HOUSE BILL NO. 5359
January 21, 2020, Introduced by Reps. Hood,
Whitsett, Coleman, Pohutsky, Garza, Gay-Dagnogo, Kennedy, Stone, Rabhi,
Yancey, Ellison, Sneller, Tate, Bolden, Manoogian, Anthony, Cherry, Hope,
Kuppa, Brixie, Sowerby, Sabo, Brenda Carter, Warren, Hammoud, Peterson,
Tyrone Carter, Lasinski, Wittenberg, Brann, Howell and Jones and referred
to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5456 (MCL 333.5456), as amended by 2002 PA 644.
the people of the state of michigan enact:
Sec. 5456. (1) "Department" means the department of community
health.
(1)
(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.
(2)
(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.
(3)
(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.
(4)
(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.
(b) Perform related work
practices as described in rules promulgated under this part.
(5)
(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.
(6)
(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 5 ug/dl.
(7)
(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.
(8)
(9) "Encapsulation" means the application of an
encapsulant.
(9)
(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.
(10)
(11) "EPA" means the United States environmental protection agency.Environmental Protection Agency.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5364 (request no. 02657'19).
(b) Senate Bill No.____ or House Bill No. 5360 (request no. 05130'19).