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SB5494 • 2026

Lead-based paint

Protecting Washington communities from lead-based paint.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Senator Kauffman, Senator Nobles, Senator Saldaña, Senator Salomon, Senator Shewmake, Senator Stanford, Senator Trudeau, Senator Valdez
Last action
2025-03-07
Official status
S subst for
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Lead-based paint

Lead-based paint

What This Bill Does

  • Lead-based paint

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5494-S AMH DYEM MCPH 135 1 - Official Print EFFECT: Limits the maximum fees that the Department of Commerce may charge to implement the Lead-Based Paint Activities and Renovation, Repair, and Painting programs to the maximum comparable fees charged by the Environmental Protection Agency for the same programs.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5494-S AMH DYEM MCPH 135 1 - Official Print EFFECT: Limits the maximum fees that the Department of Commerce may charge to implement the Lead-Based Paint Activities and Renovation, Repair, and Painting programs to the maximum comparable fees charged by the Environmental Protection Agency for the same programs.
  • 5494-S AMH DYEM MCPH 135 SSB 5494 - H AMD 1013 By Representative Dye NOT ADOPTED 04/11/2025 On page 9, line 25, after "chapter." insert "The department may not establish fees in amounts greater than the maximum comparable fees established by the United States environmental protection agency in Title 40, Part 745, as of April 8, 2025." --- END

Bill History

  1. 2025-03-07 Senate

    1st substitute bill substituted.

