SB 37 — HEALTH DEPARTMENT: Provides relative to lead poisoning prevention. (8/1/26) (EG +$1,205,479 GF EX See Note)

Reports shall be made on forms prescribed by the state health officer or his designee.

The state health officer shall by regulation, and in accordance with current technical knowledge and guidelines of the United States Centers for Disease Control and Prevention, United Page 4 of 10 Coding:

SLS 26RS-7 ORIGINALENGROSSED SB NO.

37 circumstancesStates ofEnvironmentalProtectionAgency,andUnitedStates eachDepartmentofHousing caseand ofUrban leadDevelopment, poisoningdefine knownthe toterms him"lead poisoning" and not"previously previouslyreported" reported.Suchand reportswhenwhat anyconstitutes personhazardous seenbylead aproviderhasconditions bloodin test results that are positive for the presenceenvironment. of lead.

Reports shall be made on forms prescribed by the state health officer or his designee.

The state health officer shall byregulation,andinaccordancewithcurrenttechnicalknowledgeandguidelinesof the United States Centers for Disease Control and Prevention, United States Environmental Protection Agency, and United States Department of Housing and Urban Development, define the terms "lead poisoning" and "previously reported" and what constitutes hazardous lead conditions in the environment.

The results of such the examinations shall be reported to the persons or agencyreporting the original casepursuantcase pursuant to Subsection A of this Section, and to such other persons or agencies as the state health officer or his designee deems advisable.

Such program shall attempt, to the extent permitted by appropriations, to locate To the extent practicable,practicable,theprotocolsshallidentifyalldwellings,earlylearningcenters,and theschools protocolswith shallprekindergarten identifyprograms all dwellings in which the paint, plaster, or other accessible substance contains dangerous amounts of lead.lead hazards.

The means of detection andandtheamountof thelead amountofleadthatthat produces the danger of lead poisoning shall be determined by regulation by the state health officer in accordance with current technicalknowledgeandguidelinesoftheUnitedStatesCentersforDiseaseControl Pageand 4Prevention, United States Environmental Protection Agency, and United States Department of 9Housing Coding:and Urban Development.

(2) Such programs of detection Lead detection shall, to the extent that all appropriatedwellingsarenotinspected,givepriorityininspectionstobeprioritized inthosedwellingslocatedinareaswheresignificantnumbersofleadpoisoningcases Page 5 of 10 Coding:

SLS 26RS-7 ORIGINALENGROSSED SB NO.

37 andhaverecentlybeenreported,andinwhichchildrenundertheageofsixyearsorother Prevention,persons Uniteddeemed Statesat Environmentalrisk Protectionbythe Agency,state andhealth Unitedofficer Statesor Departmenthis ofdesignee Housingreside. and Urban Development.

(2)and Suchwhich programsserveastheprimaryresidenceforachildunder oftheageof detectionsix, Leadapersondeemed detectionat shall,risk toby the extentsurgeon thatgeneral, allor appropriatedwellingsarenotinspected,givepriorityininspectionstobeprioritizedare inthosedwellingslocatedinareaswheresignificantnumbersofleadpoisoningcasesoperating haverecentlybeenreported,andinwhichchildrenundertheageofsixas yearsorotheran personsearly deemedlearning atcenter riskor byschool thewith statea healthprekindergarten officerprogram. or his designee reside.

B.B.Whenthestatehealthofficerorhisdesigneeisinformedofacaseofchild lead poisoning pursuant to this Part, or otherwise, he shall cause to have inspected the he shall order an investigation of any dwellingin which the person child with lead poisoning resides, or has recentlyresided, if the occupants of said the dwelling consent, after reasonable notice, to such inspection the investigation.

WhenThe the state health officer or his designee ismay informedalso oforder aan caseinvestigation of leadany poisoningpursuantother toproperties this Part, or otherwise,premises hein shallwhich causetothe havechild inspectedorderspends aninspectionofthedwellinginwhichthepersonwithleadpoisoningresides,orhasa recentlysignificant resided,amount if the occupants of saidtime. the dwelling consent, after reasonable notice, to such the inspection.

The findings of such inspection the inspectioninvestigations shall be reported to the state healthhealthofficerorhisdesigneeandtotheappropriateenforcementauthoritiesprovided officer or his designee and to the appropriate enforcement authorities provided in R.S.

