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SB 5494

Protecting Washington communities from lead-based paint.

2025-2026 Regular Session Introduced by Claudia Kauffman and 7 co-sponsors

Establishes a state Renovation, Repair, and Painting program for pre-1978 housing, aligning it with federal lead rules and funding, enforcement, and fees under Commerce.

Effective date 7/27/2025.
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Bill Summary · SB 5494

SB 5494 — Protecting Washington communities from lead‑based paint

Status: Chapter 180, 2025 Laws. Governor signed 4/29/2025. Effective 7/27/2025.
Introduced: 1/27/2025. Sponsors: Senate Ways & Means (by request of Department of Commerce).

Purpose

To strengthen Washington’s state lead‑based paint programs by (1) establishing the Renovation, Repair, and Painting (RRP) program in statute, (2) aligning the RRP program with the existing Lead‑Based Paint Activities (LBPA) program, and (3) updating provisions on funding, fees, inspections, enforcement, and appeals to improve program capacity and oversight.

Key provisions and changes

  • Establishes a statutory state RRP program (adds new section to chapter 70A.420 RCW) requiring that renovations of pre‑1978 residential and child‑occupied facilities be performed by certified renovation firms using certified renovators (or persons trained by them) and comply with department work practice standards and rules.
  • Applies the same requirements and authorizations for the LBPA program to the RRP program; both must be at least as protective as federal requirements (EPA/Title IV/TCA/Title X/40 C.F.R. Part 745).
  • Removes the automatic requirement that Commerce cease program activity if federal funding is insufficient; instead Commerce may cease efforts due to insufficient funds but duties remain subject to available funding.
  • Inspections: removes statutory 24‑hour and 48‑hour notice provisions and removes the provision making owners ineligible for federal abatement funds if they decline an inspection.
  • Enforcement:
    • Modifies enforcement authority so Commerce’s policy must include authority to refer cases for possible criminal sanctions or other civil/criminal action consistent with state law.
    • Replaces a blanket misdemeanor penalty with a narrower provision: a person who commits fraud or intentionally violates program requirements may be convicted of a misdemeanor.
    • Requires an appeals process consistent with the Administrative Procedure Act.
    • Commerce may not impose a penalty if the EPA already took enforcement action for the same violation.
    • Entities certified by Commerce may face additional enforcement actions beyond deaccreditation/decertification.
  • Fees and Lead Paint Account:
    • Removes statutory $25 certification/recertification fee (for various certifications) and the $200 training program accreditation fee.
    • Directs Commerce to adopt fees by rule sufficient to cover program costs; all fee and penalty receipts are deposited into the Lead Paint Account.
  • Miscellaneous: amends multiple RCW sections in chapter 70A.420 and repeals RCW 70A.420.030.

Who is affected

  • Homeowners and occupants of pre‑1978 housing and child‑occupied facilities (daycares, preschools, elementary schools).
  • Renovation firms, certified renovators, abatement workers, inspectors, risk assessors, training providers, and businesses engaged in lead activities.
  • Department of Commerce (program administration, rulemaking, enforcement).
  • Local governments and any entities involved in delivering federal lead program funds.

Procedural timeline / legislative actions

  • Passed Senate (3/7/2025) and House (4/11/2025). Delivered to Governor 4/22/2025; signed 4/29/2025. Effective date: 7/27/2025.
  • Bill amends multiple RCW sections (70A.420.010, .020, .040, .050, .070, .080, .060, .090), adds a new section, prescribes penalties, and repeals RCW 70A.420.030.

Potential impacts / considerations

  • Strengthens state-level regulatory capacity and aligns state RRP oversight with federal standards, potentially improving public protection from lead exposure.
  • Shifts fee-setting authority to Commerce (rulemaking) to recover program costs; may change compliance costs for firms and training providers.
  • Expanded enforcement/referral authority and an APA‑consistent appeals procedure may increase administrative burdens on regulated entities but provides clearer adjudicative process.
  • Removing the automatic federal‑funding cessation provision may provide greater program continuity while still subjecting activities to funding availability.
  • Note: an amendment that would have capped state fees at EPA’s comparable maximums (as of 4/8/2025) was proposed but not adopted.

Compiled from official sources — confirm details with the bill’s official record.

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