HCASB274 3209 4920 HOUSE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLby NO.House Committee on Natural Resources and Environment to Reengrossed 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 risk1, assessmentsline of2, certainafter facilities;"reenact" and before the comma "," change "R.S.

30:2351.28" to provide"R.S. for applicability;

to30:2351.1(7)(a) provideand for2351.28" notice;AMENDMENT NO.

to2 provideOn forpage authority1, ofline state4, departmentsafter to"certain" enterand agreements;before "facilities" insert "child-occupied" AMENDMENT NO.

to3 provideOn forpage related1, matters.line 7, after "Section 1." and before "hereby" delete "R.S.

Be30:2351.28 itis" enactedand byinsert the"R.S. Legislature of Louisiana:

Section30:2351.1(7)(a) 1.and 2351.28 are" AMENDMENT NO.

R.S.4 On page 1, between lines 7 and 8, insert the following:

30:2351.28"§2351.1. is hereby amended and reenacted to read as follows:

§2351.28.Definitions AsusedinthisChapter,unlessthecontextindicatesotherwise,thefollowing terms have the following meanings:

Data* collection* program* A.(7) "Child-occupied facility" means a building or portion of a building or common area, other than the child's principal residence, constructed prior to 1978, and meeting one of the following:

The(a) secretarymayestablishIs andvisited administerregularlybythe asame programchild, forwho theis collectionsix and,years analysis,of andage reportingor ofyounger, data on relatedat toleast leadtwo hazarddifferent detectiondays andwithin leadanyweek, hazardprovided reductionthat activitieseach inday's visit lasts at least three hours, that the state,combined weeklyvisits last at least six hours, and onthat the certification,combinedannualvisitslastatleastsixtyhours.Examplesofchild-occupiedfacilities accreditation,include but are not limited to public and enforcementnon-public activitieselementary ofschools, theday department.care centers, early learning centers, parks, playgrounds and community centers.

B.* * *" AMENDMENT NO.

The5 ownerOnpage1,attheendofline8,insertasemicolon";"and"certainchild-occupiedfacilities; 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.

Norequired inspection shall The results of the risk assessmentassessment" shallAMENDMENT beNO. attached to the original application for any license required by a state department for the facility to operate.

A6 riskOnpage1, assessmentshallnotberequiredifthefacilityoritsgroundshasbeeninspected,hasline15, hadafter"of"andbefore"any"insert"achild-occupied afacility,as riskdefined assessment,in orR.S. has been the subject of lead abatement or remediation since 1978.

If30:2351.1, aincluding" portionAMENDMENT ofNO. the facilityor its grounds has not been inspected, has not Page 1 of 3 Coding:

Words7 whichOn arepage struck2, throughline are2, deletionsafter from"school" existingand law;before "first" delete "and" and insert "which is" AMENDMENT NO.

words8 inOn boldfacepage type2, line 3, after "August 1," and underscoredbefore are"shall" additions.delete "2012," and insert "2026," Page 1 of 2 CODING:

SBWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored NO.are additions.

274HCASB274 ENROLLED3209 hadariskassessment,orhasnotbeenthesubjectofleadabatementorremediation4920 sinceAMENDMENT 1978,NO. then those portions of the facility or its grounds shall be subject to the provisions of this Section.

The9 ownerOn or,page operator2, ofat the facility,beginning orof governingline authority5, shallinsert maintain"paint, documentationdust, that the inspection or lead abatement and makesoil" availableAMENDMENT uponNO. 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.

Prior10 toOn issuancepage of2, abetween licenselines for25 operation, the owner, operator,or governing authority shall submit the results of the risk assessment to the department, the state Department of Education, and the26, Louisianainsert: Department of Health in a form and manner prescribed by the department.

The"C.(1) riskIf assessorthe andresults of the ownerrisk shallassessment reportindicate thosethat findingslead tohazards were found, the statedepartment healthshall officer,notify the Louisiana Department of Health,Health and the state Department ofEducation,andthesecretary.Thestatehealthofficershallcompiletheresultsandof reportEducation. the findings to the legislature in the annual Louisiana Health Report Card.

C.(1)IftheresultsoftheriskassessmentindicatethatleadhazardswereThe found,facility thedepartmentshallnotifytheLouisianaDepartmentofHealthandtheshall stateDepartmentofEducation.Thefacilityshallnotcommenceoperationsuntilnot commence operations until appropriate lead hazard control methods have been implemented and confirmed by the department.

Further lead testing may be required if the owner, operator, or governing authority thereafter initiates majoralterationsofthefacilitythroughrenovationorremodeling.Furtherleadmajor testingalterations mayof alsothe befacility requiredthrough ifrenovation leador hazardsremodeling. are thereafter found on the premises.

However,Further renovatedlead buildingstesting shallmay qualifyalso forbe arequired limitedif scopelead riskhazards assessmentare whenthereafter determinedfound appropriate by a certified risk assessor based on Pagethe 2premises. of 3 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

274 ENROLLED the nature and extent of renovations completed.

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

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.Subsection." AMENDMENT NO.

C.E.Thesecretarymayenterintoagreementsamemorandumofagreement11 withOn thepage Louisiana2, Departmentat ofthe Healthbeginning andof theline state26, Departmentchange of"C." Education to implement"E." thisAMENDMENT Section.NO.

F.12 On page 2, at the beginning of line 29, change "D." to "F." Page 2 of 2 CODING:

TheWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored stateare Departmentadditions. of Education shall provide notice of the requirements of this Section to facilities requiring licensure pursuant to R.S.

17:407.31 et seq.

For facilities not licensed by the state Department of Education, the Department of Education shall publish information regarding risk assessments.