Official Summary Text

Lead-based paint

Current Bill Text

Read the full stored bill text
AN ACT Relating to lead-based paint program capacity 1
improvements; amending RCW 70A.420.010, 70A.420.020, 70A.420.040, 2
70A.420.050, 70A.420.070, 70A.420.080, 70A.420.060, and 70A.420.090; 3
adding a new section to chapter 70A.420 RCW; prescribing penalties; 4
and repealing RCW 70A.420.030. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 70A.420.010 and 2010 c 158 s 1 are each amended to 7
read as follows: 8
(1) The legislature finds that lead hazards associated with lead-9
based paint represent a significant and preventable environmental 10
health problem. Lead-based paint is the most widespread of the 11
various sources of lead exposure to the public. Census data show that 12
((one million five hundred sixty thousand )) 1,560,000 homes in 13
Washington state were built prior to 1978 when the sale of 14
residential lead-based paint was banned. These are homes that are 15
believed to contain some lead-based paint. 16
Lead negatively affects every system of the body. It is harmful 17
to individuals of all ages and is especially harmful to children, 18
fetuses, and adults of childbearing age. The effects of lead on a 19
child's cognitive, behavioral, and developmental abilities may 20
necessitate large expenditures of public funds for health care and 21
Z-0043.3
SENATE BILL 5494
State of Washington 69th Legislature 2025 Regular Session
By Senators Kauffman, Nobles, Saldaña, Salomon, Shewmake, Stanford,
Trudeau, and Valdez; by request of Department of Commerce
Read first time 01/27/25. Referred to Committee on Environment,
Energy & Technology.
p. 1 SB 5494
special education. The irreversible damage to children and subsequent 1
expenditures could be avoided if exposure to lead is reduced.2
(2) The federal government regulates lead poisoning and lead 3
hazard reduction through: 4
(a)(i) The lead-based paint poisoning prevention act;5
(ii) The lead contamination control act; 6
(iii) The safe drinking water act; 7
(iv) The resource conservation and recovery act of 1976; and8
(v) The residential lead-based paint hazard reduction act of 9
1992; and 10
(b) Implementing regulations of: 11
(i) The environmental protection agency; 12
(ii) The department of housing and urban development;13
(iii) The occupational safety and health administration; and14
(iv) The centers for disease control and prevention.15
(3) In 1992, congress passed the federal residential lead-based 16
paint hazard reduction act, which allows states to provide for the 17
accreditation of lead-based paint activities programs, the 18
certification of persons completing such training programs, and the 19
licensing of lead-based paint activities contractors under standards 20
developed by the United States environmental protection agency.21
(4) The legislature recognizes the state's need to protect the 22
public from exposure to lead hazards. A qualified and properly 23
trained workforce is needed to assist in the prevention, detection, 24
reduction, and elimination of hazards associated with lead-based 25
paint. The purpose of training workers, supervisors, inspectors, risk 26
assessors, project designers, renovators, and dust sampling 27
technicians engaged in lead-based paint activities is to protect 28
building occupants, particularly children ((ages six years and 29
younger)) under the age of six years from potential lead-based paint 30
hazards and exposures both during and after lead-based paint 31
activities. Qualified and properly trained individuals and firms will 32
help to ensure lead-based paint activities are conducted in a way 33
that protects the health of the citizens of Washington state and 34
safeguards the environment. 35
(5) The state lead-based paint activities program requires that 36
all lead-based paint activities be performed by certified personnel 37
trained by an accredited program, and that all lead-based paint 38
activities meet minimum work practice standards established by the 39
department of commerce. Therefore, the lead-based paint activities 40
p. 2 SB 5494
accreditation, training, and certification program shall be 1
established in accordance with this chapter. The lead-based paint 2
activities accreditation, training, and certification program shall 3
be administered by the department of commerce and shall be used as a 4
means to assure the protection of the general public from exposure to 5
lead hazards. 6
(((5))) (6) For the welfare of the people of the state of 7
Washington, this chapter establishes a lead-based paint activities 8
program within the department of commerce to protect the general 9
public from exposure to lead hazards and to ensure the availability 10
of a trained and qualified workforce to identify and address lead-11
based paint hazards. ((The legislature recognizes the department of 12
commerce is not a regulatory agency and may delegate enforcement 13
responsibilities under chapter 322, Laws of 2003 to local governments 14
or private entities.))15
NEW SECTION. Sec. 2. A new section is added to chapter 70A.420 16
RCW to read as follows: 17
The department shall administer and enforce a state program for 18
training and certification, and accreditation as set forth in Title 19
IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), 20
the residential lead-based paint hazard reduction act of 1992 (42 21
U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subparts D (2001), E 22
(1998), L and Q (1996), and Title X of the housing and community 23
development act of 1992 (P.L. 102-550). This program, as established 24
in chapter 158, Laws of 2010 (state lead-based paint program — 25
renovation activities) shall be known as the state renovation, 26
repair, and painting program. The state renovation, repair, and 27
painting program requires that all renovation activities on pre-1978 28
residential or child-occupied facilities must be performed by 29
certified renovation firms utilizing certified renovators or 30
