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AB-3009 Hazardous materials: lead-based paint.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB3009:v95#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  May 08, 2018
Amended  IN  Assembly  April 03, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3009


Introduced by Assembly Member Quirk
(Coauthors: Assembly Members Bloom, Bonta, Carrillo, Chiu, Limón, McCarty, Mullin, Mark Stone, and Ting)
(Coauthor: Senator Wiener)

February 16, 2018


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. 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 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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.
 This 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, or 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, or 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 article, whichever is later, a fee of one dollar ($1) two dollars ($2) 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 or manufacturer.
(b) Each dealer or manufacturer 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 (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). Except as provided in subdivision (b), the return shall be filed on or before the last day of the calendar month following the calendar 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.
(c) Moneys in the fund may be used to fund the repayment of the two billion dollars ($2,000,000,000) in bonds authorized to be issued and sold in 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), thereby supplanting General Fund moneys.

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.