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AB-2934 Residential lead-based paint hazard reduction program: county health departments: certification.(2017-2018)

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Date Published: 04/26/2018 09:00 PM
AB2934:v97#DOCUMENT

Amended  IN  Assembly  April 26, 2018
Amended  IN  Assembly  March 08, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2934


Introduced by Assembly Member Mark Stone
(Coauthors: Assembly Members Bloom, Bonta, Carrillo, Chiu, Jones-Sawyer, Limón, McCarty, Mullin, Quirk, and Ting)
(Coauthor: Senator Wiener)

February 16, 2018


An act to amend Sections 105250 and 105254 of of, and to add Section 105258 to, the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2934, as amended, Mark Stone. Residential lead-based paint hazard reduction program: local county health departments: certification.

Existing

(1) Existing law requires the State Department of Public Health 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. Existing law requires specified persons engaged in lead construction work to have a certificate issued by the department.
This bill would authorize require the department department, by February 1, 2019, to request permission from the federal Environmental Protection Agency to modify its Lead Related Construction Program agreement to expand its authority and authorize a county to implement and administer the certification program for persons engaged in lead construction work described above. The bill would authorize the department, if it receives this permission from the federal Environmental Protection Agency, to authorize a local county health department to implement and administer the certification program for persons engaged in lead construction work described above. program. The bill would require specified persons engaged in lead construction work to have a certificate issued either by the department or by a local county health department, if applicable.
(2) Existing regulations promulgated by the Division of Occupational Safety and Health require an employer to ensure that an employee is not exposed to lead at concentrations greater than 50 micrograms per cubic meter of air averaged over an 8-hour period.
This bill would require the division to complete rulemaking to establish a revised permissible exposure limit for lead in the regulations described above by July 1, 2019.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 105250 of the Health and Safety Code is amended to read:

105250.
 (a) A program is hereby established within the department to meet the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X of the Housing and Community Development Act of 1992 (P.L. (Public Law 102-550).
(b) (1) The department shall implement and administer the program. The department shall have powers and authority consistent with the intent of, and shall adopt regulations to establish the program as an authorized state program pursuant to, Title IV, Sections 402 to 404, inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec. 2601 and following).
(2) (A) Notwithstanding paragraph (1), the department may authorize a local health department to implement and administer the certification program described in this chapter. shall, by February 1, 2019, request permission from the federal Environmental Protection Agency to modify its Lead Related Construction Program agreement with the federal Environmental Protection Agency to expand its authority and authorize a county to implement and administer the certification program described in this chapter.
(B) If the department receives permission from the federal Environmental Protection Agency pursuant to subparagraph (A), it may authorize a county health department to implement and administer the certification program described in this chapter.
(c) Regulations regarding accreditation of training providers that are adopted pursuant to subdivision (b) shall include, but not be limited to, provisions governing accreditation of providers of health and safety training to employees who engage in or supervise lead-related construction work as defined in Section 6716 of the Labor Code, and certification of employees who have successfully completed that training. Regulations regarding accreditation of training providers shall, as a condition of accreditation, require providers to offer training that meets the requirements of Section 6717 of the Labor Code. The department shall, not later than August 1, 1994, adopt regulations establishing fees for the accreditation of training providers, the certification of individuals, and the licensing of entities engaged in lead-related occupations. The fees imposed under this subdivision shall be established at levels not exceeding an amount sufficient to cover the costs of administering and enforcing the standards and regulations adopted under this section. The fees established pursuant to this subdivision shall not be imposed on any state or local government or nonprofit training program.
(d) All regulations affecting the training of employees shall be adopted in consultation with the Division of Occupational Safety and Health. The regulations shall include provisions for allocating to the division an appropriate portion of funds to be expended for the program for the division’s cost of enforcing compliance with training and certification requirements. The department shall adopt regulations to establish the program on or before August 1, 1994.
(e) The department shall review and amend its training, certification, and accreditation regulations adopted under this section as is necessary to ensure continued eligibility for federal and state funding of lead-hazard reduction activities in the state.
(f) All fees collected pursuant to subdivision (c) shall be deposited in the Lead-Related Construction Fund, which is hereby created in the State Treasury. Moneys in the fund shall be expended by the department upon appropriation by the Legislature for the purposes of this chapter. Moneys in the fund are available for cashflow borrowing pursuant to Sections 16310 and 16381 of the Government Code.
(g) Of the amount appropriated in Item 4265-001-0070 of Section 2.00 of the Budget Act of 2009, five hundred thousand dollars ($500,000) from the Occupational Lead Poisoning Prevention Account shall be used to administer the program in the 2009–10 fiscal year. These funds shall be repaid to the Occupational Lead Poisoning Prevention Account upon a determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund. No interest shall be paid by the Lead-Related Construction Fund at the time of repayment.

SEC. 2.

 Section 105254 of the Health and Safety Code is amended to read:

105254.
 (a) The following persons engaged in the following types of lead construction work shall have a certificate issued by the department or issued by a local county health department pursuant to paragraph (2) of subdivision (b) of Section 105250:
(1) Persons who receive pay for doing lead hazard evaluations, including, but not limited to, lead inspections, lead risk assessments, or lead clearance inspections, in residential or public buildings.
(2) Persons preparing or designing plans for the abatement of lead-based paint or lead hazards from residential or public buildings.
(3) Persons doing any work designed to reduce or eliminate lead hazards on a permanent basis (to last 20 years or more) from residential or public buildings.
(4) Persons inspecting for lead or doing lead abatement activities in a public elementary school, preschool, or day care center.
(5) Persons doing lead-related construction work in a residential or public building that will expose a person to airborne lead at or above the eight-hour permissible exposure limit of 50 micrograms per cubic meter.
(b) Persons performing routine maintenance and repairs in housing are not required to have a certificate if they are not performing any of the activities listed under subdivision (a).
(c) The department may adopt regulations to modify certification requirements for persons engaged in lead construction work based on changes to state or federal law, or programmatic need.
(d) The department or any local enforcement agency may, consistent with Section 17972, enter, inspect, and photograph any premises where abatement or a lead hazard evaluation is being conducted or has been ordered, enter the place of business of any person who conducts abatement or lead hazard evaluations, and inspect and copy any business record of any person who conducts abatement or lead hazard evaluations to determine whether the person is complying with this section.
(e) A violation of this section shall be punishable by imprisonment for not more than six months in a county jail, a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine.

SEC. 3.

 Section 105258 is added to the Health and Safety Code, to read:

105258.
 The Division of Occupational Safety and Health shall complete rulemaking to establish a revised permissible exposure limit for lead in the lead standards of the general industry safety orders (Section 5198 of Title 8 of the California Code of Regulations) and the construction safety orders (Section 1532.1 of Title 8 of the California Code of Regulations) by July 1, 2019.