SB 1073: Personal income taxes: earned income credit: credit percentage: phaseout percentage.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-27
The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income from specified sources and who meet certain other requirements.
The Personal Income Tax Law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual in an amount determined in accordance with federal law as applicable for federal income tax purposes for the taxable year, multiplied by the earned income tax credit adjustment factor, as specified. Existing law creates the Tax Relief and Refund Account, which is continuously appropriated, and provides that required payments to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including amounts allowable as an earned income credit in excess of any tax liability. The Personal Income Tax Law provides that the amount of the credit is calculated as a percentage of the eligible individuals earned income and is phased out above a specified amount as income increases. Under existing law, the credit percentage and the phaseout percentage is based on the number of qualifying children of the eligible individual. Existing law provides, in modified conformity with federal income tax law, in the case of an eligible individual with 3 or more qualifying children, for taxable years beginning before January 1, 2016, the credit percentage and phaseout percentage is 45%, and for taxable years beginning on or after January 1, 2016, the credit percentage and phaseout percentage is the same as for an eligible individual with 2 or more children, which is 40%.
This bill, for taxable years beginning on and after January 1, 2016, would instead provide that, in the case of an eligible individual with 3 or more qualifying children, the credit percentage and phaseout percentage is 45%, thereby increasing the credit percentage and the phaseout percentage for those eligible individuals for taxable years beginning on and after January 1, 2016.
By increasing the allowable credit amount, this bill would authorize new payments from the Tax Relief and Refund Account for additional amounts in excess of personal income tax liabilities, thereby making an appropriation.
The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income from specified sources and who meet certain other requirements.
The Personal Income Tax Law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual in an amount determined in accordance with federal law as applicable for federal income tax purposes for the taxable year, multiplied by the earned income tax credit adjustment factor, as specified. Existing law creates the Tax Relief and Refund Account, which is continuously appropriated, and provides that required payments to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including amounts allowable as an earned income credit in excess of any tax liability. The Personal Income Tax Law provides that the amount of the credit is calculated as a percentage of the eligible individuals earned income and is phased out above a specified amount as income increases. Under existing law, the credit percentage and the phaseout percentage is based on the number of qualifying children of the eligible individual. Existing law provides, in modified conformity with federal income tax law, in the case of an eligible individual with 3 or more qualifying children, for taxable years beginning before January 1, 2016, the credit percentage and phaseout percentage is 45%, and for taxable years beginning on or after January 1, 2016, the credit percentage and phaseout percentage is the same as for an eligible individual with 2 or more children, which is 40%.
This bill, for taxable years beginning on and after January 1, 2016, would instead provide that, in the case of an eligible individual with 3 or more qualifying children, the credit percentage and phaseout percentage is 45%, thereby increasing the credit percentage and the phaseout percentage for those eligible individuals for taxable years beginning on and after January 1, 2016.
By increasing the allowable credit amount, this bill would authorize new payments from the Tax Relief and Refund Account for additional amounts in excess of personal income tax liabilities, thereby making an appropriation.
The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income from specified sources and who meet certain other requirements.
The Personal Income Tax Law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual in an amount determined in accordance with federal law as applicable for federal income tax purposes for the taxable year, multiplied by the earned income tax credit adjustment factor, as specified. Existing law creates the Tax Relief and Refund Account, which is continuously appropriated, and provides that required payments to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including amounts allowable as an earned income credit in excess of any tax liability. The Personal Income Tax Law provides that the amount of the credit is calculated as a percentage of the eligible individuals earned income and is phased out above a specified amount as income increases. Under existing law, the credit percentage and the phase out percentage is based on the number of qualifying children of the eligible individual. Existing law provides, in modified conformity with federal income tax law, in the case of an eligible individual with 3 or more qualifying children, for taxable years beginning before January 1, 2016, the credit percentage and phaseout percentage is 45%, and for taxable years beginning after January 1, 2016, the credit percentage and phaseout percentage is the same as for an eligible individual with 2 or more children, which is 40%.
This bill, for taxable years beginning on and after January 1, 2016, would instead provide that, in the case of an eligible individual with 3 or more qualifying children, the credit percentage and phaseout percentage is 45%, thereby increasing the credit percentage and the phaseout percentage for those eligible individuals for taxable years beginning on and after January 1, 2016.
By increasing the allowable credit amount, this bill would authorize new payments from the Tax Relief and Refund Account for additional amounts in excess of personal income tax liabilities, thereby making an appropriation.
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.
This bill would require the department to update 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 Agencys Lead Renovation, Repair, and Painting Rule, as specified. The bill would require the adoption of those regulations to include fee provisions for those certifications and accreditations. The bill would appropriate $500,000 from the General Fund to the department for the purposes of implementation until fees can be collected under these provisions, to be repaid upon determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund to repay that amount. The bill would require the regulations adopted pursuant to these provisions to be adopted as emergency regulations, as specified.
Existing law requires certain persons engaged in lead construction work to have a certificate under these provisions. A violation of that provision is a crime.
This bill would further require firms, 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. By expanding the scope of an existing 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.
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. Existing law creates in the State Treasury the Childhood Lead Poisoning Prevention Fund and makes the revenue in the fund available for expenditure, upon appropriation, for particular purposes relating to childhood lead poisoning prevention.
This bill would require the department to update 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 Agencys Lead Renovation, Repair, and Painting Rule, as specified. The bill would require the adoption of those regulations to include fee provisions for those certifications and accreditations. The bill would appropriate $500,000 from the Childhood Lead Poisoning Prevention Fund General Fund to the department for the purposes of implementation until fees can be collected under these provisions, to be repaid upon determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund to repay that amount. The bill would require the regulations adopted pursuant to these provisions to be adopted as emergency regulations, as specified.
Existing law requires certain persons engaged in lead construction work to have a certificate under these provisions. A violation of that provision is a crime.
This bill would further require persons who receive compensation for firms, 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. By expanding the scope of an existing 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.
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. Existing law creates in the State Treasury the Childhood Lead Poisoning Prevention Fund and makes the revenue in the fund available for expenditure, upon appropriation, for particular purposes relating to childhood lead poisoning prevention.
This bill would require the department to update 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 Agencys Lead Renovation, Repair, and Painting Rule, as specified. The bill would require the adoption of those regulations to include fee provisions for those certifications and accreditations. The bill would appropriate $500,000 from the Childhood Lead Poisoning Prevention Fund to the department for the purposes of implementation until fees can be collected under these provisions, to be repaid upon determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund to repay that amount. The bill would require the regulations adopted pursuant to these provisions to be adopted as emergency regulations, as specified.
Existing law requires certain persons engaged in lead construction work to have a certificate under these provisions. A violation of that provision is a crime.
This bill would further require a person engaged in persons who receive compensation for doing renovation, repair, or painting work that will disturb lead-based paint to have a certificate. certificate under these provisions. By expanding the scope of an existing 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.
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 and to 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. Existing law creates in the State Treasury the Childhood Lead Poisoning Prevention Fund and makes the revenue in the fund available for expenditure, upon appropriation, for particular purposes relating to childhood lead poisoning prevention.
This bill would require the department to, in consultation with the Contractors State License Board, update those regulations and other regulations governing lead-related construction work to, where appropriate, conform to the federal Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule or to be more stringent. The bill would also require the department to, in coordination with the Contractors State License Board, develop and implement an education and outreach effort to provide the regulated community clear information on the regulations. The bill would require the department to request authorization from the agency to enforce provisions of that rule and, upon receiving that authorization, to adopt regulations establishing procedures pursuant to which a local law enforcement agency, as defined, may elect to assume and carry out responsibility for those enforcement activities in its jurisdiction. The bill would require a local enforcement agency that elects to carry out those enforcement activities to submit an annual report to the department regarding those activities, as specified.
This bill would require the department to review and revise its fee schedule a minimum of once in any 8-year period and, if necessary, adopt regulations establishing new fee amounts that account for changes in the cost of living, not to exceed the departments reasonable costs to administer those provisions. The bill would also require the department to submit a report, on or before February 28 of each year, to the federal Environmental Protection Agency that contains a registry of programs, individuals, and entities certified by the department as of December 31 of the preceding calendar year and information, if any, received by the department from local law enforcement agencies regarding their enforcement activities. The bill would prohibit a certified lead inspector or assessor, certified lead project monitor, or certified lead sampling technician from performing lead-related construction on a structure on which that person conducted lead hazard evaluation and would require the department to revoke the certification of a person who violates that prohibition. The bill would also make related findings and declarations and a conforming change.
This bill would require the department to update 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 Agencys Lead Renovation, Repair, and Painting Rule, as specified. The bill would require the adoption of those regulations to include fee provisions for those certifications and accreditations. The bill would appropriate $500,000 from the Childhood Lead Poisoning Prevention Fund to the department for the purposes of implementation until fees can be collected under these provisions, to be repaid upon determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund to repay that amount. The bill would require the regulations adopted pursuant to these provisions to be adopted as emergency regulations, as specified.
Existing law requires certain persons engaged in lead construction work to have a certificate under these provisions. A violation of that provision is a crime.
This bill would further require a person engaged in renovation, repair, or painting work that will disturb lead-based paint to have a certificate. By expanding the scope of an existing 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.
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 competed completed that training and to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified.
This bill would require the department to to, in consultation with the Contractors State License Board, update those regulations and other regulations governing lead-related construction work to to, where appropriate, conform to the federal Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule or to be more stringent. The bill would also require the department to, in coordination with the Contractors State License Board, develop and implement an education and outreach effort to provide the regulated community clear information on the regulations. The bill would require the department to request authorization from the agency to enforce provisions of that rule and, upon receiving that authorization, to adopt regulations establishing procedures pursuant to which a local law enforcement agency, as defined, may elect to assume and carry out responsibility for those enforcement activities in its jurisdiction. The bill would require a local enforcement agency that elects to carry out those enforcement activities to submit an annual report to the department regarding those activities, as specified.
This bill would require the department to review and revise its fee schedule a minimum of once in any 8-year period and, if necessary, adopt regulations establishing new fee amounts that account for changes in the cost of living, not to exceed the departments reasonable costs to administer those provisions. The bill would also require the department to submit a report, on or before February 28 of each year, to the federal Environmental Protection Agency that contains a registry of programs, individuals, and entities certified by the department as of December 31 of the preceding calendar year and information, if any, received by the department from local law enforcement agencies regarding their enforcement activities. The bill would prohibit a certified lead inspector or assessor, certified lead project monitor, or certified lead sampling technician from performing lead-related construction on a structure on which that person conducted lead hazard evaluation and would require the department to revoke the certification of a person who violates that prohibition. The bill would also make related findings and declarations and a conforming change.
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 competed that training and to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified.
This bill would require the department to update those regulations and other regulations governing lead-related construction work to conform to the federal Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule or to be more stringent. The bill would require the department to request authorization from the agency to enforce provisions of that rule and, upon receiving that authorization, to adopt regulations establishing procedures pursuant to which a local law enforcement agency, as defined, may elect to assume and carry out responsibility for those enforcement activities in its jurisdiction. The bill would require a local enforcement agency that elects to carry out those enforcement activities to submit an annual report to the department regarding those activities, as specified.
This bill would require the department to review and revise its fee schedule a minimum of once in any 8-year period and, if necessary, adopt regulations establishing new fee amounts that account for changes in the cost of living, not to exceed the departments reasonable costs to administer those provisions. The bill would also require the department to submit a report, on or before February 28 of each year, to the federal Environmental Protection Agency that contains a registry of programs, individuals, and entities certified by the department as of December 31 of the preceding calendar year and information, if any, received by the department from local law enforcement agencies regarding their enforcement activities. The bill would prohibit a certified lead inspector or assessor, certified lead project monitor, or certified lead sampling technician from performing lead-related construction on a structure on which that person conducted lead hazard evaluation and would require the department to revoke the certification of a person who violates that prohibition. The bill would also make related findings and declarations and a conforming change.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption.
This bill would state the intent of the Legislature to enact legislation that would align state and federal regulations related to lead in homes and buildings.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption.
This bill would state the intent of the Legislature to enact legislation that would align state and federal regulations related to lead in homes and buildings.
(a)(1)For each taxable year beginning on or after January 1, 2015, there shall be allowed against the net tax, as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section.
(2)(A)The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year.
(B)Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent.
(C)The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit.
(b)(1)In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows:
In the case of an eligible individual with: | The credit percentage is: | The phaseout percentage is: |
No qualifying children | 7.65% | 7.65% |
1 qualifying child | 34% | 34% |
2 qualifying children | 40% | 40% |
| 3 or more qualifying children | 45% | 45% |
(2)(A)In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows:
In the case of an eligible individual with: | The earned income amount is: | The phaseout amount is: |
No qualifying children | $3,290 | $3,290 |
1 qualifying child | $4,940 | $4,940 |
2 or more qualifying children | $6,935 | $6,935 |
(B)Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply.
(c)(1)Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting this state for the United States.
(2)Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows:
(A)Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting plus and inserting in lieu thereof the following: and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.
(B)Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply.
(3)Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting this state for the United States.
(d)Section 32(i)(1) of the Internal Revenue Code is modified by substituting $3,400 for $2,200.
(e)In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041.
(f)If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer.
(g)The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.
(h)Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits.
(i)(1)For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following:
(A)Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2.
(B)Special Project Report requirements under Statewide Information Management Manual Section 30.
(C)Section 11.00 of the 2015 Budget Act.
(D)Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code.
(2)The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project.
(j)(1)In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among Californias poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following:
(A)The number of tax returns claiming the credit.
(B)The number of individuals represented on tax returns claiming the credit.
(C)The average credit amount on tax returns claiming the credit.
(D)The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit.
(E)Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in deep poverty if the income of the family is less than 50 percent of the federal poverty threshold.
(2)The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services.
(k)The tax credit allowed by this section shall be known as the California Earned Income Tax Credit.
(l)The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.
(a)(1)For each taxable year beginning on or after January 1, 2015, there shall be allowed against the net tax, as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section.
(2)(A)The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year.
(B)Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent.
(C)The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit.
(b)(1)In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows:
In the case of an eligible individual with: | The credit percentage is: | The phaseout percentage is: |
No qualifying children | 7.65% | 7.65% |
1 qualifying child | 34% | 34% |
2 qualifying children | 40% | 40% |
| 3 or more qualifying children | 45% | 45% |
(2)(A)In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows:
In the case of an eligible individual with: | The earned income amount is: | The phaseout amount is: |
No qualifying children | $3,290 | $3,290 |
1 qualifying child | $4,940 | $4,940 |
2 or more qualifying children | $6,935 | $6,935 |
(B)Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply.
(c)(1)Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting this state for the United States.
(2)Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows:
(A)Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting plus and inserting in lieu thereof the following: and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.
(B)Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply.
(3)Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting this state for the United States.
(d)Section 32(i)(1) of the Internal Revenue Code is modified by substituting $3,400 for $2,200.
(e)In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041.
(f)If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer.
(g)The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.
(h)Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits.
(i)(1)For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following:
(A)Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2.
(B)Special Project Report requirements under Statewide Information Management Manual Section 30.
(C)Section 11.00 of the 2015 Budget Act.
(D)Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code.
(2)The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project.
(j)(1)In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among Californias poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following:
(A)The number of tax returns claiming the credit.
(B)The number of individuals represented on tax returns claiming the credit.
(C)The average credit amount on tax returns claiming the credit.
(D)The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit.
(E)Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in deep poverty if the income of the family is less than 50 percent of the federal poverty threshold.
(2)The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services.
(k)The tax credit allowed by this section shall be known as the California Earned Income Tax Credit.
(l)The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.
(a)(1)For each taxable year beginning on or after January 1, 2015, there shall be allowed against the net tax, as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section.
(2)(A)The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year.
(B)Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent.
(C)The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit.
(b)(1)In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows:
In the case of an eligible individual with: | The credit percentage is: | The phaseout percentage is: |
No qualifying children | 7.65% | 7.65% |
1 qualifying child | 34% | 34% |
2 or more qualifying children | 40% | 40% |
| 3 or more qualifying children | 45% | 45% |
(2)(A)In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows:
In the case of an eligible individual with: | The earned income amount is: | The phaseout amount is: |
No qualifying children | $3,290 | $3,290 |
1 qualifying child | $4,940 | $4,940 |
2 or more qualifying children | $6,935 | $6,935 |
(B)Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply.
(3)Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting the credit percentage and phaseout percentage is 45 percent for the credit percentage is 45 percent.
(c)(1)Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting this state for the United States.
(2)Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows:
(A)Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting plus and inserting in lieu thereof the following: and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.
(B)Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply.
(3)Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting this state for the United States.
(d)Section 32(i)(1) of the Internal Revenue Code is modified by substituting $3,400 for $2,200.
(e)In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041.
(f)If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer.
(g)The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.
(h)Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits.
(i)(1)For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following:
(A)Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2.
(B)Special Project Report requirements under Statewide Information Management Manual Section 30.
(C)Section 11.00 of the 2015 Budget Act.
(D)Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code.
(2)The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project.
(j)(1)In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among Californias poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following:
(A)The number of tax returns claiming the credit.
(B)The number of individuals represented on tax returns claiming the credit.
(C)The average credit amount on tax returns claiming the credit.
(D)The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit.
(E)Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in deep poverty if the income of the family is less than 50 percent of the federal poverty threshold.
(2)The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committees Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services.
(k)The tax credit allowed by this section shall be known as the California Earned Income Tax Credit.
(l)The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.
SECTION 1.Section 105250.5 is added to the Health and Safety Code, to read:105250.5.(a)By July 1, 2018, the department shall 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 Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations adopted by the department pursuant to Sections 105250 and 124160 and the United States Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule (40 C.F.R. 745).
(b)The amended regulations adopted pursuant to subdivision (a) shall include, but not be limited to, a regulation 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 jobsite beside the Cal-OSHA Lead-Work Pre-Job Notification required by Section 1532.1(p) 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 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.
(d)Five hundred thousand dollars ($500,000) is hereby appropriated from the General Fund to the department, to be used to develop, initiate, and administer this section until adequate fees can be collected for the ongoing administration of this section. These funds shall 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. No interest shall be paid by the Lead-Related Construction Fund at the time of repayment.
(e)(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 no later than July 1, 2017. 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.
(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.
SEC. 2.Section 105254 of the Health and Safety Code is amended to read:105254.(a)The following persons and firms 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.
(6)Firms, 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 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)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)(1)Except as provided in paragraph (2), 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.
(2)A violation of paragraph (6) of subdivision (a) shall be punishable by imprisonment for not more than six months in the county jail or 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 XIIIB 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 XIIIB of the California Constitution.
(a)By July 1, 2018, the department shall 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 Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations adopted by the department pursuant to Sections 105250 and 124160 and the United States Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule (40 C.F.R. 745).
(b)The amended regulations adopted pursuant to subdivision (a) shall include, but not be limited to, the following:
(1)A regulation requiring employers to maintain and provide access to written files for each separate job or phase of work, where the work process used is different or the work is performed at noncontiguous locations, noting all of the following:
(A)The address of the job.
(B)The exact physical location of the job at that address.
(C)The start and projected completion date.
(D)The name of a certified supervisor with sufficient experience and authority who is responsible for the lead-related work at that job.
(E)The name of a qualified person, who is responsible for scheduling any clearance testing, evaluation of sampling results, and conducting respirator fit testing and evaluating the results of those tests.
(F)The type of work to be performed, the work practices that will be utilized, and the potential for exposure.
(G)Records of prerenovation education for occupants.
(2)A regulation 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 jobsite beside the Cal-OSHA poster.
(b)The amended regulations adopted pursuant to subdivision (a) shall include, but not be limited to, a regulation 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 jobsite beside the Cal-OSHA Lead-Work Pre-Job Notification required by Section 1532.1(p) 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 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.
(d)Five hundred thousand dollars ($500,000) is hereby appropriated from the Childhood Lead Poisoning Prevention Fund General Fund to the department, to be used to develop, initiate, and administer this section until adequate fees can be collected for the ongoing administration of this section. These funds shall be repaid to the Childhood Lead Poisoning Prevention Fund General Fund upon determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund to repay that amount. No interest shall be paid by the Lead-Related Construction Fund at the time of repayment.
(e)(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 no later than July 1, 2017. 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.
(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.
SEC. 2.Section 105254 of the Health and Safety Code is amended to read:105254.(a)The following persons and firms 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.
(6)Persons who receive compensation for doing renovation, repair, or painting work in a residential or public building that will disturb lead-based paint.
(6)Firms, 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 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)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 (1)Except as provided in paragraph (2), 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.
(2)A violation of paragraph (6) of subdivision (a) shall be punishable by imprisonment for not more than six months in the county jail or 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 XIIIB 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 XIIIB of the California Constitution.
(a)By July 1, 2018, the department shall 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 Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations adopted by the department pursuant to Sections 105250 and 124160 and the United States Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule (40 C.F.R. 745).
(b)The amended regulations adopted pursuant to subdivision (a) shall include, but not be limited to, the following:
(1)A regulation requiring employers to maintain and provide access to written files for each separate job or phase of work, where the work process used is different or the work is performed at noncontiguous locations, noting all of the following:
(A)The address of the job.
(B)The exact physical location of the job at that address.
(C)The start and projected completion date.
(D)The name of a certified supervisor with sufficient experience and authority who is responsible for the lead-related work at that job.
(E)The name of a qualified person, who is responsible for scheduling any clearance testing, evaluation of sampling results, and conducting respirator fit testing and evaluating the results of those tests.
(F)The type of work to be performed, the work practices that will be utilized, and the potential for exposure.
(G)Records of prerenovation education for occupants.
(2)A regulation 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 jobsite beside the Cal-OSHA poster.
(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 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.
(d)Five hundred thousand dollars ($500,000) is hereby appropriated from the Childhood Lead Poisoning Prevention Fund to the department, to be used to develop, initiate, and administer this section until adequate fees can be collected for the ongoing administration of this section. These funds shall be repaid to the Childhood Lead Poisoning Prevention Fund upon determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund to repay that amount. No interest shall be paid by the Lead-Related Construction Fund at the time of repayment.
(e)(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 no later than July 1, 2017. 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.
(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.
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.
(6)Persons who receive compensation for doing renovation, repair, or painting work in a residential or public building that will disturb lead-based paint.
(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 the county jail, a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)By July 1, 2018, the department shall 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 Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations adopted by the department pursuant to Sections 105250 and 124160 and the United States Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule (40 C.F.R. 745).
(b)The amended regulations adopted pursuant to subdivision (a) shall include, but not be limited to, the following:
(1)A regulation requiring employers to maintain and provide access to written files for each separate job or phase of work, where the work process used is different or the work is performed at noncontiguous locations, noting all of the following:
(A)The address of the job.
(B)The exact physical location of the job at that address.
(C)The start and projected completion date.
(D)The name of a certified supervisor with sufficient experience and authority who is responsible for the lead-related work at that job.
(E)The name of a qualified person, who is responsible for scheduling any clearance testing, evaluation of sampling results, and conducting respirator fit testing and evaluating the results of those tests.
(F)The type of work to be performed, the work practices that will be utilized, and the potential for exposure.
(G)Records of prerenovation education for occupants.
(2)A regulation 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 jobsite beside the Cal-OSHA poster.
(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 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.
(d)Five hundred thousand dollars ($500,000) is hereby appropriated from the Childhood Lead Poisoning Prevention Fund to the department, to be used to develop, initiate, and administer this section until adequate fees can be collected for the ongoing administration of this section. These funds shall be repaid to the Childhood Lead Poisoning Prevention Fund upon determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund to repay that amount. No interest shall be paid by the Lead-Related Construction Fund at the time of repayment.
(e)(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 no later than July 1, 2017. 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.
(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.
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.
(6)Persons doing renovation, repair, or painting work in a residential or public building that will disturb lead-based paint.
(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 the county jail, a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, April 26, 2016. (JR11)(a)The Legislature finds and declares all of the following:
(1)The United States Consumer Product Safety Commission banned the use of lead-based paint in homes and public buildings, effective February 27, 1978, but lead paint, often in a dangerously deteriorated condition, remains present in many California homes built prior to 1978.
(2)People are most commonly exposed to lead when home renovation, repair, and painting projects disturb lead-based painted surfaces and release lead-contaminated dust.
(3)Given the well-documented and substantial adverse effects of lead exposure on human health, persistent residential lead contamination is a serious public health and environmental justice issue throughout California.
(b)It is the intent of the Legislature to reduce the risk of lead poisoning by establishing a state program based on the federal Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule.
SEC. 2.Section 105249 is added to the Health and Safety Code, immediately preceding Section 10250, immediately preceding Section 105250, to read:105249.This chapter shall be known, and may be cited, as the California Lead Safety Enhancement Act of 2016.
SEC. 3.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. 102-550). (Public Law 102-550).
(b)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).
(c)(1)Regulations regarding accreditation of training providers that the department adopts 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 105251, and certification of employees who have successfully completed that training.
(2)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.
(d)(1)The department shall, on or before 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 pursuant to this paragraph 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 paragraph shall not be imposed on any state or local government or nonprofit training program.
(2)Beginning January 1, 2017, the department shall review its schedule of fees collected pursuant to this paragraph at least once in any eight-year period and, if necessary, adopt regulations establishing new fee amounts that account for changes in the cost of living, not to exceed the departments reasonable costs to administer this chapter.
(e)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 divisions cost of enforcing compliance with training and certification requirements.
(f)(1)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.
(2)The department shall shall, in consultation with the Contractors State License Board, review and amend its regulations governing lead-related construction work, including training, certification, and accreditation, to review, and where appropriate, conform to to, the federal Environmental Protection Agencys Lead Renovation, Repair, and Painting Program Rule (40 C.F.R. 745) or impose more stringent requirements and standards that are consistent with Section 2617 of Title 15 of the United States Code.
(3)(A)The department shall request authorization from the federal Environmental Protection Agency to administer and enforce all of the provisions of 40 C.F.R. Part 745, Subpart E and Subpart L. L of Part 745 of Title 40 of the Code of Federal Regulations.
(B)The department, in coordination with the Contractors State License Board, shall develop and implement an education and outreach effort to provide the regulated community clear information on the regulations.
(B)
(C)(i)Upon receipt of authorization, if any, from the agency pursuant to subparagraph (A), the department shall adopt regulations establishing procedures pursuant to which a local law enforcement agency may elect to assume and carry out responsibility for those enforcement activities in its jurisdiction.
(ii)A local enforcement agency that elects to assume enforcement responsibility as described in subclause clause (i) shall, on or before February 28 of each year, submit to the department a report of its enforcement activities during the immediately preceding calendar year.
SEC. 4.Section 105251 of the Health and Safety Code is amended to read:105251.For purposes of this chapter, the following definitions apply:
(a) The following terms have the respective meanings set forth in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations adopted by the State Department of Public Health pursuant to Sections 105250 and 124160: abatement, accredited training provider, certificate, course completion form, CDPH-approved course, lead hazard, lead hazard evaluation, lead-related construction work, public building, and residential building.
(b)Code enforcement officer means a sworn or non-sworn nonsworn inspector, officer, or investigator employed by a city, county, or city and county, who possesses specialized training in, and whose primary duties are, the prevention, detection, investigation, and enforcement of violations of laws regulating substandard housing conditions, public nuisance, public health, safety, and welfare, public works, business activities, consumer protection, building standards, land use, or municipal affairs.
(c) Department means the State Department of Public Health.
(d)Fund means the Lead-Related Construction Fund created by subdivision (a) of Section 105251.1.
(e)Local enforcement agency means the health department, environmental agency, housing department, or building department of any city, county, or city and county.
SEC. 5.Section 105251.1 is added to the Health and Safety Code, to read:105251.1.(a)All fees collected pursuant to this chapter shall be deposited in the Lead-Related Construction Fund, which is hereby created in the State Treasury.
(b)(1)Moneys in the fund shall be expended by the department upon appropriation by the Legislature for the purposes of this chapter.
(2)Moneys in the fund are available for cashflow borrowing pursuant to Sections 16310 and 16381 of the Government Code.
(3)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 200910 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. 6.Section 105251.2 is added to the Health and Safety Code, to read:105251.2.On or before February 28 of each year, the department shall submit a report to the federal Environmental Protection Agency that contains all of the following information:
(a)The registry, as of December 31 of the immediately preceding calendar year, of the training programs, individuals, and entities certified by the department pursuant to Section 105250.
(b)Information, if any, submitted to the department by local enforcement agencies pursuant subclause to clause (ii) of subparagraph (B) (C) of paragraph (3) of subdivision (f) of Section 105250.
SEC. 7.Section 105251.3 is added to the Health and Safety Code, to read:105251.3.(a)A certified lead inspector or assessor, certified lead project monitor, or certified lead sampling technician conducting lead hazard evaluation on a structure shall not conduct lead-related construction on that structure.
(b)The department shall revoke the certification of a person who violates subdivision (a).
SEC. 8.Section 131051 of the Health and Safety Code is amended to read:131051.The duties, powers, functions, jurisdiction, and responsibilities transferred to the State Department of Public Health shall, pursuant to the act that added this section, include all of the following previously performed by the former State Department of Health Services:
(a)Under the jurisdiction of the Deputy Director for Prevention Services:
(1)The Office of AIDS, including but not limited to:
(A)The AIDS Drug Assistance Program (Chapter 6 (commencing with Section 120950) of Part 4 of Division 105).
(B)The AIDS Early Intervention Program (Chapter 4 (commencing with Section 120900) of Part 4 of Division 105).
(C)The CARE Services Program, provided for pursuant to the federal Ryan White CARE Act, 42 U.S.C. Section 300ff.
(D)The CARE/Health Insurance Premium Payment Program (federal Ryan White CARE Act, 42 U.S.C. Sec. 300ff).
(E)The Housing Opportunities for Persons with AIDS Program (Section 100119).
(F)The Residential AIDS Licensed Facilities Program (former Section 100119; Chapter 2 (commencing with Section 120815) of Part 4 of Division 105).
(G)The AIDS Case Management Program (federal Ryan White CARE Act, 42 U.S.C. Sec. 300ff; Chapter 2 (commencing with Section 120815) of Part 4 of Division 105).
(H)The AIDS Medi-Cal Waiver Program (former Section 100119; 42 U.S.C. Sec. 1396n(c)).
(I)The Bridge Project (former Section 100119).
(J)The HIV Therapeutic Monitoring Program (Chapter 16 (commencing with Section 121345) of Part 4 of Division 105).
(K)The Learning Immune Function Enhancement program (former Section 100119).
(L)The San Ysidro Prevention Project (Section 113019).
(M)The California Statewide Treatment Education Program (former Section 100119).
(N)The HIV Counseling and Testing Program (Section 113019).
(O)The Neighborhood Intervention Geared Toward High-Risk Testing program Program (former Section 100119).
(P)The Perinatal Transmission Prevention Project (Section 113019).
(Q)The California AIDS Clearinghouse (Section 113019).
(R)The California Disclosure Assistance and Partner Services/Partner Counseling and Referral Services (Section 113019).
(S)The African-American HIV Initiative (Section 113019; Chapter 13.7 (commencing with Section 120290) of Part 4 of Division 105).
(T)The Injection Drug User HIV Testing Utilizing Hepatitis C Testing High-Risk Initiative (Section 113019).
(U)The Prevention with Positives High-Risk Initiative (Section 113019).
(V)The Statewide Technical Assistance Initiatives (Section 113019).
(W)The HIV/AIDS Case Registry (Sections 113019, 120125, and 120130).
(2)The Office of Binational Border Health, including, but not limited to, all of the following:
(A)The California-Mexico Health Initiative (Part 3 (commencing with Section 475) of Division 1).
(B)The Early Warning Infectious Disease Surveillance Program (Chapter 2 (commencing with Section 1250) of Division 2; Chapter 2 (commencing with Section 120130) of Part 1 of Division 105).
