BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                        AB 118|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 118
          Author:   Santiago (D), et al.
          Amended:  4/5/16 in Senate
          Vote:     21 

           SENATE BUDGET & FISCAL REVIEW COMMITTEE:  13-0, 4/6/16
           AYES: Leno, Nielsen, Allen, Beall, Block, Hancock, Mitchell,  
            Moorlach, Pan, Pavley, Roth, Stone, Wolk
           NO VOTE RECORDED: Anderson, Glazer, Monning, Nguyen

           ASSEMBLY FLOOR:  Not relevant

           SUBJECT:   Hazardous substances:  cleanup:  Exide Technologies  
                     facility


          SOURCE:    Author


          DIGEST:  This bill provides policy changes and an appropriation  
          related to the cleanup of the Exide Technologies facility.


          ANALYSIS:  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.


          This bill:









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          1)Appropriates $176.6 million 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; and
             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 safety  
            training, and support for job placement related to the cleanup  
            for community members living near the Exide Technologies  
            facility.

          5)Requires DTSC to report publicly on the progress of the  
            cleanup through public websites and directly to the  
            Legislature.

          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 DTSC notified Exide that its  
          application for a new permit would be denied. DTSC then ordered  
          Exide to test and clean up residential properties and conducted  
          its own testing.









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          DTSC'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  
          of lead contamination and other exposure factors. To date, DTSC  
          has removed more than 10,000 tons of contaminated soil and  
          analyzed more than 20,000 soil samples from hundreds of  
          properties. DTSC 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 provides 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, DTSC 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.


          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified4/5/16)









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          None received


          OPPOSITION:   (Verified4/5/16)


          None received


          Prepared by:Catherine  Freeman  / B. & F.R. / (916) 651-4103
          4/7/16 8:38:00


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