Amended in Senate April 26, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1073


Introduced by Senator Monning

February 16, 2016


An act to amend Sections 105250, 105251, and 131051 of, and to add Sections 105249, 105251.1, 105251.2, and 105251.3 to, the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

SB 1073, as amended, Monning. Residential housing: lead-based paint.

Existing law requires the State Department of Public Health to implement and administer a residential lead-based paint hazard reduction program, as specified, including adopting regulations regarding accreditation of providers of health and safety training to employees who engage in or supervise lead-related construction work, as defined, and certification of employees who have successfullybegin delete competedend deletebegin insert completedend insert that training and to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified.

This bill would require the departmentbegin delete toend deletebegin insert to, in consultation with the Contractors’ State License Board,end insert update those regulations and other regulations governing lead-related construction workbegin delete toend deletebegin insert to, where appropriate,end insert conform to the federal Environmental Protection Agency’s Lead Renovation, Repair, and Painting Rule or to be more stringent.begin insert The bill would also require the department to, in coordination with the Contractors’ State License Board, develop and implement an education and outreach effort to provide the regulated community clear information on the regulations.end insert The bill would require the department to request authorization from the agency to enforce provisions of that rule and, upon receiving that authorization, to adopt regulations establishing procedures pursuant to which a local law enforcement agency, as defined, may elect to assume and carry out responsibility for those enforcement activities in its jurisdiction. The bill would require a local enforcement agency that elects to carry out those enforcement activities to submit an annual report to the department regarding those activities, as specified.

This bill would require the department to review and revise its fee schedule a minimum of once in any 8-year period and, if necessary, adopt regulations establishing new fee amounts that account for changes in the cost of living, not to exceed the department’s reasonable costs to administer those provisions. The bill would also require the department to submit a report, on or before February 28 of each year, to the federal Environmental Protection Agency that contains a registry of programs, individuals, and entities certified by the department as of December 31 of the preceding calendar year and information, if any, received by the department from local law enforcement agencies regarding their enforcement activities. The bill would prohibit a certified lead inspector or assessor, certified lead project monitor, or certified lead sampling technician from performing lead-related construction on a structure on which that person conducted lead hazard evaluation and would require the department to revoke the certification of a person who violates that prohibition. The bill would also make related findings and declarations and a conforming change.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1)  The United States Consumer Product Safety Commission
4banned the use of lead-based paint in homes and public buildings,
5effective February 27, 1978, but lead paint, often in a dangerously
6deteriorated condition, remains present in many California homes
7built prior to 1978.

P3    1(2) People are most commonly exposed to lead when home
2renovation, repair, and painting projects disturb lead-based painted
3surfaces and release lead-contaminated dust.

4(3) Given the well-documented and substantial adverse effects
5of lead exposure on human health, persistent residential lead
6contamination is a serious public health and environmental justice
7issue throughout California.

8(b) It is the intent of the Legislature to reduce the risk of lead
9poisoning by establishing a state program based on the federal
10Environmental Protection Agency’s Lead Renovation, Repair, and
11Painting Rule.

12

SEC. 2.  

Section 105249 is added to the Health and Safety Codebegin delete,
16
13 immediately preceding Section 10250,end delete
begin insert immediately preceding
14Section 105250,end insert
to read:

15

105249.  

This chapter shall be known, and may be cited, as the
16California Lead Safety Enhancement Act of 2016.

17

SEC. 3.  

Section 105250 of the Health and Safety Code is
18amended to read:

19

105250.  

(a)  A program is hereby established within the
20department to meet the requirements of the Residential Lead-Based
21Paint Hazard Reduction Act of 1992 (42 U.S.C. Sec. 4851 and
22following) and Title X of the Housing and Community
23Development Act of 1992begin delete (P.L. 102-550).end deletebegin insert (Public Law 102-550).end insert

24(b) The department shall implement and administer the program.
25The department shall have powers and authority consistent with
26the intent of, and shall adopt regulations to establish the program
27as an authorized state program pursuant to, Title IV, Sections 402
28to 404, inclusive, of the Toxic Substances Control Act (15 U.S.C.
29Sec. 2601 and following).

30(c) (1) Regulations regarding accreditation of training providers
31that the department adopts pursuant to subdivision (b) shall include,
32but not be limited to, provisions governing accreditation of
33providers of health and safety training to employees who engage
34in or supervise lead-related construction work, as defined in Section
35105251, and certification of employees who have successfully
36completed that training.

37(2) Regulations regarding accreditation of training providers
38shall, as a condition of accreditation, require providers to offer
39training that meets the requirements of Section 6717 of the Labor
40Code.

P4    1(d) (1) The department shall, on or before August 1, 1994, adopt
2regulations establishing fees for the accreditation of training
3providers, the certification of individuals, and the licensing of
4entities engaged in lead-related occupations. The fees imposed
5pursuant to this paragraph shall be established at levels not
6exceeding an amount sufficient to cover the costs of administering
7and enforcing the standards and regulations adopted under this
8section. The fees established pursuant to this paragraph shall not
9be imposed on any state or local government or nonprofit training
10program.

