Memo from Perkins to Counsel; from Perkins and Card to Matthews File
Correspondence
March 28, 1991

15 pages
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Case Files, Matthews v. Kizer Hardbacks. Memo from Perkins to Counsel; from Perkins and Card to Matthews File, 1991. 46ed9c23-5d40-f011-b4cb-7c1e5267c7b6. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/e3978b9d-f158-4114-973c-0da377bd4ce0/memo-from-perkins-to-counsel-from-perkins-and-card-to-matthews-file. Accessed July 20, 2025.
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National Health Law Program, Inc. i? }| MAIN OFFICE La viphega Boulevard Los Angeles California 90034 RACGP LEG Memo 4 £1 | i Stregt, N.W Suite 705 (202) 887-5310 To: Joel Reynolds, Bill Lee, Kim Card, Susan Spelletich, Fax# (202) 785-6792 Mark Rosenbaum From: Jane Perkins?” Date: March 28, 1991 Re: Matthews co-counsel meeting and client declarations eer Ee Gm GE Sen Gre GEE Sn Gun GUS SND TEP SNS VNR CHS Gen GE GME GEE GMS GEG GN GNF SED SMD SES GHP Gh ENE GeO GWE SEE GEE GEN GER TED GEE GEV GIS GRD SEM SU GHG GES SNE SES GES GHG ME SNE GHA Gm SED GEL GER Sub GES Gen Gomes ee Unfortunately, the meeting scheduled for March 27th did not come off. We should reschedule a meeting, and I will have Val call around to get agreeable dates from everyone. Kim and I have developed the attached list of questions for class certification (and other) declarations. Will you please review this list and contact me if you have additional questions that should be asked? Judge Lynch hears motions every Friday at 10:30 am. I would like to schedule the class certification motion for May 31st. (Remember that this motion will probably never be heard; rather, we will probably stipulate to a class once our opening papers are filed.) The State’s second round of discovery is due April 26th. Putting all of this together, we need to have our declarations for class certification finalized by April 26th. Legal Aid in Oakland was going to be responsible for putting together a declaration from PUEBLO and for obtaining individual declarations from PUEBLO members. I seem to recall that Joel was going to handle Lisa Matthews. If this is incorrect, 1let’s discuss. On another front, there is some state legislative activity on this issue. Kim sent me copies of bills introduced by Assembly Members Lee and Connelly. We obviously need to get a handle on this and not let anything possibility negative about it get out of hand. Let’s discuss this at the next meeting. FUNDED BY THE LEGAL SERVICES CORPORATION a National Health Law Program, Inc. MAIN OFFICE 2639 South La Cienega Boulevard Los Angeles, California 90034 (213) 204-6010 Fax #: (213) 204-0891 BRANCH OFFICE 1815 H. Street, N.W Suite 705 Washington, D.C. 20006 (202) 887-5310 Fax #: (202) 785-6792 Memo To: Matthews File From: Jane Perkins/Kim Card Date: March 28, 1991 Re: Class certification declarations -- client questionnaire Listed below are suggested areas of investigation when interviewing clients for declarations. Of course, if the areas do not pan out, do not include them in the declaration. INTRODUCTION 1. Name of declarant 2. Residence, including street address, city, county 3. Bthnic group 4. Names of children, including ages 5. Monthly income and source of income MEDI-CAL STATUS 6. Do parent(s) receive Medi-Cal? 7. Are children on Medi-Cal? 8. Do the children have a regular Medi-Cal participating primary care provider? RISK FACTORS 9. Description of the present and, where appropriate previous, residence public housing? constructed using pre-1977 interior and/or exterior paint? if built before 1977, has the building been repainted without abatement? near a freeway? do you know if your neighborhood has any areas contaminated by lead? 10. Occupations of parents smelter, battery, auto mechanic, paint removal, building demolition, renovation of housing? FUNDED BY THE LEGAL SERVICES CORPORATION 2 Matthews declaration March 28, 1991 Page 2 11. Toddlers exhibit "pica behavior" i.e., compulsive eating, mouthing of non-food items? 12. Use of folk remedies or imported goods If Hispanic -- azarcon, greta? If Asian or Middle Eastern -- imported cosmetics on children or imported ceramic pottery? 