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
SB 1073 (Monning) Page 1 of
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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
SB 1073 (Monning) Page 2 of
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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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