Brief(1)
Sub. for S.B. 437 creates a new act that would be cited as the Lead-Based Licensing and Certification and Child Lead Poisoning Prevention Act.
The bill prohibits a business entity or public agency from engaging in lead-based paint activities, defined as the inspection, assessment, and abatement of lead-based paint, including the disposal of wastes arising from such activities, unless the business entity or public agent is licensed by the Secretary of Health and Environment. Any individual, except an individual who owns or resides in a residential dwelling who is performing lead-based paint activities within such residential dwelling, is prohibited from engaging in lead-based paint activities unless the individual is certified by the Secretary.
The duties of the Secretary of Health and Environment under the new act are set out in Section 4 of the substitute bill and include adopting rules and regulations for the licensing of business entities and public agencies, the certification of individuals, and the accreditation of training programs; establishing fees; conducting on-site inspections of lead-based paint activities; developing and distributing lead hazard information; developing and implementing a childhood lead poisoning prevention program; developing and issuing health advisories; and developing a program to assist local health departments in identifying and following up cases of elevated blood lead levels in children. The bill sets out what a business entity or public agency must do to qualify for a license; establishes a lead-based paint hazard fee fund in the state treasury and specifies what is to be credited to the fund; authorizes the Secretary to refuse to issue a license or certificate or to suspend or revoke a license or certificate and creates grounds for so doing; makes a first violation of the act a class C misdemeanor and a second or subsequent offense a class B misdemeanor; authorizes the imposition of civil penalties; and authorizes the Secretary to seek an injunction to restrain violations of the act or rules and regulations adopted thereunder.
Pursuant to the provisions of Sub. for S.B. 437, licensure, certification, or accreditation are not required to engage in lead-based paint activities until the Secretary adopts rules and regulations to implement the act. The bill would become effective on publication in the Kansas Register. The provisions of the act expire on July 1, 2003.
The Senate Committee of the Whole further amended Sub. for S.B. 437 to add a definition of public agency to the bill and to reference project evaluations. The House Committee amendments conform language in the bill by deleting references to "project evaluation" and replacing them with references to "on-site inspections."
The House Committee amendments also delete a provision in Section 10, subsection (e) that would allow the collection of a civil penalty prior to the resolution of an appeal to the district court or an appellate court or an order issued by the Secretary of Health and Environment.
Background
S.B. 437 was introduced at the request of the Secretary of Health and Environment who also appeared to support the bill and to suggest a substitute for the original bill. The bill is directed at meeting the requirements of the Toxic Substances Control Act, as required by the Residential Lead-Based Paint Hazard Reduction Act of 1992. Federal law requires the state to have a training and credentialing program in place by August 31, 1998 or the Environmental Protection Agency (EPA) will establish a program in Kansas. The state must be able to insure that individuals and businesses that do inspections of homes for lead-based paint hazards are qualified. Currently, buyers must go out-of-state to find qualified inspectors or find an inspector who has been trained and certified in another state. Eligibility will be lost for federal grant funds if the state does not have a licensure, certification, and accreditation program authorized by August 31, 1998.
The fiscal note on S.B. 437 indicates the bill will result in additional state revenues and expenditures. At the time the fiscal note was prepared, the Department of Health and Environment had not sent sufficient information to the Division of the Budget to prepare a more detailed fiscal summary. It is noted the Department expended federal funds totaling $297,387 in FY 1998 and anticipates $204,647 for FY 1999. Any expenditures and receipts associated with S.B. 437 will be in addition to amounts contained in The FY 1999 Governor's Budget Report.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.