California 2017-2018 Regular Session

California Assembly Bill AB2851

Introduced
2/16/18  
Refer
3/19/18  
Refer
3/19/18  
Report Pass
3/19/18  
Refer
3/20/18  
Refer
3/20/18  
Report Pass
4/12/18  
Report Pass
4/12/18  
Refer
4/16/18  
Refer
4/16/18  
Report Pass
4/24/18  
Report Pass
4/24/18  
Refer
4/24/18  
Refer
4/24/18  
Refer
5/9/18  
Refer
5/9/18  
Report Pass
5/25/18  
Report Pass
5/25/18  
Engrossed
5/30/18  
Engrossed
5/30/18  
Refer
5/31/18  
Refer
5/31/18  
Refer
6/7/18  
Refer
6/7/18  
Report Pass
6/27/18  
Report Pass
6/27/18  
Refer
6/27/18  
Refer
6/27/18  
Refer
8/6/18  
Refer
8/6/18  
Report Pass
8/17/18  
Report Pass
8/17/18  
Refer
8/28/18  
Refer
8/28/18  
Report Pass
8/28/18  
Report Pass
8/28/18  
Refer
8/28/18  

Caption

Lead exposure: abatement.

Impact

The bill has significant implications for state law by creating the Childhood Lead Poisoning Prevention Abatement Fund. This fund, which will be enhanced through fees imposed on architectural coating distributors, aims to finance lead paint abatement across California. An important aspect is the direct allocation of $300 million from this fund to specific counties involved in prior legal actions against lead paint manufacturers, thereby addressing historical inequities and health impacts from lead contamination in properties. This financial structure underscores California's commitment to improving public health through environmental remediation.

Summary

Assembly Bill 2851, introduced by Assembly Member Grayson, focuses on addressing issues related to lead exposure and public nuisance regulations concerning lead-based paint. The bill establishes that the presence of lead-based paint on residential properties shall not be classified as a public nuisance. This change aims to mitigate legal challenges for property owners and to streamline efforts in addressing lead exposure, especially in light of the health risks posed to children. Furthermore, it aligns with existing laws pertaining to childhood lead poisoning prevention and establishes a framework for abatement funding.

Sentiment

The sentiment around AB 2851 appears generally positive among proponents who see it as a necessary step towards public health and safety. Advocates argue that clearly defining lead-based paint as not a public nuisance will help protect property owners while also providing essential funding for lead abatement programs. However, some critics express concern that the bill may downplay the risks associated with lead poisoning and downshift responsibilities for lead safety from manufacturers to local governments and property owners.

Contention

The notable points of contention include debates over whether the change in classification for lead-based paint undermines public safety by diluting the public nuisance law, which traditionally serves to protect communities from significant health hazards. Additionally, the funding mechanism relying on fees from distribution raises questions about the balance of burden on manufacturers versus community health needs. Critics argue that while the financial aspects of lead remediation are essential, they should not come at the cost of diminished accountability for sources of lead exposure.

Companion Bills

No companion bills found.

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