BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1073| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 1073 Page 2 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 SB 1073 Page 3 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. SB 1073 Page 4 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 SB 1073 Page 5 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 SB 1073 Page 6 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 **** END ****