BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: SB 1073 ----------------------------------------------------------------- |Author: |Monning | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |3/28/2016 |Hearing |4/20/2016 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Rachel Machi Wagoner | | | | ----------------------------------------------------------------- SUBJECT: Residential housing: lead-based paint ANALYSIS: Existing federal law: Under United States regulation Title 40 Chapter I Subchapter R Part 745 Subpart E developed under sections 402 and 406 of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2682 and 2686) also known as the Lead-Based Paint Renovation, Repair and Painting (RRP Rule) requires that persons performing renovation, repair, and painting projects for compensation that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 be certified by the United States Environmental Protection Agency US EPA (or a US EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead safe work practices. Existing California law: Requires the State Department of Public Health (DPH) 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 and to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified. SB 1073 (Monning) Page 2 of ? This bill: 1) Requires DPH to update regulations governing lead-related construction work to conform to the federal Environmental Protection Agency's Lead Renovation, Repair, and Painting Rule or to be more stringent. 2) Requires DPH 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. 3) Requires a local enforcement agency that elects to carry out those enforcement activities to submit an annual report to DPH regarding those activities, as specified. 4) Requires DPH 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 DPH's reasonable costs to administer those provisions. 5) Requires DPH to submit a report, on or before February 28 of each year, to the US EPA 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. 6) Prohibits 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. Background SB 1073 (Monning) Page 3 of ? 1) Lead Exposure. Lead can affect almost every organ and system in your body. Children six years old and younger are most susceptible to the effects of lead. In children, the main target for lead toxicity is the nervous system. Even very low levels of lead in the blood of children can result in: Permanent damage to the brain and nervous system, leading to behavior and learning problems, lower IQ, and hearing problems. Slowed growth. Anemia. Lead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also be circulated from the mother's blood stream through the placenta to the fetus. Lead in a pregnant woman's body can result in serious effects on the pregnancy and her developing fetus. 1) RRP Rule. In 2008 EPA issued a rule for home improvement contractors and maintenance professionals who renovate or repair pre-1978 housing, child care facilities or schools. The rule requires that by April 2010 contractors and maintenance professionals be certified, that their employees be trained, and that they follow protective lead-safe work practice standards. The covered facilities include residential buildings (owner-occupied and rental), and child-occupied facilities such as day care centers and kindergartens. The rule applies to renovation, repair or painting activities. It does not apply to minor maintenance or repair activities affecting less than six square feet of lead-based paint in a room or SB 1073 (Monning) Page 4 of ? less than 20 square feet of lead-based paint on the exterior. Window replacement is covered regardless; it is not considered minor maintenance or repair. Many contractors think the issue of lead paint poisoning went away years ago, or that they are doing all that needs to be done to avoid it. But lead paint was used in more than 38 million homes prior to its ban for residential use in 1978. This paint can form toxic dust when it is disturbed during normal home repair work. The purpose of the RRP rule is to minimize exposure from lead-based paint dust during renovation, repair, or painting activities. The RRP Rule is expected to reduce the prevalence of childhood lead poisoning, particularly lead poisoning caused by housing contaminated by renovation activities. The Rule will also minimize exposure to older children and adults who are also adversely impacted by lead-based paint dust exposure. The RRP Rule requires that all renovation, repair, and painting firms (including sole proprietorships) working in housing, or facilities where children are routinely present, built before 1978, to be certified. Individuals within these firms must also be certified ("Certified Renovator") and they must be assigned to each job, and must provide lead-safe work practices training to all non-certified renovation workers on a job site. To become a Certified Renovator, a person must complete a renovator training course accredited by EPA or an EPA-authorized program on lead-safe work practices and other regulatory requirements. EPA certification is good for five years. EPA requires that renovators follow certain work practice and clean up requirements during regulated jobs including: setting up the job site safely, minimizing dust on the job, and cleaning up carefully and completely. Violations of the RRP Rule can have fines as high as $37,500.00 per violation. SB 1073 (Monning) Page 5 of ? Fourteen other states and one Tribe have adopted the RRP Rule - Alabama, Delaware, Georgia, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oklahoma, Oregon, Rhode Island, Utah, Washington and Wisconsin. Comments 1) Purpose of Bill. According to the author, "SB 1073 would eliminate the current regulatory confusion regarding certification for lead paint removal and provide funding for increased enforcement of all laws regarding lead paint ensuring increased protections for residents living in aged homes and greater worker safety protocols." 2) Intended Impact? It is unclear whether the RRP Rule has had its desired impact of reducing childhood lead exposure. Because the certification process is complicated and an additional cost and compliance with the RRP Rule is also onerous and costly, it is possible that many homeowners or facilities may opt to conduct renovations without hiring a trained professional, potentially increasing the risks associated with lead paint dust exposure through inexperience and doing it in the presence of the child(ren) the regulation is meant to protect. US EPA recently published a Frequently Asked Question (FAQ) document on the RRP Rule. The FAQ is 91 pages of information. This level of complexity may actually contribute to less safe work/ home renovation practices rather than more. If DPH is to make conforming changes to California regulation to align with federal regulation, then DPH should conduct a public review process and evaluation should be done by DPH prior to adopting these regulations, in whole or in part, to determine how best to integrate the federal regulations for California consumers and workers. An amendment should be taken to require DPH to do this evaluation in a public process prior to adopting conforming regulations. Additionally, regulatory fees collected for this program will go toward enforcement of the regulations. But given the complexity of the regulation and compliance, DPH should, in SB 1073 (Monning) Page 6 of ? coordination with the State Contractors Licensing Board, develop an education and outreach program to help contractors and homeowners comply. Not just enforce against them. An amendment should be taken to direct DPH and the State Contractors Licensing Board to work together to develop and implement an education and outreach program on lead safe work practices. SOURCE: Healthy Homes Collaborative California Association of Code Enforcement Officers SUPPORT: Barr and Clark, Inc. California Pan-Ethnic Health Network Coalition for Economic Survival Environmental Working Group Esperanza Community Housing Corporation Impact Assessment, Inc. Inner City Law Center Inquilinos Unidos/United Tenants Koreatown Immigrant Workers' Alliance Physicians for Social Responsibility Los Angeles Public Health Institute Society for Allergy-Friendly Environmental (SAFE) Gardening Strategic Actions for a Just Economy St. John's Well Child and Family Center OPPOSITION: None received -- END -- SB 1073 (Monning) Page 7 of ?