Amended in Senate April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 118


Introduced bybegin delete Committee on Budget (Weber (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin, Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams)end deletebegin insert Assembly Member Santiagoend insert

begin insert

(Principal coauthors: Assembly Members Cristina Garcia, Gomez, and Rendon)

end insert
begin insert

(Principal coauthors: Senators De León and Lara)

end insert

January 9, 2015


An act relating tobegin delete the Budget Act of 2015.end deletebegin insert hazardous substances, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 118, as amended, begin deleteCommittee on Budgetend delete begin insertSantiagoend insert. begin deleteBudget Act of 2015. end deletebegin insertHazardous substances: cleanup: Exide Technologies facility.end insert

begin insert

Existing law establishes the Toxic Substances Control Account in the General Fund and authorizes moneys in the account, upon appropriation, to be used 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.

end insert
begin insert

This bill would appropriate $176,600,000 from the account to the Department of Toxic Substances Control for activities related to the cleanup and investigation of lead-contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon, including job training activities, and actions taken to pursue all available remedies against potentially responsible parties. The bill would require the department to engage the impacted community, as specified; develop a Job and Development Training Program, as specified; and post on its Internet Web site specified information.

end insert
begin insert

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

In enacting this act, it is the intent of the
2Legislature to address the significant potential public health impact
3of lead contamination in the communities surrounding the Exide
4Technologies facility in the City of Vernon.

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The sum of one hundred seventy-six million six hundred
6thousand dollars ($176,600,000) is hereby appropriated from the
7Toxic Substances Control Account to the Department of Toxic
8Substances Control and shall be available for expenditure through
9June 30, 2018. These moneys shall be available for any of the
10following:

end insert
begin insert

11
(a) Activities related to the cleanup and investigation of
12properties contaminated with lead in the communities surrounding
13the Exide Technologies facility in the City of Vernon, California.

end insert
begin insert

14
(b) Notwithstanding Section 25173.6 of the Health and Safety
15Code, job training activities related to the cleanup and
16investigation of the properties contaminated with lead in the
17communities surrounding the Exide Technologies facility in the
18City of Vernon, California.

end insert
begin insert

19
(c) Actions taken to pursue all available remedies against
20potentially responsible parties, including, but not limited to, cost
21recovery actions against entities that are potentially responsible,
22for the costs related to the cleanup and investigation of properties
23contaminated with lead in the communities surrounding the Exide
24Technologies facility in the City of Vernon, California.

end insert
25begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

(a) Prior to approval of a cleanup plan, the
26Department of Toxic Substances Control shall engage the impacted
27community and provide meaningful opportunities for the public
P3    1to participate in the Department of Toxic Substances Control’s
2cleanup plan preparation process, which shall include, at a
3minimum, a quarterly public meeting.

end insert
begin insert

4
(b) As part of this process, the Department of Toxic Substances
5Control shall collaborate with the impacted community to prepare
6and make available a Public Participation Plan that specifies the
7Department of Toxic Substances Control’s commitments to engage
8and involve the community in the cleanup plan preparation process.

end insert
begin insert

9
(c) In addition, the Department of Toxic Substances Control
10shall meet all applicable public participation and notification
11requirements outlined in the Carpenter-Presley-Tanner Hazardous
12Substance Account Act (Chapter 6.8 (commencing with Section
1325300) of Division 20 of the Health and Safety Code).

end insert
14begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

(a) In order to meet the demands and timelines for
15the residential cleanup, as well as promote public health and
16support the local economy, the Department of Toxic Substances
17Control shall develop a Job and Development Training Program
18with the goals of providing environmental skills, health and safety
19training, and support for job placement related to the cleanup for
20community members living near the Exide Technologies facility
21in the City of Vernon, California.

end insert
begin insert

22
(b) In creating the program pursuant to subdivision (a), the
23Department of Toxic Substances Control shall consult existing
24programs, including, but not limited to, the United States
25Environmental Protection Agency’s Brownfields Workforce
26Development and Job Training Program.

end insert
begin insert

27
(c) The Department of Toxic Substances Control may partner
28with other experienced workforce development programs and
29training partners, and coordinate with local governments, nonprofit
30organizations, and community stakeholders.

end insert
31begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

(a) (1) The Department of Toxic Substances Control
32shall post on its Internet Web site all of the following:

end insert
begin insert

33
(A) The number of access agreements signed.

end insert
begin insert

34
(B) The number properties sampled.

end insert
begin insert

35
(C) The number of properties remediated or cleaned up.

end insert
begin insert

36
(2) The Department of Toxic Substances Control shall update
37the numbers posted pursuant to paragraph (1) at least twice a
38month.

end insert
begin insert

39
(b) At the Department of Toxic Substances Control’s
40presentation of its proposed budget, the department shall provide
P4    1to the Senate Committee on Budget and Fiscal Review and the
2Assembly Committee on Budget a report that addresses all of the
3following:

end insert
begin insert

4
(1) An update on the cleanup activities near the Exide
5Technologies facility in the City of Vernon, California, including
6a summary of the environmental review of the cleanup activities.

end insert
begin insert

7
(2) The number of properties sampled and a summary of the
8findings, which can be broken down in the approximate number
9of residences in priority 1, 2, and 3.

end insert
begin insert

10
(3) The number of properties that have been remediated or
11cleaned up.

end insert
begin insert

12
(4) The number of access agreements signed.

end insert
13begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
14to the Budget Bill within the meaning of subdivision (e) of Section
1512 of Article IV of the California Constitution, has been identified
16as related to the budget in the Budget Bill, and shall take effect
17immediately.

end insert
begin delete
18

SECTION 1.  

It is the intent of the Legislature to enact statutory
19changes relating to the Budget Act of 2015.

end delete


O

    98