BILL NUMBER: AB 358	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 14, 2013

   An act to amend Section 105253 of the Health and Safety Code,
relating to lead-based paint hazards.


	LEGISLATIVE COUNSEL'S DIGEST


   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 manner  that provides quantitative or qualitative
results, as  determined by the department, using 
tests   lead hazard   evaluation methods 
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 1.  Section 105253 of the Health and Safety Code is amended
to read:
   105253.  (a) (1) 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.
   (2) Lead hazard evaluation for public and residential buildings
shall be conducted in a manner  that provides quantitative or
qualitative results, as  determined by the department,
using  tests   lead hazard evaluation methods
 recognized by the United States Environmental Protection
Agency.
   (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. 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.