Legislative Analysis
Phone: (517) 373-8080
LEAD ABATEMENT AND TESTING
http://www.house.mi.gov/hfa
House Bill 4532 (H-5) as reported from committee Analysis available at
Sponsor: Rep. Rachel Hood http://www.legislature.mi.gov
House Bill 5368 (H-2) as reported from committee
Sponsor: Rep. Julie M. Rogers
House Bill 5369 (H-2) as reported from committee
Sponsor: Rep. Karen Whitsett
Committee: Health Policy
Complete to 12-10-24
SUMMARY:
House Bills 4532, 5368, and 5369 would together amend Part 54A (Lead Abatement) of the
Public Health Code to revise the threshold considered an elevated blood lead level in children
and change requirements related to lead abatement and mitigation for certain buildings or
activities, particularly renovation activities in pre-1978 buildings. Many of the bills’ changes
would put federal Environmental Protection Agency (EPA) regulations into state law (see
“Brief Discussion”). The bills are described together below.
Elevated blood lead level
House Bill 5368 would change the Part 54A definition of the term elevated blood level, which
now, for purposes of case management in children six and under, means a concentration of 10
micrograms of lead per deciliter of whole blood. 1 The bill would change the term itself to
elevated blood lead level (EBL) and define it to mean a concentration of lead in whole blood
that equals or exceeds whichever of the following threshold values is the lowest:
• 3.5 micrograms per deciliter.
• The blood lead reference value for children as determined by the CDC.
• The blood lead reference value for children as determined by DHHS.
Under the lead poisoning prevention program of the Department of Health and Human Services
(DHHS), health providers now must report blood lead tests conducted for children in Michigan
to DHHS. If DHHS receives notice of lead levels above the threshold amount of 10 micrograms
per deciliter, it must contact the child’s physician or local public health department.
House Bill 5369 would change the threshold amount in the above provision to an elevated
blood lead level. In addition, it would newly require a local health department or physician that
is contacted concerning a child under the age of three to refer the child to the Early On program
administered by the Department of Lifelong Education, Advancement, and Potential. 2
1
For purposes of lead abatement, it means a concentration of lead in whole blood of 20 micrograms per deciliter for
a single venous test or of 15 to 19 micrograms per deciliter in two consecutive tests taken three to four months apart.
2
https://www.1800earlyon.org/
House Fiscal Agency Page 1 of 11
 The bill also would make the same threshold change (from above 10 micrograms to an elevated
blood lead level) in provisions that require DHHS to annually report to the legislature the
number of children six or younger (the bill would change this to include only those younger
than six) who received a test showing a blood lead level above the applicable threshold in the
previous fiscal year. The bill would require the report to be made by July 1 of each year, rather
than the current January 1.
Changes to general definitions that apply to Part 54A
House Bill 4532 would amend the definition of the term abatement for purposes of Part 54A.
Currently, abatement means a measure or set of measures designed to permanently eliminate
lead-based paint hazards. The bill would remove the word “permanently.” It would include
measures designed to eliminate lead-based paint (in addition to, or instead of, eliminating lead-
based paint hazards). It also would add that abatement includes an interim control activity 3 or
other measure or activity designed to temporarily reduce a lead-based paint hazard. (Currently,
measures and activities designed for temporary reduction of a lead-based paint hazard are
specifically excluded from being considered abatement.)
Lead-based paint hazard means any of the following conditions:
• Any lead-based paint on a friction surface that is subject to abrasion and where
the lead dust levels on the nearest horizontal surface are equal to or greater than
the dust lead hazard levels identified in rules issued under Part 54A.
• Any damaged or otherwise deteriorated lead-based paint on an impact surface
that is caused by impact from a related building component.
• Any chewable lead-based painted surface with evidence of teeth marks.
• Any other deteriorated lead-based paint in or on any residential building or
child occupied facility.