A dangerous level of lead Lead hazards found in a dwellingdwelling, inspectedearly pursuantlearning tocenter, thisor Section,school orwith otherwise,a shallprekindergarten beprogram reportedinspected immediatelytoinvestigatedpursuanttothisSection,orotherwise,shallbereportedimmediatelyto thetheownerofthebuilding,earlylearningcenter,orschoolwithaprekindergarten ownerprogramor ofto thehis buildingdulyappointed representative, all affected tenants or tohisdulyappointedrepresentative,allaffectedtenants,theappropriateenforcementoccupants, authoritiessetouttheappropriateenforcementauthoritiessetoutinR.S.40:1285.9,andthestatehealth inofficer R.S.or his designee.

40:1285.9,andthestatehealthofficerorhisThe designee.The state health officer or his designee shall inform such otherotherpersonsoragenciesashedeemsadvisable,andshallcausetohaveprominently persons or agencies as he deems advisable, and shall cause to have prominently posted post on the main entrancetoentrance to said the dwellingadwelling notice that the dwellingcontains dangerous amounts of lead paint or otherfacility leada materialsnotice and that children under the agedwellingorfacilitycontainsdangerousamountsofleadpaintorotherleadmaterials ofleadhazardsandthatchildrenundertheageofsixyearsandpersonsdeemedatrisk sixshouldnotbeallowedtoresideinsaidoroccupythedwellingorfacility.SuchThe yearsnotice andmay personsnot deemedbe atremoved riskuntil shouldall notpremises behave allowedbeen found to residecomply inwith saidR.S. the dwelling.

Such The notice may not be removed until all premises have been found to complywith R.S.

UnauthorizedUnauthorizedintentional intentionalremovalofthenoticeshallsubjecttheoffender removalPage of6 the notice shall subject the offender to a fine of five10 hundredCoding: dollars.

D.

When a dangerous level of lead is found in a dwellinginspected pursuant to this Part, or otherwise, the state health officer or his designee shall cause to have examined orderan examination of allchildrenundertheage of six years and other Page 5 of 9 Coding:

SLS 26RS-7 ORIGINALENGROSSED SB NO.

37 persons as he mayfind advisable to examine,a residingfine orof whofive havehundred recentlyresideddollars. in said the dwelling.

TheD. results of such the examinations shall be reported to the state health officer or his designee, the affected individual, and his parent or legal guardian.

When a dangerous level of lead hazard is found in a dwelling, early learning center, or school with a prekindergarten program inspected investigated pursuant to this Part, or otherwise, the state health officer or his designee shall cause to have examined order an examination of all children under the age of six years and other persons as he mayfind advisable to examine, residing in or occupying, or who have recently resided in or occupied said the dwelling, early learning center,or school with a prekindergarten program.

The results of suchtheexaminationsshallbereportedtothestatehealthofficerorhisdesignee,the affected individual, and his parent or legal guardian.

§1260Page (1970).7 of 10 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-7 ENGROSSED SB NO.

37 §1260 (1970).

Whenever a child or children under six years of age or person with an intellectual disabilityresides in anyresidential premises in which anypaint, plaster, or other accessiblematerialsaccessible materials contain dangerous levels of lead hazards as defined pursuantpursuantto the provisions of this Part, afternotification bythestatehealthofficeror his representative, the owner shall remove or cover said the paint, plaster, or other material so as to Pagemake 6it inaccessible to children under six years of 9age Coding:or persons withintellectualdisabilities.Wheneveranysuchresidentialpremisescontainingsaid dangerous levels of lead hazards undergoes a change of ownership and as a result thereof, a child under six years of age or a person with an intellectual disabilitywill become a resident therein, the new owner shall remove or cover said the paint, plaster, or other material so as to make it inaccessible to such the child or person.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-7 ORIGINAL SB NO.

37 the provisions of this Part, after notification by the state health officer or his representative, the owner shall remove or cover said the paint, plaster, or other material so as to make it inaccessible to children under six years of age or persons withintellectualdisabilities.Wheneveranysuchresidentialpremisescontainingsaid dangerous levels of lead undergoes a change of ownership and as a result thereof, a child under six years of age or a person with an intellectual disability will become a resident therein, the new owner shall remove or cover said the paint, plaster, or other material so as to make it inaccessible to such the child or person.

porch railings, and all other exterior and interior surfaces or fixtures that may be readilychewedreadily bychewed childrenbychildren or persons with intellectual disabilities.

