BILL ANALYSIS
AB 80
Page 1
ASSEMBLY THIRD READING
AB 80 (Havice)
As Amended May 31, 2001
Majority vote
ENVIRONMENTAL SAFETY 9-0 EDUCATION
14-0
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|Ayes:|Jackson, Briggs, Cohn, |Ayes:|Strom-Martin, Leach, |
| |Longville, Lowenthal, | |Alquist, Calderon, |
| |Maddox, Pescetti, | |Correa, Goldberg, Liu, |
| |Strom-Martin, Washington | |Maddox, Pavley, Reyes, |
| | | |Salinas, Vargas, Wyland, |
| | | |Zettel |
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APPROPRIATIONS 21-0
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|Ayes:|Migden, Bates, Alquist, | | |
| |Aroner, Ashburn, Cedillo, | | |
| |Corbett, Correa, Daucher, | | |
| |Goldberg, Maldonado, | | |
| |Robert Pacheco, Papan, | | |
| |Pavley, Runner, Simitian, | | |
| |Thomson, Wesson, Wiggins, | | |
| |Wright, Zettel | | |
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SUMMARY : Establishes a training requirement for school district
maintenance personnel and a process for handling risk of lead
exposure at schools. Specifically, this bill , for public
schools, kindergarten through twelfth 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)Conditions the training requirement on specific appropriation
of funds to implement the program.
AB 80
Page 2
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 : According to the Assembly Appropriations
Committee analysis, General Fund (Proposition 98) costs of
approximately $262,000 to school districts for training costs,
as specified. This assumes one individual per applicable school
district is trained at $350 per training course.
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
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.
AB 80
Page 3
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)The district only needs to implement the program if funds are
specifically appropriated in the annual budget.
6)Related legislation . AB 51 (Shelley) This bill requires
school districts to develop a program to provide parental
notification of schools where a lead hazard has been
identified. (On the Assembly Floor).
SB 21 (Escutia) requires districts to inspect all schools built
before 1992 for lead hazard and abate those hazards.
Districts must also train their maintenance personnel to be
able to identify and to properly mitigate lead hazards. (On
the Senate Floor).
Analysis Prepared by : Michael B. Endicott / E.S. & T.M. / (916)
319-3965
FN: 0001169