SCS/HB 1489 - This act modifies the Department of Health (Department) lead abatement program in accordance with federal requirements. The program is expanded to include day-care centers and other facilities visited regularly by children under age 6. If a child has been identified with a dangerous blood-lead level, the Department or a licensed local representative may, upon three days notice to the owner, inspect a facility and, if the presence of a lead hazard is confirmed, notify parents and require the owner to eliminate the hazard.

The act specifies penalties for eviction of tenants due to lead hazard. A child may not be denied attendance at a facility due to a lead hazard.

The definition of "lead-bearing substances" for which removal is subject to this act shall be no stricter than the definition established in federal regulations.

The Department of Health will license lead abatement inspectors, risk assessors, supervisors, workers, project designers, and contractors; implement work practice standards; and accredit training providers. The Department shall issue temporary "risk assessor" licenses to currently licensed inspectors. The temporary licenses shall expire on the same date as the current license expires. Decisions by the Department to restrict, revoke, suspend, or deny licenses may be appealed to the Administrative Hearing Commission.

All lead abatement projects must be conducted by licensed individuals. Building owners may personally conduct projects on their own property without a license. In most cases, the Department must be notified at least 10 days before any project begins and a notice fee of $25 must be paid. In emergencies, the Department may be notified by any means within 24 hours after the project begins, with written notification submitted within 5 days. The act allows temporary controls as an alternative to abatement in certain cases.

The Department or its authorized representative may conduct inspections to ensure that abatement projects are performed properly by lead abatement contractors. If necessary, the Department may require corrective action and, in an emergency, seek a temporary restraining order and injunction. The Department may assess administrative penalties of up to $1000 per day for lead abatement violations. Suitability of required corrective actions may be appealed to the Department and the Administrative Hearing Commission.

The act changes the Commission on Lead Poisoning to the Advisory Committee on Lead Poisoning. The selection and qualifications of members are revised and the number of members is increased from 21 to 24.

The act removes the specific lead blood level standard for lab analyses which must be reported to the Department. The level shall be established by rule. The act requires all health care professionals to notify the Department of patients who have lead poisoning. Current law places this requirement only on physicians.

The Department may release reported information concerning lead poisoning without consent when needed by public employees in the performance of public duty.
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