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 ----------------------------------------------------------------- |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 | ----------------------------------------------------------------- APPROPRIATIONS 21-0 ----------------------------------------------------------------- |Ayes:|Migden, Bates, Alquist, | | | | |Aroner, Ashburn, Cedillo, | | | | |Corbett, Correa, Daucher, | | | | |Goldberg, Maldonado, | | | | |Robert Pacheco, Papan, | | | | |Pavley, Runner, Simitian, | | | | |Thomson, Wesson, Wiggins, | | | | |Wright, Zettel | | | ----------------------------------------------------------------- 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