Bill Text: CA AB3009 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hazardous materials: lead-based paint.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2018-08-09 - Ordered to inactive file at the request of Assembly Member Quirk. [AB3009 Detail]

Download: California-2017-AB3009-Amended.html

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Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 3009

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Introduced by Assembly Member Quirk

February 16, 2018

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An act to amend Section 100825 of the Health and Safety Code, relating to environmental laboratories. An act to add Article 11.3 (commencing with Section 25235) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous materials, to take effect immediately, tax levy.

LEGISLATIVE COUNSEL'S DIGEST

AB 3009, as amended, Quirk. Environmental laboratories. 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, be expended for the prevention of childhood lead poisoning.

This bill would impose an unspecified fee 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 fees, as prescribed. The bill would, except as provided, require the collected fees 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 XIII A 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.

Existing law, the Environmental Laboratory Accreditation Act, requires certain laboratories that conduct analyses of environmental samples for regulatory purposes to obtain a certificate of accreditation from the State Water Resources Control Board. The act requires an accredited laboratory to report, in a timely fashion and in accordance with the request for analysis, the full and complete results of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The act authorizes the board to adopt regulations to establish reporting requirements, establish the accreditation procedures, recognize the accreditation of laboratories located outside California, and collect laboratory accreditation fees.

This bill would make technical, nonsubstantive changes to those provisions.

Digest Key

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Article 11.3 (commencing with Section 25235) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

Article  11.3. Lead-Based Paint Abatement and Remediation Act of 2018

25235.

 The article shall be known, and may be cited, as the Lead-based Paint Abatement and Remediation Act of 2018.

25235.2.

 For purposes of this article, the following definitions apply:

(a) “California paint fee” means the fee imposed pursuant to subdivision (a) of Section 25235.4.

(b) “CDTFA” means the California Department of Tax and Fee Administration.

(c) “Dealer” means a person who engages in the retail sale of paint directly to persons in California. “Dealer” includes a manufacturer of paint that sells that paint at retail directly to a person through any means, including, but not limited to, a transaction conducted through a sales outlet, catalog, or Internet Web site or any other similar electronic means.

(d) “Department” means the Department of Toxic Substances Control.

(e) “Manufacturer” means either of the following:

(1) A person who manufactures paint and who sells, offers for sale, or distributes the paint in the state.

(2) A person who imports paint into the state for sale or distribution, if there is no person described in paragraph (1) that is subject to the jurisdiction of the state.

(f) “Person” means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, city and county, district, commission, the state, or any department, agency, or political subdivision of any of those, any interstate body, and the United States and its agencies and instrumentalities to the extent permitted by law.

(g) “Retail sale” or a “sale at retail” has the same meaning as set forth in Section 6007 of the Revenue and Taxation Code.

(h) “Wholesaler” means any person who purchases paint from a manufacturer for the purpose of selling the paint to a dealer or high-volume customer.

25235.4.

 (a) On and after July 1, 2019, or on and after six months after the operative date of this chapter, whichever is later, a fee of ____ dollars ($_____) shall be imposed on a manufacturer for each gallon of paint it sells at retail to a person in California or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California.

(b) The California paint fee shall be paid to CDTFA in a manner and form as prescribed by CDTFA and at the time the return is required to be filed, as specified in Section 25235.8.

25235.6.

 (a) The California paint fee shall be collected by CDTFA in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For purposes of this section, the reference to “feepayer” shall include a dealer and manufacturer.

(b) Dealer and manufacturers shall register with CDTFA.

25235.8.

 (a) The return required to be filed pursuant to Section 55040 of the Revenue and Taxation Code shall be prepared and filed by the person required to register with CDTFA, in the form prescribed by CDTFA, and shall contain information CDTFA deems necessary or appropriate for the proper administration of this article and the Fee Collection Procedures Law. Except as provided in subdivision (b), the return shall be filed on or before the last day of the calendar month following the calender quarter to which the return relates, together with a remittance payable to CDTFA for the California paint fee amount due for that period. Returns shall be filed with CDTFA using electronic media and authenticated in a form, or pursuant to methods, as may be prescribed by CDTFA.

