Signed into Law by Gov Brown on 05-21-21
Status (overview) of bill:https://olis.oregonlegislature.gov/liz/2021R1/Measures/Overview/HB2077#
This bill requires person to identify to Oregon Health Authority if a third party performs lead-based paint activities or renovation. Allows authority to order risk assessment and hazard control or abatement of lead-based paint activities and renovation when authority has reason to believe violation occurred.
Personal Choice and Responsibility
This is a sympathy bill for low-income families living in old homes that haven’t renovated.
Increases fine from $5,000 per occurrence to $5,000 per day adding a lien upon real and personal property owned by the person and authorizes the authority to sue for foreclosure plus attorney fees. Moneys collected shall be deposited into the Public Health Account used for the purposes of lead poisoning prevention, including consumer and industry outreach, public education, blood lead screening, lead-based paint risk assessments, lead-based paint hazard abatement and control activities and other similar activities.
In 2010, EPA gave the Oregon Construction Contractors Board and the Oregon Health Authority to jointly administer the federal Renovation, Repair and Painting Rule in Oregon. OHA’s Lead-Based Paint Program regulates the activities of businesses, agencies, and individuals who work with lead-based paint by enforcing state regulations, oversees professional training and certification, and responds to concerns about the health effects from exposure to lead. Current law allows OHA to certify companies that perform lead-based paint activities, to inspect properties to determine compliance; to suspend, revoke, or modify a company or individual certified to perform lead-based activities or renovation; and authority to issue a civil penalty of not more than $5,000 for violations related to lead-based paint activities (ORS Chapter 431A). HB 2077 grants the Oregon Health Authority’s Lead-Based Paint Program additional authority to clean up lead-based paint hazards.
There may be a need for rental renovations to eliminate the exposure of lead to low-income families, but putting landlords out of business with huge penalties and foreclosure does not help the affordable housing market. A more reasonable approach would be a loan program to renovate.