GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

H                                                                                                                                                    2

HOUSE BILL 354

Committee Substitute Favorable 4/7/03

Short Title:     Child Lead Poisoning Prevention Prgm Amends.-AB	(Public)
Sponsors:
Referred to:

March 6, 2003

A BILL TO BE ENTITLED

AN ACT to amend the law regarding the prevention and control of lead poisoning in Children.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 130A‑131.7 reads as rewritten:

"§ 130A‑131.7. Definitions.

As used in this Part, unless the context requires otherwise, the term:The following definitions apply in this Part:

(1)       "Abatement" means undertaking any of the following measures to eliminate a lead‑based paint hazard:

a.         Removing lead‑based paint from a surface and repainting the surface.

b.         Removing a component, such as a windowsill, painted with lead‑based paint and replacing the component.

c.         Enclosing a surface painted with lead‑based paint with paneling, vinyl siding, or another approved material.

d.         Encapsulating a surface painted with lead‑based paint with a sealant.

e.         Any other measure approved by the Commission.

(2)       "Child‑occupied facility" means a building, or portion of a building, constructed prior tobefore 1978, regularly visited by a child who is less than 6 six years of age. Child‑occupied facilities may include, but are not limited to, child care facilities, preschools, nurseries, kindergarten classrooms, schools, clinics, or treatment centers including the common areas, the grounds, any outbuildings, or other structures appurtenant to the facility.

(3)       "Confirmed lead poisoning" means a blood lead concentration of 20 micrograms per deciliter or greater determined by the lower of two consecutive blood tests within a six‑month period.

(4)       "Department" means the Department of Environment and Natural Resources or its authorized agent.

(5)       "Elevated blood lead level" means a blood lead concentration of 10 micrograms per deciliter or greater determined by the lower of two consecutive blood tests within a six‑month period.

(6)       "Lead‑based paint hazard" means a condition that is likely to cause adverse health effects as a result of in exposure to lead‑based paint or to soil or dust that contains lead derived from lead‑based paint.at a concentration that constitutes a lead poisoning hazard.

(7)       "Lead poisoning hazard" means any of the presence of readily accessible or mouthable lead‑bearing substances, including lead‑based paint, measuring 1.0 milligram per square centimeter or greater by X‑ray fluorescence or five‑tenths of one percent (0.5%) or greater by chemical analysis; or 15 parts per billion or greater in drinking water; or 100 micrograms per square foot or greater for dust on floors; or 500 micrograms per square foot or greater for dust on windowsills; or 800 micrograms per square foot or greater for dust in window troughs, or soil lead concentrations in an amount greater than or equal to 400 parts per million that is determined by the Department to present a hazard in light of (i) the condition and use of the land and (ii) other relevant factors.following:

a. Any lead-based paint or other substance that contains lead in an amount equal to or greater than 1.0 milligrams lead per square centimeter as determined by X-ray fluorescence or five-tenths of a percent (0.5%) lead by weight as determined by chemical analysis: (i) on any readily accessible substance or chewable surface on which there is evidence of teeth marks or mouthing; or (ii) on any other deteriorated or otherwise damaged interior or exterior surface.

b. Any substance that contains lead intended for use by children less than six years of age in an amount equal to or greater than 0.06 percent (0.06%) lead by weight as determined by chemical analysis.

c. Any concentration of lead dust that is equal to or greater than  40 micrograms per square foot on floors or 250 micrograms per square foot on interior windowsills, vinyl miniblinds, bathtubs, kitchen sinks, or lavatories.

d. Any lead-based paint or other substance that contains lead on a friction or impact surface that is subject to abrasion, rubbing, binding, or damage by repeated contact and where the lead dust concentrations on the nearest horizontal surface underneath the friction or impact surface are equal to or greater than 40 micrograms per square foot on floors or 250 micrograms per square foot on interior windowsills.

e. Any concentration of lead in bare soil in play areas, gardens, pet sleeping areas, and areas within three feet of a residential housing unit or child-occupied facility equal to or greater than 400 parts per million. Any concentration of lead in bare soil in other locations of the yard equal to or greater than 1,200 parts per million.

f. Any ceramic ware generating equal to or greater than three micrograms of lead per milliliter of leaching solution for flatware or 0.5 micrograms of lead per milliliter for cups, mugs, and pitchers as determined by Method 973.32 of the Association of Official Analytical Chemists.

g. Any concentration of lead in drinking water equal to or greater than 15 parts per billion.

