Correspondence from Oshiro et al. to Perkins

    VEL: Apr 03,91 16:59 No .003 P.01 

  

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 University of San Dicgo 7? 

Center for Public Interest Law : Robert C. Fellmeth, Director 

  

DATE: {ls | 9! 
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FROM: CARL OSHIRO 
ELLEN WIDESS 
RANDY REITER 
MICHELE NICOLAY 
CENTER FOR PUBLIC INTEREST LAW 
SAN FRANCISCO OFFICE 

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Apr 04,91 11:26 No .001:P.02 

CALIFORNIA LEGISLATURE.--1991-92 REGULAR SESSION 

O ASSEMBLY BILL eh No. 1639 
    

  

Introduced by Asscinbly Member Speier 

& March 8, 1991 

  A do wo Be nd 
  

An act to add Article 4 (commencing with Section 32240) 
to Chapter 2 of Part 19 of the Iducation Cade, relating to lead 
poisoning. 

LEGISLATIVE COUNSEL'S DIGEST 
AB 1639, as introduced, Speier. School lead sampling. 
Existing law makes no provision for the operation of a 

program to determine the presence of lead in the public 
schools. 

This bill would direct the State Department of Health 
Services to conduct a sample survey throughout the state of 
public elementary schools, public preschools, and public day 
care facilities having a significant level of enrollment in order 
to develop an estimate of the level of lead contamination in 
those schools and facilities. The bill would require the 
department to convey the results of that survey, together 
with any recommendations of the department, to the 
Legislature. 

The bill also would direct the department to make 
recommendations to the State Department of Education, 
based on the results of the survey, on the feasibility and 
necessity of conducting statewide lead testi batement 
in the schools, to develop environmental lead testing methods 
and standards for use by schools and contractors to ensure the 
scientific integrity of results, as specified, and, together with 
the State Department of Education, to establish guidelines for 
the training of contractors in methods of conducting 
environmental léad testing and abatement. The bill would 

: require the State Department of Education to administer a 

  

  

    

   



Apr 03,91 16:59 No.003 P.02 

AB 1659 —D — 

program to train and certify contractors to conduct that | 
testing and abatement. 

Vote: majority. Appropriation: no. Fiscal committee: yes. 
State-mandated local program: no. 

The people of the State of California do enact as follows: 

SECTION 1. ‘The Legislature finds and declares as | 9 
follows: 

(4) Lead poisoning is preventable. 
(b) Health officials estimate that between 3,000,000 

and 6,000,000 individuals in the United States, of which 

50,000 are in California, have enough lead in their bodies 

to lower their intelligence quotients, affect their nervous 
systems and behavior, and stunt growth. 

(¢) In California, 90 percent of all lead in the air comes 
from automobile exhaust. 

(d) Lead is the only toxic substance to which we 
knowingly allow our children to be exposed at a level that 
exceeds the lowest observed adverse affect level. 

(¢) Any house or other structure built before 1977, 

when leaded puint was banned, is potentially dangerous. 
One chip of a 50 percent lead paint manufactured before 
1940 cun cause permanent brain or kidney damage. 

(f) Children are at greater risk to lead poisoning than 
adults because they absorb 50 percent of the lead they eat 
or breathe, compared to 10 percent in adults. Also, 
children are more likely to come into contact with lead, 
either by playing in contaminated dirt or by eating old 
paint. 

(g) Poor children are at greater risk because they 
absorb more lead as a result of substandard nutrition. In 

addition, they lend to live in old, ill-maintained homes 
where lead paint chips abound, or near freeways or other 
sources of lead. 

(h) The toxic properties of virtually no other 

substance have been studied us extensively as those of 

lead. Lead provides no known physiological or metabolic 
benefit, and adversely affects many organs and metabolic 
functions. The primary target organ for lead toxicity is 

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AB 1659 

the brain, or central nervous system, and the effects are 
especially damaging during carly childhood 
development. : 

(i) Approximately 250,000 children under the age of 6 
years live in California census tracts in which 60 percent 
or more of the housing was built before 1950, The number 
of children at that level of risk could be even greater over 
time, since lead-based paint and soil contamination 
remain exposure sources for successive generations that 
occupy the house. 

