Code Section

Health and Safety Code - HSC

DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 26275]

  ( Division 20 enacted by Stats. 1939, Ch. 60. )
  

CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47]

  ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. )
  

ARTICLE 1. General Provisions [25400.10 - 25400.12]
  ( Heading of Article 1 amended by Stats. 2019, Ch. 691, Sec. 2. )

  
25400.10.  

(a) The Legislature finds and declares all of the following:

(1) Methamphetamine use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of methamphetamine where those chemicals remain and where the contamination has not been remediated.

(2) Initial cleanup actions may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where methamphetamine production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated.

(3) Once methamphetamine laboratories have been closed, the public may be harmed by the materials and residues that remain.

(4) There is no statewide standardization of standards for determining when a site of a closed methamphetamine laboratory has been successfully remediated.

(5) Fentanyl use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of fentanyl where those chemicals remain and where the contamination has not been remediated.

(6) Initial cleanup actions of fentanyl contaminated property may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where fentanyl production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated.

(7) Once fentanyl laboratories have been closed, the public may be harmed by the materials and residues that remain. Skin absorption is a possible route of exposure and elevates the risk to public health.

(8) There are no statewide standards for determining when the site of a closed fentanyl drug laboratory has been successfully remediated.

(b) This chapter shall be known, and may be cited as, the “Methamphetamine or Fentanyl Contaminated Property Cleanup Act.”

(Amended by Stats. 2019, Ch. 691, Sec. 3. (AB 1596) Effective January 1, 2020.)