BILL ANALYSIS Ó
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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