BILL NUMBER: SB 536 CHAPTERED
BILL TEXT
CHAPTER 587
FILED WITH SECRETARY OF STATE OCTOBER 6, 2005
APPROVED BY GOVERNOR OCTOBER 6, 2005
PASSED THE SENATE SEPTEMBER 8, 2005
PASSED THE ASSEMBLY SEPTEMBER 8, 2005
AMENDED IN ASSEMBLY SEPTEMBER 1, 2005
AMENDED IN ASSEMBLY AUGUST 29, 2005
AMENDED IN ASSEMBLY JUNE 28, 2005
AMENDED IN SENATE MAY 25, 2005
INTRODUCED BY Senator Bowen
FEBRUARY 18, 2005
An act to amend Section 25354.5 of the Health and Safety Code,
relating to hazardous substances, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 536, Bowen Illegal Drug Lab Cleanup Account: methamphetamine.
Existing law requires the Department of Toxic Substances Control
to take removal actions with respect to a hazardous substance that is
an illegal controlled substance, a precursor of a controlled
substance, or a material intended to be used in the unlawful
manufacture of a controlled substance.
Existing law provides that for purposes of the hazardous waste
control laws and the Carpenter-Presley-Tanner Hazardous Substance
Account Act, a person who is found to have operated a site for the
purposes of manufacturing an illegal controlled substance, as
specified, is the generater of any hazardous substance at, or
released from, the site. The department is authorized to adopt
regulations to implement these provisions in consultation with local
law enforcement and local environmental agencies. The department is
authorized to expend funds appropriated from the Illegal Drug Lab
Cleanup Account in the General Fund for this purpose. Existing law,
the Budget Act of 2005, appropriates $2,073,000 from the Illegal Drug
Lab Cleanup Account to the Department of Toxic Substances Control.
Existing law prohibits a state agency from issuing, utilizing, or
enforcing any guideline, criterion, bulletin, manual, instruction,
order, standard of general application, or other rule, that is a
regulation, unless the guideline, criterion, bulletin, manual,
instruction, order, standard of general application, or other rule is
adopted as a regulation pursuant to the Administrative Procedure
Act.
This bill would require the department to develop sampling and
analytical methods for the collection of methamphetamine residue, and
by October 1, 2007, to adopt a health-based target remediation
standard for methamphetamine. The bill would require the department,
by October 1, 2008, to the extent that funding is available, to adopt
health-based target remediation standards for iodine, methyl iodide,
and phosphine, and would authorize the department to develop
additional health-based target remediation standards. The bill would
require the department to adopt, by October 1, 2009, investigation
and cleanup procedures for use in the remediation of sites
contaminated by the illegal manufacturing of methamphetamine. The
bill would require the department to develop those methods,
standards, and procedures in a prescribed manner.
The bill would authorize the department to expend the funds in the
Illegal Drug Lab Cleanup Account to develop those standards and
procedures, including funding the interagency agreement, thereby
making an appropriation by changing the purpose for which funds are
appropriated from that account.
This bill would additionally provide that for purposes of the
Methamphetamine Contaminated Property Cleanup Act of 2005, that is
proposed to be added by Assembly Bill 1078, a person who is found to
have operated a site for the purposes of manufacturing an illegal
controlled substance, as specified, is the generator of any hazardous
substance at, or released from, the site.
The bill would become operative only if AB 1078 is enacted and
becomes effective on or before January 1, 2006.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION. 1. Section 25354.5 of the Health and Safety Code is
amended to read:
25354.5. (a) A state or local law enforcement officer or
investigator or other law enforcement agency employee who, in the
course of an official investigation or enforcement action regarding
the manufacture of any illegal controlled substance, comes in contact
with, or is aware of, the presence of a substance that the person
suspects is a hazardous substance at a site where an illegal
controlled substance is or was manufactured, shall notify the
department for the purpose of taking removal action, as necessary, to
prevent, minimize, or mitigate damage that might otherwise result
from the release or threatened release of the hazardous substance,
except for samples required under Section 11479.5 to be kept for
evidentiary purposes.
