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He was chosen for a spring 2017 residency at the Mesa Refuge to advance his research on California salmon.\r\n\r\nEmail Dan at: \u003ca href=\"mailto:dbrekke@kqed.org\">dbrekke@kqed.org\u003c/a>\r\n\r\n\u003cstrong>Twitter:\u003c/strong> \u003ca href=\"https://twitter.com/danbrekke\" rel=\"noopener noreferrer\">twitter.com/danbrekke\u003c/a>\r\n\u003cstrong>Facebook:\u003c/strong> \u003ca href=\"https://www.facebook.com/danbrekke\" rel=\"noopener noreferrer\">www.facebook.com/danbrekke\u003c/a>\r\n\u003cstrong>LinkedIn:\u003c/strong> \u003ca href=\"https://www.linkedin.com/in/danbrekke\" rel=\"noopener noreferrer\">www.linkedin.com/in/danbrekke\u003c/a>","avatar":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twitter":"danbrekke","facebook":null,"instagram":"https://www.instagram.com/dan.brekke/","linkedin":"https://www.linkedin.com/in/danbrekke/","sites":[{"site":"news","roles":["administrator","create_posts"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"quest","roles":["contributor"]},{"site":"food","roles":["contributor"]},{"site":"forum","roles":["contributor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Dan Brekke | KQED","description":"KQED Editor and Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/danbrekke"},"kqednewsstaffandwires":{"type":"authors","id":"237","meta":{"index":"authors_1591205172","id":"237","found":true},"name":"KQED News Staff and Wires","firstName":"KQED News Staff and Wires","lastName":null,"slug":"kqednewsstaffandwires","email":"onlinenewsstaff@kqed.org","display_author_email":false,"staff_mastheads":[],"title":null,"bio":null,"avatar":"https://secure.gravatar.com/avatar/72295af8ebbfbd19a4948f5271285664?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["contributor"]},{"site":"lowdown","roles":["author"]},{"site":"stateofhealth","roles":["contributor"]},{"site":"food","roles":["author"]}],"headData":{"title":"KQED News Staff and Wires | KQED","description":null,"ogImgSrc":"https://secure.gravatar.com/avatar/72295af8ebbfbd19a4948f5271285664?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/72295af8ebbfbd19a4948f5271285664?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/kqednewsstaffandwires"},"mleitsinger":{"type":"authors","id":"11310","meta":{"index":"authors_1591205172","id":"11310","found":true},"name":"Miranda Leitsinger","firstName":"Miranda","lastName":"Leitsinger","slug":"mleitsinger","email":"mleitsinger@KQED.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Miranda Leitsinger has worked in journalism as a reporter and editor since 2000, including seven years at The Associated Press in locales such as Cambodia and Puerto Rico, four years at NBC News Digital in New York and 2.5 years at CNN.com International in Hong Kong. Major stories she has covered included sexual abuse in the yoga community, the rise of women in local politics post-2016 election, the struggle over LGBTQ inclusion in the Boy Scouts, aftermath of the 2004 and 2011 tsunamis, the Aurora movie theater attack, the Newtown school shooting, Superstorm Sandy and the Boston Marathon bombing.","avatar":"https://secure.gravatar.com/avatar/cdd00de7be92aab3b7fd3d915e02033d?s=600&d=blank&r=g","twitter":"mimileitsinger","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["author"]},{"site":"news","roles":["subscriber"]},{"site":"futureofyou","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]}],"headData":{"title":"Miranda Leitsinger | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/cdd00de7be92aab3b7fd3d915e02033d?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/cdd00de7be92aab3b7fd3d915e02033d?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mleitsinger"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11761940":{"type":"posts","id":"news_11761940","meta":{"index":"posts_1591205157","site":"news","id":"11761940","score":null,"sort":[1563401280000]},"guestAuthors":[],"slug":"california-counties-to-get-share-of-305-million-lead-paint-settlement-after-decades-of-litigation","title":"California Counties to Get Share of $305 Million Lead Paint Settlement After Decades of Litigation","publishDate":1563401280,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Three paint manufacturers will pay $305 million to eight counties, including many in the Bay Area, and three cities to clean up lead paint, which poisons tens of thousands of children in California every year, the San Francisco City Attorney’s Office said Wednesday.\u003c/p>\n\u003cp>[pullquote size='small' align='right' citation='Sherwin-Williams']'This litigation ... challenged the companies’ legal advertising of lead-based paints over a century ago when lead-based paints were the gold standard ....'[/pullquote]\u003c/p>\n\u003cp>The \u003ca href=\"https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aebff20da-50a6-4c0d-9848-b087bca32872\" target=\"_blank\" rel=\"noopener\">settlement\u003c/a> came nearly 20 years after litigation initiated by the Santa Clara County Counsel’s Office began. Under the agreement, the defendants — ConAgra Grocery Products Co., Sherwin-Williams Co. and NL Industries Inc. — will pay the funds to Santa Clara, Alameda, Los Angeles, Monterey, San Mateo, Solano and Ventura counties; the city and county of San Francisco; and the cities of Oakland and San Diego.\u003c/p>\n\u003cp>The communities will split up the funds based on the number of homes with lead paint in each area.\u003c/p>\n\u003cp>“Today’s settlement holds former manufacturers of lead paint responsible for the harm they have caused to generations of California’s children,” Santa Clara County Counsel James R. Williams said in a statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The agreement ensures resources will go to address the lead paint crisis and give local governments flexibility in dealing with “this pervasive environmental hazard,” San Francisco City Attorney Dennis Herrera said in a statement.\u003c/p>\n\u003cp>“Lead paint has created a public health crisis for communities in California and across our nation,” he added.\u003c/p>\n\u003cp>[pullquote size='small' align='right' citation='Santa Clara County Counsel James R. Williams']'Today’s settlement holds former manufacturers of lead paint responsible for the harm they have caused to generations of California’s children.'[/pullquote]\u003c/p>\n\u003cp>In statements responding to the settlement, ConAgra said it was “pleased to have reached a resolution,” while NL said that, though the company “disputes it has any liability for any nuisance,” it looks forward to ending the litigation.\u003c/p>\n\u003cp>“This litigation ... challenged the companies’ legal advertising of lead-based paints over a century ago when lead-based paints were the ‘gold standard’ and specified for use by the federal government, as well as state and local governments across the country,” \u003ca href=\"https://investors.sherwin-williams.com/cs/Satellite?c=Page&childpagename=SWIR%2FSWIRLayout&cid=1385095405046&pagename=SWIRWrapper\" target=\"_blank\" rel=\"noopener\">Sherwin-Williams said\u003c/a>.\u003c/p>\n\u003cp>“The agreement among the parties dissolves the residential lead paint abatement program that plaintiffs sought from the court and represents a significant reduction in their recovery.”\u003c/p>\n\u003cp>[aside tag='lead-paint' label='More Coverage']\u003c/p>\n\u003cp>Young children are particularly vulnerable to lead poisoning, and its effects are irreversible. Lead paint can harm a child’s nervous system and brain. High amounts of exposure to it can damage major organs and even lead to death, according to the state’s \u003ca href=\"https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/CLPPB/Pages/CLPPBhome.aspx\" target=\"_blank\" rel=\"noopener\">Childhood Lead Poisoning Prevention Branch\u003c/a>.\u003c/p>\n\u003cp>Lead paint was banned for residential use in 1978, but remains in millions of homes in California and is the leading cause of childhood lead poisoning statewide, said the San Francisco City Attorney’s Office.\u003c/p>\n\u003cp>Santa Clara County Superior Court ruled in 2014 that the three manufacturers were liable for knowingly marketing lead paint, a toxic product. The court ordered the manufacturers to clean up lead paint in homes built before 1978 in the three cities and eight counties.\u003c/p>\n\u003cp>California's Court of Appeal in 2017 limited the manufacturers’ liability to clean up homes constructed before 1951.\u003c/p>\n\u003cp>With Wednesday’s settlement, each of the cities and counties can immediately access abatement funds and craft cleanup programs for their communities.\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/6205434-2019-07-17-JOINT-MTN-for-JUDGMENT-EXH-a-File.html\" responsive=true height=800]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Lead paint was banned for residential use in 1978, but it remains in millions of homes in California and is the leading cause of childhood lead poisoning statewide, said the San Francisco City Attorney’s Office.","status":"publish","parent":0,"modified":1563403383,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":621},"headData":{"title":"California Counties to Get Share of $305 Million Lead Paint Settlement After Decades of Litigation | KQED","description":"Lead paint was banned for residential use in 1978, but it remains in millions of homes in California and is the leading cause of childhood lead poisoning statewide, said the San Francisco City Attorney’s Office.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Counties to Get Share of $305 Million Lead Paint Settlement After Decades of Litigation","datePublished":"2019-07-17T22:08:00.000Z","dateModified":"2019-07-17T22:43:03.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11761940 https://ww2.kqed.org/news/?p=11761940","disqusUrl":"https://ww2.kqed.org/news/2019/07/17/california-counties-to-get-share-of-305-million-lead-paint-settlement-after-decades-of-litigation/","disqusTitle":"California Counties to Get Share of $305 Million Lead Paint Settlement After Decades of Litigation","path":"/news/11761940/california-counties-to-get-share-of-305-million-lead-paint-settlement-after-decades-of-litigation","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Three paint manufacturers will pay $305 million to eight counties, including many in the Bay Area, and three cities to clean up lead paint, which poisons tens of thousands of children in California every year, the San Francisco City Attorney’s Office said Wednesday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'This litigation ... challenged the companies’ legal advertising of lead-based paints over a century ago when lead-based paints were the gold standard ....'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Sherwin-Williams","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The \u003ca href=\"https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aebff20da-50a6-4c0d-9848-b087bca32872\" target=\"_blank\" rel=\"noopener\">settlement\u003c/a> came nearly 20 years after litigation initiated by the Santa Clara County Counsel’s Office began. Under the agreement, the defendants — ConAgra Grocery Products Co., Sherwin-Williams Co. and NL Industries Inc. — will pay the funds to Santa Clara, Alameda, Los Angeles, Monterey, San Mateo, Solano and Ventura counties; the city and county of San Francisco; and the cities of Oakland and San Diego.\u003c/p>\n\u003cp>The communities will split up the funds based on the number of homes with lead paint in each area.\u003c/p>\n\u003cp>“Today’s settlement holds former manufacturers of lead paint responsible for the harm they have caused to generations of California’s children,” Santa Clara County Counsel James R. Williams said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The agreement ensures resources will go to address the lead paint crisis and give local governments flexibility in dealing with “this pervasive environmental hazard,” San Francisco City Attorney Dennis Herrera said in a statement.\u003c/p>\n\u003cp>“Lead paint has created a public health crisis for communities in California and across our nation,” he added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Today’s settlement holds former manufacturers of lead paint responsible for the harm they have caused to generations of California’s children.'