AB 358, as amended, Holden. Lead hazard evaluation.
Existing law requires the State Department of Public Health to implement and administer a program to meet the requirements of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992. Under existing law, a person who engages in lead hazard evaluations is required to obtain certification from the department and to comply with specified regulations. Violation of those provisions is a misdemeanor.
This bill would require a lead hazard evaluation to be conducted in a mannerbegin delete that provides quantitative or qualitative results, asend delete determined by the department, usingbegin delete testsend deletebegin insert lead hazard
evaluation methodsend insert recognized by the United States Environmental Protection Agency. By expanding the scope of a crime, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 105253 of the Health and Safety Code
2 is amended to read:
(a) (1) Any person issued a certificate by the
4department to conduct lead-related construction work, abatement,
5or lead hazard evaluation, shall comply with regulations as
6specified in Chapter 8 (commencing with Section 35001) of
7Division 1 of Title 17 of the California Code of Regulations, as
8adopted pursuant to Sections 105250 and 124160.
9(2) Lead hazard evaluation for public and residential buildings
10shall be conducted in a mannerbegin delete that provides quantitative or determined by the department, using
11qualitative results, asend deletebegin delete testsend delete
12begin insert
lead hazard evaluation methods end insertrecognized by the United States
13Environmental Protection Agency.
14(b) It is unlawful for any person to do either of the following:
15(1) Falsely represent himself or herself as possessing a certificate
16issued by the department to conduct lead-related construction work,
17abatement, or lead hazard evaluation.
18(2) Submit false information or documentation to the department
19in order to obtain or renew a certificate to conduct lead-related
20construction work, abatement, or lead hazard evaluation.
21(c) The department or any local enforcement agency may,
22consistent with Section 17972, enter, inspect, and
photograph any
23premises or facilities, and inspect and copy any business record,
24where any person issued a certificate by the department to perform
25lead-related construction work conducts business to determine
26whether the person is complying with this section.
27(d) A violation of this section shall be punishable by
28imprisonment for not more than six months in the county jail, a
29fine of not more than one thousand dollars ($1,000), or by both
30that imprisonment and fine.
No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
P3 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
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