(b) (1) Notwithstanding any other provision of law, upon receipt
of a notification pursuant to subdivision (a), the department shall
take removal action, as necessary, with respect to any hazardous
substance that is an illegal controlled substance, a precursor of a
controlled substance, a material intended to be used in the unlawful
manufacture of a controlled substance and any container for such a
material, a waste material from the unlawful manufacture of a
controlled substance, or any other item contaminated with a hazardous
substance used or intended to be used in the manufacture of a
controlled substance. The department may expend funds appropriated
from the Illegal Drug Lab Cleanup Account created pursuant to
subdivision (f) to pay the costs of removal actions required by this
section. The department may enter into oral contracts, not to exceed
ten thousand dollars ($10,000) in obligation, when, in the judgment
of the department, immediate corrective action to a hazardous
substance subject to this section is necessary to remedy or prevent
an emergency.
(2) The department shall, as soon as the information is available,
report the location of any removal action that will be carried out
pursuant to paragraph (1), and the time that the removal action will
be carried out, to the local environmental health officer within
whose jurisdiction the removal action will take place, if the local
environmental officer does both of the following:
(A) Requests, in writing, that the department report this
information to the local environmental health officer.
(B) Provides the department with a single 24-hour telephone number
to which the information can be reported.
(c) (1) For purposes of Chapter 6.5 (commencing with Section
25100), Chapter 6.9.1 (commencing with Section 25400.10), or this
chapter, any person who is found to have operated a site for the
purpose of manufacturing an illegal controlled substance or a
precursor of an illegal controlled substance is the generator of any
hazardous substance at, or released from, the site that is subject to
removal action pursuant to this section.
(2) During the removal action, for purposes of complying with the
manifest requirements in Section 25160, the department, the county
health department, the local environmental health officer, or their
designee may sign the hazardous waste manifest as the generator of
the hazardous waste. In carrying out that action, the department, the
county health department, the local environmental health officer, or
their designee shall be considered to have acted in furtherance of
their statutory responsibilities to protect the public health and
safety and the environment from the release, or threatened release,
of hazardous substances, and the department, the county health
department, the local environmental health officer, or their designee
are not responsible parties for the release or threatened release of
the hazardous substances.
(3) The officer, investigator, or agency employee specified in
subdivision (a) is not a responsible party for the release or
threatened release of any hazardous substances at, or released from,
the site.
(d) The department may adopt regulations to implement this section
in consultation with appropriate law enforcement and local
environmental agencies.
(e) (1) The department shall develop sampling and analytical
methods for the collection of methamphetamine residue.
(2) On or before October 1, 2007, the department, using guidance
developed by the Office of Environmental Health Hazard Assessment,
shall develop a health-based target remediation standard for
methamphetamine.
(3) On or before October 1, 2008, the department shall, to the
extent funding is available, develop health-based target remediation
standards for iodine, methyl iodide, and phosphine.
(4) To the extent that funding is available, the department, using
guidance developed by the Office of Environmental Health Hazard
Assessment, may develop additional health-based target remediation
standards for additional precursors and byproducts of
methamphetamine.
(5) On or before October 1, 2009, the department shall adopt
investigation and cleanup procedures for use in the remediation of
sites contaminated by the illegal manufacturing of methamphetamine.
The procedures shall assure that contamination by the illegal
manufacturing of methamphetamine can be remediated to meet the
standards adopted pursuant to paragraphs (2) to (4), inclusive, to
protect the health and safety of all future occupants of the site.
(6) The department shall implement this subdivision in accordance
with subdivision (d).
(f) The Illegal Drug Lab Cleanup Account is hereby created in the
General Fund and the department may expend any money in the account,
upon appropriation by the Legislature, to carry out the removal
actions required by this section and to implement subdivision (e),
including, but not limited to, funding any interagency agreement
entered into with the Office of Environmental Health Hazard
Assessment to provide guidance services. The account shall be funded
by moneys appropriated directly from the General Fund.
(g) The responsibilities assigned to the department by this
section apply only to the extent that sufficient funding is made
available for that purpose.
SEC. 2. This act shall become operative only if Assembly Bill 1078
of the 2005-06 Regular Session of the Legislature is enacted and
becomes effective on or before January 1, 2006.