13. Description of children complain of headaches, irritability, tiredness, lack of appetite, stomachaches, sleep for long periods of time? hyperactive, decreased intelligence (IQ), reading disability, speech impairments, deficient motor skills, behavior problems in school, poor attention span, kidney problems, cancer? EPSDT INFORMATION 14. Enrollment ever heard of a program called the Child Health and Disability Prevention Program? when, from whom? ever heard of a program called the Early and Periodic Screening Diagnosis and Treatment Program? when, from whom? ever received any written materials regarding lead poisoning, either from the Department of Health Services, the county, from your doctor(s), or from others? Are the children enrolled in the CHDP or EPSDT Program? Have children ever received a CHDP screen? When (it should have been within the last year)? What happened during the screen? Was any condition diagnosed? Was there any follow-up treatment? Was there a referral? How was the treatment paid for? Matthews declaration March 28, 1991 Page 3 15. Lead blood screening During the CHDP screen, were you told of right to receive a lead blood level assessment? Was this assessment explained to you? Did a doctor ask you questions about the possibility of lead exposure? Was a test for lead poisoning performed? Were the results of the test transmitted to the recipient, explained to the recipient? 16. Treatment Right to receive treatment for elevated lead blood levels explained during the CHDP screen? Treatment for lead blood poisoning received through Medi-Cal? When? Where? What were the results? Was there any follow up? Treatment for elevated lead blood levels received through Medi-Cal? 17. No EPSDT/CHDP Screen If your children have never received a CHDP/EPSDT screen, have they ever had a general check-up, a physical examination or immunizations for school? If so, how were these services paid for? Did they take your Medi-Cal stickers? Were you billed? When were these services provided? Were lead poisoning and/or lead blood level assessments mentioned? Did the doctors ask questions about the possibility of lead exposure? Was a lead blood test provided? Were you billed? PUEBLO MEMBERS 18. Are you a member of PUEBLO? 19. Did you participate in the group trip to Children’ Hospital in July 1990? What happened? 20. Are you concerned about issues of lead poisoning? If so, why? MAR-27-'91 WED 12:31 [D:LEGAL RID UAKLAND Tel NO:1415-451-32500 on Nr hdd eb dololele chasse dabei uli Ss ls mig Wri %* LEGI-TECH BILL TEXT REPORT 03/22/91 * A PPP bere Te ly ro WRLIRERINE | LL ki ie dere ioddiinichinbiidnhibbidiieiid Introduced by Assembly Menber(Lee / March 8, 1991 An act to add Section 321.1 to the Health and Safety Code, relating to child health and disability prevention, and declaring the urgency thereof, to take effect immediately. - .. LEGISLASIVESQUNSEL'S DIGEST. i era ts AB 1979, as introduced, lee. child health and disability prevention: lead testing. Under existing law, the State Department of Health Services is he child health disability prevention program, ds for the approval of community child health nd rules and regulations, as necessary, f each county is required to establish a commun disability prevention program for nts of the health lan to amend and lit and periodic scre ir thelr Blood every year betwe the plan tL MUL -C 3 5 S1-30!- Kia T strategy to address the education and training needs of child health disability program early and periodic screening, diagnosis, and treatment providers regarding the detection and treatment of lead exposure. This bill would require the department to report to the Legislature within 90 days of the effective date of the bill on its plan. This bill would declare that it is to take effect immediately as an urgency statute. Vote: . Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: SECTION 1. Section 321.1 is added to the Health and Safety Code, to read: : 321.1. (a) The department shall research and formulate a plan to amend the California Code of Regulations to require child health and disability program providers to test all children eligible for early and periodic screening, diagnosis, and treatment for the levels of lead in their blood every year between the ages of one and five years of age. The plan formulated by the department shall also include a strategy to address the education and training needs of child health disability program early and periodic screening, diagnosis, and treatment providers regarding the detection and treatment of lead exposure. DELETED MATERIAL IS IN BRACKETS [). ADDED MATERIAL IS CAPITALIZED. MAR-27-"91 WED 12:32 ID:LEGAL AID OAKLAND TEL NO: 415-451-3296 TE ——— Pt — [| I Fi dobsta daiati teri a i Sh ib « LEGI-TECH BILL TEXT REPORT 03/22/91 * Eh rnissntseaaabARSAESEIREAA SAL AELREALRAR ARISEN IA ISERIES) 1001 3) - a 60 Gv OB ED 65 OF HE IB G5 mw. OF WS eS Sm oo an w= = ay WO UD DC ED IB GB UR CR A et a SP AR (b) The department shall report to the Legislature within 90 days of the effective date of this section on its plan developed pursuant to gubdivision (a). SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the constitution and shall go into immediate effect. The facts constituting the necessity are: Due to the health risks to children associated with lead exposure, it is necessary for this act to take effect immediately. : a . oe C O N O R W N M 4 ected MAR-27='91 WED 12:32 ILLEGAL AID ORKLAND TEL NO:413-451-3255 He Pde » CN PT TL 1 13 1 TIAL I ALARA 3A © El bdbaited e LEGI-TECH BYLL TEX} REPORT al 1 4 le | FW ivepeanaesnss rr tt » | ER EE a § aseassansashintassuih arasasaeasennaseeeifgessagpadin e ved willl oN lan a aa cp tt i Sh i ts 0 US I 0 4 en 5 5 x 05 05 on 5 0 ae a GP ES Te Wo GB TD SO & = Ni pS : y: In CO - Ee fo ». IL; Ca v v : X. a iar. TH i 2 < 1 1 SIE gy os 2 3 Int rodu&Ei®y Assembly Me Connelly yy 4° March 8, 1991 S ig : Rl : oe) 6 An act to add Section 1367.67 to, to add Article 4.6 (commencing with 7 gectith 372) to Chapte of Part 1 ofifgsision 1 of, tha H i and 7} g safety Code, and to add Sections 10119.8 and 11512.35 to the Insurance 9 Code, relating to lead poisoning. : 12 13 AB 2038, as introduced, Con elly. Lead poisoning. 14 Under existing law, biG Sade Depa pt. af. Health Seruicas is 4 18 required to administer the Child Health Disa lity Preventic J#¥ rrogranm, 16 and adopt minimum standaxds.for the approval of community child healthey. ~~ 17 and disability prevention programs Bnd rules and regulations, as wir 18 necessary, and the governing board of each county or counties are 19 required to establish a community child health and disability prevention 20 program for the purpose of providing early and periodic assessments of 21 ,the health status of children in the county or counties. Under existing 22 law, the State Department of Health Servi 5 also required ®o voc. 23 establish and administer the California Children's Services Program for 24 physically defective or handicapped perscns under the age of 21 years, 25 the board of supervisors of each county is required to designate the 26 cofinty départment of public health or the county departilent of social 27 welfare as fhe Japioaced agency to administer the program, and the 28 department is {red "to establish uniform standards dP ¥inanc iat . gil 29 eligibility for treatment services under the program. 30 This bill would enact the childhged Lead Poisoning and Prevention Act s& 31 of 1991, which would require, beginning January 1, 1993, the Child Health Z A A Erb hiobifiaioble i oR btn TI es 33 mney prevention Program to require the community child health and 14 disability prevention programs to conduct screening for lead blood levels 35 of children eligible for the program once between thé ages of 9 and 12 36 months © : 94 wonths as part of each child's 37 health asses as defined, thereby creating a state-mandated local 38 program by Iuposifiy ERAICIONAT QUEISE OF CORRUAILY child health and. : 39 disabi revention programs 40 — This E11 also, beginning January 1, 1993, would require a child with 41 lead pelsoniny +o be considered a handicapped child for purposes of the 42 California Children's Services Program, and the california Children's 43 Services Program to provide appropriate followup health care for children 44 with lead poisoning who mee ards of financial eligibility, me. 45 thereby creating a state-mandated leccal program. 