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Santa Clara County Counsel James R. Williams","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In statements responding to the settlement, ConAgra said it was “pleased to have reached a resolution,” while NL said that, though the company “disputes it has any liability for any nuisance,” it looks forward to ending the litigation.\u003c/p>\n\u003cp>“This litigation ... challenged the companies’ legal advertising of lead-based paints over a century ago when lead-based paints were the ‘gold standard’ and specified for use by the federal government, as well as state and local governments across the country,” \u003ca href=\"https://investors.sherwin-williams.com/cs/Satellite?c=Page&childpagename=SWIR%2FSWIRLayout&cid=1385095405046&pagename=SWIRWrapper\" target=\"_blank\" rel=\"noopener\">Sherwin-Williams said\u003c/a>.\u003c/p>\n\u003cp>“The agreement among the parties dissolves the residential lead paint abatement program that plaintiffs sought from the court and represents a significant reduction in their recovery.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"lead-paint","label":"More Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Young children are particularly vulnerable to lead poisoning, and its effects are irreversible. Lead paint can harm a child’s nervous system and brain. High amounts of exposure to it can damage major organs and even lead to death, according to the state’s \u003ca href=\"https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/CLPPB/Pages/CLPPBhome.aspx\" target=\"_blank\" rel=\"noopener\">Childhood Lead Poisoning Prevention Branch\u003c/a>.\u003c/p>\n\u003cp>Lead paint was banned for residential use in 1978, but remains in millions of homes in California and is the leading cause of childhood lead poisoning statewide, said the San Francisco City Attorney’s Office.\u003c/p>\n\u003cp>Santa Clara County Superior Court ruled in 2014 that the three manufacturers were liable for knowingly marketing lead paint, a toxic product. The court ordered the manufacturers to clean up lead paint in homes built before 1978 in the three cities and eight counties.\u003c/p>\n\u003cp>California's Court of Appeal in 2017 limited the manufacturers’ liability to clean up homes constructed before 1951.\u003c/p>\n\u003cp>With Wednesday’s settlement, each of the cities and counties can immediately access abatement funds and craft cleanup programs for their communities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/6205434-2019-07-17-JOINT-MTN-for-JUDGMENT-EXH-a-File.html","responsive":"true","height":"800","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11761940/california-counties-to-get-share-of-305-million-lead-paint-settlement-after-decades-of-litigation","authors":["11310"],"programs":["news_72"],"categories":["news_457","news_6266","news_6188","news_8","news_356"],"tags":["news_5358","news_5355","news_5356","news_18","news_4486","news_38","news_5359","news_17041"],"featImg":"news_11761963","label":"news_72"},"news_11678671":{"type":"posts","id":"news_11678671","meta":{"index":"posts_1591205157","site":"news","id":"11678671","score":null,"sort":[1530560085000]},"guestAuthors":[],"slug":"special-interests-win-as-lawmakers-cut-deals-to-pull-initiatives-off-your-ballot","title":"Special Interests Win as Lawmakers Cut Deals to Pull Initiatives Off Your Ballot","publishDate":1530560085,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>In a frenzy of Capitol wheeling and dealing last week, California legislators worked to pass new laws that will shorten your November ballot—by placating moneyed industries.\u003c/p>\n\u003cp>An optimist might cheer the fact that lawmakers were doing their jobs instead of punting to the voters to decide complicated policy questions via a slew of initiatives. Others might label it legal extortion.\u003c/p>\n\u003cp>Whatever you call it, in one day on Thursday, proponents of three initiatives abruptly pulled their measures off the ballot. Gov. Jerry Brown signed two hastily written laws, and legislators promised to keep negotiating toward a deal to enact a third.\u003c/p>\n\u003cul>\n\u003cli>The soda industry won a new law that places a 13-year ban on new soda taxes—a concession it extracted after qualifying a ballot initiative that would have raised the threshold for passing all local taxes.\u003c/li>\n\u003cli>Tech companies breathed a sigh of relief with passage of a new law that expands some internet privacy safeguards but allows them to keep lobbying to change it—because they feared voters would approve a qualified ballot initiative that would have gone further, and been harder to undo in the future.\u003c/li>\n\u003cli>Lead paint companies, accepting a promise from legislative leaders to continue negotiations, withdrew their initiative designed to get them out of hundreds of millions of dollars in liability that courts have slapped on them for knowingly selling a toxic product.\u003c/li>\n\u003c/ul>\n\u003cp>It was an unusual burst of activity, not only because so much happened so quickly, but also because lawmakers resolved issues they had previously shown little inclination to tackle.\u003c/p>\n\u003cp>And it went down only because outside interests—corporate giants and wealthy individuals, many of whom are campaign donors—used the threat of a ballot initiative to pressure lawmakers: Cut a deal you don’t like now, or face something you like even less on the ballot.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The maneuvering in advance of last Thursday’s deadline to decide what goes on the November ballot was triggered by changes to the law that give initiative proponents more time to yank their measures off the ballot. The \u003ca href=\"https://calmatters.org/articles/ballot-of-the-bulge-why-a-new-law-isnt-shrinking-the-ballot-much-yet/\" target=\"_blank\" rel=\"noopener\">reforms,\u003c/a> enacted four years ago but just beginning to be used in earnest, were intended to eliminate some costly ballot box fights and shift complex policy negotiations to the Legislature.\u003c/p>\n\u003cp>That, in some ways, was accomplished. But the outcome last week reveals that the new process allows anyone with enough money to qualify a measure for the ballot to use the threat of direct democracy as leverage to pressure the Legislature.\u003c/p>\n\u003cp>It’s “another example of how special interests hijack our political system,” Democratic state Sen. Ricardo Lara decried on the Senate floor as he prepared to vote for the ban on soda taxes.\u003c/p>\n\u003cp>Democratic Assemblyman Jim Wood of Healdsburg called it “extortion.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More About the Ban on Soda Taxes\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11677975/california-bows-to-beverage-industry-blocks-soda-taxes\" target=\"_blank\" rel=\"noopener\">California Bows to Beverage Industry, Blocks Soda Taxes\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Legislators hadn’t considered bills to prohibit cities from passing new soda taxes until the soda industry spent nearly $6 million to put a measure on the ballot that would have made it harder for cities to pass all kinds of tax increases. The measure, supported by a coalition of business groups, would have required any new tax increases be approved by two-thirds of voters, instead of a simple majority.\u003c/p>\n\u003cp>Cities—and their unionized workers—hated it, since many tax increases are used to pay for police, firefighters and other local services. So the unions and soda companies began negotiating, ultimately crafting \u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article213765429.html\" target=\"_blank\" rel=\"noopener\">a deal\u003c/a> that became public just four days before it was signed into law.\u003c/p>\n\u003cp>The compromise Brown signed bans local governments from passing taxes on soda and other groceries until 2031, but maintains the lower simple-majority threshold for voters to approve new taxes.\u003c/p>\n\u003cp>Republicans called it a “backroom deal” to diminish local control and many voted against it. Public health advocates blasted it for different reasons, saying the ban removed their ability to reduce the health impacts of soda by taxing it, prompting several Democrats to vote against it, too.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More About the Privacy Initiative\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11676475/compromise-may-keep-privacy-initiative-off-november-ballot\" target=\"_blank\" rel=\"noopener\">Compromise May Keep Privacy Initiative Off November Ballot\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Dynamics with the internet privacy measure were a little different. Legislators had considered a privacy bill last year but ultimately killed it under pressure from the tech lobby. Then this year a San Francisco real estate developer poured $3 million into putting \u003ca href=\"https://calmatters.org/articles/facebook-even-as-it-apologizes-for-scandal-funds-campaign-to-block-a-california-data-privacy-measure/\" target=\"_blank\" rel=\"noopener\">a similar measure\u003c/a> on the ballot after he became outraged by how much data companies collect as people move through the web. Tech companies put $1 million into fighting it.\u003c/p>\n\u003cp>Behind the scenes, legislators began negotiating with the initiative proponent, Alastair Mactaggart. They agreed on a bill that achieved many of the same aims as his ballot measure—allowing Californians to find out what information is collected about them and where the information is sold, and opt out of having their data sold—but gives people fewer opportunities to sue when companies don’t follow the law. The bill also allows companies to charge users more, within certain limits, if they opt out of having their data sold.\u003c/p>\n\u003cp>Tech companies still don’t like it, but their lobbyists said they would prefer the bill over the ballot measure. Laws passed in the Legislature can be changed more easily than laws passed by voters, and lawmakers agreed to delay implementation of the privacy law for a year so it can be changed. That means tech lobbyists are likely to push hard next year to alter it.\u003c/p>\n\u003cp>The American Civil Liberties Union said it will also push for changes, but likely in the other direction—for more privacy protections. Nonetheless, the bill earned bipartisan support, with many lawmakers praising Mactaggart for pressuring them to take action.\u003c/p>\n\u003cp>“We know that privacy is an important issue, and yet we chose to ignore it because of the controversy involved,” said Republican Sen. Joel Anderson of Alpine.\u003c/p>\n\u003cp>Assembly Speaker Anthony Rendon said the initiative process “is not perfect or ideal.”\u003c/p>\n\u003cp>“But,” he added, “it can spur the Legislature to act on issues that challenge us.”\u003c/p>\n\u003cp>The lead paint deal was the biggest surprise of the three. Paint companies put $6 million into a campaign \u003ca href=\"https://calmatters.org/articles/lead-paint-makers-balk-at-huge-bill-for-toxic-cleanup-instead-they-want-you-to-pick-up-the-tab/\" target=\"_blank\" rel=\"noopener\">for a ballot measure\u003c/a> to eliminate their liability for cleaning up deteriorating paint in old houses—shifting it to taxpayers instead. In recent months, lawmakers excoriated the companies in public hearings, called the initiative a cynical ploy and crafted bills to hold the paint manufacturers liable.\u003c/p>\n\u003cp>Lawmakers agreed to set those bills aside in exchange for the paint companies dropping their initiative. Legislative leaders announced late Thursday that the parties “have agreed to work collaboratively” and the companies promptly yanked their ballot measure.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More About the 12 Statewide Ballot Measures\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11677374/here-are-the-12-statewide-measures-on-californias-november-ballot\" target=\"_blank\" rel=\"noopener\">Here Are the 12 Statewide Measures on California's November Ballot\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Voters will still face \u003ca href=\"https://calmatters.org/articles/california-ballot-measures-2018-election/\" target=\"_blank\" rel=\"noopener\">a dozen ballot measures\u003c/a> in November: Should we cap prices at dialysis clinics? Repeal limits on rent control? Carve California into three states? Give chickens and other farm animals more room to roam?\u003c/p>\n\u003cp>But the news that three fights moved off the ballot and into the Capitol marked success for those who backed the law to change the initiative system.