75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2134
 
LC 923/HB 2134-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2134
 
                 By COMMITTEE ON HUMAN SERVICES
 
                              May 1
 
  On page 1 of the printed bill, line 2, after '431.920 ' delete
the rest of the line and delete line 3 and insert ', 701.005,
701.505, 701.510 and 701.515; repealing ORS 701.500; and
appropriating money.'.
  Delete lines 5 through 30.
  On page 2, delete lines 1 through 33 and insert:
  '  { +  SECTION 1. + }  { + (1) Lead poisoning is a significant
health concern because lead is a potent neurotoxin that affects
every system of the human body. It is harmful to individuals of
all ages and is especially harmful to children, fetuses and women
of childbearing age. Lead poisoning is one of the most common and
preventable pediatric health problems in Oregon.
  ' (2) Common renovation activities such as sanding, cutting and
demolition can create hazardous lead dust and chips by disturbing
lead-based paint, which can be harmful to adults and children.
  ' (3) The federal government assists states in preventing lead
poisoning and reducing lead hazards through:
  ' (a)(A) The Lead-Based Paint Poisoning Prevention Act;
  ' (B) The Lead Contamination Control Act of 1988;
  ' (C) The Safe Drinking Water Act; and
  ' (D) The Resource Conservation and Recovery Act of 1976.
  ' (b) Implementing regulations of:
  ' (A) The Department of Housing and Urban Development;
  ' (B) The Environmental Protection Agency;
  ' (C) The Occupational Safety and Health Administration; and
  ' (D) The Centers for Disease Control and Prevention.
  ' (c) The Residential Lead-Based Paint Hazard Reduction Act of
1992, which:
  ' (A) Requires that sellers and landlords of residential
housing constructed before 1978 notify buyers and tenants of
known lead-based paint hazards; and
  ' (B) Allows states to receive authorization from the
Environmental Protection Agency to provide for the accreditation
of lead-based paint activities and renovation training programs,
the certification of persons completing training programs and the
certification of lead-based paint activities and renovation
contractors pursuant to standards developed by the agency. + }
  '  { +  SECTION 2. + }  { + As used in ORS 431.920 and section
4 of this 2009 Act:
  ' (1) 'Certified' and 'certification' means an action by the
Department of Human Services verifying the successful completion
of a training program accredited by the department and any other
requirements.
  ' (2) 'Firm' has the meaning given that term in 40 C.F.R.
745.83 and as further defined pursuant to the authorities
described in section 1 of this 2009 Act.
  ' (3) 'Lead-based paint' has the meaning given that term in
P.L. 102-550, section 1004, and as further defined pursuant to
the authorities described in section 1 of this 2009 Act.
 