46 The bill would require, beginning January 1, 1993, a physician and 47 surgeon who provides ongoing medical care for a child who is not eligible 48 for health assessments provided by a community child health and 49 disability prevention program to conduct screening for lead blood levels 50 of the child, once between the ages of 9 and 12 months of age, and again Ze DELETED MATERIAL IS IN BRAC ADDED MATERIAL IS CAPITALIZED paige A *y rs “9 , MAR-27=" 31 WED 12:34 [D:LEGAL RID UAKLAND TEL NO:415-451-325¢ Hd PUY? - 3 > ; v : Hoe Ti re ) a , : X y, an GER EB cirasinnasvadirane TR IT EL) AhhhRddcbdongananannsapianaiaand drRadihes Co "% LEGI-TEUH BILL TEXT REPORT Radit i TRS 03/19/91 .*. Sah A. i ns ee abiatubudcubabel 2 ink as ) | SR AHN ' Eas 2 d J wn f i a 0 SS OS AR GM GA G3 G8 65 © 4X EF GF 4D GY Sp ww wr WH BD «> Ga we c= wm -f 4 i pi Fen nfasccovngmanamsa : hr So IN ~ ab cp Gif UW V5 TB TB 5 CS Se eH UD 0 en wo am. Pre we Go on 6 Le 1a. “ ‘4 at the age of 24 months, and to © also provide appropriate ap 2 followup health care for a child with lead poisoning. an The bill would require, on or before January“ 1, 1993, the department to develpp guidelines which specify fhe testing protocol to be utilized in screening for lead blood levels for purposes of the act, as _ prescri The bill would require the department to provide information wlay® ee dfs regarding the protocél tobe utilized in screening for lead bloed levels, and the appropriate followup health care for lead poisoning. It would also re ire each local health department reat the public regarding the requixg on ed thereby CE g a ndat ‘local program. . a ra 13 The bill, in the case of a child diagnosed with lead poisoning who 14 resides. ia.its.xegion, would requiss @-3ocal. health departmant Fagabvide er 18 information to the parent or guardian of the child regardin thd Sources 16 of lead poisoning 424 Bea to.greveny further exposure, and 2 the case g&. 17 a child diagnosed with high levels of lead poisoning who resides in its 18 region, would require a local health department to conduct environmental 19 testing, determined appropriate by the local health department, to 20 determine the source of the lead poisoning, thereby imposing a 21 state-mandated local progran. 22 °° The bill would require the department-~to establish a fee schedule 4 23 which assesses a fee upon and collects the asegessed fees from 24 manufactures of household paint and manufacturers of leaded gasoline sold 25 in California. It would provide that a manufacturer who can prove to the 26 satisfactiéfi"of the state department that it has never manufacturedessr 27 sold lead pased paint in california would not be required to pay a fee. folely £8¥“the puiffese’¥t paying costs necessary to 28 The fees a us 29 implement the above program based upon the state department's reasonable 30 anticipated costs of implementing the program. The fee schedule would be 31 required to provide for the recovery of all costs of implementing the 32 progran. : 33 The bill would require, on and after January 1, 1993, every health 34 care service plan contract and ev BIOLt hop errs plan 35 “contract which {8 tusuey, amended, or renewed, and x fnsurer issuing, 3% - ‘amending, OF renewing a policy of disability insurance, that covers 37 hospital, medical, of a expenses to cover screening Tor Iéad blood 38 1evels EE reqyitan DY UNE AroTe A rina program. bince a wiliTul 39 violation of thé héalth care service plan provisions is a misdemeanor or 40 a felony, this bill would impose a state-mandated local program by 41 changing the definition of a crime. 42 The California Constitution requires the state to reimburse local 43 agencies and school districts for certain costs mandated by the state. 44 ©Statutory provisions establish procedures for making that reimbursement, 45 including the creation of a State Mandates Claims Fund to pay the costs 46 of mandates which do not exceed $1,000,000 statewide and other procedures 47 for claims whose statewide costs exceed $1,000,000. 