Citations Affected: IC 4-1; IC 13-11; IC 13-14; IC 13-17; noncode.
Synopsis: Lead poisoning prevention. Amends restrictions on
lead-based paint activities. Sets the times for expiration and renewal of
lead-based paint activities licenses, adjusts training requirements for
licensure, provides for the issuance of licenses for clearance examiners,
provides for training for clearance examiners, prohibits the use of
certain methods to remove lead-based paint, and requires that removed
paint be discarded. Establishes an exception under certain
circumstances to paint removal and removed paint discarding
restrictions for work on a home by the homeowner. Establishes the
position of lead-safe interagency coordinator. Allows the department
of environmental management to require applicants for certain
accreditations or licenses involving asbestos and lead-based paint
activities to provide their Social Security numbers as part of their
Effective: July 1, 2001.
January 16, 2001, read first time and referred to Committee on Environmental Affairs.
February 20, 2001, amended, reported favorably _ Do Pass.
February 26, 2001, read second time, ordered engrossed. Engrossed.
March 1, 2001, read third time, passed. Yeas 48, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 4-1-8-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1. (a) No individual may be
compelled by any state agency, board, commission, department,
bureau, or other entity of state government (referred to as "state
agency" in this chapter) to provide the individual's Social Security
number to the state agency against the individual's will, absent federal
requirements to the contrary. However, the provisions of this chapter
do not apply to the following:
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family and children;
(B) the division of mental health;
(C) the division of disability, aging, and rehabilitative services; and
(D) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
fiduciary, a corporation, a limited liability company, or any other
business entity include its federal tax identification number on an
application for a riverboat owner's license or supplier's license.
(f) The department of environmental management may, notwithstanding this chapter, require an applicant for the following to provide the applicant's Social Security number as part of the application:
(1) Accreditation or licensing to engage in asbestos projects under IC 13-17-6, including the following positions:
(B) Management planner.
(C) Project designer.
(D) Project supervisor.
(E) Abatement worker.
(F) Waste disposal manager.
(G) Asbestos contractor.
(2) Licensing to participate in lead-based paint activities under IC 13-17-14, including the following positions:
(B) Risk assessor.
(C) Project designer.
(D) Project supervisor.
(E) Abatement worker.
A Social Security number provided under this subsection is confidential and is excepted from the disclosure requirements of IC 5-14-3-3 as provided by IC 5-14-3-4(a)(1).
SECTION 2. IC 13-11-2-36.5 IS ADDED AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 36.5. "Component", for purposes of IC 13-17-14, has the meaning set forth in 24 CFR 35.110, as in effect on July 1, 2001.
SECTION 3. IC 13-14-11-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) Except as provided in subsection (d), a person required by the department or a board to submit a record that in the person's opinion constitutes a record that is:
(1) confidential under IC 5-14-3-4(a); or
(2) permissively excepted under IC 5-14-3-4(b);
may so certify and request that the record be made available only for the use of the department or the boards.
(b) The department shall consider a request made under subsection (a). If the department finds that the record is excepted from disclosure
under IC 5-14-3-4(a), the request shall be granted. If the department
finds that the record is permissively excepted from disclosure under
IC 5-14-3-4(b), the request may be granted.
(c) It is the duty of:
(1) the person providing the record to ask that any or all of the record be declared excepted from disclosure under IC 5-14-3-4; and
(2) the commissioner to decide whether the record will be made public, subject to review as provided in IC 4-21.5-5.
(d) A person who is required to provide a Social Security number as part of an application described in IC 4-1-8-1(f) is not subject to the requirements of subsection (a). A Social Security number provided under IC 4-1-8-1(f) is confidential and excepted from disclosure under IC 5-14-3-4(a)(1).
SECTION 4. IC 13-17-14-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A person that engages in lead-based paint activities must obtain a license under this chapter and under rules adopted by the board under section 5 of this chapter. Lead-based paint activities licenses expire as follows:
(1) On June 30, 2003, if issued before July 1, 2001.
