June 12, 2018, Introduced by Reps. Hertel, Sabo, Rabhi, Green, Chang, Geiss, Lasinski, Elder, Yanez, Moss, Sowerby, LaGrand, Sneller, Yancey, Zemke, Cochran, Brinks, Chirkun, Singh, Durhal, Greig, Cambensy, Faris, Wittenberg, Phelps, Hammoud, Gay-Dagnogo and Jones and referred to the Committee on Natural Resources.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5453, 5454, 5456, 5457, 5458, 5459, 5474, and
5474b (MCL 333.5453, 333.5454, 333.5456, 333.5457, 333.5458,
333.5459, 333.5474, and 333.5474b), section 5453 as amended by 2008
PA 45, sections 5454, 5456, 5457, 5458, and 5459 as amended by 2002
PA 644, section 5474 as added by 1998 PA 219, and section 5474b as
added by 2004 PA 432; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5453. (1) "Abatement", except as otherwise provided in
subsection (2), means a measure or set of measures designed to
permanently
eliminate lead-based paint hazards. Abatement includes
all of the following:
(a) The removal of lead-based paint and dust lead hazards, the
permanent enclosure or encapsulation of lead-based paint, the
replacement of lead-painted surfaces or fixtures, the removal or
covering of soil lead hazards, and all preparation, cleanup,
disposal, and postabatement clearance testing activities associated
with
such these measures.
(b) A project for which there is a written contract or other
documentation that provides that a person will be conducting
activities in or to a residential dwelling or child occupied
facility that will result in the permanent elimination of lead-
based paint hazards or that are designed to permanently eliminate
lead-based paint hazards.
(c) A project resulting in the permanent elimination of lead-
based paint hazards, conducted by a person certified under this
part, except a project that is exempt from this part.
(d) A project resulting in the permanent elimination of lead-
based
paint hazards, conducted by a person who, through their his
or her company name or promotional literature, represents,
advertises,
or holds themselves himself
or herself out to be in the
business of performing lead-based paint activities except a project
that is exempt from this part.
(e) A project resulting in the permanent elimination of lead-
based paint hazards that is conducted in response to a state or
local government abatement order.
(f) The replacement of in-home plumbing and fixtures that may
contribute to lead exposure.
(g) The installation of water filters if testing determines
that the water source contains lead at a level higher than 5 ppb.
(2) Abatement does not include any of the following:
(a) Renovation, remodeling, landscaping, or other activity, if
the activity is not designed to permanently eliminate lead-based
paint hazards, but is instead designed to repair, restore, or
remodel a structure, target housing, or dwelling even though the
activity may incidentally result in a reduction or elimination of a
lead-based paint hazard.
(b) An interim control, operation, and maintenance activity,
or other measure or activity designed to temporarily, but not
permanently, reduce a lead-based paint hazard.
(c)
Any A lead-based paint activity performed by the owner of
an owner-occupied residential dwelling or an owner-occupied
multifamily dwelling containing 4 or fewer units if the activity is
performed only in that owner-occupied unit of the multifamily
dwelling.
(d) The scraping or removal of paint, painting over paint, or
other similar activity that may incidentally result in a reduction
or elimination of a lead-based paint hazard, if the activity meets
all of the following:
(i) The activity is performed only on residential or
multifamily dwellings containing 4 or fewer units.
(ii) The activity is coordinated by a nonprofit charitable or
volunteer organization that meets all of the following:
(A) Is in compliance with the procedures established under
subpart J of part 35 of title 24 of the code of federal
regulations, 24 CFR 35.900 to 35.940.
(B) Has written guidelines in place to ensure safe work
practices to protect residents and volunteers from hazards
including, but not limited to, lead exposure and asbestos exposure.
(C) In writing, discloses to the owner of the residential or
multifamily dwelling all of the following:
(I) The presence of any known lead-based paint and lead-based
paint hazards.
(II) Information regarding the lead safe housing registry
maintained by the department under section 5474b.
(III) Information regarding the owner's obligations under the
federal lead-based paint or lead-based paint hazard disclosure rule
under subpart F of part 745 of title 40 of the code of federal
regulations, 40 CFR 745.100 to 745.119.
(D) Notifies the department that the residential or
multifamily dwelling may be required to be on the lead safe housing
registry maintained by the department under section 5474b.
(iii) The activity is performed only by unpaid volunteers and
the organization receives no remuneration directly from the owner
or occupant of the residential dwelling or multifamily dwelling.
(iv) The activity does not involve the use of a lead-based
paint encapsulating product that requires certification from the
department.