(8)       "Lead‑safe housing" is housing that was built since 1978 or has been tested by a person that has been certified to perform risk assessments and found to have no lead‑based paint hazard within the meaning of the Residential Lead‑Based Paint Reduction Act of 1992, 42 U.S.C. § 4851b(15).

(9)       "Maintenance standard" means the following:

a.         Using safe work practices, repairing and repainting areas of deteriorated paint inside a residential housing unit and for single‑family and duplex residential dwelling built prior tobefore 1950, repairing and repainting areas of deteriorated paint on interior and exterior surfaces;

b.         Cleaning the interior of the unit to remove dust that constitutes a lead poisoning hazard;

c.         Adjusting doors and windows to minimize friction or impact on surfaces;

d.         Subject to the occupant's approval, appropriately cleaning any carpets;

e.         Taking such steps as are necessary to ensure that all interior surfaces on which dust might collect are readily cleanable; and

f.          Providing the occupant or occupants all information required to be provided under the Residential Lead‑Based Paint Hazard Reduction Act of 1992, and amendments thereto.

(10)     "Managing agent" means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are leased.

(11)     "Mouthable lead‑bearing substance" means any substance on surfaces or fixtures five feet or less from the floor or ground that form a protruding corner or similar edge, or protrude one‑half inch or more from a flat wall surface, or are freestanding, containing lead‑contaminated dust at a level that constitutes a lead poisoning hazard. Mouthable surfaces or fixtures include toys, vinyl miniblinds, doors, door jambs, stairs, stair rails, windows, windowsills, and baseboards.

(12)     "Persistent elevated blood lead level" means a blood lead concentration of 15‑19 micrograms per deciliter determined by the lowest of three consecutive blood tests. The first two blood tests shall be performed within a six‑month period, and the third blood test shall be performed at least 12 weeks and not more than six months after the second blood test.

(13)     "Readily accessible lead‑bearing substance" means any substance containing lead at a level that constitutes a lead poisoning hazard whichthat can be ingested or inhaled by a child under 6less than six years of age. Readily accessible substances include deteriorated paint that is peeling, chipping, cracking, flaking, or blistering to the extent that the paint has separated from the substrate. Readily accessible substances also include soil, water,water, toys, vinyl miniblinds, bathtubs, lavatories, doors, door jambs, stairs, stair rails, windows, interior windowsills, baseboards, and paint that is chalking.

(14)     "Regularly visits" means the presence at a residential housing unit or child‑occupied facility on at least two different days within any week, provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours.

(15)     "Remediation" means the elimination or control of lead poisoning hazards by methods approved by the Department.

(16)     "Residential housing unit" means a dwelling, dwelling unit, or other structure, all or part of which is designed or used for human habitation, including the common areas, the grounds, any outbuildings, or other structures appurtenant to the residential housing unit.

(17)     "Supplemental address" means a residential housing unit or child‑occupied facility where a child with a persistent elevated blood lead level or a confirmed lead poisoning regularly visits or attends. Supplemental address also means a residential housing unit or child‑occupied facility where a child resided, regularly visited, or attended within the six months immediately preceding the determination of a persistent elevated blood lead level or a confirmed lead poisoning."

SECTION 2.  G.S. 130A‑131.8 reads as rewritten:

"§ 130A‑131.8.  Reports of blood levels in children.

All laboratories doing business in this State shall report to the Department all blood lead levels of one microgram per deciliter or greatertest results for children less than 6 six years of age and for individuals whose ages are unknown at the time of testing. Reports shall be made within five working days after test completion on forms provided by the Department or on self‑generated forms containing: the child's full name, date of birth, sex, race, address, and Medicaid number, if any; the name, address, and telephone number of the requesting health care provider; the name, address, and telephone number of the testing laboratory; the laboratory results, the specimen type – venous or capillary; the laboratory sample number, and the dates the sample was collected and analyzed. SuchThe reports may be made by electronic submissions."

SECTION 3.  G.S. 130A‑131.9 reads as rewritten:

"§ 130A‑131.9.  Examination and testing.

When the Department has a reasonable suspicion that a child less than 6 six years of age has a persistent an elevated blood lead level or a confirmed lead poisoning, the Department may require that child to be examined and tested within 30 days. The Department shall require from the owner, managing agent, or tenant of the residential housing unit or child‑occupied facility information on each child who resides in, regularly visits, or attends, or, who has within the past six months, resided in, regularly visited, or attended the unit or facility. The information required shall include each child's name and date of birth, the names and addresses of each child's parents, legal guardian, or full‑time custodian. The owner, managing agent, or tenant shall submit the required information within 10 days of receipt of the request from the Department."