individuals trained by certified renovators and that renovation 31
activities are directed by certified renovators. All renovation 32
activities must meet minimum work practice standards established by 33
the department. The department shall establish rules under this 34
program as described in RCW 70A.420.040. 35
Sec. 3. RCW 70A.420.020 and 2010 c 158 s 2 are each amended to 36
read as follows: 37
p. 3 SB 5494
The definitions in this section apply throughout this chapter 1
unless the context clearly requires otherwise. 2
(1) "Abatement" means any measure or set of measures designed to 3
permanently eliminate lead-based paint hazards. 4
(a) Abatement includes, but is not limited to: 5
(i) The removal of paint and dust, the permanent enclosure or 6
encapsulation of lead-based paint, the replacement of painted 7
surfaces or fixtures, or the removal or permanent covering of soil, 8
when lead-based paint hazards are present in such paint, dust, or 9
soil; and 10
(ii) All preparation, cleanup, disposal, and postabatement 11
clearance testing activities associated with such measures.12
(b) Specifically, abatement includes, but is not limited to:13
(i) Projects for which there is a written contract or other 14
documentation, which provides that an individual or firm will be 15
conducting activities in or to a residential dwelling or child-16
occupied facility that: 17
(A) Shall result in the permanent elimination of lead-based paint 18
hazards; or 19
(B) Are designed to permanently eliminate lead-based paint 20
hazards and are described in (a)(i) and (ii) of this subsection;21
(ii) Projects resulting in the permanent elimination of lead-22
based paint hazards, conducted by certified firms or individuals, 23
unless such projects are covered by (c) of this subsection;24
(iii) Projects resulting in the permanent elimination of lead-25
based paint hazards, conducted by firms or individuals who, through 26
their company name or promotional literature, represent, advertise, 27
or hold themselves out to be in the business of performing lead-based 28
paint activities as identified and defined by this section, unless 29
such projects are covered by (c) of this subsection; or30
(iv) Projects resulting in the permanent elimination of lead-31
based paint hazards, that are conducted in response to state or local 32
abatement orders. 33
(c) Abatement does not include renovation, remodeling, 34
landscaping, or other activities, when such activities are not 35
designed to permanently eliminate lead-based paint hazards, but, 36
instead, are designed to repair, restore, or remodel a given 37
structure or dwelling, even though these activities may incidentally 38
result in a reduction or elimination of lead-based paint hazards. 39
Furthermore, abatement does not include interim controls, operations 40
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and maintenance activities, or other measures and activities designed 1
to temporarily, but not permanently, reduce lead-based paint hazards.2
(2) "Accredited training program" means a training program that 3
has been accredited by the department to provide training for 4
individuals engaged in either lead-based paint activities or 5
renovation activities, or both. 6
(3) "Certified abatement worker" means an individual who has been 7
trained by an accredited training program, meets all the 8
qualifications established by the department, and is certified by the 9
department to perform abatements. 10
(4) "Certified dust sampling technician" means an individual who 11
has been trained by an accredited training program for dust sampling 12
technicians, meets all the qualifications established by the 13
department, and is certified by the department to conduct dust 14
sampling for renovation projects. 15
(5) "Certified firm" includes a company, partnership, 16
corporation, sole proprietorship, association, agency, or other 17
business entity that meets all the qualifications established by the 18
department and performs lead-based paint activities or renovation 19
activities to which the department has issued a certificate.20
(6) "Certified inspector" means an individual who has been 21
trained by an accredited training program for lead-based paint 22
inspectors, meets all the qualifications established by the 23
department, and is certified by the department to conduct 24
inspections. 25
(7) "Certified project designer" means an individual who has been 26
trained by an accredited training program, meets all the 27
qualifications established by the department, and is certified by the 28
department to prepare abatement project designs, occupant protection 29
plans, and abatement reports. 30
(8) "Certified renovator" means an individual who has been 31
trained by an accredited training program for renovators , meets all 32
the qualifications established by the department, and is certified by 33
the department to perform renovations or direct workers in the 34
performance of renovation work. 35
(9) "Certified risk assessor" means an individual who has been 36
trained by an accredited training program for lead-based paint risk 37
assessors, meets all the qualifications established by the 38
department, and is certified by the department to conduct risk 39
p. 5 SB 5494
assessments and sample for the presence of lead in dust and soil for 1
the purposes of abatement clearance testing. 2
(10) "Certified abatement supervisor" means an individual who has 3
been trained by an accredited training program for abatement 4
supervisors, meets all the qualifications established by the 5
department, and is certified by the department to supervise and 6
conduct abatements, and to prepare occupant protection plans and 7
abatement reports. 8
(11) "Department" means the Washington state department of 9
commerce. 10
(12) "Director" means the director of the Washington state 11
department of commerce. 12
(13) "Federal laws and rules" means: 13
(a) Title IV, toxic substances control act (15 U.S.C. Sec. 2681 14
et seq.) and the rules adopted by the United States environmental 15