(3)The Division of Communicable Disease Control, including, but not limited to, all of the following:
(A)The Infant Botulism Treatment and Prevention Program (Article 2.5 (commencing with Section 123700) of Chapter 3 of Part 2 of Division 106).
(B)The Sexually Transmitted Disease Control Program (Part 3 (commencing with Section 120500) of Division 105).
(C)The Infectious Disease Program (Chapter 2 (commencing with Section 120130) of Part 1 of Division 105).
(D)The Bioterrorism Epidemiology Program.
(E)The Vector Borne Vectorborne Disease Program (Part 11 (commencing with Section 116100) of Division 104).
(F)The Tuberculosis Control Program (Part 5 (commencing with Section 121350) of Division 105).
(G)The Microbial Diseases Laboratory (Chapter 2 (commencing with Section 100250) of Division 101).
(H)The Viral and Rickettsial Disease Laboratory (Chapter 2 (commencing with Section 100250) of Division 101).
(I)The West Nile Human Surveillance Program (Chapter 2 (commencing with Section 116110) of Part 11 of Division 104).
(J)The Immunization Program (Part 2 (commencing with Section 120325) of Division 105).
(K)The Vaccines for Children Program (Part 2 (commencing with Section 120325) of Division 105).
(4)The Division of Chronic Disease and Injury Control, including, but not limited to, all of the following:
(A)The IMPACT Prostate Cancer Treatment Program (Chapter 7 (commencing with Section 104322) of Part 1 of Division 103), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this program are hereby with the State Department of Health Care Services.
(B)The Every Woman Counts program Program (Breast and Cervical Cancer Screening Program) (Article 1.3 (commencing with Section 104150) of Chapter 2 of Part 1 of Division 103; Section 30461.6 of the Revenue and Taxation Code), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this program are hereby with the State Department of Health Care Services.
(C)The Well-Integrated Screening and Evaluation for Women Across the Nation Demonstration Project (Article 1.3 (commencing with Section 104150) of Chapter 2 of Part 1 of Division 103).
(D)The California Nutrition Network (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103).
(E)The Cancer Research Program (Article 2 (commencing with Section 104175) of Chapter 2 of Part 1 of Division 103).
(F)The Translational Cancer Research and Technology Transfer Program (Article 2 (commencing with Section 104175) of Chapter 2 of Part 1 of Division 103).
(G)The Ken Maddy California Cancer Registry (Chapter 2 (commencing with Section 103875) of Part 2 of Division 102).
(H)The California Osteoporosis Prevention and Education Program (Chapter 1 (commencing with Section 125700) of Part 8 of Division 106).
(I)The Preventive Health Care for the Aging Program (Part 4 (commencing with Section 104900) of Division 103).
(J)The California Arthritis Prevention Program (former Section 100185).
(K)The Office of Oral Health (Chapter 3 (commencing with Section 104750) of Part 3 of Division 103).
(L)The Childrens Dental Disease Prevention Program (Article 3 (commencing with Section 104770) of Chapter 3 of Part 3 of Division 103).
(M)The Community Water Fluoridation Program (Article 3.5 (commencing with Section 116409) of Chapter 4 of Part 12 of Division 104).
(N)The California Asthma Public Health Initiative (Chapter 6.5 (commencing with Section 104316) of Part 1 of Division 103).
(O)The California Obesity Prevention Initiative (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103).
(P)The School Health Connections program (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103).
(Q)The California Project LEAN (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103).
(R)The California Center for Physical Activity (Section 131085).
(S)The California Diabetes Program (Section 131085).
(T)The Preventive Medicine Residency Program (Section 131090).
(U)The California Epidemiologic Investigation Service (Article 4 (commencing with Section 100325) of Chapter 2 of Part 1 of Division 101).
(V)The Continuing Professional Education Program (Section 131090).
(W)The Injury Surveillance and Epidemiology Program (Part 2 (commencing with Section 104325) of Division 103).
(X)The State and Local Injury Control Program (Chapter 1 (commencing with Section 104325) of Part 2 of Division 103).
(Y)The Office on Disability and Health (former Section 100185).
(Z)The Alzheimers Disease Program (Article 4 (commencing with Section 125275) of Chapter 2 of Part 5 of Division 106).
(AA)The California Tobacco Control Program (Chapter 1 (commencing with Section 104350) of Part 3 of Division 103).
(5)The Division of Drinking Water and Environmental Management, including, but not limited to, all of the following:
(A)The Medical Waste Management Program (Part 14 (commencing with Section 117600) of Division 104).
(B)The Department of Defense Oversight Program (Radiologic Guidance and Approvals) (Part 9 (commencing with Section 114650) of Division 104).
(C)The Nuclear Emergency Response Program (Part 9 (commencing with Section 114650) of Division 104).
(D)The Institutions Program (Environmental Surveys) (Article 5 (commencing with Section 116025) of Chapter 5 of Part 10 of Division 104).
(E)The Drinking Water Field Management program (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104).
(F)The Environmental Health Specialist Registration Program (Article 1 (commencing with Section 106600) of Chapter 4 of Part 1 of Division 104).
(G)The Sanitation and Radiation Laboratory (Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101); Chapter 4 (commencing with Section 116270) of Part 12 of Division 104).
(H)The Radon Program (Chapter 7 (commencing with Section 105400) of Part 5 of Division 103; Chapter 4 (commencing with Section 116270) of Part 12, and Article 2 (commencing with Section 106750) of Chapter 4 of Part 1, of Division 104).
(I)The Shellfish Sanitation Program (Chapter 5 (commencing with Section 112150) of Part 6 of Division 104).
(J)The Ocean Beach Safety Programs (Article 2 (commencing with Section 115875) of Chapter 5 of Part 10 of Division 104).
(K)The Bioterrorism Planning and Response for Drinking Water, Medical Waste, and Environmental Health program (Article 6 (commencing with Section 101315) of Chapter 3 of Part 3 of Division 101).
(L)The Safe Drinking Water State Revolving Fund (Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104).
(M)The Drinking Water Technical Programs (Chapter 4 (commencing with Section 16270) of Part 12 of Division 104; Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104; Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division 104; Chapter 5 (commencing with Section 116775) of Part 12 of Division 104; Chapter 5 (commencing with Section 115825) of Part 10 of Division 104; 104 of this code; Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code; Section 13411 of the Water Code).
(N)The Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) (Division 26.5 (commencing with Section 79500) of the Water Code).
(6)The Division of Environmental and Occupational Disease Control, including, but not limited to, all of the following:
(A)The California Birth Defect Monitoring Program (Chapter 1 (commencing with Section 103825) of Part 2 of Division 102).
(B)The Childhood Lead Poisoning Prevention Program (Chapter 5 (commencing with Section 105275) of Part 5 of Division 103; Article 7 (commencing with Section 124125) of Chapter 3 of Part 2 of Division 106).
(C)The California Lead Safety Enhancement Act of 2016 (Chapter 4 (commencing with Section 105249) of Part 5 of Division 103).
(D)The Epidemiology Studies Laboratory (Sections (Section 25416, former Section 100170, Section 100325, and Section 104324.25).
(E)The Center for Autism and Developmental Disabilities Research and Epidemiology (former Section 100170).
(F)The Cancer Cluster/Environmental Investigations (former Section 100170).
(G)The Toxic Mold Program (Chapter 18 (commencing with Section 26100) of Division 20).
(H)The Federal Agency for Toxic Substances and Disease Registry Health Assessments, Education and Investigations program (former Section 100170).
(I)The Fish Contamination Outreach and Education program (former Section 100170).
(J)The Air Pollution and Cardiovascular Disease in the California Teachers Study Cohort Project (former Section 100170).
(K)The Delta Watershed Fish Project (outreach, education, and training to reduce exposures to mercury in fish) (former Section 100170).
(L)The Environmental Health Laboratory (former Section 100170; Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101).
(M)The Indoor Air Quality program (Chapter 7 (commencing with Section 105400) of Part 5 of Division 103).
(N)The Outdoor Air Quality program (Section 60.9 of the Labor Code).
(O)The Laboratory Response Network for Chemical Terrorism program (former Section 100170; Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101).
(P)The Air Quality and Human Monitoring Support Program (former Section 100170).
(Q)The Hazard Evaluation System and Information Service Program (Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of Division 103; Section 147.2 of the Labor Code).
(R)The Occupational Health Surveillance and Evaluation Program (Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of Division 103).
(S)The Occupational Lead Poisoning Prevention Program (Article 2 (commencing with Section 105185) of Chapter 2 of Part 5 of Division 103).
(T)The Occupational Blood Lead Registry (Article 2 (commencing with Section 105185) of Chapter 2 of Part 5 of Division 103).
(7)The Division of Food, Drug and Radiation Safety, including, but not limited to, all of the following:
(A)The Drug Licensing Program (Article 6 (commencing with Section 111615) of Chapter 6 of Part 5 of Division 104).
(B)The Consumer Product Safety Program (Part 3 (commencing with Section 108100) of Division 104).
(C)The Export Program (Article 2 (commencing with Section 110190) of Chapter 2 of Part 5 of Division 104).
(D)The Food Safety Inspection Program (Part 5 (commencing with Section 109875) and Part 6 (commencing with Section 111940) of Division 104).
(E)The Foodborne Illness and Tampering Emergency Response Program (Part 5 (commencing with Section 109875) of Division 104).
(F)The Retail Food Safety Program (Part 7 (commencing with Section 113700) of Division 104).
(G)The Food Safety Industry Education and Training Program (pursuant to Section 110485).
(H)The Medical Device Licensing Program (Article 6 (commencing with Section 111615) of Chapter 6 of Part 5 of Division 104).
(I)The Medical Device Safety Program (Part 5 (commencing with Section 109875) of Division 104).
(J)The Stop Tobacco Access to Kids Enforcement Program (STAKE) (Division 8.5 (commencing with Section 22950) of the Business and Professions Code).
(K)The Food and Drug Laboratory (Chapter 2 (commencing with Section 100250) of Division 101).
(L)The Drug Safety Program (Part 4 (commencing with Section 109250) and Part 5 (commencing with Section 109875) of Division 104).
(M)The General Food Safety Program (Part 5 (commencing with Section 109875) and Part 6 (commencing with Section 111940) of Division 104).
(N)The Food Testing Program (Chapter 2 (commencing with Section 100250) of Division 101).
(O)The Forensic Alcohol Testing Program (Article 2 (commencing with Section 100700) of Chapter 4 of Part 1 of Division 101).
(P)The Methadone Laboratory Regulating Program (Article 2 (commencing with Section 11839.23) of Chapter 10 of Part 2 of Division 10.5).
(Q)The Radiologic Health Program (Part 9 (commencing with Section 114650) of Division 104).
(R)The Mammography Program (Chapter 6 (commencing with Section 114840) of Part 9 of Division 104).
(S)The Radioactive Materials Licensing and Inspection Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104).
(T)The Radiological Technologist Certification Program (Article 5 (commencing with Section 106955) of Part 1, and Article 3 (commencing with Section 114855) of Chapter 6 of Part 9 of Division 104).
(U)The Radioactive Waste Tracking Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104).
(V)The Radioactive Waste Minimization Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104).
(W)The Low Level Radioactive Waste Management, Treatment and Disposal Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104).
(X)The Statewide Environmental Radiation Monitoring Program (pursuant to Section 114755).
(Y)The Department of Energy Oversight Program (Part 9 (commencing with Section 114650) of Division 104).
(Z)The X-Ray Machine Inspection and Registration and Mammography Quality Standards Act Inspection Program (Article 5 (commencing with Section 106955) of Part 1, and Article 3 (commencing with Section 114855) of Chapter 6 of Part 9 of Division 104).
(8)The Deputy Director for Laboratory Science, including, but not limited to, all of the following:
(A)The Environmental Laboratory Accreditation Program (Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101).
(B)The Laboratory Central Services Program (Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101).
(C)The National Laboratory Training Network (Section 131085).
(D)The Laboratory Field Services program Division (Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code).
(b)Under the jurisdiction of the Deputy Director for Licensing and Certification:
(1)The General Acute Care Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(2)The Acute Psychiatric Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(3)The Special Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(4)The Chemical Dependency Recovery Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(5)The Skilled Nursing Facilities Facility Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(6)The Intermediate Care Facilities Facility Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(7)The Intermediate Care Facilities-Developmentally FacilityDevelopmentally Disabled Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(8)The Intermediate Care Facilities-Developmentally FacilityDevelopmentally Disabled-Habilitative Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(9)The Intermediate Care Facility-Developmentally FacilityDevelopmentally Disabled-Nursing Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(10)The Home Health Agencies Licensing Program (Chapter 8 (commencing with Section 1725) of Division 2).
(11)The Referral Agencies Licensing Program (Chapter 2.3 (commencing with Section 1400) of Division 2).
(12)The Adult Day Health Centers Licensing Program (Chapter 3.3 (commencing with Section 1570) of Division 2).
(13)The Congregate Living Health Facilities congregate living health facilities (Chapter 2 (commencing with Section 1250) of Division 2).
(14)The Psychology Clinics Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(15)The Primary ClinicsCommunity and Free Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(16)The Specialty ClinicsRehab Clinics Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(17)The Dialysis Clinics Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(18)The Pediatric Day Health/Respite Care Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(19)The Alternative Birthing Centers Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(20)The Hospice Licensing Program (Chapter 2 (commencing with Section 1339.30) of Division 2).
(21)The Correctional Treatment Centers Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(22)The Medicare/Medi-Cal Certification Program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code).
(23)The Nursing Home Administrator Professional Certification Program (Chapter 2.35 (commencing with Section 1416) of Division 2).
(24)The Certified Nursing Assistants Professional Certification Program (Chapter 2 (commencing with Section 1337) of Division 2).
(25)The Home Health Aides Professional Certification Program (Chapter 8 (commencing with Section 1725) of Division 2).
(26)The Hemodialysis Technicians Professional Certification Program (Chapter 3 (commencing with Section 1247) of Division 2 of the Business and Professions Code; Chapter 10 (commencing with Section 1794) of Division 2). 2 of this code).
(27)The Criminal Background Clearance Program (Chapter 2 (commencing with Section 1337), Chapter 3 (commencing with Section 1520), Chapter 3.01 (commencing with Section 1569.15), Chapter 3.4 (commencing with Section 1496.80) of Division 2, and Chapter 4 (commencing with Section 11150) of Division 8).
(c)Under the jurisdiction of the Deputy Director for Health Information and Strategic Planning:
(1)The Refugee Health Program (Subpart G of Part 400 of Title 45 of the Code of Federal Regulations).
(2)The Office of County Health Services (Article 5 (commencing with Section 101300) of Chapter 3 of Part 3 of Division 101; 101 of this code; Part 4.7 (commencing with Section 16900) of Division 9 of the Welfare and Institutions Code).
(3)The Medically Indigent Services Program (Article 5 (commencing with Section 101300) of Chapter 3 of Part 3 of Division 101).
(4)The Office of Vital Records (Part 1 (commencing with Section 102100) of Division 102).
(5)The Office of Health Information and Research (Article 1 (commencing with Section 102175) of Chapter 2 of Part 1 of Division 102; Section 128730).
(6)The Local Public Health Services Program (Article 5 (commencing with Section 101300) of Chapter 3 of Part 3 of Division 101).
(7)The National Center for Health Statistics (Part 1 (commencing with Section 102100) of Division 102; Section 128730).
(8)The Medical Marijuana Program (Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code).
(d)Under the jurisdiction of the Deputy Director for Primary Care and Family Health:
(1)The Maternal, Child Child, and Adolescent Health program Program (Part 2 (commencing with Section 123225) of Division 106).
(2)The Adolescent Family Life Program (Article 1 (commencing with Section 124175) of Chapter 4 of Part 2 of Division 106).
(3)The Advanced Practice Nurse Training program (Part 2 (commencing with Section 123225) of Division 106).
(4)The California Black Infant Health Program (Part 2 (commencing with Section 123225) of Division 106).
(5)The Breastfeeding Program (Article 3 (commencing with Section 123360) of Chapter 1 of Part 2 of Division 6).
(6)The California Diabetes and Pregnancy Program (Part 2 (commencing with Section 123225) of Division 106).
(7)The California Initiative to Improve Adolescent Health by the Year 2010 (Part 2 (commencing with Section 123225) of Division 106).
