AB 3009: Hazardous materials: lead-based paint.

The Childhood Lead Poisoning Prevention Act of 1991 imposes a fee on manufacturers and other persons formerly, presently, or both formerly and presently engaged in the stream of commerce of lead or products containing lead, or who are otherwise responsible for identifiable sources of lead that have significantly contributed historically, currently contribute, or both have significantly contributed historically and contribute currently to environmental lead contamination. The act requires the collected fees to be deposited into the Childhood Lead Poisoning Prevention Fund. The act requires the moneys in the fund, upon appropriation of the Legislature, to be expended for the prevention of childhood lead poisoning.

This bill would impose a $1 $2 charge on manufacturers of paint, as defined, for each gallon of paint sold in the state. The bill would require the California Department of Tax and Fee Administration to collect the charges, as prescribed. The bill would, except as provided, require the collected charges to be deposited into the Lead-Based Paint Cleanup Fund, which the bill would create in the State Treasury. The bill would require moneys in the fund, upon appropriation by the Legislature, to be expended by the Department of Toxic Substances Control to provide grants to cities and counties for the investigation, abatement, or removal of lead-based paint from residences within their respective jurisdictions. The bill would become operative if a specified initiative is enacted and becomes operative.

This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of ²/₃ of the membership of each house of the Legislature.

This bill would take effect immediately as a tax levy, but would become operative as specified.