• Surface dust in a residential dwelling or child occupied facility that contains
lead in a mass-per-area concentration that equals or exceeds the levels
established by rules issued under Part 54A.
• Bare soil on residential real property or property of a child occupied facility
with lead levels that equal or exceed levels established by rules under Part 54A.
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.
Child occupied facility means a building or portion of a building constructed before
1978 that is visited regularly by the same child who is six or younger on at least two
different days within any calendar week, if each visit lasts at least three hours, the
combined weekly visits last at least 6 hours, and the combined annual visits last at least
60 hours. Child occupied facility includes a child care center, a preschool, and a
kindergarten classroom.
3
The act defines interim controls as a set of measures designed to temporarily reduce human exposure or likely
exposure to lead-based paint hazards, including 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.
House Fiscal Agency HBs 4532, 5368, and 5369 as reported Page 2 of 11
 The bill would amend this definition to add that a child occupied facility may be located
in target housing or a public or commercial building. If located in a public or
commercial building, all of the following would apply:
• If the building contains common areas:
o The child occupied facility encompasses only those common areas that
are routinely used by children six years old or younger, such as
restrooms and cafeterias.
o The child occupied facility does not encompass common areas that
children six years old or younger only pass through, such as hallways,
stairways, and garages.
• The child occupied facility encompasses only the exterior sides of the building
that are immediately adjacent to the child occupied facility or a common area
encompassed by the child occupied facility, such as restrooms and cafeterias.
Residential dwelling means either of the following:
• A detached single family dwelling unit, including attached structures such as
porches and stoops and accessory structures such as garages, fences, and
nonagricultural or noncommercial outbuildings.
• A building structure that contains more than one separate residential dwelling
unit that is used or occupied, in whole or in part, as the home or residence of
one or more people.
Target housing means housing constructed before 1978, except any of the following:
• Housing for the elderly or persons with disabilities, unless a child six years old
or younger resides in that housing (or is expected to).
• A no-bedroom dwelling.
• An unoccupied dwelling unit pending demolition, as long as the dwelling unit
remains unoccupied until demolition.
Housing for the elderly would mean retirement communities or similar types of
housing reserved for households composed of one or more persons who are 62 years
old or older at the time of initial occupancy. (The bill would add this definition.)
House Bill 4532 also would newly include renovation alongside abatement and lead-based
paint activities 4 regulated under Part 54A, with attendant safety and certification requirements.
Accordingly, the term “renovation” would be added in several places where “lead-based paint
activities” are now referenced. The bill also would define certain instruments and processes
used in those activities, such as dry disposable cleaning cloths, wet disposable cleaning cloths,
wet mopping system, and HEPA (high-efficiency particulate air) filters and vacuums.
Renovation would mean the modification of any existing structure, or portion of a
structure, that results in the disturbance of painted surfaces, unless that activity is
performed as part of an abatement. Renovation would not include minor repair and
4
Lead-based paint activity is defined in Part 54A as inspection, risk assessment, and abatement in target housing and
child occupied facilities.
House Fiscal Agency HBs 4532, 5368, and 5369 as reported Page 3 of 11
 maintenance activities as defined in 40 CFR 745.83, 5 but it would include all of the
following: 6
• The removal, modification, or repair of painted surfaces or painted
components, including modification of painted doors, surface restoration,
window repair, or surface preparation activity such as sanding, scraping, or
other activities that may generate paint dust.
• The removal of building components such as walls, ceilings, plumbing, or
windows.
• Weatherization projects such as cutting holes in painted surfaces to install
blown-in insulation or to gain access to attics and planing thresholds to install
weather stripping.
• A renovation to convert a building, or part of a building, into target housing or
a child occupied facility.
In addition, House Bill 4532 would remove the defined term lead-based paint investigation
and, in its substantive provisions, would refer instead to risk assessments (already defined in
the code), lead inspections, EBL environmental investigations (defined as described below),
and clearance examinations.