protection agency under that law for authorization of state programs;16
(b) Any regulations or requirements adopted by the United States 17
department of housing and urban development regarding eligibility for 18
grants to states and local governments; and 19
(c) Any other requirements adopted by a federal agency with 20
jurisdiction over lead-based paint hazards. 21
(14) "Lead-based paint" means paint or other surface coatings 22
that contain lead equal to or in excess of 1.0 milligrams per square 23
centimeter ((or more than )), 0.5 percent by weight , or 5,000 parts 24
per million. 25
(15) "Lead-based paint activity" includes inspection, testing, 26
risk assessment, lead-based paint hazard reduction project design or 27
planning, abatement, or ((renovation)) clearance of lead-based paint 28
hazards. 29
(16) "Lead-based paint hazard" means any condition that causes 30
exposure to lead from lead-contaminated dust, lead-contaminated soil, 31
or lead-contaminated paint that is deteriorated or present in 32
accessible surfaces, friction surfaces, or impact surfaces that would 33
result in adverse human health effects as identified by the 34
administrator of the United States environmental protection agency 35
under the toxic substances control act, section 403.36
(17) "Person" includes an individual, corporation, firm, 37
partnership, or association, an Indian tribe, state, or political 38
subdivision of a state, and a state department or agency.39
p. 6 SB 5494
(18)(a) "Renovation" means the modification of any existing 1
structure, or portion thereof, that results in the disturbance of 2
painted surfaces, unless that activity is performed as part of an 3
abatement as defined in this section. The term includes but is not 4
limited to: 5
(((a))) (i) The removal, modification, or repair of painted 6
surfaces or painted components; 7
(((b))) (ii) Modification of painted doors; 8
(((c))) (iii) Surface restoration; 9
(((d))) (iv) Window repair including, but not limited to, 10
glazing; 11
(((e))) (v) Surface preparation, such as sanding, scraping, 12
pressure washing, or activities that generates paint chips or dust;13
(((f))) (vi) Removal of building components, such as walls, 14
windows, or other like structures; 15
(((g))) (vii) Weatherization projects, such as cutting holes in 16
painted surfaces to install blown-in insulation; 17
(((h))) (viii) Interim controls that disturb painted surfaces; or18
(((i))) (ix) A renovation performed for the purposes of 19
converting a building or part of a building in target housing or a 20
child-occupied facility. 21
(b) The term "renovation" as defined in this subsection (((18))) 22
does not include minor repair and maintenance activities.23
(19) "Risk assessment" means: 24
(a) An on-site investigation to determine the existence, nature, 25
severity, and location of lead-based paint hazards; and26
(b) The provision of a report by the individual or the firm 27
conducting the risk assessment, explaining the results of the 28
investigation and options for reducing lead-based paint hazards.29
(20) "State program" means a state administered lead-based paint 30
activities or renovation activities certification and training 31
program that meets the federal environmental protection agency 32
requirements. 33
Sec. 4. RCW 70A.420.040 and 2020 c 20 s 1273 are each amended to 34
read as follows: 35
(1) The department shall administer and enforce a state program 36
for training and certification, and training program accreditation, 37
which must include those program elements necessary to assume 38
responsibility for federal requirements for a program as set forth in 39
p. 7 SB 5494
Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et 1
seq.), the residential lead-based paint hazard reduction act of 1992 2
(42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subparts D (2001), 3
E (1998), L and Q (1996), and Title X of the housing and community 4
development act of 1992 (P.L. 102-550). The department may delegate 5
or enter into an agreement with other state agencies, local 6
governments, or private entities for implementation of components of 7
the state program. 8
(2) The department shall establish a program for certification of 9
persons involved in lead-based paint activities and renovation 10
activities.11
(3) The department shall establish a program for accreditation of 12
training providers in compliance with federal and state laws and 13
rules. 14
(((2))) (4) Rules adopted under this section shall:15
(a) Establish minimum accreditation requirements for lead-based 16
paint activities and renovator activities for training providers;17
(b) Establish work practice standards for conduct of lead-based 18
paint activities and renovator activities; 19
(c) Establish certification requirements for individuals and 20
firms engaged in lead-based paint activities and renovator activities 21
including provisions for recognizing certifications accomplished 22
under existing certification programs; 23
(d) Require the use of certified personnel in any lead-based 24
paint hazard reduction activity or renovation activity;25
(e) Be revised as necessary to comply with federal law and rules 26
and to maintain eligibility for federal funding; 27
(f) Be revised as necessary to comply with state law and rules;28
(g) Facilitate reciprocity and communication with other states 29
having a lead-based paint certification program; 30
(((g))) (h) Provide for decertification, deaccreditation, and 31
financial assurance for a person certified or accredited by the 32
department; and 33
(((h))) (i) Be issued in accordance with the administrative 34
procedure act, chapter 34.05 RCW. 35
(((3))) (5) This program ((shall equal, but not exceed, 36
legislative authority under )) must be at least as protective as 37
federal requirements as set forth in Title IV of the toxic substances 38
control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based 39
paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 40
p. 8 SB 5494