(§) Lead affects different people in different ways, 

depending on such variables as nutrition, general health, 

and sociceconomic status. The health cffects of lead, ut 
varying concentrations, are set forth in the following 

chart: 

Lead in Blood 
(parts per million) Effects 

10-15 Slow cognitive development 
Toss of LQ. 
Premature birth, low birth weight 
Slow growth up lo 7 years old 
Inhibited blood forming enzyme 

15-20 Impaired vitamin metabolism 
Inhibited blood production 

up to 25 Lower 1.Q. 
Slow reaction time 
Irritability 
Sleep disturbances 
Constipation 

30-40 Impaired nerve function 
Anemia 

40 and above Brain and nerve damagc 
Reproductive failurc 
Kidney impairment 
High blood pressure 

Apr 03,91 
   

     

   

   

    

   
   

    

   

    

   

    

   

      

   

   

  

   
   

      

     16:58 No ,0D3 Pp OF



    

   

   
.003 P.04 

    
TEL aE : Apr 03,91 16:53 No 

   

    

  

   

  

   

          

   

                

   
    

        

    

AB 1659 a. Ra 

1 70 Severe anemia y 
2 Numbing fingers and toes 
3 Inability to grip 
4 

5 80-100 Brain damage 
6 Liver/kidney failure 

7 | 
8 SEC.2. Article 4 (commencing with Section 32240) is 
9 added to Chapter 2 of Part 19 of the Fducation Code, to 

10 read: 

12 Article 4. Leud-l'ree Schools Protection Act 

14 32240. This act shall be known, and may be cited, as 
13 the ‘Lead-Free Schools Protection Act. 
16 32241. The State Department of [Health Services shall 
17 conduct a sample survey in schools jn this state for the 
18 purpose of developing an estimate of the level of lead 
19 contamination in schools TirsGghout the state. ‘Sthools,’ 
20 for thc purposes of this aa “shall include public & 
21 clementary schools, public preschools, and public day 
22 care facilities having a significant level of enrollment. 

The survey shall test schools that are located in target 23 
24 areas that arc representative of the population of the 
25 Wives gr 4 he i paint is likely to have been & 
26 used, including, but not limited to, San Francisco County, 
27 Alameda County, J.0s Angeles Cr Th Te, 
28 County. The schools to be tested shall be selected on the 
29 basis of location in relation to high-risk areas, age of the 
30 or aroun 
31 
32 
33 
34 
35 

  

  

  

  

  

  

facility, and the recorded use of lead paint in 
the Tacility. 

322432. The department shall do all of the following: 
(a) Design a strategy for testing schools that will result oO 

in the identification of thc characteristics of high-risk 
schools and provide a basis for statewide estimates of Lhe 

36 presence of lead in schools. - 
37 (b) Conduct a survey, as described in Section 32241. 
38 The survey shall seek to determine the extent of lead 
39 exposure to children by testing paint on the school, soil 
40 in play arcas at the school, drinking water, and other | 

    

 



  

     
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TEL : | Apr 03,91 17:01 No.003 P.0S     

    

   

                                

     

w—13 w— AB 1659 

potential sources identified by the department for this 
purpose. The department shall compile the results of that 
survey and report thosc results to the Legislature, 
together with its recommendation, if any, for the 
abatement of lead hazards in the schools. 

(c) Compile and summarize survey results. 
(d) Make recommendations to the State Department 

of Education, based on the results of thc survey, on the 
feasibility and necessity of conducting statewide cad 
testing and abatement in the public schools. 

(e) As deemed necessary and appropriate in view of 
the survey results, develop environmental Jead testing 
methods and standards to ensure the scientific integrity 
of results; for use by schools and contractors designated 
by schools for that purpose. 

(f) Together with the State Department of Education, 
establish guidelines for the training of contractors in 
methods of conducting environmental lead testing and 
abatement. The State Department of Education shall 
administer a program to train and certify contractors to 
conduct that testing and abatement. 

32243. It is the intent of the Legislature that the 
program of environmental lead testing and abatement 
provided for by this article be conducted throughout the 
state if the results of the survey required under this [| “ye, 
article indicate that a significant hazard exists for | ‘% % EA 
children enrolled at the schools tested under the survey. “, 

  

  

  

 



  

TEL: Apr 03,91 17:01 No.003 P.0O6 

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ENVIRONMENTAL SAFETY AND 

= California Legislature a, 
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STATE CAPTOL 

DATs IAYI N OF 

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SACRAMENTO CA D4 249000! : 

NATURAL RESOURCES 

(D161 45-2484 
@EVENUE AND TATANION     LLOYD G. CONNELLY 

MEMBER OF THE LEGISLATURE 

BIXTH ASSEMBLY DISTRICT 

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Today's Date Aum QR -G) Time Ud. 20D Aner) : 

