1 SB143
2 206528-1
3 By Senator Singleton
4 RFD: Healthcare
5 First Read: 02-FEB-21
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1 206528-1:n:08/28/2020:PMG/cr LSA2020-1055
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8 SYNOPSIS: Under existing law, the State Board of
9 Health administers the Alabama Lead Reduction Act
10 of 1997 to identify and reduce the threat to human
11 health posed by exposure to lead.
12 This bill would further regulate lead hazard
13 reductions and revise the authority of the State
14 Board of Health to conduct lead inspections,
15 enforce the Alabama Lead Reduction Act of 1997, and
16 increase penalties for violations of the act.
17 Amendment 621 of the Constitution of Alabama
18 of 1901, now appearing as Section 111.05 of the
19 Official Recompilation of the Constitution of
20 Alabama of 1901, as amended, prohibits a general
21 law whose purpose or effect would be to require a
22 new or increased expenditure of local funds from
23 becoming effective with regard to a local
24 governmental entity without enactment by a 2/3 vote
25 unless: it comes within one of a number of
26 specified exceptions; it is approved by the
27 affected entity; or the Legislature appropriates
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1 funds, or provides a local source of revenue, to
2 the entity for the purpose.
3 The purpose or effect of this bill would be
4 to require a new or increased expenditure of local
5 funds within the meaning of the amendment. However,
6 the bill does not require approval of a local
7 governmental entity or enactment by a 2/3 vote to
8 become effective because it comes within one of the
9 specified exceptions contained in the amendment.
10
11 A BILL
12 TO BE ENTITLED
13 AN ACT
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15 Relating to lead abatement; to amend Sections
16 22-37A-2 to 22-37A-7, inclusive, Code of Alabama 1975, to
17 further regulate lead hazard reductions; to revise the
18 authority of the State Board of Health to conduct lead
19 inspections, enforce the Alabama Lead Reduction Act of 1997,
20 and increase penalties for violations of the act; to provide
21 for definitions; and in connection therewith would have as its
22 purpose or effect the requirement of a new or increased
23 expenditure of local funds within the meaning of Amendment 621
24 of the Constitution of Alabama of 1901, now appearing as
25 Section 111.05 of the Official Recompilation of the
26 Constitution of Alabama of 1901, as amended.
27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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1 Section 1. Sections 22-37A-2 to 22-37A-7, inclusive,
2 Code of Alabama 1975, are amended to read as follows:
3 "22-37A-2.
4 As used in this chapter, the following terms have
5 the following meanings:
6 "(1) ABATEMENT. Any set of measures designated to
7 eliminate lead-based paint hazards in accordance with
8 standards developed by the board, including both of the
9 following:
10 "a. Removal of lead-based paint or lead contaminated
11 dust, the permanent containment or encapsulation of lead-based
12 paint, the replacement of lead-painted surfaces or fixtures,
13 and the removal or covering of lead contaminated soil.
14 "b. All preparation, cleanup, disposal, and
15 post-abatement clearance testing activities associated with
16 measures described in paragraph a.
17 "(2) ACCREDITED INDIVIDUAL. An individual who
18 engages in lead hazard reduction activities, who has
19 successfully completed a Safe State accredited lead training
20 course appropriate for the type or category of lead hazard
21 reduction activity to be provided, who meets all other
22 personal accreditation requirements established by Safe State
23 under this chapter, and who holds a valid registration in the
24 state accreditation registry for the relevant type or category
25 of lead hazard reduction activity.
26 "(2)(3) ACCREDITED LEAD TRAINING COURSE. A course of
27 instruction which has been reviewed and accredited by Safe
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1 State as meeting or exceeding training requirements
2 established under Title IV of the Federal Toxic Substances
3 Control Act (Public Law 99-519, 100 Stat. 2970, 15 U.S.C.
4 2601 et seq., as amended).
5 "(3)(4) BOARD. The State Board of Health as defined
6 in Section 22-2-1.
7 "(4)(5) INDOOR. The enclosed portions of buildings
8 including public buildings, residences, and commercial
9 buildings. For the purposes of this chapter, "indoor" shall
10 include the exterior surfaces and all common areas of the
11 structure including any attached or unattached structure
12 located within the same lot line, including but not limited
13 to, garages, play equipment, and fences.
14 "(6) INSPECTION. A surface-by-surface investigation
15 to determine the presence of lead-based paint and the
16 provision of a report explaining the results of the
17 investigation.
18 "(7) LEAD-BASED PAINT ACTIVITIES. The inspection and
19 assessment of lead-based paint hazards and the planning,
20 implementation, and inspection of interim controls,
21 renovation, and abatement activities at target housing and
22 child-occupied facilities.
