,,ii #aacth ,,congress #ast ,session ,s4 #dhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjac ,mr4 ,inhofe 7for himself1 ,mr4 ,vitter1 ,mr4 ,coburn1 ,mr4 ,enzi1 ,mrs4 ,fischer1 ,mr4 ,blunt1 and ,mr4 ,grassley7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,toxic ,substances ,control ,act relating to lead-based paint renovation and remodeling activities4 #a4 ,short title ,this ,act may be cited as the ,lead ,exposure ,reduction ,amendments ,act of #bjac4 #b4 ,definitions ,section #dja of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfha7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting the clauses appropriately2 7,b7 in the first sentence1 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 2 7,c7 by striking ,such term includes-- and inserting the following3 7,b7 ,inclusions ,the term abatement includes-- 2 and 7,d7 by adding at the end the following3 7,c7 ,exclusions ,the term abatement does not include any renovation1 remodeling1 or other activity-- 7i7 the primary purpose of which is to repair1 restore1 or remodel target housing1 public buildings constructed before #aigh1 or commercial buildings2 and 7ii7 that incidentally results in a reduction or elimination of lead-based paint hazards4 2 7#b7 by redesignating-- 7,a7 paragraphs 7#d7 through 7#ab7 as paragraphs 7#e7 through 7#ac72 7,b7 paragraph 7#ac7 as paragraph 7#ae72 and 7,c7 paragraphs 7#ad7 through 7#ag7 and paragraphs 7#ah7 through 7#ba71 respectively2 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,emergency renovation ,the term emergency renovation means a renovation or remodeling activity that is carried out in response to an event-- 7,a7 that is an act of ,god1 as that term is defined in section #aja7a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj2 or 7,b7 that if not attended to as soon as is practicable-- 7i7 presents a risk to the public health or safety2 or 7ii7 threatens to cause significant damage to equipment or property4 2 7#d7 by striking paragraph 7#aj7 7as redesignated by paragraph 7#b77 and inserting the following3 7#aj7 ,lead-based paint 7,a7 ,in general ,the term lead-based paint means paint or other surface coatings that contain lead in excess of-- 7i7 #a4j milligrams per centimeter squared2 or 7ii7 #j4e percent by weight4 7,b7 ,target housing ,with respect to paint or other surface coatings on target housing1 the term lead-based paint means paint or other surface coatings that contain lead in excess of the lower of-- 7i7 the level described in subparagraph 7,a72 or 7ii7 a level established by the ,secretary of ,housing and ,urban ,development under section #cjb7;c7 of the ,lead-,based ,paint ,poisoning ,prevention ,act4 2 7#e7 by inserting after paragraph 7#ac7 7as redesignated by paragraph 7#b77 the following3 7#ad7 ,postabatement clearance testing ,the term postabatement clearance testing means testing that-- 7,a7 is carried out upon the completion of any lead-based paint activity to ensure that-- 7i7 the reduction is complete2 and 7ii7 no lead-based paint hazards remain in the area in which the lead-based paint activity occurs2 and 7,b7 includes a visual assessment and the collection and analysis of environmental samples from an area in which lead-based paint activities occur4 2 and 7#f7 by inserting after paragraph 7#ae7 7as redesignated by paragraph 7#b77 the following3 7#af7 ,renovation ,the term renovation has the meaning given such term in section #gde4hc of title #dj1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this paragraph4 7#ag7 ,renovation and remodeling regulation ,the term renovation and remodeling regulation means a regulation promulgated under section #djb7;a7 and revised pursuant to section #djb7;c77#c77;,a71 as such regulation is applied to renovation or remodeling activities in target housing1 public buildings constructed before #aigh1 and commercial buildings4 4 #c4 ,lead-based paint activities training and certification ,section #djb7;c7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfhb7;c77 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,study of certification 7,a7 ,in general ,not later than #a year prior to proposing any renovation and remodeling regulation after the date of enactment of the ,lead ,exposure ,reduction ,amendments ,act of #bjab1 the ,administrator shall conduct1 submit to the ,congress1 and make available for public comment 7after peer review7 the results of1 a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing1 public buildings constructed before #aigh1 or commercial buildings-- 7i7 are exposed to lead in the conduct of such activities2 and 7ii7 disturb lead and create a lead-based paint hazard on a regular or occasional basis in the conduct of such activities4 7,b7 ,scope and coverage ,each study conducted under subparagraph 7,a7 shall consider the risks described in clauses 7i7 and 7ii7 of such subparagraph with respect to each separate building type described in such subparagraph1 as the regulation to be proposed would apply to each such building type4 2 7#b7 in paragraph 7#c7-- 7,a7 in the first sentence by striking ,within #d years and inserting the following3 7,a7 ,in general ,not later than #d years 2 and 7,b7 by adding at the end the following3 7,b7 ,exemption ,an emergency