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SB-377 Lead-based paint.(2017-2018)

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Date Published: 08/21/2017 04:00 AM
SB377:v96#DOCUMENT

Amended  IN  Assembly  August 21, 2017
Amended  IN  Assembly  June 26, 2017
Amended  IN  Senate  May 26, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 377


Introduced by Senator Monning

February 14, 2017


An act to amend Section 105254 of, and to add Section 105250.5 to to, the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


SB 377, as amended, Monning. Lead-based paint.
Existing law requires certain persons engaged in lead construction work to have a certificate. 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 the department to adopt regulations to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified. Existing law requires those fees to be deposited into the Lead-Related Construction Fund, as specified, and to be available upon appropriation by the Legislature.

This bill would require a firm, as defined, that performs remediation, repair, or painting services for compensation in a residential or public building, and at least one person employed by the firm, to have a certificate issued by the department when lead-based paint will be disturbed. The bill would require the department to charge a fee for the issuance of the certificates, to be deposited into the Lead-Related Construction Fund. The bill would make these provisions effective upon the Legislature appropriating moneys for the implementation of the program and would require the department, within one year of that appropriation, to promulgate regulations to implement these provisions, as specified.

This bill would require the department, within one year of the Legislature providing sufficient funding, 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 existing state regulations and the United States Environmental Protection Agency’s Lead Renovation, Repair, and Painting Rule, as specified. The bill would require the adoption of those regulations to establish fee provisions for those certifications and accreditations. The bill would require the fees to be deposited into the Lead-Related Construction Fund. The bill also would make these provisions effective one year after the Legislature appropriates sufficient moneys for the implementation of the program, as provided, and would require the department to adopt emergency regulations to implement these provisions, as specified.
Existing law requires certain persons engaged in lead construction work to have a certificate. A violation of that provision is a crime.
This bill would further require a firm, as defined, and at least one person onsite and employed by a firm, doing renovation, repair, or painting work that will disturb lead-based paint or presumed lead-based paint, as defined, to have a certificate under these provisions. The bill would also make a violation of these provisions punishable by imprisonment in the county jail, by a fine of not more than $37,500, or by both that imprisonment and fine. By creating a new crime, the 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: NOYES  

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


SECTION 1.

 Section 105250.5 is added to the Health and Safety Code, to read:
105250.5.

(a)A firm that performs renovation, repair, or painting services for compensation in a residential or public building, and at least one person employed by the firm, shall have a certificate issued by the department pursuant to this section when lead-based paint will be disturbed.

(b)(1)

105250.5.
 (a) Within one year of the Legislature providing sufficient funding for the implementation of this section, the department shall promulgate regulations implementing this section to correspond and comply 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 regulations adopted pursuant to Sections 105250 and 124160 and the United States Environmental Protection Agency’s Lead Renovation, Repair and Painting Rule (40 C.F.R. 745). The
(b) The amended regulations adopted pursuant to subdivision (a) shall include, but not be limited to, requiring 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 job site beside the Cal-OSHA Division of Occupational Safety and Health Lead-Work Pre-Job Notification. Notification required by subdivision (p) of Section 1532.1 of Title 8 of the California Code of Regulations.
(c) Consistent with Section 105250, the department shall also adopt regulations establishing fees for the certifications or accreditations established pursuant to this section. The fees imposed under this section shall be established at levels not exceeding an amount sufficient to cover the costs of developing, administering, and enforcing the standards and regulations adopted under this section. The fees established pursuant to this section shall be deposited into the Lead-Related Construction Fund pursuant to Section 105250.

(2)(A)

(d) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations implementing these provisions within six months one year of the Legislature providing funding for this purpose. purpose, with a one-year extension for the adoption of emergency regulations, if necessary. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.

(B)

(2) The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.

(c)The department shall charge a fee for the issuance of a certificate pursuant to this section. The fee shall be set by the department at an amount no greater than the amount required to cover the reasonable and necessary costs of administering this section. The fees shall be deposited into the Lead-Related Construction Fund established pursuant to Section 105250.

(d)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).

(e)For purposes of this section, the following definitions shall apply:

(1)“Firm” has the same meaning as in Section 745.83 of Title 40 of the Code of Federal Regulations.

(2)“Lead-based paint” has the same meaning as in Section 35033 of Title 17 of the California Code of Regulations.

(f)The department shall assess a civil penalty, not to exceed one thousand dollars ($1,000), on a person or firm that does any of the following:

(1)Performs services for which a certificate is required pursuant to subdivision (a) without a valid certificate.

(2)Falsely represents that the firm or person has a certificate issued pursuant to this section.

(3)Submits false information or documentation to the department in order to obtain or renew a certificate issued pursuant to this section.

(g)This section shall become effective upon the Legislature appropriating money for the implementation of this section.

(e) The section shall not take effect until one year after the Legislature appropriates sufficient money to implement the program, including funding for development of regulations, hiring staff to administer and perform other duties related to the program, and creating information technology systems to manage applications for the program.

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:
(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) The following shall also have a certificate: a firm, as defined by Section 745.83 of Title 40 of the Code of Federal Regulations, and at least one person onsite and employed by a firm, doing renovation, repair, or painting work for compensation in a residential or public building that will disturb lead-based paint, as defined in Section 35033 of Title 17 of the California Code of Regulations, or presumed lead-based paint, as defined in Section 35043 of Title 17 of the California Code of Regulations, which regulations were adopted by the State Department of Public Health pursuant to Sections 105250 and 124160.

(b)

(c) 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). subdivisions (a) and (b).

(c)

(d) 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)

(e) 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 abatement, a lead hazard evaluation, or renovation, repair, or painting is being conducted or has been ordered, enter the place of business of any person who conducts abatement or lead hazard evaluations, abatement, lead hazard evaluations, or renovation, repair, or painting, and inspect and copy any business record of any person who conducts abatement or lead hazard evaluations abatement, lead hazard evaluations, or renovations, repair, or painting to determine whether the person is complying with this section.

(e)

(f) (1) A violation of this section subdivision (a) 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.
(2) A violation of subdivision (b) shall be punishable by imprisonment for not more than six months in the county jail, by a fine of not more than thirty-seven thousand five hundred dollars ($37,500), or by both that imprisonment and fine.

SEC. 3.

 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.