BILL NUMBER: SB 460 CHAPTERED
BILL TEXT
CHAPTER 931
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2002
APPROVED BY GOVERNOR SEPTEMBER 26, 2002
PASSED THE SENATE AUGUST 30, 2002
PASSED THE ASSEMBLY AUGUST 28, 2002
AMENDED IN ASSEMBLY AUGUST 27, 2002
AMENDED IN ASSEMBLY AUGUST 19, 2002
AMENDED IN ASSEMBLY AUGUST 15, 2002
AMENDED IN ASSEMBLY AUGUST 12, 2002
AMENDED IN SENATE MAY 22, 2001
AMENDED IN SENATE MAY 14, 2001
AMENDED IN SENATE APRIL 18, 2001
INTRODUCED BY Senator Ortiz
FEBRUARY 22, 2001
An act to amend Section 1941.1 of the Civil Code, and to amend
Sections 17961, 17980, and 124130 of, and to add Sections 17920.10,
105251, 105252, 105253, 105254, 105255, 105256, and 105257 to, the
Health and Safety Code, relating to lead abatement.
LEGISLATIVE COUNSEL'S DIGEST
SB 460, Ortiz. Lead abatement.
(1) The State Housing Law deems a building or portion thereof to
be substandard if certain conditions exist.
This bill would deem a building or portion thereof to be in
violation of the State Housing Law if it contains lead hazards, as
specified, that are likely to endanger the health of the public or
the occupants.
(2) The State Housing Law requires the housing department or, if
there is no housing department, the health department, of every city,
county, or city and county, or a specified environmental agency to
enforce within its jurisdiction all of the State Housing Law, the
building standards published in the State Building Standards Code,
and other specified rules and regulations. A violation of the State
Housing Law, related published building standards, or any other rule
or regulation adopted pursuant to the law is a misdemeanor.
This bill instead would require the housing or building department
or, if there is no building department, the health department, of
every city, county, or city and county, or a specified environmental
agency to enforce within its jurisdiction all of the State Housing
Law, the building standards published in the State Building Standards
Code, and other specified rules and regulations. It would authorize
the State Department of Health Services to enforce the provisions
relating to lead hazards if specified conditions are met. By
creating a new crime and imposing additional duties upon local
officials, this bill would impose a state-mandated local program.
(3) The State Housing Law requires the enforcement agency to
institute any appropriate action or proceeding to prevent, restrain,
correct, or abate the violation of the law, published building
standards, specified rules and regulations, or nuisance. It also
requires an enforcement agency, when it has determined that a
building is a substandard building, to commence proceedings to abate
the violation by repair, rehabilitation, vacation, or demolition of
the building.
This bill would additionally require an enforcement agency, when
it has determined that a building contains lead hazards, as described
above, to commence proceedings to abate the violation by repair,
rehabilitation, vacation, or demolition of the building.
(4) Existing law requires the State Department of Health Services
to implement and administer a program that meets federal requirements
regarding lead-based paint hazards, and requires the adoption of
regulations regarding, among other things, the accreditation of
providers of health and safety training to employees who engage in or
supervise lead-related construction work.
This bill would make it a crime for a person to engage in
specified acts relating to lead-related construction courses, and
lead-related construction work, abatement, or lead hazard evaluation.
It would also enact related inspection provisions.
The bill would also permit the department or a local enforcement
agency, whenever it determines that a condition at a location or
premises, or the activity of any person at the location or premises,
is creating or has created a lead hazard at the location or premises,
to order the owner of the location or premises to abate the lead
hazard or to order the person whose activity is creating or has
created the hazard, to cease and desist. It would make it unlawful
to refuse to obey any order issued under this provision, with a
violation of this requirement being an infraction punishable by a
fine of not more than $1,000.
(5) Under existing law, a portion of the moneys collected for
criminal offenses constitute state penalties, a portion of which is
retained by each county and a portion of which is deposited into the
State Penalty Fund, to be allocated as prescribed.
This bill would provide instead that all state penalties collected
for violations of the provisions described in (4) shall be deposited
in the General Fund.
(6) Existing law requires all medical laboratories to report to
the State Department of Health Services each detected case of a blood
lead level that exceeds specified parameters.
This bill would revise and recast these reporting requirements.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1941.1 of the Civil Code is amended to read:
1941.1. A dwelling shall be deemed untenantable for purposes of
Section 1941 if it substantially lacks any of the following
affirmative standard characteristics or is a residential unit
described in Section 17920.3 or 17920.10 of the Health and Safety
Code:
(a) Effective waterproofing and weather protection of roof and
exterior walls, including unbroken windows and doors.
