[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3513 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3513

 To direct the Administrator of the Environmental Protection Agency to 
     revise regulations relating to lead-based paint hazards, lead-
 contaminated dust, and lead-contaminated soil, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2008

  Mrs. Clinton (for herself and Mrs. Boxer) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To direct the Administrator of the Environmental Protection Agency to 
     revise regulations relating to lead-based paint hazards, lead-
 contaminated dust, and lead-contaminated soil, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Renovation Rule Improvement Act of 
2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Final rule.--The term ``final rule'' means the final 
        rule promulgated by the Administrator entitled ``Lead; 
        Renovation, Repair, and Painting Program'' (73 Fed. Reg. 21692 
        (April 22, 2008)).
            (3) Independent clearance.--The term ``independent 
        clearance'' means clearance of a renovation performed by a 
        certified assessor or certified sampling technician who was not 
        an individual performing the renovation.

SEC. 3. RENOVATION AND REMODELING REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Administrator shall update the final rule to include requirements 
that--
            (1) independent clearance shall be performed by a certified 
        risk assessor or certified sampling technician to ensure 
        compliance with lead hazard standards relating to lead, lead 
        dust, and lead-based paint in effect as of the date of 
        enactment of this Act, such that--
                    (A) ongoing, periodic random sampling shall be 
                permitted so long as a sufficient number of samples are 
                selected to provide a 95-percent level of confidence 
                that none of the renovations completed by a certified 
                renovation firm would result in levels that exceed the 
                standards, as determined by the Administrator; and
                    (B) if random sampling indicates that a group of 
                particular renovations results in a level that exceeds 
                the standards, until such time as the Administrator 
                determines that the renovations of the individual or 
                entity achieve the level of confidence described in 
                subparagraph (A), the individual or entity that 
                completed the renovations shall be responsible for 
                providing for independent clearance of--
                            (i) each subsequent renovation completed by 
                        the individual or entity; and
                            (ii) each unit renovated during the period 
                        beginning on the date of the most recent clear 
                        inspection and ending on the date of failure of 
                        clearance, including offering to perform 
                        recleaning on any unit that exceeds standards;
            (2) a written renovation completion report shall be 
        provided to both owners and occupants of a covered property 
        describing all the actions that were performed to reduce lead 
        hazards during the work and the results of all tests performed 
        as part of efforts to ensure compliance with the final rule and 
        other applicable regulations;
            (3) work practices used shall be at least as protective as 
        those of the Department of Housing and Urban Development 
        described in 35.1350 of title 24, Code of Federal Regulations 
        (or successor regulations); and
            (4) an individual who has completed a lead-based paint 
        training and certification program shall be present at all 
        times that work is undertaken at a work site.

SEC. 4. TRAINING OPPORTUNITIES.

    (a) Grant Program To Expand Training Opportunities.--
            (1) Establishment.--The Administrator shall establish a 
        grant program to expand training opportunities relating to 
        lead-based paint that are available at the State and tribal 
        level.
            (2) Use of funds.--Funds provided through grants under the 
        program established under paragraph (1)--
                    (A) shall be used by a recipient to provide no-
                cost, culturally and linguistically appropriate lead-
                based paint training and certification opportunities 
                for low-income workers, in order to ensure the 
                presence, at all times that work is undertaken at a 
                work site, of an individual who has completed a lead-
                based paint training and certification program; and
                    (B) may be used by a recipient--
                            (i) to expand new and supplemental training 
                        opportunities, giving priority to those 
                        opportunities established and carried out in 
                        partnership with nongovernmental organizations, 
                        to increase the number of individuals who have 
                        completed lead-based paint training and 
                        certification programs that are in compliance 
                        with updates to the final rule required under 
                        section 3;
                            (ii) to maintain, improve, or develop 
                        infrastructure and oversight to ensure that--
                                    (I) individuals engaged in 
                                renovation activities are properly 
                                trained;
                                    (II) lead-based paint training 
                                programs are accredited;
                                    (III) contractors and firms engaged 
                                in renovation activities are certified; 
                                and
                                    (IV) renovation activities are 
                                carried out in accordance with the 
                                final rule (including updates to that 
                                final rule required under section 3) 
                                and other applicable regulations;
                            (iii) to provide for training of 
                        enforcement inspectors and compliance and lead 
                        dust sampling techniques;
                            (iv) to implement lead-based paint 
                        compliance assistance programs; and
                            (v) to engage in education and outreach 
                        activities regarding the final rule.
            (3) Treatment of funds.--The program established under 
        paragraph (1), and funds provided through grants under that 
        program, shall supplement, and not supplant, lead-based paint 
        training programs and grants available as of the date of 
        enactment of this Act.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $7,000,000 for 
        the period of fiscal years 2009 through 2012.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator, in collaboration with the Secretary of 
Housing and Urban Development, shall prepare, publish, and submit to 
the appropriate committees of Congress a report that--
            (1) analyzes the impact of the final rule on preventing 
        lead poisoning;
            (2) analyzes training opportunities for contractors and 
        renovators; and
            (3) makes recommendations for expansion and coordination of 
        that training in a manner that, to the maximum extent 
        practicable--
                    (A) maximizes coordination between the Department 
                of Housing and Urban Development and the Environmental 
                Protection Agency to ensure standard training and 
                curriculum development;
                    (B) ensures that contractors, renovators, owners, 
                occupants, and State, tribal, and local governments are 
                aware of training and certification activities provided 
                through the Department of Housing and Urban Development 
                and the Environmental Protection Agency;
                    (C) expands the number of individuals who have 
                completed lead-based paint training and certification 
                programs so as to ensure that such an individual is 
                available to be present at a work site at all times 
                that work is undertaken during renovations; and
                    (D) expands the number of individuals who have 
                completed sampling technician training.
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