(v) The activity does not involve the use of high-pressure
water or compressed air cleaning equipment on, the dry sanding of,
or the scraping of, asbestos siding prior to painting.
(3) "Accredited training program" means a training program
that has been accredited by the department under this part to
provide training for individuals engaged in lead-based paint
activities.
(4) "Adequate quality control" means a plan or design that
ensures the authenticity, integrity, and accuracy of a sample
including, but not limited to, a dust sample, a soil or paint chip
sample, or a paint film sample. Adequate quality control also
includes a provision in a plan or design described in this
subsection for representative sampling.
Sec. 5454. (1) "Certified abatement worker" means an
individual who has been trained to perform abatements by an
accredited training program and who is certified by the department
under this part to perform abatement.
(2) "Certified clearance technician" means an individual who
has completed an approved training course and been certified by the
department under this part to conduct clearance testing following
interim controls.
(3) "Certified firm" means a person that performs a lead-based
paint activity for which the department has issued a certificate of
approval under this part.
(4) "Certified inspector" means an individual who has been
trained by an accredited training program and certified by the
department under this part to conduct inspections and take samples
for
the presence of lead in paint, dust, and soil, and water for
the purposes of abatement clearance testing.
(5) "Certified project designer" means an individual who has
been trained by an accredited training program and certified by the
department under this part to prepare abatement project designs,
occupant protection plans, and abatement reports.
(6) "Certified risk assessor" means an individual who has been
trained by an accredited training program and certified by the
department under this part to conduct inspections and risk
assessments and to take samples for the presence of lead in paint,
dust,
and soil, and water for the purposes of abatement clearance
testing and determining the need for water filters.
(7) "Certified supervisor" means an individual who has been
trained by an accredited training program and certified by the
department under this part to supervise and conduct abatements and
to prepare occupant protection plans and abatement reports.
(8) "Child occupied facility" means a building or portion of a
building constructed before 1978 that is visited regularly by a
child who is 6 years of age or less, on at least 2 different days
within a given week, if each day's visit is at least 3 hours and
the
combined weekly visit is visits
are at least 6 hours, in
length,
and the combined annual visits are
at least 60 hours. in
length.
Child occupied facility includes,
but is not limited to, a
day-care center, a preschool, and a kindergarten classroom.
Sec.
5456. (1) "Department" means the department of community
health and human services.
(2) "Deteriorated paint" means paint or other surface coating
that is cracking, flaking, chipping, peeling, or otherwise damaged
or separating from the substrate of a building component.
(3) "Discipline" means 1 of the specific types or categories
of lead-based paint activities identified in this part for which an
individual may receive training from an accredited training program
and become certified by the department.
(4) "Distinct painting history" means the application history,
as indicated by its visual appearance or a record of application,
over time of paint or other surface coatings to a component or
room.
(5) "Documented methodology" means a method or protocol used
to do either or both of the following:
(a) Sample and test for the presence of lead in paint, dust,
and
soil, and water.
(b) Perform related work practices as described in rules
promulgated under this part.
(6) "Dust lead hazard" means surface dust in a residential
dwelling or child occupied facility that contains a concentration
of lead at or in excess of levels identified by the EPA pursuant to
section 403 of title IV of the toxic substances control act, Public
Law
94-469, 15 U.S.C. USC 2683, or as otherwise defined by rule.
(7) "Elevated blood level" or "EBL" means for purposes of lead
abatement an excessive absorption of lead that is a confirmed
concentration
of lead in whole blood of 20 ug/dl
, (micrograms of
lead
per deciliter of whole blood) , for a
single venous test or of
15-19 ug/dl in 2 consecutive tests taken 3 to 4 months apart. For
purposes of case management of children 6 years of age or less,
elevated blood level means an excessive absorption of lead that is
a confirmed concentration of lead in whole blood of 10 ug/dl.
(8) "Encapsulant" means a substance that forms a barrier
between lead-based paint and the environment using a liquid-applied
coating, with or without reinforcement materials, or an adhesively
bonded covering material.
(9) "Encapsulation" means the application of an encapsulant.
(10) "Enclosure" means the use of rigid, durable construction
materials
that are mechanically fastened to the substrate in order
to act as a barrier between lead-based paint and the environment.
(11)
"EPA" means the United States environmental protection
agency.Environmental Protection Agency.
(12) "Fund" means the lead-safe homes fund created in section
5474d.
Sec. 5457. (1) "Guest instructor" means an individual
designated by the manager or principal instructor of an accredited
training program to provide instruction specific to the lecture,
hands-on activities, or work practice components of a course in the
accredited training program.
(2) "Hands-on skills assessment" means an evaluation that
tests a trainee's ability to satisfactorily perform the work
practices, work procedures, or any other skill taught in an
accredited training program.