11(2) Beginning January 1, 2017, the department shall review its
12schedule of fees collected pursuant to this paragraph at least once
13in any eight-year period and, if necessary, adopt regulations
14establishing new fee amounts that account for changes in the cost
15of living, not to exceed the department’s reasonable costs to
16administer this chapter.

17(e) All regulations affecting the training of employees shall be
18adopted in consultation with the Division of Occupational Safety
19and Health. The regulations shall include provisions for allocating
20to the division an appropriate portion of funds to be expended for
21the program for the division’s cost of enforcing compliance with
22training and certification requirements.

23(f) (1) The department shall review and amend its training,
24certification, and accreditation regulations adopted under this
25section as is necessary to ensure continued eligibility for federal
26and state funding of lead-hazard reduction activities in the state.

27(2) The departmentbegin delete shallend deletebegin insert shall, in consultation with the
28Contractors’ State License Board,end insert
review and amend its regulations
29governing lead-related construction work, including training,
30certification, and accreditation, tobegin insert review, and where appropriate,end insert
31 conformbegin delete toend deletebegin insert to,end insert the federal Environmental Protection Agency’s
32Lead Renovation, Repair, and Painting Program Rule (40 C.F.R.
33745) or impose more stringent requirements and standards that are
34consistent with Section 2617 of Title 15 of the United States Code.

35(3) (A) The department shall request authorization from the
36federal Environmental Protection Agency to administer and enforce
37all of the provisions ofbegin delete 40 C.F.R. Part 745,end delete Subpart E and Subpart
38
begin delete L.end deletebegin insert L of Part 745 of Title 40 of the Code of Federal Regulations.end insert

begin insert

39
(B) The department, in coordination with the Contractors’ State
40License Board, shall develop and implement an education and
P5    1outreach effort to provide the regulated community clear
2information on the regulations.

end insert
begin delete

3(B)

end delete

4begin insert(C)end insert (i) Upon receipt of authorization, if any, from the agency
5pursuant to subparagraph (A), the department shall adopt
6regulations establishing procedures pursuant to which a local law
7enforcement agency may elect to assume and carry out
8responsibility for those enforcement activities in its jurisdiction.

9(ii) A local enforcement agency that elects to assume
10enforcement responsibility as described inbegin delete subclauseend deletebegin insert clauseend insert (i)
11shall, on or before February 28 of each year, submit to the
12department a report of its enforcement activities during the
13immediately preceding calendar year.

14

SEC. 4.  

Section 105251 of the Health and Safety Code is
15amended to read:

16

105251.  

For purposes of this chapter, the following definitions
17apply:

18(a)  The following terms have the respective meanings set forth
19in Chapter 8 (commencing with Section 35001) of Division 1 of
20Title 17 of the California Code of Regulations adopted by the State
21Department of Public Health pursuant to Sections 105250 and
22124160: “abatement,” “accredited training provider,” “certificate,”
23“course completion form,” “CDPH-approved course,” “lead
24hazard,” “lead hazard evaluation,” “lead-related construction
25work,” “public building,” and “residential building.”

26(b) “Code enforcement officer” means a sworn orbegin delete non-swornend delete
27begin insert nonswornend insert inspector, officer, or investigator employed by a city,
28county, or city and county, who possesses specialized training in,
29and whose primary duties are, the prevention, detection,
30investigation, and enforcement of violations of laws regulating
31substandard housing conditions, public nuisance, public health,
32safety, and welfare, public works, business activities, consumer
33protection, building standards, land use, or municipal affairs.

34(c)  “Department” means the State Department of Public Health.

35(d) “Fund” means the Lead-Related Construction Fund created
36by subdivision (a) of Section 105251.1.

37(e) “Local enforcement agency” means the health department,
38environmental agency, housing department, or building department
39of any city, county, or city and county.

P6    1

SEC. 5.  

Section 105251.1 is added to the Health and Safety
2Code
, to read:

3

105251.1.  

(a) All fees collected pursuant to this chapter shall
4be deposited in the Lead-Related Construction Fund, which is
5hereby created in the State Treasury.

6(b) (1) Moneys in the fund shall be expended by the department
7upon appropriation by the Legislature for the purposes of this
8chapter.

9(2) Moneys in the fund are available for cashflow borrowing
10pursuant to Sections 16310 and 16381 of the Government Code.

11(3) Of the amount appropriated in Item 4265-001-0070 of
12Section 2.00 of the Budget Act of 2009, five hundred thousand
13dollars ($500,000) from the Occupational Lead Poisoning
14Prevention Account shall be used to administer the program in the
152009-10 fiscal year. These funds shall be repaid to the
16Occupational Lead Poisoning Prevention Account upon a
17determination by the Department of Finance that sufficient moneys
18are available in the Lead-Related Construction Fund. No interest
19shall be paid by the Lead-Related Construction Fund at the time
20of repayment.

21

SEC. 6.  

Section 105251.2 is added to the Health and Safety
22Code
, to read:

23

105251.2.  

On or before February 28 of each year, the
24department shall submit a report to the federal Environmental
25Protection Agency that contains all of the following information:

26(a) The registry, as of December 31 of the immediately
27preceding calendar year, of the training programs, individuals, and
28entities certified by the department pursuant to Section 105250.