(2) Four (4) years after the date of issuance, if issued after June 30, 2001.
(b) A person may receive a lead-based paint activities license under this chapter for the following disciplines:
(2) Risk assessor.
(3) Project designer.
(5) Abatement worker.
(c) A person may receive a clearance examiner license under this chapter. A person that engages in the clearance of non abatement activities under 24 CFR 35.1340(b)(1)(iv), as in effect on July 1, 2001, must obtain a clearance examiner license under this chapter and under rules adopted by the board under section 5 of this chapter. A clearance examiner license expires four (4) years after the date of issuance.
(d) A person that enters into a contract requiring the person to execute for compensation lead-based paint activities shall hold a lead-based paint activities contractor's license.
(d) (e) A person shall: must:
(1) take required training and pass an examination provided in a
lead-based paint training course or clearance examiner training
course, as appropriate, approved by the department;
(2) for a license in the discipline of:
(B) risk assessor;
(C) project designer; or
pass an examination provided by the department or a third party as required by rules adopted by the board under section 5 of this chapter; and
(3) meet any requirements established by rules adopted by the board under section 5 of this chapter;
before a person may receive a lead-based paint activities license or clearance examiner license.
(e) (f) The department may issue a license for a position listed under
subsection (b) or (c) if the applicant submits proof to the department
that the applicant satisfies the training, examination, and other
requirements for the license under this chapter.
(f) (g) A lead-based paint activities license or a clearance
examiner license may be renewed for a period of four (4) years. To
renew a license, a person who holds a license for a position listed in
subsection (b) or (c) must: complete periodic refresher training and
pass any re-examination required by rules adopted under section 5 of
(1) take required refresher training every two (2) years;
(2) pass an examination administered in an appropriate training course approved by the department; and
(3) meet any requirements established by rules adopted by the board under section 5 of this chapter.
(g) (h) A lead-based paint activities contractor licensed under this
chapter may not allow an agent or employee of the contractor to:
(1) exercise control over a lead-based paint activities project;
(2) come into contact with lead-based paint; or
(3) engage in lead-based paint activities;
unless the agent or employee is licensed under this chapter.
(h) (i) A person engaging in lead-based paint activities shall comply
with the work practice standards established in rules adopted by the
board under section 5 of this chapter and the applicable work
practice standards established in section 12 of this chapter for
performing the appropriate lead-based paint activities.
SECTION 5. IC 13-17-14-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 4.5. (a) A clearance examiner
training program must meet requirements specified in rules
adopted by the board under section 5 of this chapter before
providing initial or refresher training to a person seeking a license
under section 3(c) of this chapter.
(b) The department may approve a clearance examiner training course offered by a person that satisfies the requirements of subsection (a).
(c) A clearance examiner training course must be conducted by an instructor approved by the department as provided in the rules adopted by the board under section 5 of this chapter.
SECTION 6. IC 13-17-14-5, AS AMENDED BY P.L.111-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. The rules must contain at least the elements required to receive program authorization under
CFR 76, Subpart L, 40 CFR 745, Subpart L, as in effect on July 1,
2001, and must do the following:
(1) Establish minimum requirements for the issuance of a license for:
(A) lead-based paint activities inspectors, risk assessors, project designers, supervisors, abatement workers, and contractors; and
(B) clearance examiners.
(2) Establish minimum requirements for approval of the providers of:
(A) lead-based paint activities training courses; and
(B) clearance examiner training courses.
(3) Establish minimum qualifications for:
(A) lead-based paint activities training course instructors; and
(B) clearance examiner training course instructors.
(4) Extend the applicability of the licensing requirements to other facilities as determined necessary by the board.
(5) Establish work practice standards.
(6) Establish a department or third-party examination process.
(7) Identify activities, if any, that are exempted from licensing requirements.
