Amended in Assembly June 21, 2016

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 amend Section 105254 of, and to add Section 105250.5 to, the Health and Safety Code, relating to public health, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 1073, as amended, Monning. 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 successfully completed that training. Existing law requires the department to adopt regulations to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified. 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.

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.

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.

This bill would further requirebegin delete a person engaged inend deletebegin insert persons who receive compensation for doingend insert renovation, repair, or painting work that will disturb lead-based paint to have abegin delete certificate.end deletebegin insert certificate under these provisions.end insert By expanding the scope of an existing crime, the 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: yes. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 105250.5 is added to the Health and
2Safety Code
, to read:

3

105250.5.  

(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
P3    1of Title 17 of the California Code of Regulations adopted by the
2department pursuant to Sections 105250 and 124160 and the United
3States Environmental Protection Agency’s Lead Renovation,
4Repair, and Painting Rule (40 C.F.R. 745).

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

7(1) A regulation requiring employers to maintain and provide
8access to written files for each separate job or phase of work, where
9the work process used is different or the work is performed at
10noncontiguous locations, noting all of the following:

11(A) The address of the job.

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

13(C) The start and projected completion date.

14(D) The name of a certified supervisor with sufficient experience
15and authority who is responsible for the lead-related work at that
16job.

17(E) The name of a qualified person, who is responsible for
18scheduling any clearance testing, evaluation of sampling results,
19and conducting respirator fit testing and evaluating the results of
20those tests.

21(F) The type of work to be performed, the work practices that
22will be utilized, and the potential for exposure.

23(G) Records of prerenovation education for occupants.

24(2) A regulation requiring a copy of the worker and firm
25certification to be provided before the start of the job to the prime
26contractor or other employers on the site and to be posted on the
27jobsite beside the Cal-OSHA poster.

28(c) Consistent with Section 105250, the department shall also
29adopt regulations establishing fees for the certifications or
30accreditations established pursuant to this section. The fees
31imposed under this section shall be established at levels not
32exceeding an amount sufficient to cover the costs of administering
33and enforcing the standards and regulations adopted under this
34section. The fees established pursuant to this section shall be
35deposited into the Lead-Related Construction Fund pursuant to
36Section 105250.

37(d) Five hundred thousand dollars ($500,000) is hereby
38appropriated from the Childhood Lead Poisoning Prevention Fund
39to the department, to be used to develop, initiate, and administer
40this section until adequate fees can be collected for the ongoing
P4    1administration of this section. These funds shall be repaid to the
2Childhood Lead Poisoning Prevention Fund upon determination
3by the Department of Finance that sufficient moneys are available
4in the Lead-Related Construction Fund to repay that amount. No
5interest shall be paid by the Lead-Related Construction Fund at
6the time of repayment.

7(e) (1) Notwithstanding the rulemaking provisions of the
8Administrative Procedure Act (Chapter 3.5 (commencing with
9Section 11340) of Part 1 of Division 3 of Title 2 of the Government
10Code), the department may implement and administer this section
11through all-county letters or similar instructions from the
12department until regulations are adopted. The department shall
13adopt emergency regulations implementing these provisions no
14later than July 1, 2017. The department may readopt any emergency
15regulation authorized by this section that is the same as or
16substantially equivalent to an emergency regulation previously
17adopted under this section.

18(2) The initial adoption of emergency regulations pursuant to
19this section and one readoption of emergency regulations shall be
20deemed an emergency and necessary for the immediate
21preservation of the public peace, health, safety, or general welfare.
22Initial emergency regulations and the one readoption of emergency
23regulations authorized by this section shall be exempt from review
24by the Office of Administrative Law. The initial emergency
25 regulations and the one readoption of emergency regulations
26authorized by this section shall be submitted to the Office of
27Administrative Law for filing with the Secretary of State, and each
28shall remain in effect for no more than 180 days, by which time
29final regulations may be adopted.

30

SEC. 2.  

Section 105254 of the Health and Safety Code is
31amended to read:

32

105254.  

(a)  The following persons engaged in the following
33types of lead construction work shall have a certificate:

34(1)  Persons who receive pay for doing lead hazard evaluations,
35including, but not limited to, lead inspections, lead risk
36assessments, or lead clearance inspections, in residential or public
37buildings.

38(2)  Persons preparing or designing plans for the abatement of
39lead-based paint or lead hazards from residential or public
40buildings.

P5    1(3)  Persons doing any work designed to reduce or eliminate
2lead hazards on a permanent basis (to last 20 years or more) from
3residential or public buildings.

4(4)  Persons inspecting for lead or doing lead abatement
5activities in a public elementary school, preschool, or day care
6center.

7(5)  Persons doing lead-related construction work in a residential
8or public building that will expose a person to airborne lead at or
9above the eight-hour permissible exposure limit of 50 micrograms
10per cubic meter.

11(6) Personsbegin insert who receive compensation forend insert doing renovation,
12repair, or painting work in a residential or public building that will
13disturb lead-based paint.

14(b)  Persons performing routine maintenance and repairs in
15housing are not required to have a certificate if they are not
16performing any of the activities listed under subdivision (a).

17(c)  The department may adopt regulations to modify
18certification requirements for persons engaged in lead construction
19work based on changes to state or federal law, or programmatic
20need.

21(d)  The department or any local enforcement agency may,
22consistent with Section 17972, enter, inspect, and photograph any
23premises where abatement or a lead hazard evaluation is being
24conducted or has been ordered, enter the place of business of any
25person who conducts abatement or lead hazard evaluations, and
26inspect and copy any business record of any person who conducts
27abatement or lead hazard evaluations to determine whether the
28person is complying with this section.

29(e)  A violation of this section shall be punishable by
30imprisonment for not more than six months in the county jail, a
31fine of not more than one thousand dollars ($1,000), or by both
32that imprisonment and fine.

33

SEC. 3.  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P6    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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