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AB-2189 Hazardous substances: lead: cleanup: Exide Technologies facility.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2189:v97#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2189


Introduced by Assembly Member Santiago

February 12, 2018


An act to amend Section 25173.6 of, and to add Section 25173.8 25215.52 to, the Health and Safety Code, and to amend Section 2 of Chapter 10 of the Statutes of 2016, relating to hazardous substances, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 2189, as amended, Santiago. Hazardous substances: lead: cleanup: Exide Technologies facility.

Existing

(1) Existing law establishes the Toxic Substances Control Account in the General Fund and authorizes the expenditure of moneys in the account, upon appropriation, for, among other purposes, the payment of all costs of removal and remedial action incurred by the state in response to a release or threatened release of a hazardous substance, as specified.
Existing law appropriated $176,600,000 from the Toxic Substances Control Account to the department, for expenditure through June 30, 2018, for specified purposes, including, among others, including activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California.
This bill would authorize the expenditure of those funds through June 30, 2021.
(2) Existing law, the Lead-Acid Battery Recycling Act of 2016, prohibits a person from disposing of, or attempting to dispose of, a lead-acid battery at a solid waste facility or on or in any land, surface waters, watercourses, or marine waters, but authorizes a person to dispose of a lead-acid battery at certain locations. The act imposes a fee on manufacturers of lead-acid batteries for each lead-acid battery sold at retail to a person in California, or sold to a dealer, wholesaler, distributor, or other person for retail sale in California, and imposes a fee on a person who purchases a replacement lead-acid battery from a dealer, as provided.
The act creates in the State Treasury the Lead-Acid Battery Cleanup Fund and requires that the fees collected pursuant to the act, except for specified administrative expenses, be deposited into the fund. The act requires that moneys in the fund be expended for specified purposes, including for investigation, site evaluation, cleanup, remedial action, removal, monitoring, or other response actions at any area of the state that is reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility.

The

This bill would appropriate $12,000,000 from the Toxic Substances Control Account fund to the department for specified purposes, including, among others, for interim removal or remedial action measures in public parkway sites in the communities surrounding the Exide Technologies facility with lead levels that could pose a substantial danger to human health or the environment. The bill would require the County of Los Angeles, to the extent feasible, to use any lead-based paint remediation federal funding, consistent with federal law, or grant funding that it receives for lead-based paint remediation to provide specified services to residents in the communities surrounding the Exide Technologies facility. Because the bill would impose new duties on the County of Los Angeles, the bill would impose a state-mandated local program.
(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 2 of Chapter 10 of the Statutes of 2016 is amended to read:

Sec. 2.

 The sum of one hundred seventy-six million six hundred thousand dollars ($176,600,000) is hereby appropriated from the Toxic Substances Control Account to the Department of Toxic Substances Control and shall be available for expenditure through June 30, 2021. These moneys shall be available for any of the following:
(a) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California.
(b) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California.
(c) Actions taken to pursue all available remedies against potentially responsible parties, including, but not limited to, cost recovery actions against entities that are potentially responsible, for the costs related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California.
SEC. 2.Section 25173.6 of the Health and Safety Code is amended to read:
25173.6.

(a)There is in the General Fund the Toxic Substances Control Account, which shall be administered by the director. In addition to any other money that may be appropriated by the Legislature to the Toxic Substances Control Account, all of the following shall be deposited in the account:

(1)The fees collected pursuant to Section 25205.6.

(2)The fees collected pursuant to Section 25187.2, to the extent that those fees are for oversight of a removal or remedial action taken under Chapter 6.8 (commencing with Section 25300) or Chapter 6.86 (commencing with Section 25396).

(3)Fines or penalties collected pursuant to this chapter, Chapter 6.8 (commencing with Section 25300) or Chapter 6.86 (commencing with Section 25396), except as directed otherwise by Section 25192.

(4)Interest earned upon money deposited in the Toxic Substances Control Account.

(5)All money recovered pursuant to Section 25360, except any amount recovered on or before June 30, 2006, that was paid from the Hazardous Substance Cleanup Fund.

(6)All money recovered pursuant to Section 25380.

(7)All penalties recovered pursuant to Section 25214.3, except as provided by Section 25192.

(8)All penalties recovered pursuant to Section 25214.22.1, except as provided by Section 25192.

(9)All penalties recovered pursuant to Section 25215.7, except as provided by Section 25192.

(10)Reimbursements for funds expended from the Toxic Substances Control Account for services provided by the department, including, but not limited to, reimbursements required pursuant to Sections 25201.9 and 25343.

(11)Money received from the federal government pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).

