HOUSE BILL NO. 5368

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 5474 (MCL 333.5474), as added by 1998 PA 219, and by adding section 5456a.

the people of the state of michigan enact:

Sec. 5456a. (1) "Elevated blood lead level" or "EBL" means the lowest of the following:

(a) A concentration of lead in whole blood that exceeds 3.5 micrograms per deciliter.

(b) A concentration of lead in whole blood that exceeds the blood lead reference value for children, as determined by the Centers for Disease Control and Prevention.

(c) A concentration of lead in whole blood that exceeds the blood lead reference value for children, as determined by the department.

(2) "EBL environmental investigation" means both of the following:

(a) A study, for case management purposes, of the living environment of 1 or more children not more than 6 years of age with an elevated blood lead level performed by an EBL investigator to identify causative lead exposures.

(b) The provision of a report by the EBL investigator explaining the results of the study and options for remediation of exposures.

(3) "EBL investigator" means a certified risk assessor who has been endorsed by the department to conduct EBL environmental investigations.

(4) "Emergency renovation operations" means renovation activities that were not planned but result from a sudden, unexpected event, such as a nonroutine failure of equipment, that, if not immediately attended to, presents a safety or public health hazard or threatens equipment, property, or both with significant damage. Once the emergency is controlled, applicable laws and rules apply.

(5) "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.

(6) "Encapsulation" means the application of an encapsulant.

(7) "Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate to act as a barrier between lead-based paint and the environment.

(8) "EPA" means the United States Environmental Protection Agency.

(9) "Firm" means any of the following:

(a) A company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity.

(b) A federal, state, tribal, or local governmental agency.

(c) A nonprofit organization.

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, must, at a minimum, include 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 must be made available, upon on 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 by rule and that when the department receives notice of an elevated blood lead levels above 10 micrograms per deciliter, it level in a child, it shall initiate contact with the local public health department or the physician, or both, of the child whose blood lead level exceeds 10 micrograms per deciliter.is equal to the elevated blood lead level.

(2) The By January 1 of each year, the department shall report to the legislature by January 1, 1999, and annually thereafter, the number of children through age 6 who were screened for lead poisoning not more than 6 years of age who received a blood lead level test during the preceding fiscal calendar year and who were confirmed to have had elevated blood lead levels. above 10 micrograms per deciliter. The report shall must 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, By July 1 of each year, the department shall 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 must be given to the appropriate committees of the legislature and be made available to the general public upon on request.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4532 of the 102nd Legislature is enacted into law.