29(b) Information, if any, submitted to the department by local
30enforcement agencies pursuantbegin delete subclauseend deletebegin insert to clauseend insert (ii) of
31subparagraphbegin delete (B)end deletebegin insert (C)end insert of paragraph (3) of subdivision (f)begin insert ofend insert Section
32105250.

33

SEC. 7.  

Section 105251.3 is added to the Health and Safety
34Code
, to read:

35

105251.3.  

(a) A certified lead inspector or assessor, certified
36lead project monitor, or certified lead sampling technician
37conducting lead hazard evaluation on a structure shall not conduct
38lead-related construction on that structure.

39(b) The department shall revoke the certification of a person
40who violates subdivision (a).

P7    1

SEC. 8.  

Section 131051 of the Health and Safety Code is
2amended to read:

3

131051.  

The duties, powers, functions, jurisdiction, and
4responsibilities transferred to the State Department of Public Health
5shall, pursuant to the act that added this section, include all of the
6following previously performed by the former State Department
7of Health Services:

8(a) Under the jurisdiction of the Deputy Director for Prevention
9Services:

10(1) The Office of AIDS, including but not limited to:

11(A) The AIDS Drug Assistance Program (Chapter 6
12(commencing with Section 120950) of Part 4 of Division 105).

13(B) The AIDS Early Intervention Program (Chapter 4
14(commencing with Section 120900) of Part 4 of Division 105).

15(C) The CARE Services Program, provided for pursuant to the
16federal Ryan White CARE Act, 42 U.S.C. Section 300ff.

17(D) The CARE/Health Insurance Premium Payment Program
18(federal Ryan White CARE Act, 42 U.S.C. Sec. 300ff).

19(E) The Housing Opportunities for Persons with AIDS Program
20(Section 100119).

21(F) The Residential AIDS Licensed Facilities Program (former
22Section 100119; Chapter 2 (commencing with Section 120815) of
23Part 4 of Division 105).

24(G) The AIDS Case Management Program (federal Ryan White
25CARE Act, 42 U.S.C. Sec. 300ff; Chapter 2 (commencing with
26Section 120815) of Part 4 of Division 105).

27(H) The AIDS Medi-Cal Waiver Program (former Section
28100119; 42 U.S.C. Sec. 1396n(c)).

29(I) The Bridge Project (former Section 100119).

30(J) The HIV Therapeutic Monitoring Program (Chapter 16
31(commencing with Section 121345) of Part 4 of Division 105).

32(K) The Learning Immune Function Enhancement program
33(former Section 100119).

34(L) The San Ysidro Prevention Project (Section 113019).

35(M) The California Statewide Treatment Education Program
36(former Section 100119).

37(N) The HIV Counseling and Testing Program (Section 113019).

38(O) The Neighborhood Intervention Geared Toward High-Risk
39Testingbegin delete programend deletebegin insert Programend insert (former Section 100119).

P8    1(P) The Perinatal Transmission Prevention Project (Section
2113019).

3(Q) The California AIDS Clearinghouse (Section 113019).

4(R) The California Disclosure Assistance and Partner
5Services/Partner Counseling and Referral Services (Section
6113019).

7(S) The African-American HIV Initiative (Section 113019;
8Chapter 13.7 (commencing with Section 120290) of Part 4 of
9Division 105).

10(T) The Injection Drug User HIV Testing Utilizing Hepatitis C
11Testing High-Risk Initiative (Section 113019).

12(U) The Prevention with Positives High-Risk Initiative (Section
13113019).

14(V) The Statewide Technical Assistance Initiatives (Section
15113019).

16(W) The HIV/AIDS Case Registry (Sections 113019, 120125,
17and 120130).

18(2) The Office of Binational Border Health, including, but not
19limited to, all of the following:

20(A) The California-Mexico Health Initiative (Part 3
21(commencing with Section 475) of Division 1).

22(B) The Early Warning Infectious Disease Surveillance Program
23(Chapter 2 (commencing with Section 1250) of Division 2; Chapter
242 (commencing with Section 120130) of Part 1 of Division 105).

25(3) The Division of Communicable Disease Control, including,
26but not limited to, all of the following:

27(A) The Infant Botulism Treatment and Prevention Program
28(Article 2.5 (commencing with Section 123700) of Chapter 3 of
29Part 2 of Division 106).

30(B) The Sexually Transmitted Disease Control Program (Part
313 (commencing with Section 120500) of Division 105).

32(C) The Infectious Disease Program (Chapter 2 (commencing
33with Section 120130) of Part 1 of Division 105).

34(D) The Bioterrorism Epidemiology Program.

35(E) Thebegin delete Vector Borneend deletebegin insert Vectorborneend insert Diseasebegin insert Programend insert (Part 11
36(commencing with Section 116100) of Division 104).

37(F) The Tuberculosis Control Program (Part 5 (commencing
38with Section 121350) of Division 105).

39(G) The Microbial Diseases Laboratory (Chapter 2 (commencing
40with Section 100250) of Division 101).

P9    1(H) The Viral and Rickettsial Disease Laboratory (Chapter 2
2(commencing with Section 100250) of Division 101).

