OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 388 Bill Analysis
135th General Assembly
Click here for H.B. 388’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Baker and White
Effective date:
Amanda Goodman, Attorney
SUMMARY
 Authorizes the Ohio Department of Health Director to enter into agreements with the
U.S. Environmental Protection Agency for the administration and enforcement of the
federal Renovation, Repair, and Painting (RRP) Rule, which establishes requirements
regarding lead-based paint hazards associated with RRP activities.
 Allows the Director to both of the following:
 Accept available assistance in support of those agreements; and
 Adopt rules to administer and enforce the federal RRP Rule.
 Exempts rules adopted from requirements governing the elimination of existing
regulatory restrictions.
DETAILED ANALYSIS
Renovation, Repair, and Painting Rule – lead abatement
The bill authorizes the Ohio Department of Health (ODH) Director to enter into
agreements with the U.S. Environmental Protection Agency (USEPA) for the administration and
enforcement of the federal Renovation, Repair, and Painting (RRP) Rule. Under the RRP Rule,
firms performing renovation, repair, and painting projects that disturb lead-based paint in
homes, child care facilities, and pre-schools built before 1978 must be certified by USEPA (or a
USEPA-authorized state), use certified renovators who are trained by USEPA-approved training
providers, and follow lead-safe work practices.1
1 R.C. 3742.11(B).
February 5, 2024
Office of Research and Drafting LSC Legislative Budget Office
This rule has been administered and enforced by the USEPA pursuant to the “Toxic
Substances Control Act of 1978.”2 However, the USEPA allows states to administer and enforce
the RRP Rule if both the USEPA and the state enter into an agreement to do so.
The bill also allows the Director to accept available assistance in support of the
agreements. The Director may adopt rules to administer and enforce the federal RRP Rule.
If the Director adopts rules, the rules must specify the following:
1. Provisions governing applications for certification to undertake RRP projects;
2. Provisions governing the approval and denial of certification and the renewal,
suspension, and revocation of certification;
3. Fees for any certification issued or renewed under the RRP Rule. However, the
certification fees charged over any ten-year period cannot exceed the fees charged for
certification under the federal program over that same 10-year period.
4. Requirements for training and certification, which must include levels of training and
periodic refresher training for certifications issued under the RRP Rule;
5. Procedures to be followed by a person certified under the RRP Rule to undertake
renovation, repair, and painting projects and to prevent public exposure to lead hazards and
ensure worker protection during RRP projects;
6. Provisions governing the imposition of civil penalties (up to $5,000 per violation) for
violations of procedures adopted under the RRP Rule;
7. Provisions for warnings, education, and remediation prior to and in lieu of any civil
penalty imposition;
8. Record-keeping and reporting requirements for a person certified under the RRP
Rule;
9. Procedures for the approval of training providers under the RRP Rule, including
specific training course requirements; and
10. Any other procedures and requirements that the Director determines necessary for
implementation of the RRP Rule.3
If the Director adopts RRP-related rules, the Director must conduct educational
outreach and provide access to educational resources to promote the RRP program and
support those involved in the program.4
2 15 Unites States Code 2601.
3 R.C. 3742.11(C).
4 R.C. 3742.11(D).
P a g e |2 H.B. 388
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
The bill exempts rules adopted by the Director governing the RRP program from the
continuing law "two-for-one rule." The two-for-one rule requires certain state agencies to
remove two or more existing regulatory restrictions for each new restriction adopted. It applies
until June 30, 2025, and continues to apply after that date if the state agency fails to reach
specific reductions in regulatory restrictions required under continuing law. A regulatory
restriction is any part of an administrative rule that requires or prohibits an action.5
HISTORY
Action Date
Introduced 01-29-24
ANHB0388IN-135/sb
5 R.C. 3742.11(E), by reference to R.C. 121.95 to 121.953.
P a g e |3 H.B. 388
As Introduced