HB 580 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, providing for public health; imposing duties on the Department of Environmental Protection relating to lead levels in soil; and imposing penalties.

PRINTER'S NO.   582

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 580
                                                  Session of
                                                    2025

     INTRODUCED BY ISAACSON, BOYD, CERRATO, CIRESI, DEASY, GIRAL,
        GREEN, HILL-EVANS, HOHENSTEIN, HOWARD, MAYES, O'MARA, OTTEN,
        PROBST, SAMUELSON, SANCHEZ, SCHLOSSBERG, STEELE AND
        D. WILLIAMS, FEBRUARY 12, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, FEBRUARY 12, 2025


                                       AN ACT
 1   Amending Title 35 (Health and Safety) of the Pennsylvania
 2      Consolidated Statutes, providing for public health; imposing
 3      duties on the Department of Environmental Protection relating
 4      to lead levels in soil; and imposing penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Title 35 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a part to read:
 9                                     PART I
10                                PUBLIC HEALTH
11   Chapter
12      31.    Lead Levels in Soil
13                                   CHAPTER 31
14                            LEAD LEVELS IN SOIL
15   Sec.
16   3101.    Scope of chapter.
17   3102.    Definitions.
 1   3103.   Prohibited lead levels.
 2   3104.   Enforcement and penalties.
 3   3105.   Administrative agency law.
 4   3106.   Regulations.
 5   § 3101.    Scope of chapter.
 6      This chapter relates to lead levels in soil.
 7   § 3102.    Definitions.
 8      The following words and phrases when used in this chapter
 9   shall have the meanings given to them in this section unless the
10   context clearly indicates otherwise:
11      "Abatement."         As follows:
12             (1)   Any set of measures designed to eliminate or reduce
13      the levels of lead specified in section 3103 (relating to
14      prohibited lead levels).
15             (2)   The term includes:
16                   (i)    The removal or covering of lead-contaminated
17             soil.
18                   (ii)    All preparation, cleanup, disposal and
19             postabatement clearance testing activities associated
20             with the abatement measures.
21                   (iii)    Less-than-full abatement whereby the sources
22             of lead contamination are reduced sufficiently to create
23             a "lead-safe" environment rather than a "lead-free"
24             environment.
25             (3)   The term does not include landscaping activities by
26      contractors whose primary intent is not to permanently
27      eliminate or reduce the levels of lead specified in section
28      3103.
29      "Child care center."        As the term is defined in section 1001
30   of the act of June 13, 1967 (P.L.31, No.21), known as the Human

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 1   Services Code.
 2      "Children."     Individuals who are under 18 years of age.
 3      "Department."     The Department of Environmental Protection of
 4   the Commonwealth.
 5      "Hazardous condition."        A condition that causes exposure to
 6   prohibited levels of lead from lead-contaminated soil that would
 7   result in adverse human health effects.
 8      "Person."     Any of the following:
 9             (1)   An individual.
10             (2)   A corporation, partnership, association or other
11      similar entity.
12             (3)   The Commonwealth, including an agency or
13      instrumentality of the Commonwealth.
14             (4)   A municipality, including an agency or
15      instrumentality of a municipality.
16             (5)   A school entity.
17             (6)   A religious institution.
18             (7)   A child care center.
19             (8)   A charitable, educational or religious institution
20      camp for children.
21      "Playground."     As follows:
22             (1)   An outdoor improved area that is designed, equipped
23      and set aside for children to play.
24             (2)   The term includes an area that is exclusively used
25      as an athletic playing field or athletic court.
26      "School entity."     A school district, joint school district,
27   public school, private school, nonpublic school, charter school,
28   regional charter school, intermediate unit or area career and
29   technical school operating within this Commonwealth.
30   § 3103.    Prohibited lead levels.

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 1      The permissible levels of lead regarding a playground shall
 2   be as follows:
 3             (1)   In the bare soil on the playground, lead levels
 4      shall not exceed 200 parts per million.
 5             (2)   In the bare soil of the yard in which the playground
 6      is located, lead levels shall not exceed 1,200 parts per
 7      million.
 8   § 3104.    Enforcement and penalties.
 9      (a)    Prohibitions.--A person may not:
10             (1)   cause, suffer, permit or allow levels of lead in
11      violation of this chapter or regulations promulgated under
12      this chapter; or
13             (2)   cause, suffer, permit or allow the performance of an
14      act or operation in violation of an order issued by the
15      department under this chapter or regulations promulgated
16      under this chapter.
17      (b)    Violations.--The department may issue an order requiring
18   compliance with this chapter or regulations promulgated under
19   this chapter to a person engaging in a prohibited activity
20   specified in subsection (a), including the owner or operator of
21   the playground or yard in which the playground is located that
22   contains prohibited levels of lead.
23      (c)    Service.--An order shall be served personally or by
24   certified mail at the last known address of the person violating
25   this chapter or a regulation promulgated under this chapter.
26      (d)    Hazardous conditions.--If the department determines that
27   a hazardous condition exists due to the failure to comply with
28   this chapter or a regulation promulgated under this chapter, the
29   department, in addition to invoking other sanctions available to
30   the department, may invoke any of the following remedies:

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 1            (1)   Issue an order to cease immediately all activities
 2      on the playground or yard in which the playground is located
 3      until the hazardous condition is corrected.
 4            (2)   Evacuate appropriate portions of the playground or
 5      yard in which the playground is located until the hazardous
 6      condition is corrected.
 7            (3)   Certify that the hazardous condition exists due to
 8      the failure of a person to comply with this chapter or a
 9      regulation promulgated under this chapter and charge the
10      added cost of any corrective cleanup or removal to the person
11      responsible for the hazardous condition and collect the cost
12      by lien or any other means as may be authorized by law.
13            (4)   Apply to an appropriate court for relief by
14      injunction or restraining order against a person responsible
15      for the hazardous condition.
16      (e)   Penalties.--In addition to the sanctions or remedial
17   orders provided in this section, a person that fails to comply
18   with this chapter or a regulation promulgated under this
19   chapter, or that fails to obey an order issued by the
20   department, may be subject to any of the following penalties:
21            (1)   Imposition of an administrative penalty of not more
22      than $1,000 for the first offense, not more than $5,000 for
23      the second offense and not more than $10,000 for the third
24      and each subsequent offense.
25            (2)   Issuance of an order to cease immediately all
26      activities on the playground or yard in which the playground
27      is located.
28            (3)   Initiation of a legal action or proceeding in a
29      court of competent jurisdiction.
30      (f)   Continued violations.--Each day a violation continues to

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 1   exist shall constitute an additional, separate and distinct
 2   violation for which a separate penalty shall be imposed.
 3   § 3105.   Administrative agency law.
 4      Penalties and other orders of the department under this
 5   chapter are subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to
 6   practice and procedure of Commonwealth agencies) and 7 Subch. A
 7   (relating to judicial review of Commonwealth agency action).
 8   § 3106.   Regulations.
 9      The department shall promulgate regulations necessary to
10   carry out the provisions of this chapter.
11      Section 2.   This act shall take effect in 60 days.




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