AB-2073: Protecting Homeowners from Lead Paint Manufacturer’s Lawsuits

Session: 2017-2018
Author: Chiu
Status: Dead
AAP-CA Position: Support
To view the status of this bill on the State Website, click here.

This bill would protect homeowners from the threat of legal action by paint manufacturers if the homeowners participate in an abatement program created by a 2017 judgment against lead paint makers.

AAP Positional Letter



June 11, 2018

The Honorable Hannah-Beth Jackson
Chair, Senate Standing Committee on Judiciary
State Capitol, Room 2187
Sacramento, CA 95814

RE: AB 2073 (Chiu): Protecting Homeowners from Lead Paint Manufacturer’s Lawsuits
AAP-CA Position: Support

Dear Chair Jackson:

The American Academy of Pediatrics, California (AAP-CA), representing over 5,000 California pediatricians, supports proposed legislation AB 2073 (Gloria) to protect homeowners from the threat of legal action by paint manufacturers if the homeowners participate in an abatement program created by a 2017 judgment against lead paint makers.

Lead exposure affects children’s brain development by reducing IQ and attention span. It can also cause anemia, hypertension, and damage to the kidneys and reproductive organs. For decades, some paint manufacturers promoted the use of lead paint — largely in low-income ethnic neighborhoods — despite clearly understanding the health hazards caused by the paint. In 2017, an appellate court upheld an order that these manufacturers pay to abate the dangers caused by their product.

The appellate court decision also suggested that homeowners bear some responsibility for the paint used in their homes, creating the possibility that the manufacturers could sue the homeowners. This possibility decreases the likelihood that homeowners would participate in the abatement program and stifles efforts to remove this health hazard from the homes of California’s children.

AB 2073 (Chiu) would protect homeowners who participate in the abatement program from frivolous lawsuits brought by the paint manufacturers. This protection would make it more likely that homeowners would take advantage of this opportunity and protect children from exposure to lead and all the problems it can cause.

Pediatrician members of AAP California Chapters 1, 2, 3 and 4 statewide strongly support proposed legislation AB 2073 (Chiu) and urge an AYE vote. Thank you for your public service and leadership on behalf of the health and wellbeing of children, youth, and families in California.

Sincerely,

Kris Calvin
Chief Executive Officer, American Academy of Pediatrics, California

cc: Honorable David Chiu, author
Members of the Senate Standing Committee on Judiciary
AAP-CA Leadership; Lobbyist Lydia Bourne