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Address 

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The following document consists of i pages, including 
this cover sheet, 

1£f entire document is not recaived, please call sender at 
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ERA RARARKA RRA RARARARA RRR ANARARARRARA AA ARRAS RARAN RRA ARRAN ARANRAALK 

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TEL: Apr 03,91 17:01 No.003 P.O? 
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io 2058 LORLPIIS! QVC face 

SECTION 1. The Legislature finds and declares as follows: 

  

(1) Whereas prior legislation was passed in 1386 (Chapter 

481, Statutes of 1986) creating the Childhood Lead Prevention 

Poisoning Program (CLPPP) within tha California Department of 

Health Services, which reported to the Legislature their findings 

and recommendations for the future prevention of childhood lead 

poisoning in California, including, but not limited to, the 

following: ; 

(a) Children, because of differences in metabolism and 

excretion of lead, are intrinsically more vulnerable to lead 

toxicity than are adults. 

(b) Exposure to even low levels of lead can result in brain 

damage and behavior problems that seriously hamper a child's 

performance in school. 

(c) BSovere lead poisoning can result in cerebral palsy, 

mental retardation and lose of muscle control. 

(d) Ingastion of lead-based paint chips (which can contain as 

much ag 40 percent lead), load-contaminated dust and soil, and 

water contaminated by lead solder in older plumbing continue to be 

sources of severe lead poisoning in children. 

(0) Lead in soil and dust is primarily derived from lead 

paint on houses, automobile exhaust from leaded gasoline, and 

industrial emissions. 

(£) Although leaded gasoline use is restricted, there are 

still a large number of motor vehicles that use it. In addition, 

lead deposited in the environment from past leaded gasoline use is 

 



Apr 03,91 17:02 No .003 7.08 

still present. 

(g) Hand~to-mouth exposure is the primary cause of excessive 

lead accumulation in children. Thic exposure is exacerbated by 

the pronounced hand-to-mouth behavior of infants and toddlers. 

(2) Therefore it shall be the goal of the State of California 

to screen all children for lead poisoning, once at age 12 months 
TE ei a PT Ap ———————— = 

  

and again at 24 months. 

SEC. 2. Article 4.6 (commencing with Section 372) is added 

to Chapter 2 of Part 1 of Division 1 of the Health and Safety 

Code, to read 

Article 4.6 Childhood Lead Poisoning 

379. This article shall be known and may be cited as the 

Childhood Lead Poisoning and Pravention Act of 1991. 

372.1. (4) Beginning January 1, 1993, the Child Health and 

Disability Prevention Program article 3.4 (commencing with 

    — — 
section 320)] shall requize community child health and disability 

ra 

prevention programs to conduct &creaening for blood lead levels of 
  

  

  

children eligible for the program, once at the age of 12 months, 
    nd 

and again at the age of 24 monthe as part of each child’ e health 

asseesment, as defined in Saction 6846 of Title 17 of the 

-— —- 

  
  
  

  

  

California Code of Regulation. 

(b) Beginning January 1, 1993, a child with lead poisoning 

ghall be considered a handicapped child for purposes of the 
   



Apr 03,91 17:03 No.O03 P.,08 

California Children's Services Program [Article 2 (commencing with 

Section 248)), and the California Children's Services Program 

shall provide appropriate followup health care for childrem with 

lead poisoning who meet the standards of financial eligibility. 

(c) The statc Department of llealth 8ervices, by January 1, 

1993, shall promulgate regulations to ensure that those children 

who are not eligible for health ausesements provided by community 

child health and disability prevention programs are screened for 

blood lead levels, once at the age of 12 months, and again at the 

abe of 24 months, and, to the extent possible, shall receive 

appropriate followup health care. 

(d) Blood lead screening of a child shall not be required if 

the parent, guardian or heslth care provider believes such a test 

is either not neceseary or not wanted. 

372.2. On or before Janwary 1, 1993, the state department 

shall have broad regulatory authority to specify the testing and 

reporting protocol to ba utilized in screening for blood lead 

lavels for purposes of this article, including but not limited to 

the followings 

(a) The testing protocol shall requira a blood lead test. 
my, 

  

(b) The state department shall have the authority to 

designate regional laboratories for analyzing the blood lead 

specimens and shall promulgate regulations to promote the accuracy 

of blood lead test results. 

(c) All blood lead level results shall be reported to the 

state department and local health departments in the regions where 

these children live.  