(b) Plumbing or gas facilities that conformed to applicable law in
effect at the time of installation, maintained in good working
order.
(c) A water supply approved under applicable law that is under the
control of the tenant, capable of producing hot and cold running
water, or a system that is under the control of the landlord, that
produces hot and cold running water, furnished to appropriate
fixtures, and connected to a sewage disposal system approved under
applicable law.
(d) Heating facilities that conformed with applicable law at the
time of installation, maintained in good working order.
(e) Electrical lighting, with wiring and electrical equipment that
conformed with applicable law at the time of installation,
maintained in good working order.
(f) Building, grounds, and appurtenances at the time of the
commencement of the lease or rental agreement, and all areas under
control of the landlord, kept in every part clean, sanitary, and free
from all accumulations of debris, filth, rubbish, garbage, rodents,
and vermin.
(g) An adequate number of appropriate receptacles for garbage and
rubbish, in clean condition and good repair at the time of the
commencement of the lease or rental agreement, with the landlord
providing appropriate serviceable receptacles thereafter and being
responsible for the clean condition and good repair of the
receptacles under his or her control.
(h) Floors, stairways, and railings maintained in good repair.
SEC. 1.5. Section 17920.10 is added to the Health and Safety Code,
to read:
17920.10. (a) Any building or portion thereof including any
dwelling unit, guestroom, or suite of rooms, or portion thereof, or
the premises on which it is located, is deemed to be in violation of
this part as to any portion that contains lead hazards. For purposes
of this part, "lead hazards" means deteriorated lead-based paint,
lead-contaminated dust, lead-contaminated soil, or disturbing
lead-based paint without containment, if one or more of these hazards
are present in one or more locations in amounts that are equal to or
exceed the amounts of lead established for these terms in Chapter 8
(commencing with Section 35001) of Division 1 of Title 17 of the
California Code of Regulations or by this section and that are likely
to endanger the health of the public or the occupants thereof as a
result of their proximity to the public or the occupants thereof.
(b) In the absence of new regulations adopted by the State
Department of Health Services in accordance with the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) further interpreting or clarifying the terms
"deteriorated lead-based paint," "lead-based paint,"
"lead-contaminated dust," "containment," or "lead-contaminated soil,"
regulations in Chapter 8 (commencing with Section 35001) of Division
1 of Title 17 of the California Code of Regulations adopted by the
State Department of Health Services pursuant to Sections 105250 and
124150 shall interpret or clarify these terms. If the State
Department of Health Services adopts new regulations defining these
terms, the new regulations shall supersede the prior regulations for
the purposes of this part.
(c) In the absence of new regulations adopted by the State
Department of Health Services in accordance with the rulemaking
provisions of the Administrative Procedure Act defining the term
"disturbing lead-based paint without containment" or modifying the
term "deteriorated lead-based paint," for purposes of this part
"disturbing lead-based paint without containment" and "deteriorated
lead-based paint" shall be considered lead hazards as described in
subdivision (a) only if the aggregate affected area is equal to or in
excess of one of the following:
(1) Two square feet in any one interior room or space.
(2) Twenty square feet on exterior surfaces.
(3) Ten percent of the surface area on the interior or exterior
type of component with a small surface area. Examples include window
sills, baseboards, and trim.
(d) Notwithstanding subdivision (c), "disturbing lead-based paint
without containment" and "deteriorated lead-based paint" shall be
considered lead hazards, for purposes of this part, if it is
determined that an area smaller than those specified in subdivision
(c) is associated with a person with a blood lead level equal to or
greater than 10 micrograms per deciliter.
(e) If the State Department of Health Services adopts regulations
defining or redefining the terms "deteriorated lead-based paint,"
"lead-contaminated dust," "lead-contaminated soil," "disturbing
lead-based paint without containment," "containment," or "lead-based
paint," the effective date of the new regulations shall be deferred
for a minimum of three months after their approval by the Office of
Administrative Law and the regulations shall take effect on the next
July 1 or January 1 following that three-month period. Until the new
definitions apply, the prior definition shall apply.
