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H0756......................................................by STATE AFFAIRS LEAD-BASED PAINT - Adds to existing law to regulate lead hazards and lead-based paint activities to provide a short title; to provide a statement of legislative findings; to provide definitions; to provide that the Department of Health and Welfare shall develop and manage lead hazard activities; to provide for licensing of persons in lead-based paint disciplines; to provide prohibited acts; to provide enforcement, penalties, orders, injunctions and other remedies; to establish the Lead-based Activities Fund and to provide for its sources and uses; to provide for development and adoption of work practice standards, and inspection and risk management in target housing standards; to provide for inspections of sites; to provide for eligibility for federal funding; and to provide for a liaison with other states to promote reciprocity. 02/20 House intro - 1st rdg - to printing 02/23 Rpt prt - to Env Aff 02/27 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/03 Returned to Env Aff
H0756|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 756 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE REGULATION OF LEAD POISONING AND LEAD HAZARDS; AMENDING TITLE 3 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 77, TITLE 39, IDAHO CODE, 4 TO PROVIDE A SHORT TITLE, TO PROVIDE A STATEMENT OF LEGISLATIVE FINDINGS, 5 TO PROVIDE DEFINITIONS, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND WEL- 6 FARE SHALL DEVELOP AND MANAGE LEAD HAZARD ACTIVITIES AND TO PROVIDE 7 AUTHORITIES AND DUTIES, TO PROVIDE FOR LICENSING OF PERSONS IN LEAD-BASED 8 PAINT DISCIPLINES, TO PROVIDE PROHIBITED ACTS, TO PROVIDE ENFORCEMENT, 9 PENALTIES, ORDERS, INJUNCTIONS AND OTHER REMEDIES, TO ESTABLISH THE LEAD- 10 BASED ACTIVITIES FUND AND ITS SOURCES AND USES, TO PROVIDE FOR DEVELOPMENT 11 AND ADOPTION OF WORK PRACTICE STANDARDS AND INSPECTION AND RISK ASSESSMENT 12 IN TARGET HOUSING STANDARDS, TO PROVIDE FOR INSPECTIONS, TO PROVIDE FOR 13 ELIGIBILITY FOR FEDERAL FUNDING, TO PROVIDE FOR A LIAISON WITH OTHER 14 STATES TO PROMOTE RECIPROCITY; AND DECLARING AN EMERGENCY. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended 17 by the addition thereto of a NEW CHAPTER , to be known and desig- 18 nated as Chapter 77, Title 39, Idaho Code, and to read as follows: 19 CHAPTER 77 20 LEAD HAZARDS AND LEAD-BASED PAINT ACTIVITIES 21 39-7701. SHORT TITLE. This act shall be known as the "Lead-Based Paint 22 Activities Act." 23 39-7702. LEGISLATIVE FINDINGS. (1) The legislature of the state of Idaho 24 finds and declares that lead is a toxic substance and is harmful to the citi- 25 zens of the state. Lead poisoning is a devastating health hazard to all per- 26 sons, especially children. Lead poisoning is one of the most common and pre- 27 ventable pediatric health problems today. Children exposed to even low levels 28 of lead exhibit learning disabilities, decreased growth, hyperactivity, 29 impaired hearing and neurological damage. The effects of lead on a person's 30 cognitive, behavioral, and developmental abilities are cumulative and 31 irreversible, and may require large expenditures of public funds for health 32 care and special education. 33 Lead poisoning often occurs due to exposure to lead through lead-based 34 paint chips, lead dust, lead contaminated soil and other sources. Lead poison- 35 ing presents a serious threat to the health of the citizens of this state. The 36 most common source of lead exposure is lead-based paint used in homes built 37 before 1978, when residential use of lead-based paint was not prohibited. The 38 majority of homes in Idaho were built before 1978. Injuries and health care 39 expenses could be reduced if exposure to lead-based paint is decreased through 40 effective lead abatement programs. 41 (2) (a) The federal government regulates lead poisoning and lead hazard 2 1 reduction through: 2 (i) The lead-based paint poisoning prevention act; 3 (ii) The lead contamination control act of 1988; 4 (iii) The safe drinking water act; 5 (iv) The resource conservation and recovery act of 1976; and 6 (v) The residential lead-based paint hazard reduction act of 1992; 7 and 8 (b) Through the implementing regulations of: 9 (i) The department of housing and urban development (HUD); 10 (ii) The environmental protection agency (EPA); 11 (iii) The occupational safety and health administration (OSHA); and 12 (iv) The centers for disease control and prevention (CDC). 