renovation shall be exempt from any renovation and remodeling regulation1 and a person carrying out an emergency renovation shall be exempt from any regulation promulgated under section #djf7;b7 with respect to the emergency renovation4 7,c7 ,prohibition on postabatement clearance requirement ,no renovation and remodeling regulation may require postabatement clearance testing4 2 and 7#c7 by adding at the end the following3 7#d7 ,target housing owners 7,a7 ,in general ,not later than #fj days after the date of enactment of this paragraph1 and subject to subparagraph 7,b71 the ,administrator shall promulgate regulations to permit an owner of a residential dwelling that is target housing1 who resides in such residential dwelling1 to authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation with respect to such residential dwelling4 7,b7 ,written certification ,the regulations promulgated under subparagraph 7,a7 shall require that an owner of a residential dwelling that is target housing1 who resides in such residential dwelling1 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-- 7i7 the renovation or remodeling project is to be carried out at the residential dwelling in which the owner resides2 7ii7 no pregnant woman or child under the age of #f resides in the residential dwelling as of the date on which the renovation or remodeling project commences1 or will reside in the residential dwelling for the duration of such project2 and 7iii7 the owner acknowledges that1 in carrying out the project1 such contractor will be exempt from the requirements of a renovation and remodeling regulation4 7,c7 ,restriction ,a contractor may not forgo compliance with the requirements of a renovation and remodeling regulation pursuant to a written certification submitted under subparagraph 7,b7 if such contractor has actual knowledge of a pregnant woman or child under the age of #f residing in the residential dwelling as of the date on which the renovation or remodeling commences 7and for the duration of such project74 7,d7 ,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 7,b71 unless the contractor has actual knowledge of such a misrepresentation4 7#e7 ,test kits 7,a7 ,in general 7i7 ,recognition ,the ,administrator shall recognize for use under this title a qualifying test kit1 and publish in the ,federal ,register notice of such recognition4 7ii7 ,suspension of enforcement of certain regulations ,if1 not later than #a year after the date of enactment of this paragraph1 the ,administrator does not recognize a qualifying test kit under clause 7i71 the ,administrator-- 7,i7 shall publish in the ,federal ,register notice of such failure to recognize a qualifying test kit2 and 7,,ii7 except as provided in clause 7iii71 may not enforce any post-#aifj building renovation and remodeling regulation1 with respect to a period beginning on the date that is #a year after the date of enactment of this paragraph and ending on the date that is #f months after the date on which the ,administrator-- 7aa7 recognizes for use under this title a qualifying test kit2 and 7bb7 publishes in the ,federal ,register notice of such recognition and of the date on which enforcement of the post-#aifj building renovation and remodeling regulations will resume4 7iii7 ,applicability of suspension ,the ,administrator shall not suspend enforcement of any post-#aifj building renovation and remodeling regulation for the period described in clause 7ii77,,ii7 with respect to a residential dwelling in which a pregnant woman or child under the age of #f resides4 7,b7 ,qualifying test kit ,in this subsection1 the term qualifying test kit means a chemical test that-- 7i7 can determine the presence of lead-based paint1 as defined in section #dja7aj77;,a72 7ii7 has a false positive response rate of #aj percent or less2 7iii7 has a false negative response rate of #e percent or less2 7iv7 does not require the use of off-site laboratory analysis to obtain results2 7v7 is inexpensively and commercially available2 and 7vi7 does not require special training to use4 7,c7 ,post-#aifj building renovation and remodeling regulation ,in this subsection1 the term post-#aifj building renovation and remodeling regulation means a renovation and remodeling regulation1 as it applies to-- 7i7 target housing constructed after ,january #a1 #aifj2 7ii7 public buildings constructed between ,january #a1 #aifj and ,january #a1 #aigh2 and 7iii7 commercial buildings constructed after ,january #a1 #aifj4 7#f7 ,applicability of certain penalties ,any renovation and remodeling regulation requiring the submission of documentation to the ,administrator shall provide-- 7,a7 an exemption from an applicable penalty for failure to comply with such requirement for a person who-- 7i7 is submitting the required documentation for the first time2 and 7ii7 submits documentation that contains only de minimus or typographical errors1 as determined by the ,administrator2 and 7,b7 a process by which a person described in subparagraph 7,a7 may resubmit the required documentation4 7#g7 ,accreditation of recertification courses ,the hands-on training requirements required by subsection 7a77#b77;,d7 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 activities4 4