SEC. 2. Section 17961 of the Health and Safety Code is amended to
read:
17961. (a) The housing or building department or, if there is no
building department acting pursuant to this section, the health
department of every city, county, or city and county, or any
environmental agency authorized pursuant to Section 101275, shall
enforce within its jurisdiction all of this part, the building
standards published in the State Building Standards Code, and the
other rules and regulations adopted pursuant to this part pertaining
to the maintenance, sanitation, ventilation, use, or occupancy of
apartment houses, hotels, or dwellings. The health department or the
environmental agency may, in conjunction with a local housing or
building department acting pursuant to this section, enforce within
its jurisdiction all of this part, the building standards published
in the State Building Standards Code, and the other rules and
regulations adopted pursuant to this part pertaining to the
maintenance, sanitation, ventilation, use, or occupancy of apartment
houses, hotels, or dwellings. Each department and agency, as
applicable, shall coordinate enforcement activities with each other
and interested departments and agencies in order to avoid unnecessary
duplication.
(b) Notwithstanding subdivision (a), the health department of
every city, county, or city and county, or any environmental agency
authorized pursuant to Section 101275 may, in addition to the local
building department, if any, enforce within its jurisdiction the
provisions of Section 17920.10 and shall coordinate enforcement
activities with other interested departments and agencies in order to
avoid unnecessary duplication.
(c) The State Department of Health Services may enforce Section
17920.10 if any local agency or department specified in subdivisions
(a) and (b) enters into a written agreement, approved and published
pursuant to local government procedures, with the State Department of
Health Services to enforce that section, or provides the State
Department of Health Services with a written request to enforce that
section for a specific case following the identification of a lead
poisoned child in that jurisdiction.
SEC. 3. Section 17980 of the Health and Safety Code is amended to
read:
17980. (a) If any building is constructed, altered, converted, or
maintained in violation of any provision of, or of any order or
notice that gives a reasonable time to correct that violation issued
by an enforcement agency pursuant to, this part, the building
standards published in the California Building Standards Code, or
other rules and regulations adopted pursuant to this part, or if a
nuisance exists in any building or upon the lot on which it is
situated, the enforcement agency shall, after 30 days' notice to
abate the nuisance, institute any appropriate action or proceeding to
prevent, restrain, correct, or abate the violation or nuisance.
(b) (1) Whenever the enforcement agency has inspected or caused to
be inspected any building and has determined that the building is a
substandard building or a building described in Section 17920.10, the
enforcement agency shall commence proceedings to abate the violation
by repair, rehabilitation, vacation, or demolition of the building.
The enforcement agency shall not require the vacating of a
residential building unless it concurrently requires expeditious
demolition or repair to comply with this part, the building standards
published in the California Building Standards Code, or other rules
and regulations adopted pursuant to this part. The owner shall have
the choice of repairing or demolishing. However, if the owner
chooses to repair, the enforcement agency shall require that the
building be brought into compliance according to a reasonable and
feasible schedule for expeditious repair. The enforcement agency may
require vacation and demolition or may itself vacate the building,
repair, demolish, or institute any other appropriate action or
proceeding, if any of the following occur:
(A) The repair work is not done as scheduled.
(B) The owner does not make a timely choice of repair or
demolition.
(C) The owner selects an option which cannot be completed within a
reasonable period of time, as determined by the enforcement agency,
for any reason, including, but not limited to, an outstanding
judicial or administrative order.
(2) In deciding whether to require vacation of the building or to
repair as necessary, the enforcement agency shall give preference to
the repair of the building whenever it is economically feasible to do
so without having to repair more than 75 percent of the dwelling, as
determined by the enforcement agency, and shall give full
consideration to the needs for housing as expressed in the local
jurisdiction's housing element.
(c) (1) Notwithstanding subdivision (b) and notwithstanding local
ordinances, tenants in a residential building shall be provided
notice of any violation described in subdivision (a) that affects the
health and safety of the occupants and that violates Section 1941.1
of the Civil Code, an order of the code enforcement agency issued
after inspection of the premises declaring the dwelling to be in
violation of any provision described in subdivision (a), the
enforcement agency's decision to repair or demolish, or the issuance
of a building or demolition permit following the abatement order of
an enforcement agency.
(2) Notice pursuant to this subdivision shall be provided to each
affected residential unit by the enforcement agency that issued the
order or notice, in the manner prescribed by subdivision (a) of
Section 17980.6.
(d) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year. In addition, in Los Angeles County, the notice
shall contain a provision notifying the owner that within 10 days of
recordation of a notice of substandard conditions or similar
document, the owner is required to comply with Section 17997.
(e) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section.