\u003c/p>\n\u003cp>“Initiatives are a very important outlet but they are not the product of compromise—they are written by one side or the other,” said Sacramento Mayor Darrell Steinberg, who wrote the law changing the initiative process when he was the leader of the state senate. “The legislative process requires compromise.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>CALmatters reporter Robbie Short contributed to this report. CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"California legislators worked to pass new laws that will shorten your November ballot—by placating moneyed industries.","status":"publish","parent":0,"modified":1530571328,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1300},"headData":{"title":"Special Interests Win as Lawmakers Cut Deals to Pull Initiatives Off Your Ballot | KQED","description":"California legislators worked to pass new laws that will shorten your November ballot—by placating moneyed industries.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Special Interests Win as Lawmakers Cut Deals to Pull Initiatives Off Your Ballot","datePublished":"2018-07-02T19:34:45.000Z","dateModified":"2018-07-02T22:42:08.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11678671 https://ww2.kqed.org/news/?p=11678671","disqusUrl":"https://ww2.kqed.org/news/2018/07/02/special-interests-win-as-lawmakers-cut-deals-to-pull-initiatives-off-your-ballot/","disqusTitle":"Special Interests Win as Lawmakers Cut Deals to Pull Initiatives Off Your Ballot","nprByline":"Laurel Rosenhall\u003cbr/>\u003cstrong/>CALmatters\u003c/strong>\u003c/br>","path":"/news/11678671/special-interests-win-as-lawmakers-cut-deals-to-pull-initiatives-off-your-ballot","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In a frenzy of Capitol wheeling and dealing last week, California legislators worked to pass new laws that will shorten your November ballot—by placating moneyed industries.\u003c/p>\n\u003cp>An optimist might cheer the fact that lawmakers were doing their jobs instead of punting to the voters to decide complicated policy questions via a slew of initiatives. Others might label it legal extortion.\u003c/p>\n\u003cp>Whatever you call it, in one day on Thursday, proponents of three initiatives abruptly pulled their measures off the ballot. Gov. Jerry Brown signed two hastily written laws, and legislators promised to keep negotiating toward a deal to enact a third.\u003c/p>\n\u003cul>\n\u003cli>The soda industry won a new law that places a 13-year ban on new soda taxes—a concession it extracted after qualifying a ballot initiative that would have raised the threshold for passing all local taxes.\u003c/li>\n\u003cli>Tech companies breathed a sigh of relief with passage of a new law that expands some internet privacy safeguards but allows them to keep lobbying to change it—because they feared voters would approve a qualified ballot initiative that would have gone further, and been harder to undo in the future.\u003c/li>\n\u003cli>Lead paint companies, accepting a promise from legislative leaders to continue negotiations, withdrew their initiative designed to get them out of hundreds of millions of dollars in liability that courts have slapped on them for knowingly selling a toxic product.\u003c/li>\n\u003c/ul>\n\u003cp>It was an unusual burst of activity, not only because so much happened so quickly, but also because lawmakers resolved issues they had previously shown little inclination to tackle.\u003c/p>\n\u003cp>And it went down only because outside interests—corporate giants and wealthy individuals, many of whom are campaign donors—used the threat of a ballot initiative to pressure lawmakers: Cut a deal you don’t like now, or face something you like even less on the ballot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The maneuvering in advance of last Thursday’s deadline to decide what goes on the November ballot was triggered by changes to the law that give initiative proponents more time to yank their measures off the ballot. The \u003ca href=\"https://calmatters.org/articles/ballot-of-the-bulge-why-a-new-law-isnt-shrinking-the-ballot-much-yet/\" target=\"_blank\" rel=\"noopener\">reforms,\u003c/a> enacted four years ago but just beginning to be used in earnest, were intended to eliminate some costly ballot box fights and shift complex policy negotiations to the Legislature.\u003c/p>\n\u003cp>That, in some ways, was accomplished. But the outcome last week reveals that the new process allows anyone with enough money to qualify a measure for the ballot to use the threat of direct democracy as leverage to pressure the Legislature.\u003c/p>\n\u003cp>It’s “another example of how special interests hijack our political system,” Democratic state Sen. Ricardo Lara decried on the Senate floor as he prepared to vote for the ban on soda taxes.\u003c/p>\n\u003cp>Democratic Assemblyman Jim Wood of Healdsburg called it “extortion.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More About the Ban on Soda Taxes\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11677975/california-bows-to-beverage-industry-blocks-soda-taxes\" target=\"_blank\" rel=\"noopener\">California Bows to Beverage Industry, Blocks Soda Taxes\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Legislators hadn’t considered bills to prohibit cities from passing new soda taxes until the soda industry spent nearly $6 million to put a measure on the ballot that would have made it harder for cities to pass all kinds of tax increases. The measure, supported by a coalition of business groups, would have required any new tax increases be approved by two-thirds of voters, instead of a simple majority.\u003c/p>\n\u003cp>Cities—and their unionized workers—hated it, since many tax increases are used to pay for police, firefighters and other local services. So the unions and soda companies began negotiating, ultimately crafting \u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article213765429.html\" target=\"_blank\" rel=\"noopener\">a deal\u003c/a> that became public just four days before it was signed into law.\u003c/p>\n\u003cp>The compromise Brown signed bans local governments from passing taxes on soda and other groceries until 2031, but maintains the lower simple-majority threshold for voters to approve new taxes.\u003c/p>\n\u003cp>Republicans called it a “backroom deal” to diminish local control and many voted against it. Public health advocates blasted it for different reasons, saying the ban removed their ability to reduce the health impacts of soda by taxing it, prompting several Democrats to vote against it, too.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More About the Privacy Initiative\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11676475/compromise-may-keep-privacy-initiative-off-november-ballot\" target=\"_blank\" rel=\"noopener\">Compromise May Keep Privacy Initiative Off November Ballot\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Dynamics with the internet privacy measure were a little different. Legislators had considered a privacy bill last year but ultimately killed it under pressure from the tech lobby. Then this year a San Francisco real estate developer poured $3 million into putting \u003ca href=\"https://calmatters.org/articles/facebook-even-as-it-apologizes-for-scandal-funds-campaign-to-block-a-california-data-privacy-measure/\" target=\"_blank\" rel=\"noopener\">a similar measure\u003c/a> on the ballot after he became outraged by how much data companies collect as people move through the web. Tech companies put $1 million into fighting it.\u003c/p>\n\u003cp>Behind the scenes, legislators began negotiating with the initiative proponent, Alastair Mactaggart. They agreed on a bill that achieved many of the same aims as his ballot measure—allowing Californians to find out what information is collected about them and where the information is sold, and opt out of having their data sold—but gives people fewer opportunities to sue when companies don’t follow the law. The bill also allows companies to charge users more, within certain limits, if they opt out of having their data sold.\u003c/p>\n\u003cp>Tech companies still don’t like it, but their lobbyists said they would prefer the bill over the ballot measure. Laws passed in the Legislature can be changed more easily than laws passed by voters, and lawmakers agreed to delay implementation of the privacy law for a year so it can be changed. That means tech lobbyists are likely to push hard next year to alter it.\u003c/p>\n\u003cp>The American Civil Liberties Union said it will also push for changes, but likely in the other direction—for more privacy protections. Nonetheless, the bill earned bipartisan support, with many lawmakers praising Mactaggart for pressuring them to take action.\u003c/p>\n\u003cp>“We know that privacy is an important issue, and yet we chose to ignore it because of the controversy involved,” said Republican Sen. Joel Anderson of Alpine.\u003c/p>\n\u003cp>Assembly Speaker Anthony Rendon said the initiative process “is not perfect or ideal.”\u003c/p>\n\u003cp>“But,” he added, “it can spur the Legislature to act on issues that challenge us.”\u003c/p>\n\u003cp>The lead paint deal was the biggest surprise of the three. Paint companies put $6 million into a campaign \u003ca href=\"https://calmatters.org/articles/lead-paint-makers-balk-at-huge-bill-for-toxic-cleanup-instead-they-want-you-to-pick-up-the-tab/\" target=\"_blank\" rel=\"noopener\">for a ballot measure\u003c/a> to eliminate their liability for cleaning up deteriorating paint in old houses—shifting it to taxpayers instead. In recent months, lawmakers excoriated the companies in public hearings, called the initiative a cynical ploy and crafted bills to hold the paint manufacturers liable.\u003c/p>\n\u003cp>Lawmakers agreed to set those bills aside in exchange for the paint companies dropping their initiative. Legislative leaders announced late Thursday that the parties “have agreed to work collaboratively” and the companies promptly yanked their ballot measure.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More About the 12 Statewide Ballot Measures\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11677374/here-are-the-12-statewide-measures-on-californias-november-ballot\" target=\"_blank\" rel=\"noopener\">Here Are the 12 Statewide Measures on California's November Ballot\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Voters will still face \u003ca href=\"https://calmatters.org/articles/california-ballot-measures-2018-election/\" target=\"_blank\" rel=\"noopener\">a dozen ballot measures\u003c/a> in November: Should we cap prices at dialysis clinics? Repeal limits on rent control? Carve California into three states? Give chickens and other farm animals more room to roam?\u003c/p>\n\u003cp>But the news that three fights moved off the ballot and into the Capitol marked success for those who backed the law to change the initiative system.\u003c/p>\n\u003cp>“Initiatives are a very important outlet but they are not the product of compromise—they are written by one side or the other,” said Sacramento Mayor Darrell Steinberg, who wrote the law changing the initiative process when he was the leader of the state senate. “The legislative process requires compromise.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>CALmatters reporter Robbie Short contributed to this report. CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11678671/special-interests-win-as-lawmakers-cut-deals-to-pull-initiatives-off-your-ballot","authors":["byline_news_11678671"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18862","news_2414","news_30","news_5355","news_3448"],"affiliates":["news_18481"],"featImg":"news_11678683","label":"news_72"},"news_11668651":{"type":"posts","id":"news_11668651","meta":{"index":"posts_1591205157","site":"news","id":"11668651","score":null,"sort":[1526734823000]},"guestAuthors":[],"slug":"persistent-poison-skyrocketing-rents-trap-families-in-homes-with-lead-paint","title":"Persistent Poison: Skyrocketing Rents Trap Families in Homes with Lead Paint","publishDate":1526734823,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>\u003ca href=\"http://itunes.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\" rel=\"noopener\" target=\"_blank\">Listen to this and more in-depth storytelling by subscribing to The California Report Magazine podcast.