(8)The Childhood Injury Prevention Program (Article 4 (commencing with Section 100325) of Chapter 2 of Division 101).
(9)The Comprehensive Perinatal Services Program (Article 3 (commencing with Section 123475) of Chapter 2 of Part 2; 2 of this code; Section 14134.5 of the Welfare and Institutions Code).
(10)The California Fetal and Infant Mortality Review Program (Article 1 (commencing with Section 123650) of Chapter 3 of Part 2 of Division 106).
(11)The Human Stem Cell Research Program (Chapter 3 (commencing with Section 125290.10) of Part 5 of Division 106; Chapter 1 (commencing with Section 125300) of Part 5.5 of Division 106).
(12)The Local Health Department local health department Maternal, Child Child, and Adolescent Health Program (Section 123255).
(13)The Maternal Mortality Review Program (Article 4 (commencing with Section 100325) of Chapter 2 of Division 101).
(14)The Oral Health Program (Part 2 (commencing with Section 123225) of Division 106).
(15)The Preconception Health and Health Care Initiative (Part 2 (commencing with Section 123225) of Division 106).
(16)The Regional Perinatal Programs of California (Article 4 (commencing with Section 123550) of Chapter 2 of Part 2 of Division 106).
(17)The Perinatal Dispatch Centers Outreach and Education Program (Article 4 (commencing with Section 123750) of Chapter 3 of Part 2 of Division 106).
(18)The State Early Childhood Comprehensive Services Systems program (Part 2 (commencing with Section 123225) of Division 106).
(19)The Sudden Infant Death Syndrome Program (Article 3 (commencing with Section 123725) of Chapter 3 of Part 2 of Division 106).
(20)The Youth Pilot Program (Chapter 12.85 (commencing with Section 18987) of Part 6 of Division 9 of the Welfare and Institutions Code).
(21)The Office of Family Planning (Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9 of the Welfare and Institutions Code; Division 24 (commencing with Section 24000) of the Welfare and Institutions Code), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this office are hereby with the State Department of Health Care Services.
(22)The Community Challenge Grant Program (Section 14504.1 of the Welfare and Institutions Code, and Chapter 14 (commencing with Section 18993) of Part 6 of Division 9 of the Welfare and Institutions Code).
(23)The Information and Education Program (Section 14504.3 of the Welfare and Institutions Code).
(24)The Family PACT Program (subdivision (aa) of Section 14132 and Section 24005 of the Welfare and Institutions Code), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this program are hereby with the State Department of Health Care Services.
(25)The Male Involvement Program (Section 14504 of the Welfare and Institutions Code).
(26)The TeenSMART Outreach Program (Section 14504.2 of the Welfare and Institutions Code).
(27)The Battered Women Shelter Program (Chapter 6 (commencing with Section 124250) of Part 2 of Division 106).
(28)The Women, Infants Infants, and Children Program program (Article 1 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106).
(29)The WIC Supplemental Nutrition Program (Article 1 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106).
(30)The Farmers Market Nutrition Program (Section 123279).
(31)The Genetic Disease Screening Program (Chapter 1 (commencing with Section 124975) of Part 5 of Division 106).
(32)The Newborn Screening Program (Chapter 1 (commencing with Section 124975) of Part 5 of Division 106).
(33)The Prenatal Screening Program (Chapter 1 (commencing with Section 124975) of Part 5 of Division 106).
It is the intent of the Legislature to enact legislation that would align state and federal regulations related to lead in homes and buildings.
SECTION 1.(a)The Legislature finds and declares all of the following:
(1)The United States Consumer Product Safety Commission banned the use of lead-based paint in homes and public buildings, effective February 27, 1978, but lead paint, often in a dangerously deteriorated condition, remains present in many California homes built prior to 1978.
(2)People are most commonly exposed to lead when home renovation, repair, and painting projects disturb lead-based painted surfaces and release lead-contaminated dust.
(3)Given the well-documented and substantial adverse effects of lead exposure on human health, persistent residential lead contamination is a serious public health and environmental justice issue throughout California.
(b)It is the intent of the Legislature to reduce the risk of lead poisoning by establishing a state program based on the federal Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule.
SEC. 2.Section 105249 is added to the Health and Safety Code, immediately preceding Section 10250, to read:105249.This chapter shall be known, and may be cited, as the California Lead Safety Enhancement Act of 2016.
SEC. 3.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. 102-550).
(b)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).
(c)(1)Regulations regarding accreditation of training providers that are adopted the department adopts 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 work, as defined in Section 6716 of the Labor Code, 105251, and certification of employees who have successfully completed that training. Regulations
(2)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
(d)(1)The department shall, not later than on or before 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 pursuant to this subdivision paragraph 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 paragraph shall not be imposed on any state or local government or nonprofit training program.
(2)Beginning January 1, 2017, the department shall review its schedule of fees collected pursuant to this paragraph at least once in any eight-year period and, if necessary, adopt regulations establishing new fee amounts that account for changes in the cost of living, not to exceed the departments reasonable costs to administer this chapter.
(d)
(e)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 divisions 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)
(f)(1)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)Effective July 1, 2010, 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 200910 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.
(2)The department shall review and amend its regulations governing lead-related construction work, including training, certification, and accreditation, to conform to the federal Environmental Protection Agencys Lead Renovation, Repair, and Painting Program Rule (40 C.F.R. 745) or impose more stringent requirements and standards that are consistent with Section 2617 of Title 15 of the United States Code.
(3)(A)The department shall request authorization from the federal Environmental Protection Agency to administer and enforce all of the provisions of 40 C.F.R. Part 745, Subpart E and Subpart L.
(B)(i)Upon receipt of authorization, if any, from the agency pursuant to subparagraph (A), the department shall adopt regulations establishing procedures pursuant to which a local law enforcement agency may elect to assume and carry out responsibility for those enforcement activities in its jurisdiction.
(ii)A local enforcement agency that elects to assume enforcement responsibility as described in subclause (i) shall, on or before February 28 of each year, submit to the department a report of its enforcement activities during the immediately preceding calendar year.
SEC. 4.Section 105251 of the Health and Safety Code is amended to read:105251.For purposes of this chapter, the following definitions shall apply:
(a) The following terms shall have the same meaning as contained respective meanings set forth in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations adopted by the State Department of Public Health Services pursuant to Sections 105250 and 124160: abatement, accredited training provider, certificate, course completion form, DHS-approved CDPH-approved course, lead hazard, lead hazard evaluation, lead related lead-related construction work, public building, and residential building.
(b)Code enforcement officer means a sworn or non-sworn inspector, officer, or investigator employed by a city, county, or city and county, who possesses specialized training in, and whose primary duties are, the prevention, detection, investigation, and enforcement of violations of laws regulating substandard housing conditions, public nuisance, public health, safety, and welfare, public works, business activities, consumer protection, building standards, land-use, or municipal affairs.
(b)
(c) Department means the State Department of Health Services. Public Health.
(d)Fund means the Lead-Related Construction Fund created by subdivision (a) of Section 105251.1.
(c)
(e)Local enforcement agency means the health department, environmental agency, housing department, or building department of any city, county, or city and county.
SEC. 5.Section 105251.1 is added to the Health and Safety Code, to read:105251.1.(a)All fees collected pursuant to this chapter shall be deposited in the Lead-Related Construction Fund, which is hereby created in the State Treasury.
(b)(1)Moneys in the fund shall be expended by the department upon appropriation by the Legislature for the purposes of this chapter.
(2)Moneys in the fund are available for cashflow borrowing pursuant to Sections 16310 and 16381 of the Government Code.
(3)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 200910 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. 6.Section 105251.2 is added to the Health and Safety Code, to read:105251.2.On or before February 28 of each year, the department shall submit a report to the federal Environmental Protection Agency that contains all of the following information:
(a)The registry, as of December 31 of the immediately preceding calendar year, of the training programs, individuals, and entities certified by the department pursuant to Section 105250.
(b)Information, if any, submitted to the department by local enforcement agencies pursuant subclause (ii) of subparagraph (B) of paragraph (3) of subdivision (f) Section 105250.
SEC. 7.Section 105251.3 is added to the Health and Safety Code, to read:105251.3.(a)A certified lead inspector or assessor, certified lead project monitor, or certified lead sampling technician conducting lead hazard evaluation on a structure shall not conduct lead-related construction on that structure.
(b)The department shall revoke the certification of a person who violates subdivision (a).
SEC. 8.Section 131051 of the Health and Safety Code is amended to read:131051.The duties, powers, functions, jurisdiction, and responsibilities transferred to the State Department of Public Health shall, pursuant to the act that added this section, include all of the following previously performed by the former State Department of Health Services:
(a)Under the jurisdiction of the Deputy Director for Prevention Services:
(1)The Office of AIDS, including but not limited to:
(A)The AIDS Drug Assistance Program (Chapter 6 (commencing with Section 120950) of Part 4 of Division 105).
(B)The AIDS Early Intervention Program (Chapter 4 (commencing with Section 120900) of Part 4 of Division 105).
(C)The CARE Services Program, provided for pursuant to the federal Ryan White CARE Act, 42 U.S.C. Section 300ff.
(D)The CARE/Health Insurance Premium Payment Program (federal Ryan White CARE Act, 42 U.S.C. Sec. 300ff).
(E)The Housing Opportunities for Persons with AIDS Program (Section 100119).
(F)The Residential AIDS Licensed Facilities Program (former Section 100119; Chapter 2 (commencing with Section 120815) of Part 4 of Division 105).
(G)The AIDS Case Management Program (federal Ryan White CARE Act, 42 U.S.C. Sec. 300ff; Chapter 2 (commencing with Section 120815) of Part 4 of Division 105).
(H)The AIDS Medi-Cal Waiver Program (former Section 100119; 42 U.S.C. Sec. 1396n(c)).
(I)The Bridge Project (former Section 100119).
(J)The HIV Therapeutic Monitoring Program (Chapter 16 (commencing with Section 121345) of Part 4 of Division 105).
(K)The Learning Immune Function Enhancement program (former Section 100119).
(L)The San Ysidro Prevention Project (Section 113019).
(M)The California Statewide Treatment Education Program (former Section 100119).
(N)The HIV Counseling and Testing Program (Section 113019).
(O)The Neighborhood Intervention Geared Toward High-Risk Testing program (former Section 100119).
(P)The Perinatal Transmission Prevention Project (Section 113019).
(Q)The California AIDS Clearinghouse (Section 113019).
(R)The California Disclosure Assistance and Partner Services/Partner Counseling and Referral Services (Section 113019).
(S)The African-American HIV Initiative (Section 113019; Chapter 13.7 (commencing with Section 120290) of Part 4 of Division 105).
(T)The Injection Drug User HIV Testing Utilizing Hepatitis C Testing High-Risk Initiative (Section 113019).
(U)The Prevention with Positives High-Risk Initiative (Section 113019).
(V)The Statewide Technical Assistance Initiatives (Section 113019).
(W)The HIV/AIDS Case Registry (Sections 113019, 120125, and 120130).
(2)The Office of Binational Border Health, including, but not limited to, all of the following:
(A)The California-Mexico Health Initiative (Part 3 (commencing with Section 475) of Division 1).
(B)The Early Warning Infectious Disease Surveillance Program (Chapter 2 (commencing with Section 1250) of Division 2; Chapter 2 (commencing with Section 120130) of Part 1 of Division 105).
(3)The Division of Communicable Disease Control, including, but not limited to, all of the following:
(A)The Infant Botulism Treatment and Prevention Program (Article 2.5 (commencing with Section 123700) of Chapter 3 of Part 2 of Division 106).
(B)The Sexually Transmitted Disease Control Program (Part 3 (commencing with Section 120500) of Division 105).
(C)The Infectious Disease Program (Chapter 2 (commencing with Section 120130) of Part 1 of Division 105).
(D)The Bioterrorism Epidemiology Program.
(E)The Vector Borne Disease (Part 11 (commencing with Section 116100) of Division 104).
(F)The Tuberculosis Control Program (Part 5 (commencing with Section 121350) of Division 105).
(G)The Microbial Diseases Laboratory (Chapter 2 (commencing with Section 100250) of Division 101).
(H)The Viral and Rickettsial Disease Laboratory (Chapter 2 (commencing with Section 100250) of Division 101).
(I)The West Nile Human Surveillance Program (Chapter 2 (commencing with Section 116110) of Part 11 of Division 104).
(J)The Immunization Program (Part 2 (commencing with Section 120325) of Division 105).
(K)The Vaccines for Children Program (Part 2 (commencing with Section 120325) of Division 105).
(4)The Division of Chronic Disease and Injury Control, including, but not limited to, all of the following:
(A)The IMPACT Prostate Cancer Treatment Program (Chapter 7 (commencing with Section 104322) of Part 1 of Division 103), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this program are hereby with the State Department of Health Care Services.
(B)The Every Woman Counts program (Breast and Cervical Cancer Screening Program) (Article 1.3 (commencing with Section 104150) of Chapter 2 of Part 1 of Division 103; Section 30461.6 of the Revenue and Taxation Code), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this program are hereby with the State Department of Health Care Services.
(C)The Well-Integrated Screening and Evaluation for Women Across the Nation Demonstration Project (Article 1.3 (commencing with Section 104150) of Chapter 2 of Part 1 of Division 103).
(D)The California Nutrition Network (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103).
(E)The Cancer Research Program (Article 2 (commencing with Section 104175) of Chapter 2 of Part 1 of Division 103).
(F)The Translational Cancer Research and Technology Transfer Program (Article 2 (commencing with Section 104175) of Chapter 2 of Part 1 of Division 103).
(G)The Ken Maddy California Cancer Registry (Chapter 2 (commencing with Section 103875) of Part 2 of Division 102).
(H)The California Osteoporosis Prevention and Education Program (Chapter 1 (commencing with Section 125700) of Part 8 of Division 106).
(I)The Preventive Health Care for the Aging Program (Part 4 (commencing with Section 104900) of Division 103).
(J)The California Arthritis Prevention Program (former Section 100185).
(K)The Office of Oral Health (Chapter 3 (commencing with Section 104750) of Part 3 of Division 103).
(L)The Childrens Dental Disease Prevention Program (Article 3 (commencing with Section 104770) of Chapter 3 of Part 3 of Division 103).
(M)The Community Water Fluoridation Program (Article 3.5 (commencing with Section 116409) of Chapter 4 of Part 12 of Division 104).
(N)The California Asthma Public Health Initiative (Chapter 6.5 (commencing with Section 104316) of Part 1 of Division 103).
(O)The California Obesity Prevention Initiative (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103).
(P)The School Health Connections program (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103).
(Q)The California Project LEAN (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103).
(R)The California Center for Physical Activity (Section 131085).
(S)The California Diabetes Program (Section 131085).
(T)The Preventive Medicine Residency Program (Section 131090).
(U)The California Epidemiologic Investigation Service (Article 4 (commencing with Section 100325) of Chapter 2 of Part 1 of Division 101).
(V)The Continuing Professional Education Program (Section 131090).
(W)The Injury Surveillance and Epidemiology Program (Part 2 (commencing with Section 104325) of Division 103).
(X)The State and Local Injury Control Program (Chapter 1 (commencing with Section 104325) of Part 2 of Division 103).
(Y)The Office on Disability and Health (former Section 100185).
(Z)The Alzheimers Disease Program (Article 4 (commencing with Section 125275) of Chapter 2 of Part 5 of Division 106).
(AA)The California Tobacco Control Program (Chapter 1 (commencing with Section 104350) of Part 3 of Division 103).
(5)The Division of Drinking Water and Environmental Management, including, but not limited to, all of the following:
(A)The Medical Waste Management Program (Part 14 (commencing with Section 117600) of Division 104).
(B)The Department of Defense Oversight Program (Radiologic Guidance and Approvals) (Part 9 (commencing with Section 114650) of Division 104).
(C)The Nuclear Emergency Response Program (Part 9 (commencing with Section 114650) of Division 104).
(D)The Institutions Program (Environmental Surveys) (Article 5 (commencing with Section 116025) of Chapter 5 of Part 10 of Division 104).
