BILL ANALYSIS Ó
SB 1073
Page 1
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1073
(Monning) - As Amended June 21, 2016
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|Policy |Environmental Safety and Toxic |Vote:|7 - 0 |
|Committee: |Materials | | |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill requires the Department of Public Health (DPH) to
update regulations governing lead-related construction work to
conform to the federal Environmental Protection Agency's (US
EPA) Lead Renovation, Repair, and Painting Rule (RRP) by July 1,
2018. Specifically, this bill:
1)Requires DPH to update its training and certification for
workers and accreditation for trainers in lead-safe practices
consistent with federal laws and policies by emergency
regulations.
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2)Expands the group of workers required to receive certification
to include anyone receiving compensation for doing renovation,
repair, or painting work that will disturb lead-based paint.
3)Requires DPH to adopt regulations establishing fees for the
certifications and accreditations at levels not exceeding an
amount sufficient to cover the costs of administering and
enforcing the standards and regulations adopted under the
provisions of the bill. Fee revenue is required to be
deposited in the Lead-Related Construction Fund (LRCF).
FISCAL EFFECT:
1) Appropriates $500,000 from the Childhood Lead Poisoning
Protection Prevention Fund to DPH to be used for the purposes
of the bill until adequate fees can be collected for ongoing
administration.
Funds are required to be repaid, without interest, when the
Department of Finance (DOF) determines sufficient funds are
available in the LRCF.
2) One-time increased costs of $231,000 (LRCF) to develop a
plan, and create RRP regulations, standardized training
courses, and RRP-program specific certification and
accreditation procedures over the first two years.
3) Ongoing annual costs initially in the $1.1 million range and
reaching up to $3.9 million around year 2. DPH expects
program growth based upon the number of persons required to
receive licenses and certifications increasing by 350%.
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It is anticipated that the fees will eventually cover the
costs of the activities required by this bill.
COMMENTS:
1)Rationale. This bill is intended to address the confusion
between state requirements for lead-related construction work
and those required by the federal Lead-Based Paint Renovation
Repair and Painting (RRP) Rule.
In 1991, the Legislature enacted AB 2038 (Chapter 799, Statues
of 1991), to establish a program within the Department of
Health Services (DHS, which is now DPH) to meet the
requirements of federal law. AB 2038 required DHS to adopt
regulations for the accreditation of training providers that
engage in or supervise lead-related construction work, and
required the establishment of fees for the accreditation and
the licensing of entities engaged in lead-related occupations.
The fees are deposited into the Lead-Related Construction Fund
(LRCF)
In 2002, the Legislature enacted SB 460 (Chapter 931, Statutes
of 2002) to require lead safe work practices in pre-1978
buildings. SB 460 added lead hazards to the conditions causing
structures to be uninhabitable and substandard. SB 460 also
required DHS certification for any person being paid for lead
construction work, including inspection, risk assessment or
designing plans for the abatement of lead hazards and any
person performing lead inspections or abatement in a public
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elementary, preschool or day care center.
On April 22, 2008, the US EPA issued the RRP requiring the use
of lead-safe practices and other actions aimed at preventing
lead poisoning. Under the RRP, beginning in April 2010,
contractors performing renovation, repair and painting
projects that disturb lead-based paint in homes, child care
facilities, and schools built before 1978 must be certified
and must follow specific work practices to prevent lead
contamination. This includes in-house maintenance staff and
many types of outside contractors. The RRP does not apply to
minor maintenance or repair activities where less than six
square feet of lead-based paint is disturbed in a room or
where less than 20 square feet of lead-based paint is
disturbed on the exterior. Window replacement is not minor
maintenance or repair.
The challenge with the RRP is that many of the specific
training requirements either undermine California's
requirements, or create confusion with California's
requirements.
This bill creates a California-specific program that ensures
compliance with the US EPA and eliminates any confusion over
the requirements needed for certification in California by
building off the existing SB 460 program - ensuring all
persons doing renovation, repair, or painting with lead-based
paint are appropriately certified or accredited.
2)Lead. Lead has been listed under California's Proposition 65
since 1987 as a substance that can cause reproductive damage
and birth defects and has been listed as a chemical known to
cause cancer since 1992. According to the Office of
Environmental Health Hazard Assessment (OEHHA), lead has
multiple toxic effects on the human body. In particular,
decreased intelligence in children and increased blood
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pressure in adults are among the more serious non-carcinogenic
effects. There is no level that has been proven safe, either
for children or for adults. Although the federal government
banned the use of lead paint in 1978, buildings built prior to
the ban are likely to contain lead paint, and the
lead-contaminated dust associated with exposure in children.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081