March 22, 2001





ENGROSSED

SENATE BILL No. 320

_____


DIGEST OF SB 320 (Updated March 21, 2001 8:52 AM - DI 69)



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 applications.

Effective: July 1, 2001.





Gard, Broden
(HOUSE SPONSORS _ WEINZAPFEL, ATTERHOLT)




    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.

HOUSE ACTION

    March 12, 2001, read first time and referred to Committee on Environmental Affairs.
    March 21, 2001, amended, reported _ Do Pass.







March 22, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.


ENGROSSED

SENATE BILL No. 320



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

    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.


        (4) Auditor of state.
        (5) State personnel department.
        (6) Secretary of state, with respect to the registration of broker-dealers, agents, and investment advisors.
        (7) The legislative ethics commission, with respect to the registration of lobbyists.
        (8) Indiana department of administration, with respect to bidders on contracts.
        (9) Indiana department of transportation, with respect to bidders on contracts.
        (10) Health professions bureau.
        (11) Indiana professional licensing agency.
        (12) Indiana department of insurance, with respect to licensing of insurance agents.
        (13) A pension fund administered by the board of trustees of the public employees' retirement fund.
        (14) The Indiana state teachers' retirement fund.
        (15) The state police benefit system.
    (b) The bureau of motor vehicles may, notwithstanding this chapter, require the following:
        (1) That an individual include the individual's Social Security number in an application for an official certificate of title for any vehicle required to be titled under IC 9-17.
        (2) That an individual include the individual's Social Security number on an application for registration.
        (3) That a corporation, limited liability company, firm, partnership, or other business entity include its federal tax identification number on an application for registration.
    (c) The Indiana department of administration, the Indiana department of transportation, the health professions bureau, and the Indiana professional licensing agency may require an employer to provide its federal employer identification number.
    (d) The department of correction may require a committed offender to provide the offender's Social Security number for purposes of matching data with the Social Security Administration to determine benefit eligibility.
    (e) The Indiana gaming commission may, notwithstanding this chapter, require the following:
        (1) That an individual include the individual's Social Security number in any application for a riverboat owner's license, supplier's license, or occupational license.
        (2) That a sole proprietorship, a partnership, an association, a

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:
            (A) Inspector.
            (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:
            (A) Inspector.
            (B) Risk assessor.
            (C) Project designer.
            (D) Project supervisor.
            (E) Abatement worker.
            (F) Contractor.
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:
        (1) Inspector.
        (2) Risk assessor.
        (3) Project designer.
        (4) Supervisor.
        (5) Abatement worker.
        (6) Contractor.
    (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:
            (A) inspector;
            (B) risk assessor;
            (C) project designer; or
            (D) supervisor;

        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 this chapter.
         (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 40 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:


            (A) A state.
            (B) A municipal corporation (as defined in IC 36-1-2-10).
            (C) A unit (as defined in IC 36-1-2-23).
        (9) Establish a fee of not more than one thousand dollars ($1,000) per course, per year, for a lead-based paint training program seeking approval of a lead-based paint training course under section 4 of this chapter. However, the following may not be required to pay a fee established under this subdivision:
            (A) A state.
            (B) A municipal corporation (as defined in IC 36-1-2-10).
            (C) A unit (as defined in IC 36-1-2-23).
            (D) An organization exempt from income taxation under 26 U.S.C. 501(a).
         (10) Establish a fee of not more than one thousand dollars ($1,000) per course, per year, for a clearance examiner training program seeking approval of a clearance examiner training course under section 4.5 of this chapter. However, the following may not be required to pay a fee established under this subdivision:
            (A) A state.
            (B) A municipal corporation (as defined in IC 36-1-2-10).
            (C) A unit (as defined in IC 36-1-2-23).

    (b) The amount of the fees under subsection (a) may not be more than is necessary to recover the cost of administering this chapter.
    (c) The proceeds of the fees under subsection (a) must be deposited in the lead trust fund established by section 6 of this chapter.
     (d) The minimum requirements established under subsection (a)(1) must be sufficient to allow the clearance examiner to perform clearance examinations without the approval of a certified risk assessor or inspector as provided in 24 CFR 35.1340(b)(1)(iv), as in effect on July 1, 2001.
    SECTION 7. IC 13-17-14-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) The commissioner may under IC 4-21.5 reprimand, suspend, or revoke the license of a clearance examiner or a lead-based paint activities inspector, risk assessor, project designer, supervisor, worker, or contractor for any of the following reasons:
        (1) Violating any requirements of this chapter or rules adopted under this chapter.
        (2) Fraudulently or deceptively obtaining or attempting to obtain a license under this chapter.
        (3) Failing to meet the qualifications for a license or failing to

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.