48 This bill would provide that for certain costs no reimbursement is 49 required by this act for a specified reason. However, this bill would 50 provide that, if the Commission on State Mandates determines that this Uh or gt A BR BE 7. "a 3 Chee See aay C CigadhR =. . S Cra * PE 5 7 a "og dal : Se Fi pre i F.0 vr AF Oe wt Eo) RP ——— ee MAR-Z7-'91 WED 12:35 ID:LEGAL RID OAKLAND TEL ND:415-451-3296 #706 POS mn WY gd #1 fF rnseeny : kkkkh kpdy ; - 3 ay ir S SB So Mr aw 0S OF WF WE WS ED GUD MP TE GD wr oe 0 En eb SS 8, 1 2 1 “Yratawide cost does not exceed $1,000,000, shall be made fom the State 4 Mandates Claims Fund. 2 5 vote mdfority. Appropr iat: no. Piscal committee: vy@s. & Y + 8 9 State-~ ated 1 1 program: . | = “@ yy toate The people of the State of california do enact as follows: commencing with Section 372) is added to : 12 Article 4.6. rad Poisoning 13 372. This article shall be known and may be cited as the Childhood iasning all Prevention A¢ 991 wifi T= sig gf in per | i5 Beginning January 1,” 593, the Child Health and Dis lity Emir ogpan (Azkicle 3.4 (commencing th Section 320)) shall 17 require cosmunity child health and disability prevention programs to 18 conduct screening for lead plood levels of children eligible for the 19 program, once between the ages of 9 and 12 months of age, and again at 20 the age of 24 months as part of sach child's health asd#essment, as 21 defined in Section 6846 of Title 17 of the California Code of 22 Regulations: : 23 (b) Beginning January 1, 1993, a child with lead polsoning shall be 24 considered a handicapped child for purposes of the California Children's 2% Services Program (Article 2 (commencing with Section 248)), and the 36 California Child¥n's Services Program shall provide appropriate féllowup # 27 health care fpr children with lead poisoning who meet the standards of 28 financial eligibility. Gok i: J Fe “it 29 (¢) Beginning January 1, 1993, a physician and surgeon whe provides 30 ongoing ‘kedical care for a child who is not eligible for health 31 assessments provided by community child health and disability prevention 32 programs shall conduct screening for lead blood levels of the child, once 33 between the ages of 9 and 12 months of age, and again at the age of 24 34 months, and shall also provide appropriate followup health care for a 35 child with lead poisoning. 36 (d) On or before January 1, 1993, the state department shall develop 37 guidelines which specify the testing protocol to be utilized in screening 38 for lead blood levels for purposes of this article. The testing protocol 39 shall require that laboratories which do the screening maintain computer 40 files of blood lead level results and transmit the results to the state 41 department and local health departments in the region where the children 42 1ive within 72 hours after completion of the testing, 43 372.4. (a) The state department shall provide information to 44 physicians and surgeons regarding the protocol to be utilized in 45 screening for lead blood levels, and the appropriate followup health care 46 for lead poisoning. 47 (b) Each local health department shall distribute information to the 48 public regarding the requirement for 49 screening for lead blood levels as specified in Section 372.2 and the 50 effects of lead poisoning. - ~wisliy. 5 wo RED cgi? aiady ls i "Tg gpl BE op RE Wapeudite Wg a ox cA _ AR-27-"81 WED 12:36 ID:LEGR. RID URAKLAND TEL MNO: 415-451-3256 greene #0 PEs om i % o AR Ere TE ad Hop » Fi auf : ‘2 8 saurkgRPate anaes guireessasaiiissssedd rrr OOP LLL RE OL Ay fu CHIR “5 bh ; I -., : : és ’ RY PAGE + A. 7 AMIR Ne ay ral vases of a child diagnosed wit et Te SW SS a GD us ¢55 08 372.5. (a) Intl resides in its region, 2 local health department shall rovide information to the pares guardian of the nila BEgubaing the sources of le oning and h to prevent fu er exposure. i ig case of Tht 1a diagnoses witha h ‘levels of "lyggd 1 2 3 4 4 $ poisoning who resides in its region, a local hedlith department shall 8 9 conduct environmefital testify; detorninediggpropr ats rdithe locak®¥klth 4&5 department, to determine the source of the ead poisoning. (a) On or before July 1, 1992, the state department shall »¢ schedule which assesses a £ d collects the 4 ea ER Et LEE a mE ry 12 (1) Hallizactu¥fers of household paitierwold in Tall . 13 manufacturer who can prove to the satisfaction of the state department 14 that ¥ ever manufgghuredwr sold lead based paipt-dpgfelifornia 4 15 shall not required to pay a fee. ik sem (2) Manufacturers of leaded gasgline sold.dn galiaspin. PE 1? (b) The fees established pursuant to subdivision (aj shall be solely 18 for the purpose of paying costs necessary to implement this article, 1g based upon the state department's reasonable anticipated costs of 20 implementing this article. The fee schefule shall provide for the 21 recovery of all costs of implementing this article. : 372.6. 