BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1073|
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THIRD READING
Bill No: SB 1073
Author: Monning (D)
Amended: 5/31/16
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/20/16
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NO VOTE RECORDED: Bates, Nielsen
SUBJECT: Residential housing: lead-based paint
SOURCE: California Association of Code Enforcement Officers
Healthy Homes Collaborative
DIGEST: This bill requires the Department of Public Health to
review and amend its regulations governing lead-related
construction work to conform to the federal Environmental
Protection Agency's Lead Renovation, Repair, and Painting Rule,
as specified.
ANALYSIS: Existing federal law requires, 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),
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
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renovators who are trained by EPA-approved training providers
and follow lead safe work practices.
Existing state law requires the 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.
This bill requires DPH to review and amend its regulations
governing lead-related construction work to conform to US EPA's
RRP Rule, as specified.
Background
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
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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
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.
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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.
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
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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.
FISCAL EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
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 up to $1.135 million annually (special fund),
beginning FY 2017-18, to implement and manage the program and
required information technology systems. Some or all of these
costs may be offset with application fee revenue.
Appropriates $500,000 from the Childhood Lead Poisoning
Prevention Fund to DPH to develop the program, and requires
that funds are repaid once fee revenue is sufficient to
administer the program.
SUPPORT: (Verified5/27/16)
California Association of Code Enforcement Officers (co-source)
Healthy Homes Collaborative (co-source)
AAA LEAD Consultants and Inspections, Inc.
Barr & Clark, Independent Environmental Testing
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California Pan-Ethnic Health Network
California Rural Legal Assistance Foundation
Coalition for Economic Survival
Home+Safe Environmental
Inner City Law Center
Physicians for Social Responsibility, Los Angeles
Public Health Institute
Society for Allergy-Friendly Environmental (SAFE) Gardening
The American Congress of Obstetricians and Gynecologists
The Arc California
United Cerebral Palsy
Western Center on Law & Poverty
OPPOSITION: (Verified5/27/16)
None received
Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
5/31/16 22:09:55
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