AB-2803: Public Nuisance: Residential Lead-Based Paint

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

This bill would clarify existing public nuisance law as it applies to lead-based paint in California. It would establish that a party may be liable for public nuisance if it promoted lead-based paint with knowledge it was hazardous and that the aggrieved party does not need to identify the specific party which caused the injury, but may infer causation from other evidence, removing a significant hurdle to holding paint manufacturers accountable for the harm caused by their production of lead-based paint. 

AAP Positional Letter



June 20, 2018

The Honorable Monique Limon
State Capitol, P.O. Box 942849
Sacramento, CA 94249-0037

RE: AB 2803 (Limon) Public Nuisance: Residential Lead-Based Paint
AAP-CA Position: Support

Dear Assemblymember Limon,

The American Academy of Pediatrics, California (AAP-CA), representing over 5,000 California pediatricians, strongly supports your proposed legislation AB 2803 to clarify existing public nuisance law as it applies to lead-based paint in California.

Lead poisoning can have impact on nearly every system in the body, damaging the brain and nervous system and leading to learning and behavioral problems. It is particularly harmful to children. According to the CDC, there is no safe blood lead level in children.1 Three major paint manufacturers have been held responsible for promoting lead paint for use in homes despite their knowledge that the product was highly toxic and have been ordered to pay for inspection for and abatement of lead paint.

This year, a ballot initiative sponsored by major paint companies, if enacted, would absolve them of legal liability to clean up lead-based paint hazard and create a bond for abatement using taxpayer money.

AB 2803 would establish that a party may be liable for public nuisance if it promoted lead-based paint with knowledge it was hazardous and that the aggrieved party does not need to identify the specific party which caused the injury, but may infer causation from other evidence, removing a significant hurdle to holding paint manufacturers accountable for the harm caused by their production of lead-based paint.

Pediatrician members of AAP California Chapters 1, 2, 3 and 4 statewide strongly support your proposed legislation AB 2803. Thank you for your public service and leadership on behalf of the health and wellbeing of children, youth, and families in California.

Sincerely,

Jean Junior, M.D., MPhil
Resident Representative Member, AAP-CA State Government Affairs Committee
American Academy of Pediatrics, California

cc: AAP-CA Leadership; Lobbyist Lydia Bourne