Amendment vs bill House Committee Amendment, #5141, THPW, Adopted vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Regular Session ENROLLED SENATE BILL NO.
HCASB274 1765 5141 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Natural Resources to Reengrossed Senate Bill No.
274 BY SENATORS EDMONDS, CARTER AND MCMATH AN ACT ToamendandreenactR.S.30:2351.28,relativetoenvironmentalquality;toprovidefordata and records related to lead hazard detection;
274 by Senator Edmonds AMENDMENT NO.
to provide for risk assessments of certain facilities;
1 On page 1, line 2, after "reenact" and before the comma "," change "R.S.
to provide for applicability;
30:2351.28" to "R.S.
to provide for notice;
30:2351.1(7)(a) and 2351.28" AMENDMENT NO.
to provide for authority of state departments to enter agreements;
2 On page 1, line 4, after "certain" and before "facilities" insert "child-occupied" AMENDMENT NO.
to provide for related matters.
3 On page 1, line 7, after "Section 1." and before "hereby" delete "R.S.
Be it enacted by the Legislature of Louisiana:
30:2351.28 is" and insert "R.S.
Section 1.
30:2351.1(7)(a) and 2351.28 are" AMENDMENT NO.
R.S.
4 On page 1, between lines 7 and 8, insert the following:
30:2351.28 is hereby amended and reenacted to read as follows:
"§2351.1.
§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 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.
(a) Is visited regularlybythe same child, who is six years of age or younger, on at least two different days within anyweek, provided that each day's visit lasts at least three hours, that the combined weeklyvisits last at least six hours, and that the combinedannualvisitslastatleastsixtyhours.Examplesofchild-occupiedfacilities include but are not limited to public and non-public elementary schools, day care centers, early learning centers, parks, playgrounds and community centers.
B.
* * *" AMENDMENT NO.
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.
5 Onpage1,attheendofline8,insertasemicolon";"and"certainchild-occupiedfacilities;
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.
required risk assessment" AMENDMENT NO.
A risk assessmentshallnotberequiredifthefacilityoritsgroundshasbeeninspected,has had a risk assessment, or has been the subject of lead abatement or remediation since 1978.
6 Onpage1, line15, after"of"andbefore"any"insert"achild-occupied facility,as defined in R.S.
If a portion of the facilityor its grounds has not been inspected, has not Page 1 of 3 Coding:
30:2351.1, including" AMENDMENT NO.
Words which are struck through are deletions from existing law;
7 On page 2, line 2, after "school" and before "first" delete "and" and insert "which is" AMENDMENT NO.
words in boldface type and underscored are additions.
8 On page 2, line 3, after "August 1," and before "shall" delete "2012," and insert "2026," Page 1 of 2 CODING:
SB NO.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
274 ENROLLED hadariskassessment,orhasnotbeenthesubjectofleadabatementorremediation since 1978, then those portions of the facility or its grounds shall be subject to the provisions of this Section.
HCASB274 1765 5141 AMENDMENT NO.
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.
9 On page 2, at the beginning of line 5, insert "paint, dust, and soil" AMENDMENT NO.
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.
10 On page 2, between lines 25 and 26, insert:
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) If the results of the risk assessment indicate that lead hazards were found, the department shall notify the Louisiana Department of Health and the state Department of Education.
C.(1)Iftheresultsoftheriskassessmentindicatethatleadhazardswere found, thedepartmentshallnotifytheLouisianaDepartmentofHealthandthe stateDepartmentofEducation.Thefacilityshallnotcommenceoperationsuntil appropriate lead hazard control methods have been implemented and confirmed by the department.
The facility shall not 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.Furtherlead testing may also be required if lead hazards are thereafter found on the premises.
Further lead testing may be required if the owner, operator, or governing authority thereafter initiates major alterations of the facility through renovation or remodeling.
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:
Further lead testing may also be required if lead hazards are thereafter found on the premises.
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.
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." AMENDMENT NO.
C.E.Thesecretarymayenterintoagreementsamemorandumofagreement with the Louisiana Department of Health and the state Department of Education to implement this Section.
11 On page 2, at the beginning of line 26, change "C." to "E." AMENDMENT NO.
F.
12 On page 2, at the beginning of line 29, change "D." to "F." Page 2 of 2 CODING:
The state Department of Education shall provide notice of the requirements of this Section to facilities requiring licensure pursuant to R.S.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
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.
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PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 3 of 3 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.