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