SECTION 4.  G.S. 130A‑131.9A reads as rewritten:

"§ 130A‑131.9A.  Investigation to identify lead poisoning hazards.

(a)       When the Department learns of a persistent elevated blood lead level or a confirmed lead poisoning, the Department shall conduct an investigation to identify the lead poisoning hazards to children. The Department shall investigate the residential housing unit or child-occupied facility where the child with the persistent elevated blood lead level or the confirmed lead poisoning resides, regularly visits, or attends.resides. The Department shall also investigate the supplemental addresses of the child who has a persistent elevated blood lead or a confirmed lead poisoning.

(a1) When the Department learns of an elevated blood lead level, the Department shall, upon informed consent, investigate the residential housing unit where the child with the elevated blood level resides. When consent to investigate is denied, the child with the elevated blood lead level cannot be located, or the child's parent or guardian fails to respond, the Department shall document the denial of consent, inability to locate, or failure to respond.

(b)       The Department shall also conduct an investigation when it reasonably suspects that a lead poisoning hazard to children exists in a residential housing unit or child‑occupied facility occupied, regularly visited, or attended by a child less than 6 six years of age.

(c)       In conducting an investigation, the Department may take samples of surface materials, or other materials suspected of containing lead, for analysis and testing. If samples are taken, chemical determination of the lead content of the samples shall be by atomic absorption spectroscopy or equivalent methods approved by the Department."

SECTION 5.  G.S. 130A‑131.9B reads as rewritten:

"§ 130A‑131.9B.  Notification.

Upon determination that a lead poisoning hazard exists, the Department shall give written notice of the lead poisoning hazard to the owner or managing agent of the residential housing unit or child‑occupied facility and to all persons residing in, attending, or regularly visiting the unit or facility. The written notice to the owner or managing agent shall include a list of possible methods of abatement of the lead based paint hazards and of possible methods of remediation of any other lead poisoning hazard. remediation."

SECTION 6.  G.S. 130A‑131.9C reads as rewritten:

"§ 130A‑131.9C.  Abatement and remediation.Remediation.

(a)       Upon determination that a child less than 6 six years of age has a confirmed lead poisoning of 20 micrograms per deciliter or greater and that child resides in, attends, or regularly visits,in a residential housing unit or child-occupied facility containing lead poisoning hazards, the Department shall require abatement of the lead-based paint hazards and the remediation of other the lead poisoning hazards. The Department shall also require the abatement of the lead-based paint hazards and the remediation of other the lead poisoning hazards identified at the supplemental addresses of a child less than 6 six years of age with a confirmed lead poisoning of 20 micrograms per deciliter or greater.

(b)       When abatement of lead-based paint hazards or remediation of other lead poisoning hazards is required under subsection (a) of this section, the owner or managing agent shall submit a written remediation plan to the Department within 14 days of receipt of the lead poisoning hazard notification and shall obtain written approval of the plan prior tobefore initiating abatement of lead-based paint hazards or remediation of other lead poisoning hazards.activities. The remediation plan shall comply with subsections (g), (h), and (i) of this section.

(c)       If the remediation plan submitted fails to meet the requirements of this section, the Department shall issue an order requiring submission of a modified plan. The order shall indicate the modifications which that shall be made to the remediation plan and the date by whichthat the plan as modified shall be submitted to the Department.

(d)       If the owner or managing agent does not submit a remediation plan within 14 days, the Department shall issue an order requiring submission of a remediation plan within five days of receipt of the order.

(e)       The owner or managing agent shall notify the Department and the occupants of the dates of remediation activities at least three days prior to thebefore commencement of the activities.

(f)        Abatement of lead-based paint hazards and remediationRemediation of other the lead poisoning hazards shall be completed within 60 days of the Department's approval of the remediation plan. If these the remediation activities are not completed within 60 days as required,days, the Department shall issue an order requiring completion of the activities. An owner or managing agent may apply to the Department for an extension of the deadline. The Department may issue an order extending the deadline for 30 days upon proper written application by the owner or managing agent.

(g)       The All of the following methods of abatement remediation of lead‑based paint hazards are prohibited:

(1)       Stripping paint on‑site with methylene chloride‑based solutions;solutions.

