BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1073 (Monning) - Residential housing: lead-based paint ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 26, 2016 |Policy Vote: E.Q. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 16, 2016 |Consultant: Narisha Bonakdar | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill outlines certification and enforcement requirements for employees conducting lead-related work. Fiscal Impact: One-time costs of $231,000 (special fund) to the Department of Public Health (DPH) to develop regulations regarding the standardized training courses, certification procedures, and other requirements. Ongoing costs of $1.135 million annually (special fund), beginning FY 2017-18, for staffing costs necessary to implement and manage program and IT systems support to update maintain a database and web interface to manage the applications and fees related to the program, along with associated maintenance of the system. Background: Requires DPH to implement and administer a residential lead-based paint hazard reduction program, including adopting SB 1073 (Monning) Page 1 of ? 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. Proposed Law: This bill: Requires DPH to develop regulations regarding accreditation of training providers that certify employees who engage in or supervise lead-related construction work, and the certification requirements for such employees. Requires DPH to review its schedule of fees collected at least once in any eight-year period and, if necessary, adopt regulations establishing new fee amounts that account for changes in the cost of living, not to exceed DPH's reasonable costs to administer the program. Requires DPH, in consultation with the Contractors' State License Board (CSLB), to review and amend its regulations governing lead-related construction work, including training, certification, and accreditation. Requires DPH, in consultation with CSLB, to review, and where appropriate, conform to, the federal Environmental Protection Agency's Lead Renovation, Repair, and Painting Program Rule (40 C.F.R. 745) or impose more stringent requirements and standards that are consistent with Section 2617 of Title 15 of the United States Code. Requires DPH to request authorization from the federal Environmental Protection Agency to administer and enforce all of the provisions of Subpart E and Subpart L of Part 745 of Title 40 of the Code of Federal Regulations. Requires DPH, in coordination with the CSLB, to develop and implement an education and outreach effort to provide the regulated community clear information on the regulations. Requires DPH, upon receipt of authorization, if any, to adopt regulations establishing procedures pursuant to which a local law enforcement agency may elect to assume and carry out responsibility for those enforcement activities in its SB 1073 (Monning) Page 2 of ? jurisdiction. Requires any local enforcement agency that elects to assume enforcement responsibility certification of lead related work, on or before February 28 of each year, to submit to DPH a report of its enforcement activities during the immediately preceding calendar year. Specifies how monies collected must be used. Authorizes a no-interest loan of $500,000 from the Occupational Lead Poisoning Prevention Account for the administration of the program, upon a determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund. Requires DPH, on or before February 28 of each year, to report specified information to the federal Environmental Protection Agency. Outlines penalties for violations of this provision. Makes conforming changes. -- END --