Amended in Senate May 31, 2016

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 amendbegin delete Sections 105250, 105251, and 131051 of, and to add Sections 105249, 105251.1, 105251.2, and 105251.3end deletebegin insert Section 105254 of, and to add Section 105250.5end insert to, the Health and Safety Code, relating to publicbegin delete health.end deletebegin insert health, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1073, as amended, Monning. begin deleteResidential housing: lead-based end deletebegin insertLead-basedend insert 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 thatbegin delete training and toend deletebegin insert training. Existing law requires the department to adopt regulations toend insert establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified.begin insert Existing law requires those fees to be deposited into the Lead-Related Construction Fund, as specified. Existing law creates in the State Treasury the Childhood Lead Poisoning Prevention Fund and makes the revenue in the fund available for expenditure, upon appropriation, for particular purposes relating to childhood lead poisoning prevention.end insert

begin delete

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
begin 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.

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This bill would require the department to update its regulations governing lead-related construction work, including training and certification for workers and accreditation for trainers in lead-safe work practices, to comply with existing state regulations and the United States Environmental Protection Agency’s Lead Renovation, Repair, and Painting Rule, as specified. The bill would require the adoption of those regulations to include fee provisions for those certifications and accreditations. The bill would appropriate $500,000 from the Childhood Lead Poisoning Prevention Fund to the department for the purposes of implementation until fees can be collected under these provisions, to be repaid upon determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund to repay that amount. The bill would require the regulations adopted pursuant to these provisions to be adopted as emergency regulations, as specified.

end insert
begin insert

Existing law requires certain persons engaged in lead construction work to have a certificate under these provisions. A violation of that provision is a crime.

end insert
begin insert

This bill would further require a person engaged in renovation, repair, or painting work that will disturb lead-based paint to have a certificate. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 105250.5 is added to the end insertbegin insertHealth and
2Safety Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert105250.5.end insert  

(a) By July 1, 2018, the department shall review
4and amend its regulations governing lead-related construction
5work, including training and certification for workers and
6accreditation for trainers in lead-safe work practices to comply
7with Chapter 8 (commencing with Section 35001) of Division 1 of
8Title 17 of the California Code of Regulations adopted by the
9department pursuant to Sections 105250 and 124160 and the
10United States Environmental Protection Agency’s Lead Renovation,
11Repair, and Painting Rule (40 C.F.R. 745).

P4    1
(b) The amended regulations adopted pursuant to subdivision
2(a) shall include, but not be limited to, the following:

3
(1) A regulation requiring employers to maintain and provide
4access to written files for each separate job or phase of work,
5where the work process used is different or the work is performed
6at noncontiguous locations, noting all of the following:

7
(A) The address of the job.

8
(B) The exact physical location of the job at that address.

9
(C) The start and projected completion date.

10
(D) The name of a certified supervisor with sufficient experience
11and authority who is responsible for the lead-related work at that
12job.

13
(E) The name of a qualified person, who is responsible for
14scheduling any clearance testing, evaluation of sampling results,
15and conducting respirator fit testing and evaluating the results of
16those tests.

17
(F) The type of work to be performed, the work practices that
18will be utilized, and the potential for exposure.

19
(G) Records of prerenovation education for occupants.

20
(2) A regulation requiring a copy of the worker and firm
21certification to be provided before the start of the job to the prime
22contractor or other employers on the site and to be posted on the
23jobsite beside the Cal-OSHA poster.

24
(c) Consistent with Section 105250, the department shall also
25adopt regulations establishing fees for the certifications or
26accreditations established pursuant to this section. The fees
27imposed under this section shall be established at levels not
28exceeding an amount sufficient to cover the costs of administering
29and enforcing the standards and regulations adopted under this
30section. The fees established pursuant to this section shall be
31deposited into the Lead-Related Construction Fund pursuant to
32Section 105250.

33
(d) Five hundred thousand dollars ($500,000) is hereby
34appropriated from the Childhood Lead Poisoning Prevention Fund
35to the department, to be used to develop, initiate, and administer
36this section until adequate fees can be collected for the ongoing
37administration of this section. These funds shall be repaid to the
38Childhood Lead Poisoning Prevention Fund upon determination
39by the Department of Finance that sufficient moneys are available
40in the Lead-Related Construction Fund to repay that amount. No
P5    1interest shall be paid by the Lead-Related Construction Fund at
2the time of repayment.

3
(e) (1) Notwithstanding the rulemaking provisions of the
4Administrative Procedure Act (Chapter 3.5 (commencing with
5Section 11340) of Part 1 of Division 3 of Title 2 of the Government
6Code), the department may implement and administer this section
7through all-county letters or similar instructions from the
8department until regulations are adopted. The department shall
9adopt emergency regulations implementing these provisions no
10later than July 1, 2017. The department may readopt any
11emergency regulation authorized by this section that is the same
12as or substantially equivalent to an emergency regulation
13previously adopted under this section.

14
(2) The initial adoption of emergency regulations pursuant to
15this section and one readoption of emergency regulations shall be
16deemed an emergency and necessary for the immediate
17preservation of the public peace, health, safety, or general welfare.
18Initial emergency regulations and the one readoption of emergency
19regulations authorized by this section shall be exempt from review
20by the Office of Administrative Law. The initial emergency
21 regulations and the one readoption of emergency regulations
22authorized by this section shall be submitted to the Office of
23Administrative Law for filing with the Secretary of State, and each
24shall remain in effect for no more than 180 days, by which time
25final regulations may be adopted.

end insert
26begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 105254 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert

28

105254.  

(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
33buildings.

34(2)  Persons preparing or designing plans for the abatement of
35lead-based paint or lead hazards from residential or public
36buildings.

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
3center.

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.

begin insert

8
(6) Persons doing renovation, repair, or painting work in a
9residential or public building that will disturb lead-based paint.

end insert

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
16need.

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.

29begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Senate, April 26, 2016. (JR11)



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