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>We meet Souleika Dirieh and Tarek Cherif at \u003ca href=\"https://cuesa.org/seller/hummus-heaven\" target=\"_blank\" rel=\"noopener\">the hummus factory\u003c/a> they own in San Leandro. \u003c/p>\n\u003cp>Their three-year-old daughter Kawkeb loves playing outdoors. She runs between empty food crates, deep in a game of hide-and-go-seek with her mom.\u003c/p>\n\u003cp>Inside the factory, the Cherifs and their employees make dozens of different types of hummus. Piles of ripped pita bread sizzle in the deep fryer before being sprinkled with spices. They're packaged and shipped off to farmers markets around the Bay Area.\u003c/p>\n\u003cfigure id=\"attachment_11668659\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11668659\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Souleika Dirieh stands in front of the hummus shop she and her husband own in San Leandro. They believe their daughter got lead poisoning from an apartment they used to rent down the street. \u003ccite>(Angela Johnston)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The hummus factory is right down the street from the studio apartment this family used to live in. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That’s where their lead poisoning story began, a little over three years ago.\u003c/p>\n\u003ch2>A Hidden Problem\u003c/h2>\n\u003cp>Tarek had just opened the business. He worked late nights, sleeping on the couch so he wouldn't disturb his wife and daughter when he came home.\u003c/p>\n\u003cp>“One day I got sick,” he says. “For three days I was sick in the house. I couldn't even move.”\u003c/p>\n\u003cp>He just couldn’t shake the lingering cold. Souleika and Kawkeb got it too. Her parents say their little girl was sick for about six months with cold symptoms.\u003c/p>\n\u003cp>The family only seemed to get better when they left the apartment, like when they went on vacation. Then, one day, Tarek realized he couldn’t find his wedding ring. They tore apart the house looking for it, pulling out the dresser and peering down the sink.\u003c/p>\n\u003cp>“We flipped the couch over and everything was green, green and black,” Tarek says.\u003c/p>\n\u003cp>There was mold everywhere.\u003c/p>\n\u003cp>“I couldn't believe it. I mean, I was in shock,\" says Tarek.\u003c/p>\n\u003cp>He says rainwater that collected on the roof seeped into their walls and onto the floor. The mold was disgusting, but they were about to discover something worse.\u003c/p>\n\u003cp>They took Kawkeb to the hospital to see if the mold was making her sick. The doctors ran other tests, too.\u003c/p>\n\u003cp>“That’s when we realized that she had lead [poisoning],\" says Tarek. \"Honestly, the only thing I could think of was that it came from the apartment.”\u003c/p>\n\u003ch2>A Serious Discovery\u003c/h2>\n\u003cp>The Centers for Disease Control and Prevention say \u003ca href=\"https://www.cdc.gov/nceh/lead/\">there is no safe level for lead\u003c/a>, but the threshold for intervention is when blood shows more than 5 micrograms of lead per deciliter of blood. Kawkeb’s blood registered a lead level of 23.\u003c/p>\n\u003cp>“She stopped eating at first. She was always crying for no reason,\" Souleika recalls. \"Under her eyes were dark circles, and she wanted only my breast milk and not other food, and she would sleep a lot.\"\u003c/p>\n\u003cp>That unusual behavior terrified Souleika.\u003c/p>\n\u003cp>\"I blamed myself,\" she says. \"I thought I didn't take care of her and that she ate something that I did not pay attention to.\"\u003c/p>\n\u003cp>The Cherifs came to the U.S. from Africa: Souleika from Djibouti and Tarek from Tunisia. \u003c/p>\n\u003cp>“You know, most of the time I don't hear American kids got lead,” says Souleika.\u003c/p>\n\u003ch2>Response Network Kicks Into Gear\u003c/h2>\n\u003cp>The doctor immediately faxed Kawkeb’s high results to the county. Diep Tran, a county public health nurse, called the Cherifs, and the \u003ca href=\"http://www.achhd.org/\" target=\"_blank\" rel=\"noopener\">Alameda County Healthy Homes\u003c/a> department came by to inspect the property for lead.\u003c/p>\n\u003cp>The Cherifs say by the time the county inspectors got there, the landlord had painted over the mold and the lead, so they couldn’t find any initial evidence. Painting over lead does contain it, temporarily solving the problem and making it undetectable.\u003c/p>\n\u003cp>But county officials concluded that when Kawkeb got sick, the mold must have worn down the lead paint on the walls. Lead particles made their way into the air, and onto the floor where Kawkeb used to play.\u003c/p>\n\u003cp>“She would get affected more than us,” Tarek says. “We could breathe [it in], but because we are adults we could get rid of it faster than she does.”\u003c/p>\n\u003cp>Once they got Kawkeb into the county’s lead reduction program, the Cherifs moved out temporarily, staying with family while the landlord said he would finish the repairs.\u003c/p>\n\u003cp>But as soon as they moved back in, Kawkeb’s lead levels didn’t go down like they should. The whole family started to get sick again. Tarek says he could tell the mold and lead weren’t really gone. He called the landlord.\u003c/p>\n\u003cp>“I took him inside the house and I showed them the same problem again,” Tarek says. “He wanted to move me to another apartment.” It was a neighboring unit in the building. Tarek wanted the county to come and inspect that unit, too.\u003c/p>\n\u003cp>“I told him, 'before I could move to another apartment, I'm going to bring in a whole team and test the place and then I'll move. If it's safe, I'll move.' And I think that's what actually triggered everything. He evicted us right after that,” Tarek says.\u003c/p>\n\u003ch2>The Legal Battle Begins\u003c/h2>\n\u003cp>The Cherifs claim their landlord evicted them because they started to put up a fight. They’ve sued their former landlord for wrongful eviction and a host of other habitability claims. Basically, they allege their apartment wasn’t safe to live in.\u003c/p>\n\u003cp>“The same day he kicked us out he had another family move into the apartment,\" claims Tarek. \"He didn’t even clean it. He didn't do a thing. Nothing. I mean we moved out at midnight, and a new family came in at 8 a.m., and they were already in the apartment.\"\u003c/p>\n\u003cp>We spoke with the lawyer who represents both Cherifs’ former landlord and the property management company. He said he can’t comment because the case is ongoing, but that his clients “categorically deny any and all of the Cherifs’ claims,” and have not seen any evidence with merit.\u003c/p>\n\u003cp>Tarek Cherif says he’s worried someone else will get sick staying in his old apartment building.\u003c/p>\n\u003cp>\"I know my neighbors, they're afraid because the rent is still kind of low. So, they don't want to move out even though they know there are all these problems,\" he said. \u003c/p>\n\u003ch2>Lead-free, but not cheap\u003c/h2>\n\u003cp>The Cherifs paid just under $900 per month for their old place. The fair market rent for a studio in Alameda County is just over \u003ca href=\"https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2018_code/2018summary.odn\" target=\"_blank\" rel=\"noopener\">$1500\u003c/a> and many go for more.\u003c/p>\n\u003cp>When they searched for a new place in San Leandro near Tarek’s hummus shop, they couldn’t find anything. Eventually, they moved to Milpitas, a 40-minute drive away, into a house they shared with Tarek’s brother’s family, creating a joint household of seven people.\u003c/p>\n\u003cp>Their rent nearly quadrupled, but the house is safe. Tarek says he had it tested as soon as he moved in. More importantly, he says, Kawkeb’s acting like herself again.\u003c/p>\n\u003cp>“She's developing normally, she's grown normal. I mean she speaks, what, seven or eight languages,” Tarek says. “She counts, she knows numbers.”\u003c/p>\n\u003cp>Her lead levels have gone down significantly, too.\u003c/p>\n\u003cp>“She's fine,” Souleika chimes in. “She's eating well, she's playing. She's hundred percent healthy, and I’m happy.”\u003c/p>\n\u003cp>For a family dealing with a lead-poisoned child, the Cherifs were actually lucky. They had a safety net, some savings and family they could move in with.\u003c/p>\n\u003cp>What happens to the families that don't have anywhere else to move once they discover their child has lead poisoning?\u003c/p>\n\u003cp>Diep Tran, the nurse who handles severe lead poisoning cases in Alameda County, says she strongly urges families to move if the lead problem is too difficult to fix or the property owners can’t be persuaded. State laws dictate landlords must maintain the property — including addressing lead hazards if there is a lead poisoned child.\u003c/p>\n\u003cp>Tran says landlords can claim that they want to sell the property instead.\u003c/p>\n\u003cp>“What if they're really not trying to sell the property and they just want the family to move so they don't have to do the work?\" asks Tran. \"I cannot go back in three months and snoop around and see that that's what the property owners meant when they said that they are selling. Sometimes they evict the family, and they change their mind.”\u003c/p>\n\u003cp>Then, the homeowners can rent to someone who can pay more, or sell the property altogether. She says sometimes this type of gentrification can result in lead cleanup.\u003c/p>\n\u003cp>“After a low-income family moves out, the property owners repaint and remodel the apartment or the house and can charge double or triple the price.”\u003c/p>\n\u003cp>Tran says when families have no other options, she actually may encourage them to go to a homeless shelter. That actually ups their chance of getting affordable and lead-safe housing.\u003c/p>\n\u003cp>Other families, Tran says, move to Stockton, Antioch, Vallejo or Concord — suburbs on the edge of the Bay Area or Central Valley with cheaper, newer homes that don’t have lead paint.\u003c/p>\n\u003cp>In California, some eight million homes were built before lead paint was banned in the 1970s. There are some 400,00 such homes in Alameda County alone.\u003c/p>\n\u003cfigure id=\"attachment_11668663\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11668663\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-800x568.jpg\" alt=\"\" width=\"800\" height=\"568\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-800x568.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-1020x725.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-1200x853.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-1180x838.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-960x682.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-240x171.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-375x266.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-520x369.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Alameda County's public health department put together this lead poisoning heat map that accounts for several risk factors like race, poverty level, education, and age of homes. There is a higher risk of lead poisoning in the darker areas. \u003ccite>(Alameda County's Community Assessment Planning Evaluation (CAPE))\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>To follow up on her hunch, we called a handful of Bay Area fair-housing agencies. They told us they’re seeing an alarming trend: clusters of refugees and immigrants in unsafe housing. That practice of landlords taking advantage of people they know won't be able to fight back is called \u003ca href=\"http://ced.berkeley.edu/downloads/gallery/incity/su13/incity_bayarea_voicesoftheregion_2013.pdf\" target=\"_blank\" rel=\"noopener\">predatory habitability\u003c/a>.\u003c/p>\n\u003cp>That's no surprise to Souleika Cherif. She says, older housing stock often ends up going to people who have fewer resources to deal with problems like lead.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This is part of a \u003ca href=\"http://kalw.org/post/lead-and-bay-area-housing-crisis\" target=\"_blank\" rel=\"noopener\">longer story\u003c/a> in a KALW series \u003ca href=\"http://kalw.org/term/persistent-poison-leads-toxic-legacy-bay-area\" target=\"_blank\" rel=\"noopener\">“Persistent Poison: Lead’s Toxic Legacy in the Bay Area.\"\u003c/a>\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The Cherifs had a good deal on an apartment, but paid a high price when their daughter got lead poisoning. ","status":"publish","parent":0,"modified":1526950266,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":56,"wordCount":1795},"headData":{"title":"Persistent Poison: Skyrocketing Rents Trap Families in Homes with Lead Paint | KQED","description":"The Cherifs had a good deal on an apartment, but paid a high price when their daughter got lead poisoning. