BILL NUMBER: AB 2861	CHAPTERED  09/26/06

	CHAPTER  477
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2006
	PASSED THE ASSEMBLY  AUGUST 21, 2006
	PASSED THE SENATE  AUGUST 17, 2006
	AMENDED IN SENATE  JUNE 15, 2006

INTRODUCED BY   Assembly Member Ridley-Thomas
   (Coauthor: Assembly Member Torrico)

                        FEBRUARY 24, 2006

   An act to amend Section 105256 of the Health and Safety Code,
relating to lead abatement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2861, Ridley-Thomas  Lead abatement.
   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.
   Existing law authorizes 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. A violation of these
provisions is an infraction punishable by a fine of not more than
$1,000.
   This bill would clarify that the violation relates to a violation
of an order issued under these provisions. It would make the 2nd or
subsequent violation a misdemeanor punishable by a fine not to exceed
$5,000, or by imprisonment for not more than 6 months in the county
jail, or by both that fine and imprisonment. By creating new crimes,
this bill would impose a state-mandated local program.
  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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 105256 of the Health and Safety Code is amended
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 subdivision (b) shall be an infraction
punishable by a fine not to exceed one thousand dollars ($1,000).
   (d) A second or subsequent violation of subdivision (b) shall be a
misdemeanor punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment for not more than six months in the
county jail or by both that fine and imprisonment.
   (e)  Any penalties under this section shall be in addition to any
other penalty or remedy provided by law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.