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                    |
           ----------------------------------------------------------------- 

           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 



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