23 "(5)(8) LEAD HAZARD REDUCTION ACTIVITIES. Activities
24 designed to reduce exposure to lead in residences or public
25 buildings and may include inspections, risk assessments,
26 repair, enclosure, encapsulation, or removal of lead-based
27 paint or lead contamination, or both, and the design and
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1 planning of such activities, and other related activities as
2 established in Title IV of Toxic Substances Control Act,
3 Public Law 99-519, 100 Stat. 2970, 15 U.S.C. 2601 et seq., as
4 amended, which are to be performed in residences or public
5 buildings.
6 "(6)(9) PERSON. An individual, firm, partnership,
7 corporation, commission, state agency, county governmental
8 body, municipal corporation, party, company, association, or
9 any other public or private legal entity.
10 "(7)(10) PUBLIC BUILDING. A building designed for
11 public access and maintained for the public benefit through
12 the use of state or local government funds, including public
13 housing, schools, day care centers, and government facilities,
14 or any location at which Title IV of the Federal Toxic
15 Substances Control Act, or regulations thereunder, require
16 lead-based paint activities be performed by an accredited
17 individual, as those terms are defined in that act, such as
18 commercial buildings and bridges. This term shall does not
19 apply to any of the following:
20 a. Business facilities where access is principally
21 limited to employees.
22 b. Private clubs and residences.
23 c. Commercial buildings.
24 "(11) RENOVATION. The modification of any target
25 housing or child-occupied facility structure or portion
26 thereof that results in the disturbance of painted surfaces
27 unless that activity is performed as part of an abatement
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1 activity. The term includes, but is not limited to, the
2 removal, modification, re-coating, or repair of painted
3 surfaces or painted components; the removal of building
4 components; weatherization projects; and interim controls that
5 disturb painted surfaces. The term also includes a renovation
6 performed for the purpose of converting a building or part of
7 a building into target housing or a child-occupied facility.
8 The term does not include minor repair and maintenance
9 activities.
10 "(12) RISK ASSESSMENT. An on-site investigation to
11 determine the existence, nature, severity, and location of
12 lead-based paint hazards and the provision of a report by the
13 individual or the firm conducting the risk assessment
14 explaining the results of the investigation and options for
15 reducing lead-based paint hazards.
16 "(8)(13) SAFE STATE. The Safe State Program, a
17 division of the University of Alabama.
18 "(14) TARGET HOUSING. The term as defined in 40
19 C.F.R. 745.103.
20 "22-37A-3.
21 "(a) With regard to facilities, the scope of this
22 chapter shall not exceed the requirements of Title IV of the
23 Federal Toxic Substances Control Act.
24 "(b)(a) The board may develop shall establish a
25 statewide program to identify and reduce the threat to human
26 health posed by exposure to lead. In furtherance of this
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1 purpose, the board may perform each of the following
2 functions:
3 "(1) Conduct and supervise development programs and
4 studies to determine the source, effect, and hazards of lead.
5 "(2) Conduct research or participate in research
6 within the state.
7 "(3) Collect and disseminate information.
8 "(1) Certify all individuals involved in lead-based
9 paint activities.
10 "(2) Issue, reissue, suspend, revoke, or deny the
11 issuance or reissuance of certificates for accredited
12 individuals.
13 "(3) Establish standards for the program.
14 "(4) Ensure compliance with state and federal rules
15 and regulations.
16 "(5) Enforce the certification program.
17 "(6) Establish a program for the education of owners
18 and occupants of target housing and child-occupied facilities
19 concerning lead-based paint hazards. This program shall
20 require persons who perform renovation in such facilities for
21 compensation to provide owners and occupants with a lead
22 hazard information pamphlet prior to commencing the
23 renovation. The program shall meet the requirements of the
24 federal program under the Lead Based Paint Exposure Reduction
25 Act, 15 U.S.C. 2681 et. seq.
26 (4)(7) Make contracts and execute Execute contracts
27 and other instruments that are necessary or convenient to the
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1 exercise of its the board's powers or the performance of its
2 the board's duties under this chapter.
3 "(5)(8) Encourage voluntary cooperation by persons
4 or affected groups to achieve the purposes of this chapter.
5 "(6)(9) Assist persons in evaluating existing or
6 potential health hazards from lead, including, but not limited
7 to, health hazards from external sources that infiltrate the
8 indoor environment and those from materials, processes, or
9 human activities in the indoor environment.
10 "(7)(10) Assist persons in methods to control,
11 remove, or minimize sources of lead.
12 "(8) Advise, consult, and cooperate on matters of
13 common interest in lead hazard reduction with other agencies
14 of the state, political subdivisions of the state, industries,
15 other states, the federal government, and interested persons
16 or groups.
