SB 274 — ENVIRONMENTAL QUALITY: Provides for lead hazard risk assessments for certain child care facilities and prekindergarten programs. (8/1/26) (EN INCREASE SG EX See Note)

SLS 26RS-546 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

274 BY SENATORSENATORS EDMONDSEDMONDS, ENVIRONMENTALQUALITY.ProvidesforleadhazardriskassessmentsforcertainchildCARTER careAND facilitiesMCMATH AN ACT ToamendandreenactR.S.30:2351.28,relativetoenvironmentalquality;toprovidefordata and prekindergartenrecords programs.related to lead hazard detection;

(8/1/26) AN ACT ToamendandreenactR.S.30:2351.28,relativetoenvironmentalquality;toprovidefordata and records related to lead hazard detection;

to provide for notice;

The owner of any licensed day care center, preschool, or public or nonpublic elementary school facility that qualifies as a child-occupied facility,facility and, operator,orgoverningauthorityofanyproposedlicensedearlylearningcenter, a daycare center that is subject to federal daycare center licensing requirements, a public prekindergarten program that is part of a public Pageelementaryschool,oran 1approved nonpublic prekindergartenprogramthatis part of 4an Coding:approved nonpublic elementary school which is first placed in operation on or after August 1, 2012, 2026, shall have an inspector conduct an inspectionariskassessorconductariskassessmentofthefacilityandgroundsfor the presence of paint, dust, and soil lead hazards.

No inspection shall The results of the risk assessment shall be attached to the original application for any license required by a state department for the facility to operate.

A risk assessmentshallnotberequiredifthefacilityoritsgroundshasbeeninspected,has had a risk assessment, or has been the subject of lead abatement or remediation since 1978.

If a portion of the facilityor its grounds has not been inspected, has not Page 1 of 3 Coding:

SLS 26RS-546 REENGROSSED SB NO.

274 elementaryschool,ENROLLED oranapprovednonpublichadariskassessment,orhasnotbeenthesubjectofleadabatementorremediation prekindergartenprogramthatissince partofanapprovednonpublic1978, elementaryschoolandfirstplacedinoperationonthen orthose afterportions August 1, 2012, shall have an inspector conduct an inspection a risk assessor conduct a risk assessment of the facility andor its grounds forshall thebe presencesubject of leadhazards.NoinspectionshallTheriskassessmentshallbeconductednofewer than thirty calendar days prior to the facility'sprovisions intended commencement of operations.Ariskassessmentshallnotberequiredifthefacilityoritsgroundshasthis beenSection. inspected, has had a risk assessment, or has been the subject of lead abatement or remediation since 1978.

IfThe aowner portionor, operator of the facilityfacility, or itsgoverning groundsauthority hasshall notmaintain beendocumentation inspected,that hasthe notinspection hador alead riskabatement assessment,and ormake hasavailable notupon beenrequest thedocumentation subjectdemonstrating ofthat leadall abatementrequired orinspections,riskassessments,abatement,orremediationactivitieswereconducted remediationin sinceaccordance 1978,with thenapplicable thoserequirements.If portionsa oflead thehazard facilityis orfound itsto grounds shall be subjectpresent, to the provisionsinspector offederal thisand Section.state requirements.

ThePrior ownerto or,issuance operator of thefacility,orgoverningauthorityshallmaintaindocumentationthattheinspectiona orlicense leadfor abatementoperation, andthe makeowner, availableoperator,or upongoverning requestauthority documentationshall demonstratingsubmit thatthe allresults requiredof inspections,the risk assessments,assessment abatement,to orthe remediationdepartment, activitiesthe werestate conductedDepartment of Education, and the Louisiana Department of Health in accordancea withform applicableand requirements.manner prescribed by the department.

IfThe arisk leadassessor hazardand isthe foundowner shall report those findings to bethe present,state health officer, the inspectorLouisiana federalDepartment andof Health, the state requirements.Department ofEducation,andthesecretary.Thestatehealthofficershallcompiletheresultsand report the findings to the legislature in the annual Louisiana Health Report Card.

PriorC.(1)Iftheresultsoftheriskassessmentindicatethatleadhazardswere tofound, issuancethedepartmentshallnotifytheLouisianaDepartmentofHealthandthe ofstateDepartmentofEducation.Thefacilityshallnotcommenceoperationsuntil aappropriate licenselead forhazard operation,control themethods owner,have operator,been orimplemented governing authority shall submit the results of the risk assessment to the department,thestateDepartmentofEducation,andtheLouisianaDepartment of Health in a form and mannerconfirmed prescribed by the department.