(E)The Drinking Water Field Management program (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104).
(F)The Environmental Health Specialist Registration Program (Article 1 (commencing with Section 106600) of Chapter 4 of Part 1 of Division 104).
(G)The Sanitation and Radiation Laboratory (Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101); Chapter 4 (commencing with Section 116270) of Part 12 of Division 104).
(H)The Radon Program (Chapter 7 (commencing with Section 105400) of Part 5 of Division 103; Chapter 4 (commencing with Section 116270) of Part 12, and Article 2 (commencing with Section 106750) of Chapter 4 of Part 1, of Division 104).
(I)The Shellfish Sanitation Program (Chapter 5 (commencing with Section 112150) of Part 6 of Division 104).
(J)The Ocean Beach Safety Programs (Article 2 (commencing with Section 115875) of Chapter 5 of Part 10 of Division 104).
(K)The Bioterrorism Planning and Response for Drinking Water, Medical Waste, and Environmental Health program (Article 6 (commencing with Section 101315) of Chapter 3 of Part 3 of Division 101).
(L)The Safe Drinking Water State Revolving Fund (Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104).
(M)The Drinking Water Technical Programs (Chapter 4 (commencing with Section 16270) of Part 12 of Division 104; Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104; Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division 104; Chapter 5 (commencing with Section 116775) of Part 12 of Division 104; Chapter 5 (commencing with Section 115825) of Part 10 of Division 104; Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code; Section 13411 of the Water Code).
(N)The Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) (Division 26.5 (commencing with Section 79500) of the Water Code).
(6)The Division of Environmental and Occupational Disease Control, including, but not limited to, all of the following:
(A)The California Birth Defect Monitoring Program (Chapter 1 (commencing with Section 103825) of Part 2 of Division 102).
(B)The Childhood Lead Poisoning Prevention Program (Chapter 5 (commencing with Section 105275) of Part 5 of Division 103; Article 7 (commencing with Section 124125) of Chapter 3 of Part 2 of Division 106).
(C)The California Lead Related Construction Program Safety Enhancement Act of 2016 (Chapter 4 (commencing with Section 105250) 105249) of Part 5 of Division 103).
(D)The Epidemiology Studies Laboratory (Sections 25416, former Section 100170, Section 100325, and Section 104324.25).
(E)The Center for Autism and Developmental Disabilities Research and Epidemiology (former Section 100170).
(F)The Cancer Cluster/Environmental Investigations (former Section 100170).
(G)The Toxic Mold Program (Chapter 18 (commencing with Section 26100) of Division 20).
(H)The Federal Agency for Toxic Substances and Disease Registry Health Assessments, Education and Investigations program (former Section 100170).
(I)The Fish Contamination Outreach and Education program (former Section 100170).
(J)The Air Pollution and Cardiovascular Disease in the California Teachers Study Cohort Project (former Section 100170).
(K)The Delta Watershed Fish Project (outreach, education, and training to reduce exposures to mercury in fish) (former Section 100170).
(L)The Environmental Health Laboratory (former Section 100170; Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101).
(M)The Indoor Air Quality program (Chapter 7 (commencing with Section 105400) of Part 5 of Division 103).
(N)The Outdoor Air Quality program (Section 60.9 of the Labor Code).
(O)The Laboratory Response Network for Chemical Terrorism program (former Section 100170; Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101).
(P)The Air Quality and Human Monitoring Support Program (former Section 100170).
(Q)The Hazard Evaluation System and Information Service Program (Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of Division 103; Section 147.2 of the Labor Code).
(R)The Occupational Health Surveillance and Evaluation Program (Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of Division 103).
(S)The Occupational Lead Poisoning Prevention Program (Article 2 (commencing with Section 105185) of Chapter 2 of Part 5 of Division 103).
(T)The Occupational Blood Lead Registry (Article 2 (commencing with Section 105185) of Chapter 2 of Part 5 of Division 103).
(7)The Division of Food, Drug and Radiation Safety, including, but not limited to, all of the following:
(A)The Drug Licensing Program (Article 6 (commencing with Section 111615) of Chapter 6 of Part 5 of Division 104).
(B)The Consumer Product Safety Program (Part 3 (commencing with Section 108100) of Division 104).
(C)The Export Program (Article 2 (commencing with Section 110190) of Chapter 2 of Part 5 of Division 104).
(D)The Food Safety Inspection Program (Part 5 (commencing with Section 109875) and Part 6 (commencing with Section 111940) of Division 104).
(E)The Foodborne Illness and Tampering Emergency Response Program (Part 5 (commencing with Section 109875) of Division 104).
(F)The Retail Food Safety Program (Part 7 (commencing with Section 113700) of Division 104).
(G)The Food Safety Industry Education and Training Program (pursuant to Section 110485).
(H)The Medical Device Licensing Program (Article 6 (commencing with Section 111615) of Chapter 6 of Part 5 of Division 104).
(I)The Medical Device Safety Program (Part 5 (commencing with Section 109875) of Division 104).
(J)The Stop Tobacco Access to Kids Enforcement Program (STAKE) (Division 8.5 (commencing with Section 22950) of the Business and Professions Code).
(K)The Food and Drug Laboratory (Chapter 2 (commencing with Section 100250) of Division 101).
(L)The Drug Safety Program (Part 4 (commencing with Section 109250) and Part 5 (commencing with Section 109875) of Division 104).
(M)The General Food Safety Program (Part 5 (commencing with Section 109875) and Part 6 (commencing with Section 111940) of Division 104).
(N)The Food Testing Program (Chapter 2 (commencing with Section 100250) of Division 101).
(O)The Forensic Alcohol Testing Program (Article 2 (commencing with Section 100700) of Chapter 4 of Part 1 of Division 101).
(P)The Methadone Laboratory Regulating Program (Article 2 (commencing with Section 11839.23) of Chapter 10 of Part 2 of Division 10.5).
(Q)The Radiologic Health Program (Part 9 (commencing with Section 114650) of Division 104).
(R)The Mammography Program (Chapter 6 (commencing with Section 114840) of Part 9 of Division 104).
(S)The Radioactive Materials Licensing and Inspection Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104).
(T)The Radiological Technologist Certification Program (Article 5 (commencing with Section 106955) of Part 1, and Article 3 (commencing with Section 114855) of Chapter 6 of Part 9 of Division 104).
(U)The Radioactive Waste Tracking Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104).
(V)The Radioactive Waste Minimization Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104).
(W)The Low Level Radioactive Waste Management, Treatment and Disposal Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104).
(X)The Statewide Environmental Radiation Monitoring Program (pursuant to Section 114755).
(Y)The Department of Energy Oversight Program (Part 9 (commencing with Section 114650) of Division 104).
(Z)The X-Ray Machine Inspection and Registration and Mammography Quality Standards Act Inspection Program (Article 5 (commencing with Section 106955) of Part 1, and Article 3 (commencing with Section 114855) of Chapter 6 of Part 9 of Division 104).
(8)The Deputy Director for Laboratory Science, including, but not limited to, all of the following:
(A)The Environmental Laboratory Accreditation Program (Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101).
(B)The Laboratory Central Services Program (Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101).
(C)The National Laboratory Training Network (Section 131085).
(D)The Laboratory Field Services program (Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code).
(b)Under the jurisdiction of the Deputy Director for Licensing and Certification:
(1)The General Acute Care Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(2)The Acute Psychiatric Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(3)The Special Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(4)The Chemical Dependency Recovery Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(5)The Skilled Nursing Facilities Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(6)The Intermediate Care Facilities Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(7)The Intermediate Care Facilities-Developmentally Disabled Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(8)The Intermediate Care Facilities-Developmentally Disabled-Habilitative Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(9)The Intermediate Care Facility-Developmentally Disabled-Nursing Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(10)The Home Health Agencies Licensing Program (Chapter 8 (commencing with Section 1725) of Division 2).
(11)The Referral Agencies Licensing Program (Chapter 2.3 (commencing with Section 1400) of Division 2).
(12)The Adult Day Health Centers Licensing Program (Chapter 3.3 (commencing with Section 1570) of Division 2).
(13)The Congregate Living Health Facilities (Chapter 2 (commencing with Section 1250) of Division 2).
(14)The Psychology Clinics Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(15)The Primary ClinicsCommunity and Free Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(16)The Specialty ClinicsRehab Clinics Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(17)The Dialysis Clinics Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(18)The Pediatric Day Health/Respite Care Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(19)The Alternative Birthing Centers Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2).
(20)The Hospice Licensing Program (Chapter 2 (commencing with Section 1339.30) of Division 2).
(21)The Correctional Treatment Centers Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2).
(22)The Medicare/Medi-Cal Certification Program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code).
(23)The Nursing Home Administrator Professional Certification Program (Chapter 2.35 (commencing with Section 1416) of Division 2).
(24)The Certified Nursing Assistants Professional Certification Program (Chapter 2 (commencing with Section 1337) of Division 2).
(25)The Home Health Aides Professional Certification Program (Chapter 8 (commencing with Section 1725) of Division 2).
(26)The Hemodialysis Technicians Professional Certification Program (Chapter 3 (commencing with Section 1247) of Division 2 of the Business and Professions Code; Chapter 10 (commencing with Section 1794) of Division 2).
(27)The Criminal Background Clearance Program (Chapter 2 (commencing with Section 1337), Chapter 3 (commencing with Section 1520), Chapter 3.01 (commencing with Section 1569.15), Chapter 3.4 (commencing with Section 1496.80) of Division 2, and Chapter 4 (commencing with Section 11150) of Division 8).
(c)Under the jurisdiction of the Deputy Director for Health Information and Strategic Planning:
(1)The Refugee Health Program (Subpart G of Part 400 of Title 45 of the Code of Federal Regulations).
(2)The Office of County Health Services (Article 5 (commencing with Section 101300) of Chapter 3 of Part 3 of Division 101; Part 4.7 (commencing with Section 16900) of Division 9 of the Welfare and Institutions Code).
(3)The Medically Indigent Services Program (Article 5 (commencing with Section 101300) of Chapter 3 of Part 3 of Division 101).
(4)The Office of Vital Records (Part 1 (commencing with Section 102100) of Division 102).
(5)The Office of Health Information and Research (Article 1 (commencing with Section 102175) of Chapter 2 of Part 1 of Division 102; Section 128730).
(6)The Local Public Health Services Program (Article 5 (commencing with Section 101300) of Chapter 3 of Part 3 of Division 101).
(7)The Center for Health Statistics (Part 1 (commencing with Section 102100) of Division 102; Section 128730).
(8)The Medical Marijuana Program (Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code).
(d)Under the jurisdiction of the Deputy Director for Primary Care and Family Health:
(1)The Maternal, Child and Adolescent Health program (Part 2 (commencing with Section 123225) of Division 106).
(2)The Adolescent Family Life Program (Article 1 (commencing with Section 124175) of Chapter 4 of Part 2 of Division 106).
(3)The Advanced Practice Nurse Training program (Part 2 (commencing with Section 123225) of Division 106).
(4)The Black Infant Health Program (Part 2 (commencing with Section 123225) of Division 106).
(5)The Breastfeeding Program (Article 3 (commencing with Section 123360) of Chapter 1 of Part 2 of Division 6).
(6)The California Diabetes and Pregnancy Program (Part 2 (commencing with Section 123225) of Division 106).
(7)The California Initiative to Improve Adolescent Health (Part 2 (commencing with Section 123225) of Division 106).
(8)The Childhood Injury Prevention Program (Article 4 (commencing with Section 100325) of Chapter 2 of Division 101).
(9)The Comprehensive Perinatal Services Program (Article 3 (commencing with Section 123475) of Chapter 2 of Part 2; Section 14134.5 of the Welfare and Institutions Code).
(10)The Fetal and Infant Mortality Review Program (Article 1 (commencing with Section 123650) of Chapter 3 of Part 2 of Division 106).
(11)The Human Stem Cell Research Program (Chapter 3 (commencing with Section 125290.10) of Part 5 of Division 106; Chapter 1 (commencing with Section 125300) of Part 5.5 of Division 106).
(12)The Local Health Department Maternal, Child and Adolescent Health Program (Section 123255).
(13)The Maternal Mortality Review Program (Article 4 (commencing with Section 100325) of Chapter 2 of Division 101).
(14)The Oral Health Program (Part 2 (commencing with Section 123225) of Division 106).
(15)The Preconception Health and Health Care Initiative (Part 2 (commencing with Section 123225) of Division 106).
(16)The Regional Perinatal Programs of California (Article 4 (commencing with Section 123550) of Chapter 2 of Part 2 of Division 106).
(17)The Perinatal Dispatch Centers Outreach and Education Program (Article 4 (commencing with Section 123750) of Chapter 3 of Part 2 of Division 106).
(18)The State Early Childhood Comprehensive Services program (Part 2 (commencing with Section 123225) of Division 106).
(19)The Sudden Infant Death Syndrome Program (Article 3 (commencing with Section 123725) of Chapter 3 of Part 2 of Division 106).
(20)The Youth Pilot Program (Chapter 12.85 (commencing with Section 18987) of Part 6 of Division 9 of the Welfare and Institutions Code).
(21)The Office of Family Planning (Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9 of the Welfare and Institutions Code; Division 24 (commencing with Section 24000) of the Welfare and Institutions Code), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this office are hereby with the State Department of Health Care Services.
(22)The Community Challenge Grant Program (Section 14504.1 of the Welfare and Institutions Code, and Chapter 14 (commencing with Section 18993) of Part 6 of Division 9 of the Welfare and Institutions Code).
(23)The Information and Education Program (Section 14504.3 of the Welfare and Institutions Code).
(24)The Family PACT Program (subdivision (aa) of Section 14132 and Section 24005 of the Welfare and Institutions Code), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this program are hereby with the State Department of Health Care Services.
(25)The Male Involvement Program (Section 14504 of the Welfare and Institutions Code).
(26)The TeenSMART Outreach Program (Section 14504.2 of the Welfare and Institutions Code).
(27)The Battered Women Shelter Program (Chapter 6 (commencing with Section 124250) of Part 2 of Division 106).
(28)The Women, Infants and Children Program (Article 1 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106).
(29)The WIC Supplemental Nutrition Program (Article 1 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106).
(30)The Farmers Market Nutrition Program (Section 123279).
(31)Genetic Disease Program (Chapter 1 (commencing with Section 124975) of Part 5 of Division 106).
(32)The Newborn Screening Program (Chapter 1 (commencing with Section 124975) of Part 5 of Division 106).
(33)The Prenatal Screening Program (Chapter 1 (commencing with Section 124975) of Part 5 of Division 106).
