Amended in Assembly April 4, 2016

Amended in Assembly February 22, 2016

Senate Bill No. 93

Introduced by Senators De León and Lara

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

January 9, 2015

An act to amend the Budget Act of 2015 begin insert (Chapters 10 and 11 of the Statutes of 2015), end insert by begin delete amending Item 3960-001-0557 of end delete begin insert end insert begin insert adding Item 3960-011-0001 to end insert Section 2.00 begin delete of end delete begin insert of, and amending Section 39.00 of, end insert that act, relating to the state budget, begin delete and making an appropriation therefor, end delete to take effect immediately, budget bill.

LEGISLATIVE COUNSEL’S DIGEST

SB 93, as amended, De León. Budget Act of 2015.

The Budget Act of 2015 appropriated begin delete $55,136,000 from the Toxic Substances Control Account to end delete begin insert specified amounts for support of end insert the Department of Toxic Substances begin delete Control for support of the department. end delete begin insert Control. end insert

begin delete

This bill would increase this appropriation by $176,600,000 to $231,736,000. The bill would require this increase to be used for costs related to the cleanup and testing of contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon. The bill would require the Director of Finance to make a loan of $176,600,000 from the General Fund to the account and would require all funds received through cost recovery efforts from responsible parties associated with the hazardous substance contamination in communities surrounding the Exide Technologies facility in the City of Vernon to be used to repay the loan.

end delete begin insert

This bill would require the Director of Finance to transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for activities related to the lead contamination in the communities surrounding the Exide Technologies facility in the City of Vernon. This bill would require the department to repay these funds, as specified, and would authorize the Director of Finance to forgive any unpaid balance of the loan under specified circumstances.

end insert

This bill would declare that it is to take effect immediately as a Budget Bill.

Vote: majority. Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Item 3960-011-0001 is added to Section 2.00 of
the end insert begin insert Budget Act of 2015 end insert begin insert , to read: end insert

begin insert

 

begin insert 3960-011-0001--For transfer by the Controller, upon order of the Director of Finance, from the General Fund to the Toxic Substances Control Account     end insert

begin insert (176,600,000) end insert

begin insert   end insert

begin insert Provisions: end insert

begin insert   end insert

begin insert 1. end insert

begin insert The Director of Finance shall transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for any of the following purposes: end insert

begin insert   end insert

begin insert   end insert

begin insert   end insert

begin insert (a) end insert

begin insert Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. end insert

begin insert   end insert

begin insert   end insert

begin insert   end insert

begin insert (b) end insert

begin insert Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. end insert

begin insert   end insert

begin insert   end insert

begin insert   end insert

begin insert (c) end insert

begin insert Actions taken to pursue all available remedies against potentially responsible parties, including, but not limited to, cost recovery actions against entities that are potentially responsible, for the costs related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. end insert

begin insert   end insert

begin insert   end insert

begin insert 2. end insert

begin insert All funds recovered from the potentially responsible parties shall be used to repay the loan made pursuant to this item. If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loan made pursuant to this item, the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee. end insert

begin insert   end insert

 

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 39.00 of the end insert begin insert Budget Act of 2015 end insert begin insert is amended
to read: end insert

Sec. 39.00.  

The Legislature hereby finds and declares that the
following bills are other bills providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution: AB 94, AB 95, AB
104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB
111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB
118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB
125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB
134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72,
SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81,
SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90,
SB 91, SB 92, begin delete SB 93, end delete SB 94, SB 95, SB 96, SB 98, SB 99, SB
100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108,
and SB 109, in the form that these bills existed at the time that the
act amending this section of the Budget Act of 2015 took effect.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is a Budget Bill within the meaning of
subdivision (c) of Section 12 of Article IV of the California
Constitution and shall take effect immediately.

end insert

begin delete

SECTION 1.  

Item 3960-001-0557 of Section 2.00 of the Budget
Act of 2015 is amended to read:

 

3960-001-0557--For support of Department of Toxic Substances Control, payable from the Toxic Substances Control Account

231,736,000

Schedule:

(1)

3620011-Other Site Mitigation Activities

49,441,000

(2)

3630-Safer Consumer Products

13,946,000

(2.1)

3625-Hazardous Waste Management

3,326,000

(2.5)

9900100-Administration

204,000

(2.6)

9900200-Administration--Distributed

−204,000

(3)

Reimbursements to 3620011-Other Site Mitigation Activities

−11,433,000

(4)

Reimbursements to 3630-Safer Consumer Products

−144,000

(5)

Exide Technologies facility contamination cleanup

176,600,000

Provisions:

1.

The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code.

2.

The amount appropriated in this item includes state oversight costs at military installations. The expenditure of these funds shall not relieve the federal government of the responsibility to pay for all state oversight costs. The Department of Toxic Substances Control shall take all steps necessary to recover these costs from the federal government, including, but not limited to, filing civil actions authorized by state and federal law.

3.

The funds appropriated in Schedule (5) shall be used for costs related to the cleanup and testing of contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon.

4.

The Director of Finance shall make a loan of $176,600,000 from the General Fund to the Toxic Substances Control Account, consistent with the following:

(a)

All funds received through cost recovery efforts from responsible parties associated with the hazardous substance contamination in communities surrounding the Exide Technologies facility in the City of Vernon shall be used to repay the loan.

(b)

To the extent the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loan, the Director of Finance may forgive any remaining balance, if, at least 90 days before forgiving any balance, the Director of Finance submits a notice and report of that action to the Joint Legislative Budget Committee.

 

SEC. 2.  

This act is a Budget Bill within the meaning of
subdivision (c) of Section 12 of Article IV of the California
Constitution and shall take effect immediately.

end delete