22 SEC. 2. Section $367.67 is added to the Health and Safety Code to “Re 23 read: : : : 24 1367.67. on and after January 1, 1993, every health care gervice plan 8 contract which is issued, amended, or renewed that covers hogpital, 6 medical, @ surgical expenses shall cover's eening for lead blood levels 27 as required gotion 372.2. wl 3, "0119.8 is s@ed’td®the Insurance Code, to read: rE 29 10119.8. On and after January 1, 1993, every insurer issuing, 30 amending, or renewing a policy gf disability insurance that ggvers 31 hospital, medical, or gurgical expenses shall cover WHALE ded lead 32 blood levels as required by Section 372.2 of the Health and Safety Ccde. 4. B¢ 33 SEC. ction 11512.35 is a8ded to the Insurance Code, to read: * 34 11512.35., On and after January 1, 1993, every nonprofit hospital 35 sgervice “& plan contract which is 16 issued, amended, or renewed that covers hospital, medical, or surgical 37 expenses shall cover screening for lead blocd levels as required by 38 Section 372.2 of the Health and Safaty Code. 39 SEC. S. No reimbursement js required by this act pursuant to Section 6 40 of Article XIIIB of the california Constitution for those costs which may 41 be incurred by a local agency or school district will be incurred because 42 this act creates a new crime or infraction, changes the definition of a 43 crime or infraction, changes the penalty for a crime or infraction, or 44 eliminates a crime or infraction. iby ‘ 45 However, notwithstanding section 17610 of the Government Code, if the 46 Commission on State Mandates determines that this act contains other 47 costs mandated by the state, reimbursement to local agencies and school 48 districts for those costs shall be mada pursuant to Part 7 (commencing 49 with Section 17500) of pivision 4 of title 2 of the Government Code. If 50 the statewide cost of the claim for reimbursement does not exceed one I 20 i SY So oy. SY MAR~-27-'91 WED 12:38 ID:LEGAL RID URKLAND TEL NG: 415-451-3290 Hideo Ply . >: 09 pershinanbastnanensasansarrnerinanarnrretfiliaseins kh % % fof 03/19/91, .* veweeerrreesy CYITITITRII SELINA TT LL LASALLE Adhd 4 kt % AkAkAAnddddddeRaORadd # t-recH WIL TEXT WER RE prea dR agannentasas J r 3 ‘AB 3030 EL Ed I... a Siar E * LY - on o> on oe eb OF oo @2 40 4b SI 4 GD HS OF ED MR Or Gr 63 OD OF Wo @ w= “- as oy Im av on © > 1 million dollars ($1,000,000), refdmbursement shall be made from the State 2 Mandates Claims Fund. Notwithstanding 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 JtiEnt to the California Constitution. we neon veo ge MG rhe, Fs ¥ wali ‘ PERS ' or ves at a wy MAR-27-'391 WED 12:38 ID:LEGAL RID UHKLAND TEL NO:415-451-3256 Hoe F11 Ppp e—— eT ; Sis ) rhb bbhAR rede RRR RARR RAR rrvovopvreevenrereee ert TTT LILI ALLL ALL ALL db dhol bool # LPGI-TECH BILL TEXT REPORT 03/18/91 * AC I PRL Deira br I PIR Lo diiidiisnididini niiddid dt a vo ae ae ie 7 wp pW 3 a wo nc A My i 0 9. 7 2 AB 1659 PAGE l 3 2 3 Introduced by Assembly Moy Seles 4 March 8, 1991 5 6 An act to add Article 4 (commencing with Section 32240) to Chapter 2 of 7 part 19 of the Education Code, relating to lead poisoning. 8 9 10 LEGISLATIVE COUNSEL'S DIGEST 1} eT, 12 AB 1659, as introduced, Speier. (School lead sam 1i 13 Existing law makes no provisid or—th& operation of a program to 14 determine the presence of lead in the public schools. 18 This bill would direct the State Department of Health services to 3&6 conduct a sample survey throughout the state of public elementary 17 schools, public preschools, and public day care facilities having a 18 significant level of enrollment in order to develop an estimate of the 19 level of lead contamination in those schools and facilities. The bill 20 would require the department to convey the results of that survey, 21 together with any recommendations of the department, to the legislature. 