(2)       Torch or flame burning;burning.

(3)       Heating paint with a heat gun above 1,100 degrees Fahrenheit;Fahrenheit.

(4)       Covering with new paint or wallpaper unless all readily accessible lead‑based paint has been removed;removed.

(5)       Uncontrolled abrasive blasting; or blasting, machine sanding, or grinding, except when used with High Efficiency Particulate Air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at ninety-nine and seven-tenths percent (99.7%) or greater efficiency.

(6)       Uncontrolled waterblasting.

(7) Dry scraping, unless used in conjunction with heat guns, or around electrical outlets, or when treating no more than two square feet on interior surfaces, or no more than 20 square feet on exterior surfaces.

(h)       All lead‑containing waste and residue shall be removed and disposed of in accordance with applicable federal, State, and local laws and rules. Other substances containing lead that are intended for use by children less than six years of age and vinyl miniblinds that constitute a lead poisoning hazard shall be removed and disposed of in accordance with applicable federal, State, and local laws and rules.

(i)        All remediation plans shall require that the lead poisoning hazards be reduced to below the following levels:

(1)       Floor lead dust levelsLess are less than 100 40 micrograms per square foot;foot for lead dust on floors.

(2)       Windowsill lead dust levels are lessLess than 500 250 micrograms per square foot;foot for lead dust on interior windowsills, bathtubs, kitchen sinks, and lavatories.

(3)       Window trough lead dust levels are lessLess than 800 400 micrograms per square foot;foot for lead dust on window troughs.

(4)       Soil lead levels are lessLess than 400 parts per million or such other level higher than 400 parts per million as determined by the Department to prevent a hazard in light of the condition and use of the land and in light of other relevant factors; andfor lead in bare soil in play areas, gardens, pet sleeping areas, and areas within three feet of the residential housing unit or child-occupied facility. Lead in bare soil in other locations of the yard shall be reduced to less than 1,200 parts per million.

(5)       Drinking water lead levels less Less than 15 parts per billion. billion for lead in drinking water.

(j)        The Department shall verify by visual inspection that the approved remediation plan has been completed. The Department may also verify plan completion by residual lead dust monitoring and soil or drinking water lead level measurement.

(j1)      Compliance with the maintenance standard satisfies the remediation requirements for confirmed lead poisoning cases identified on or after 1 October 1990 as long as all lead poisoning hazards identified on interior and exterior surfaces are addressed by remediation. Except for owner‑occupied residential housing units, continued compliance shall be verified by means of an annual monitoring inspection conducted by the Department. For owner‑occupied residential housing units, continued compliance shall be verified (i) by means of an annual monitoring inspection, (ii) by documentation that no child less than six years of age has resided in or regularly visited the residential housing unit within the past year, or (iii) by documentation that no child less than six years of age residing in or regularly visiting the unit has an elevated blood lead level.

(k)       Removal of children from the residential housing unit or child‑occupied facility shall not constitute abatement or remediation if the property continues to be used for a residential housing unit or child‑occupied facility.facility. The remediation requirements imposed in subsection (a) of this section apply so long as the property continues to be used as a residential housing unit or child-occupied facility."

SECTION 7.  G.S. 130A‑131.9G reads as rewritten:

"§ 130A‑131.9G.  Resident responsibilities.

In any residential housing unit occupied by a child less than 6 six years old of age who has an elevated blood lead level of 10 micrograms per deciliter or greater, the Department shall advise, in writing, the owner or managing agent and the child's parents or legal guardian as toof the importance of carrying out routine cleaning activities in the units they occupy, own, or manage. Such The cleaning activities shall include:include all of the following:

(1)       Wiping clean all windowsills with a damp cloth or sponge at least weekly;weekly.

(2)       Regularly washing all surfaces accessible to children;children.

(3)       In the case of a leased residential housing unit, identifying any deteriorated paint in the unit and notifying the owner or managing agent of such the conditions within 72 hours of discovery; anddiscovery.

(4)       Identifying and understanding potential lead poisoning hazards in the environment of each child under the age of 6 less than six years of age in the unit (including toys, vinyl miniblinds, playground equipment, drinking water, soil, and painted surfaces), and taking steps to prevent children from ingesting lead such as encouraging children to wash their faces and hands frequently and especially after playing outdoors."

SECTION 8.  This act becomes effective  1 July 2003.