The(2) riskOnce assessora andreport documenting the ownerabsence shallof reportlead thosehazards, findingseither toinitially theor stateafter healthany officer,known thelead Louisianahazards Departmenthave ofbeen Health,addressed, theis stateprovided Departmentto thedepartment,theLouisianaDepartmentofHealth,andthestateDepartment of Education, andno thefurther secretary.lead hazard testing shall be required for opening by such owner, operator, or governing authority.

TheFurther statelead healthtesting officershallmay compiletheresultsandbe reportrequired if the findingsowner, tooperator, theor legislaturegoverning inauthority thethereafter annualinitiates Louisianamajoralterationsofthefacilitythroughrenovationorremodeling.Furtherlead Healthtesting Reportmay Card.also be required if lead hazards are thereafter found on the premises.

C.However, renovated buildings shall qualify for a limited scope risk assessment when determined appropriate by a certified risk assessor based on Page 2 of 3 Coding:

The secretarymayenter into agreements a memorandum of agreement with the Louisiana Department of Health and the state Department of Education to implement this Section.

D.

Upon receipt of an application for licensure of an early learning Page 2 of 4 Coding:

SLS 26RS-546 REENGROSSED SB NO.

274 center,ENROLLED a day care center subject to federal day care center licensing requirements, a public prekindergarten program that is part of a public elementary school, or an approved prekindergarten programthat is part of an approved nonpublic school, the statenature Department of Education shall provide written notice to the department and theextent Louisiana Department of Healthrenovations thatcompleted. such application has been received.

The originallimited instrumentscope andrisk theassessment followingshall digest,include whichsoil constitutessamples, noif partbare ofsoil theis legislativepresent. instrument, were prepared bySenate Legislative Services.

TheD. keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.The department shall provide a prospective owner, operator, or governingauthorityofanearlylearningcenter,adaycarecenterthatissubject to federal daycare center licensing requirements, a public prekindergarten program that is part of a public elementary school, or an approved nonpublic prekindergarten program that is part of an approved nonpublic elementary school with a list of persons approved or licensed to conduct the lead testing required by this Subsection.

1:13(B)C.E.Thesecretarymayenterintoagreementsamemorandumofagreement andwith 24:177(E)]the DIGESTLouisiana SBDepartment 274of ReengrossedHealth 2026and Regularthe Sessionstate EdmondsDepartment Presentof lawEducation authorizesto theimplement secretarythis ofSection. the Dept.

ofF. Environmental Quality (DEQ) to establish a program for the collection and analysis of data on lead hazard detection and reduction activities and on the certification, accreditation, and enforcement activities of the department.

PresentThe lawstate requiresDepartment the owner of anyEducation licensedshall dayprovide carenotice center,of preschool,the orrequirements publicof orthis nonpublicSection elementaryschoolto facilitythatfacilities qualifiesrequiring aslicensure apursuant child-occupiedto facilityandR.S. that was firstplacedinoperationafterAug.1,2012,tohaveaninspectorconductaninspectionofthe facilityand grounds for the presenceof lead hazards.

Present17:407.31 lawet providesseq. exceptions if the facility has been inspected or subject to abatement or remediation since 1978, requires maintenanceof documentation, and requires reporting of findings to the state health officer and the secretary.

PresentFor lawfacilities authorizesnot thelicensed secretarytoby enterthe intostate agreementsDepartment withof Education, the La.Department of Education shall publish information regarding risk assessments.

Dept.PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ofPage Health3 (LDH)of to3 implementCoding: these provisions.

Proposed law authorizes the secretary to establish and administer a program for the collection, analysis, and reporting of data related to lead hazard detection and reduction activities.

Proposed law revises the entities subject to lead hazard review first placed in operation on or after Aug.

1, 2012, to include the owner, operator, or governing authority of proposed licensed early learning centers, a daycare center subject to federal daycare center licensing requirements, public prekindergarten programs that are part of a public elementaryschool, or an approved nonpublic prekindergarten program that are part of an approved nonpublic elementary school.

Proposed law replacesthe requirementfor an inspection byan inspector with arequirement for a risk assessment conducted bya risk assessor.

Proposedlawrequiresthattheriskassessmentbeconductednofewerthan30calendardays prior to the facility's intended commencement of operations.

Proposed law providesthatariskassessmentis not requiredif the facilityor its grounds has been inspected, has had a risk assessment, or has been the subject of lead abatement or remediationsince1978, andclarifiesthatonlyportionsnotpreviouslyaddressedaresubject to the provisions of proposed law.

Proposed law requires the owner, operator, or governing authority to maintain and make Page 3 of 4 Coding:

Words which are struck through are deletions from existing law;