(3)
"Hazardous waste" means waste as defined in 40 C.F.R. CFR
261.3.
(4) "Inspection" means a surface-by-surface investigation in
target housing or a child occupied facility to determine the
presence of lead-based paint or a water test to indicate lead in
water used for drinking water or other household purposes and the
provision of a report explaining the results of the investigation.
(5) "Interim controls" means a set of measures designed to
temporarily reduce human exposure or likely exposure to lead-based
paint hazards including, but not limited to, specialized cleaning,
repairs, maintenance, painting, temporary containment, ongoing
monitoring
of lead-based paint hazards or potential hazards, and
the establishment and operation of management and resident
education programs.
Sec. 5458. (1) "Lead-based paint" means paint or other surface
coatings that contain lead equal to or in excess of 1.0 milligrams
per square centimeter or more than 0.5% by weight.
(2) "Lead-based paint activity" means inspection, risk
assessment, and abatement in target housing and child occupied
facilities or in any part thereof.
(3) "Lead-based paint hazard" means any of the following
conditions:
(a) Any lead-based paint on a friction surface that is subject
to
abrasion and where if the lead dust levels on the nearest
horizontal surface are equal to or greater than the dust lead
hazard levels identified in rules promulgated under this part.
(b)
Any damaged or otherwise deteriorated lead-based paint on
an
impact surface that is caused by damaged or otherwise
deteriorated as a result of impact from a related building
component.
(c) Any chewable lead-based painted surface on which there is
evidence of teeth marks.
(d)
Any other deterioriated deteriorated
lead-based paint in
or on any residential building or child occupied facility.
(e) Surface dust in a residential dwelling or child occupied
facility that contains lead in a mass-per-area concentration equal
to or exceeding the levels established by rules promulgated under
this part.
(f) Bare soil on residential real property or property of a
child occupied facility that contains lead equal to or exceeding
levels established by rules promulgated under this part.
(4)
"Lead-based paint investigation" means an activity
designed
to determine the presence of lead-based paint, or lead-
based paint hazards, or lead in water used for drinking water or
other household purposes in target housing and child occupied
facilities.
(5) "Living area" means an area of a residential dwelling used
by 1 or more children age 6 and under including, but not limited
to, a living room, kitchen area, den, playroom, and a children's
bedroom.
Sec. 5459. (1) "Multifamily dwelling" means a structure that
contains more than 1 separate residential dwelling unit and that is
used or occupied, or intended to be used or occupied, in whole or
in part, as the home or residence of 1 or more persons.
(2) "Paint in poor condition" means 1 or more of the
following:
(a) More than 10 square feet of deteriorated paint on an
exterior component with a large surface area.
(b) More than 2 square feet of deteriorated paint on an
interior component with large surface areas.
(c) More than 10% of the total surface area of the component
is deteriorated on an interior or exterior component with a small
surface area.
(3) "Permanently covered soil" means soil that has been
separated from human contact by the placement of a barrier
consisting of solid, relatively impermeable materials including,
but not limited to, pavement or concrete but not including grass,
mulch, or other landscaping materials.
(4) "Person" means that term as defined in section 1106 but
including
the this state and a political subdivision of the this
state.
(5) "Principal instructor" means the individual who has the
primary responsibility for organizing and teaching a particular
course in an accredited training program.
(6) "Recognized laboratory" means an environmental laboratory
recognized by the EPA pursuant to section 405 of title IV of the
toxic
substances control act, Public Law 94-469, 15 U.S.C. USC
2685, as being capable of performing an analysis for lead compounds
in paint, soil, and dust.
(7) "Reduction" means a measure designed to reduce or
eliminate human exposure to a lead-based paint hazard through
methods including, but not limited to, interim controls and
abatement.
(8) "Residential dwelling" means either of the following:
(a) A detached single family dwelling unit, including, but not
limited to, attached structures such as porches and stoops and
accessory structures such as garages, fences, and nonagricultural
or noncommercial outbuildings.
(b) A building structure that contains more than 1 separate
residential dwelling unit that is used or occupied, in whole or in
part, as the home or residence of 1 or more persons.
(9) "Risk assessment" means both of the following:
(a) An on-site investigation in target housing or a child
occupied facility to determine the existence, nature, severity, and
location of a lead-based paint hazard.
(b) The provision of a report by the person conducting the
risk assessment explaining the results of the investigation and
options for reducing the lead-based paint hazard or lead in water
used for drinking water or other household purposes.