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Persistent Poison: Skyrocketing Rents Trap Families in Homes with Lead Paint","datePublished":"2018-05-19T13:00:23.000Z","dateModified":"2018-05-22T00:51:06.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11668651 https://ww2.kqed.org/news/?p=11668651","disqusUrl":"https://ww2.kqed.org/news/2018/05/19/persistent-poison-skyrocketing-rents-trap-families-in-homes-with-lead-paint/","disqusTitle":"Persistent Poison: Skyrocketing Rents Trap Families in Homes with Lead Paint","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcrmag/2018/05/PersistentPoison.mp3","nprByline":"Marissa Ortega-Welch & Angela Johnston","path":"/news/11668651/persistent-poison-skyrocketing-rents-trap-families-in-homes-with-lead-paint","audioDuration":456000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"http://itunes.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\" rel=\"noopener\" target=\"_blank\">Listen to this and more in-depth storytelling by subscribing to The California Report Magazine podcast.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>We meet Souleika Dirieh and Tarek Cherif at \u003ca href=\"https://cuesa.org/seller/hummus-heaven\" target=\"_blank\" rel=\"noopener\">the hummus factory\u003c/a> they own in San Leandro. \u003c/p>\n\u003cp>Their three-year-old daughter Kawkeb loves playing outdoors. She runs between empty food crates, deep in a game of hide-and-go-seek with her mom.\u003c/p>\n\u003cp>Inside the factory, the Cherifs and their employees make dozens of different types of hummus. Piles of ripped pita bread sizzle in the deep fryer before being sprinkled with spices. They're packaged and shipped off to farmers markets around the Bay Area.\u003c/p>\n\u003cfigure id=\"attachment_11668659\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11668659\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30976_IMG_2172-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Souleika Dirieh stands in front of the hummus shop she and her husband own in San Leandro. They believe their daughter got lead poisoning from an apartment they used to rent down the street. \u003ccite>(Angela Johnston)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The hummus factory is right down the street from the studio apartment this family used to live in. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That’s where their lead poisoning story began, a little over three years ago.\u003c/p>\n\u003ch2>A Hidden Problem\u003c/h2>\n\u003cp>Tarek had just opened the business. He worked late nights, sleeping on the couch so he wouldn't disturb his wife and daughter when he came home.\u003c/p>\n\u003cp>“One day I got sick,” he says. “For three days I was sick in the house. I couldn't even move.”\u003c/p>\n\u003cp>He just couldn’t shake the lingering cold. Souleika and Kawkeb got it too. Her parents say their little girl was sick for about six months with cold symptoms.\u003c/p>\n\u003cp>The family only seemed to get better when they left the apartment, like when they went on vacation. Then, one day, Tarek realized he couldn’t find his wedding ring. They tore apart the house looking for it, pulling out the dresser and peering down the sink.\u003c/p>\n\u003cp>“We flipped the couch over and everything was green, green and black,” Tarek says.\u003c/p>\n\u003cp>There was mold everywhere.\u003c/p>\n\u003cp>“I couldn't believe it. I mean, I was in shock,\" says Tarek.\u003c/p>\n\u003cp>He says rainwater that collected on the roof seeped into their walls and onto the floor. The mold was disgusting, but they were about to discover something worse.\u003c/p>\n\u003cp>They took Kawkeb to the hospital to see if the mold was making her sick. The doctors ran other tests, too.\u003c/p>\n\u003cp>“That’s when we realized that she had lead [poisoning],\" says Tarek. \"Honestly, the only thing I could think of was that it came from the apartment.”\u003c/p>\n\u003ch2>A Serious Discovery\u003c/h2>\n\u003cp>The Centers for Disease Control and Prevention say \u003ca href=\"https://www.cdc.gov/nceh/lead/\">there is no safe level for lead\u003c/a>, but the threshold for intervention is when blood shows more than 5 micrograms of lead per deciliter of blood. Kawkeb’s blood registered a lead level of 23.\u003c/p>\n\u003cp>“She stopped eating at first. She was always crying for no reason,\" Souleika recalls. \"Under her eyes were dark circles, and she wanted only my breast milk and not other food, and she would sleep a lot.\"\u003c/p>\n\u003cp>That unusual behavior terrified Souleika.\u003c/p>\n\u003cp>\"I blamed myself,\" she says. \"I thought I didn't take care of her and that she ate something that I did not pay attention to.\"\u003c/p>\n\u003cp>The Cherifs came to the U.S. from Africa: Souleika from Djibouti and Tarek from Tunisia. \u003c/p>\n\u003cp>“You know, most of the time I don't hear American kids got lead,” says Souleika.\u003c/p>\n\u003ch2>Response Network Kicks Into Gear\u003c/h2>\n\u003cp>The doctor immediately faxed Kawkeb’s high results to the county. Diep Tran, a county public health nurse, called the Cherifs, and the \u003ca href=\"http://www.achhd.org/\" target=\"_blank\" rel=\"noopener\">Alameda County Healthy Homes\u003c/a> department came by to inspect the property for lead.\u003c/p>\n\u003cp>The Cherifs say by the time the county inspectors got there, the landlord had painted over the mold and the lead, so they couldn’t find any initial evidence. Painting over lead does contain it, temporarily solving the problem and making it undetectable.\u003c/p>\n\u003cp>But county officials concluded that when Kawkeb got sick, the mold must have worn down the lead paint on the walls. Lead particles made their way into the air, and onto the floor where Kawkeb used to play.\u003c/p>\n\u003cp>“She would get affected more than us,” Tarek says. “We could breathe [it in], but because we are adults we could get rid of it faster than she does.”\u003c/p>\n\u003cp>Once they got Kawkeb into the county’s lead reduction program, the Cherifs moved out temporarily, staying with family while the landlord said he would finish the repairs.\u003c/p>\n\u003cp>But as soon as they moved back in, Kawkeb’s lead levels didn’t go down like they should. The whole family started to get sick again. Tarek says he could tell the mold and lead weren’t really gone. He called the landlord.\u003c/p>\n\u003cp>“I took him inside the house and I showed them the same problem again,” Tarek says. “He wanted to move me to another apartment.” It was a neighboring unit in the building. Tarek wanted the county to come and inspect that unit, too.\u003c/p>\n\u003cp>“I told him, 'before I could move to another apartment, I'm going to bring in a whole team and test the place and then I'll move. If it's safe, I'll move.' And I think that's what actually triggered everything. He evicted us right after that,” Tarek says.\u003c/p>\n\u003ch2>The Legal Battle Begins\u003c/h2>\n\u003cp>The Cherifs claim their landlord evicted them because they started to put up a fight. They’ve sued their former landlord for wrongful eviction and a host of other habitability claims. Basically, they allege their apartment wasn’t safe to live in.\u003c/p>\n\u003cp>“The same day he kicked us out he had another family move into the apartment,\" claims Tarek. \"He didn’t even clean it. He didn't do a thing. Nothing. I mean we moved out at midnight, and a new family came in at 8 a.m., and they were already in the apartment.\"\u003c/p>\n\u003cp>We spoke with the lawyer who represents both Cherifs’ former landlord and the property management company. He said he can’t comment because the case is ongoing, but that his clients “categorically deny any and all of the Cherifs’ claims,” and have not seen any evidence with merit.\u003c/p>\n\u003cp>Tarek Cherif says he’s worried someone else will get sick staying in his old apartment building.\u003c/p>\n\u003cp>\"I know my neighbors, they're afraid because the rent is still kind of low. So, they don't want to move out even though they know there are all these problems,\" he said. \u003c/p>\n\u003ch2>Lead-free, but not cheap\u003c/h2>\n\u003cp>The Cherifs paid just under $900 per month for their old place. The fair market rent for a studio in Alameda County is just over \u003ca href=\"https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2018_code/2018summary.odn\" target=\"_blank\" rel=\"noopener\">$1500\u003c/a> and many go for more.\u003c/p>\n\u003cp>When they searched for a new place in San Leandro near Tarek’s hummus shop, they couldn’t find anything. Eventually, they moved to Milpitas, a 40-minute drive away, into a house they shared with Tarek’s brother’s family, creating a joint household of seven people.\u003c/p>\n\u003cp>Their rent nearly quadrupled, but the house is safe. Tarek says he had it tested as soon as he moved in. More importantly, he says, Kawkeb’s acting like herself again.\u003c/p>\n\u003cp>“She's developing normally, she's grown normal. I mean she speaks, what, seven or eight languages,” Tarek says. “She counts, she knows numbers.”\u003c/p>\n\u003cp>Her lead levels have gone down significantly, too.\u003c/p>\n\u003cp>“She's fine,” Souleika chimes in. “She's eating well, she's playing. She's hundred percent healthy, and I’m happy.”\u003c/p>\n\u003cp>For a family dealing with a lead-poisoned child, the Cherifs were actually lucky. They had a safety net, some savings and family they could move in with.\u003c/p>\n\u003cp>What happens to the families that don't have anywhere else to move once they discover their child has lead poisoning?\u003c/p>\n\u003cp>Diep Tran, the nurse who handles severe lead poisoning cases in Alameda County, says she strongly urges families to move if the lead problem is too difficult to fix or the property owners can’t be persuaded. State laws dictate landlords must maintain the property — including addressing lead hazards if there is a lead poisoned child.\u003c/p>\n\u003cp>Tran says landlords can claim that they want to sell the property instead.\u003c/p>\n\u003cp>“What if they're really not trying to sell the property and they just want the family to move so they don't have to do the work?\" asks Tran. \"I cannot go back in three months and snoop around and see that that's what the property owners meant when they said that they are selling. Sometimes they evict the family, and they change their mind.”\u003c/p>\n\u003cp>Then, the homeowners can rent to someone who can pay more, or sell the property altogether. She says sometimes this type of gentrification can result in lead cleanup.\u003c/p>\n\u003cp>“After a low-income family moves out, the property owners repaint and remodel the apartment or the house and can charge double or triple the price.”\u003c/p>\n\u003cp>Tran says when families have no other options, she actually may encourage them to go to a homeless shelter. That actually ups their chance of getting affordable and lead-safe housing.\u003c/p>\n\u003cp>Other families, Tran says, move to Stockton, Antioch, Vallejo or Concord — suburbs on the edge of the Bay Area or Central Valley with cheaper, newer homes that don’t have lead paint.\u003c/p>\n\u003cp>In California, some eight million homes were built before lead paint was banned in the 1970s. There are some 400,00 such homes in Alameda County alone.\u003c/p>\n\u003cfigure id=\"attachment_11668663\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11668663\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-800x568.jpg\" alt=\"\" width=\"800\" height=\"568\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-800x568.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-1020x725.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-1200x853.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-1180x838.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-960x682.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-240x171.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-375x266.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/RS30978_PHOTO_HEATMAP-qut-520x369.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Alameda County's public health department put together this lead poisoning heat map that accounts for several risk factors like race, poverty level, education, and age of homes. There is a higher risk of lead poisoning in the darker areas. \u003ccite>(Alameda County's Community Assessment Planning Evaluation (CAPE))\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>To follow up on her hunch, we called a handful of Bay Area fair-housing agencies. They told us they’re seeing an alarming trend: clusters of refugees and immigrants in unsafe housing. That practice of landlords taking advantage of people they know won't be able to fight back is called \u003ca href=\"http://ced.berkeley.edu/downloads/gallery/incity/su13/incity_bayarea_voicesoftheregion_2013.pdf\" target=\"_blank\" rel=\"noopener\">predatory habitability\u003c/a>.\u003c/p>\n\u003cp>That's no surprise to Souleika Cherif. She says, older housing stock often ends up going to people who have fewer resources to deal with problems like lead.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This is part of a \u003ca href=\"http://kalw.org/post/lead-and-bay-area-housing-crisis\" target=\"_blank\" rel=\"noopener\">longer story\u003c/a> in a KALW series \u003ca href=\"http://kalw.org/term/persistent-poison-leads-toxic-legacy-bay-area\" target=\"_blank\" rel=\"noopener\">“Persistent Poison: Lead’s Toxic Legacy in the Bay Area.\"\u003c/a>\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11668651/persistent-poison-skyrocketing-rents-trap-families-in-homes-with-lead-paint","authors":["byline_news_11668651"],"programs":["news_72"],"categories":["news_8"],"tags":["news_260","news_1930","news_23274","news_3025","news_5355","news_5356","news_23276","news_17041"],"featImg":"news_11668662","label":"news_72"},"news_11667635":{"type":"posts","id":"news_11667635","meta":{"index":"posts_1591205157","site":"news","id":"11667635","score":null,"sort":[1525994003000]},"guestAuthors":[],"slug":"lead-paint-makers-balk-at-huge-toxic-cleanup-bill-they-want-you-to-pick-up-the-tab","title":"Lead Paint Makers Balk at Huge Toxic Cleanup Bill — They Want You to Pick Up the Tab","publishDate":1525994003,"format":"image","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>Three companies found to have sold toxic lead paint for decades -- despite knowing it posed health hazards for children -- are waging a major battle to avoid paying the several hundred millions of dollars in liability that California courts have slapped on them.\u003c/p>\n\u003cp>And they’re asking you, the California voter, to help them get their way.\u003c/p>\n\u003cp>After losing an 18-year-long legal fight, ConAgra, NL Industries and Sherwin Williams are now working on two different fronts to overturn the ruling, which says they must pay to clean up lead paint in older homes in 10 cities and counties across California.\u003c/p>\n\u003cp>The companies have hired a slew of lobbyists to push their agenda in the state Legislature and poured $6 million into a campaign to put an initiative on the November ballot that would shift clean-up costs to taxpayers.\u003c/p>\n\u003cp>Their argument: The ruling rewards landlords who have neglected their properties, and also creates new burdens for homeowners whose houses have lead paint but do not qualify for abatement funding based on criteria set by the court.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The effort has kicked up an intense response from Democratic legislators who represent the cities and counties that sued the companies in 2000 over the hazards posed by lead paint.\u003c/p>\n\u003cp>“The lead paint companies are the new tobacco companies of 2018. After many, many decades of... knowingly and intentionally deceiving the public about their products, they are now trying to escape liability through whatever way they can,” said Democratic Assemblyman David Chiu, whose city of San Francisco was among the plaintiffs.\u003c/p>\n\u003cp>“We need to make sure that someone is going to pay for tens of thousands of children who are being poisoned by lead.”\u003c/p>\n\u003cp>Lead was a common paint ingredient in the early 20\u003csup>th\u003c/sup> century. Over time scientists found that lead exposure causes brain damage in young children. In 1951 manufacturers began putting a warning label on lead paint, and in 1978 stopped selling lead paint in the United States. But many old homes still have lead paint on the walls or windowsills. And it is dangerous when it deteriorates because children may eat paint chips or inhale toxic dust.\u003c/p>\n\u003cp>The court decision -- which the state Supreme Court recently declined to review on appeal -- requires the companies to pay into a fund that would be used to clean up lead paint in homes built before 1951 in seven counties (Santa Clara, Alameda, Los Angeles, Monterey, San Mateo, Solano, Ventura) and three cities (Oakland, San Diego and San Francisco). Those jurisdictions combined are home to almost half the population of California.\u003c/p>\n\u003cp>The exact amount the companies must pay is still being determined. The trial court set it at $1.15 billion to cover homes built before 1981, but the appellate court ruled that only homes built before 1951 should be covered and directed the trial court to reduce the amount.\u003c/p>\n\u003cfigure id=\"attachment_11667652\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11667652\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/SherwinPaintCans-800x532.jpg\" alt=\"Sherwin Williams paint cans at a promotional event in 2015. Sherwin Williams is one of three paint companies working to overturn a ruling that says they must pay to clean up lead paint in older homes across California.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-1200x798.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-1180x784.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-960x638.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-375x249.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-520x346.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sherwin Williams paint cans at a promotional event in 2015. Sherwin Williams is one of three paint companies working to overturn a ruling that says they must pay to clean up lead paint in older homes across California. \u003ccite>(Bryan Bedder/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The ruling doesn’t require complete removal of lead paint from those homes, but says they must be fixed by sealing old paint or replacing parts of windowsills or doors. Priority for repairs goes to homes where children have been poisoned by lead, or where there’s a history of violating building codes and laws meant to prevent lead poisoning.\u003c/p>\n\u003cp>“Property owners who have neglected their responsibility to those families now get a windfall abatement plan,” said Tony Dias, a lawyer for Sherwin Williams. He added that the paint companies would appeal their loss to the U.S. Supreme Court.\u003c/p>\n\u003ch2>Kicking Costs to Taxpayers\u003c/h2>\n\u003cp>Meanwhile, the ballot measure the paint companies have sponsored would reverse the ruling, block future lawsuits for similar claims, and create a bond using taxpayer funds to pay for repairing an array of environmental hazards in homes across the state -- not just the 10 places that sued.\u003c/p>\n\u003cp>The $2 billion bond could be used to remedy mold and asbestos in addition to lead paint. With interest, the bond would \u003ca href=\"http://lao.ca.gov/ballot/2017/170675.pdf\">cost taxpayers\u003c/a> $3.9 billion.\u003c/p>\n\u003cp>“It’s a broader solution to the problem we’re facing,” said Kendall Klingler, a spokeswoman for the ballot measure campaign.\u003c/p>\n\u003cp>The ruling is problematic for homeowners in the 10 municipalities whose houses were built between 1951 and 1981, the campaign contends, because it deems the lead paint in those homes a public nuisance but does not provide funding to abate it.\u003c/p>\n\u003cp>“Overturning the court ruling will obviously benefit the paint companies but it’s really beneficial to homeowners. Right now their fates are tied as long as this court ruling stands,” Klingler said.\u003c/p>\n\u003caside class=\"pullquote alignright\">'At the end of the day, the folks that are responsible for the lead paint ought to be the ones who pay.'\u003ccite>Assemblyman Adam Gray\u003c/cite>\u003c/aside>\n\u003cp>It’s rare for groups that lose in court to try to overturn an unfavorable ruling on the ballot. But it’s not uncommon for interest groups lobbying for a new law in the Legislature to simultaneously launch a ballot measure drive. The threat can be used as leverage to get what they want from the Legislature instead.\u003c/p>\n\u003cp>It’s not yet clear if that’s the goal of the paint companies here. They’ve submitted the signatures necessary to put their initiative on the November ballot and counties are now checking if they are valid. Initiative backers could pull their measure off the ballot up until June 28. They have launched a publicity campaign that calls on the Legislature to “craft a real solution” -- but so far no bills have been introduced that advance their aim.\u003c/p>\n\u003cp>For now the paint companies are working with other business interests to kill a \u003ca href=\"http://www.latimes.com/politics/la-pol-ca-lead-paint-california-legislation-20180322-story.html\">slate of bills\u003c/a> introduced by legislators from the regions that brought the lawsuit. Their bills would expand the scope of the court ruling and make it easier for people to sue over lead paint.\u003c/p>\n\u003cp>If the companies have any shot of making a deal in the Legislature, one bloc of lawmakers will be critical: \u003ca href=\"http://www.sacbee.com/news/investigations/the-public-eye/article2597114.html\">the moderate Democrats\u003c/a> who are typically the swing vote in stand-offs between environmentalists and big business.\u003c/p>\n\u003cp>The paint companies’ campaign has reported making payments to David Townsend, a political consultant who has close ties to the caucus of moderate Democrats. He wouldn’t talk about the strategy he’s crafting but said that generally speaking, “most organizations would rather work it out in the Legislature than pay for a big ballot measure.”\u003c/p>\n\u003cp>The leader of the moderate caucus said he’s met with the paint company lobbyists but that conversations are in early stages and the issue isn’t a huge priority for him.\u003c/p>\n\u003cp>“Hopefully we can come to a legislative solution that protects Californians, protects children and takes care of any homes that need to be abated,” said Assemblyman Adam Gray, a Merced Democrat. “But at the end of the day, the folks that are responsible for the lead paint ought to be the ones who pay.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/\">\u003cem>CALmatters.org\u003c/em>\u003c/a>\u003cem> is a nonprofit, nonpartisan media venture explaining California’s policies and politics.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"After losing a prolonged legal fight, ConAgra, NL Industries and Sherwin Williams are trying to overturn a ruling saying they must pay to clean up lead paint in older homes across California.","status":"publish","parent":0,"modified":1526162631,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1233},"headData":{"title":"Lead Paint Makers Balk at Huge Toxic Cleanup Bill — They Want You to Pick Up the Tab | KQED","description":"After losing a prolonged legal fight, ConAgra, NL Industries and Sherwin Williams are trying to overturn a ruling saying they must pay to clean up lead paint in older homes across California.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Lead Paint Makers Balk at Huge Toxic Cleanup Bill — They Want You to Pick Up the Tab","datePublished":"2018-05-10T23:13:23.000Z","dateModified":"2018-05-12T22:03:51.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11667635 https://ww2.kqed.org/news/?p=11667635","disqusUrl":"https://ww2.kqed.org/news/2018/05/10/lead-paint-makers-balk-at-huge-toxic-cleanup-bill-they-want-you-to-pick-up-the-tab/","disqusTitle":"Lead Paint Makers Balk at Huge Toxic Cleanup Bill — They Want You to Pick Up the Tab","source":"CALmatters","sourceUrl":"https://calmatters.org/","nprByline":"\u003cstrong>\u003ca href=\"https://calmatters.org/articles/author/laurel-rosenhall/\">Laurel Rosenhall\u003c/a>\u003c/strong>","path":"/news/11667635/lead-paint-makers-balk-at-huge-toxic-cleanup-bill-they-want-you-to-pick-up-the-tab","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Three companies found to have sold toxic lead paint for decades -- despite knowing it posed health hazards for children -- are waging a major battle to avoid paying the several hundred millions of dollars in liability that California courts have slapped on them.\u003c/p>\n\u003cp>And they’re asking you, the California voter, to help them get their way.\u003c/p>\n\u003cp>After losing an 18-year-long legal fight, ConAgra, NL Industries and Sherwin Williams are now working on two different fronts to overturn the ruling, which says they must pay to clean up lead paint in older homes in 10 cities and counties across California.\u003c/p>\n\u003cp>The companies have hired a slew of lobbyists to push their agenda in the state Legislature and poured $6 million into a campaign to put an initiative on the November ballot that would shift clean-up costs to taxpayers.\u003c/p>\n\u003cp>Their argument: The ruling rewards landlords who have neglected their properties, and also creates new burdens for homeowners whose houses have lead paint but do not qualify for abatement funding based on criteria set by the court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The effort has kicked up an intense response from Democratic legislators who represent the cities and counties that sued the companies in 2000 over the hazards posed by lead paint.\u003c/p>\n\u003cp>“The lead paint companies are the new tobacco companies of 2018. After many, many decades of... knowingly and intentionally deceiving the public about their products, they are now trying to escape liability through whatever way they can,” said Democratic Assemblyman David Chiu, whose city of San Francisco was among the plaintiffs.\u003c/p>\n\u003cp>“We need to make sure that someone is going to pay for tens of thousands of children who are being poisoned by lead.”\u003c/p>\n\u003cp>Lead was a common paint ingredient in the early 20\u003csup>th\u003c/sup> century. Over time scientists found that lead exposure causes brain damage in young children. In 1951 manufacturers began putting a warning label on lead paint, and in 1978 stopped selling lead paint in the United States. But many old homes still have lead paint on the walls or windowsills. And it is dangerous when it deteriorates because children may eat paint chips or inhale toxic dust.\u003c/p>\n\u003cp>The court decision -- which the state Supreme Court recently declined to review on appeal -- requires the companies to pay into a fund that would be used to clean up lead paint in homes built before 1951 in seven counties (Santa Clara, Alameda, Los Angeles, Monterey, San Mateo, Solano, Ventura) and three cities (Oakland, San Diego and San Francisco). Those jurisdictions combined are home to almost half the population of California.\u003c/p>\n\u003cp>The exact amount the companies must pay is still being determined. The trial court set it at $1.15 billion to cover homes built before 1981, but the appellate court ruled that only homes built before 1951 should be covered and directed the trial court to reduce the amount.\u003c/p>\n\u003cfigure id=\"attachment_11667652\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11667652\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/SherwinPaintCans-800x532.jpg\" alt=\"Sherwin Williams paint cans at a promotional event in 2015. Sherwin Williams is one of three paint companies working to overturn a ruling that says they must pay to clean up lead paint in older homes across California.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-1200x798.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-1180x784.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-960x638.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-375x249.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/SherwinPaintCans-520x346.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sherwin Williams paint cans at a promotional event in 2015. Sherwin Williams is one of three paint companies working to overturn a ruling that says they must pay to clean up lead paint in older homes across California. \u003ccite>(Bryan Bedder/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The ruling doesn’t require complete removal of lead paint from those homes, but says they must be fixed by sealing old paint or replacing parts of windowsills or doors. Priority for repairs goes to homes where children have been poisoned by lead, or where there’s a history of violating building codes and laws meant to prevent lead poisoning.\u003c/p>\n\u003cp>“Property owners who have neglected their responsibility to those families now get a windfall abatement plan,” said Tony Dias, a lawyer for Sherwin Williams. He added that the paint companies would appeal their loss to the U.S. Supreme Court.\u003c/p>\n\u003ch2>Kicking Costs to Taxpayers\u003c/h2>\n\u003cp>Meanwhile, the ballot measure the paint companies have sponsored would reverse the ruling, block future lawsuits for similar claims, and create a bond using taxpayer funds to pay for repairing an array of environmental hazards in homes across the state -- not just the 10 places that sued.\u003c/p>\n\u003cp>The $2 billion bond could be used to remedy mold and asbestos in addition to lead paint. With interest, the bond would \u003ca href=\"http://lao.ca.gov/ballot/2017/170675.pdf\">cost taxpayers\u003c/a> $3.9 billion.\u003c/p>\n\u003cp>“It’s a broader solution to the problem we’re facing,” said Kendall Klingler, a spokeswoman for the ballot measure campaign.\u003c/p>\n\u003cp>The ruling is problematic for homeowners in the 10 municipalities whose houses were built between 1951 and 1981, the campaign contends, because it deems the lead paint in those homes a public nuisance but does not provide funding to abate it.\u003c/p>\n\u003cp>“Overturning the court ruling will obviously benefit the paint companies but it’s really beneficial to homeowners. Right now their fates are tied as long as this court ruling stands,” Klingler said.\u003c/p>\n\u003caside class=\"pullquote alignright\">'At the end of the day, the folks that are responsible for the lead paint ought to be the ones who pay.'\u003ccite>Assemblyman Adam Gray\u003c/cite>\u003c/aside>\n\u003cp>It’s rare for groups that lose in court to try to overturn an unfavorable ruling on the ballot. But it’s not uncommon for interest groups lobbying for a new law in the Legislature to simultaneously launch a ballot measure drive. The threat can be used as leverage to get what they want from the Legislature instead.\u003c/p>\n\u003cp>It’s not yet clear if that’s the goal of the paint companies here. They’ve submitted the signatures necessary to put their initiative on the November ballot and counties are now checking if they are valid. Initiative backers could pull their measure off the ballot up until June 28. They have launched a publicity campaign that calls on the Legislature to “craft a real solution” -- but so far no bills have been introduced that advance their aim.\u003c/p>\n\u003cp>For now the paint companies are working with other business interests to kill a \u003ca href=\"http://www.latimes.com/politics/la-pol-ca-lead-paint-california-legislation-20180322-story.html\">slate of bills\u003c/a> introduced by legislators from the regions that brought the lawsuit. Their bills would expand the scope of the court ruling and make it easier for people to sue over lead paint.\u003c/p>\n\u003cp>If the companies have any shot of making a deal in the Legislature, one bloc of lawmakers will be critical: \u003ca href=\"http://www.sacbee.com/news/investigations/the-public-eye/article2597114.html\">the moderate Democrats\u003c/a> who are typically the swing vote in stand-offs between environmentalists and big business.\u003c/p>\n\u003cp>The paint companies’ campaign has reported making payments to David Townsend, a political consultant who has close ties to the caucus of moderate Democrats. He wouldn’t talk about the strategy he’s crafting but said that generally speaking, “most organizations would rather work it out in the Legislature than pay for a big ballot measure.”\u003c/p>\n\u003cp>The leader of the moderate caucus said he’s met with the paint company lobbyists but that conversations are in early stages and the issue isn’t a huge priority for him.\u003c/p>\n\u003cp>“Hopefully we can come to a legislative solution that protects Californians, protects children and takes care of any homes that need to be abated,” said Assemblyman Adam Gray, a Merced Democrat. “But at the end of the day, the folks that are responsible for the lead paint ought to be the ones who pay.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/\">\u003cem>CALmatters.org\u003c/em>\u003c/a>\u003cem> is a nonprofit, nonpartisan media venture explaining California’s policies and politics.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11667635/lead-paint-makers-balk-at-huge-toxic-cleanup-bill-they-want-you-to-pick-up-the-tab","authors":["byline_news_11667635"],"programs":["news_72"],"categories":["news_19906","news_457","news_8"],"tags":["news_20191","news_3025","news_5355","news_5356","news_18","news_19960","news_4486","news_38"],"affiliates":["news_18481"],"featImg":"news_11667644","label":"source_news_11667635"},"news_122925":{"type":"posts","id":"news_122925","meta":{"index":"posts_1591205157","site":"news","id":"122925","score":null,"sort":[1389195252000]},"guestAuthors":[],"slug":"santa-clara-county-judge-ups-penalty-in-lead-paint-case","title":"Santa Clara County Judge Ups Penalty in Lead-Paint Case ","publishDate":1389195252,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_121059\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/12/17/judge-orders-companies-to-pay-billion-dollars-for-lead-paint-cleanup/119879793_6b06a70074_z/\" rel=\"attachment wp-att-121059\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/12/119879793_6b06a70074_z.jpg\" alt=\"(Wayne Marshall/Flickr)\" width=\"640\" height=\"478\" class=\"size-full wp-image-121059\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(\u003ca href=\"http://www.flickr.com/photos/wayneandwax/\">Wayne Marshall\u003c/a>/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>\u003cbr>\nBy The Associated Press\u003cbr>\n\u003c/strong>\u003cbr>\nA San Jose judge has increased by $50 million the amount that paint makers will have to pay into a fund to remove lead paint from homes across the state.\u003c/p>\n\u003cp>Santa Clara County Superior Court Judge James P. Kleinberg on Tuesday issued a final verdict ordering Sherwin Williams, National Lead and ConAgra to pay $1.15 billion after finding that the companies knew the paint was harmful to children.\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/2013/12/17/judge-orders-companies-to-pay-billion-dollars-for-lead-paint-cleanup\" target=\"_blank\">tentative ruling issued in December\u003c/a> after a five-week nonjury trial had said the companies would have to pay $1.1 billion.\u003c/p>\n\u003cp>Throughout the case, the industry had argued that the old paint is not a significant public health risk and that the companies never deliberately sold a harmful product.\u003c/p>\n\u003cp>Kleinberg rejected those arguments Tuesday, citing documents dating back to 1900.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The 10 jurisdictions awarded damages are the counties of Santa Clara, Alameda, Los Angeles, Monterey, San Mateo, Solano and Ventura, and the cities of Oakland, San Diego and San Francisco.\u003c/p>\n\n","blocks":[],"excerpt":"Court orders three companies to pay $1.15 billion to clean up tens of thousands of California homes. ","status":"publish","parent":0,"modified":1389195252,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":170},"headData":{"title":"Santa Clara County Judge Ups Penalty in Lead-Paint Case | KQED","description":"Court orders three companies to pay $1.15 billion to clean up tens of thousands of California homes. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Santa Clara County Judge Ups Penalty in Lead-Paint Case ","datePublished":"2014-01-08T15:34:12.000Z","dateModified":"2014-01-08T15:34:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"122925 http://ww2.kqed.org/news/?p=122925","disqusUrl":"https://ww2.kqed.org/news/2014/01/08/santa-clara-county-judge-ups-penalty-in-lead-paint-case/","disqusTitle":"Santa Clara County Judge Ups Penalty in Lead-Paint Case ","customPermalink":"2014/01/08/judge-increases-companies-penalty-in-lead-paint-case/","path":"/news/122925/santa-clara-county-judge-ups-penalty-in-lead-paint-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_121059\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/12/17/judge-orders-companies-to-pay-billion-dollars-for-lead-paint-cleanup/119879793_6b06a70074_z/\" rel=\"attachment wp-att-121059\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/12/119879793_6b06a70074_z.jpg\" alt=\"(Wayne Marshall/Flickr)\" width=\"640\" height=\"478\" class=\"size-full wp-image-121059\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(\u003ca href=\"http://www.flickr.com/photos/wayneandwax/\">Wayne Marshall\u003c/a>/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>\u003cbr>\nBy The Associated Press\u003cbr>\n\u003c/strong>\u003cbr>\nA San Jose judge has increased by $50 million the amount that paint makers will have to pay into a fund to remove lead paint from homes across the state.