BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Wieckowski, Chair
                                2015 - 2016  Regular 
           
          Bill No:            SB 1073
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          |Author:    |Monning                                              |
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          |Version:   |3/28/2016              |Hearing      |4/20/2016       |
          |           |                       |Date:        |                |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Rachel Machi Wagoner                                 |
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          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.







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          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
          








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          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  








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             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.








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             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  








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             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  



           
                                          
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