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  ****