(10)
"Soil lead hazard" means bare soil on at a
residential
dwelling or on the property of a child occupied facility that
contains lead at or in excess of levels identified by the EPA
pursuant to section 403 of title IV of the toxic substances control
act,
Public Law 94-469, 15 U.S.C. USC
2683, or as otherwise defined
by rule.
Sec. 5474. (1) The department shall establish a lead poisoning
prevention program that has the following components:
(a) A coordinated and comprehensive plan to prevent childhood
lead poisoning and to minimize exposure of the general public to
lead-based
paint hazards.
(b) A comprehensive educational and community outreach program
regarding
lead poisoning prevention that, shall, at a minimum,
include
includes the development of appropriate educational
materials targeted to health care providers, child care providers,
public schools, owners and tenants of residential dwellings, and
parents of young children. These educational materials shall be
made available, upon request, to local and state community groups,
legal services organizations, and tenants' groups.
(c) A technical assistance system for health care providers to
assist those providers in managing cases of childhood lead
poisoning. As part of this system, the department shall require
that
results of all blood lead level tests conducted in Michigan
this state be reported to the department as provided for in rule
and that when the department receives notice of blood lead levels
above
10 5 micrograms per deciliter, it shall initiate contact
with
the local public health department or the physician, or both, of
the
child whose blood lead level exceeds 10 5 micrograms per
deciliter.
(2) The department shall report to the legislature by January
1 ,
1999, and annually thereafter, each
year the number of children
through age 6 who were screened for lead poisoning during the
preceding fiscal year and who were confirmed to have had blood lead
levels
above 10 5 micrograms per deciliter. The report shall
compare these rates with those of previous fiscal years and the
department shall recommend methods for improving compliance with
guidelines
issued by the federal centers for disease control and
prevention,
Centers for Disease Control
and Prevention, including
any necessary legislation or appropriations.
(3)
Not more than 1 year after the effective date of this
part,
and annually thereafter, the The
department shall annually
prepare a written report regarding the expenditures under the lead
poisoning prevention program including the amounts and sources of
money from the previous year and a complete accounting of its use.
The report shall be given to the appropriate committees of the
legislature and be made available to the general public upon
request.
Sec.
5474b. (1) The department in cooperation with the family
independence
agency and the Michigan state
housing development
authority shall establish and maintain a registry, to be known as
the "lead safe housing registry", to provide the public with a
listing of residential and multifamily dwellings and child occupied
facilities that have been abated of or have had interim controls
performed to control lead in water used for drinking water or other
household
purposes and lead-based paint hazards
as determined
through
a lead-based paint investigation performed by a certified
risk assessor certified under this part.
(2) The owner of target housing that is offered for rent or
lease as a residence or the owner of a child occupied facility
shall register that property with the department if that property
has been abated of or has had interim controls performed to control
lead-based
paint hazards as determined through a lead-based paint
investigation performed by a certified risk assessor certified
under this part in a form as prescribed by the department free of
charge. The form shall include, at a minimum, the following:
(a) Name of the owner of the building.
(b) Address of the building.
(c) Date of construction.
(d) Date and description of any lead-based paint activity
including the name of the certified abatement worker or the
certified risk assessor certified under this part who performed the
abatement or conducted the inspection, lead-hazard screen,
assessment, or clearance testing of the building and the results of
the lead-based paint activity.
(e) Date and description of measures conducted to abate lead
in water used for drinking water or other household purposes.
(3) An owner required to register his or her property under
subsection (2) shall provide the department with a copy of each
report, document, or other information that is required to be filed
with the federal government under federal law and regulations
related to lead-based paint.
(4) The owner of any other residential or multifamily dwelling
that is offered for rent or lease as a residence or the owner of a
child occupied facility may register that property with the
department and the department shall include that property on the
lead safe housing registry. A person who wishes to register under
this subsection shall execute and return the registration form to
the department with payment of the registration fee in an amount as
prescribed by the department.
(5) The department shall publish the lead safe housing
registry on its website and provide a copy of the registry to a
person upon request. The department may charge a reasonable, cost-
based fee for providing copies of the lead safe housing registry
under this subsection.
Enacting section 1. Section 5474b of the public health code,
1978 PA 368, MCL 333.5474b[1], is repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6243 (request no.
06187'18).
(b) Senate Bill No.____ or House Bill No. 6246 (request no.
06529'18).
(c) Senate Bill No.____ or House Bill No. 6244 (request no.
06530'18).
(d) Senate Bill No.____ or House Bill No. 6245 (request no.
06531'18).
Enacting section 3. This amendatory act does not take effect
unless the question provided for in the clean Michigan initiative
reauthorization act is approved by a majority of the registered
electors voting on the question at the next general election.