17 "(9)(11) Represent the state in matters relating to
18 lead hazard reduction and apply for and receive, on behalf of
19 the state, matching grants, gifts, donations, foundation
20 awards, or other legitimate means of support for the intents
21 and purposes of this chapter, and to make other decisions
22 concerning the fiscal aspects of the powers, duties, programs,
23 and activities of the board under this chapter.
24 "(12) Enter into cooperative agreements with, and
25 accept grant assistance from, the United States Environmental
26 Protection Agency in support of certification provisions of
27 Title IV of the Federal Toxic Substances Control Act or from
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1 any other governmental agency or other authority to carry out
2 the intent of this chapter.
3 "(10)(13) Enter into cooperative agreements or
4 contracts to demonstrate practices, methods, technologies, or
5 processes which may be effective in controlling sources or
6 potential sources of lead, preventing the occurrence of lead,
7 and reducing exposure to lead; and accept financial assistance
8 in the form of grants from public agencies and authorities,
9 nonprofit institutions and organizations, educational
10 institutions, or other persons.
11 "(11)(14) Establish by rule a fee schedule for
12 performing lead investigations and services, which may not in
13 any case exceed the actual costs.
14 "(12)(15) Subject to the Alabama Administrative
15 Procedure Act, publish guidelines in for performing lead
16 hazard reduction.
17 "(b) The board may adopt rules to implement and
18 enforce this chapter.
19 "22-37A-4.
20 "(a) The State Health Officer may conduct
21 investigations as necessary to administer this chapter, and
22 the rules adopted and orders issued under this chapter. The
23 State Health Officer may conduct investigations of general
24 lead contamination problems or conditions in public buildings,
25 and upon request of the building owner of commercial
26 buildings, or upon the request of the owner or occupant of
27 residential buildings.
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1 "(b)(1) An employee of the board may do both of the
2 following:
3 "a. Enter the business premises of persons and firms
4 certified to engage in lead-based paint activities during
5 business hours upon presenting credentials identifying himself
6 or herself as an employee of the board.
7 "b. Enter any structure, including residences, where
8 lead-based paint activities have occurred, or are being
9 conducted, for the purpose of determining compliance with
10 lead-based paint laws, rules, and regulations, provided he or
11 she obtains the consent of the owner, adult occupant of the
12 premises, or the owner's or occupant's designee after
13 presenting credentials identifying himself or herself as an
14 employee of the board.
15 "(2) Under no circumstances may an employee of the
16 board unlawfully enter any structure to determine compliance
17 with lead-based paint law, rules, or regulations.
18 "22-37A-5.
19 "(a) Before engaging in lead hazard reduction
20 activities, a person, firm, or corporation shall be certified
21 by the board as specified in this chapter. This subsection
22 shall not apply to an individual performing lead abatement on
23 a structure, or the portion of a structure that is used as his
24 or her private residence. Notwithstanding the foregoing, this
25 subsection shall apply to any person contracted by the home
26 owner to perform deleading activities and also applies where
27 the owner performs such activities in or upon another
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1 structure which is not his or her private residence or the
2 portion thereof. For the purpose of this subsection, the term
3 "deleading" means activities conducted by a person who offers
4 to eliminate lead-based paint or lead-based paint hazards or
5 to plan such activities.
6 "(b) Subject to the Alabama Administrative Procedure
7 Act, the board shall develop and publish certification
8 procedures for each type of contractor in lead hazard
9 reduction activities and specify qualifications, including,
10 but not limited to, training accreditation and blood lead
11 tests for personnel. The satisfaction of these qualifications
12 shall be documented by the contractor before the contractor is
13 certified and permitted to engage in the provision of lead
14 hazard reduction activities.
15 "(c) The board shall establish decertification and
16 recertification policies and procedures for each type of lead
17 hazard service contractor.
18 "(d) The board may establish by rule reasonable and
19 necessary fees for the conduct of the contractor certification
20 program and for the performance of field inspections of
21 abatement projects. The board may adopt rules, including
22 definitions and standards, and issue necessary orders to
23 implement this chapter, which rules and orders shall have the
24 effect of law.
25 "(e) The board may enter into cooperative agreements
26 with and accept grant assistance from the U.S. Environmental
27 Protection Agency in support of certification provisions of
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1 Title IV of the Federal Toxic Substances Control Act or from
2 any other agency of government or under other authority to
3 carry out the intents of this chapter.
4 "(a) An individual may not be certified under this
5 chapter unless the individual has successfully completed the
6 appropriate training program, passed an examination approved
7 by the board for the appropriate category of certification,
8 and completed any additional requirements imposed by the board
9 by rule.
10 "(b) An individual may not pe