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 wouldbegin delete require a lead hazard evaluation to be conducted in a manner determined by the department, using lead hazard
evaluation methods recognized by the United States Environmental Protection Agency.end deletebegin insert authorize the department to update the regulations on lead hazard evaluation methods in order to incorporate the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, as published in 2012 by the federal Department of Housing and Urban Development, and the recommendations of the United States Environmental Protection Agency for lead hazard evaluation methodologies.end insert 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) begin deleteAnyend deletebegin insert Aend insert 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 manner determined by the department,
11using
lead hazard evaluation methods recognized by the United
12States Environmental Protection Agency.
13(2) The department may update the regulations, as specified in
14Chapter 8 (commencing with Section 35001) of Division 1 of Title
1517 of the California Code of Regulations, on lead hazard
16evaluation methods in order to incorporate both of the following:
17(A) The Guidelines for the Evaluation and Control of
18Lead-Based Paint Hazards in Housing, as published in 2012 by
19the federal Department of Housing and Urban Development.
20(B) The recommendations of the United States Environmental
21Protection Agency for lead hazard evaluation methodologies, as
22appropriate.
23(b) It is unlawful for any person to do either of the following:
24(1) Falsely represent himself or herself as possessing a certificate
25issued by the department to conduct lead-related construction work,
26abatement, or lead hazard evaluation.
P3 1(2) Submit false information or documentation to the department
2in order to obtain or renew a certificate to conduct lead-related
3construction work, abatement, or lead hazard evaluation.
4(c) The department or any local enforcement agency
may,
5consistent with Section 17972, enter, inspect, and photograph any
6premises or facilities, and inspect and copy any business record,
7where any person issued a certificate by the department to perform
8lead-related construction work conducts business to determine
9whether the person is complying with this section.
10(d) A violation of this section shall be punishable by
11imprisonment for not more than six months in the county jail, a
12fine of not more than one thousand dollars ($1,000), or by both
13that imprisonment and fine.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.
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