It is the intent of the Legislature to enact legislation that would align state and federal regulations related to lead in homes and buildings.
|
Date
|
Status
|
|---|---|
| Aug 25, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 12, 2016 | From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 11). |
| Aug 15, 2016 | Read second time and amended. Ordered to second reading. |
| Aug 16, 2016 | Read second time. Ordered to third reading. |
| Aug 19, 2016 | Ordered to third reading. |
| Aug 19, 2016 | Re-referred to Com. on REV. & TAX. pursuant to Assembly Rule 77.2. |
| Aug 19, 2016 | Read third time and amended. |
| Aug 19, 2016 | Read third time and amended. (Ayes 73. Noes 0. Page 5969.) |
| Aug 23, 2016 | From committee: Do pass. (Ayes 9. Noes 0.) (August 23). |
| Aug 24, 2016 | Read second time. Ordered to third reading. |
| Aug 25, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 3, 2016 | August 3 set for first hearing. Placed on APPR. suspense file. |
| Aug 25, 2016 | Read third time. Passed. (Ayes 78. Noes 0. Page 6275.) Ordered to the Senate. |
| Aug 26, 2016 | From committee: Be re-referred to Com. on GOV. & F. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5448.) Re-referred to Com. on GOV. & F. |
| Aug 26, 2016 | From committee: Be re-referred to Com. on GOV. & F. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0.) Re-referred to Com. on GOV. & F. |
| Aug 26, 2016 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d). |
| Aug 27, 2016 | Set for hearing August 29. |
| Aug 29, 2016 | From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0. Page 5500.) |
| Aug 29, 2016 | From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0.) |
| Aug 30, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5532.) Ordered to engrossing and enrolling. |
| Aug 30, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 8, 2016 | Enrolled and presented to the Governor at 5 p.m. |
| May 23, 2016 | May 23 hearing: Placed on APPR. suspense file. (Ayes 7. Noes 0.) |
| Feb 17, 2016 | From printer. May be acted upon on or after March 18. |
| Feb 25, 2016 | Referred to Com. on RLS. |
| Mar 28, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 31, 2016 | Re-referred to Com. on E.Q. |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3642.) (April 20). |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 20). |
| Apr 26, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| May 6, 2016 | Set for hearing May 16. |
| May 12, 2016 | May 16 hearing postponed by committee. |
| May 13, 2016 | Set for hearing May 23. |
| Feb 16, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 24, 2016 | Set for hearing May 27. |
| May 27, 2016 | From committee: Do pass as amended. (Ayes 5. Noes 0. Page 4002.) (May 27). |
| May 27, 2016 | From committee: Do pass as amended. (Ayes 5. Noes 0.) (May 27). |
| May 31, 2016 | Read second time and amended. Ordered to third reading. |
| Jun 1, 2016 | Read third time. Passed. (Ayes 33. Noes 2. Page 4103.) Ordered to the Assembly. |
| Jun 1, 2016 | Read third time. Passed. (Ayes 33. Noes 2.) Ordered to the Assembly. |
| Jun 2, 2016 | In Assembly. Read first time. Held at Desk. |
| Jun 9, 2016 | Referred to Com. on E.S. & T.M. |
| Jun 21, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S. & T.M. |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2016 | Unfinished Business SB1073 Monning Concurrence | Senate Floor |
Passed |
|
| Aug 29, 2016 | That the Assembly amendments be concurred in | Senate Standing Committee on Governance and Finance |
Passed |
|
| Aug 25, 2016 | SB 1073 Monning Senate Third Reading By STONE | Assembly Floor |
Passed |
|
| Aug 23, 2016 | Do pass. | Assembly Standing Committee on Revenue and Taxation |
Passed |
|
| Aug 19, 2016 | SB 1073 Monning Senate Third Reading By BUDGET Amendment Set #1 | Assembly Floor |
Passed |
|
| Aug 11, 2016 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
|
| Jun 1, 2016 | Senate 3rd Reading SB1073 Monning | Senate Floor |
Passed |
|
| May 27, 2016 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 23, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 20, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AAA Lead Consultants | ** Support | Aug 25, 2016 |
| AAA LEAD Consultants and Inspections, Inc. | ** Support | Jun 1, 2016 |
| Alameda County Board of Supervisors | ** Support | Aug 25, 2016 |
| American Congress of Obstetricians and Gynecologists District IX | ** Support | Aug 25, 2016 |
| Arc and United Cerebral Policy California Collaboration | ** Support | Aug 25, 2016 |
| Barr & Clark | ** Support | Aug 25, 2016 |
| Barr & Clark, Independent Environmental Testing | ** Support | Jun 1, 2016 |
| California Association Of Code Enforcement Officers | ** Support | Aug 25, 2016 |
| California Pan-Ethnic Health Network | ** Support | Aug 25, 2016 |
| California Rural Legal Assistance Foundation, Inc. | ** Support | Aug 25, 2016 |
| Coalition for Economic Survival | ** Support | Aug 25, 2016 |
| Environmental Working Group | ** Support | May 23, 2016 |
| Esperanza Community Housing Corporation | ** Support | May 23, 2016 |
| Healthy Homes Collaborative | ** Support | Aug 25, 2016 |
| Home+Safe Environmental | ** Support | Jun 1, 2016 |
| HomeSafe Environmental, Inc. | ** Support | Aug 25, 2016 |
| Impact Assessment, Inc. | ** Support | May 23, 2016 |
| Inner City Law Center | ** Support | Aug 25, 2016 |
| Inquilinos Unidos | ** Support | Aug 25, 2016 |
| Physicians for Social Responsibility | ** Support | Aug 25, 2016 |
| Public Health Institute | ** Support | Aug 25, 2016 |
| Society for Allergy-Friendly Environment | ** Support | Aug 25, 2016 |
| Society for Allergy-Friendly Environmental Gardening | ** Support | Jun 1, 2016 |
| Strategic Actions for a Just Economy | ** Support | May 23, 2016 |
| United Tenants | ** Support | Aug 25, 2016 |
| Western Center On Law And Poverty Inc. | * Support | Aug 29, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1073
:
PRIOR VOTES NOT RELEVANT
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 8/29/16 (Pursuant to Senate Rule 29.10)
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
ASSEMBLY FLOOR: 78-0, 8/25/16 - See last page for vote
DIGEST: This bill clarifies that, for eligible individuals with three or more qualifying children, the state's Earned Income Tax Credit (EITC) credit percentage shall be 45%.
Assembly Amendments remove provisions requiring the Department of Public Health to update regulations governing lead-related construction work to conform to the United States Environmental Protection Agency's Lead Renovation, Repair, and Painting Rule. The amendments clarify that, for eligible individuals with three or more qualifying children, the state's EITC credit percentage shall be 45%.
Existing law:
- Allows eligible individuals a refundable federal and state EITC, which allows the taxpayer to obtain a refund for the excess of the credit over the taxpayer’s liability.
- Specifies that in the case of an eligible individual with three or more qualifying children, the credit percentage is 45% under federal law.
- Specifies that in the case of an eligible individual with three or more qualifying children, the credit percentage is 40% under state law.
- Conforms to former Internal Revenue Code (IRC) Section 32(b)(3)(A), since deleted, which provided a temporarily enhanced credit percentage of 45% for three or more qualifying children.
This bill:
- Provides that for eligible individuals with three or more qualifying children, the state's EITC percentage shall be 45%.
- Deletes an obsolete cross reference.
- Applies to taxable years beginning on or after January 1, 2016.
Background
For taxable years beginning on or after January 1, 2015, California law allows an EITC in an amount determined under IRC Section 32, except as modified. Specifically, the state EITC sets the following credit percentages to determine the credit amount:
- For an individual with no qualifying children 7.65%.
- For an individual with one qualifying child 34%.
- For an individual with two or more qualifying children 40%.
Additionally, the state EITC conforms to former IRC Section 32(b)(3)(A), which provided an enhanced credit percentage of 45% for individuals with three or more qualifying children, originally set to sunset at the end of the 2017 taxable year. However, in late 2015, Congress made the once temporary 45% credit percentage enhancement permanent by deleting IRC Section 32(b)(3) and adding the 45% credit percentage to the federal table for eligible individuals with 3 or more qualifying children. The Franchise Tax Board stated that, because IRC Section 32(b)(3) no longer exists, the credit percentages are governed by the state's standalone table, which provides a 40% credit for eligible individuals with three or more children. Thus parents with three or more children would be eligible for a smaller credit for the 2016 taxable than in the 2015 taxable year. To ensure these taxpayers receive the enhanced credit amount, this bill explicitly provides that the credit percentage is 45%.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Unknown.
None received
OPPOSITION: (Verified 8/29/16)
None received
ARGUMENTS IN SUPPORT: According to the author, “SB 1073 will allow the current California statute regarding the Earned Income Tax Credit to conform to federal law, providing a 45% tax credit for individuals and families with three or more qualifying children. Prior federal law provided the enhanced 45% tax credit rate for three or more qualifying children in a separate paragraph of the Internal Revenue Code (IRC) that was specifically meant for temporary ‘extensions’ of that enhanced rate. Beginning with the 2016 tax year, the enhanced federal 45% tax credit rate was unexpectedly made permanent, and added to permanent tax credit rates by repealing provisions that contained the ‘temporary extensions’ of the enhanced 45% tax credit rate. For California purposes, the 45% tax credit rate applies for the 2015 taxable year, but expires for taxable years beginning on or after January 1, 2016. Because of the unexpected way that Congress restructured the code section, California statute does not conform to the revised federal section. SB 1073 will make the necessary conforming changes in state statute to reflect the revisions made in federal law allowing qualified Californians to benefit from the increased Earned Income Tax Credit funds available to them.”
ASSEMBLY FLOOR: 78-0, 8/25/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Beth Gaines
8/29/16 18:49:50
**** END ****
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: | SB 1073 | Hearing Date: | 8/29/16 |
Author: | Monning | Tax Levy: | No |
Version: | 8/19/16 | Fiscal: | Yes |
Consultant: | Bouaziz | ||
Personal income taxes: earned income credit: credit percentage: phaseout percentage
Clarifies that, for eligible individuals with three or more qualifying children, the state's Earned Income Tax Credit (EITC) credit percentage shall be 45%.
Background
California law does not automatically conform to changes to federal tax law, except for specific retirement provisions. Instead, the Legislature must affirmatively conform to federal changes. Conformity legislation is introduced either as individual tax bills to conform to specific federal changes, like the Mortgage Debt Forgiveness Relief Act (AB 1393, Perea, 2014), or as one omnibus bill that provides that state law conforms to federal law as of a specified date, currently January 1, 2015 (AB 154, Ting, 2015).
Federal law allows eligible individuals a refundable EITC, which allows the taxpayer to obtain a refund for the excess of the credit over the taxpayer’s liability. As the name implies, the credit is based on a percentage of the taxpayer's earned income, and phases out as income increases. The percentage varies depending on whether the taxpayer has qualifying children. Federal law specifies that in the case of an eligible individual with three or more qualifying children, the credit percentage is 45%.
On June 23, 2015, Governor Brown signed SB 80 (Committee on Budget and Fiscal Review), which established a state EITC. The state EITC is a refundable credit, available to individuals earning less than $6,580, and households with children earning less than $13,870. The state EITC was made available to taxpayers beginning January 1, 2015. State law states that the credit percentage for eligible individuals with two or more qualifying children is 40%. However, the state credit also conforms to former Internal Revenue Code (IRC) Section 32(b)(3)(A), which provided an enhanced credit percentage of 45% for 3 or more qualifying children. On December 18, 2015, President Obama signed the Protecting Americans From Tax Hikes Act of 2015, which deleted IRC Section 32(b)(3)(A) and added the 45% credit percentage to the federal table for eligible individuals with 3 or more qualifying children. As a result of the change to federal law, the state EITC contains an incorrect cross reference to federal law and may not provide an enhanced 45% credit percentage to eligible individuals with three or more qualifying children.
This bill seeks to clarify that a taxpayer with three or more qualifying children shall receive a 45% credit percentage as provided in federal law.
Proposed Law
Senate Bill 1073 provides that for eligible individuals with three or more qualifying children, the state's Earned Income Tax Credit percentage shall be 45%.
SB 1073 also deletes an obsolete cross reference and applies to taxable years beginning on or after January 1, 2016,
State Revenue Impact
Pending.
Comments
1. Purpose of the bill. According to the author, “SB 1073 will allow the current California statute regarding the Earned Income Tax Credit to conform to federal law, providing a 45% tax credit for individuals and families with three or more qualifying children. Prior federal law provided the enhanced 45% tax credit rate for three or more qualifying children in a separate paragraph of the Internal Revenue Code (IRC) that was specifically meant for temporary "extensions" of that enhanced rate. Beginning with the 2016 tax year, the enhanced federal 45% tax credit rate was unexpectedly made permanent, and added to permanent tax credit rates by repealing provisions that contained the "temporary extensions" of the enhanced 45% tax credit rate. For California purposes, the 45% tax credit rate applies for the 2015 taxable year, but expires for taxable years beginning on or after January 1, 2016. Because of the unexpected way that Congress restructured the code section, California statute does not conform to the revised federal section. SB 1073 will make the necessary conforming changes in state statute to reflect the revisions made in federal law allowing qualified Californians to benefit from the increased Earned Income Tax Credit funds available to them.”
2. Issue at hand. For taxable years beginning on or after January 1, 2015, California law allows an EITC in an amount determined under IRC Section 32, except as modified. Specifically, the state EITC sets the following credit percentages to determine the credit amount:
- For an individual with no qualifying children 7.65%.
- For an individual with one qualifying child 34%.
- For an individual with two or more qualifying children 40%.
Additionally, the state EITC conforms to former IRC Section 32(b)(3)(A), which provided an enhanced credit percentage of 45% for individuals with three or more qualifying children, originally set to sunset at the end of the 2017 taxable year. However, in late 2015, Congress made the once temporary 45% credit percentage enhancement permanent by deleting IRC Section 32(b)(3) and adding the 45% credit percentage to the federal table for eligible individuals with 3 or more qualifying children. The Franchise Tax Board stated that, because IRC Section 32(b)(3) no longer exists, the credit percentages are governed by the state's standalone table, which provides a 40% credit for eligible individuals with three or more children. Thus parents with three or more children would be eligible for a smaller credit for the 2016 taxable than in the 2015 taxable year. To ensure these taxpayers receive the enhanced credit amount, this bill explicitly provides that the credit percentage is 45%.
Assembly Actions
Assembly Revenue and Taxation 9-0
Assembly Floor 78-0
Support and Opposition
(8/24/16)
Support: None received.
Opposition: None received.
-- END --
SENATE THIRD READING
STR Bill Id:
Author:()
As Amended Ver:
2/3 vote
SENATE VOTE: (Vote not relevant)
Committee | Votes | Ayes | Noes |
Revenue & Taxation | 9-0 | Ridley-Thomas, Brough, Dababneh, Gipson, Mullin, O'Donnell, Patterson, Quirk, Wagner |
SUMMARY: Clarifies that, for eligible individuals with 3 or more qualifying children, the state's Earned Income Tax Credit (EITC) credit percentage shall be 45%. Specifically, this bill:
- Amends California's EITC law by "updating" California's standalone credit table. Specifically, this bill explicitly provides that, for eligible individuals with 3 or more qualifying children, the credit percentage shall be 45%.
- Deletes cross-references to now obsolete provisions of the Internal Revenue Code (IRC) providing a "temporary" enhanced credit percentage of 45%.
- Provides that these changes shall apply to taxable years beginning on or after January 1, 2016.
EXISTING FEDERAL LAW:
- Allows a refundable EITC for certain low-income individuals who have earned income from specified sources and who meet certain other requirements.
- Provides that in the case of an eligible individual with 3 or more qualifying children, the credit percentage is 45%.
EXISTING STATE LAW:
- Allows various tax credits under the Personal Income Tax Law. These credits are generally designed to encourage socially beneficial behavior or to provide relief to taxpayers who incur specified expenses.
- Allows, in modified conformity with federal law, an EITC for taxable years beginning on or after January 1, 2015. The credit is allowed to eligible individuals in an amount determined in accordance with federal law multiplied by the EITC adjustment factor, as specified. Specifically, the credit amount is calculated as a percentage of the eligible individual's earned income and is phased out above a specified amount as income increases. The credit percentage and the phase out percentage is based on the number of qualifying children of the eligible individual.
- Provides that, in lieu of the table prescribed in IRC Section 32(b)(1), relating to percentages, the "permanent" credit percentage for eligible individuals with 2 or more qualifying children is 40%. However, the state credit also conforms to former IRC Section 32(b)(3)(A), since deleted, which provided a temporarily enhanced credit percentage of 45% for 3 or more qualifying children.
FISCAL EFFECT: Unknown
COMMENTS:
- The author has provided the following information in support of this bill:
SB 1073 will allow the current California statute regarding the Earned Income Tax Credit to conform to federal law, providing a 45% tax credit for individuals and families with three or more qualifying children [. . . .]
Prior federal law provided the enhanced 45% tax credit rate for three or more qualifying children in a separate paragraph of the Internal Revenue Code (IRC) that was specifically meant for temporary "extensions" of that enhanced rate.
Beginning with the 2016 tax year, the enhanced federal 45% tax credit rate was unexpectedly made permanent, and added to permanent tax credit rates by repealing provisions that contained the "temporary extensions" of the enhanced 45% tax credit rate.
For California purposes, the 45% tax credit rate applies for the 2015 taxable year, but expires for taxable years beginning on or after January 1, 2016. Because of the unexpected way that Congress restructured the code section, California statute does not conform to the revised federal section.