SEC. 4. Section 105251 is added to the Health and Safety Code, to
read:
105251. For purposes of this chapter, the following definitions
shall apply:
(a) The following terms shall have the same meaning as contained
in Chapter 8 (commencing with Section 35001) of Division 1 of Title
17 of the California Code of Regulations adopted by the State
Department of Health Services pursuant to Sections 105250 and 124160:
"abatement," "accredited training provider," "certificate," "course
completion form," "DHS-approved course," "lead hazard," "lead hazard
evaluation," "lead related construction work," "public building,"
and "residential building."
(b) "Department" means the State Department of Health Services.
(c) "Local enforcement agency" means the health department,
environmental agency, housing department, or building department of
any city, county, or city and county.
SEC. 5. Section 105252 is added to the Health and Safety Code, to
read:
105252. (a) It is unlawful for any person to offer lead-related
construction courses to meet department certificate requirements
unless that person is an accredited training provider as specified in
Chapter 8 (commencing with Section 35001) of Division 1 of Title 17
of the California Code of Regulations, as adopted pursuant to
Sections 105250 and 124160.
(b) It is unlawful for any person to issue, or offer to issue, a
lead-related construction course completion form to any person except
upon successful completion by that person of a DHS-approved course.
(c) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises or
facilities, and inspect and copy any business record, where any
accredited training provider, or any person who offers lead-related
construction courses or issues lead-related construction course
completion forms, conducts business to determine whether the person
is complying with this section.
(d) It is unlawful for any person who is an accredited training
provider or who offers lead-related construction courses or issues
lead-related construction completion forms, to refuse entry or
inspection, the taking of photographs or other evidence, or access to
copying of any record as authorized by this section, or to conceal
or withhold evidence.
(e) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
SEC. 6. Section 105253 is added to the Health and Safety Code, to
read:
105253. (a) Any person issued a certificate by the department to
conduct lead-related construction work, abatement, or lead hazard
evaluation, shall comply with regulations as specified in Chapter 8
(commencing with Section 35001) of Division 1 of Title 17 of the
California Code of Regulations, as adopted pursuant to Sections
105250 and 124160.
(b) It is unlawful for any person to do either of the following:
(1) Falsely represent himself or herself as possessing a
certificate issued by the department to conduct lead-related
construction work, abatement, or lead hazard evaluation.
(2) Submit false information or documentation to the department in
order to obtain or renew a certificate to conduct lead-related
construction work, abatement, or lead hazard evaluation.
(c) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises or
facilities, and inspect and copy any business record, where any
person issued a certificate by the department to perform lead-related
construction work conducts business to determine whether the person
is complying with this section.
(d) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
SEC. 7. Section 105254 is added to the Health and Safety Code, to
read:
105254. (a) The following persons engaged in the following types
of lead construction work shall have a certificate:
(1) Persons who receive pay for doing lead hazard evaluations,
including, but not limited to, lead inspections, lead risk
assessments, or lead clearance inspections, in residential or public
buildings.
(2) Persons preparing or designing plans for the abatement of
lead-based paint or lead hazards from residential or public
buildings.
(3) Persons doing any work designed to reduce or eliminate lead
hazards on a permanent basis (to last 20 years or more) from
residential or public buildings.
(4) Persons inspecting for lead or doing lead abatement activities
in a public elementary school, preschool, or day care center.
(5) Persons doing lead-related construction work in a residential
or public building that will expose a person to airborne lead at or
above the eight-hour permissible exposure limit of 50 micrograms per
cubic meter.
(b) Persons performing routine maintenance and repairs in housing
are not required to have a certificate if they are not performing any
of the activities listed under subdivision (a).
(c) The department may adopt regulations to modify certification
requirements for persons engaged in lead construction work based on
changes to state or federal law, or programmatic need.
(d) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises
where abatement or a lead hazard evaluation is being conducted or has
been ordered, enter the place of business of any person who conducts
abatement or lead hazard evaluations, and inspect and copy any
business record of any person who conducts abatement or lead hazard
evaluations to determine whether the person is complying with this
section.
(e) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
SEC. 8. Section 105255 is added to the Health and Safety Code, to
read:
105255. (a) No person shall perform lead-related construction
work on any residential or public building in a manner that creates a
lead hazard.
(b) The department and any local enforcement agency may,
consistent with Section 17972, enter, inspect, and photograph any
premises where lead-related construction work is being performed,
enter the place of business of any person who performs lead-related
construction work, and inspect and copy any business record of any
person who performs lead-related construction work to determine
whether the person is complying with this section and any regulations
specified in Chapter 8 (commencing with Section 35001) of Division 1
of Title 17 of the California Code of Regulations adopted by the
State Department of Health Services pursuant to Sections 105250 and
124160.
