Section 106.
(a) The total sum of five hundred fifty-three million nine hundred thousand dollars ($553,900,000) is hereby appropriated from the General Fund, the Greenhouse Gas Reduction Fund, and the Toxic Substances Control Account established pursuant to Section 25173.6 of the Health and Safety Code to the Department of Toxic Substances Control to be released according to the following schedule and for the following purposes:(1) (A) For the 2021–22 fiscal year, two hundred forty million four hundred thousand dollars ($240,400,000).
(B) Of the amount specified in subparagraph (A), one hundred nine million dollars ($109,000,000) shall be allocated from the General Fund for the
following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the Health and Safety Code, at brownfield sites.
(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the
local economy.
(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:
(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.
(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a
release or potential release, including the operation and maintenance of a response action.
(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.
(v) (I) To assist in the development of a forum within the Department of Toxic Substances Control, consisting of no more than 25 members, that represents communities across California impacted by the Department of Toxic Substances Control’s programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of the Department of Toxic Substances Control and the Board of Environmental Safety.
(II) The Department of Toxic Substances Control shall provide members of the forum a one-hundred-dollar ($100) state per diem for
each day a forum meeting is held and the actual, reasonable travel expenses to attend the meeting.
(III) If members of the forum create working groups to assist with the forum’s work, a one-hundred-dollar ($100) state per diem compensation and the actual, reasonable travel expenses to attend the working group meetings may be made available to working group members at the discretion of the Department of Toxic Substances Control.
(IV) The Department of Toxic Substances Control may enter into any necessary contracts to implement the purposes of this clause.
(vi) To implement Section 25135 of the Health and Safety Code in the 2021–22 fiscal year.
(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred
thirty-one million four hundred thousand dollars ($131,400,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:
(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(ii) 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 former Exide Technologies facility in the City of Vernon.
(2) (A) For the 2022–23 fiscal year, one hundred
fifteen million dollars ($115,000,000).
(B) Of the amount specified in subparagraph (A), fifteen million dollars ($15,000,000) shall be allocated from the General Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the Health and Safety Code, at brownfield sites.
(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred million dollars ($100,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:
(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(ii) 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 former Exide Technologies facility in the City of Vernon.
(3) (A) For the 2023–24 fiscal year, ninety-one million dollars ($91,000,000).
(B) The Director of Finance may transfer up to the amount specified in subparagraph (A) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:
(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(ii) 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 former Exide Technologies facility in the City of Vernon.
(4) (A) For the 2024–25 fiscal year, sixty-five million dollars ($65,000,000).
(B) The amount specified in subparagraph (A) shall be allocated from the Greenhouse Gas Reduction Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant
program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the Health and Safety Code, at brownfield sites.
(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.
(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:
(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.
(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.
(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.
(v) (I) To assist in the development of a forum within the Department of Toxic Substances Control, consisting of no more than 25 members, that represents communities across
California impacted by the Department of Toxic Substances Control’s programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of the Department of Toxic Substances Control and the Board of Environmental Safety.
(II) The Department of Toxic Substances Control shall provide members of the forum a one-hundred-dollar ($100) state per diem for each day a forum meeting is held and the actual, reasonable travel expenses to attend the meeting.
(III) If members of the forum create working groups to assist with the forum’s work, a one-hundred-dollar ($100) state per diem compensation and the actual, reasonable travel expenses to attend the working group meetings may be made available to working group members at the discretion of the Department of Toxic Substances Control.
(IV) The Department of Toxic Substances Control may enter into any necessary contracts to implement the purposes of this clause.
(5) (A) For the 2026–27 fiscal year, forty-two million five hundred thousand dollars ($42,500,000).
(B) The amount specified in subparagraph (A) shall be allocated from the Greenhouse Gas Reduction Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the Health and Safety Code, at brownfield sites.
(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.
(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay
for any of the following:
(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.
(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.
(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.
