as amended, Monning.
begin deleteResidential housing: lead-based end delete 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 successfully completed that
begin delete training and toend delete 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 department to, in consultation with the Contractors’ State License Board, update those regulations and other regulations governing lead-related construction work to, where appropriate, conform to the federal Environmental Protection Agency’s Lead Renovation, Repair, and Painting Rule or to be more stringent. 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. 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.end delete
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.end delete
begin deleteno end delete.
Fiscal committee: yes.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
(a) The following persons engaged in the following
29types of lead construction work shall have a certificate:
30(1) Persons who receive pay for doing lead hazard evaluations,
31including, but not limited to, lead inspections, lead risk
32assessments, or lead clearance inspections, in residential or public
34(2) Persons preparing or designing plans for the abatement of
35lead-based paint or lead hazards from residential or public
37(3) Persons doing any work designed to reduce or eliminate
38lead hazards on a permanent basis (to last 20 years or more) from
39residential or public buildings.
P6 1(4) Persons inspecting for lead or doing lead abatement
2activities in a public elementary school, preschool, or day care
4(5) Persons doing lead-related construction work in a residential
5or public building that will expose a person to airborne lead at or
6above the eight-hour permissible exposure limit of 50 micrograms
7per cubic meter.
10(b) Persons performing routine maintenance and repairs in
11housing are not required to have a certificate if they are not
12performing any of the activities listed under subdivision (a).
13(c) The department may adopt regulations to modify
14certification requirements for persons engaged in lead construction
15work based on changes to state or federal law, or programmatic
17(d) The department or any local enforcement agency may,
18consistent with Section 17972, enter, inspect, and photograph any
19premises where abatement or a lead hazard evaluation is being
20conducted or has been ordered, enter the place of business of any
21person who conducts abatement or lead hazard evaluations, and
22inspect and copy any business record of any person who conducts
23abatement or lead hazard evaluations to determine whether the
24person is complying with this section.
25(e) A violation of this section shall be punishable by
26imprisonment for not more than six months in the county jail, a
27fine of not more than one thousand dollars ($1,000), or by both
28that imprisonment and fine.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, April 26, 2016. (JR11)