BILL ANALYSIS
AB 80
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Date of Hearing: May 16, 2001
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 80 (Havice) - As Amended: April 30, 2001
Policy Committee:
EducationVote:14-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires a school district maintaining kindergarten or
any of grades 1 to 6, inclusive, to require its district level
maintenance supervisors to participate in training by the
Department of Health Services (DHS) through its California
Lead-Safe Schools Project. The supervisors would then be
required to train the district's maintenance employees whose
worksites are facilities used as public elementary schools,
public preschools, and public day care facilities. In addition,
the bill:
1)Specifies that the required training is necessary only for
supervisors who have not received the training within the
preceding four years.
2)Requires the DHS to establish an ombudsperson position to
field calls from school districts on how to deal with lead
contamination at schoolsites.
3)Requires the State Department of Education (SDE) to allocate
funds, as specified, to school districts for the purpose of
testing for the presence of lead in drinking water on
schoolsites.
FISCAL EFFECT
1)General Fund (Proposition 98) costs in excess of $1 million
for the SDE to allocate funds to school districts for drinking
water testing.
2)General Fund (Proposition 98) costs of approximately $262,000
AB 80
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to school districts for training costs, as specified. This
assumes one individual per applicable school district is
trained at $350 per training course.
3)General Fund costs of $150,000 to DHS for the creation of an
ombudsperson, as specified.
4)Specifies legislative intent that funding for the purposes of
implementing this measure be appropriated in the annual Budget
Act.
COMMENTS
1)Rationale . According to the author, this bill "is designed to
strengthen and continue funding for the Lead Safe Schools
Program within the Department of Health Services. It also
would require that all schools and school districts
maintenance personnel receive training through the Lead Safe
Schools Program in lead safe work practices."
2)Current law . Prohibits the use of lead-based paint, lead
plumbing and lead solders in new construction and renovation
of old schoolsites. Trained personnel must carry out any
actions taken to test for the presence of lead, or to abate a
lead source at a public schoolsite. A school identified to
have significant risk factors must notify the parents.
3)The Lead-Safe Schools Protection Act required DHS to conduct a
study to determine the prevalence of lead hazards in public
elementary schools and child care facilities. The department
published the study in 1998 after surveying 200 randomly
selected public schools, preschools and day care centers. The
study found that lead hazards are a problem in California's
public elementary schools.
An estimated 78% have some lead-based paint, 38% of those have
paint that is deteriorating, 18% had lead levels in drinking
water above 15 parts per billion, the US EPA action level, and
6% have lead levels in soil above 400 parts per million, the
US EPA reference level for soil in which children play. While
the Lead-Safe Schools Protection Act requires schools that
have lead hazards to notify parents, staff and teachers of
that fact, it does not explicitly mandate abatement of those
hazards.
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4)Related legislation. AB 51 (Shelley) declares the intent that
all lead hazards in state schools be identified and mitigated
as quickly as possible. SB 21 (Escutia) requires districts to
inspect all schools built before 1992 for lead hazard and
abate those hazards. Districts must also train maintenance
personnel to identify and mitigate lead hazards.
Analysis Prepared by : Daniel Alvarez / APPR. / (916) 319-2081