BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Senator Mark Leno, Chair
2015 - 2016 Regular
Bill No: AB 118 Hearing Date: April 6,
2016
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|Author: |Santiago |
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|Version: |April 5, 2016 As amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Catherine Freeman |
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Subject: Hazardous Substances: Cleanup: Exide Technologies
Facility
Summary: This bill provides policy changes and an appropriation related
to Exide cleanup.
Background: Exide Technologies is located in the City of Vernon, about
five miles southeast of downtown Los Angeles. The facility
occupies 15 acres in a heavily industrial region with
surrounding residential areas. Facility operations included
recycling lead-bearing scrap materials obtained from spent
lead-acid batteries. This facility ceased operations in 2014 and
permanently closed after the Department of Toxic Substances
Control notified Exide that its application for a new permit
would be denied. The department then ordered Exide to test and
clean up residential properties and conducted its own testing.
The department's analysis indicates that releases from the
facility deposited lead dust across an area of southeast Los
Angeles County, resulting in contamination extending 1.7 miles
from the facility and impacting up to 10,000 properties,
including residences, parks, and schools.
In August 2015, the Legislature and the Governor approved $7
million of emergency funding to test up to 1,500 residential
properties, parks, schools, and daycare centers in the
surrounding community; develop a comprehensive cleanup plan; and
begin cleanup of the highest priority sites based on the degree
AB 118 (Committee on Budget) Page 2
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of lead contamination and other exposure factors. To date, the
department has removed more than 10,000 tons of contaminated
soil and analyzed more than 20,000 soil samples from hundreds of
properties. The department has also established an Advisory
Group of community leaders, local residents, business leaders,
scientists, and elected officials to help guide closure and
cleanup efforts.
This bill would provide additional funding from the Toxic
Substances Control Account to test the remaining properties,
schools, daycare centers, and parks in the 1.7 mile radius and
remove contaminated soil at the properties that have the highest
lead levels and greatest potential exposure to residents. In
addition, the department will conduct specialized tests and
analyses to conclusively identify the source of the
contamination and hold Exide - and any other responsible parties
- accountable.
The plan provides resources to expand community engagement in
the testing and cleanup process, enhance coordination and job
training for community residents, and promote the use of local
business and labor for contracting purposes.
Proposed
Law: Specifically, this bill:
1) Appropriates $176.6 from the Toxic Substances Control
Account.
2) Stipulates that funds may be used for any of the
following activities: (a) cleanup and investigation of
properties contaminated by lead in communities surrounding
the Exide Technologies facility in the City of Vernon; (b)
provide job training related to the cleanup and
investigation activities; (c) take action to pursue all
remedies against potential responsible parties including,
but not limited to, cost recovery.
3) Provides for a public participation process between the
Department of Toxic Substances Control (DTSC) and the
community.
4) Requires DTSC to develop a job and development training
program with the goals of providing skills, health and
AB 118 (Committee on Budget) Page 3
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safety training, and support for job placement related to
the cleanup for community members living near the Exide
Technologies facility.
5) Requires the department to report publicly on the
progress of the cleanup through public websites and
directly to the Legislature.
Fiscal
Effect: Appropriates $176.6 million from the Toxic Substances Control
Account for the purposes stated in the bill.
Support: None recorded.
Opposed: None recorded.
Comments: SB 93 (De León) provides for a transfer of $176.6 million as a
loan to the Toxic Substances Control Account to allow for the
appropriation in this bill. The $176.6 million appropriation
will enable the department to address the significant public
health concerns in the communities surrounding the Exide
Technologies facility in an expedited manner. However, cleanup
costs initially incurred by the state will ultimately be sought
from the parties responsible for the lead contamination.
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