BILL ANALYSIS �
AB 358
Page 1
ASSEMBLY THIRD READING
AB 358 (Holden)
As Amended May 7, 2013
Majority vote
ENVIRONMENTAL SAFETY 7-0 HEALTH
19-0
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|Ayes:|Alejo, Dahle, Bloom, |Ayes:|Pan, Logue, Ammiano, |
| |Donnelly, Chesbro, Stone, | |Atkins, Bonilla, Bonta, |
| |Ting | |Chesbro, Gomez, Roger |
| | | |Hern�ndez, Lowenthal, |
| | | |Maienschein, Mansoor, |
| | | |Mitchell, Nazarian, |
| | | |Nestande, V. Manuel |
| | | |P�rez, Wagner, |
| | | |Wieckowski, Wilk |
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APPROPRIATIONS 17-0
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|Ayes:|Gatto, Harkey, Bigelow, |
| |Bocanegra, Bradford, Ian |
| |Calderon, Campos, |
| |Donnelly, Eggman, Gomez, |
| |Hall, Rendon, Linder, |
| |Pan, Quirk, Wagner, Weber |
| | |
| | |
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SUMMARY : Provides specific standards for lead hazard evaluation
in public and residential buildings. Specifically, this bill
provides that testing of lead hazards in public buildings or
residential buildings shall be carried out in compliance with
the Department of Public Health (DPH) standards that includes
tests recognized by the U.S. Environmental Protection Agency
(EPA).
EXISTING LAW :
1)Establishes the State Housing Law (SHL) regulating the
construction and maintenance of dwellings used for human
AB 358
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occupation. Any building is unsafe and in violation of the
SHL if that building contains a lead hazard that is likely to
endanger the health of the public or building occupants.
2)Allows local building departments and other authorized
enforcement agencies, including the DPH, to order the
abatement of a lead hazard that is present at levels equal to
or in excess of those established by DPH regulations.
3)Allows DPH to enter and inspect a worksite or business that
conducts lead related abatement, evaluations, instruction or
construction.
4)Requires any person being paid for lead construction,
including inspection, risk assessment or designing plans for
the abatement of lead hazards, and any person performing lead
inspections or abatement in a public elementary, preschool or
day care centers to have a certificate from DPH.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would result in an annual special fund
costs to the Childhood Lead Poisoning Prevention Branch of the
DPH in the range of $100,000 to amend existing regulations.
COMMENTS :
1)Need for the bill . According to the sponsors of this bill,
the 3M Corporation, "The U.S. EPA has recognized several
chemical test kits by various manufacturers used for detecting
lead. HUD has updated it's guidelines for controlling lead
based paint hazards in housing and has included several EPA
recognized test kits in their guidelines as acceptable for use
in detecting lead. CDPH regulations reference outdated HUD
guidelines and do not recognize chemical test kits. AB 358
corrects this by allowing CDPH to include EPA recognized test
in its lead testing programs."
2)There is no universal definition of lead-based paint .
Federal, state and local agencies have established different
standards for determining the amount of lead in a product that
requires protective action. The definition for lead paint
that requires abatement can range from 5,000 parts per million
(ppm) to 600 ppm, with lower levels established for children's
and other consumer products. These varied standards will
AB 358
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need to be considered if the DPH chooses to certify
qualitative lead testing devices.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0000613