HOUSE
BILL ANALYSIS
HB
2966
Brief
Description: Creating a program
to identify and address lead-based paint hazards.
Sponsors: Representatives McMorris, Cole, Conway, Smith,
Boldt, Clements, Dickerson, Veloria, Linville, Keiser, Constantine, Wolfe and
Cooper.
Hearing:
February 2, 1998
BACKGROUND:
In
1992 Congress passed the Residential Lead-Based Paint Hazard Reduction Act,
also known as Title X. Under Title X, the Environmental Protection Agency (EPA)
and other federal agencies developed a national program to prevent and reduce
lead-based paint exposures and hazards. The four key elements of the EPA
program are:
(1)
Training and certification requirements to ensure the proficiency of
contractors who conduct lead-based paint inspection, risk assessment and
abatement services in residences and day care centers;
(2)
Accreditation requirements to ensure that training programs provide quality instruction
in current and effective work practices;
(3)
Work practice standards to ensure that lead-based paint activities are
conducted safely, reliably and effectively; and
(4)
Procedures for the states and tribes to apply to the EPA for authorization to
administer these key elements. The EPA will establish lead abatement programs
based on federal requirements in those States and Tribes that have not applied
for EPA authorization by August 30, 1998.
SUMMARY
OF BILL:
Authorizes
the establishment of a lead-based paint certification program for worker
training and certification, and training program accreditation. Designates the
Department of Health as the official agency for cooperating with, and carrying
out the state=s lead-based activities program.
Authorizes
the Department of Health to issue rules which:
(1)
Establishes minimum accreditation requirements for lead-based paint activities
for training providers;
(2)
Establishes work practice standards for conducting lead-based paint activities;
(3)
Establishes certification requirements for individuals and firms engaged in
lead-based paint activities;
(4)
Requires the use of certified personnel in any lead-based paint hazard
reduction activity;
(5)
Facilitates reciprocity and communication with other states having a
certification program;
(6)
Provides for decertification, deaccreditation, and financial assurance for a
person certified or accredited by the department.
Requires
that the state=s program not exceed federal requirements, and that
the rules are not more restrictive than the federal regulations.
Establishes
a Lead-based Paint Account. Receipts collected under the program, except monies
received from penalties, fund the account.
Establishes
a Lead-based Paint Activities Advisory Board consisting of at least five
volunteer members. Ex officio members are the Director of the Department of
Labor and Industries, the Director of the Department of Community, Trade and
Economic Development, the Secretary of the Department of Transportation, and
the Director of the Department of Agriculture.
The
department assesses fees to cover the costs of administering and enforcing the
standards and rules that are applicable to the programs. Authorizes the
department to accept federal funds for the administration of the program, and
to assess fees to cover all program costs that federal grant money has not
covered.
Establishes
an enforcement response policy. Specific acts which violate the Act may result
in a person's conviction of a misdemeanor. The Department assesses
administrative penalties along with denial, suspension, or revocation of a
certificate for failure to comply with the requirements of the Act or the rules
adopted under the act.
Provides
that the act is invalid if the Omnibus Appropriations Act has not provided
specific funding by June 30, 1998.
RULES
AUTHORITY: The bill does contain
provisions addressing the rule making powers of an agency.
APPROPRIATION:
Yes.
FISCAL
NOTE: Requested on January 30,
1998.
EFFECTIVE
DATE: The bill contains an
emergency clause and takes effect immediately.