State Senate Committee Votes to Hold ‘Big Paint’ Accountable for Toxic Lead in Homes

SACRAMENTO — The Senate Judiciary Committee on June 12 delivered a victory to the millions of California homeowners whose families are at-risk because paint corporations contaminated their homes with poisonous lead-based paint. The Committee passed AB 2803 (Limón), a bill that codifies key aspects of a court ruling that found three paint manufacturers responsible for the funding of lead-based paint cleanup in affected homes in ten California jurisdictions.  AB 2803 prevents lead-based paint manufacturers from evading the responsibility of ridding California homes of toxic lead-based paint.

 “I applaud members of the Senate Judiciary Committee for holding paint companies accountable for the damage they caused to our communities, and for providing protection for homeowners whose homes have been contaminated.” said Assemblymember Monique Limón (D-Santa Barbara).

The Committee’s approval of AB 2803 is a significant blow to paint companies who have been doing their utmost to avoid the cleanup responsibilities put forth in the court order, People v. ConAgra Grocery Products (2017).  An appeals court upheld the key ruling in the case – that the paint companies created a public nuisance by knowingly selling toxic paint – and the state Supreme Court denied a further appeal.   Still, paint companies have run a deceptive campaign to stoke fear in homeowners, despite the appeal court’s admonition that the responsibility for the harm created by the lead-based paint manufacturers falls squarely on the companies, not homeowners.

The courts were crystal clear: paint companies knowingly sold toxic paint to California consumers, and actively put our children at risk.  They created a public health concern, and are legally responsible to clean it up.

— Monique Limón represents the 37th Assembly District which includes Santa Barbara, Ventura, Goleta, Carpinteria, Ojai, Santa Paula, Fillmore, Buellton, Solvang, Summerland, Isla Vista, Montecito and parts of Oxnard. She currently serves as Chair of the Assembly Banking and Finance Committee.