3(I) The West Nile Human Surveillance Program (Chapter 2
4(commencing with Section 116110) of Part 11 of Division 104).

5(J) The Immunization Program (Part 2 (commencing with
6Section 120325) of Division 105).

7(K) The Vaccines for Children Program (Part 2 (commencing
8with Section 120325) of Division 105).

9(4) The Division of Chronic Disease and Injury Control,
10including, but not limited to, all of the following:

11(A) The IMPACT Prostate Cancer Treatment Program (Chapter
127 (commencing with Section 104322) of Part 1 of Division 103),
13until June 30, 2012. Commencing July 1, 2012, the duties, powers,
14functions, jurisdiction, and responsibilities of the State Department
15of Public Health regarding this program are hereby with the State
16Department of Health Care Services.

17(B) The Every Woman Countsbegin delete programend deletebegin insert Programend insert (Breast and
18Cervical Cancer Screening Program) (Article 1.3 (commencing
19with Section 104150) of Chapter 2 of Part 1 of Division 103;
20Section 30461.6 of the Revenue and Taxation Code), until June
2130, 2012. Commencing July 1, 2012, the duties, powers, functions,
22jurisdiction, and responsibilities of the State Department of Public
23Health regarding this program are hereby with the State Department
24of Health Care Services.

25(C) The Well-Integrated Screening and Evaluation for Women
26Across the Nation Demonstration Project (Article 1.3 (commencing
27with Section 104150) of Chapter 2 of Part 1 of Division 103).

28(D) The California Nutrition Network (Chapter 2 (commencing
29with Section 104575) of Part 3 of Division 103).

30(E) The Cancer Research Program (Article 2 (commencing with
31Section 104175) of Chapter 2 of Part 1 of Division 103).

32(F) The Translational Cancer Research and Technology Transfer
33Program (Article 2 (commencing with Section 104175) of Chapter
342 of Part 1 of Division 103).

35(G) The Ken Maddy California Cancer Registry (Chapter 2
36(commencing with Section 103875) of Part 2 of Division 102).

37(H) The California Osteoporosis Prevention and Education
38Program (Chapter 1 (commencing with Section 125700) of Part 8
39of Division 106).

P10   1(I) The Preventive Health Care for the Aging Program (Part 4
2(commencing with Section 104900) of Division 103).

3(J) The California Arthritis Prevention Program (former Section
4100185).

5(K) The Office of Oral Health (Chapter 3 (commencing with
6Section 104750) of Part 3 of Division 103).

7(L) The Children’s Dental Disease Prevention Program (Article
83 (commencing with Section 104770) of Chapter 3 of Part 3 of
9Division 103).

10(M) The Community Water Fluoridation Program (Article 3.5
11(commencing with Section 116409) of Chapter 4 of Part 12 of
12Division 104).

13(N) The California Asthma Public Health Initiative (Chapter
146.5 (commencing with Section 104316) of Part 1 of Division 103).

15(O) The California Obesity Prevention Initiative (Chapter 2
16(commencing with Section 104575) of Part 3 of Division 103).

17(P) The School Health Connections program (Chapter 2
18(commencing with Section 104575) of Part 3 of Division 103).

19(Q) The California Project LEAN (Chapter 2 (commencing with
20Section 104575) of Part 3 of Division 103).

21(R) The California Center for Physical Activity (Section
22131085).

23(S) The California Diabetes Program (Section 131085).

24(T) The Preventive Medicine Residency Program (Section
25131090).

26(U) The California Epidemiologic Investigation Service (Article
274 (commencing with Section 100325) of Chapter 2 of Part 1 of
28Division 101).

29(V) The Continuing Professional Education Program (Section
30131090).

31(W) The Injury Surveillance and Epidemiology Program (Part
322 (commencing with Section 104325) of Division 103).

33(X) The State and Local Injury Control Program (Chapter 1
34(commencing with Section 104325) of Part 2 of Division 103).

35(Y) The Office on Disability and Health (former Section
36100185).

37(Z) The Alzheimer’s Disease Program (Article 4 (commencing
38with Section 125275) of Chapter 2 of Part 5 of Division 106).

39(AA) The California Tobacco Control Program (Chapter 1
40(commencing with Section 104350) of Part 3 of Division 103).

P11   1(5) The Division of Drinking Water and Environmental
2Management, including, but not limited to, all of the following:

3(A) The Medical Waste Management Program (Part 14
4(commencing with Section 117600) of Division 104).

5(B) The Department of Defense Oversight Program (Radiologic
6Guidance and Approvals) (Part 9 (commencing with Section
7114650) of Division 104).

8(C) The Nuclear Emergency Response Program (Part 9
9(commencing with Section 114650) of Division 104).

10(D) The Institutions Program (Environmental Surveys) (Article
115 (commencing with Section 116025) of Chapter 5 of Part 10 of
12Division 104).

13(E) The Drinking Water Field Management program (Chapter
144 (commencing with Section 116270) of Part 12 of Division 104).

15(F) The Environmental Health Specialist Registration Program
16(Article 1 (commencing with Section 106600) of Chapter 4 of Part
171 of Division 104).

