Modifying the definition of lead-based paint in the residential childhood lead poisoning prevention act to include paint that contains lead equal to or in excess of 0.009% by weight or in excess of that specified in federal law, whichever is less.

Session of 2025
HOUSE BILL No. 2285
By Committee on Health and Human Services
Requested by Representative Oropeza on behalf of Representative Carr
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AN ACT concerning public health; relating to residential childhood lead
poisoning prevention; amending the definition of lead-based paint to
include paint that contains lead equal to or in excess of 0.009% by
weight, or in excess of that specified in federal law, whichever is less;
amending K.S.A. 65-1,201 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-1,201 is hereby amended to read as follows: 65-
1,201. As used in the residential childhood lead poisoning prevention act:
(a) "Abatement" means any measure or set of measures designed to
permanently eliminate lead-based paint hazards as defined in the federal
program.
(b) "Accredited training program" means a training program that has
been accredited by the federal program or the secretary to present training
courses to individuals engaged in lead-based paint activities.
(c) "Business entity" means a company, partnership, corporation, sole
proprietorship, association, or other business concern.
(d) "Certificate" means an authorization issued by the secretary
permitting an individual to engage in lead-based paint activities.
(e) "Federal program" means subpart L, lead-based paint activities of
40 C.F.R. part 745, as in effect on the effective date of this act.
(f) "Lead-based paint" means paint or other surface coatings that
contain lead equal to or in excess of one milligram per square centimeter
or more than 0.5% 0.009% by weight or in excess of the amount of lead
specified in the definition of "lead-based paint" pursuant to 15 U.S.C. §
2681, whichever is less.
(g) "Lead-based paint activities" means the inspection, assessment
and abatement of lead-based paint, including the disposal of waste
generated therefrom.
(h) "License" means an authorization issued by the secretary
permitting a business entity to engage in lead-based paint activities.
(i) "Public agency" means any state agency or political or taxing
subdivision of the state and those federal departments, agencies or
instrumentalities thereof which that are not subject to preemption.
(j) "Secretary" means the secretary of health and environment.
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HB 2285 2
(k) "Residential dwelling" means a detached single family dwelling
or a single family dwelling unit in a structure that contains more than one
separate residential dwelling unit used as a place of residence for
habitation by an individual or the individual's immediate family, or both.
(l) "Habitation" means a place of abode or residence constructed
before 1978 where individuals eat, sleep and reside.
(m) "Immediate family" means spouse, parent, stepparent, child,
stepchild or sibling.
Sec. 2. K.S.A. 65-1,201 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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