TEL: Rpr 03,91 17:03: No .003 P.10 

  

(d) The state department shall promulgate regulations to 

directly reimburse laboratories for blood lead analysis. 

372.3. (a) The state department shall provide information to 

physicians and surgeons regarding the protocol to be utilized in 

screening for blood lead levels, and the appropriate followup 

health care for lead poisoning. 

(1) "Blood lead poisoning" shall be defined as a disease 

present when the concentration of lead in whole venous blood 

reaches or exceeds levels constituting a health risk as specified 
{ 

in the most recent Center for Disease Control (CDC) guidelines for 

a 
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- 
—
—
 

lead poisoning. 

(2) “Appropriato followup health care for lead poisoning" 

shall be defined as the medical treatment necessary to reduce the 

amount of lead in whole venous blood to an acceptable level, as 

\ defined by CDC guidelines. 

372.4. The state department, through its own offices, or by 

contracting with local health departmente shall: 

(a) In the case of a child diagnosed with lead poisoning, 

provide information to the parent or guardian of the child 

regarding the sources of lead poisoning and how to pravent further 

exposure. 

(b) In the case of a child diagnosed with high levels of lead 

poisoning, as defined by the state department, conduct 

anvironmental testing to determine the source of the lead 

poisoning. 

372.5, (a) On or before July 1, 1992, the atate dapartment 

shall establish a fee schedule which assesses a fee upon and 

 



TEL: Rpr 03,91 17:04 No.003 P.11 

  

collacte the assessed fees on the manufacturers of products found 

to contribute te lead-centamination in the environment, including 

but not limited to the following: 

(1) Manufacturers of housshold paint sold in California. A 
tt -— 

manufacturer who can prove to the satisfaction of the state 

    

department that it has never manufactured or sold lead-based paint 

in California shall not be required to pay a fee. 

(2) Manufacturers of leaded gasclinc sold in California. 
Co —————— 

— 

(3) Lead smelters 
lamar 

(b) The fees established pursuant to subdivision (a) shall be 

3+ A solely for the purpose of paying costs necessary to implcment this 

Wo article, based upon the state department's reasonable anticipated 

costs of implementing this article. The fee schedule shall 

provide for the recovery of all costs of implementing this 

article, The total annual cost of this act shall not exceed §16 

million. 

SEC. 3. Section 1367.67 is added to the Health and Safety 

Code, to read: 

1367.67. On and after January 1, 1993, every health care 

service plan contract which is issued, amended, or renewed that 

covers hospital, medical, or surgical expenses shall cover 

screening for blood lead levels as required by Section 372.2. 

SEC. 4. Section 10119.8 is added to the Insurance Code, to 

read: | 

10119.8. On and after January 1, 19%3, every insurer 

issuing, amending, or renewing a policy of individual or group 

disability insurance that covers hospital, medical, or surgical 

 



IEL: Apr 03,91 17:04 No.QO3 P.12 

 MAR-8S-'D@2 B1:2g ID: TEL NO: SE ees pap 

  

expensas shall cover screening for bleod lead levels as required 

by Section 372,2 of the Health and Safety Code. 

SEC. 5. Section 11512,35 is added te the Tnaurance Code, to 

reads 

11512.,35. On and after January 1, 1993, every NONprOtLS 

hospital service plan contract which is issued, amended, of 

renewed that covers hospital, medical, or surgical expenses shall 

cover screening for blood lead levels as required by Section 372.2 

of the Health and Safety Code, 

SEC. 6. No reimbursement is required by this act pursuant to 

section 6 of Article XIII B of the California Constitutien for 

those coste which may be incurred by a local agency or school 

district will be incurrad because this act creates a new ¢rime or 

infraction, changes the definition of a crime or infraction, 

changee the penalty for a crime or infraction, or eliminates a 

crime or infraction. 

However, notwithstanding Section 17610 of the Government 

Code, if the Commission on State Mandates determines that this act 

contains other costs mandatad by the state, reimbursement to local 

agencies and school districts for those costs shall be made 

pursuant to Part 7 (commencing with Section 17500) of Division 4 

of Title 2 of the Government Code, If the statewide coat of the 

claim for reimbursement does not exceed ona million dollars 

($1,000,000), reimbursement shall be made from Section 17580 of 

the Government Code, unless otherwise specified in this act, the 

provisions of this act shall become operative on the same date 

that the act takes effect pursuant to the California Constitution. 

END