duration.
AB806-engrossed,16,1815 c. A person to whom subd. 2. a. and b. applies shall, if applying for a certificate
16of lead-safe status that is additional to the certificates specified in subd. 2. a. and b.
17and that has a duration of less than 12 months, provide the department with clear
18and convincing evidence of the necessity for issuance of a certificate of that duration.
AB806-engrossed,16,2119 (d) A mechanism for creating a registry of all premises, dwellings or units of
20dwellings for which a certificate of lead-free status or a certificate of lead-safe status
21is issued.
AB806-engrossed,17,222 (e) The requirements for a course of up to 16 hours that a property owner or his
23or her employe or agent may complete in order to receive certification of completion
24and the scope of the lead investigation and lead hazard reduction activities that the

1owner, employe or agent may perform following certification, to the extent consistent
2with federal law.
AB806-engrossed,17,5 3(2) By January 1, 2003, and every 2 years thereafter, the department shall
4review the rules under sub. (1) and shall promulgate changes to the rules if necessary
5in order to maintain consistency with federal law.
AB806-engrossed,17,9 6(3) Subject to s. 254.174, the department may promulgate rules that set forth
7safe work practices that shall be followed in the demolition of a building constructed
8before January 1, 1978, to avoid exposure by persons to lead hazards in the area of
9the demolition.
AB806-engrossed, s. 28 10Section 28. 254.18 of the statutes is created to read:
AB806-engrossed,17,15 11254.18 Lead hazard reduction in dwellings and premises. Sampling or
12testing of dwellings, units of dwellings or premises for the presence of lead-bearing
13paint or a lead hazard is not required before lead hazard reduction activities are
14conducted if the presence of lead-bearing paint or a lead hazard is assumed and the
15lead hazard reduction activities are performed in a lead-safe manner.
AB806-engrossed, s. 29 16Section 29. 254.181 of the statutes is created to read:
AB806-engrossed,17,22 17254.181 Certificate of lead-free status and certificate of lead-safe
18status; fees and notification. (1)
The department may impose a fee of $50 for
19issuance of a certificate of lead-free status and a fee of $25 for issuance of a certificate
20of lead-safe status. Fees under this section may not exceed actual costs of issuance
21and of maintaining the registry under s. 254.179 (1) (d). The department shall review
22the fees every 2 years and adjust the fees to reflect the actual costs.
AB806-engrossed,17,25 23(2) The department shall, at least quarterly, notify a local health department
24concerning issuance of certificates of lead-free status and certificates of lead-safe
25status in the area of jurisdiction of the local health department.
AB806-engrossed, s. 30
1Section 30. 254.182 of the statutes is created to read:
AB806-engrossed,18,6 2254.182 Repayment to general fund. The secretary of administration shall
3transfer from the appropriation account under s. 20.435 (1) (gm) to the general fund
4the amount of $735,000 when the secretary of administration determines that
5program revenues from fees imposed under ss. 254.176 (3) (e) and (4), 254.178 (2) (d)
6and 254.181 are sufficient to make the transfer.
AB806-engrossed, s. 31 7Section 31. 901.055 of the statutes is created to read:
AB806-engrossed,18,12 8901.055 Admissibility of results of dust testing for the presence of lead.
9The results of a test for the presence of lead in dust are not admissible during the
10course of a civil or criminal action or proceeding or an administrative proceeding
11unless the test was conducted by a person certified for this purpose by the
12department of health and family services.
AB806-engrossed, s. 32 13Section 32 . Nonstatutory provisions.
AB806-engrossed,18,2214 (1) Rules concerning lead for dwellings, units of dwellings and premises.
15T
he department of health and family services shall submit in proposed form the rules
16required under section 254.179 (1) of the statutes, as created by this act, to the
17legislative council staff under section 227.15 (1) of the statutes no later than the first
18day of the 7th month beginning after the effective date of this paragraph. In
19submitting the rules, the department shall include a summary of the differences
20between standards under the rules proposed to meet the requirement of section
21254.179 (1) (a) of the statutes, as created by this act, and standards under a similar
22ordinance of a 1st class city.
AB806-engrossed,19,1623 (2) Supplement for registry of lead-free or lead-safe properties. The
24department of health and family services may request the joint committee on finance
25to supplement, from the appropriation account under section 20.865 (4) (a) of the

1statutes, the appropriation account under section 20.435 (1) (a) of the statutes, to pay
2initial costs of establishing under section 254.179 (1) (d) of the statutes, as created
3by this act, a registry of properties that are issued certificates of lead-free status or
4certificates of lead-safe status. If the department of health and family services
5requests supplementation of the appropriation account under section 20.435 (1) (a)
6of the statutes, the department shall submit a plan to the joint committee on finance
7to expend not more than $520,000 for fiscal year 2000-01. If the cochairpersons of
8the committee do not notify the secretary of the department within 14 working days
9after the date of the department's submittal that the committee intends to schedule
10a meeting to review the request, the appropriation account shall be supplemented
11as provided in the request. If, within 14 working days after the date of the
12department's submittal, the cochairpersons of the committee notify the secretary of
13the department that the committee intends to schedule a meeting to review the
14request, the appropriation account shall be supplemented only as approved by the
15committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the committee
16is not required to find that an emergency exists.
AB806-engrossed,19,2317 (3) Registry of lead-free and lead-safe properties; limitation on funding.
18Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information
19under section 16.42 of the statutes for purposes of the 2001-2003 biennial budget
20bill, the department of health and family services shall submit information
21concerning the appropriation under section 20.435 (1) (a) of the statutes as though
22any supplementation, under Section 32 (2) of this act, of the dollar amount of that
23appropriation had not been made.
AB806-engrossed,20,424 (4) Lead paint hazard reduction; limitation on funding. Notwithstanding
25section 16.42 (1) (e) of the statutes, in submitting information under section 16.42

