75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 2134
 
LC 923/HB 2134-A7
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2134
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 17
 
  On page 2 of the printed A-engrossed bill, delete lines 22
through 45.
  On page 3, delete lines 1 through 30 and insert:
  '  { +  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 firms and individuals to perform lead-based
paint activities;
  ' (b) Certify firms to perform renovation;
  ' (c) Accredit training providers to provide lead-based paint
activities and renovation training;
  ' (d) Develop and approve training programs for 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 fees for:
  ' (A) Certification and recertification 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 a certification to perform
lead-based paint activities or renovation if the holder of the
certification 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. + }
  '  { +  SECTION 4. + }  { + (1) An individual may not perform
or offer to perform, for compensation, lead-based paint
activities unless the individual is certified as provided under
ORS 431.920 or is performing lead-based paint activities under
the supervision of a person certified under ORS 431.920.
  ' (2) A firm may not perform, or offer to perform, lead-based
paint activities or renovation unless the firm is certified as
provided under ORS 431.920 or is performing lead-based paint
activities or renovation under the supervision of a person
certified under ORS 431.920. + } ' .
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