California 2017-2018 Regular Session Status: Passed Assembly 4 D cosponsors

AB 2803 — Public nuisance: residential lead-based paint.

Last action — From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 20). Re-referred to Com. on APPR.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes an action for a public nuisance, which affects an entire community or neighborhood, or a considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Existing law authorizes a private party or a public body to bring an action to abate a public nuisance. This bill would provide that residential lead-based paint that affects the health of a considerable number of persons constitutes a public nuisance. Under the bill, a party may be subject to liability for public nuisance if that party promoted lead-based paint for a particular use with actual or constructive knowledge that such use would cause health hazards sufficiently serious to render that use unreasonable, as specified. The bill would provide that, in an action seeking solely abatement of residential lead-based paint, causation may be established without presenting evidence that a particular party caused a particular lead-based paint to be applied in a particular residence, as specified. The bill would provide legislative findings and declarations in support of these provisions.

Bill Text

Action History

  1. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 20). Re-referred to Com. on APPR.

  2. From committee: Do pass and re-refer to Com. on EQ. (Ayes 4. Noes 2.) (June 12). Re-referred to Com. on EQ.

  3. Referred to Coms. on JUD., EQ. and APPR.

  4. In Senate. Read first time. To Com. on RLS. for assignment.

  5. Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 27. Page 5260.)

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 7. Noes 2.) (May 1).

  8. Coauthors revised.

  9. Re-referred to Com. on JUD.

  10. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  11. In committee: Hearing postponed by committee.

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 10). Re-referred to Com. on JUD.

  13. Coauthors revised.

  14. Re-referred to Com. on E.S. & T.M.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

  16. Referred to Coms. on E.S. & T.M. and JUD.

  17. From printer. May be heard in committee March 19.

  18. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 109 not signed on · 11 voted No

Sponsors (1)

Co-sponsors (12)

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

AB 2803 LIMÓN Assembly Third Reading

Passed 41 Yea · 27 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 291909
Democratic 12201
Republican 0600
Total 4127010
% of votes cast 53%35%0%13%
How each member voted (78)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Brough — Nay
Kiley — Nay
Mathis — Nay
Medina — Yea
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Ting — Yea
Voepel — Nay
Eggman — Not Voting
Chau — Yea
Chu — Yea
Low — Yea
Mullin — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Bloom — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Rubio — Yea
Friedman — Yea
Fong — Nay
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Levine — Yea
Salas — Not Voting
Maienschein — Not Voting
Gray — Not Voting
Mayes — Nay
McCarty — Yea
Melendez — Nay
O'Donnell — Not Voting
Chiu — Yea
Chávez — Nay
Cooley — Nay
Cooper — Not Voting
Rendon — Yea
Rodriguez — Not Voting
Steinorth — Nay
Waldron — Nay
Cunningham — Nay
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5201
Democratic 2000
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Kiley — Nay
Chau — Yea
Gonzalez Fletcher — Yea
Holden — Yea
Maienschein — Not Voting
Chiu — Yea
Cunningham — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

public-safety health-insurance
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Frequently asked questions

What does AB 2803 do?
Existing law establishes an action for a public nuisance, which affects an entire community or neighborhood, or a considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Existing law authorizes a private party or a public body to bring an action to abate a public nuisance. This bill would provide that residential lead-based paint that affects the health of a considerable number of persons constitutes a public nuisance. Under the bill, a party may be subject to liability for public nuisance if that party promoted lead-based paint for a particular use with actual or constructive knowledge that such use would cause health hazards sufficiently serious to render that use unreasonable, as specified. The bill would provide that, in an action seeking solely abatement of residential lead-based paint, causation may be established without presenting evidence that a particular party caused a particular lead-based paint to be applied in a particular residence, as specified. The bill would provide legislative findings and declarations in support of these provisions.
Who sponsors AB 2803?
AB 2803 is sponsored by Bloom, Chiu, Jones-Sawyer, Kamlager-Dove, Limón, Monique (Democratic), McCarty, Mullin, Quirk, Ting, Wiener, Scott D. (Democratic), Bonta, Mia (Democratic), Carrillo, Juan (Democratic), and Mark Stone.
What is the current status of AB 2803?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2803?
Track AB 2803 free on One Click Politics — get push/email alerts when it moves.

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