(c) Notwithstanding any other provision of law, whenever the
department or a local enforcement agency determines that a condition
at a location or premises, or the activity of any person at the
location or premises, is creating or has created a lead hazard at the
location or premises, the department or the local enforcement agency
may order the owner of the location or premises to abate or
otherwise correct, at the option of the owner, the lead hazard, and
may order the person whose activity is creating or has created the
lead hazard, to cease and desist and shall give that owner or person
a reasonable opportunity to correct.
(d) It is unlawful for any person to refuse or disobey any order
issued pursuant to subdivision (c).
(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed one thousand dollars ($1,000). Any penalties under
this section shall be in addition to any other penalty or remedy
provided by law.
SEC. 9. Section 105256 is added to the Health and Safety Code, to
read:
105256. (a) Notwithstanding any other provision of law, whenever
the department or a local enforcement agency determines that a
condition at a location or premises, or the activity of any person at
the location or premises, is creating or has created a lead hazard
at the location or premises, the department or the local enforcement
agency may order the owner of the location or premises to abate the
lead hazard, and may order the person whose activity is creating or
has created the lead hazard, to cease and desist.
(b) It is unlawful for any person to refuse to obey any order
issued pursuant to this section.
(c) A violation of this section shall be an infraction punishable
by a fine not to exceed one thousand dollars ($1,000). Any penalties
under this section shall be in addition to any other penalty or
remedy provided by law.
SEC. 10. Section 105257 is added to the Health and Safety Code, to
read:
105257. Notwithstanding subdivision (f) of Section 1464 of the
Penal Code, any state penalties paid for the violation of this
chapter shall be deposited into the General Fund.
SEC. 11. Section 124130 of the Health and Safety Code is amended
to read:
124130. (a) A laboratory that performs a blood lead analysis on a
specimen of human blood drawn in California shall report the
information specified in this section to the department for each
analysis on every person tested.
(b) The analyzing laboratory shall report all of the following:
(1) The test results in micrograms of lead per deciliter.
(2) The name of the person tested.
(3) The person's birth date if the analyzing laboratory has that
information, or if not, the person's age.
(4) The person's address if the analyzing laboratory has that
information, or if not, a telephone number by which the person may be
contacted.
(5) The name, address, and telephone number of the health care
provider that ordered the analysis.
(6) The name, address, and telephone number of the analyzing
laboratory.
(7) The accession number of the specimen.
(8) The date the analysis was performed.
(c) The analyzing laboratory shall report all of the following
information that it possesses:
(1) The person's gender.
(2) The name, address, and telephone number of the person's
employer, if any.
(3) The date the specimen was drawn.
(4) The source of the specimen, specified as venous, capillary,
arterial, cord blood, or other.
(d) The analyzing laboratory may report to the department other
information that directly relates to the blood lead analysis or to
the identity, location, medical management, or environmental
management of the person tested.
(e) If the result of the blood lead analysis is a blood lead level
equal to or greater than 10 micrograms of lead per deciliter of
blood, the report required by this section shall be submitted within
three working days of the analysis. If the result is less than 10
micrograms per deciliter, the report required by this section shall
be submitted within 30 calendar days.
(f) Commencing January 1, 2003, a report required by this section
shall be submitted by hand, courier, postal mail, facsimile, or
electronic transfer. Commencing January 1, 2005, a report required
by this section shall be submitted by electronic transfer.
(g) All information reported pursuant to this section shall be
confidential, as provided in Section 100330, except that the
department may share the information for the purpose of surveillance,
case management, investigation, environmental assessment,
environmental remediation, or abatement with the local health
department, environmental health agency authorized pursuant to
Section 101275, or building department. The local health department,
environmental health agency, or building department shall otherwise
maintain the confidentiality of the information in the manner
provided in Section 100330.
(h) The director may assess a fine up to five hundred dollars
($500) against any laboratory that knowingly fails to meet the
reporting requirements of this section.
(i) A laboratory shall not be fined or otherwise penalized for
failure to provide the patient's birth date, age, address, or
telephone number if the result of the blood lead analysis is a blood
lead level less than 25 micrograms of lead per deciliter of blood,
and if all of the following circumstances exist:
(1) The test sample was sent to the laboratory by another medical
care provider.
(2) The laboratory requested the information from the medical care
provider who obtained the sample.
(3) The medical care provider that obtained the sample and sent it
to the laboratory failed to provide the patient's birth date, age,
address, or telephone number.
SEC. 12. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.