NPCA battles California over emissions fees In December, the National Paint & Coatings Association filed a lawsuit in California court challenging the state’s fee program for VOC emissions.
The suit challenges a program authorized by legislative initiative AB 10X and enacted in March 2003. The program directs the state Air Resources Board to impose a fee for emissions from consumer products and architectural coatings sold in the state if a manufacturer’s total statewide sales will result in emissions of at least 250 tons per year of VOCs. The program also raises fees levied against facilities and other stationary sources of pollution.
NPCA’s complaint alleges that the statute and regulation violate state and federal constitutions.