SB 1073 will make the necessary conforming changes in state statute to reflect the revisions made in federal law allowing qualified Californians to benefit from the increased Earned Income Tax Credit funds available to them.
- Committee Staff Comments
- The California EITC: For taxable years beginning on or after January 1, 2015, California law allows an EITC in an amount determined under IRC Section 32, except as modified. Specifically, the credit amount is calculated as a percentage of the eligible individual's earned income and is phased out above a specified amount as income increases. The credit percentage is based on the number of qualifying children of the eligible individual.
- Determining the credit percentage: State law provides that, in lieu of the federal table set forth in IRC Section 32(b)(1), which sets forth the various federal credit percentages, the state credit percentages shall be determined under a standalone state table. This state table, in turn, provides a state credit percentage of 40% for eligible individuals with 2 or more qualifying children.
When the state EITC law was enacted in 2015, however, the state law also conformed to a then-existing provision of the IRC (i.e., Section 32(b)(3)(A)) that provided a temporarily enhanced credit percentage of 45% for eligible individuals with 3 or more qualifying children. In late 2015, however, Congress made the once temporary 45% credit percentage permanent by deleting IRC Section 32(b)(3) and adding the 45% percentage to the federal table for eligible individuals with 3 or more qualifying children. This federal law change, in turn, has given rise to questions regarding what credit percentage applies under California's EITC for individuals with 3 or more qualifying children. The Franchise Tax Board appears to have taken the position that, because IRC Section 32(b)(3) no longer exists, the credit percentages are governed by the state's standalone table, which provides a 40% credit.
- What does this bill do? To avoid any confusion, and to promote continued conformity with federal law, this bill amends California's EITC law by "updating" California's standalone credit table. Specifically, this bill explicitly provides that, for eligible individuals with 3 or more qualifying children, the credit percentage shall be 45%. This bill also deletes the references to the now obsolete provisions of the IRC providing a "temporary" enhanced credit percentage. Finally, this bill provides that its changes shall apply to taxable years beginning on or after January 1, 2016.
Analysis Prepared by: M. David Ruff / REV. & TAX. / (916) 319-2098 FN: 0004879
Date of Hearing: August 23, 2016
ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
Sebastian Ridley-Thomas, Chair
SBPCA Bill Id:SB 1073
Author:(Monning) – As Amended Ver:August 19, 2016
2/3rd vote
SENATE VOTE: Not relevant
SUBJECT: Personal income taxes: earned income credit: credit percentage: phaseout percentage
SUMMARY: Clarifies that, for eligible individuals with 3 or more qualifying children, the state's Earned Income Tax Credit (EITC) credit percentage shall be 45%. Specifically, this bill:
- Amends California's EITC law by "updating" California's standalone credit table. Specifically, this bill explicitly provides that, for eligible individuals with 3 or more qualifying children, the credit percentage shall be 45%.
- Deletes cross-references to now obsolete provisions of the Internal Revenue Code (IRC) providing a "temporary" enhanced credit percentage of 45%.
- Provides that these changes shall apply to taxable years beginning on or after January 1, 2016.
EXISTING FEDERAL LAW:
- Allows a refundable EITC for certain low-income individuals who have earned income from specified sources and who meet certain other requirements.
- Provides that in the case of an eligible individual with 3 or more qualifying children, the credit percentage is 45%.
EXISTING STATE LAW:
- Allows various tax credits under the Personal Income Tax Law. These credits are generally designed to encourage socially beneficial behavior or to provide relief to taxpayers who incur specified expenses.
- Allows, in modified conformity with federal law, an EITC for taxable years beginning on or after January 1, 2015. The credit is allowed to eligible individuals in an amount determined in accordance with federal law multiplied by the EITC adjustment factor, as specified. Specifically, the credit amount is calculated as a percentage of the eligible individual's earned income and is phased out above a specified amount as income increases. The credit percentage and the phase out percentage is based on the number of qualifying children of the eligible individual.
- Provides that, in lieu of the table prescribed in IRC Section 32(b)(1), relating to percentages, the "permanent" credit percentage for eligible individuals with 2 or more qualifying children is 40%. However, the state credit also conforms to former IRC Section 32(b)(3)(A), since deleted, which provided a temporarily enhanced credit percentage of 45% for 3 or more qualifying children.
FISCAL EFFECT: Unknown
COMMENTS:
- The author has provided the following information in support of this bill:
SB 1073 will allow the current California statute regarding the Earned Income Tax Credit to conform to federal law, providing a 45% tax credit for individuals and families with three or more qualifying children [. . . .]
Prior federal law provided the enhanced 45% tax credit rate for three or more qualifying children in a separate paragraph of the Internal Revenue Code (IRC) that was specifically meant for temporary "extensions" of that enhanced rate.
Beginning with the 2016 tax year, the enhanced federal 45% tax credit rate was unexpectedly made permanent, and added to permanent tax credit rates by repealing provisions that contained the "temporary extensions" of the enhanced 45% tax credit rate.
For California purposes, the 45% tax credit rate applies for the 2015 taxable year, but expires for taxable years beginning on or after January 1, 2016. Because of the unexpected way that Congress restructured the code section, California statute does not conform to the revised federal section.
SB 1073 will make the necessary conforming changes in state statute to reflect the revisions made in federal law allowing qualified Californians to benefit from the increased Earned Income Tax Credit funds available to them.
- Committee Staff Comments
- The California EITC: For taxable years beginning on or after January 1, 2015, California law allows an EITC in an amount determined under IRC Section 32, except as modified. Specifically, the credit amount is calculated as a percentage of the eligible individual's earned income and is phased out above a specified amount as income increases. The credit percentage is based on the number of qualifying children of the eligible individual.
- Determining the credit percentage: State law provides that, in lieu of the federal table set forth in IRC Section 32(b)(1), which sets forth the various federal credit percentages, the state credit percentages shall be determined under a standalone state table. This state table, in turn, provides a state credit percentage of 40% for eligible individuals with 2 or more qualifying children.
- The California EITC: For taxable years beginning on or after January 1, 2015, California law allows an EITC in an amount determined under IRC Section 32, except as modified. Specifically, the credit amount is calculated as a percentage of the eligible individual's earned income and is phased out above a specified amount as income increases. The credit percentage is based on the number of qualifying children of the eligible individual.
When the state EITC law was enacted in 2015, however, the state law also conformed to a then-existing provision of the IRC (i.e., Section 32(b)(3)(A)) that provided a temporarily enhanced credit percentage of 45% for eligible individuals with 3 or more qualifying children. In late 2015, however, Congress made the once temporary 45% credit percentage permanent by deleting IRC Section 32(b)(3) and adding the 45% percentage to the federal table for eligible individuals with 3 or more qualifying children.
This federal law change, in turn, has given rise to questions regarding what credit percentage applies under California's EITC for individuals with 3 or more qualifying children. The Franchise Tax Board appears to have taken the position that, because IRC Section 32(b)(3) no longer exists, the credit percentages are governed by the state's standalone table, which provides a 40% credit.
- What does this bill do? To avoid any confusion, and to promote continued conformity with federal law, this bill amends California's EITC law by "updating" California's standalone credit table. Specifically, this bill explicitly provides that, for eligible individuals with 3 or more qualifying children, the credit percentage shall be 45%. This bill also deletes the references to the now obsolete provisions of the IRC providing a "temporary" enhanced credit percentage. Finally, this bill provides that its changes shall apply to taxable years beginning on or after January 1, 2016.
Analysis Prepared by: M. David Ruff / REV. & TAX. / (916) 319-2098
SENATE THIRD READING
STR Bill Id:SB 1073
Author:(Monning)
As Amended Ver:August 15, 2016
2/3 vote
SENATE VOTE: 33-2
Committee | Votes | Ayes | Noes |
Environmental Safety | 7-0 | Alejo, Dahle, Arambula, Beth Gaines, Gray, Lopez, McCarty | |
Appropriations | 11-0 | Gonzalez, Bloom, Bonilla, Bonta, Eggman, Eduardo Garcia, Quirk, Santiago, Weber, Wood, McCarty |
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:
- 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).
- 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.
- 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.
- Appropriates $500,000 from the General Fund to CDPH to develop, initiate, and administer the provisions of this bill 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.
- Authorizes CDPH to implement and administer the provisions of this bill through all-county letters or similar instructions from CDPH until regulations are adopted.
- 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.
- 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.
- 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.
- 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 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 μg/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 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 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
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1073
Author:(Monning) – As Amended Ver:June 21, 2016
Policy Committee: | Environmental Safety and Toxic Materials | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: 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:
- 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.
- 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.
- 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:
- 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.
- 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.
- 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%.
It is anticipated that the fees will eventually cover the costs of the activities required by this bill.
COMMENTS:
- 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 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.
- 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 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
Date of Hearing: June 28, 2014
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
SBPCA Bill Id:SB 1073
Author:(Monning) – As Amended Ver:June 21, 2016
SENATE VOTE: 33-2
SUBJECT: Residential housing: lead-based paint
SUMMARY: Requires the Department of Public Health (CDPH) 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. Specifically, this bill:
- 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 US EPA's Lead Renovation, Repair, and Painting Rule (40 C.F.R. 745).
- Requires the amended regulations to include, but not be limited to, the following:
- A regulation requiring employers to maintain and provide access to written files for each separate job or phase of work, where the work process used is different or the work is performed at noncontiguous locations, noting specified information related to the location of the work and scope of the work; and,
- A regulation 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 jobsite beside the California Occupational Safety and Health poster.
- 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.
- Appropriates $500,000 from the Childhood Lead Poisoning Prevention Fund to CDPH to develop, initiate, and administer the provisions of this bill until adequate fees can be collected for the ongoing administration of the provisions of this bill. Requires the appropriation to be repaid to the Childhood Lead Poisoning Prevention 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.
- Authorizes CDPH to implement and administer the provisions of this bill through all-county letters or similar instructions from CDPH until regulations are adopted.
- 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.
- 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.
- Requires persons engaged in doing renovation, repair, or painting work in a residential or public building that will disturb lead-based paint for compensation to have a CDPH-issued certificate to conduct lead-related construction work, abatement, or lead hazard evaluation.
- Requires that no reimbursement is required 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.
EXISTING LAW:
UNDER FEDERAL LAW:
- Establishes the federal Lead-Based Paint Poisoning Prevention Act to create a prohibition against the future use of lead-based paint. (42 United States Code 4851)
- Establishes the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 (also known as Title X) to require anyone selling or leasing single- and multi-family housing units built before 1978 to disclose information about lead-based paint hazards to prospective buyers or tenants. (Public Law 102-550)
- Establishes the US EPA's Lead-Based Paint Renovation, Repair and Painting (RRP) Rule to require workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be US EPA-certified. (40 Code of Federal Regulations (CFR) 745).
- Prohibits the use of lead for residential use in the United States. (16 CFR 1303)
UNDER STATE LAW:
- Establishes the Residential Lead-Based Paint Hazard Reduction Program to require any person offering lead-related construction courses to meet DPH certificate requirements. (Health & Safety Code (H&S) § 105250, et seq.)
- Establishes the Childhood Lead Poisoning Prevention Act of 1991, which requires CDPH to adopt regulations establishing a standard of care at least as stringent as the most recent United States Centers for Disease Control screening guidelines, requiring all children to be evaluated for risk of lead poisoning by health care providers during each child's periodic health assessment. (H&S) § 124125, et seq.)
FISCAL EFFECT: According to the Senate Appropriations Committee, enactment of this bill could result in one-time costs of $231,000 to CDPH to develop regulations regarding the standardized training courses, certification procedures, and other requirements, and ongoing costs of up to $1.135 million annually, beginning Fiscal Year (FY) 2017-18, to implement and manage the program and required information technology systems. Some or all of these costs may be offset with application fee revenue.
Amendments to the bill included an appropriation of $500,000 from the Childhood Lead Poisoning Prevention Fund to CDPH to develop the program, and require that funds are repaid once fee revenue is sufficient to administer the program.
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 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 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. According to the Office of Environmental Health Hazard Assessment, lead has multiple toxic effects on the human body. Decreased intelligence in children and increased blood pressure in adults are among the more serious non-carcinogenic effects.
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 10 μg/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 1 and 5 years old have abnormally high levels of lead in their blood.
Lead is a state priority: The Governor's May Revise for the FY 2016/2017 Budget noted, "Public health experts increasingly recognize that lead poisoning can occur at lower levels of exposure than previously understood. Children under age six are at the greatest risk — even low levels of exposure can cause irreparable damage to a child’s central nervous system and result in other developmental and behavioral problems. Children of low‑income families are disproportionately exposed to lead poisoning."
The Governor’s FY 2016/2017 Budget includes $8.2 million for CDPH to extend services to children who have been exposed to lead, consistent with the guidance for treatment from the CDC for monitoring, education, and basic services to children.
Establishing lead levels: Only in the late 1970s did comprehensive epidemiological studies of children's blood lead levels begin, raising modern concerns about low asymptomatic blood lead levels.
When the federal Lead Poisoning Prevention Act was passed in 1971, a blood lead level of 60 μg/dl was considered safe. In 1991, the CDC lowered the blood lead level of concern to 10 μg/dl or more, where it remained until 2012, when the CDC established a new measure of blood lead levels – the “reference” level – that was set to include the highest 2.5 percent of tested children. That reference value, which is not health-based and will change over time, is currently 5 μg/dl.
Lead-based paint history: When lead-based paint was marketed before 1978, it was a legal product in great demand because it was washable and durable. It was repeatedly endorsed by the federal, state, and local governments, and specified for use on government buildings until the mid-1970s. For example, the 1950 California Department of Education vocational book on painting endorsed the use of white lead paint.
As uses of lead pigments in paints evolved, so did the primary pathways through which children were thought to be exposed to lead and the level of exposure thought to be safe. It was not until 1974 that household dust emerged as a possible pathway for lead exposure. The theory was that children were licking their hands or putting objects in their mouths that had become dirty with lead-contaminated dust.
In 1978, the federal government banned consumer uses of lead paint. Although the U.S. Consumer Product Safety Commission banned the use of lead-based paint in 1978, buildings built prior to the ban still likely have lead paint. Due to the significant health issues caused by lead exposure, California requires anyone who performs lead-based paint risk assessment or removal to be certified or accredited by CDPH.
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. The fees are deposited into the Lead-Related Construction Fund.
In 2003, the Legislature enacted SB 460 (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. It also prohibited an individual from disturbing more than a “de minimis” amount of lead-based paint without “containment” (a system, process or barrier used to contain lead hazards inside a work area).
SB 460 also required any person being paid for lead construction including inspection, risk assessment or 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 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.
Until that time, the U.S. Department of Housing Urban Development and US EPA recommended that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.
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 create confusion with California's requirements.
The intent of SB 1073 is to create a California-specific program that ensures compliance with the US EPA and eliminates any confusion over the requirements needed for certification in California. SB 1073 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.
Arguments in support: According to the California Association of Code Enforcement Officers:
"Code enforcement officers routinely respond to complaints about unpermitted work and lack of maintenance on homes, many of which contain lead-based paint.
The US EPA's RRP has elements that are not as protective as California law. As a result, trainees are often confused, as what they need to know to pass the federal exam is sometimes in conflict with what is allowed in California.
In addition to creating regulatory confusion, the US EPA's enforcement capacity is extremely limited. Because of the lack of enforcement, RRP has not been as effective as it could be, leaving children, workers and their families at risk with little recourse.
There are more than 280,000 licensed General Contractors in California, but fewer than 35,000 of those have become RRP certified.
SB 1073 would create a California-specific RRP program on Lead Safe Work Practices, and grant enforcement authority to local agencies already enforcing the state's lead laws."
REGISTERED SUPPORT / OPPOSITION:
Support
Healthy Homes Collaborative (Sponsor)
AAA Lead Consultants
Alameda County Board of Supervisors
American Congress of Obstetricians and Gynecologists District IX
Arc and United Cerebral Policy California Collaboration
Barr & Clark
California Association of Code Enforcement Officers
California Pan-Ethnic Health Network
California Rural Legal Assistance Foundation
Coalition for Economic Survival
HomeSafe Environmental, Inc.