(12)Money received from responsible parties for remedial action or removal at a specific site, except as otherwise provided by law.

(b)The funds deposited in the Toxic Substances Control Account may be appropriated to the department for the following purposes:

(1)The administration and implementation of the following:

(A)Chapter 6.8 (commencing with Section 25300), except that funds shall not be expended from the Toxic Substances Control Account for purposes of Section 25354.5.

(B)Chapter 6.86 (commencing with Section 25396).

(C)Article 10 (commencing with Section 7710) of Chapter 1 of Division 4 of the Public Utilities Code, to the extent the department has been delegated responsibilities by the Secretary for Environmental Protection for implementing that article.

(D)Activities of the department related to pollution prevention and technology development, authorized pursuant to this chapter.

(E)Section 25173.8.

(2)The administration of the following units, and successor organizations of those units, within the department, and the implementation of programs administered by those units or successor organizations:

(A)The Human and Ecological Risk Office.

(B)The Environmental Chemistry Laboratory.

(C)The Office of Pollution Prevention and Technology Development.

(3)For allocation to the Office of Environmental Health Hazard Assessment, pursuant to an interagency agreement, to assist the department as needed in administering the programs described in subparagraphs (A) and (B) of paragraph (1).

(4)For allocation to the California Department of Tax and Fee Administration to pay refunds of fees collected pursuant to Section 43054 of the Revenue and Taxation Code.

(5)For the state share mandated pursuant to paragraph (3) of subsection (c) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)).

(6)For the purchase by the state, or by a local agency with the prior approval of the director, of hazardous substance response equipment and other preparations for response to a release of hazardous substances. However, all equipment shall be purchased in a cost-effective manner after consideration of the adequacy of existing equipment owned by the state or the local agency, and the availability of equipment owned by private contractors.

(7)For payment of all costs of removal and remedial action incurred by the state, or by a local agency with the approval of the director, in response to a release or threatened release of a hazardous substance, to the extent the costs are not reimbursed by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).

(8)For payment of all costs of actions taken pursuant to subdivision (b) of Section 25358.3, to the extent that these costs are not paid by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).

(9)For all costs incurred by the department in cooperation with the Agency for Toxic Substances and Disease Registry established pursuant to subsection (i) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(i)) and all costs of health effects studies undertaken regarding specific sites or specific substances at specific sites. Funds appropriated for this purpose shall not exceed five hundred thousand dollars ($500,000) in a single fiscal year. However, these actions shall not duplicate reasonably available federal actions and studies.

(10)For repayment of the principal of, and interest on, bonds sold pursuant to Article 7.5 (commencing with Section 25385) of Chapter 6.8.

(11)Direct site remediation costs.

(12)For the department’s expenses for staff to perform oversight of investigations, characterizations, removals, remediations, or long-term operation and maintenance.

(13)For the administration and collection of the fees imposed pursuant to Section 25205.6.

(14)For allocation to the office of the Attorney General, pursuant to an interagency agreement or similar mechanism, for the support of the Toxic Substance Enforcement Program in the office of the Attorney General, in carrying out the purposes of Chapter 6.8 (commencing with Section 25300) and Chapter 6.86 (commencing with Section 25396).

(15)For funding the California Environmental Contaminant Biomonitoring Program established pursuant to Chapter 8 (commencing with Section 105440) of Part 5 of Division 103.

(16)As provided in Sections 25214.3 and 25215.7 and, with regard to penalties recovered pursuant to Section 25214.22.1, to implement and enforce Article 10.4 (commencing with Section 25214.11).

(17)(A)Commencing July 1, 2015, for the administration and implementation of this chapter as it applies to metal recycling facilities, which includes, but is not limited to, the following:

(i)Conducting inspections and investigations of metal recycling facilities.

(ii)Pursuing administrative, civil, or criminal enforcement actions, or some combination of those actions, against metal recycling facilities.

(iii)Developing interim industry operating standards to use in enforcement actions, in part by collecting and analyzing data to identify the various types, locations, types and scale of activities, and regulatory histories of metal recycling facilities.

(iv)Conducting outreach efforts with the metal recycling facility industry and the communities surrounding metal recycling facilities.

(v)Developing and adopting industry-specific regulations.

(vi)Collecting samples at or within the vicinity of metal recycling facilities and analyzing those samples.

(B)(i)For purposes of this section only, “metal recycling facility” includes any facility receiving and handling discarded manufactured metal objects and other metal-containing wastes for the purpose of extracting the ferrous and nonferrous constituents or for the purpose of processing discarded manufactured metal objects and other metal-containing wastes in preparation for extracting the ferrous and nonferrous constituents.

