SB 377: Lead-based paint.

Session Year: 2017-2018
House: Senate
Latest Version Date: 2017-08-21

Version:

Existing law requires certain persons engaged in lead construction work to have a certificate. Existing law requires the State Department of Public Health to implement and administer a residential lead-based paint hazard reduction program, as specified, including adopting regulations regarding accreditation of providers of health and safety training to employees who engage in or supervise lead-related construction work, as defined, and certification of employees who have successfully completed that training. Existing law requires the department to adopt regulations to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified. Existing law requires those fees to be deposited into the Lead-Related Construction Fund, as specified, and to be available upon appropriation by the Legislature.

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

This bill would require the department, within one year of the Legislature providing sufficient funding, to review and amend its regulations governing lead-related construction work, including training and certification for workers and accreditation for trainers in lead-safe work practices, to comply with existing state regulations and the United States Environmental Protection Agencys Lead Renovation, Repair, and Painting Rule, as specified. The bill would require the adoption of those regulations to establish fee provisions for those certifications and accreditations. The bill would require the fees to be deposited into the Lead-Related Construction Fund. The bill also would make these provisions effective one year after the Legislature appropriates sufficient moneys for the implementation of the program, as provided, and would require the department to adopt emergency regulations to implement these provisions, as specified.

Existing law requires certain persons engaged in lead construction work to have a certificate. A violation of that provision is a crime.

This bill would further require a firm, as defined, and at least one person onsite and employed by a firm, doing renovation, repair, or painting work that will disturb lead-based paint or presumed lead-based paint, as defined, to have a certificate under these provisions. The bill would also make a violation of these provisions punishable by imprisonment in the county jail, by a fine of not more than $37,500, or by both that imprisonment and fine. By creating a new crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Discussed in Hearing