Inner City Law Center
Inquilinos Unidos/United Tenants
Physicians for Social Responsibility
Public Health Institute
Society for Allergy-Friendly Environment
Western Center on Law and Poverty
Opposition
None on file.
Analysis Prepared by: Paige Brokaw / E.S. & T.M. / (916) 319-3965
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1073
:
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/20/16
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NO VOTE RECORDED: Bates, Nielsen
SOURCE: California Association of Code Enforcement Officers
Healthy Homes Collaborative
DIGEST: This bill requires the Department of Public Health to review and amend its regulations governing lead-related construction work to conform to the federal Environmental Protection Agency’s Lead Renovation, Repair, and Painting Rule, as specified.
ANALYSIS: Existing federal law requires, under United States regulation Title 40 Chapter I Subchapter R Part 745 Subpart E developed under sections 402 and 406 of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2682 and 2686) also known as the Lead-Based Paint Renovation, Repair and Painting (RRP Rule), that persons performing renovation, repair, and painting projects for compensation that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 be certified by the United States Environmental Protection Agency US EPA (or a US EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead safe work practices.
Existing state law requires the Department of Public Health (DPH) 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 and to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified.
This bill requires DPH to review and amend its regulations governing lead-related construction work to conform to US EPA’s RRP Rule, as specified.
Background
- Lead Exposure
Lead can affect almost every organ and system in your body. Children six years old and younger are most susceptible to the effects of lead. In children, the main target for lead toxicity is the nervous system. Even very low levels of lead in the blood of children can result in:
- Permanent damage to the brain and nervous system, leading to behavior and learning problems, lower IQ, and hearing problems.
- Slowed growth.
- Anemia.
Lead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also be circulated from the mother’s blood stream through the placenta to the fetus. Lead in a pregnant woman’s body can result in serious effects on the pregnancy and her developing fetus.
- RRP Rule
In 2008, EPA issued a rule for home improvement contractors and maintenance professionals who renovate or repair pre-1978 housing, child care facilities or schools. The rule requires that by April 2010 contractors and maintenance professionals be certified, that their employees be trained, and that they follow protective lead-safe work practice standards.
The covered facilities include residential buildings (owner-occupied and rental), and child-occupied facilities such as day care centers and kindergartens. The rule applies to renovation, repair or painting activities. It does not apply to minor maintenance or repair activities affecting less than six square feet of lead-based paint in a room or less than 20 square feet of lead-based paint on the exterior. Window replacement is covered regardless; it is not considered minor maintenance or repair.
Many contractors think the issue of lead paint poisoning went away years ago, or that they are doing all that needs to be done to avoid it. But lead paint was used in more than 38 million homes prior to its ban for residential use in 1978. This paint can form toxic dust when it is disturbed during normal home repair work.
The purpose of the RRP rule is to minimize exposure from lead-based paint dust during renovation, repair, or painting activities. The RRP Rule is expected to reduce the prevalence of childhood lead poisoning, particularly lead poisoning caused by housing contaminated by renovation activities. The Rule will also minimize exposure to older children and adults who are also adversely impacted by lead-based paint dust exposure.
The RRP Rule requires that all renovation, repair, and painting firms (including sole proprietorships) working in housing, or facilities where children are routinely present, built before 1978, to be certified. Individuals within these firms must also be certified (“Certified Renovator”) and they must be assigned to each job, and must provide lead-safe work practices training to all non-certified renovation workers on a job site. To become a Certified Renovator, a person must complete a renovator training course accredited by EPA or an EPA-authorized program on lead-safe work practices and other regulatory requirements. EPA certification is good for five years.
EPA requires that renovators follow certain work practice and clean up requirements during regulated jobs including: setting up the job site safely, minimizing dust on the job, and cleaning up carefully and completely.
Violations of the RRP Rule can have fines as high as $37,500.00 per violation.
Fourteen other states and one Tribe have adopted the RRP Rule – Alabama, Delaware, Georgia, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oklahoma, Oregon, Rhode Island, Utah, Washington and Wisconsin.
Comments
- Purpose of Bill. According to the author, “SB 1073 would eliminate the current regulatory confusion regarding certification for lead paint removal and provide funding for increased enforcement of all laws regarding lead paint ensuring increased protections for residents living in aged homes and greater worker safety protocols.”
- Intended Impact? It is unclear whether the RRP Rule has had its desired impact of reducing childhood lead exposure. Because the certification process is complicated and an additional cost and compliance with the RRP Rule is also onerous and costly, it is possible that many homeowners or facilities may opt to conduct renovations without hiring a trained professional, potentially increasing the risks associated with lead paint dust exposure through inexperience and doing it in the presence of the child(ren) the regulation is meant to protect.
US EPA recently published a Frequently Asked Question (FAQ) document on the RRP Rule. The FAQ is 91 pages of information. This level of complexity may actually contribute to less safe work/ home renovation practices rather than more.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Local: Yes
According to the Senate Appropriations Committee:
- One-time costs of $231,000 (special fund) to the Department of Public Health (DPH) to develop regulations regarding the standardized training courses, certification procedures, and other requirements.
- Ongoing costs of up to $1.135 million annually (special fund), beginning FY 2017-18, to implement and manage the program and required information technology systems. Some or all of these costs may be offset with application fee revenue.
- Appropriates $500,000 from the Childhood Lead Poisoning Prevention Fund to DPH to develop the program, and requires that funds are repaid once fee revenue is sufficient to administer the program.
California Association of Code Enforcement Officers (co-source)
Healthy Homes Collaborative (co-source)
AAA LEAD Consultants and Inspections, Inc.
Barr & Clark, Independent Environmental Testing
California Pan-Ethnic Health Network
California Rural Legal Assistance Foundation
Coalition for Economic Survival
Home+Safe Environmental
Inner City Law Center
Physicians for Social Responsibility, Los Angeles
Public Health Institute
Society for Allergy-Friendly Environmental (SAFE) Gardening
The American Congress of Obstetricians and Gynecologists
The Arc California
United Cerebral Palsy
Western Center on Law & Poverty
OPPOSITION: (Verified 5/27/16)
None received
5/31/16 22:09:55
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1073 (Monning) - Residential housing: lead-based paint
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 1073 outlines certification and enforcement requirements for employees conducting lead-related work.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 27, 2016
Fiscal Impact:
- One-time costs of $231,000 (special fund) to the Department of Public Health (DPH) to develop regulations regarding the standardized training courses, certification procedures, and other requirements.
- Ongoing costs of up to $1.135 million annually (special fund), beginning FY 2017-18, to implement and manage the program and required information technology systems. Some or all of these costs may be offset with application fee revenue.
Author Amendments:
- Appropriates $500,000 from the Childhood Lead Poisoning Prevention Fund to DPH to develop the program, and requires that funds are repaid once fee revenue is sufficient to administer the program.
- Clarifies program goals and considerations.
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1073 (Monning) - Residential housing: lead-based paint
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill outlines certification and enforcement requirements for employees conducting lead-related work.
Fiscal Impact:
- One-time costs of $231,000 (special fund) to the Department of Public Health (DPH) to develop regulations regarding the standardized training courses, certification procedures, and other requirements.
- Ongoing costs of $1.135 million annually (special fund), beginning FY 2017-18, for staffing costs necessary to implement and manage program and IT systems support to update maintain a database and web interface to manage the applications and fees related to the program, along with associated maintenance of the system.
Background:
Requires DPH to implement and administer a residential lead-based paint hazard reduction program, 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 and to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified.
Proposed Law:
This bill:
- Requires DPH to develop regulations regarding accreditation of training providers that certify employees who engage in or supervise lead-related construction work, and the certification requirements for such employees.
- Requires DPH to review its schedule of fees collected at least once in any eight-year period and, if necessary, adopt regulations establishing new fee amounts that account for changes in the cost of living, not to exceed DPH’s reasonable costs to administer the program.
- Requires DPH, in consultation with the Contractors’ State License Board (CSLB), to review and amend its regulations governing lead-related construction work, including training, certification, and accreditation.
- Requires DPH, in consultation with CSLB, to review, and where appropriate, conform to, the federal Environmental Protection Agency’s Lead Renovation, Repair, and Painting Program Rule (40 C.F.R. 745) or impose more stringent requirements and standards that are consistent with Section 2617 of Title 15 of the United States Code.
- Requires DPH to request authorization from the federal Environmental Protection Agency to administer and enforce all of the provisions of Subpart E and Subpart L of Part 745 of Title 40 of the Code of Federal Regulations.
- Requires DPH, in coordination with the CSLB, to develop and implement an education and outreach effort to provide the regulated community clear information on the regulations.
- Requires DPH, upon receipt of authorization, if any, to adopt regulations establishing procedures pursuant to which a local law enforcement agency may elect to assume and carry out responsibility for those enforcement activities in its jurisdiction.
- Requires any local enforcement agency that elects to assume enforcement responsibility certification of lead related work, on or before February 28 of each year, to submit to DPH a report of its enforcement activities during the immediately preceding calendar year.
- Specifies how monies collected must be used.
- Authorizes a no-interest loan of $500,000 from the Occupational Lead Poisoning Prevention Account for the administration of the program, upon a determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund.
- Requires DPH, on or before February 28 of each year, to report specified information to the federal Environmental Protection Agency.
- Outlines penalties for violations of this provision.
- Makes conforming changes.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 1073
Author: | Monning | ||
Version: | 3/28/2016 | Hearing Date: | 4/20/2016 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Rachel Machi Wagoner | ||
SUBJECT: Residential housing: lead-based paint
ANALYSIS:
Existing federal law:
Under United States regulation Title 40 Chapter I Subchapter R Part 745 Subpart E developed under sections 402 and 406 of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2682 and 2686) also known as the Lead-Based Paint Renovation, Repair and Painting (RRP Rule) requires that persons performing renovation, repair, and painting projects for compensation that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 be certified by the United States Environmental Protection Agency US EPA (or a US EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead safe work practices.
Existing California law:
Requires the State Department of Public Health (DPH) 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 and to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified.
This bill:
- Requires DPH to update regulations governing lead-related construction work to conform to the federal Environmental Protection Agency’s Lead Renovation, Repair, and Painting Rule or to be more stringent.
- Requires DPH to request authorization from the agency to enforce provisions of that rule and, upon receiving that authorization, to adopt regulations establishing procedures pursuant to which a local law enforcement agency, as defined, may elect to assume and carry out responsibility for those enforcement activities in its jurisdiction.
- Requires a local enforcement agency that elects to carry out those enforcement activities to submit an annual report to DPH regarding those activities, as specified.
- Requires DPH to review and revise its fee schedule a minimum of once in any 8-year period and, if necessary, adopt regulations establishing new fee amounts that account for changes in the cost of living, not to exceed the DPH’s reasonable costs to administer those provisions.
- Requires DPH to submit a report, on or before February 28 of each year, to the US EPA that contains a registry of programs, individuals, and entities certified by the department as of December 31 of the preceding calendar year and information, if any, received by the department from local law enforcement agencies regarding their enforcement activities.
- Prohibits a certified lead inspector or assessor, certified lead project monitor, or certified lead sampling technician from performing lead-related construction on a structure on which that person conducted lead hazard evaluation and would require the department to revoke the certification of a person who violates that prohibition. The bill would also make related findings and declarations and a conforming change.
Background
- Lead Exposure.
Lead can affect almost every organ and system in your body. Children six years old and younger are most susceptible to the effects of lead. In children, the main target for lead toxicity is the nervous system. Even very low levels of lead in the blood of children can result in:
- Permanent damage to the brain and nervous system, leading to behavior and learning problems, lower IQ, and hearing problems.
- Slowed growth.
- Anemia.
Lead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also be circulated from the mother’s blood stream through the placenta to the fetus. Lead in a pregnant woman’s body can result in serious effects on the pregnancy and her developing fetus.
- RRP Rule.
In 2008 EPA issued a rule for home improvement contractors and maintenance professionals who renovate or repair pre-1978 housing, child care facilities or schools. The rule requires that by April 2010 contractors and maintenance professionals be certified, that their employees be trained, and that they follow protective lead-safe work practice standards.
The covered facilities include residential buildings (owner-occupied and rental), and child-occupied facilities such as day care centers and kindergartens. The rule applies to renovation, repair or painting activities. It does not apply to minor maintenance or repair activities affecting less than six square feet of lead-based paint in a room or less than 20 square feet of lead-based paint on the exterior. Window replacement is covered regardless; it is not considered minor maintenance or repair.
Many contractors think the issue of lead paint poisoning went away years ago, or that they are doing all that needs to be done to avoid it. But lead paint was used in more than 38 million homes prior to its ban for residential use in 1978. This paint can form toxic dust when it is disturbed during normal home repair work.
The purpose of the RRP rule is to minimize exposure from lead-based paint dust during renovation, repair, or painting activities. The RRP Rule is expected to reduce the prevalence of childhood lead poisoning, particularly lead poisoning caused by housing contaminated by renovation activities. The Rule will also minimize exposure to older children and adults who are also adversely impacted by lead-based paint dust exposure.
The RRP Rule requires that all renovation, repair, and painting firms (including sole proprietorships) working in housing, or facilities where children are routinely present, built before 1978, to be certified. Individuals within these firms must also be certified (“Certified Renovator”) and they must be assigned to each job, and must provide lead-safe work practices training to all non-certified renovation workers on a job site. To become a Certified Renovator, a person must complete a renovator training course accredited by EPA or an EPA-authorized program on lead-safe work practices and other regulatory requirements. EPA certification is good for five years.
EPA requires that renovators follow certain work practice and clean up requirements during regulated jobs including: setting up the job site safely, minimizing dust on the job, and cleaning up carefully and completely.
Violations of the RRP Rule can have fines as high as $37,500.00 per violation.
Fourteen other states and one Tribe have adopted the RRP Rule – Alabama, Delaware, Georgia, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oklahoma, Oregon, Rhode Island, Utah, Washington and Wisconsin.
Comments
- Purpose of Bill. According to the author, “SB 1073 would eliminate the current regulatory confusion regarding certification for lead paint removal and provide funding for increased enforcement of all laws regarding lead paint ensuring increased protections for residents living in aged homes and greater worker safety protocols.”
- Intended Impact? It is unclear whether the RRP Rule has had its desired impact of reducing childhood lead exposure. Because the certification process is complicated and an additional cost and compliance with the RRP Rule is also onerous and costly, it is possible that many homeowners or facilities may opt to conduct renovations without hiring a trained professional, potentially increasing the risks associated with lead paint dust exposure through inexperience and doing it in the presence of the child(ren) the regulation is meant to protect.
US EPA recently published a Frequently Asked Question (FAQ) document on the RRP Rule. The FAQ is 91 pages of information. This level of complexity may actually contribute to less safe work/ home renovation practices rather than more.
If DPH is to make conforming changes to California regulation to align with federal regulation, then DPH should conduct a public review process and evaluation should be done by DPH prior to adopting these regulations, in whole or in part, to determine how best to integrate the federal regulations for California consumers and workers. An amendment should be taken to require DPH to do this evaluation in a public process prior to adopting conforming regulations.
Additionally, regulatory fees collected for this program will go toward enforcement of the regulations. But given the complexity of the regulation and compliance, DPH should, in coordination with the State Contractors Licensing Board, develop an education and outreach program to help contractors and homeowners comply. Not just enforce against them.
An amendment should be taken to direct DPH and the State Contractors Licensing Board to work together to develop and implement an education and outreach program on lead safe work practices.
SOURCE:
Healthy Homes Collaborative
California Association of Code Enforcement Officers
SUPPORT:
Barr and Clark, Inc.
California Pan-Ethnic Health Network
Coalition for Economic Survival
Environmental Working Group
Esperanza Community Housing Corporation
Impact Assessment, Inc.
Inner City Law Center
Inquilinos Unidos/United Tenants
Koreatown Immigrant Workers’ Alliance
Physicians for Social Responsibility Los Angeles
Public Health Institute
Society for Allergy-Friendly Environmental (SAFE) Gardening
Strategic Actions for a Just Economy
St. John’s Well Child and Family Center
OPPOSITION:
None received
-- END --
