California 2019 2019-2020 Regular Session

California Assembly Bill AB206 Introduced / Bill

Filed 01/14/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 206Introduced by Assembly Member Chiu(Coauthors: Assembly Members Bonta, Limn, and Quirk)January 14, 2019 An act to add Section 3494.5 to the Civil Code, relating to public nuisance. LEGISLATIVE COUNSEL'S DIGESTAB 206, as introduced, Chiu. Public nuisance: abatement: lead-based paint.Existing law defines a public nuisance as one that affects an entire community or neighborhood at the same time, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and provides that a public nuisance may be remedied by an indictment or information, a civil action, or abatement.This bill would make a property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3494.5 is added to the Civil Code, to read:3494.5. A property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation shall be immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 206Introduced by Assembly Member Chiu(Coauthors: Assembly Members Bonta, Limn, and Quirk)January 14, 2019 An act to add Section 3494.5 to the Civil Code, relating to public nuisance. LEGISLATIVE COUNSEL'S DIGESTAB 206, as introduced, Chiu. Public nuisance: abatement: lead-based paint.Existing law defines a public nuisance as one that affects an entire community or neighborhood at the same time, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and provides that a public nuisance may be remedied by an indictment or information, a civil action, or abatement.This bill would make a property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 206

Introduced by Assembly Member Chiu(Coauthors: Assembly Members Bonta, Limn, and Quirk)January 14, 2019

Introduced by Assembly Member Chiu(Coauthors: Assembly Members Bonta, Limn, and Quirk)
January 14, 2019

 An act to add Section 3494.5 to the Civil Code, relating to public nuisance. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 206, as introduced, Chiu. Public nuisance: abatement: lead-based paint.

Existing law defines a public nuisance as one that affects an entire community or neighborhood at the same time, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and provides that a public nuisance may be remedied by an indictment or information, a civil action, or abatement.This bill would make a property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.

Existing law defines a public nuisance as one that affects an entire community or neighborhood at the same time, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and provides that a public nuisance may be remedied by an indictment or information, a civil action, or abatement.

This bill would make a property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 3494.5 is added to the Civil Code, to read:3494.5. A property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation shall be immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 3494.5 is added to the Civil Code, to read:3494.5. A property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation shall be immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.

SECTION 1. Section 3494.5 is added to the Civil Code, to read:

### SECTION 1.

3494.5. A property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation shall be immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.

3494.5. A property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation shall be immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.

3494.5. A property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation shall be immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.



3494.5. A property owner, or agent thereof, who participates in a program to abate lead-based paint created as a result of a judgment or settlement in any public nuisance or similar litigation shall be immune from liability in any lawsuit seeking to recover inspection, abatement, or any other costs associated with that abatement program and the activities conducted pursuant to that abatement program.