BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1073 (Monning) - Residential housing:  lead-based paint
          
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          |Version: April 26, 2016         |Policy Vote: E.Q. 7 - 0         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 16, 2016      |Consultant: Narisha Bonakdar    |
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          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  







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          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  








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            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.


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