13 (3) The federal residential lead-based paint hazard reduction act of 14 1992, title X of the housing and community development act, allows states to 15 provide for the accreditation of lead-based paint activities programs, the 16 certification of persons completing training programs, and the licensing of 17 lead-based paint activities under standards developed by the EPA. 18 (4) The legislature recognizes the state's need to protect the public 19 from exposure to lead hazards. A qualified and properly trained work force is 20 needed to assist in the prevention, detection, reduction and elimination of 21 lead-based paint hazards. The purpose of training workers, supervisors, 22 inspectors, risk assessors, and project designers engaged in lead-based paint 23 activities is to protect building occupants, particularly children, from 24 potential lead poisoning. Qualified and properly trained individuals and firms 25 will help to ensure lead-based paint activities are conducted in a way that 26 protects the health of the citizens of Idaho and the environment. 27 (5) For the welfare of the people of the state of Idaho, this act estab- 28 lishes a lead-based paint activities program to be administered by the Idaho 29 department of health and welfare. The program is intended to protect the pub- 30 lic from exposure to lead through health, education and lead screening pro- 31 grams and to ensure the availability of a trained and qualified work force to 32 identify and address lead-based paint hazards. 33 39-7703. DEFINITIONS. As used in this act: 34 (1) "Abatement" has the meaning given that term in public law 102-550, 35 section 1003, and 40 CFR 745.223 (1996) as now existing or hereafter amended. 36 (2) "Accredited training program" means a training program that has been 37 accredited by the department to provide training for individuals engaged in 38 lead-based paint activities. 39 (3) "Certified" means an action by the department verifying the success- 40 ful completion of a training program accredited by the department and any 41 other requirements. 42 (4) "Department" means the Idaho department of health and welfare, divi- 43 sion of health. 44 (5) "Director" means the director of the Idaho department of health and 45 welfare, or the agent or designee of the director. 46 (6) "Discipline" means a specific type or category of lead-based paint 47 activity. 48 (7) "EPA" means the federal environmental protection agency. 49 (8) "HUD" means the federal department of housing and urban development. 50 (9) "Inspection" has the meaning given that term in public law 102-550, 51 section 1003, and 40 CFR 745.223 and as further defined pursuant to the 52 authorities described in this act. 53 (10) "Lead-based paint" has the meaning given that term in public law 54 102-550, section 1003 and as further defined pursuant to the authorities 3 1 described in this act. 2 (11) "Lead-based paint activities" has the meaning given that term in 40 3 CFR 745.223 and as further defined pursuant to the authorities described in 4 this act. 5 (12) "Lead hazards" or "lead-based paint hazards" means any condition that 6 causes exposure to lead from lead-contaminated dust, lead-contaminated soil, 7 lead-contaminated paint that is deteriorated or present in accessible sur- 8 faces, friction surfaces, or impact surfaces that would result in adverse 9 human health effects as established by the appropriate federal agency. 10 (13) "Licensed" means a person who has been certified by the department in 11 one (1) or more disciplines and has completed the requirements of the depart- 12 ment. 13 (14) "Registered" means a person or business that has met the requirements 14 for registration under this chapter. 15 (15) "Risk assessment" has the meaning given that term in 40 CFR 745.223 16 and as further defined pursuant to the authorities described in this act. 17 (16) "Target housing" has the meaning given that term in public law 18 102-550, section 1003, and 40 CFR 745.223 and as further defined pursuant to 19 the authorities described in this act. 20 39-7704. RESPONSIBLE AGENCY -- AUTHORITIES -- DUTIES. (1) The department 21 of health and welfare, division of health, shall develop and manage activities 22 required in this act and applicable federal law for the accreditation, train- 23 ing, certification and licensing of lead-based paint workers and for activi- 24 ties addressing education, health and screening for lead exposure. 25 (2) The department is authorized to: 26 (a) Contract with any appropriate person or entity in order to satisfy 27 the purposes and requirements of this act. 28 (b) Promulgate rules necessary and proper to carry out the purposes and 29 requirements of this act. Any rules adopted by the department shall be 30 consistent with federal laws, regulations and requirements, as they exist 31 and as they may be amended, relating to lead-based activities specified by 32 the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. 