C.F.R. Part 745 (1996), Subparts L and Q, and Title X of the housing 1
and community development act of 1992 (P.L. 102-550).2
(((4))) (6) Any rules adopted by the department shall be 3
consistent with , or be more protective than, federal laws, 4
regulations, and requirements relating to lead-based paint activities 5
and renovation activities specified by the residential lead-based 6
paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.) and 7
Title X of the housing and community development act of 1992 (P.L. 8
102-550), and rules adopted pursuant to chapter 70A.305 RCW, to 9
ensure consistency in regulatory action. The rules ((may not be more 10
restrictive than corresponding )) must be at least as protective as 11
federal and state regulations ((unless such stringency is 12
specifically authorized by this chapter)). 13
(((5))) (7) The department may accept federal funds for the 14
administration of the program. 15
(((6))) (8) For the purposes of certification under the federal 16
requirements as set forth in section 2682 of the toxic substances 17
control act (15 U.S.C. Sec. 2682), the department may require 18
renovators and dust sampling technicians to apply for a certification 19
badge issued by the department. The department may impose a fee on 20
the applicant for processing the application. The application shall 21
include a photograph of the applicant and a fee in the amount imposed 22
by the department. 23
(9) The department shall prescribe and adopt by rule fees 24
sufficient to cover the implementation of this chapter.25
Sec. 5. RCW 70A.420.050 and 2020 c 20 s 1274 are each amended to 26
read as follows: 27
The department shall adopt rules to: 28
(1) Establish procedures and requirements for the accreditation 29
of lead-based paint activities and renovation activities training 30
programs including, but not limited to, the following:31
(a) Training curriculum; 32
(b) Training hours; 33
(c) Hands-on training; 34
(d) Trainee competency and proficiency; 35
(e) Training program quality control; 36
(f) Procedures for the reaccreditation of training programs;37
(g) Procedures for the oversight of training programs; and38
p. 9 SB 5494
(h) Procedures for the suspension, revocation, or modification of 1
training program accreditations, or acceptance of training offered by 2
an accredited training provider in another state or Indian tribe 3
authorized by the environmental protection agency; 4
(2) Establish procedures for the purposes of certification, for 5
the acceptance of training offered by an accredited training provider 6
in a state or Indian tribe authorized by the environmental protection 7
agency; 8
(3) Certify individuals and firms involved in lead-based paint 9
activities and renovation activities to ensure that certified 10
((individuals)):11
(a) Individuals are trained by an accredited training program and 12
possess appropriate educational or experience qualifications for 13
certification; and14
(b) Firms meet the qualification requirements to offer work in 15
the state and have at least one certified individual employed with 16
the firm; 17
(4) Establish requirements for the administration of third-party 18
certification exams for lead-based paint activities;19
(5) Establish procedures for recertification; 20
(((5) Require the conduct of lead-based paint activities in 21
accordance with work practice standards;22
(6) Establish procedures for the suspension, revocation, or 23
modification of certifications;24
(7) Establish requirements for the administration of third-party 25
certification exams;26
(8) Use laboratories accredited under the environmental 27
protection agency's national lead laboratory accreditation program;28
(9) Establish work practice standards for the conduct of lead-29
based paint activities, as defined in RCW 70A.420.020;30
(10))) (6) Establish work practices required for lead-based paint 31
activities and renovation activities;32
(7) Use laboratories accredited under the environmental 33
protection agency's national lead laboratory accreditation program;34
(8) Establish procedures for the suspension, revocation, or 35
modification of certifications and accreditations;36
(9) Establish an enforcement response policy that shall include:37
(a) Warning letters, notices of noncompliance, notices of 38
violation, or the equivalent; 39
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(b) Administrative or civil actions, including penalty authority, 1
including accreditation or certification suspension, revocation, or 2
modification; and 3
(c) Authority to ((apply)) refer for possible imposition of 4
criminal sanctions or exercise of other criminal or civil authority 5
using existing state laws as applicable((.6
The department shall prepare));7
(10) Prepare and submit a biennial report to the legislature 8
regarding the program's status, its costs, and the number of persons 9
certified by the program;10
(11) In accordance with chapter 34.05 RCW, carry out the 11
provisions of this chapter and establish an appeals process for 12
violations of this chapter. 13
Sec. 6. RCW 70A.420.070 and 2020 c 20 s 1276 are each amended to 14
read as follows: 15
(1)(a) The director or the director's designee is authorized to 16
inspect at reasonable times ((and, when feasible, with at least 17
twenty-four hours prior notification)): 18
(i) Premises or facilities where those engaged in training for 19
lead-based paint activities and renovation activities conduct 20
business; and 21
(ii) The business records of, and take samples at, the businesses 22
accredited ((or)), certified, or subject to regulation under this 23
chapter to conduct lead-based paint training ((or activities)), lead-24
based paint activities, or renovation activities. 25
(b) Any accredited training program or any firm or individual 26
certified under this chapter that denies access to the department for 27
the purposes of (a) of this subsection is subject to deaccreditation 28
or decertification under RCW 70A.420.040 and other enforcement 29
actions. 30
