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AB-358 Lead hazard evaluation.(2013-2014)

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AB358:v95#DOCUMENT

Amended  IN  Senate  August 12, 2013
Amended  IN  Senate  July 10, 2013
Amended  IN  Assembly  May 07, 2013
Amended  IN  Assembly  March 19, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 358


Introduced by Assembly Member Holden

February 14, 2013


An act to amend Section 105253 of the Health and Safety Code, relating to lead-based paint hazards.


LEGISLATIVE COUNSEL'S DIGEST


AB 358, as amended, Holden. Lead hazard evaluation.
Existing law requires the State Department of Public Health to implement and administer a program to meet the requirements of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992. Under existing law, a person who engages in lead hazard evaluations is required to obtain certification from the department and to comply with specified regulations. Violation of those provisions is a misdemeanor.
This bill would authorize the department to update the regulations on lead hazard evaluation methods in order to incorporate the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, as published in 2012 by the federal Department of Housing and Urban Development, and the recommendations of the United States Environmental Protection Agency for lead hazard evaluation methodologies paint test kits for renovation projects, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 105253 of the Health and Safety Code is amended to read:

105253.
 (a) (1)  A person issued a certificate by the department to conduct lead-related construction work, abatement, or lead hazard evaluation, shall comply with regulations as specified in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations, as adopted pursuant to Sections 105250 and 124160.
(2) The department may update the regulations, as specified in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations, on lead hazard evaluation methods in order to incorporate both of the following:
(A) The Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, as published in 2012 by the federal Department of Housing and Urban Development.
(B) The As appropriate, the recommendations of the United States Environmental Protection Agency for lead hazard evaluation methodologies, as appropriate for paint test kits for renovation projects conducted by certified lead-safe renovators in accordance with the Lead Renovation, Repair and Painting Rule (RRP Rule) rules.
(b) It is unlawful for any person to do either of the following:
(1) Falsely represent himself or herself as possessing a certificate issued by the department to conduct lead-related construction work, abatement, or lead hazard evaluation.
(2) Submit false information or documentation to the department in order to obtain or renew a certificate to conduct lead-related construction work, abatement, or lead hazard evaluation.
(c) The department or any local enforcement agency may, consistent with Section 17972, enter, inspect, and photograph any premises or facilities, and inspect and copy any business record, where any person issued a certificate by the department to perform lead-related construction work conducts business to determine whether the person is complying with this section.
(d) A violation of this section shall be punishable by imprisonment for not more than six months in the county jail, a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.