Overview:
Washington State has enacted a new law, SB 5484, to better protect people from lead-based paint hazards. The law, signed by Governor Bob Ferguson, gives the Washington State Department of Commerce the authority to run its Renovation, Repair, and Painting Program independently from the US Environmental Protection Agency. The law also authorizes both the Lead-Based Paint Activities and the Repair and Painting Program to set their own fee schedule via rulemaking, which puts the program on a path towards financial self-sustainability.
In some parts of Washington, more than one in four housing units might have lead hazards, including lead dust in windows, doors, floors, porches, stairways, and cabinets. In addition, Washington has the highest percentage of children with elevated blood lead levels. However, thanks to legislation signed on May 6 by Governor Bob Ferguson, the state will have a clearer path forward to continue keeping people in Washington safe from lead-based paint and lead dust.
SB 5484, legislation signed by Ferguson, was requested by the Washington State Department of Commerce (Commerce) to better protect people in Washington from the dangers of lead-based paint.
The bill, now codified as Chapter 180, Laws of 2025, recalls lead abatement efforts to the agency. Commerceโs Lead-Based Paint programs help people minimize lead-based paint hazards when working on homes or child-occupied facilities built before 1978.
SB 5484 gives Commerce the proper authority to run its Renovation, Repair and Painting Program (RRP) independently from the United States Environmental Protection Agency beginning July 27, 2025. The bill corrects a long-standing issue from 2010, when the RRP Program was adopted by the Washington State Legislature.
At that time, language authorizing the state to administer the program was not properly added to the Revised Code of Washington (RCW).
In 2024, the EPA asked Commerce to fix this issue by the end of the 2025 legislative session or lose its authority to run the program, and thanks to SB 5494, the issue has been corrected.
โSenate Bill 5494 updates the Department of Commerceโs Lead-Based Paint programs at the agencyโs request,โ said Ferguson. โThis important bill ensures the programs can be financially self-sufficient and continue to do important work, which is to protect Washingtonians from the health and safety risks of lead exposure. I really appreciate everyone who has worked to make this bill possible.โ
During the signing, Ferguson, who was surrounded by the children of Commerce employees, took the opportunity to explain how the legislative process works. After the signing, he gave the official signing pen to State Senator Claudia Kauffman, who sponsored the bill.
In alignment with other fee-based programs in Washington, SB 5494 also authorizes both the Lead-Based Paint Activities and Renovation and the Repair and Painting Program to set their own fee schedule via rulemaking, which puts the program on a path toward financial self-sustainability.
โHistorically, we have been pretty dependent on funding from the federal government,โ said Jennifer Caraway, Enforcement Officer for Commerceโs Lead-Based Paint programs. โNow, no matter what happens on the federal level, our program will continue to stay local and support Washingtonians โ just like we have been for the past 20 years.โ
A key partner, Steve Hoff of LeadClasses.com, echoed Carawayโs sentiment.
โWe have done thousands of trainings across the country, and Commerce is just doing it right,โ Hoff said. โTheir team believes it is better to educate instead of issuing fines that put people out of business. Because of this approach, Washington has higher compliance than any other state. It is so much more effective in getting contractors educated and onboard the program.โ
Even though lead-based paints were banned for residential use in 1978, they continue to remain a public health, safety, and equity issue.
Due to the issue at hand, Commerce currently operates two programs that help protect Washington communities from lead-based paint. The RRP Program and the Lead-Based Paint Activities (LBPA) Program. For those in need, classes about lead-safe work practices are offered in English and Spanish across the state. Commerce will also answer questions and respond to concerns that renovators and community members have about working with lead-based paint throughout Washington.
โIn this last year, our team responded to over 4,000 requests for contractor assistance,โ said Caraway. โThese are questions from contractors about how to do things right to prevent lead exposure. Our program has built a positive reputation and strong partnership with the contractor community. People know we are here to help.โ
Due to several factors, including the history of residential segregation, language barriers, access barriers to health care, and the result of accumulated lead exposure through other sources, data shows that low-income communities, Black communities, immigrants and refugees, and families who speak Spanish are at an even higher risk of lead exposure.
There is no safe lead blood level in children, and lead exposure has lifelong consequences. Therefore, Commerce has an important role in protecting Washington communities from the harms of lead exposure, and the new legislation expands the agencyโs ability to respond.
โSB 5494 is a triple win. It allows us to maintain federal funding, keep costs reasonable for contractors, and continue to protect public health and safety,โ said Commerce Director Joe Nguyแป n. โOur long-standing successful relationships with industry partners and our commitment to a high level of customer service are part of what will keep these programs in Washington and help us protect our communities.โ