(ii)For purposes of this section only, “metal recycling facility” does not include a metal shredding facility that has been issued a nonhazardous waste determination by the department pursuant to subdivision (f) of Section 66260.200 of Title 22 of the California Code of Regulations and is continuing to operate under the terms and conditions of that determination.

(C)This paragraph shall remain operative only until June 30, 2018.

(c)The funds deposited in the Toxic Substances Control Account may be appropriated by the Legislature to the Office of Environmental Health Hazard Assessment and the State Department of Public Health for the purposes of carrying out their duties pursuant to the California Environmental Contaminant Biomonitoring Program (Chapter 8 (commencing with Section 105440) of Part 5 of Division 103).

(d)The director shall expend federal funds in the Toxic Substances Control Account consistent with the requirements specified in Section 114 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9614), upon appropriation by the Legislature, for the purposes for which they were provided to the state.

(e)Money in the Toxic Substances Control Account shall not be expended to conduct removal or remedial actions if a significant portion of the hazardous substances to be removed or remedied originated from a source outside the state.

(f)The Director of Finance, upon request of the director, may make a loan from the General Fund to the Toxic Substances Control Account to meet cash needs. The loan shall be subject to the repayment provisions of Section 16351 of the Government Code and the interest provisions of Section 16314 of the Government Code.

(g)The Toxic Substances Control Account established pursuant to subdivision (a) is the successor fund of all of the following:

(1)The Hazardous Substance Account established pursuant to Section 25330, as that section read on June 30, 2006.

(2)The Hazardous Substance Clearing Account established pursuant to Section 25334, as that section read on June 30, 2006.

(3)The Hazardous Substance Cleanup Fund established pursuant to Section 25385.3, as that section read on June 30, 2006.

(4)The Superfund Bond Trust Fund established pursuant to Section 25385.8, as that section read on June 30, 2006.

(h)On and after July 1, 2006, all assets, liabilities, and surplus of the accounts and funds listed in subdivision (g), shall be transferred to, and become a part of, the Toxic Substances Control Account, as provided by Section 16346 of the Government Code. All existing appropriations from these accounts, to the extent encumbered, shall continue to be available for the same purposes and periods from the Toxic Substances Control Account.

(i)Notwithstanding Section 10231.5 of the Government Code, the department, on or before February 1 of each year, shall report to the Governor and the Legislature on the prior fiscal year’s expenditure of funds within the Toxic Substances Control Account for the purposes specified in subdivision (b).

SEC. 3.SEC. 2.

 Section 25173.8 25215.52 is added to the Health and Safety Code, immediately following Section 25215.5, to read:

25173.8.25215.52.
 (a) The sum of twelve million dollars ($12,000,000) is hereby appropriated from the Toxic Substances Control Account Lead-Acid Battery Cleanup Fund to the department for any of the following:
(1) (A) Lead sampling and testing of public parkways in the communities surrounding the Exide Technologies facility in the City of Vernon, California. Lead sampling and testing pursuant to this paragraph shall be completed on or before July 1, 2019.
(B) The department shall post on its Internet Web site the number of properties sampled and tested pursuant to this paragraph and shall update these numbers on the department’s Internet Web site at least twice per month until July 1, 2019.
(2) Interim removal or remedial action measures in those public parkways in the communities surrounding the Exide Technologies facility in the City of Vernon, California, with lead levels that could pose a substantial danger to human health or the environment.
(3) Actions taken to pursue all available remedies against potentially responsible parties, including, but not limited to, cost recovery actions, for the costs related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California.
(b) The County of Los Angeles shall, to the extent feasible, use any lead-based paint remediation federal funding, consistent with federal law, or grant funding that it receives for lead-based paint remediation to provide to residents in the communities surrounding the Exide Technologies facility in the City of Vernon, California, wraparound services, including, but not limited to, the following:
(1) The abatement of lead-based paint hazards on residential properties, including single-family and multifamily residential properties.
(2) The production of a survey to residents to determine which, if any, county resources and programs are being accessed and used by households during the period of lead remediation.
(3) Ongoing blood-lead level testing of residents to document any changes in blood-lead levels over time.
(4) Providing to affected residents educational literature and resources on the dangers of lead and providing information on the health, safety, and remediation resources that are available to households in the affected area.
(c) It is the intent of the Legislature that the state and the County of Los Angeles undertake an immediate review of their lead content exposure remediation guidelines, especially in areas of major public health concern, to more appropriately conform to those maintained and suggested by the federal Centers for Disease Control.

SEC. 4.SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique lead cleanup and remediation needs of communities surrounding the Exide Technologies facility in the County of Los Angeles.
SEC. 5.SEC. 4.

SEC. 5.SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.