House Bill 5368 would provide a definition for the term emergency renovation operations.
This term is not used in the bills or the act. However, the definition itself includes a substantive
provision that exempts the described activities from unspecified laws and rules that otherwise
would apply to them.
Emergency renovation operations would mean 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 or property with significant damage. Once the emergency is
controlled, applicable laws and rules apply.
House Bill 5368 also would add a definition for the term firm, which would be used in the
schedule of fees in HB 4532, shown in Table 3 below. 7 Under the bill, firm would mean any
of the following:
• A company, partnership, corporation, sole proprietorship or individual doing business,
association, or other business entity.
• A federal, state, tribal, or local governmental agency.
• A nonprofit organization.
Certification of renovators and dust sampling technicians
House Bill 4352 would add renovator and dust sampling technician to the discipline related
to lead-based paint activities (and, under the bill, renovations) for which a qualified applicant
must be certified by DHHS. An applicant pursuing certification as a renovator or dust sampling
technician would have to complete a course in the appropriate discipline and receive a
5
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-E/section-745.83
6
The bill would modify the definitions of the terms component and building component, used in this definition, to list
examples of the kinds of interior and exterior design or structural elements or fixtures that the terms include.
7
In addition, the act currently defines the term certified firm as a person that performs a lead-based paint activity for
which DHHS has issued a certificate of approval under Part 54A.
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 completion certificate before applying to DHHS for certification. An individual could apply to
DHHS for certification to engage in renovations by demonstrating compliance with the
specified requirements, or providing a copy of the renovation certification training program,
and paying the requisite fees.
Renovator would mean a person who performs renovations or directs workers who
perform renovations.
Dust sampling technician would mean an individual who has been trained and
certified to conduct optional dust sampling following renovation, repair, painting,
or other activities under 40 CFR 745 Subpart E. 8
The bill also would add renovators and dust sampling technicians to the list of disciplines for
which a person may seek accreditation to offer training program courses. The renovator and
dust sampling technician course would have to last a minimum of eight training hours, with a
minimum of two hours devoted to hands-on training activities. Refresher courses could be
provided online.
The bill would allow a certified renovator to train workers for renovations for a specific project.
The bill would provide that a dust sampling technician is not allowed to conduct clearance after
abatement activities.
Other certification provisions
House Bill 4352 would eliminate certification of, and reference to, clearance technicians.
Current law requires that an individual must pass a third-party examination in the appropriate
discipline to become certified as an inspector, risk assessor, abatement worker, or supervisor.
The bill would instead require the to pass the appropriate state examination.
State examination would mean the examination for certification under Part 54A in the
disciplines of inspector, risk assessor, worker, and supervisor offered and administered
by a party other than an accredited training program (defined as a training program
that has been accredited by DHHS to provide training for individuals engaged in lead-
based paint activities).
The bill would require an abatement worker course under a training program to last a minimum
of 24 training hours, instead of the current 16.
The bill would allow a certified risk assessor to take samples for the presence of lead in paint,
dust, and soil to identify a lead-based paint hazard (in addition to abatement clearance testing).
The bill would remove provisions that now require a person seeking certification to perform
lead-based paint activities or renovations to indicate whether they have liability insurance and
submit proof of Michigan workers’ disability compensation insurance.
8
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-E
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 To maintain certification in a discipline, an individual must pay an annual fee and, every three
years, must be recertified by taking the appropriate refresher course and state examination.
Under the bill, DHHS would have to deny recertification to an individual with unpaid
enforcement fines, if the individual is not successfully executing a payment plan established
by DHHS, until the fine is paid in full or a payment plan is established.
Fees
House Bill 4352 would revise fees for lead-based activities and renovations as shown in Tables
1, 2, and 3 under “Fiscal Impact,” below. In addition, DHHS could adjust the fee amounts
every three years by an amount determined by the state treasurer to reflect the cumulative