SCASB274 2282 1710 SENATE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLbySenate NO.Committee on Finance to Engrossed Senate Bill No.

274 BYby SENATORSSenator EDMONDS,Edmonds CARTERAMENDMENT ANDNO. MCMATH AN ACT ToamendandreenactR.S.30:2351.28,relativetoenvironmentalquality;toprovidefordata and records related to lead hazard detection;

to1 provideOn forpage risk2, assessmentsline 26, after "may enter into" and before "with the" delete "memoranda of certainagreements" facilities;and insert "a memorandum of agreement" Page 1 of 1

to provide for applicability;

to provide for notice;

to provide for authority of state departments to enter agreements;

to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1.

R.S.

30:2351.28 is hereby amended and reenacted to read as follows:

§2351.28.

Data collection program A.

The secretarymayestablish and administer a program for the collection and, analysis, and reporting of data on related to lead hazard detection and lead hazard reduction activities in the state, and on the certification, accreditation, and enforcement activities of the department.

B.

The owner of any licensed day care center, preschool, or public or nonpublic elementary school facility that qualifies as a child-occupied 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 elementaryschool,oran approved nonpublic prekindergartenprogramthatis part of an 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:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

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274 ENROLLED hadariskassessment,orhasnotbeenthesubjectofleadabatementorremediation since 1978, then those portions of the facility or its grounds shall be subject to the provisions of this Section.

The owner or, operator of the facility, or governing authority shall maintain documentation that the inspection or lead abatement and make available upon request documentation demonstrating that all required inspections,riskassessments,abatement,orremediationactivitieswereconducted in accordance with applicable requirements.If a lead hazard is found to be present, the inspector federal and state requirements.

Prior to issuance of a license for operation, the owner, operator,or governing authority shall submit the results of the risk assessment to the department, the state Department of Education, and the Louisiana Department of Health in a form and manner prescribed by the department.

The risk assessor and the owner shall report those findings to the state health officer, the Louisiana Department of Health, the state Department ofEducation,andthesecretary.Thestatehealthofficershallcompiletheresultsand report the findings to the legislature in the annual Louisiana Health Report Card.

C.(1)Iftheresultsoftheriskassessmentindicatethatleadhazardswere found, thedepartmentshallnotifytheLouisianaDepartmentofHealthandthe stateDepartmentofEducation.Thefacilityshallnotcommenceoperationsuntil appropriate lead hazard control methods have been implemented and confirmed by the department.

(2) Once a report documenting the absence of lead hazards, either initially or after any known lead hazards have been addressed, is provided to thedepartment,theLouisianaDepartmentofHealth,andthestateDepartment of Education, no further lead hazard testing shall be required for opening by such owner, operator, or governing authority.

Further lead testing may be required if the owner, operator, or governing authority thereafter initiates majoralterationsofthefacilitythroughrenovationorremodeling.Furtherlead testing may also be required if lead hazards are thereafter found on the premises.

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:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

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274 ENROLLED the nature and extent of renovations completed.

The limited scope risk assessment shall include soil samples, if bare soil is present.

D.

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.

C.E.Thesecretarymayenterintoagreementsamemorandumofagreement with the Louisiana Department of Health and the state Department of Education to implement this Section.

F.

The state Department of Education shall provide notice of the requirements of this Section to facilities requiring licensure pursuant to R.S.