BILL NUMBER: SB 93 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 4, 2016
AMENDED IN ASSEMBLY FEBRUARY 22, 2016
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 (Chapters 10 and 11 of
the Statutes of 2015), by amending Item 3960-001-0557
of adding Item 3960-011-0001 to
Section 2.00 of of, and amending Section
39.00 of, that act, relating to the state budget, and
making an appropriation therefor, 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 $55,136,000 from the
Toxic Substances Control Account to specified amounts
for support of the Department of Toxic Substances
Control for support of the department. Control.
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.
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.
This bill would declare that it is to take effect immediately as a
Budget Bill.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 3960-011-0001 is added to Section
2.00 of the Budget Act of 2015 , to read:
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 ... (176,600,000)
Provisions:
1. 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:
(a) 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.
(b) 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.
(c) 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.
2. 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.
SEC. 2. Section 39.00 of the Budget Act
of 2015 is amended to read:
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, SB 93, 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.
SEC. 3. 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.
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.