2010 California Code
Health and Safety Code
Chapter 5. Childhood Lead Poisoning Prevention

105275.  This chapter shall be known, and may be cited as, the
Childhood Lead Poisoning Prevention Act of 1991.



105280.  For purposes of this chapter, the following definitions
apply:
   (a) "Appropriate case management" means health care referrals,
environmental assessments, and educational activities, performed by
the appropriate person, professional, or entity, necessary to reduce
a child's exposure to lead and the consequences of the exposure, as
determined by the United States Centers for Disease Control, or as
determined by the department pursuant to Section 105300.
   (b) "Lead poisoning" means the disease present when the
concentration of lead in whole venous blood reaches or exceeds levels
constituting a health risk, as specified in the most recent United
States Centers for Disease Control guidelines for lead poisoning as
determined by the department, or when the concentration of lead in
whole venous blood reaches or exceeds levels constituting a health
risk as determined by the department pursuant to Section 105300.
   (c) "Department" means the State Department of Health Services.
   (d) "Health assessment" has the same meaning as prescribed in
Section 6800 of Title 17 of the California Code of Regulations.
   (e) "Screen" means the medical procedure by which the
concentration of lead in whole venous blood is measured.
   (f) "Health care" means the identification, through evaluation and
screening, if indicated, of lead poisoning, as well as any followup
medical treatment necessary to reduce the elevated blood lead levels.
   (g) "Environmental lead contamination" means the persistent
presence of lead in the environment, in quantifiable amounts, that
results in ongoing and chronic exposure to children.



105285.  (a) After July 1, 1992, but on or before July 1, 1993, the
department shall adopt regulations establishing a standard of care,
at least as stringent as the most recent United States Centers for
Disease Control screening guidelines, whereby all children shall be
evaluated for risk of lead poisoning by health care providers during
each child's periodic health assessment. The regulations shall be
developed in consultation with medical experts, environmental
experts, appropriate professional organizations, and the public, as
determined by the department.
   (b) The standard of care shall provide that, upon evaluation,
those children determined to be "at risk" for lead poisoning,
according to the regulations adopted pursuant to subdivision (a),
shall be screened.
   (c) The standard of care shall provide that no child shall be
screened pursuant to this article if the parent or guardian of the
child refuses to consent to the screening.
   (d) The standard of care shall provide that health care providers
shall be responsible only for evaluation of all children, for
screening of children determined to be at risk, and for medically
necessary followup services.
   (e) The standard of care established pursuant to this section
shall not become operative before April 1, 1993.



105290.  On or after April 1, 1993, in those instances in which a
child is identified with lead poisoning, the department shall ensure
appropriate case management. The department may contract with any
public or private entity, including local agencies, to conduct the
case management.



105291.  In addition to any other providers determined to be
eligible by the department to provide environmental investigation
services as a part of case management services under this chapter, a
qualified certified industrial hygienist or other qualified
professional who is certified by the department as an
inspector/assessor shall be eligible to provide those services and
those services shall be funded under the Childhood Lead Poisoning
Prevention Program pursuant to this chapter.



105295.  The department shall collect and analyze all information
necessary to effectively monitor appropriate case management efforts.
The department shall prepare a biennial report describing the
effectiveness of appropriate case management efforts. This report
shall be made available to local health departments and the general
public.



105300.  Notwithstanding Section 124130, the department shall have
broad regulatory authority to fully implement and effectuate the
purposes of this chapter. The authority shall include, but is not
limited to, the following:
   (a) The development of protocols to be utilized in screening and
the procedures for changing those protocols when more accurate or
efficient technologies become available.
   (b) The designation of laboratories which are qualified to analyze
whole blood specimens for concentrations of lead and the monitoring
of those laboratories for accuracy.
   (c) The development of reporting procedures by laboratories.
   (d) Reimbursement for state-sponsored services related to
screening and appropriate case management.
   (e) Establishment of lower concentrations of lead in whole blood
than those specified by the United States Centers for Disease Control
for the purpose of determining the existence of lead poisoning.
   (f) Establishment of lower acceptable levels of the concentration
of lead in whole blood than those specified by the United States
Centers for Disease Control for the purpose of determining the need
to provide appropriate case management for lead poisoning.
   (g) Development of appropriate case management protocols.
   (h) Notification to the child's parent or guardian of the results
of blood lead testing and environmental assessment.
   (i) The establishment of a periodicity schedule for evaluation for
childhood lead poisoning.