This duty The requirements of this Section shall apply to every owner ofresidentialpremiseswheneverwhereverachildundersixyearsofageoraperson with an intellectual disability resides therein or whenever such the premises undergoes a change of ownership and as a result thereof a child under six years of age or person with an intellectual disability shall reside therein resides, whether or notPage his8 premisesof have10 beenCoding: inspected pursuant to R.S.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-7 ENGROSSED SB NO.

37 not his premises have been inspected pursuant to R.S.

Every owner of residential premises who violates the provisions of this Sectionshallcommencecorrectionoftheconditionconstitutingtheviolationwithin fifteen days after notification of the violation, which project shall be completed and Pagecomplete 7the ofcorrection 9within Coding:thirty days of commencement.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-7 ORIGINAL SB NO.

37 complete the correction within thirty days of commencement.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bybySenate Senate Legislative Services.

1:13(B) and 24:177(E)] DIGEST SB 37 OriginalEngrossed 2026 Regular Session McMath PresentlawprovidesforleadpoisoningprovisionsrelativetochildreninbothTitle30under the La.

of EnvironmentEnvironmental QualityQualityand and in Title 40 under the La.

Title 30 PresentlawrequireshealthcareprovidersPresent tolaw reportrequireshealthcareprovidersto bloodreportblood test resultsthatarepositive forthefor the presence of lead to the state heathhealth officer and for the state health officer to define what constitutes a positive test result.

ProposedlawmovesprovisionsrelativetopublicandnonpublicelementaryschoolsanddayProposedlawmovesprovisionsrelativetodaycarecentersandpublicandnonpublicschools carewith centersprekindergarten programs to Title 40.

Presentlawrequirestheownerofachild-occupiedfacilityandtheinspectortoPresentlawrequirestheownerofachild-occupiedfacilityandtheinspectortoprovidejoint providejoint notification to the secretary of the Dept.

of Environmental Quality and the state health officerwithin 90daysofreceiptofareportofleadhazards,leadabatementactivities,orany90 days ofreceiptofareportofleadhazards,leadabatementactivities,orany leadtestingperformedthatexceedsapplicablestandards.Proposedlawrepealspresentlaw.

of Health toPage conduct9 healthof and10 safetyCoding: inspections and to issue permits to public and private schools and buildings where people congregate.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-7 ENGROSSED SB NO.

37 to conduct health and safety inspections and to issue permits to public and private schools and buildings where people congregate.

Proposed law retains present law and requires early learning centers,centers and schools with prekindergarten programs,programs and public and private elementaryschools built prior to 1978 to submithave a lead risk assessment and submit the testing results to the department prior to obtaining department approval forof occupancyplans and specifications as part of the department's lead poisoning prevention program.

PresentProposed lawauthorizeslaw thesaleoflead-basedpaintprovides ifthat the containercontainslead arisk warninglabel.assessment shall include painted surfaces of the building, dust, water, and soil adjust to the building and on any property that is regularly utilized by the children enrolled at the earlylearning center or prekindergarten program.

PageProposed 8law ofprovides 9thatthe Coding:La.

WordsDept. which are struck through are deletions from existing law;

wordsof inHealth boldfaceshall typeprovide andthe underscoredowner areor additions.operatorwith a list developed by the Dept.

SLSof 26RS-7Environmental ORIGINALQuality SBof NO.persons approved or licensed to conduct non-drinking water lead testing.

37Presentlaw Proposedauthorizes law repeals present law to prohibit the sale of lead-basedlead-basedpaint paint.if the containercontainsawarninglabel.

Proposed law repeals present law to prohibit the sale of lead-based paint.

40:1285.6(G)) PageSummary 9 of 9Amendments Coding:Adopted by Senate Committee Amendments Proposed bySenate Committee on Health and Welfare to the original bill 1.

Changes references from "lead inspections" and "presence of lead" to "lead investigation", "lead risk assessment", and "lead hazards".

2.

Removes elementary schools from the lead risk assessment requirement.

3.

Makes technical changes.

Page 10 of 10 Coding: