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A1758
ASSEMBLY, No. 1758
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
SYNOPSIS
���� Authorizes common law public nuisance suits regarding
lead paint under State law; exempts Attorney General from certain aspects of
public nuisance claims when pursuing lead paint actions.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning public nuisance actions related to
lead paint, supplementing P.L.1971, c.366 (C.24:14A-1 et seq.), and amending
P.L.1987, c.197.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section)� Nothing
in P.L.1971, c.366
(C.24:14A-1 et seq.) shall preclude recourse to any other remedy
available pursuant to common law for a violation of P.L.1971, c.366 (C.24:14A-1
et seq.) or for damages caused by the sale or distribution of lead paint and
the subsequent use of such lead paint in dwellings.�
���� 2.��� (New section)� The
Attorney General may bring an action for damages against a former or present
lead paint manufacturer pursuant to a common law theory of public nuisance, and
shall not be limited to injunctive relief.� The Attorney General need not demonstrate
that a defendant physically controls lead paint, or real property that contains
lead paint, in order to prevail in a common law public nuisance claim based
upon the sale or distribution of lead paint, nor demonstrate a special injury
in order to recover damages or prevail in such an action.
���� 3.��� Section 6 of P.L.1987,
c.197 (C.2A:58C-6) is amended to read as follows:
���� 6.��� The provisions of this
act shall not apply to
:
����
a.
���� any
environmental tort action
; or
����
b.��� a public nuisance
claim brought pursuant to common law by the Attorney General concerning lead
paint
.
(cf: P.L.1987, c.197, s.6)
���� 4.��� This bill shall take
effect immediately and shall apply to causes of action filed on or after the
date of enactment.�
STATEMENT
���� This act would allow common
law public nuisance suits under P.L.1971, c.366 (C.24:14A-1 et seq., and known
as the �lead paint act�), and exempt the Attorney General from certain elements
of a public nuisance claim when pursuing a public nuisance lead paint claim.�
Specifically, the Attorney General would be permitted to bring an action
against a former or present lead paint manufacturer pursuant to a theory of
public nuisance and would not be limited to injunctive relief.� The Attorney
General would not be required to demonstrate that a defendant physically
controls lead paint, or real property that contains lead paint, to prevail on a
public nuisance claim based upon the distribution of lead paint, nor
demonstrate a special injury in order to prevail in those actions.�
Additionally, the bill provides that the exemption that already applies to
environmental tort actions in the law regulating product liability actions,
P.L.1987, c.197 (C.2A:58C-1 et seq.) would also apply to actions concerning
lead paint, when brought by the Attorney General.
���� The New Jersey Supreme Court,
in
In re Lead Paint Litigation, 191 N.J. 405 (2007)
, held that a group
of municipalities could not bring a common law public nuisance action against
lead paint manufacturers because (1) the lead paint act is the exclusive remedy
provided by the Legislature for lead paint actions and the act does not allow
for public nuisance claims against manufacturers; (2) government entities
cannot bring claims for damages under common law public nuisance doctrine and
may only seek injunctive relief; and (3) that the law regulating product
liability actions, P.L.1987, c.197 (C.2A:58C-1 et seq.), does not exclude lead
paint actions under its environmental tort exemption provisions, and that a
public nuisance action against lead paint manufacturers was properly recognized
as a products liability claim.� The bill would amend the lead paint act and the
law regulating products liability actions to allow the Attorney General to
pursue public nuisance claims against lead paint manufacturers, and to remove
the limitation on the relief available in actions brought by the Attorney
General.