[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5911 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5911

To amend the Toxic Substances Control Act relating to lead-based paint 
                 renovation and remodeling activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2012

 Mr. Sullivan (for himself, Mr. Murphy of Pennsylvania, Mr. Long, Mrs. 
Noem, Mr. Schock, Mr. Boren, Mr. Lucas, Mr. Cole, Mr. Lankford, and Mr. 
   Boswell) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Toxic Substances Control Act relating to lead-based paint 
                 renovation and remodeling activities.

    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 ``Lead Exposure Reduction Amendments 
Act of 2012''.

SEC. 2. DEFINITIONS.

    Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is 
amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting the 
                clauses appropriately;
                    (B) in the first sentence, by striking ``The term'' 
                and inserting the following:
                    ``(A) In general.--The term'';
                    (C) by striking ``Such term includes--'' and 
                inserting the following:
                    ``(B) Inclusions.--The term `abatement' includes--
                ''; and
                    (D) by adding at the end the following:
                    ``(C) Exclusions.--The term `abatement' does not 
                include any renovation, remodeling, or other activity--
                            ``(i) the primary purpose of which is to 
                        repair, restore, or remodel target housing, 
                        public buildings constructed before 1978, or 
                        commercial buildings; and
                            ``(ii) that incidentally results in a 
                        reduction or elimination of lead-based paint 
                        hazards.'';
            (2) by redesignating--
                    (A) paragraphs (4) through (12) as paragraphs (5) 
                through (13);
                    (B) paragraph (13) as paragraph (15); and
                    (C) paragraphs (14) through (17) and paragraphs 
                (18) through (21), respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) Emergency renovation.--The term `emergency 
        renovation' means a renovation or remodeling activity that is 
        carried out in response to an event--
                    ``(A) that is an act of God, as that term is 
                defined in section 101(1) of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980; or
                    ``(B) that if not attended to as soon as is 
                practicable--
                            ``(i) presents a risk to the public health 
                        or safety; or
                            ``(ii) threatens to cause significant 
                        damage to equipment or property.'';
            (4) by striking paragraph (10) (as redesignated by 
        paragraph (2)) and inserting the following:
            ``(10) Lead-based paint.--
                    ``(A) In general.--The term `lead-based paint' 
                means paint or other surface coatings that contain lead 
                in excess of--
                            ``(i) 1.0 milligrams per centimeter 
                        squared; or
                            ``(ii) 0.5 percent by weight.
                    ``(B) Target housing.--With respect to paint or 
                other surface coatings on target housing, the term 
                `lead-based paint' means paint or other surface 
                coatings that contain lead in excess of the lower of--
                            ``(i) the level described in subparagraph 
                        (A); or
                            ``(ii) a level established by the Secretary 
                        of Housing and Urban Development under section 
                        302(c) of the Lead-Based Paint Poisoning 
                        Prevention Act.'';
            (5) by inserting after paragraph (13) (as redesignated by 
        paragraph (2)) the following:
            ``(14) Postabatement clearance testing.--The term 
        `postabatement clearance testing' means testing that--
                    ``(A) is carried out upon the completion of any 
                lead-based paint activity to ensure that--
                            ``(i) the reduction is complete; and
                            ``(ii) no lead-based paint hazards remain 
                        in the area in which the lead-based paint 
                        activity occurs; and
                    ``(B) includes a visual assessment and the 
                collection and analysis of environmental samples from 
                an area in which lead-based paint activities occur.''; 
                and
            (6) by inserting after paragraph (15) (as redesignated by 
        paragraph (2)) the following:
            ``(16) Renovation.--The term `renovation' has the meaning 
        given such term in section 745.83 of title 40, Code of Federal 
        Regulations, as in effect on the date of enactment of this 
        paragraph.
            ``(17) Renovation and remodeling regulation.--The term 
        `renovation and remodeling regulation' means a regulation 
        promulgated under section 402(a) and revised pursuant to 
        section 402(c)(3)(A), as such regulation is applied to 
        renovation or remodeling activities in target housing, public 
        buildings constructed before 1978, and commercial buildings.''.

SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION.

    Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 
2682(c)) is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Study of certification.--
                    ``(A) In general.--Not later than 1 year prior to 
                proposing any renovation and remodeling regulation 
                after the date of enactment of the Lead Exposure 
                Reduction Amendments Act of 2012, the Administrator 
                shall conduct, submit to the Congress, and make 
                available for public comment (after peer review) the 
                results of, a study of the extent to which persons 
                engaged in various types of renovation and remodeling 
                activities in target housing, public buildings 
                constructed before 1978, or commercial buildings--
                            ``(i) are exposed to lead in the conduct of 
                        such activities; and
                            ``(ii) disturb lead and create a lead-based 
                        paint hazard on a regular or occasional basis 
                        in the conduct of such activities.
                    ``(B) Scope and coverage.--Each study conducted 
                under subparagraph (A) shall consider the risks 
                described in clauses (i) and (ii) of such subparagraph 
                with respect to each separate building type described 
                in such subparagraph, as the regulation to be proposed 
                would apply to each such building type.'';
            (2) in paragraph (3)--
                    (A) in the first sentence by striking ``Within 4 
                years'' and inserting the following:
                    ``(A) In general.--Not later than 4 years''; and
                    (B) by adding at the end the following:
                    ``(B) Exemption.--An emergency renovation shall be 
                exempt from any renovation and remodeling regulation, 
                and a person carrying out an emergency renovation shall 
                be exempt from any regulation promulgated under section 
                406(b) with respect to the emergency renovation.
                    ``(C) Prohibition on postabatement clearance 
                requirement.--No renovation and remodeling regulation 
                may require postabatement clearance testing.''; and
            (3) by adding at the end the following:
            ``(4) Target housing owners.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this paragraph, and subject to 
                subparagraph (B), the Administrator shall promulgate 
                regulations to permit an owner of a residential 
                dwelling that is target housing, who resides in such 
                residential dwelling, to authorize a contractor to 
                forgo compliance with the requirements of a renovation 
                and remodeling regulation with respect to such 
                residential dwelling.
                    ``(B) Written certification.--The regulations 
                promulgated under subparagraph (A) shall require that 
                an owner of a residential dwelling that is target 
                housing, who resides in such residential dwelling, may 
                only authorize a contractor to forgo compliance with 
                the requirements of a renovation and remodeling 
                regulation if the owner submits to such contractor a 
                written certification stating that--
                            ``(i) the renovation or remodeling project 
                        is to be carried out at the residential 
                        dwelling in which the owner resides;
                            ``(ii) no pregnant woman or child under the 
                        age of 6 resides in the residential dwelling as 
                        of the date on which the renovation or 
                        remodeling project commences, or will reside in 
                        the residential dwelling for the duration of 
                        such project; and
                            ``(iii) the owner acknowledges that, in 
                        carrying out the project, such contractor will 
                        be exempt from the requirements of a renovation 
                        and remodeling regulation.
                    ``(C) Restriction.--A contractor may not forgo 
                compliance with the requirements of a renovation and 
                remodeling regulation pursuant to a written 
                certification submitted under subparagraph (B) if such 
                contractor has actual knowledge of a pregnant woman or 
                child under the age of 6 residing in the residential 
                dwelling as of the date on which the renovation or 
                remodeling commences (and for the duration of such 
                project).
                    ``(D) Limitation of contractor liability.--The 
                Administrator may not hold a contractor responsible for 
                a misrepresentation made by the owner of a residential 
                dwelling in a written certification submitted under 
                subparagraph (B), unless the contractor has actual 
                knowledge of such a misrepresentation.
            ``(5) Test kits.--
                    ``(A) In general.--
                            ``(i) Recognition.--The Administrator shall 
                        recognize for use under this title a qualifying 
                        test kit, and publish in the Federal Register 
                        notice of such recognition.
                            ``(ii) Suspension of enforcement of certain 
                        regulations.--If, not later than 1 year after 
                        the date of enactment of this paragraph, the 
                        Administrator does not recognize a qualifying 
                        test kit under clause (i), the Administrator--
                                    ``(I) shall publish in the Federal 
                                Register notice of such failure to 
                                recognize a qualifying test kit; and
                                    ``(II) except as provided in clause 
                                (iii), may not enforce any post-1960 
                                building renovation and remodeling 
                                regulation, with respect to a period 
                                beginning on the date that is 1 year 
                                after the date of enactment of this 
                                paragraph and ending on the date that 
                                is 6 months after the date on which the 
                                Administrator--
                                            ``(aa) recognizes for use 
                                        under this title a qualifying 
                                        test kit; and
                                            ``(bb) publishes in the 
                                        Federal Register notice of such 
                                        recognition and of the date on 
                                        which enforcement of the post-
                                        1960 building renovation and 
                                        remodeling regulations will 
                                        resume.
                            ``(iii) Applicability of suspension.--The 
                        Administrator shall not suspend enforcement of 
                        any post-1960 building renovation and 
                        remodeling regulation for the period described 
                        in clause (ii)(II) with respect to a 
                        residential dwelling in which a pregnant woman 
                        or child under the age of 6 resides.
                    ``(B) Qualifying test kit.--In this subsection, the 
                term `qualifying test kit' means a chemical test that--
                            ``(i) can determine the presence of lead-
                        based paint, as defined in section 401(10)(A);
                            ``(ii) has a false positive response rate 
                        of 10 percent or less;
                            ``(iii) has a false negative response rate 
                        of 5 percent or less;
                            ``(iv) does not require the use of off-site 
                        laboratory analysis to obtain results;
                            ``(v) is inexpensively and commercially 
                        available; and
                            ``(vi) does not require special training to 
                        use.
                    ``(C) Post-1960 building renovation and remodeling 
                regulation.--In this subsection, the term `post-1960 
                building renovation and remodeling regulation' means a 
                renovation and remodeling regulation, as it applies 
                to--
                            ``(i) target housing constructed after 
                        January 1, 1960;
                            ``(ii) public buildings constructed between 
                        January 1, 1960 and January 1, 1978; and
                            ``(iii) commercial buildings constructed 
                        after January 1, 1960.
            ``(6) Applicability of certain penalties.--Any renovation 
        and remodeling regulation requiring the submission of 
        documentation to the Administrator shall provide--
                    ``(A) an exemption from an applicable penalty for 
                failure to comply with such requirement for a person 
                who--
                            ``(i) is submitting the required 
                        documentation for the first time; and
                            ``(ii) submits documentation that contains 
                        only de minimus or typographical errors, as 
                        determined by the Administrator; and
                    ``(B) a process by which a person described in 
                subparagraph (A) may resubmit the required 
                documentation.
            ``(7) Accreditation of recertification courses.--The hands-
        on training requirements required by subsection (a)(2)(D) shall 
        not apply to any recertification course accredited by the 
        Environmental Protection Agency that is otherwise required to 
        be completed under this title by a person that is certified to 
        engage in renovation and remodeling activities.''.
                                 <all>