Short title

This Act may be cited as the

Renovation Rule Improvement Act of 2008

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.

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.

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.