(v) (I) To assist in the development of a forum within the Department of Toxic Substances Control,
consisting of no more than 25 members, that represents communities across California impacted by the Department of Toxic Substances Control’s programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of the Department of Toxic Substances Control and the Board of Environmental Safety.
(II) The Department of Toxic Substances Control shall provide members of the forum a one-hundred-dollar ($100) state per diem for each day a forum meeting is held and the actual, reasonable travel expenses to attend the meeting.
(III) If members of the forum create working groups to assist with the forum’s work, a one-hundred-dollar ($100) state per diem compensation and the actual, reasonable travel expenses to attend the working group meetings may be made available to working group members at the discretion of the Department of Toxic
Substances Control.
(IV) The Department of Toxic Substances Control may enter into any necessary contracts to implement purposes of this clause.
(b) All funds recovered from potentially responsible parties for the former Exide Technologies facility in the City of Vernon shall be used to repay the loans made pursuant to subdivision (a). If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loans made pursuant to subdivision (a), the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee.
(c) The Department of Toxic Substances Control may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) It is the intent of the Legislature that the funds appropriated pursuant to subdivision (a) be used to decrease environmental burdens on disadvantaged communities and not create an increased obligation to the state to fund the cleanup of orphan sites.
(e) The Board of Environmental Safety shall conduct an analysis of the expenditure of funds allocated by the Department of Toxic Substances Control for the purposes specified in subparagraph (B) of paragraph (1) of, subparagraph (B) of paragraph (2) of, and subparagraph (B) of paragraph (3) of, subdivision (a), on an annual basis until the funds have been entirely
liquidated by the Department of Toxic Substances Control. This analysis shall include the subsequent uses of the sites that have undergone investigation or cleanup in order to make recommendations to the Legislature on future expenditures of state funds for cleanup. In its analysis, the board shall also evaluate the public health benefits that those investigations or cleanups have created for the communities in which the sites are located.
(f) Notwithstanding any other law, the funding appropriated in subdivision (a) shall be available for encumbrance for four fiscal years after the fiscal year in which the funds are released.
(g) This section does not expand any obligation of the state to provide resources for cleanup of orphan sites beyond the funds appropriated in subdivision (a).
(h) (1) Until July 1, 2025, an agency administering moneys appropriated under this section may authorize advance payments of those moneys in accordance with Section 11019.1 of the Government Code.
(2) Paragraph (1) shall not apply to moneys appropriated in subparagraph (C) of paragraph (1) of subdivision (a).
(i) (1) Moneys appropriated from the Greenhouse Gas Reduction Fund pursuant to this section shall be used for the purpose of facilitating the achievement of reductions of emissions of greenhouse gases in this state in accordance with the requirements of Section 39712 of the Health and Safety Code or to improve climate change adaptation and resiliency, or environmental quality and public health, of California’s communities, with an
emphasis on disadvantaged communities, as defined in Section 39711 of the Health and Safety Code, or low-income households or communities, as defined in Section 39713 of the Health and Safety Code, consistent with Division 25.5 (commencing with Section 38500) of the Health and Safety Code.
(2) For moneys appropriated from the Greenhouse Gas Reduction Fund pursuant to this section, the Department of Toxic Substances Control may also comply with the requirements of paragraphs (2) and (3) of subdivision (a) of Section 16428.9 of the Government Code by describing how each proposed expenditure will improve climate change adaptation and resiliency, or environmental quality and public health, of disadvantaged communities or low-income households or communities.
(3) For the purposes of subdivision (b) of Section 16428.9 of the Government Code and Section 39720 of the Health and Safety
Code, the State Air Resources Board, in consultation with the Department of Toxic Substances Control, may develop methodologies and collect metrics or other information related to the description provided pursuant to paragraph (2) from the Department of Toxic Substances Control relating to the use of moneys appropriated from the Greenhouse Gas Reduction Fund pursuant to this section.