33 sec. 4851 et seq.), title X of the housing and community development act 34 of 1992 (public law 102-550), and title IV of the toxic substances control 35 act (15 U.S.C. sec. 2601 et seq.) and 40 CFR 745. Rules shall address, at 36 a minimum: 37 (i) Certification of persons or entities who offer to detect or 38 reduce lead hazards; 39 (ii) The setting of training requirements for persons or entities 40 directly and substantially involved in lead-based paint activities, 41 including rules for refresher training and that training must be pro- 42 vided by accredited training providers; 43 (iii) Accreditation of training providers, including requirements 44 for accreditation of training providers, requirements for training 45 curricula, training hour requirements, hands-on training require- 46 ments, trainee competency and proficiency requirements, and require- 47 ments for training program quality control; 48 (iv) Standard for performing lead-based paint activities, taking 49 into account reliability, effectiveness and safety; 50 (v) Required compliance with department rules; 51 (vi) Enforcement of the state certification program and suitable 52 sanctions; 53 (vii) Maintaining eligibility for federal funding; 54 (viii) Establishment of a liaison with other states. 4 1 (c) Impose fees established by rule of the department for certification 2 of training programs, annual renewal of training providers and 3 curriculums, certification of trainers, annual renewal of trainer's certi- 4 fication, certification test, and fees for other activities necessary and 5 proper to carry out the intent and requirements of this act. 6 (d) Impose fines and other penalties for violations of this act, and to 7 take other appropriate actions against violators consistent with this act. 8 39-7705. LICENSING OF PERSONS IN LEAD-BASED PAINT DISCIPLINES. (1) In 9 accordance with applicable law, the department shall establish by rule a sys- 10 tem to license persons and entities in lead-based paint disciplines required 11 to be licensed under this act. Licensing shall include disciplines and 12 requirements described in 40 CFR 225. The licensing system shall include, but 13 not be limited to, the following provisions: 14 (a) Prescribing the form and content of the times and procedures for sub- 15 mitting applications for license issuance or renewal; 16 (b) Prescribing the fee for original issuance and renewal of the license 17 in an amount that does not exceed the cost of administering the program; 18 (c) Prescribing those actions or circumstances that constitute failure to 19 achieve or maintain licensing requirements, or that otherwise are contrary 20 to the public interest, for which the agency may refuse to issue or renew 21 or may suspend or revoke a license. 22 (2) In accordance with applicable law, the department shall by rule 23 establish a system to register businesses that employ persons or individuals 24 in disciplines required to be licensed under this act. Such registration 25 shall include the requirements described in 40 CFR 226. Such a system shall 26 include, but not be limited to, the following provisions: 27 (a) Prescribing the form and content of the times and procedures for sub- 28 mitting applications for registration or renewal; 29 (b) Prescribing the fee for original registration and renewal of the reg- 30 istration in an amount that does not exceed the cost of administering the 31 program; 32 (c) Prescribing those actions or circumstances that constitute failure to 33 achieve or maintain licensing requirements, or that otherwise are contrary 34 to the public interest, for which the agency may refuse to issue or renew 35 or may suspend or revoke a license. 36 39-7706. PROHIBITED ACTS. (1) No person shall perform lead-based paint 37 activities in this state unless the person is licensed in the appropriate 38 lead-based paint discipline under this act. 39 (2) No person required by this act to obtain a license shall fail to com- 40 ply with the provisions of this act or any rules adopted pursuant to this act. 41 (3) No person registered to conduct a lead-based paint activities busi- 42 ness may employ any individual to perform lead-based paint activities who is 43 not licensed in the appropriate lead-based paint discipline pursuant to this 44 act. 45 39-7707. ENFORCEMENT -- PENALTIES -- ORDERS -- INJUNCTIONS -- OTHER REME- 46 DIES. (1) Any person or entity that violates any of the provisions of this act 47 or any rule promulgated pursuant to this act may be punished by a fine not to 48 exceed two thousand dollars ($2,000) for the first violation. For the second 49 or subsequent violations, violators are subject to a fine of not more than 50 four thousand dollars ($4,000) per violation, imprisonment for a period not to 51 exceed six (6) months, or both. The director may assess an administrative pen- 52 alty of not more than four thousand dollars ($4,000) for each day a person is 5 1 not in compliance with this act. Fines and penalties shall be deposited into 2 the lead-based paint activities fund. 3 (2) The director may issue cease and desist orders, seek negotiated reso- 4 lutions, obtain temporary and permanent injunctions, and seek other appropri- 5 ate remedies provided by law in order to prevent, stop or remedy violations of 6 this act. 7 39-7708. LEAD-BASED ACTIVITIES FUND -- CREATED -- USES. There is estab- 8 lished in the state treasury the lead-based paint activities fund. All moneys 9 received under this act shall be deposited in this fund. The fund shall be 10 used to support the lead-based paint activities conducted under this act by 11 the department or the department's authorized agent or contractor. 