Provides relative to lead poisoning prevention. (8/1/26) (OR +$1,129,042 GF EX See Note)

Senate Bill 37 consolidates Louisiana's lead poisoning prevention provisions by moving all child-related lead regulations from Title 30 (Environmental Quality) to Title 40 (Health Department), creating a unified Lead Poisoning Prevention and Control Program. The bill amends R.S. 40:1285.1 through 1285.4, 1285.6(B), and 1285.7, while repealing corresponding sections from R.S. 30. Most significantly, the legislation prohibits the sale of lead-based paint entirely, eliminating the existing allowance for sale when warning labels are affixed. The bill also establishes mandatory lead testing requirements for early learning centers, schools with prekindergarten programs, and public and nonpublic elementary schools built before 1978, with submission of test results to the Department of Health required prior to obtaining occupancy approval. The law requires comprehensive testing of buildings, water supplies, and adjacent soil, with Department authority to withhold occupancy approval until documented abatement is verified through reinspection.

Early learning centers and elementary schools face significant new compliance obligations, particularly those built prior to 1978. Facility owners and operators must obtain lead testing covering buildings, water systems, and soil, then submit results to the Department of Health as a precondition for occupancy approval. When testing reveals lead contamination, facilities cannot obtain approval until the Department verifies successful abatement through reinspection. Healthcare providers must report cases of lead poisoning to the state health officer when patients have blood test results positive for lead. The Department of Health gains expanded authority to establish detection protocols, conduct inspections of dwellings where lead poisoning cases are identified with occupant consent, post warning notices on contaminated properties, and order examinations of children under six years old and at-risk persons. Property owners face enforcement obligations to remove or cover lead materials within specified timeframes when children under six or persons with intellectual disabilities reside in contaminated premises.

The bill operates within Louisiana's existing Sanitary Code authority granted to the Department of Health under R.S. 40, which authorizes the department to conduct health and safety inspections and issue permits for schools and public buildings. The consolidation addresses jurisdictional overlap between the Department of Environmental Quality and the Department of Health by transferring child-focused lead provisions entirely to Health. The mandatory reporting framework aligns with federal guidelines from the Centers for Disease Control and Prevention, Environmental Protection Agency, and Department of Housing and Urban Development for defining positive test results and hazardous lead conditions. The prohibition on lead-based paint sales represents a significant departure from existing law's harm-reduction approach and reflects public health policy favoring complete elimination rather than controlled labeling. The occupancy approval requirement creates a licensing condition for educational facilities, integrating lead testing into the department's existing permit and inspection authority over schools and early learning centers.