\u003c/p>\n\u003cp>Santa Clara County Superior Court Judge James P. Kleinberg on Tuesday issued a final verdict ordering Sherwin Williams, National Lead and ConAgra to pay $1.15 billion after finding that the companies knew the paint was harmful to children.\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/2013/12/17/judge-orders-companies-to-pay-billion-dollars-for-lead-paint-cleanup\" target=\"_blank\">tentative ruling issued in December\u003c/a> after a five-week nonjury trial had said the companies would have to pay $1.1 billion.\u003c/p>\n\u003cp>Throughout the case, the industry had argued that the old paint is not a significant public health risk and that the companies never deliberately sold a harmful product.\u003c/p>\n\u003cp>Kleinberg rejected those arguments Tuesday, citing documents dating back to 1900.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The 10 jurisdictions awarded damages are the counties of Santa Clara, Alameda, Los Angeles, Monterey, San Mateo, Solano and Ventura, and the cities of Oakland, San Diego and San Francisco.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/122925/santa-clara-county-judge-ups-penalty-in-lead-paint-case","authors":["237"],"programs":["news_6944"],"categories":["news_19906","news_8"],"tags":["news_5358","news_5355","news_5356","news_5359"],"featImg":"news_121059","label":"news_6944"},"news_121040":{"type":"posts","id":"news_121040","meta":{"index":"posts_1591205157","site":"news","id":"121040","score":null,"sort":[1387329146000]},"guestAuthors":[],"slug":"santa-clara-judges-ruling-could-trigger-huge-lead-paint-cleanup","title":"Santa Clara Judge's Ruling Could Trigger Huge Lead-Paint Cleanup ","publishDate":1387329146,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_121059\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/12/17/judge-orders-companies-to-pay-billion-dollars-for-lead-paint-cleanup/119879793_6b06a70074_z/\" rel=\"attachment wp-att-121059\">\u003cimg class=\"size-full wp-image-121059\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/12/119879793_6b06a70074_z.jpg\" alt=\"(Wayne Marshall/Flickr)\" width=\"640\" height=\"478\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(\u003ca href=\"http://www.flickr.com/photos/wayneandwax/\">Wayne Marshall\u003c/a>/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>Monday, a Santa Clara County Superior Court judge issued \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_24739023/billion-dollar-ruling-local-lawsuit-against-lead-paint\" target=\"_blank\">a preliminary ruling\u003c/a>(embedded at the end of this post) that requires three companies to pay $1.1 billion to help clean up toxic lead-paint contamination in older homes. Deciding a case first filed 13 years ago, Judge James P. Kleinberg found that Sherman-Williams, NL Industries and ConAgra were each responsible for a public nuisance created through the use of lead paint. Lead is a highly toxic metal that can damage the brain and central nervous system. Lead paint in older homes has long been established as a health threat to young children, a group that's particularly vulnerable to lead's toxic effects.\u003c/p>\n\u003cp>The $1.1 billion will go to the seven California counties — Santa Clara, Alameda, Los Angeles, Monterey, San Mateo, Solano and Ventura — and to three cities: Oakland, San Francisco and San Diego — that brought the original suit. The lion's share of the fund, $605 million, will go to Los Angeles County, which is believed to have more lead-contaminated homes than anywhere else in the state.\u003c/p>\n\u003cp>The fund will be administered by the state and is to be used to \"remediate\" lead paint in more than 50,000 housing units built before 1978. Remediation efforts will include home inspections, enclosing or encapsulating lead-painted surfaces under new paint, plaster or sheetrock, or outright replacement of doors, windows and other building elements.\u003c/p>\n\u003cp>A spokesperson for the defendants criticized Kleinberg's decision, \u003ca href=\"http://www.businessweek.com/articles/2013-12-17/billion-dollar-lead-paint-verdict-ends-industrys-win-streak\" target=\"_blank\">as reported by Bloomberg-BusinessWeek\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Bonnie J. Campbell, a spokeswoman for the paint manufacturers, said via e-mail that the decision is “at odds with California law and judicial decisions across the country that have uniformly rejected similar public nuisance claims.” The ruling, she added, penalizes the manufacturers for “the truthful advertising of lawful products, done at a time when government officials routinely specified those products for use in residential buildings,” and “rewards scofflaw landlords who are responsible for the risk to children from poorly maintained lead paint.”\u003c/p>\u003c/blockquote>\n\u003cp>Bloomberg-BusinessWeek also noted that until Kleinberg's ruling, the paint industry had beaten similar lawsuits in seven other states.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/125354771&color=ff6600&auto_play=false&show_artwork=true\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>KQED's Mina Kim talked today to attorney Joseph Cotchett, one of the attorneys who represented the counties and cities that brought the lead-paint suit. He says that Kleinberg's order could bolster public efforts like California's \u003ca href=\"http://www.cdph.ca.gov/programs/CLPPB/Pages/default.aspx\" target=\"_blank\">Childhood Lead Poisoning Prevention Program\u003c/a>. Cotchett said that program \"has been effective — yes, it has — but unfortunately like a lot of other state agencies and/or programs, it has been cut back, cut back, cut back, and our position was that the paint companies should come in and help them in inspecting these homes. Of course, I don't have to tell you what the paint companies said to us.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_72501\" src=\"//www.scribd.com/embeds/192147982/content?start_page=1&view_mode=scroll&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Three firms ordered to pay $1.1 billion to deal with lead paint in older homes. Appeal is expected. ","status":"publish","parent":0,"modified":1387331333,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":479},"headData":{"title":"Santa Clara Judge's Ruling Could Trigger Huge Lead-Paint Cleanup | KQED","description":"Three firms ordered to pay $1.1 billion to deal with lead paint in older homes. Appeal is expected. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Santa Clara Judge's Ruling Could Trigger Huge Lead-Paint Cleanup ","datePublished":"2013-12-18T01:12:26.000Z","dateModified":"2013-12-18T01:48:53.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"121040 http://ww2.kqed.org/news/?p=121040","disqusUrl":"https://ww2.kqed.org/news/2013/12/17/santa-clara-judges-ruling-could-trigger-huge-lead-paint-cleanup/","disqusTitle":"Santa Clara Judge's Ruling Could Trigger Huge Lead-Paint Cleanup ","customPermalink":"2013/12/17/judge-orders-companies-to-pay-billion-dollars-for-lead-paint-cleanup/","path":"/news/121040/santa-clara-judges-ruling-could-trigger-huge-lead-paint-cleanup","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_121059\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/12/17/judge-orders-companies-to-pay-billion-dollars-for-lead-paint-cleanup/119879793_6b06a70074_z/\" rel=\"attachment wp-att-121059\">\u003cimg class=\"size-full wp-image-121059\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/12/119879793_6b06a70074_z.jpg\" alt=\"(Wayne Marshall/Flickr)\" width=\"640\" height=\"478\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(\u003ca href=\"http://www.flickr.com/photos/wayneandwax/\">Wayne Marshall\u003c/a>/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>Monday, a Santa Clara County Superior Court judge issued \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_24739023/billion-dollar-ruling-local-lawsuit-against-lead-paint\" target=\"_blank\">a preliminary ruling\u003c/a>(embedded at the end of this post) that requires three companies to pay $1.1 billion to help clean up toxic lead-paint contamination in older homes. Deciding a case first filed 13 years ago, Judge James P. Kleinberg found that Sherman-Williams, NL Industries and ConAgra were each responsible for a public nuisance created through the use of lead paint. Lead is a highly toxic metal that can damage the brain and central nervous system. Lead paint in older homes has long been established as a health threat to young children, a group that's particularly vulnerable to lead's toxic effects.\u003c/p>\n\u003cp>The $1.1 billion will go to the seven California counties — Santa Clara, Alameda, Los Angeles, Monterey, San Mateo, Solano and Ventura — and to three cities: Oakland, San Francisco and San Diego — that brought the original suit. The lion's share of the fund, $605 million, will go to Los Angeles County, which is believed to have more lead-contaminated homes than anywhere else in the state.\u003c/p>\n\u003cp>The fund will be administered by the state and is to be used to \"remediate\" lead paint in more than 50,000 housing units built before 1978. Remediation efforts will include home inspections, enclosing or encapsulating lead-painted surfaces under new paint, plaster or sheetrock, or outright replacement of doors, windows and other building elements.\u003c/p>\n\u003cp>A spokesperson for the defendants criticized Kleinberg's decision, \u003ca href=\"http://www.businessweek.com/articles/2013-12-17/billion-dollar-lead-paint-verdict-ends-industrys-win-streak\" target=\"_blank\">as reported by Bloomberg-BusinessWeek\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Bonnie J. Campbell, a spokeswoman for the paint manufacturers, said via e-mail that the decision is “at odds with California law and judicial decisions across the country that have uniformly rejected similar public nuisance claims.” The ruling, she added, penalizes the manufacturers for “the truthful advertising of lawful products, done at a time when government officials routinely specified those products for use in residential buildings,” and “rewards scofflaw landlords who are responsible for the risk to children from poorly maintained lead paint.”\u003c/p>\u003c/blockquote>\n\u003cp>Bloomberg-BusinessWeek also noted that until Kleinberg's ruling, the paint industry had beaten similar lawsuits in seven other states.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/125354771&color=ff6600&auto_play=false&show_artwork=true\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>KQED's Mina Kim talked today to attorney Joseph Cotchett, one of the attorneys who represented the counties and cities that brought the lead-paint suit. He says that Kleinberg's order could bolster public efforts like California's \u003ca href=\"http://www.cdph.ca.gov/programs/CLPPB/Pages/default.aspx\" target=\"_blank\">Childhood Lead Poisoning Prevention Program\u003c/a>. Cotchett said that program \"has been effective — yes, it has — but unfortunately like a lot of other state agencies and/or programs, it has been cut back, cut back, cut back, and our position was that the paint companies should come in and help them in inspecting these homes. Of course, I don't have to tell you what the paint companies said to us.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_72501\" src=\"//www.scribd.com/embeds/192147982/content?start_page=1&view_mode=scroll&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/121040/santa-clara-judges-ruling-could-trigger-huge-lead-paint-cleanup","authors":["222"],"programs":["news_6944"],"categories":["news_8"],"tags":["news_5358","news_3025","news_5355","news_5356","news_5359"],"featImg":"news_121059","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. 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