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 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 forbegin delete lead hazard evaluation methodologiesend deletebegin insert
paint test kits for renovation projects, as specifiedend 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) A 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) The department may update the regulations, as specified in
10Chapter 8 (commencing with Section 35001) of Division 1 of Title
1117 of the California Code of Regulations,begin delete on lead hazard evaluation in order to
incorporate both of the following:
12methodsend delete
13(A) The Guidelines for the Evaluation and Control of
14Lead-Based Paint Hazards in Housing, as published in 2012 by
15the federal Department of Housing and Urban Development.
16(B) begin deleteThe end deletebegin insertAs appropriate, the end insertrecommendations of the United
17States Environmental Protection Agencybegin delete for lead hazard evaluation begin insert for paint test kits for renovation
18methodologies, as appropriateend delete
19projects conducted by certified lead-safe renovators in accordance
20with the Lead
Renovation, Repair and Painting Rule (RRP Rule)
21rulesend insert.
22(b) It is unlawful for any person to do either of the following:
23(1) Falsely represent himself or herself as possessing a certificate
24issued by the department to conduct lead-related construction work,
25abatement, or lead hazard evaluation.
26(2) Submit false information or documentation to the department
27in order to obtain or renew a certificate to conduct lead-related
28construction work, abatement, or lead hazard evaluation.
P3 1(c) The department or any local enforcement agency may,
2consistent with Section 17972, enter, inspect, and photograph any
3premises or facilities, and inspect and copy any
business record,
4where any person issued a certificate by the department to perform
5lead-related construction work conducts business to determine
6whether the person is complying with this section.
7(d) A violation of this section shall be punishable by
8imprisonment for not more than six months in the county jail, a
9fine of not more than one thousand dollars ($1,000), or by both
10that imprisonment and fine.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.
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