BILL ANALYSIS AB 80 Page 1 Date of Hearing: April 3, 2001 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Hannah-Beth Jackson, Chair AB 80 (Havice) - As Amended: March 27, 2001 SUBJECT : School safety: lead. SUMMARY : Establishes a training requirement for school district maintenance personnel and a process for reducing risk of lead exposure at schools. Specifically, this bill , for public schools, kindergarten through sixth grade, and public day care centers: 1)Requires school district level maintenance supervisors to participate in training by the State Department of Health Services (DHS) through its California Lead-Safe Schools Project. These supervisors would be required to then train the district's maintenance employees. 2)Requires the State Department of Education (DOE) to establish the position of ombudsperson to help direct school districts to the appropriate state agencies for help in dealing with lead contamination or other environmental hazards. 3)Requires the DOE to allocate funds for testing drinking water for the presence of lead. EXISTING LAW prohibits the use of lead-based paint, lead plumbing and lead solders in new construction and renovation of old schoolsites. Any actions taken to test for the presence of lead, or to abate a lead source at a public schoolsite, must be carried out by trained personnel. If a school is specifically identified to have significant risk factors that could lead to lead exposure, it is supposed to notify the parents. FISCAL EFFECT : None because each of these actions are predicated on the Legislature making a specific appropriation to fund the requirement. COMMENTS : 1)Although California has a law requiring that new and renovated facilities not include potential sources of lead exposure, recent news stories have revealed that many school children AB 80 Page 2 still face a significant risk of exposure to lead from school buildings built before 1992. Legislatively mandated surveys of representative public school and day care sites have revealed that there is a lot of work to be done before the risk of lead exposure is eliminated. In 1998, a survey found that lead-containing paint posed a potential hazard in one-third of the public elementary schools and childcare centers. Eighteen percent of schools had drinking water lead levels in excess of US Environmental Protection Agency action levels. Even school playground soils can have lead in them from paint peeling off playground structures. 2)Studies have shown that elevated blood levels in children can have a direct effect on their learning abilities. Ingestion of dust, peeling paint or lead contaminated drinking water is the most common pathway. The source of lead is from lead-based paint (no longer in use), lead pipes and lead solder. 3)In 1998, DHS established a California Lead Safe Schools Program to conduct surveys of lead in public schools and day care centers. This program is due to expire this year. In December of 2000 a Superior Court judge issued an order to DHS to write new regulations that ensured testing for all children at risk for lead poisoning. 4)The author is seeking to minimize the exposure to lead that can occur in the ordinary course of maintenance and minor repairs at schools. The manner in which peeling paint is removed and patched can greatly affect the risk of exposure to children. This measure would require that district level maintenance supervisors receive training by DHS in how to handle lead properly. The supervisor is then supposed to pass that training on to the local district maintenance personnel. 5)Furthermore, in order to assure that district personnel can properly handle potential lead exposure situations, or other environmental hazards, this bill directs the DOE to establish a position for an ombudsperson that can be called buy district personnel and can refer them to the appropriate department or agency that has the relevant expertise. 6)As plumbing fixtures in old drinking water fountains can contain lead, this bill would also direct DOE to allocate AB 80 Page 3 funds to schools to test their drinking water for lead. 7)All of the measures proposed by the author are subject to being funded by subsequent specifically directed appropriations from the General Fund. 8)The State Superintendent of Public Schools has suggested that the measure be amended to only require one designated person at each school needs to be trained to reduce the cost of training for the district. Related Legislation: AB 51 (Shelley) declares the intent that all lead hazards in state schools be identified and mitigated as quickly as possible. SB 80 (Escutia) requires districts to inspect all schools built before 1992 for lead hazard and abate those hazards. Districts must also train its maintenance personnel to be able to identify and to properly mitigate lead hazards. (In Senate Environmental Quality Committee). REGISTERED SUPPORT / OPPOSITION : Support Association of Regional Center Agencies American Federation of State, County and Municipal Employees California League of Conservation Voters California School Employees Association AB 80 Page 4 Natural Resources Defense Council Regional Center of the East Bay Sierra Club California California Teachers Association Delaine Eastin, State Superintendent of Public Instruction (if amended) Cal Pirg Opposition None on file. Analysis Prepared by : Michael B. Endicott / E.S. & T.M. / (916) 319-3965