PRINTER'S NO. 1954

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

18

Session of

2015

INTRODUCED BY KITCHEN, COSTA, HAYWOOD, FONTANA, YUDICHAK,

HUGHES, SABATINA, ARGALL, TEPLITZ, WOZNIAK, GREENLEAF,

FARNESE, WILEY, WARD, BLAKE, SCHWANK AND BREWSTER,

duties as to supervision, providing for lead testing; and, in

departmental powers and duties as to licensing, providing for

lead testing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 13, 1967 (P.L.31, No.21), known

as the Human Services Code, is amended by adding sections to

read:

Section 912. Lead Testing.--(a) A person seeking to

operate, or to continue to operate, a children's institution

paint, dust and soil. A facility built prior to 1978 shall not

be required to test for lead levels in paint if the facility has

completed a full remediation or abatement of all lead paint and

has a certification of such from the Department of Environmental

Protection or an individual or laboratory accredited by the

Department of Environmental Protection.

(b) The department shall not permit initial operation of a

children's institution if the lead certification required under

subsection (a) has either of the following:

(1) Lead levels in water that are:

paint, dust and soil that are in excess of the level set by the

Environmental Protection Agency through its hazard standards for

lead in paint, dust and soil.

(c) The department shall require corrective action for

continued operation of a children's institution if the lead

certification required under subsection (a) has either of the

levels under subsection (b).

(d) This section shall not affect the department's authority

to refuse to permit the operation of a children's institution or

take any other action under any applicable statute or

day care center or family child care home shall submit a lead

certification from an individual or laboratory accredited by the

Department of Environmental Protection that includes the

following:

(1) lead levels in water; and

(2) for a facility built prior to 1978, lead levels in

paint, dust and soil. A facility built prior to 1978 shall not

be required to test for lead paint if the facility has completed

a full remediation or abatement of all lead paint and has a

certification of such from the Department of Environmental

(a) has either of the following:

(1) Lead levels in drinking water that are:

(i) in excess of the level set by the Environmental

Protection Agency in the national primary drinking water

regulations; and

(ii) in excess of the lead levels found by the Safe Drinking

Water Program under the Department of Environmental Protection.

(2) For a facility built before 1978, lead levels in paint,

dust and soil that are in excess of the level set by the

Environmental Protection Agency through its hazard standards for

conducting a boarding home for children, child day care, child

day care center or family child care home if the lead

certification required under subsection (a) has either of the

levels under subsection (b).

(d) This section shall not affect the department's authority

to refuse to issue or revoke a license in accordance with

section 1026 or take any other action under applicable statute

or regulation.

(e) The department shall provide every parent or legal

guardian who has a child enrolled in a boarding home for

child day care, child day care center or family child care home

holding a license from the department.

Section 2. Upon enactment by the General Assembly of

legislation establishing a Lead Superfund, within 30 days the

Department of Environmental Protection shall transmit notice to

the Legislative Reference Bureau for publication in the

Pennsylvania Bulletin.

and (c) of the act shall take effect upon publication of the

notice provided under section 2 of this act.

days.