22 Tha bill also would direct the department to make recommendations to 23 the State Department of Education, based on the results of the survey, on 24 the feasibility and necessity of conducting statewide lead testing and 2% abatement in the schools, to develop environmental lead testing methods 26 and standards for use by schools and contractors to ensure the scientific 27 integrity of results, as specified, and, together with the State 28 Department of Education, to establish guidelines for the training of 29 contractors in methods of conducting environmental lead testing 30 and abatement. The bill would require the State Department of Education 31 to administer a program to train and certify contractors to conduct that 33 testing and abatement. 33 vote: majority. Appropriation: no. Fiscal committee: yes. 34 State-mandated local program: no. 35 36 The people of the State of california do enact as follows: 1? ag SECTION 1. The legislature finds and declares as follows: 39 (a) Laad poisoning is preventable. 40 (b) Health officials estimate that between 3,000,000 and 6,000,000 41 individuals in the United States, of which 50,000 are in california, have 42 enough lead in their bodies to lower their intelligence quotients, affect ¢3 their nervous systems and behavior, and stunt growth. 4 (c) In california, 90 percent of all lead in the air comes from 45 automobile exhaust. 46 (d) lead is the only toxic substance to which we knowingly allow our 47 children to be exposed at a level that exceeds the lowest observed 48 adverse affect level. | 49 (e) Any house or other structure built before 1977, when leaded paint 50 was banned, is potentially dangerous. One chip of a 50 percent lead DELETED MATERIAL IS IN BRACKETS {]). ADDED MATERIAL IS CAPITALIZED. Ld P——————yr ' SSI 2222222222 222 22 0 82 dd) AAA RAE A RR AR AAA NAAR ARERR ERC R RRR ARR AREER AIA RE * LEGI-TECH BILL TEXT REPORT 03/18/81 * RAD NAN h RENEE Ade AAR RRR RAR ARR RRR ERE R RRR AR kkk RRA RAR RRR ERR RRR RT EAR ARA - a am eo Er Ge GF SO w= 1 2 damage. 3 (£) Children are at greater risk to lead poisoning than adults 4 because they absorb 50 percent of the lead they eat or breathe, compared 5 to 10 percent in adults. Also, children are more likely to come into 6 contact with lead, either by playing in contaminated dirt 7 or by eating old paint. 8 (g) Poor children are at greater risk because they absorb more lead 9 as a result of substandard nutrition. In addition, they tend to live in 10 old, ill-saintained homes where lead paint chips abound, or near freeways 11 or other sources of lead. 12 (h) The toxic properties of virtually no other substance have been 13 studied as extensively as those of lead. Lead provides no known 14 physiolegical or mstabolic benefit, and adversely affects many organs and 18 metabolic functions. The primary target organ for lead toxicity is the 16 brain, or central nervous system, and the effects are especially damaging 17 during early childhood development. 18 (1) Approximately 250,000 children under the age of 6 years live in 19 california census tracts in which 60 percent or more of the housing was 20 built before 1950. The number of children at that level of risk could be 21 even greater over time, since lead-based paint and soil contamination 22 remain exposure sources for successive generations that occupy the house. 23 (3) Lead affects different people in different ways, depending on 24 such variables as nutrition, general health, and socioeconomic status. 25 The health 26 effects of lead, at varying concentrations, are set forth in the 27 following chart: 28 premature birth, low birth weight N 29 Lead in Blood 30 (parts per 31 million)Effects 10-15Slow cognitive 32 developnent Loss of I.Q. 33 Premature birth, low birth 34 weight Slow growth up to 7 years old 35 Inhibited blood forming enzyme 37 15-20Impaired vitamin metabolism 38 Inhibited blood production 40 up to 25Lower I.Q. 41 Slow reaction time 42 Irritability ¢3 Sleep disturbances 44 Constipation 48 30-40Impaired nerve function 47 Anemia 48 40 49 and aboveBrain and nerve damage 50 Reproductive failure MAR-27-'91 WED 12:39 ID:LEGRL RID ORKLAND TEL MNO:415-451-3256b qe Pld en MAR-27='91 WED 12:40 [D:LEGRL RID CRKLAND TEL NO:415-451-2256 He FLl3 Wp en 7 LJ Prana TT TTT ITI SE A 2 2 4 00 Ah AA RAC ARABIA RARER IR RA nah kA RRR RNAI RRR RAR AAR # LEGI-TECH BILL TEXT REPORT 03/18/81 + SerrttrorTrrrertre ptr eer TEE TERT TITTLE SAAS EEE E EA AEE dedolodobdolebolofolulobotbabn dS SY WG a SH .