18(G) The Sanitation and Radiation Laboratory (Article 2
19(commencing with Section 100250) of Chapter 2 of Part 1 of
20Division 101); Chapter 4 (commencing with Section 116270) of
21Part 12 of Division 104).

22(H) The Radon Program (Chapter 7 (commencing with Section
23105400) of Part 5 of Division 103; Chapter 4 (commencing with
24Section 116270) of Part 12, and Article 2 (commencing with
25Section 106750) of Chapter 4 of Part 1, of Division 104).

26(I) The Shellfish Sanitation Program (Chapter 5 (commencing
27with Section 112150) of Part 6 of Division 104).

28(J) The Ocean Beach Safety Programs (Article 2 (commencing
29with Section 115875) of Chapter 5 of Part 10 of Division 104).

30(K) The Bioterrorism Planning and Response for Drinking
31Water, Medical Waste, and Environmental Health program (Article
326 (commencing with Section 101315) of Chapter 3 of Part 3 of
33Division 101).

34(L) The Safe Drinking Water State Revolving Fund (Chapter
354.5 (commencing with Section 116760) of Part 12 of Division
36104).

37(M) The Drinking Water Technical Programs (Chapter 4
38(commencing with Section 16270) of Part 12 of Division 104;
39Chapter 4.5 (commencing with Section 116760) of Part 12 of
40Division 104; Article 3 (commencing with Section 106875) of
P12   1Chapter 4 of Part 1 of Division 104; Chapter 5 (commencing with
2Section 116775) of Part 12 of Division 104; Chapter 5
3(commencing with Section 115825) of Part 10 of Divisionbegin delete 104;end delete
4begin insert 104 of this code;end insert Chapter 7 (commencing with Section 13500) of
5Division 7 of the Water Code; Section 13411 of the Water Code).

6(N) The Water Security, Clean Drinking Water, Coastal and
7Beach Protection Act of 2002 (Proposition 50) (Division 26.5
8(commencing with Section 79500) of the Water Code).

9(6) The Division of Environmental and Occupational Disease
10Control, including, but not limited to, all of the following:

11(A) The California Birth Defect Monitoring Program (Chapter
121 (commencing with Section 103825) of Part 2 of Division 102).

13(B) The Childhood Lead Poisoning Prevention Program (Chapter
145 (commencing with Section 105275) of Part 5 of Division 103;
15Article 7 (commencing with Section 124125) of Chapter 3 of Part
162 of Division 106).

17(C) The California Lead Safety Enhancement Act of 2016
18(Chapter 4 (commencing with Section 105249) of Part 5 of
19Division 103).

20(D) The Epidemiology Studies Laboratorybegin delete (Sectionsend deletebegin insert (Sectionend insert
21 25416, former Section 100170, Section 100325, and Section
22104324.25).

23(E) The Center for Autism and Developmental Disabilities
24Research and Epidemiology (former Section 100170).

25(F) The Cancer Cluster/Environmental Investigations (former
26Section 100170).

27(G) The Toxic Mold Program (Chapter 18 (commencing with
28Section 26100) of Division 20).

29(H) The Federal Agency for Toxic Substances and Disease
30Registry Health Assessments, Education and Investigations
31program (former Section 100170).

32(I) The Fish Contamination Outreach and Education program
33(former Section 100170).

34(J) The Air Pollution and Cardiovascular Disease in the
35California Teachers Study Cohort Project (former Section 100170).

36(K) The Delta Watershed Fish Project (outreach, education, and
37training to reduce exposures to mercury in fish) (former Section
38100170).

P13   1(L) The Environmental Health Laboratory (former Section
2100170; Article 2 (commencing with Section 100250) of Chapter
32 of Part 1 of Division 101).

4(M) The Indoor Air Quality program (Chapter 7 (commencing
5with Section 105400) of Part 5 of Division 103).

6(N) The Outdoor Air Quality program (Section 60.9 of the Labor
7Code).

8(O) The Laboratory Response Network for Chemical Terrorism
9program (former Section 100170; Article 2 (commencing with
10Section 100250) of Chapter 2 of Part 1 of Division 101).

11(P) The Air Quality and Human Monitoring Support Program
12(former Section 100170).

13(Q) The Hazard Evaluation System and Information Service
14Program (Article 1 (commencing with Section 105175) of Chapter
152 of Part 5 of Division 103; Section 147.2 of the Labor Code).

16(R) The Occupational Health Surveillance and Evaluation
17Program (Article 1 (commencing with Section 105175) of Chapter
182 of Part 5 of Division 103).

19(S) The Occupational Lead Poisoning Prevention Program
20(Article 2 (commencing with Section 105185) of Chapter 2 of Part
215 of Division 103).

22(T) The Occupational Blood Lead Registry (Article 2
23(commencing with Section 105185) of Chapter 2 of Part 5 of
24Division 103).

25(7) The Division of Food, Drug and Radiation Safety, including,
26but not limited to, all of the following:

27(A) The Drug Licensing Program (Article 6 (commencing with
28Section 111615) of Chapter 6 of Part 5 of Division 104).

