BILL ANALYSIS Ó
SB 1073
Page 1
SENATE THIRD READING
SB
1073 (Monning)
As Amended August 15, 2016
2/3 vote
SENATE VOTE: 33-2
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Environmental |7-0 |Alejo, Dahle, | |
|Safety | |Arambula, | |
| | | | |
| | | | |
| | |Beth Gaines, Gray, | |
| | |Lopez, McCarty | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |11-0 |Gonzalez, Bloom, | |
| | |Bonilla, Bonta, | |
| | |Eggman, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood, McCarty | |
| | | | |
SB 1073
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| | | | |
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SUMMARY: Requires the Department of Public Health (CDPH) to
update regulations governing lead-related construction work to
conform to the United States Environmental Protection Agency's
(U.S. EPA) Lead Renovation, Repair, and Painting Rule (RRP).
Specifically, this bill:
1)Requires, by July 1, 2018, CDPH to review and amend its
regulations governing lead-related construction work,
including training and certification for workers and
accreditation for trainers in lead-safe work practices, to
comply with the state's regulations on Accreditation,
Certification and Work Practices for Lead-Based Paint and Lead
Hazards and the U.S. EPA Lead Renovation, Repair, and Painting
Rule (40 Code of Federal Regulations (C.F.R.) 745).
2)Requires the amended regulations to include, but not be
limited to, a copy of the worker and firm certification to be
provided before the start of the job to the prime contractor
or other employers on the site and to be posted on the jobsite
beside the Division of Occupational Safety and Health
Lead-Work Pre-Job Notification required by the California Code
of Regulations.
3)Requires CDPH to adopt regulations establishing fees for the
certifications or accreditations. Requires the fees imposed to
be established at levels not exceeding an amount sufficient to
cover the costs of administering and enforcing the standards
and regulations adopted under the provisions of this bill.
Requires the fees to be deposited into the Lead-Related
Construction Fund.
4)Appropriates $500,000 from the General Fund to CDPH to
develop, initiate, and administer the provisions of this bill
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until adequate fees can be collected for the ongoing
administration of the provisions of this bill. Requires the
appropriation to be repaid to the General Fund upon
determination by the Department of Finance that sufficient
moneys are available in the Lead-Related Construction Fund to
repay that amount. Prohibits any interest from being paid by
the Lead-Related Construction Fund at the time of repayment.
5)Authorizes CDPH to implement and administer the provisions of
this bill through all-county letters or similar instructions
from CDPH until regulations are adopted.
6)Requires CDPH to adopt emergency regulations to implement the
provisions of this bill by July 1, 2017. Authorizes CDPH to
readopt any emergency regulation that is the same as or
substantially equivalent to an emergency regulation previously
adopted.
7)Requires the initial adoption of emergency regulations and one
re-adoption of emergency regulations to be deemed an emergency
and necessary for the immediate preservation of the public
peace, health, safety, or general welfare and exempts those
regulations from the purview of the Office of Administrative
Law, but requires those regulations to be submitted to the
Office of Administrative Law for filing with the Secretary of
State, and requires that each shall remain in effect for no
more than 180 days, by which time final regulations may be
adopted.
8)Requires firms and at least one person onsite and employed by
a firm, doing renovation, repair, or painting work in a
residential or public building that will disturb lead-based
paint, or presumed lead-based paint, to have a CDPH-issued
certificate to conduct lead-related construction work,
abatement, or lead hazard evaluation.
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9)Establishes a violation for these requirements to be
punishable by imprisonment for not more than six months in
county jail or a fine of not more than $37,500, or both.
FISCAL EFFECT: According to the Assembly Appropriations
Committee: 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
COMMENTS:
Need for the bill: According to the author, "SB 1073 follows
the lead of fourteen other states that have aligned their
state's lead laws and the federal Lead-Based Paint Renovation,
Repair and Painting Rule (RRP) regulations. The bill would
require the California Department of Public Health to develop
training and certification for lead safe work practices that
[are] specific to California. This California RRP certification
would take the place of the U.S. EPA's RRP certification for
work done in California. This bill would also improve
enforcement by giving state and local enforcement agencies the
ability to ensure those doing renovation and repair work on
pre-1978 homes are certified on lead safe work practices ?
The California Department of Public Health already administers
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other lead certifications (abatement workers and inspectors, for
example). Adding certification for lead safe work practices
will fit well into this existing structure."
The problem with 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. There is no level of
lead that has been proven safe, either for children or for
adults. The U.S. Centers for Disease Control and Prevention
(CDC) considers any blood lead level more than 5 g/dl
(micrograms of lead per deciliter of blood) to be unsafe for
children and for pregnant or nursing women. The CDC found that
approximately 900,000 U.S. children between one and five years
old have abnormally high levels of lead in their blood.
State action on lead paint: In 1991, the California Legislature
enacted AB 2038 (Connelly), Chapter 799, Statues of 1991, the
Childhood Lead Poisoning Prevention Act of 1991, which
established a program within the State Department of Health
Services (DHS, which is now CDPH) to meet the requirements of
the federal Residential Lead-Based Paint Hazard Reduction Act of
1992 and Title X of the Housing and Community Development Act of
1992. It required DHS to adopt regulations regarding the
accreditation of training providers that engage in or supervise
lead-related construction work, and required the establishment
of fees for the accreditation of training providers, the
certification of individuals, and the licensing of entities
engaged in lead-related occupations.
In 2002, the Legislature enacted SB 460 (Ortiz), Chapter 931,
Statutes of 2002 to establish the requirement that lead safe
work practices be used in pre-1978 buildings. SB 460 added lead
hazards to the conditions that make premises uninhabitable and
substandard. SB 460 also required any person being paid for
lead construction including inspection, risk assessment or
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designing plans for the abatement of lead hazards and any person
performing lead inspections or abatement in a public elementary,
preschool or day care center to have a certificate from DHS.
Lead-Based Paint Renovation, Repair and Painting (RRP) Rule:
Common renovation activities like sanding, cutting, and
demolition can create hazardous lead dust and chips by
disturbing lead-based paint, which can be harmful to adults and
children.
On April 22, 2008, the U.S. 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.
Under the RRP, child-occupied facilities are defined as
residential, public or commercial buildings where children under
age six are present on a regular basis. The requirements apply
to renovation, repair or painting activities. 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
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create confusion with California's requirements.
The intent of this bill is to create a California-specific
program that ensures compliance with the U.S. EPA and eliminates
any confusion over the requirements needed for certification in
California. This bill does that by building off the existing
program established under SB 460 and by ensuring that all
persons doing renovation, repair, or painting work in a
residential or public building are appropriately certified or
accredited to perform work on lead-based paint.
Analysis Prepared by:
Paige Brokaw / E.S. & T.M. / (916) 319-3965 FN:
0004100