BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                         SB 93|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 93
          Author:   De León (D) and Lara (D), et al.
          Amended:  4/6/16  
          Vote:     21 

           PRIOR VOTES NOT RELEVANT

           ASSEMBLY FLOOR:  76-0, 4/14/16 - See last page for vote

           SUBJECT:   Budget Act of 2015


          SOURCE:    Author


          DIGEST:  This bill amends the Budget Act of 2015 to adopt  
          expenditures related to the cleanup of the Exide Technologies  
          facility in the City of Vernon.


          Assembly Amendments delete the Senate version of the bill, which  
          expressed the intent of the Legislature to enact statutory  
          changes relating to Budget Act of 2015, and insert the current  
          language.




          ANALYSIS:  


          This bill:


          1)Transfers $176.6 million as a loan from the General Fund to  








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            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)Specifies that, to the extent cost recoveries are not  
            sufficient to fully repay the loan, the Director of Finance  
            may forgive any remaining balance provided the director  
            submits a notice and report of that action to the Joint  
            Legislative Budget Committee.


          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. 









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










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          SUPPORT:   (Verified4/5/16)


          None received


          OPPOSITION:   (Verified4/5/16)


          None received

           ASSEMBLY FLOOR:  76-0, 4/14/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey,  
            Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,  
            Medina, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Rendon
           NO VOTE RECORDED: Irwin, Levine, Melendez, Nazarian





          Prepared by:Catherine Freeman / B. & F.R. / (916) 651-4103
          4/15/16 14:10:40


                                   ****  END  ****


          












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