29(B) The Consumer Product Safety Program (Part 3 (commencing
30with Section 108100) of Division 104).

31(C) The Export Program (Article 2 (commencing with Section
32110190) of Chapter 2 of Part 5 of Division 104).

33(D) The Food Safety Inspection Program (Part 5 (commencing
34with Section 109875) and Part 6 (commencing with Section
35111940) of Division 104).

36(E) The Foodborne Illness and Tampering Emergency Response
37Program (Part 5 (commencing with Section 109875) of Division
38104).

39(F) The Retail Food Safety Program (Part 7 (commencing with
40Section 113700) of Division 104).

P14   1(G) The Food Safety Industry Education and Training Program
2(pursuant to Section 110485).

3(H) The Medical Device Licensing Program (Article 6
4(commencing with Section 111615) of Chapter 6 of Part 5 of
5Division 104).

6(I) The Medical Device Safety Program (Part 5 (commencing
7with Section 109875) of Division 104).

8(J) The Stop Tobacco Access to Kids Enforcement Program
9(STAKE) (Division 8.5 (commencing with Section 22950) of the
10Business and Professions Code).

11(K) The Food and Drug Laboratory (Chapter 2 (commencing
12with Section 100250) of Division 101).

13(L) The Drug Safety Program (Part 4 (commencing with Section
14109250) and Part 5 (commencing with Section 109875) of Division
15104).

16(M) The General Food Safety Program (Part 5 (commencing
17with Section 109875) and Part 6 (commencing with Section
18111940) of Division 104).

19(N) The Food Testing Program (Chapter 2 (commencing with
20Section 100250) of Division 101).

21(O) The Forensic Alcohol Testing Program (Article 2
22(commencing with Section 100700) of Chapter 4 of Part 1 of
23Division 101).

24(P) The Methadone Laboratory Regulating Program (Article 2
25(commencing with Section 11839.23) of Chapter 10 of Part 2 of
26Division 10.5).

27(Q) The Radiologic Health Program (Part 9 (commencing with
28Section 114650) of Division 104).

29(R) The Mammography Program (Chapter 6 (commencing with
30Section 114840) of Part 9 of Division 104).

31(S) The Radioactive Materials Licensing and Inspection Program
32(Chapter 8 (commencing with Section 114960) of Part 9 of
33Division 104).

34(T) The Radiological Technologist Certification Program
35(Article 5 (commencing with Section 106955) of Part 1, and Article
363 (commencing with Section 114855) of Chapter 6 of Part 9 of
37Division 104).

38(U) The Radioactive Waste Tracking Program (Chapter 8
39(commencing with Section 114960) of Part 9 of Division 104).

P15   1(V) The Radioactive Waste Minimization Program (Chapter 8
2(commencing with Section 114960) of Part 9 of Division 104).

3(W) The Low Level Radioactive Waste Management, Treatment
4and Disposal Program (Chapter 8 (commencing with Section
5114960) of Part 9 of Division 104).

6(X) The Statewide Environmental Radiation Monitoring
7 Program (pursuant to Section 114755).

8(Y) The Department of Energy Oversight Program (Part 9
9(commencing with Section 114650) of Division 104).

10(Z) The X-Ray Machine Inspection and Registration and
11Mammography Quality Standards Act Inspection Program (Article
125 (commencing with Section 106955) of Part 1, and Article 3
13(commencing with Section 114855) of Chapter 6 of Part 9 of
14Division 104).

15(8) The Deputy Director for Laboratory Science, including, but
16not limited to, all of the following:

17(A) The Environmental Laboratory Accreditation Program
18(Article 3 (commencing with Section 100825) of Chapter 4 of Part
191 of Division 101).

20(B) The Laboratory Central Services Program (Article 2
21 (commencing with Section 100250) of Chapter 2 of Part 1 of
22Division 101).

23(C) The National Laboratory Training Network (Section
24131085).

25(D) The Laboratory Field Servicesbegin delete programend deletebegin insert Divisionend insert (Chapter
263 (commencing with Section 1200) of Division 2 of the Business
27and Professions Code).

28(b) Under the jurisdiction of the Deputy Director for Licensing
29and Certification:

30(1) The General Acute Care Hospitals Licensing Program
31(Chapter 2 (commencing with Section 1250) of Division 2).

32(2) The Acute Psychiatric Hospitals Licensing Program (Chapter
332 (commencing with Section 1250) of Division 2).

34(3) The Special Hospitals Licensing Program (Chapter 2
35(commencing with Section 1250) of Division 2).

36(4) The Chemical Dependency Recovery Hospitals Licensing
37Program (Chapter 2 (commencing with Section 1250) of Division
382).

39(5) The Skilled Nursingbegin delete Facilitiesend deletebegin insert Facilityend insert Licensing Program
40(Chapter 2 (commencing with Section 1250) of Division 2).

P16   1(6) The Intermediate Carebegin delete Facilitiesend deletebegin insert Facilityend insert Licensing Program
2(Chapter 2 (commencing with Section 1250) of Division 2).

3(7) The Intermediate Carebegin delete Facilities-Developmentallyend delete
4begin insert Facility-end insertbegin insertDevelopmentallyend insert Disabled Licensing Program (Chapter
52 (commencing with Section 1250) of Division 2).

