(1) The United States environmental protection agency authorized the department of commerce to administer programs under 40 C.F.R. 745, subpart Q as codified under chapter 322, Laws of 2003 (lead-based paint) and chapter 158, Laws of 2010 (state lead-based paint program – renovation activities).

(2) The department's duties under chapter 322, Laws of 2003, and chapter 158, Laws of 2010, as amended, are subject to the availability of sufficient funding for this purpose. The director or his or her designee shall seek funding of the department's efforts under this chapter from the federal government. By October 15th of each year, the director shall determine if sufficient funding has been provided. If the director determines sufficient funding has not been provided and the department cannot sustain the program with program funds, the department may:

(a) Cease efforts under this chapter due to insufficient funds; and

(b) Inform the code reviser that it has ceased its efforts due to insufficient funds.