12 39-7709. STANDARDS -- WORK PRACTICE -- INSPECTION AND RISK ASSESSMENT IN 13 TARGET HOUSING. The department is authorized to develop standards, and adopt 14 standards developed by the EPA, for work practice for lead-based paint activi- 15 ties, and for inspection and risk assessment in target housing. 16 39-7710. INSPECTIONS. The department is authorized to enter and inspect 17 premises and facilities if entry and/or inspection is necessary to carry out 18 the provisions of this act. 19 39-7711. FEDERAL FUNDING ELIGIBILITY. The department shall from time to 20 time revise its rules and procedures as is necessary to assure that state lead 21 hazard activities continue to be eligible for federal funding, by meeting 22 state certification program standards and other requirements that may from 23 time to time be promulgated by EPA, HUD, and other federal agencies that have 24 jurisdiction over lead hazards. 25 39-7712. RECIPROCITY. The department shall establish a liaison with other 26 states having their own state licensing or certification programs to assure 27 maximum consistency of program requirements, in order to promote reciprocity 28 of licensing or certification and accreditation among the states. 29 SECTION 2. An emergency existing therefor, which emergency is hereby 30 declared to exist, this act shall be in full force and effect on and after its 31 passage and approval.
STATEMENT OF PURPOSE
RS 08092C1
This act establishes a lead hazard education, accreditation and abatement program to be
administered by the Idaho Department of Health and Welfare. It is intended to protect the public from
lead poisoning through health, education and lead screening programs and by ensuring the availability of
a trained and qualified!work force to identity and address lead hazards.
Lead poisoning is a devastating health hazard it is one of the most common and preventable
pediatric health problems today. Children exposed to even low levels of lead exhibit learning disabilities,
decreased growth, hyperactivity, impaired hearing and neurological damage. The effects of lead on a
person's cognitive, behavioral, and developmental abilities are cumulative and irreversible, and may
require large expenditures of public funds for health care and special education.
Lead poisoning often occurs through exposure to lead-based paint chips lead dust, lead
contaminated soil and other sources. The most common source of lead exposure is through leadbased
paint used in homes built before 1978, when the residential use of lead-based paint was made illegal.
The majority of homes in Idaho were built before 1978.
In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act, in Title X
of the Housing and Community Development Act. This act establishes a comprehensive framework for
addressing lead issues. It depends on the states adopting training and certification programs for risk
assessment, inspection and abatement professionals and builds an infrastructure that states can use to
control the hazards that cause lead poisoning. The federal Toxic Substances Control Act (TSCA),
sections 402 and 404, declares that any state which seeks to administer and enforce the standards,
regulation or other EPA requirements that establish a training, certification and accreditation program for
lead-based paint activities may seek approval from EPA to administer such a program in the state. If
states do not operate their own accreditation programs based on EPA standards, the EPA will operate
the program. By authorizing state operation of such a program, this act will help maintain local control of
the accreditation process.
FISCAL NOTE
This act is intended to satisfy EPA requirements for state operation of federal lead hazard
standards and should make Idaho eligible to receive federal grants of up to $275,000 for operation of
the state lead hazard program. This act should have little or no impact on the General Fund or on local
government.
CONTACTS:
Representative Jack Barraclough
Idaho House of Representatives
(208) 332-1000
Michael McConnell
Idaho Legislative Services Office
(208) 334-2475
Bill No. H 756