6(8) The Intermediate Carebegin delete Facilities-Developmentallyend delete
7begin insert Facility-end insertbegin insertDevelopmentallyend insert Disabled-Habilitative Licensing Program
8(Chapter 2 (commencing with Section 1250) of Division 2).

9(9) The Intermediate Carebegin delete Facility-Developmentallyend delete
10begin insert Facility-Developmentallyend insert Disabled-Nursing Licensing Program
11(Chapter 2 (commencing with Section 1250) of Division 2).

12(10) The Home Health Agencies Licensing Program (Chapter
138 (commencing with Section 1725) of Division 2).

14(11) The Referral Agencies Licensing Program (Chapter 2.3
15(commencing with Section 1400) of Division 2).

16(12) The Adult Day Health Centers Licensing Program (Chapter
173.3 (commencing with Section 1570) of Division 2).

18(13) Thebegin delete Congregate Living Health Facilitiesend deletebegin insert congregate living
19health facilitiesend insert
(Chapter 2 (commencing with Section 1250) of
20Division 2).

21(14) The Psychology Clinics Licensing Program (Chapter 1
22(commencing with Section 1200) of Division 2).

23(15) The Primary Clinics--Community and Free Licensing
24Program (Chapter 1 (commencing with Section 1200) of Division
252).

26(16) The Specialty Clinics--Rehab Clinics Licensing Program
27(Chapter 1 (commencing with Section 1200) of Division 2).

28(17) The Dialysis Clinics Licensing Program (Chapter 1
29(commencing with Section 1200) of Division 2).

30(18) The Pediatric Day Health/Respite Care Licensing Program
31(Chapter 2 (commencing with Section 1250) of Division 2).

32(19) The Alternative Birthing Centers Licensing Program
33(Chapter 1 (commencing with Section 1200) of Division 2).

34(20) The Hospice Licensing Program (Chapter 2 (commencing
35with Section 1339.30) of Division 2).

36(21) The Correctional Treatment Centers Licensing Program
37(Chapter 2 (commencing with Section 1250) of Division 2).

38(22) The Medicare/Medi-Cal Certification Program (Chapter 7
39(commencing with Section 14000) of Part 3 of Division 9 of the
40Welfare and Institutions Code).

P17   1(23) The Nursing Home Administratorbegin delete Professional Certificationend delete
2 Program (Chapter 2.35 (commencing with Section 1416) of
3Division 2).

4(24) The Certified Nursing Assistants Professional Certification
5Program (Chapter 2 (commencing with Section 1337) of Division
62).

7(25) The Home Health Aides Professional Certification Program
8(Chapter 8 (commencing with Section 1725) of Division 2).

9(26) The Hemodialysis Technicians Professional Certification
10Program (Chapter 3 (commencing with Section 1247) of Division
112 of the Business and Professions Code; Chapter 10 (commencing
12with Section 1794) of Divisionbegin delete 2).end deletebegin insert 2 of this code).end insert

13(27) The Criminal Background Clearance Program (Chapter 2
14(commencing with Section 1337), Chapter 3 (commencing with
15Section 1520), Chapter 3.01 (commencing with Section 1569.15),
16Chapter 3.4 (commencing with Section 1496.80) of Division 2,
17and Chapter 4 (commencing with Section 11150) of Division 8).

18(c) Under the jurisdiction of the Deputy Director for Health
19Information and Strategic Planning:

20(1) The Refugee Health Program (Subpart G of Part 400 of Title
2145 of the Code of Federal Regulations).

22(2) The Office of County Health Services (Article 5
23(commencing with Section 101300) of Chapter 3 of Part 3 of
24Divisionbegin delete 101;end deletebegin insert 101 of this code;end insert Part 4.7 (commencing with Section
2516900) of Division 9 of the Welfare and Institutions Code).

26(3) The Medically Indigent Services Program (Article 5
27(commencing with Section 101300) of Chapter 3 of Part 3 of
28Division 101).

29(4) The Office of Vital Records (Part 1 (commencing with
30Section 102100) of Division 102).

31(5) The Office of Health Information and Research (Article 1
32(commencing with Section 102175) of Chapter 2 of Part 1 of
33Division 102; Section 128730).

34(6) The Local Public Health Services Program (Article 5
35(commencing with Section 101300) of Chapter 3 of Part 3 of
36Division 101).

37(7) Thebegin insert Nationalend insert Center for Health Statistics (Part 1
38(commencing with Section 102100) of Division 102; Section
39128730).

P18   1(8) The Medical Marijuana Program (Article 2.5 (commencing
2with Section 11362.7) of Chapter 6 of Division 10 of the Health
3and Safety Code).

4(d) Under the jurisdiction of the Deputy Director for Primary
5Care and Family Health:

6(1) The Maternal,begin delete Childend deletebegin insert Child,end insert and Adolescent Healthbegin delete programend delete
7begin insert Programend insert (Part 2 (commencing with Section 123225) of Division
8106).

9(2) The Adolescent Family Life Program (Article 1
10(commencing with Section 124175) of Chapter 4 of Part 2 of
11Division 106).