(8) Establish a fee of not more than one hundred fifty dollars ($150) per person, per license, per year for a person seeking a license under section 3 of this chapter. However, the following may not be required to pay a fee established under this subdivision:
comply with the requirements of air pollution control laws or
rules adopted by the board.
(4) Failing to meet an applicable federal or state standard for lead-based paint activities.
(b) The commissioner may under IC 4-21.5 reprimand a lead-based paint activities contractor or suspend or revoke the license of a lead-based paint activities contractor that employs a person who is not licensed under this chapter for a purpose that requires the person to hold a license issued under this chapter.
(c) The commissioner may under IC 4-21.5 revoke the approval of a clearance examiner or a lead-based paint activities training course for any of the following reasons:
(1) Violating any requirement of this chapter.
(2) Falsifying information on an application for approval.
(3) Misrepresenting the extent of a training course's approval.
(4) Failing to submit required information or notifications in a timely manner.
(5) Failing to maintain required records.
(6) Falsifying approval records, instructor qualifications, or other approval information.
SECTION 8. IC 13-17-14-12 IS ADDED AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (a) This section applies to:
(1) remodeling, renovation, and maintenance activities at target housing and child occupied facilities built before 1960; and
(2) lead-based paint activities.
(b) This section does not apply to an individual who performs remodeling, renovation, or maintenance activities within a residential dwelling that the individual owns, unless the residential dwelling is occupied:
(1) while the activities are being performed, by an individual other than the owner or a member of the owner's immediate family; or
(2) by a child who:
(A) is not more than six (6) years of age or an age specified in rules adopted by the board under section 5 of this chapter; and
(B) resides in the building and has been identified as having an elevated blood lead level.
(c) A person that performs an activity under subsection (a) that disturbs:
(1) exterior painted surfaces of more than twenty (20) square feet;
(2) interior painted surfaces of more than two (2) square feet in any one (1) room or space; or
(3) more than ten percent (10%) of the combined interior and exterior painted surface area of components of the building;
shall meet the requirements of subsections (e), (f), and (g).
(d) For purposes of this section, paint is considered to be lead-based paint unless the absence of lead in the paint has been determined by a lead-based paint inspection conducted under this chapter.
(e) A person may not use any of the following methods to remove lead-based paint:
(1) Open flame burning or torching.
(2) Machine sanding or grinding without high efficiency particulate air local exhaust control.
(3) Abrasive blasting or sandblasting without high efficiency particulate air local exhaust control.
(4) A heat gun that:
(A) operates above one thousand one hundred (1,100) degrees Fahrenheit; or
(B) chars the paint.
(5) Dry scraping, except:
(A) in conjunction with a heat gun; or
(B) within one (1) foot of an electrical outlet.
(6) Dry sanding, except within one (1) foot of an electrical outlet.
(f) In a space that is not ventilated by the circulation of outside air, a person may not strip lead-based paint using a volatile stripper that is a hazardous chemical under 29 CFR 1910.1200, as in effect on July 1, 2001.
(g) A person conducting activities under subsection (a) on painted exterior surfaces may not allow visible paint chips or painted debris that contains lead-based paint to remain on the soil, pavement, or other exterior horizontal surface for more than forty-eight (48) hours after the surface activities are complete.
SECTION 9. [EFFECTIVE JULY 1, 2001] (a) The position of lead-safe interagency coordinator is created.
(b) The lead-safe interagency coordinator shall seek to ensure that:
(1) children are afforded full opportunities with respect to lead-safe programs offered by:
(A) the federal government;
(B) the department of environmental management;
(C) the state department of health;
(D) the Indiana housing finance authority; and
(E) the family and social services administration; and
(2) progress toward reaching the goal of eliminating lead poisoning by 2010 is achieved and accurately tracked.
(c) This SECTION expires June 30, 2004.
SECTION 10. [EFFECTIVE JULY 1, 2001] (a) Before July 1, 2003, the air pollution control board shall amend 326 IAC 23 to reflect this act.
(b) This SECTION expires July 1, 2003.