BILL ANALYSIS                                                                                                                                                                                                    



                                                                 AB 80


                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                               Byron D. Sher, Chairman
                              2001-2002 Regular Session
                                           
           BILL NO:    AB 80
           AUTHOR:     Havice
           AMENDED:    May 31, 2001
           FISCAL:     Yes               HEARING DATE:     July 9, 2001
           URGENCY:    No                CONSULTANT:       Arnie Peters
            
           SUBJECT  :    LEAD-SAFE SCHOOLS:  TRAINING

            SUMMARY  :    
           
            Existing law  requires:

           1) The State Department of Health Services (DHS), under the  
              Lead-Safe Schools Protection Act, to survey 200 public  
              schools (defined as public elementary schools and  
              preschools and day care centers located on public school  
              property) to determine the factors that can be used to  
              predict which schools will be at risk of lead contamination  
              and to estimate the prevalence of lead hazards in paint,  
              soil and drinking water.

           2) DHS, under the federal Residential Lead-Based Paint Hazard  
              Reduction Act of 1992 and the associated state statute, to  
              establish a program for certifying workers who do lead  
              abatement work and for accrediting trainers of lead  
              abatement workers.  Under the program, DHS offers  
              accreditation for trainers of lead workers and, in  
              addition, certificates in the following areas:  lead  
              inspector/assessor, lead project monitor, lead project  
              designer, lead supervisor and lead worker.

           3) Schools that decide to abate lead hazards to hire only  
              inspectors, contractors and workers who have the  
              appropriate state certificates to do lead abatement work.


            This bill  : 

           1) Requires each school district in the state to send its  









                                                                 AB 80
                                                                 Page 2

              district level maintenance supervisors to training classes  
              conducted by the DHS California Lead-Safe Schools Project.

           2) Requires the maintenance supervisors to, in turn, train  
              maintenance employees in procedures and methods for  
              recognizing lead hazards, avoiding undue lead exposures  
              while performing their maintenance duties, and undertaking  
              lead abatement work that does not require a state lead  
              worker certificate.

           3) Provides that the requirements of the bill apply only to  
              school districts whose employees have not received training  
              in the previous four years and only if state funding to pay  
              for the training becomes available.

            COMMENTS  :

            1) Purpose of Bill  .  As noted above, 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%  
              have 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.  (An even higher  
              number would be above the 200-300 ppm reference level for  
              soil used by the state.) 

           This bill addresses one small part of the lead problem in  
              schools.  It requires school district maintenance employees  
              to receive "awareness" training that is provided by the DHS  
              California Lead-Safe Schools Project.  The training is  
              intended to provide trainees with basic knowledge of lead  
              hazards, how to avoid them, how to perform maintenance  
              tasks around them and how to carry out simple lead  
              abatement projects that can be carried out without the  
              state certificates that are required for most lead  
              abatement work.  









                                                                 AB 80
                                                                 Page 3


            2) Relationship to other legislation  .  This committee heard  
              and passed out SB 21 (Escutia) earlier this year.  That  
              bill is a more comprehensive measure that requires school  
              districts to identify lead hazards present in public  
              schools, draw up abatement plans for those hazards  
              following DHS guidelines, provide training to school  
              district employees in recognizing and abating simple lead  
              hazards, and carry out necessary abatement in accordance  
              with the schedule adopted in the district lead abatement  
              plan.  This bill is consistent with SB 21, requiring much  
              the same type of training for school district maintenance  
              employees that SB 21 requires.

            SOURCE  :        Assemblywoman Havice  

           SUPPORT  :       Alta California Regional Center, Association of  
                          Regional Center Agencies, California League of  
                          Conservation Voters, California Public Interest  
                          Research Group, California State PTA,  
                          California Teachers Association's State Council  
                          of Education, Sierra Club California,  
                          Superintendent of Public Instruction  

           OPPOSITION :    None on file