(2) The director or the director's designee is authorized to 31
inspect premises or facilities, with the consent of the owner or 32
owner's agent, where violations may occur concerning lead-based paint 33
activities or renovation activities , as defined under RCW 34
70A.420.020, at reasonable times ((and)), when feasible ((, with at 35
least forty-eight hours prior notification of the inspection)).36
(((3) Prior to receipt of federal lead-based paint abatement 37
funding, all premise or facility owners shall be notified by any 38
entity that receives and disburses the federal funds that an 39
p. 11 SB 5494
inspection may be conducted. If a premise or facility owner does not 1
wish to have an inspection conducted, that owner is not eligible to 2
receive lead-based paint abatement funding.))3
Sec. 7. RCW 70A.420.080 and 2010 c 158 s 6 are each amended to 4
read as follows: 5
(1) The department is designated as the official agency of this 6
state for purposes of cooperating with, and implementing the state 7
lead-based paint activities program and renovation, repair, and 8
painting program under the jurisdiction of the United States 9
environmental protection agency. 10
(2) No individual or firm can perform, offer, or claim to perform 11
lead-based paint activities or renovation activities without 12
certification from the department to conduct these activities.13
(3) The department may deny, suspend, or revoke a certificate for 14
failure to comply with the requirements of this chapter or any rule 15
adopted under this chapter. No person whose certificate is revoked 16
under this chapter shall be eligible to apply for a certificate for 17
one year from the effective date of the final order of revocation. A 18
certificate may be denied, suspended, or revoked on any of the 19
following grounds: 20
(a) A risk assessor, inspector, contractor, project designer, 21
worker, dust sampling technician, or renovator violates work practice 22
standards established by the United States environmental protection 23
agency or the United States department of housing and urban 24
development governing work practices and procedures; ((or))25
(b) The certificate was obtained by error, misrepresentation, or 26
fraud; or27
(c) Failure to maintain the required qualifications of the 28
certificate for the duration of the certification.29
(4) Any person ((convicted of )) found to commit fraud, such as 30
falsifying documents, or intentionally violating any of the 31
provisions of this chapter ((is guilty of )), may be convicted of a 32
misdemeanor. A conviction is an unvacated forfeiture of bail or 33
collateral deposited to secure the defendant's appearance in court, 34
the payment of a fine, a plea of guilty, or a finding of guilt on a 35
violation of this chapter, regardless of whether imposition of 36
sentence is deferred or the penalty is suspended, and shall be 37
treated as a violation conviction for purposes of certification 38
forfeiture under this chapter. Violations of this chapter include:39
p. 12 SB 5494
(a) Failure to comply with any requirement of this chapter;1
(b) Failure or refusal to establish, maintain, provide, copy, or 2
permit access to records or reports as required; 3
(c) Obtaining certification through fraud or misrepresentation;4
(d) Failure to obtain certification from the department and 5
performing work requiring certification at a jobsite; or6
(e) Fraudulently obtaining certification and engaging in any 7
lead-based paint activities or renovation activities requiring 8
certification. 9
Sec. 8. RCW 70A.420.060 and 2020 c 20 s 1275 are each amended to 10
read as follows: 11
The lead paint account is created in the state treasury. All 12
receipts from ((RCW 70A.420.030 shall)) fees collected under this 13
chapter must be deposited into the account. All receipts from 14
penalties and fines collected pursuant to enforcement actions or 15
settlements under this chapter, including any fees or costs, must be 16
deposited into the account. Moneys in the account may be spent only 17
after appropriation. Expenditures from the account may be used only 18
for the purposes of this chapter. 19
Sec. 9. RCW 70A.420.090 and 2010 c 158 s 7 are each amended to 20
read as follows: 21
(1) The ((department's duties under chapter 322, Laws of 2003 are 22
subject to authorization of the state program from the federal 23
government within two years of July 27, 2003. Chapter 322, Laws of 24
2003 expires if the federal environmental protection agency does not 25
authorize a state program within two years of July 27, 2003 )) United 26
States environmental protection agency authorized the department of 27
commerce to administer programs under 40 C.F.R. 745, subpart Q as 28
codified under chapter 322, Laws of 2003 (lead-based paint) and 29
chapter 158, Laws of 2010 (state lead-based paint program – 30
renovation activities). 31
(2) The department's duties under chapter 322, Laws of 2003, and 32
chapter 158, Laws of 2010, as amended, are subject to the 33
availability of sufficient funding ((from the federal government )) 34
for this purpose. The director or his or her designee shall seek 35
funding of the department's efforts under this chapter from the 36
federal government. By October 15th of each year, the director shall 37
determine if sufficient ((federal)) funding has been provided ((or 38
p. 13 SB 5494
guaranteed by the federal government )). If the director determines 1
sufficient funding has not been provided and the department cannot 2
sustain the program with program funds, the department ((shall)) may:3
(a) Cease efforts under this chapter due to ((the lack of federal 4
funding)) insufficient funds; and 5
(b) Inform the code reviser that it has ceased its efforts due to 6
((the lack of federal funding)) insufficient funds.7
NEW SECTION. Sec. 10. RCW 70A.420.030 (Certification and 8
training— Local governments— Rules) and 2020 c 20 s 1272, 2010 c 158 s 9
3, & 2003 c 322 s 3 are each repealed.10
--- END ---
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