105305.  The program implemented pursuant to this chapter shall be
fully supported from the fees collected pursuant to Section 105310.
Notwithstanding the scope of activity mandated by this chapter, in no
event shall this chapter be interpreted to require services
necessitating expenditures in any fiscal year in excess of the fees,
and earnings therefrom, collected pursuant to Section 105310. This
chapter shall be implemented only to the extent fee revenues pursuant
to Section 105310 are available for expenditure for purposes of this
chapter.


105310.  (a) There is hereby imposed a fee on manufacturers and
other persons formerly, presently, or both formerly and presently
engaged in the stream of commerce of lead or products containing
lead, or who are otherwise responsible for identifiable sources of
lead, which have significantly contributed historically, currently
contribute, or both have significantly contributed historically and
contribute currently to environmental lead contamination.
   (b) After July 1, 1992, but on or before January 1, 1993, the
department shall, by regulation, establish specific fees to be
assessed on manufacturers and other parties formerly, presently, or
both formerly and presently engaged in the stream of commerce of lead
or products containing lead, or who are otherwise responsible for
identifiable sources of lead which, as determined by the department,
have significantly contributed historically, currently contribute, or
both have significantly contributed historically and contribute
currently to environmental lead contamination.
   To the maximum extent practicable, the fees shall be assessed on
the basis of the following criteria:
   (1) A person's past and present responsibility for environmental
lead contamination.
   (2) A person's "market share" responsibility for environmental
lead contamination.
   This section shall not apply to, and no fee shall be assessed
upon, any retailer of lead or products containing lead.
   (c) The fee shall be assessed and collected annually by the State
Board of Equalization. The first payment of these fees shall be due
on or before April 1, 1993. The annual fee assessment in subdivision
(a) shall be adjusted by the department to reflect both of the
following:
   (1) The increase in the annual average of the California Consumers
Price Index, as recorded by the California Department of Industrial
Relations, for the most recent year available.
   (2) The increase or decrease in the number of children in
California who are receiving services pursuant to this article.
   This adjustment of fees shall not be subject to the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
   (d) (1) No fee shall be assessed upon a person if that person can
demonstrate, as determined by the department, that his or her
industry did not contribute in any manner, as described in this
section, to environmental lead contamination.
   (2) No fee shall be assessed upon a party if that party
demonstrates, as determined by the department, that the lead, or the
product containing lead, with which it is currently, or was
historically, associated does not currently, or did not historically,
result in quantifiably persistent environmental lead contamination.
   (e) The fee imposed pursuant to this section shall be administered
and collected by the board of Equalization in accordance with Part
22 (commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code. The fees shall be deposited in the Childhood Lead
Poisoning Prevention Fund, which is hereby created in the State
Treasury. Moneys in the fund shall be expended for the purposes of
this chapter, including the State Board of Equalization's costs of
collection and administration of fees, upon appropriation by the
Legislature. All interest earned on the moneys which have been
deposited into the Childhood Lead Poisoning Prevention Fund shall be
retained in that fund.
   (f) The fees collected pursuant to this section and the earnings
therefrom shall be used solely for the purposes of implementing this
chapter. The department shall not collect fees pursuant to this
section in excess of the amount reasonably anticipated by the
department to fully implement this chapter. The department shall not
spend more than it collects from the fees and the earnings in
implementing this chapter. In no fiscal year shall the department
collect more than sixteen million dollars ($16,000,000) in fees, as
adjusted for inflation pursuant to subdivision (b).
   (g) It is the intent of the Legislature, in subsequent
legislation, to appropriate and deposit into the Childhood Lead
Poisoning Prevention Fund the sum of one hundred twenty-eight
thousand dollars ($128,000) from the General Fund on July 1, 1992, to
the Controller for allocation as loans as follows:
   (1) Seventy-eight thousand dollars ($78,000) to the department,
for the purposes of adopting regulations to establish the fee
schedule authorized by this section. The State Board of Equalization
shall repay the amount of this appropriation, on or before June 30,
1993, with interest at the pooled money investment rate, from fees
collected pursuant to this section.
   (2) Fifty thousand dollars ($50,000) to the State Board of
Equalization, for the purposes of implementing this section. The
State Board of Equalization shall repay the amount of this
appropriation on or before June 30, 1993, with interest at the pooled
money investment rate, from fees collected pursuant to this section.
   (h) Regulations adopted for fee assessment and collection pursuant
to this section shall be exempt from review by the Office of
Administrative Law.