Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

AB-1553 Southern Los Angeles Ocean Chemical Waste Community Oversight Council.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 09/09/2021 09:00 PM
AB1553:v96#DOCUMENT

Amended  IN  Assembly  September 09, 2021
Amended  IN  Assembly  April 12, 2021
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1553


Introduced by Assembly Member O’Donnell

February 19, 2021


An act to add Section 14108 to the Government Code, and to add and repeal Section 91.7 of the Streets and Highways Code, relating to transportation. and repeal Part 4.8 (commencing with Section 71380) of Division 34 of the Public Resources Code, relating to environmental protection.


LEGISLATIVE COUNSEL'S DIGEST


AB 1553, as amended, O’Donnell. Department of Transportation: cleanup and maintenance projects: California Conservation Corps. Southern Los Angeles Ocean Chemical Waste Community Oversight Council.
Existing law establishes the California Environmental Protection Agency under the supervision of the Secretary for Environmental Protection, consisting of various departments, boards, and offices, and vests the agency with authority over various environmental matters.
This bill would establish, until January 1, 2026, the Southern Los Angeles Ocean Chemical Waste Community Oversight Council as a state agency within the California Environmental Protection Agency to oversee the study and mitigation of the negative impacts of manmade chemical waste deposits at or from the waters of the San Pedro Basin, off the coast of Los Angeles, where barrels of chemical waste, including, but not limited to, DDT, as defined, have been detected, defined as “Dumpsite-2.” The bill would prescribe requirements relating to the composition and administration of the council and would require that the council consist of 10 voting members and no more than 6 nonvoting members. The bill would require the voting members of the council to establish and elect officers, as provided, and would require the Secretary for Environmental Protection to select an executive director of the council, as provided.
This bill would require the council to hold a public meeting every 3 months, with the first meeting occurring on or before September 1, 2022, to review and provide feedback on proposed scientific studies and mitigation plans and completed scientific studies related to Dumpsite-2, as provided. The bill would require the council, on or before June 20, 2023, and on or before June 30 of each year thereafter, to report to the Governor and the Legislature with recommendations on how to further mitigate the negative impacts of manmade chemical waste deposits at or from Dumpsite-2, considering impacts on water quality, fish and wildlife habitat, and public health, and the technical and financial feasibility of proposed mitigation efforts.

Existing law vests the Department of Transportation with full possession and control of the state highway system, including associated property, and authorizes the department to administer highway maintenance programs, as specified. Existing law authorizes the Department of Transportation to require the removal of any encroachment in, under, or over any state highway.

Existing law establishes the California Conservation Corps and requires that young people participating in the corps program generally be engaged in projects that, among other things, accomplish useful and needed public works projects in both urban and rural areas. Existing law defines “community conservation corps” as a nonprofit public benefit corporation, as specified, or an agency operated by a city, county, or city and county, that is certified by the California Conservation Corps.

This bill would authorize the department to enter into an agreement directly with one or more certified community conservation corps to perform cleanup and maintenance projects authorized by the department. The bill would require the department to establish pursuant to this authority a pilot program to enter into agreements by April 1, 2022, with certified community conservation corps to perform cleanup and maintenance projects, as specified, on department property. The bill would require the program to include a plan to conduct cleanup and maintenance projects in the City of Long Beach and the County of Santa Clara, and would authorize plans to conduct similar projects in other areas of the state. As part of the pilot program, the bill would require the department to develop agreements with the certified community conservation corps operating in the areas where the pilot program is conducted, with provisions for corps members to conduct cleanup and maintenance projects on department property. The bill would also require the agreement to include provisions governing compensation for the certified community conservation corps for all work associated with authorized projects. The bill would require the department to, on or before December 31, 2026, submit a report to the Legislature that includes information on the locations of, and time of completion for, all projects conducted as part of the pilot program. The pilot program provisions would be repealed on January 1, 2027.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Part 4.8 (commencing with Section 71380) is added to Division 34 of the Public Resources Code, to read:

PART 4.8. Southern Los Angeles Ocean Chemical Waste Community Oversight Council

71380.
 Unless the context otherwise requires, the following definitions govern the construction of this part:
(a) “Council” means the Southern Los Angeles Ocean Chemical Waste Community Oversight Council established pursuant to Section 71381.
(b) “DDT” means dichlorodiphenyltrichloroethane or any metabolite or byproduct thereof, including, but not limited to, 1,1-dichloro-2-2-bis(p-chlorophenyl)ethylene (DDE) and dichlorodiphenyldichloroethane (DDD).
(c) “Dumpsite-2” means the waters of the San Pedro Basin, off the coast of Los Angeles, where barrels of chemical waste, including, but not limited to, DDT, have been detected.

