Committee hears bill to codify and fund state lead-paint programs; Commerce says program emphasizes education over penalties

Sen. Claudia Kaufman told the Senate Environment & Energy Committee that substitute Senate Bill 54 94 would authorize the Department of Commerce to administer and enforce the renovation, repair and painting program for pre-1978 residential and child-occupied facilities and make several changes to fee and enforcement provisions.

Meg McFadden, staff to the committee, summarized the policy: the Energy Facility Site Evaluation Council background preceded the lead paint portion, then staff explained Commerce currently administers an authorized lead-based paint activities program (inspections, testing, abatement) and that the renovation, repair and painting program is not expressly authorized in statute. The substitute bill would codify Commerce’s authority to run the renovation program, require the state program to be at least as protective as federal requirements, allow Commerce to adopt fee levels by rule sufficient to cover program costs (removing a fixed $25 individual / $200 training-program fee), permit Commerce to suspend program work if funding is insufficient, require an appeals process for violations, remove a bar to abatement funding if a facility declines inspection, and prohibit Commerce from issuing a penalty if EPA has already taken enforcement for the same violation.

Katie Meehan, a department representative, said Commerce operates both lead programs for about 20 years, certifies roughly 2,000 companies and workers annually, and conducts more than 100 in-person inspections each year. Meehan said Commerce’s enforcement approach emphasizes education and support rather than penalties: “Our office enforcement officer responds to these tips, and our goal is always to help contractors meet compliance through education and support rather than penalization. We have been successful in this approach and haven't issued a penalty in 5 years.”

Contractors, training providers and industry witnesses testified in support of maintaining state administration. Several training providers described long experience working with Commerce and contrasted the agency’s education-first approach with what they characterize as more punitive federal enforcement by EPA. “The worst thing that Washington could do to contractors, to homeowners, and to other stakeholders is to walk away from this program that has been so successful,” said Angel Hoff, a contractor and trainer.

Committee members asked about program costs and equity. Staff and Commerce witnesses said the bill is not seeking new general-fund dollars in its current form; rather, it is fee-based and the fiscal note is zero. Commerce staff said data show communities living in older homes — where lead risk is greater — tend to be disproportionately lower-income and communities of color, and that Commerce’s focus is to certify, educate and support contractors who perform safe work.

Ending: The committee heard largely supportive testimony from industry, trainers and Commerce staff and took no vote at the hearing. Commerce and stakeholders said they would continue to provide technical details and performance data to the committee.