12100794D
SENATE BILL NO. 157
Offered January 11, 2012
Prefiled January 10, 2012
A BILL to amend and reenact §54.1-501 of the Code of
Virginia, relating to Virginia Board for Asbestos, Lead, Mold, and Home
Inspectors; examination; initial asbestos worker license applicants.
----------
Patrons-- Favola and Ebbin
----------
Referred to Committee on General Laws and Technology
----------
Be it enacted by the General Assembly of Virginia:
1. That §54.1-501 of the Code of Virginia is amended
and reenacted as follows:
§54.1-501. Powers and duties of the Board.
The Board shall administer and enforce this chapter. The Board
shall:
1. Promulgate regulations necessary to carry out the
requirements of this chapter in accordance with the provisions of the
Administrative Process Act (§2.2-4000 et seq.) to include but not be limited
to the prescription of fees, procedures, and qualifications for the issuance
and renewal of asbestos, lead, and renovation licenses, and governing conflicts
of interest among various categories of asbestos, lead, and renovation
licenses;
2. Approve the criteria for accredited
asbestos training programs, accredited lead training programs,
accredited renovation training programs, training managers, and principal
instructors;
3. Approve accredited asbestos training
programs, accredited lead training programs, accredited renovation
training programs, examinations and the grading system for testing applicants
for asbestos, lead, and renovation licensure;
4. Require initial
applicants for an asbestos worker license, after completion of an accredited
training program, to pass a Board-administered examination regarding the applicable requirements, procedures, and
standards of the U.S. Environmental Protection Agency, the U.S. Occupational Safety and Health Administration, the Department
of Labor and Industry, and the Divisions of Air
Quality and Land Protection
and Revitalization of the Department of Environmental Quality.
5. Promulgate
regulations governing the licensing of and establishing performance criteria
applicable to asbestos analytical laboratories;
5. 6. Promulgate regulations
governing the functions and duties of project monitors on asbestos projects,
circumstances in which project monitors shall be required for asbestos projects,
and training requirements for project monitors;
6. 7. Promulgate, in accordance
with the Administrative Process Act, regulations necessary to establish
procedures and requirements for the: (i) approval of accredited lead training
programs, (ii) licensure of individuals and firms to engage in lead-based paint
activities, and (iii) establishment of standards for performing lead-based
paint activities consistent with the Residential Lead-based Paint Hazard
Reduction Act and United States U.S. Environmental Protection
Agency regulations. If the United States U.S. Environmental Protection
Agency (EPA) has adopted, prior to the promulgation of any related regulations
by the Board, any final regulations relating to lead-based paint activities,
then the related regulations of the Board shall not be more stringent than the
EPA regulations in effect as of the date of such promulgation. In addition, if
the EPA shall have outstanding any proposed regulations relating to lead-based
paint activities (other than as amendments to existing EPA regulations), as of
the date of promulgation of any related regulations by the Board, then the
related regulations of the Board shall not be more stringent than the proposed
EPA regulations. In the event that the EPA shall adopt any final regulations
subsequent to the promulgation by the Board of related regulations, then the
Board shall, as soon as practicable, amend its existing regulations so as to be
not more stringent than such EPA regulations;
7. 8. Promulgate
regulations for certification of home inspectors not inconsistent with this
chapter regarding the professional qualifications of home inspectors
applicants, the requirements necessary for passing home inspectors examinations
in whole or in part, the proper conduct of its examinations, the proper conduct
of the home inspectors certified by the Board, the implementation of exemptions
from certifications requirements, and the proper discharge of its duties;
8. 9. Promulgate,
in accordance with the Administrative Process Act, regulations necessary to
establish procedures and requirements for the (i) approval of accredited
renovation training programs, (ii) licensure of individuals and firms to engage
in renovation, and (iii) establishment of standards for performing renovation
consistent with the Residential Lead-based Paint Hazard Reduction Act and United States U.S. Environmental Protection
Agency (EPA) regulations. Such regulations of the Board shall be consistent
with the EPA Lead Renovation, Repair, and Painting Program final rule; and
9. 10. Promulgate regulations for
licensing of mold inspectors and mold remediators not inconsistent with this
chapter regarding the professional qualifications of such applicants, the
requirements necessary for passing applicable examinations in whole or in part,
the proper conduct of its examinations, the proper conduct of the mold
inspectors and mold remediators licensed by the Board, the implementation of
exemptions from licensure requirements, and the proper discharge of its duties.
The Board shall have the discretion to impose different requirements for
licensure for the performance of mold inspections and mold remediation.
|