71381.
 (a) There is in the California Environmental Protection Agency the Southern Los Angeles Ocean Chemical Waste Community Oversight Council, which is hereby established as a state agency to oversee the study and mitigation of the negative impacts of manmade chemical waste deposits at or from Dumpsite-2 and to communicate with the public on those efforts, including, but not limited to, all of the following:
(1) Efforts to locate and identify manmade chemical waste at Dumpsite-2.
(2) Investigations of water quality, sedimentation, wildlife, and human health relating to the impacts in the coastal waters of the state of chemical contaminants at or from Dumpsite-2.
(3) Investigations into the viability of any plan to remove, contain, mitigate, or eliminate chemical waste in the coastal waters of the state at or from Dumpsite-2.
(4) Education of the public on the investigation of the fate and transport in the coastal waters of the state of the chemical contaminants at or from Dumpsite-2 and the safety ramifications of the chemical contaminants at or from Dumpsite-2.
(b) To accomplish the oversight goals identified in subdivision (a), the council shall hold a public meeting every three months, with the first public meeting occurring on or before September 1, 2022, to do both of the following:
(1) Review and provide feedback on proposed scientific studies and mitigation strategies related to Dumpsite-2.
(2) Review completed scientific studies related to Dumpsite-2 to assess the implications of the studies on current and future mitigation efforts.
(c) (1) On or before June 30, 2023, and on or before June 30 of each year thereafter, the council shall report to the Governor and the Legislature with recommendations on how to further mitigate the negative impacts of manmade chemical waste deposits at or from Dumpsite-2. In developing the recommendations required pursuant to this paragraph, the council shall consider impacts on water quality, fish and wildlife habitat, and public health, and the technical and financial feasibility of proposed mitigation efforts.
(2) The council shall submit the report to the Legislature required pursuant to paragraph (1) in compliance with Section 9795 of the Government Code.

71382.
 (a) The council shall consist of 10 voting members and no more than 6 nonvoting members appointed or designated as follows:
(1) Ten voting members consisting of the following:
(A) The Secretary for Environmental Protection.
(B) The Chairperson of the State Water Resources Control Board.
(C) The Director of the State Department of Public Health.
(D) The Director of the Department of Toxic Substances Control.
(E) Six members of the public, none of whom shall be elected officials at the time of appointment, appointed by the Governor as follows:
(i) Two members of the public, each of whom represents a different Los Angeles regional environmental or environmental justice organization.
(ii) Two members of the public, each of whom represents a different statewide environmental or environmental justice organization.
(iii) One member of the public who represents a statewide or Los Angeles regional fishing organization.
(iv) One member of the public who represents a statewide or Los Angeles regional tourism industry organization.
(2) No more than six nonvoting members consisting of the following:
(A) One research scientist from the University of California designated by the University of California Office of the President.
(B) One research scientist from the California State University designated by the California State University Office of the Chancellor.
(C) One Assembly Member appointed by the Speaker of the Assembly.
(D) One Senator appointed by the Senate Committee on Rules.
(E) One member from, and designated by, the National Oceanic and Atmospheric Administration, if the agency agrees to do so.
(F) One member from, and designated by, the United States Environmental Protection Agency, if the agency agrees to do so.
(b) A state or local official who is a member of the council may designate a member of the official’s executive staff, or, in the case of the Chairperson of the State Water Resources Control Board, the board’s executive director or another member of the board, to vote on the member’s behalf and otherwise discharge the duties of the member when the member is not in attendance. Notice of this designation shall be promptly communicated in writing to the chairperson of the council.
(c) A vacant council member position shall be filled by the appointing or designating authority as identified in subparagraph (E) of paragraph (1) of subdivision (a) and subparagraphs (A) to (F), inclusive, of paragraph (2) of subdivision (a).
(d) (1) The members of the council shall serve without compensation.
(2) Notwithstanding paragraph (1), a council member may be reimbursed for the member’s actual and necessary expenses, including travel expenses, incurred in traveling to and attending council meetings and in carrying out required duties.

71383.
 (a) The Secretary for Environmental Protection shall, in consultation with the council, select an executive director of the council.
(b) The executive director of the council shall be exempt from civil service and shall serve at the pleasure of the Secretary for Environmental Protection.
(c) For purposes of this part, the executive director of the council shall be an employee of the California Environmental Protection Agency.

