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