  ' (4) 'Lead-based paint activities' has the meaning given that
term in 40 C.F.R. 745.223 and as further defined pursuant to the
authorities described in section 1 of this 2009 Act.
  ' (5) 'Renovation' has the meaning given that term in 40 C.F.R.
745.83 and as further defined pursuant to the authorities
described in section 1 of this 2009 Act. + }
  '  { +  SECTION 3. + } ORS 431.920 is amended to read:
  ' 431.920.  { + (1) + } The Department of Human Services shall:
  '  { - (1) Develop accreditation programs for training
providers; - }
  '  { - (2) Prescribe the requirements for and the manner of
testing the competency of license applicants for the protection
of the public and as required by federal law; - }
  '  { - (3) Prescribe those actions or circumstances that
constitute failure to achieve or maintain competency, or that
otherwise are contrary to the public interest, for which the
agency may refuse to issue or renew or may suspend or revoke a
certification; - }
  '  { - (4) Develop and conduct programs to screen blood lead
levels, to identify hazards and to educate the public, including
parents, residential dwelling owners and child care facility
operators, about the dangers of lead-based paint hazards and of
appropriate precautions that should be taken to reduce the
possibility of childhood lead poisoning; and - }
  '  { - (5) Impose fees to the extent necessary to pay the costs
of the following: - }
  '  { - (a) Certification of training curriculums, up to
$1,500; - }
  '  { - (b) Annual renewal of training providers and
curriculums, up to $500; - }
  '  { - (c) Certification of trainers, up to $500; - }
  '  { - (d) Annual renewal of trainer's certification, up to
$250; and - }
  '  { - (e) Certification test, up to $85. - }
  '  { +  (a) Certify individuals to perform lead-based paint
activities;
  ' (b) Certify firms to perform renovation;
  ' (c) Accredit training providers to train individuals and
firms to perform lead-based paint activities and renovation;
  ' (d) Develop and approve training programs for individuals and
firms performing lead-based paint activities and renovation;
  ' (e) Establish standards based on best practices for the
conduct of lead-based paint inspections, risk assessment and
abatement services, renovation activities that disturb lead-based
paint and the disposal of lead-based paint that are in addition
to, not inconsistent with and not in lieu of any other workplace
standards required by law;
  ' (f) Develop and conduct programs to screen blood lead levels,
identify hazards and educate the public, including but not
limited to parents, residential dwelling owners, pediatric
medical providers and child care facility operators, about the
dangers of lead-based paint and about appropriate precautions
that may reduce the probability of childhood lead poisoning;
  ' (g) Adopt rules necessary to implement the provisions of this
section and sections 4 and 5 of this 2009 Act; and
  ' (h) Establish fees sufficient to recover the costs of
implementing the provisions of this section and sections 4 and 5
of this 2009 Act, including but not limited to:
  ' (A) Fees for certification and recertification of individuals
and firms to perform lead-based paint activities and renovation;
and
  ' (B) Accreditation and reaccreditation of lead-based paint
training providers.
  ' (2) The Department of Human Services may:
  ' (a) Enter private or public property at any reasonable time
with consent of the owner or custodian of the property to
inspect, investigate, evaluate or conduct tests or take specimens
or samples for testing, as necessary to determine compliance with
section 4 of this 2009 Act;
  ' (b) Issue subpoenas to determine compliance with section 4 of
this 2009 Act;
  ' (c) Suspend, revoke or modify an individual's or firm's
certification to perform lead-based paint activities or
renovation if the individual or firm fails to comply with state
or federal statutes or regulations related to lead-based paint;
and
  ' (d) Suspend, revoke or modify a certified renovator's
certification if the renovator fails to comply with state or
federal statutes or regulations related to lead-based paint. + }
' .
  In line 40, after the period insert 'Moneys paid to the Public
Health Account under this section may be used only for the
purposes of lead poisoning prevention, including consumer and
industry outreach, public education, blood lead screening and
other activities.'.
  In line 43, after 'law' insert a period and delete the rest of
the line.
  On page 5, delete line 39 and insert:
  '  { +  SECTION 7. + } ORS 701.505 is amended to read:
  ' 701.505. For the purposes of ORS   { - 431.920 and - }
701.500 to 701.515:
  ' (1) 'Abatement' has the meaning given that term in
P.L. 102-550, section 1004, 40 C.F.R. 745.223 and as further
defined pursuant to the authorities described in   { - ORS
701.500 - }  { + section 1 of this 2009 Act + }.
  ' (2) 'Accredited training program' means a training program
that has been accredited by the Department of Human Services to
provide training for individuals engaged in lead-based paint
activities.
  '  { - (3) 'Certified' means an action by the Department of
Human Services verifying the successful completion of a training
program accredited by the department and any other
requirements. - }  { +
  ' (3) 'Certified lead-based paint renovation contractor ' means
a contractor that is licensed by the Construction Contractors
Board to conduct lead-based paint renovation under ORS
701.515. + }
  '  { - (4) 'Discipline' means a specific type or category of
lead-based paint activity. - }
  '  { - (5) 'Evaluation' has the meaning given that term in
P.L. 102-550, section 1004, and as further defined pursuant to
the authorities described in ORS 701.500. - }
  '  { - (6) - }   { + (4) + } 'Inspection' has the meaning given
that term in P.L. 102-550, section 1004, 40 C.F.R. 745.223 and as
further defined pursuant to the authorities described in
 { - ORS 701.500 - }  { + section 1 of this 2009 Act + }.
  '  { - (7) - }   { + (5) + } 'Lead-based paint' has the meaning
given that term in P.L. 102-550, section 1004, and as further
defined pursuant to the authorities described in   { - ORS
701.500 - }   { + section 1 of this 2009 Act + }.
  '  { - (8) - }   { + (6) + } 'Lead-based paint activities' has
the meaning given that term in 40 C.F.R. 745.223 and as further
defined pursuant to the authorities described in   { - ORS
701.500 - }   { + section 1 of this 2009 Act + }.
  '  { - (9) 'Lead-based paint hazard' means any condition that
causes exposure to lead from lead-contaminated dust,
lead-contaminated soil, lead-contaminated paint that is
deteriorated or present in accessible surfaces, friction surfaces
or impact surfaces that would result in adverse human health
effects as established by the appropriate federal agency. - }
  '  { - (10) 'Licensed' means a person who has been certified by
the Department of Human Services in one or more disciplines and