71384.
 (a) The council shall provide overall guidance and oversight on research and mitigation efforts at Dumpsite-2.
(b) (1) The voting members of the council shall annually elect, from among the voting members, a chairperson, a vice chairperson, and other necessary officers, as determined by the council, each of whom shall serve a term of one year. A person that has previously served as a council officer or is serving as a council officer at the time of an election may be reelected for an unlimited number of additional terms.
(2) The council shall fill a vacancy of any council officer position by election and the member selected shall serve the remainder of the one-year term.
(3) The offices of the chairperson and the vice chairperson shall not be held concurrently by any persons who both fall in one of the following categories:
(A) Persons identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) of Section 71382.
(B) Persons identified in clauses (i) and (ii) of subparagraph (E) of paragraph (1) of subdivision (a) of Section 71382.
(C) Persons identified clauses (iii) and (iv) of subparagraph (E) of paragraph (1) of subdivision (a) of Section 71382.
(c) (1) Seven of the voting members of the council shall constitute a quorum for the transaction of the business of the council.
(2) The council shall make decisions by a majority of the total number of voting members.
(3) A voting member that has a conflict of interest shall recuse themselves from voting on the item for which a conflict of interest exists.
(d) The council may adopt rules, regulations, and procedures for the conduct of business by the council.

71385.
 (a) The council’s jurisdiction is limited to Dumpsite-2 and the coastal waters of the state directly impacted by contaminants at or from Dumpsite-2.
(b) This part does not grant to the council any regulatory authority, including, but not limited to, any of the following:
(1) The authority to regulate land use.
(2) Any authority to regulate activities on land, unless the regulation is carried out pursuant to an agreement with an owner of an interest in the land.
(3) Any water quality regulatory authority.
(c) Nothing in this part interferes with or prevents the exercise of authority by any other public agency to carry out its programs, projects, or responsibilities.
(d) Nothing in this part affects the requirements of any other law.

71386.
 This part shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.

SECTION 1.Section 14108 is added to the Government Code, to read:
14108.

(a)For purposes of this section, “certified community conservation corps” means a community conservation corps that has been certified as described in Section 14507.5 of the Public Resources Code.

(b)The department may enter into an agreement directly with one or more certified community conservation corps to perform projects authorized by the department, including, but not limited to, the following:

(1)Roadside maintenance along department rights-of-way.

(2)Litter pick up.

(3)Clearing of debris, brush, and trees.

(4)Replanting of vegetation.

(5)Repairing and clearing drainage ditches.

(6)Safety trainings.

(7)Trimming or removing brush and trees, including those that are dead, overgrown, or obstruct visibility.

(8)Removing brush, trees, and other debris in ditches, culverts, channels, or natural gullies leading to cross-highway drainage.

(9)Creating firebreaks at fence lines and where appropriate adjacent to road shoulders.

(10)Removing fire tinder.

(11)Planting natural vegetation on areas subject to erosion.

(12)Removing and restoring plants in landscaped areas.

(13)Manually controlling weeds.

(14)Restoring water systems.

(15)Cleaning the back side of landscape areas along streets and frontage roads.

(16)Purchasing or renting vehicles and other equipment.

(17)Removing trash, debris, and other materials from previous homeless encampments.

SEC. 2.Section 91.7 is added to the Streets and Highways Code, to read:
91.7.

(a)Pursuant to the authority described in Section 14108 of the Government Code, the department shall establish a pilot program to enter into agreements by April 1, 2022, with certified community conservation corps to perform projects authorized pursuant to subdivision (b) of Section 14108 of the Government Code on department property.

(b)The program shall include a plan to conduct the projects identified pursuant to subdivision (b) of Section 14108 of the Government Code on department property within the City of Long Beach and the County of Santa Clara and may include plans to conduct similar projects on department property in other areas of the state.

(c)As part of the program, the department shall enter into agreements with the certified community conservation corps operating in the areas where the pilot program is conducted that shall include, but not be limited to, both of the following:

(1)Provisions for corps members to conduct projects on department property, including, but not limited to, projects identified pursuant to subdivision (b) of Section 14108 of the Government Code.

(2)Provisions governing compensation for the certified community conservation corps for all work associated with authorized projects.

(d)The department shall, on or before December 31, 2026, submit a report to the Legislature, pursuant to Section 9795 of the Government Code, that identifies the locations of, and time of completion for, all projects conducted as part of the pilot program.

(e)For purposes of this section, “certified community conservation corps” means a community conservation corps that has been certified as described in Section 14507.5 of the Public Resources Code.

(f)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.