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CA AB2803

Bill

Status

Engrossed

5/21/2018

Primary Sponsor

Monique Limon

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Establishes that residential lead-based paint affecting the health of a considerable number of persons constitutes a public nuisance under California law.

  • Creates liability for parties that promoted lead-based paint for residential use with actual or constructive knowledge that such use would cause serious health hazards.

  • Allows causation in lead-based paint abatement actions to be proven without requiring evidence that a particular party applied specific paint to a specific residence.

  • Includes legislative findings documenting that lead exposure causes irreversible developmental harm in children, with no safe exposure level according to the CDC, WHO, and American Academy of Pediatrics.

  • Clarifies California's existing public nuisance law regarding lead-based paint in residential properties, building on prior court decisions including County of Santa Clara v. Atlantic Richfield Co. (2006) and People v. Conagra Grocery Products Company (2017).

Legislative Description

Public nuisance: residential lead-based paint.

Last Action

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 20). Re-referred to Com. on APPR.

6/21/2018

Committee Referrals

Appropriations6/21/2018
Environmental Quality6/13/2018
Judiciary5/30/2018
Rules5/22/2018
Judiciary4/11/2018
Environmental Safety and Toxic Materials3/22/2018

Full Bill Text

No bill text available