New law will help Commerce protect people in Washington from lead

Agency-request legislation signed this week recalls lead abatement efforts to the agency

OLYMPIA, Wash. – 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. And compared to six other western states, Washington has the highest percentage of children with elevated blood lead levels. Thanks to legislation signed Tuesday 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.

Ferguson signed SB 5494, which was legislation requested by the Washington State Department of 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. Commerce’s Lead-Based Paint programs help people minimize lead-based paint hazards when working on homes or child-occupied facilities built before 1978. SB 5494 gives Commerce the proper authority to run its Renovation, Repair and Painting Program independently from the United States Environmental Protection Agency beginning July 27, 2025.

The bill corrects a long-standing issue from 2010, when the Renovation, Repair and Painting (RRP) Program was adopted by the Washington State Legislature. At the 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. Thanks to SB 5494, this issue has been corrected and removed the statute making the program contingent on federal funding.

“Senate Bill 5494 updates the Department of Commerce’s Lead-Based Paint programs at the agency’s request,” said Governor Ferguson. “This 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.”

Gov. Ferguson was surrounded by the children of Commerce employees during the signing, and 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.

SB 5494 also authorizes both the Lead-Based Paint Activities and Renovation, Repair and Painting Program to set their own fee schedule via rulemaking. This is in alignment with other fee-based programs in Washington and puts the programs on a path toward financial self-sustainability.

“Historically, we have been pretty dependent on funding from the federal government,” said Jennifer Caraway, Enforcement Officer for Commerce’s Lead-Based Paint programs. “Now, no matter what happens on the federal level, our program will continue to stay local and support Washingtonians — just like we have been for the past 20 years.”

Steve Hoff of LeadClasses.com echoed Caraway’s sentiment. His Washington state-based company hosts approximately 70 classes a year in Spokane, Vancouver, Tukwila, and Seattle. As a key partner, these classes train people how to implement lead safe work practices.

“We have done thousands of trainings across the country, and Commerce is just doing it right,” Hoff said. “Their team believes it is better to educate instead of issue 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.”

Commerce currently operates two programs that help protect Washington communities from lead-based paint: the Renovation, Repair and Painting (RRP) Program and the Lead-Based Paint Activities (LBPA) Program. Classes about lead-safe work practices are offered in English and Spanish across the state. Commerce staff also answers questions and respond to concerns that renovators and community members have about working with lead-based paint throughout Washington.

Even though lead-based paints were banned for residential use in 1978, they continue to remain a public health, safety and equity issue.

“In this last year, our team responded to over 4,000 requests for contractor assistance,” Caraway said. “These 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.”

There is no safe lead blood level in children and lead exposure has lifelong consequences. Data shows that low-income communities, Black communities, immigrants and refugees, and families who speak Spanish are at an even higher risk. This is 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.

Commerce has an important role in protecting Washington communities from the harms of lead exposure, and the new legislation expands the agency’s ability to respond.

“SB 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,” said Commerce Director Joe Nguyễn. “Our long-standing successful relationships with industry partners and our commitment to a high level of customer service is part of what will keep these programs in Washington and help us protect our communities.”