1of the statutes for purposes of the 2001-2003 biennial budget bill, the department
2of health and family services shall submit information concerning the appropriation
3under section 20.435 (1) (a) of the statutes as though the increase in the dollar
4amount of that appropriation by Section 33 (1 ) of this act had not been made.
AB806-engrossed,20,95 (5) Lead paint hazards outreach and abatement. In submitting information
6under section 16.42 (1) of the statutes for purposes of the 2001-2003 biennial budget
7bill, the department of health and family services shall submit a proposal, including
8a request for additional funding, to conduct lead paint hazards outreach and
9abatement activities.
AB806-engrossed,20,1410 (6) Rehabilitation of rental property for low-income persons. In submitting
11information under section 16.42 (1) of the statutes for purposes of the 2001-2003
12biennial budget bill, the Wisconsin housing and economic development authority
13shall submit a proposal for lead hazard reduction activities for and rehabilitation of
14rental property for low-income persons in Wisconsin.
AB806-engrossed,21,215 (7) Allocation of oil overcharge funds to energy programs.
16Notwithstanding section 14.065 of the statutes, the secretary of administration shall
17allocate all oil overcharge restitution funds and all accruing interest earnings on
18those funds under section 20.505 (1) (md) of the statutes that are not approved for
19expenditure on the effective date of this subsection, for reduction of lead paint
20hazards in dwellings that is done to allow for and in conjunction with energy
21conservation activities in rental properties owned by persons who seek a certificate
22of lead-free status, as defined in section 254.11 (4g) of the statutes, as created by this
23act, or a certificate of lead-safe status, as defined in section 254.11 (4h) of the
24statutes, as created by this act. In awarding moneys under this subsection, the

1department of administration shall give priority to projects that emphasize
2comprehensive lead removal plans for rental properties.
AB806-engrossed,21,153 (8) Report on liability insurance for lead paint hazards. The office of the
4commissioner of insurance shall review the cost and availability of insurance in the
5private market that provides residential property owners with liability coverage for
6lead-bearing paint hazards. On the basis of the review, the office shall, no later than
7October 1, 2002, prepare and submit to the appropriate standing committees of the
8legislature in the manner provided under section 13.172 (3) of the statutes a report
9on whether such insurance is sufficiently affordable and sufficiently available in the
10private insurance market. If the office determines and provides in its report that
11such insurance is not either sufficiently affordable or sufficiently available in the
12private insurance market, the office shall submit drafting instructions to the
13legislative reference bureau for proposed legislation to create a state residential lead
14liability fund and shall include such proposed legislation in its 2003-05 biennial
15budget request under section 16.42 of the statutes.
AB806-engrossed, s. 33 16Section 33 . Appropriation changes.
AB806-engrossed,21,2317 (1) Certification for performance of lead paint hazard reduction. In the
18schedule under section 20.005 (3) of the statutes for the appropriation to the
19department of health and family services under section 20.435 (1) (a) of the statutes,
20as affected by the acts of 1999, the dollar amount is increased by $215,000 for fiscal
21year 2000-01 to increase the authorized FTE positions for the department by 5.0
22positions on January 1, 2001, and to provide supporting costs to perform certification
23for performance of lead paint hazard reduction.
AB806-engrossed,22,524 (2) Supplement for registry of lead-free or lead-safe properties. In the
25schedule under section 20.005 (3) of the statutes for the appropriation to the joint

1committee on finance under section 20.865 (4) (a) of the statutes, as affected by the
2acts of 1999, the dollar amount is increased by $520,000 for fiscal year 2000-01 to
3increase funding to provide payment for initial costs of establishing a registry of
4properties that are issued certificates of lead-free status or certificates of lead-safe
5status.
AB806-engrossed, s. 34 6Section 34 . Initial applicability.
AB806-engrossed,22,97 (1) Immunity from liability for lead poisoning or lead exposure. The
8treatment of section 254.173 of the statutes first applies to lead poisoning or lead
9exposure that occurs on the effective date of this subsection.
AB806-engrossed, s. 35 10Section 35. Effective dates. This act takes effect on the day after publication,
11except as follows:
AB806-engrossed,22,1512 (1) The treatment of sections 254.11 (8d), 254.166 (2) (c) and (e), 254.172,
13254.173 and 901.055 of the statutes, the creation of section 254.166 (2) (c) 2. and 3.
14of the statutes and Section 34 (1) of this act take effect on the first day of the 16th
15month beginning after publication.
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