- - AB 1659 PAGE 3 Kidney impairment High blood pressure Pappp—————— TE EEE dled id 1 a 3 70Severe 4 anemia Numbing 5 fingers and toes Inability to 6 grip . 7 80-100Brain damage 8 Liver/kidney failure $ 10 (bt) 11 lead in Blood 12 (parts per million) Effects 1% 10-15 Slow cognitive 14 development : Loss of I.Q. 16 Premature birth, low birth weight 17 Slow growth up to 7 years old 18 Inhibited blcod forming enzyme 15-20 19 Impaired vitamin metabolism 20 Inhibited blood production 21 up to 25 Lower I.Q. 22 Slow reaction time 23 Irritability 24 Sleep disturbances 25 Constipation 26 30-40 Impaired 27 nerve function 28 Anemia 40 and above 29 Brain and nerve damage 30 Reproductive failure 31 Kidney impairment 32 High blood pressure 33 70 Severe anemia 34 Numbing fingers and toes 35 Inability to grip 36 80-100 Brain damage 37 Liver/kidney 38 failure (et) 39 SEC. 2. Article 4 (commencing with Section 32240) is added to Chapter 40 2 of Part 19 of the Education Code, to read: Article 4. lLead-Free 41 Schools Protection Act 42 32240. This act shall be known, and may be cited, as the ‘Lead~-Free é3 Schools Protection Act.? 44 32241. The State Department of Health Services shall conduct a sample 45 survey in schools in this state for the purpose of developing an estimate 46 of the level of lead contamination in schools throughout the state. 47 ‘Schools,' for the purposes of this article, shall include public 48 elementary schools, public preschools, and public day care facilities 49 having a significant level of enrollment. The survey shall test schools 50 that are located in target areas that are representative of the a MHR-27-192 WED (2:41 IL:LEGRL RID ORKLAND TEL ND:415-451-3246 He P14 - roppweesits aiid AREER LEAN HERA RAR RRR ANA RAG RRA RRA h wh kek A RRR RAR RRA kkk dd * LEGI-TECH BILL TEXT REPORT 03/18/91 * beorabretorerertrretvrebsntrre ee STOTT PST ILI LL LAL EEA Sb dbololbotobotolootololaloliaole 1 population of the state and where lead-based paint is likely to have been 2 used, including, but not limited to, San Francisco County, Alameda 3 County, Los Angeles County, and San Mateo County. The schools to be 4 tested shall be selected on the basis of location in relation to § high-risk areas, age of the facility, and the recorded use of lead paint 6 in or around the facility. 7 32242. The department shall do all of the following: 5 (a) Design a strategy for testing schools that will result in the 9 {dentification of the characteristics of high-risk schools and provide a 10 basis for statewide estimates of the presence of lead in schools. 11 (b) Conduct a survey, as described in Section 32241. The survey 12 ghall seek to determine the extent of lead exposure to children by 13 testing paint on the school, soil in play areas at the school, drinking 14 water, and other potential sources identified by the department for this 15 purpose. The department shall compile the results of that survey and 16 report those results to the legislature, together with its 17 recommendation, if any, for the abatement of lead hazards in the schools. 18 (¢) Compile and summarize survey results. 19 (d) Make recommendations to the State Department of Education, based 20 on the results of the survey, on the feasibility and necessity of 21 conducting statewide lead testing and abatement in the public schools. 22 (ae) As deemed necessary and appropriate in view of the survey 23 results, develop environmental lead testing methods and standards to 24 ensure the scientific integrity of results, for use by schools and 28 contractors designated by schools for that purpose. 26 (£) Together with the State Department of Education, establish 27 guidelines for the training of contractors in methods of conducting 28 environmental lead testing and abatement. The State Department of 29 Education shall administer a program to train and certify contractors to 30 conduct that testing and abatement. 31 32243. It is tha intent of the Legislature that the program of 12 environmental lead testing and abatement provided fer by this article be 33 conducted throughout the state if the results of the survey required 24 under this article indicate that a significant hazard exists for children 35 enrolled at the schools tested under the survey.