has completed the requirements of the Construction Contractors
Board. - }
  '  { - (11) 'Registered' means a person or business that has
met the requirements for registration under this chapter. - }
   { +  ' (7) 'Lead-based paint activities contractor' means a
contractor that is licensed by the Construction Contractors Board
to conduct lead-based paint activities under ORS 701.515.
  ' (8) 'Renovation' has the meaning given that term in 40 C.F.R.
745.83 and as further defined pursuant to the authorities
described in section 1 of this 2009 Act. + }
  '  { +  SECTION 8. + } ORS 701.510 is amended to read:
  ' 701.510. (1) A   { - person - }   { + contractor + } may not
perform lead-based paint activities in this state unless the
 { - person - }  { + contractor + } is   { - licensed in the
appropriate lead-based paint discipline under ORS 701.515 - }
 { +  a lead-based paint activities contractor + }.
   { +  ' (2) A contractor may not perform lead-based paint
renovation in this state unless the contractor is a certified
lead-based paint renovation contractor. + }
  '  { - (2) - }   { + (3) + } A   { - person required by
subsection (1) of this section to obtain a license - }
 { + lead-based paint activities contractor or certified
lead-based paint renovation contractor + } must comply with the
provisions of ORS 431.920 and 701.500 to 701.515   { - or - }
 { + and + } any rules adopted pursuant thereto.
  '  { - (3) A person registered to conduct a lead-based paint
activities business may not employ any individual to perform
lead-based paint activities unless the person is licensed in the
appropriate lead-based paint discipline under ORS 701.515. - }
  ' (4) A construction contractor who successfully completes an
accredited training program in lead-based paint activities
qualifies to have certification in that activity included in the
professional credentials of the contractor as described in ORS
701.120. The provisions of this subsection do not affect the
licensing requirements established in ORS 701.515.
  '  { +  SECTION 9. + } ORS 701.515 is amended to read:
  ' 701.515.   { - (1) In accordance with any applicable
provisions of ORS chapter 183, the Construction Contractors Board
by rule shall establish a system to license persons and
individuals in lead-based paint disciplines required to be
licensed under ORS 701.510. Such licensing shall include
disciplines and requirements described in 40 C.F.R. 745.225. Such
a system shall include but not be limited to provisions: - }
  '  { - (a) Prescribing the form and content of the times and
procedures for submitting applications for license issuance or
renewal. - }
  '  { - (b) Prescribing the fees for original issuance and
renewal of the license in amounts that do not exceed the cost of
administering the program. - }
  '  { - (c) Prescribing those actions or circumstances that
constitute failure to achieve or maintain licensing requirements,
or that otherwise are contrary to the public interest, for which
the agency may refuse to issue or renew or may suspend or revoke
a license. - }
  '  { - (2) - }   { + (1) + } In accordance with   { - any - }
applicable provisions of ORS chapter 183, the Construction
Contractors Board by rule shall establish a system to
 { - register businesses that employ persons or individuals in
lead-based paint disciplines required to be licensed under ORS
701.510 - }   { + license contractors as lead-based paint
activities contractors and certified lead-based paint renovation
contractors + }.   { - Such registration shall - }   { + The
licensing system must  + }include the requirements described in
40 C.F.R.  745.226.   { - Such a system shall - }   { + The
licensing system must + } include but  { + need + } not be
limited to provisions:
  ' (a) Prescribing the form and content of the times and
procedures for submitting applications for   { - registration - }
 { +  licensing + } or renewal.
  ' (b) Prescribing the fees for original   { - registration - }
 { +  licensing + } and renewal of the   { - registration - }
 { + license + } in amounts that do not exceed the cost of
administering the program.
  '  { +  (c) Requiring an applicant for a certified lead-based
paint renovation contractor license to show that an employee of
the applicant has completed an accredited training program. + }
  '  { - (c) - }   { + (d) + } Prescribing   { - those - }
 { + the + } actions or circumstances that constitute failure to
achieve or maintain licensing requirements, or that otherwise are
contrary to the public interest, for which the   { - agency - }
 { + board + } may refuse to issue or renew or may suspend or
revoke a  { + lead-based paint activities contractor or certified
lead-based paint renovation contractor + } license.
  '  { +  (2) The board may establish by rule the requirements
for specific types of licenses for lead-based paint activities
contractors. + }
  ' (3) The   { - Construction Contractors - }  board may impose
the following licensing fees:
  ' (a) Lead abatement contractor, up to $50 per year;
  ' (b) Lead inspection contractor, up to $50 per year;
  ' (c) Lead supervisor or lead contractor, up to $50 per year;
  ' (d) Lead inspector or assessor, up to $50 per year;
 { - and - }
  ' (e) Lead worker, up to $25 per year  { - . - }  { + ; + }
 { +  and
  ' (f) Certified lead-based paint renovation contractor, up to
$50 per year. + }
  '  { +  SECTION 10. + }  { + (1) A person who violates any
provision of, or any rule adopted under, ORS 701.500 to 701.515
shall pay to the Construction Contractors Board Lead-Based Paint
Activities Fund established under section 11 of this 2009 Act a
civil penalty of not more than $5,000 for each violation.
  ' (2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
  ' (3) A civil penalty imposed under this section is in addition
to and not in lieu of any other penalty or sanction provided by
law.
  ' (4) The board shall report all civil penalties or sanctions
imposed under this section to each of the following state
agencies:
  ' (a) The Department of Human Services;
  ' (b) The Occupational Safety and Health Division of the
Department of Consumer and Business Services; and
  ' (c) The Department of Environmental Quality. + }
  '  { +  SECTION 11. + }  { + The Construction Contractors Board
Lead-Based Paint Activities Fund is established in the State
Treasury, separate and distinct from the General Fund. Interest
earned by the Construction Contractors Board Lead-Based Paint
Activities Fund shall be credited to the fund. The fund consists
of moneys received by the Construction Contractors Board under
section 10 of this 2009 Act. Moneys in the fund are continuously
appropriated to the Construction Contractors Board for the
purposes of lead poisoning prevention, including consumer and
industry outreach, public education and other activities. + }
  '  { +  SECTION 12. + }  { + ORS 701.500 is repealed. + } ' .
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