(b) CDTFA may require the payment of the California paint fee and the filing of the returns for other than quarterly periods.

25236.

 The California paint fee collected pursuant to this article shall be managed as follows:

(a) CDTFA shall retain moneys necessary for the payment of refunds and reimbursement of CDTFA expenses in the collection of the fees.

(b) The remaining moneys shall be deposited into the Lead-Based Paint Cleanup Fund, which is hereby created in the State Treasury, and is available upon appropriation by the Legislature to the department to provide grants to cities and counties for the investigation, abatement, or removal of lead-based paint from the interior or exterior, or both the interior and exterior, of single family or multifamily residences within their respective jurisdictions.

25236.2.

 This article shall become operative if the initiative measure titled “Eliminates Certain Liability for Lead-Paint Manufacturers. Authorizes Bonds to Fund Structural and Environmental Remediation Projects” by the Attorney General (Initiative 17-0049) is enacted and becomes operative.

SEC. 2.

 This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect. However, the provisions of this act shall become operative as provided pursuant to Section 25236.2 of the Health and Safety Code.

SECTION 1.Section 100825 of the Health and Safety Code is amended to read:

100825.

(a)This article shall be known, and may be cited, as the Environmental Laboratory Accreditation Act.

(b)Laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products, for regulatory purposes shall obtain a certificate of accreditation pursuant to this article.

(c)Unless the express language or context requires otherwise, the following definitions shall apply:

(1)“Accreditation” means the recognition of a laboratory by the department to conduct analyses of environmental samples for regulatory purposes.

(2)“Assessor body” means the organization that actually executes the accreditation process, including receiving and reviewing applications, documents, PT sample results, and onsite assessments.

(3)“Certificate” means a document issued by the department to a laboratory that has received accreditation pursuant to this article.

(4)“Department” means the State Water Resources Control Board.

(5)“Environmental samples” means potable and nonpotable surface waters or groundwaters, soils and sediments, hazardous wastes, biological materials, or any other sample designated for regulatory purposes.

(6)“NELAC” means the National Environmental Laboratory Accreditation Conference.

(7)“NELAC standards” refers to the requirements found in EPA publication number 600/R-98/151, November 1998, and any subsequent amendments that are adopted by EPA or the national program.

(8)“NELAP” means the National Environmental Laboratory Accreditation Program established by NELAC.

(9)“NELAP accreditation” means the accreditation of a laboratory that has met the requirements of the NELAC standards, and the requirements of this article.

(10)“NELAP accredited laboratory” means a laboratory that has met the standards of NELAC and has been accredited by a primary or secondary NELAP-recognized accrediting authority.

(11)“NELAP-recognized accrediting authority” means a state agency that is authorized by NELAP to accredit laboratories.

(12)“NELAP-recognized primary accrediting authority” means a state agency that is responsible for the accreditation of environmental laboratories within that state or that performs the primary accreditation of a lab from a non-NELAP state or where the laboratory’s home state does not offer accreditation in a given field of accreditation.

(13)“NELAP-recognized secondary accrediting authority” means a state agency that is authorized by NELAP to accredit environmental laboratories within that state that have been accredited by a NELAP-approved accrediting authority in another state.

(14)“Proficiency testing” or “PT” is a means of evaluating a laboratory’s performance under controlled conditions relative to a given set of criteria through analysis of unknown samples provided by an external source.

(15)“PT sample” means a sample used for proficiency testing.

(16)“Regulatory purposes” means a statutory or regulatory requirement of a state board, office, or department, or of a division or program that requires a laboratory certified under this article or of any other state or federal agency that requires a laboratory to be accredited.

(17)“Revocation” means the permanent loss of a certificate of accreditation, including all units and fields of accreditation for state accreditation and all fields of accreditation for NELAP accreditation.

(18)“State accreditation” means accreditation of a laboratory that has met the requirements of this article and regulations adopted by the department pursuant to this article.

(19)“Suspension” means the temporary loss of a certificate of accreditation or a unit or field of accreditation.