12(3) The Advanced Practice Nurse Training program (Part 2
13(commencing with Section 123225) of Division 106).

14(4) Thebegin insert Californiaend insert Black Infant Health Program (Part 2
15(commencing with Section 123225) of Division 106).

16(5) The Breastfeeding Program (Article 3 (commencing with
17Section 123360) of Chapter 1 of Part 2 of Division 6).

18(6) The California Diabetes and Pregnancy Program (Part 2
19(commencing with Section 123225) of Division 106).

20(7) The California Initiative to Improve Adolescent Healthbegin insert by
21the Year 2010end insert
(Part 2 (commencing with Section 123225) of
22Division 106).

23(8) The Childhood Injury Prevention Program (Article 4
24(commencing with Section 100325) of Chapter 2 of Division 101).

25(9) The Comprehensive Perinatal Services Program (Article 3
26(commencing with Section 123475) of Chapter 2 of Partbegin delete 2;end deletebegin insert 2 of
27this code;end insert
Section 14134.5 of the Welfare and Institutions Code).

28(10) Thebegin insert Californiaend insert Fetal and Infant Mortality Review Program
29(Article 1 (commencing with Section 123650) of Chapter 3 of Part
302 of Division 106).

31(11) The Human Stem Cell Research Program (Chapter 3
32(commencing with Section 125290.10) of Part 5 of Division 106;
33Chapter 1 (commencing with Section 125300) of Part 5.5 of
34Division 106).

35(12) Thebegin delete Local Health Departmentend deletebegin insert local health departmentend insert
36 Maternal,begin delete Childend deletebegin insert Child,end insert and Adolescent Health Program (Section
37123255).

38(13) The Maternal Mortality Review Program (Article 4
39(commencing with Section 100325) of Chapter 2 of Division 101).

P19   1(14) The Oral Health Program (Part 2 (commencing with Section
2123225) of Division 106).

3(15) The Preconception Health and Health Care Initiative (Part
42 (commencing with Section 123225) of Division 106).

5(16) The Regional Perinatal Programs of California (Article 4
6(commencing with Section 123550) of Chapter 2 of Part 2 of
7Division 106).

8(17) The Perinatal Dispatch Centers Outreach and Education
9Program (Article 4 (commencing with Section 123750) of Chapter
103 of Part 2 of Division 106).

11(18) The State Early Childhood Comprehensivebegin delete Servicesend delete
12begin insert Systemsend insert program (Part 2 (commencing with Section 123225) of
13Division 106).

14(19) The Sudden Infant Death Syndrome Program (Article 3
15(commencing with Section 123725) of Chapter 3 of Part 2 of
16Division 106).

17(20) The Youth Pilot Program (Chapter 12.85 (commencing
18with Section 18987) of Part 6 of Division 9 of the Welfare and
19Institutions Code).

20(21) The Office of Family Planning (Chapter 8.5 (commencing
21with Section 14500) of Part 3 of Division 9 of the Welfare and
22Institutions Code; Division 24 (commencing with Section 24000)
23of the Welfare and Institutions Code), until June 30, 2012.
24Commencing July 1, 2012, the duties, powers, functions,
25jurisdiction, and responsibilities of the State Department of Public
26Health regarding this office are hereby with the State Department
27of Health Care Services.

28(22) The Community Challenge Grant Program (Section 14504.1
29of the Welfare and Institutions Code, and Chapter 14 (commencing
30with Section 18993) of Part 6 of Division 9 of the Welfare and
31Institutions Code).

32(23) The Information and Education Program (Section 14504.3
33of the Welfare and Institutions Code).

34(24) The Family PACT Program (subdivision (aa) of Section
3514132 and Section 24005 of the Welfare and Institutions Code),
36until June 30, 2012. Commencing July 1, 2012, the duties, powers,
37functions, jurisdiction, and responsibilities of the State Department
38of Public Health regarding this program are hereby with the State
39Department of Health Care Services.

P20   1(25) The Male Involvement Program (Section 14504 of the
2Welfare and Institutions Code).

3(26) The TeenSMART Outreach Program (Section 14504.2 of
4the Welfare and Institutions Code).

5(27) The Battered Women Shelter Program (Chapter 6
6(commencing with Section 124250) of Part 2 of Division 106).

7(28) The Women,begin delete Infantsend deletebegin insert Infants,end insert and Childrenbegin delete Programend delete
8begin insert programend insert (Article 1 (commencing with Section 123275) of Chapter
91 of Part 2 of Division 106).

10(29) The WIC Supplemental Nutrition Program (Article 1
11(commencing with Section 123275) of Chapter 1 of Part 2 of
12Division 106).

13(30) The Farmers Market Nutrition Program (Section 123279).

14(31) begin insertThe end insertGenetic Diseasebegin insert Screeningend insert Program (Chapter 1
15(commencing with Section 124975) of Part 5 of Division 106).

16(32) The Newborn Screening Program (Chapter 1 (commencing
17with Section 124975) of Part 5 of Division 106).

18(33) The Prenatal Screening Program (Chapter 1 (commencing
19with Section 124975) of Part 5 of Division 106).



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