BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1489
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 1489 (Smyth) - As Introduced:  February 27, 2009 

          Policy Committee:                              Environmental  
          Safety       Vote:                            7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes in law the health-based cleanup standard  
          for methamphetamine as developed by the Department of Toxic  
          Substances Control (DTSC) and the Office of Environmental Health  
          Hazard Assessment (OEHHA).  Specifically, this bill changes the  
          cleanup level for methamphetamine (meth) lab clean-up from .1  
          micrograms per 100 square centimeters to 1.5 micrograms per 100  
          square centimeters. 

           FISCAL EFFECT  

          Negligible, if any.

           COMMENTS  

           1)Rationale.   The author intends this bill to conform the  
            cleanup level for meth established in law with the  
            health-based target remediation standard recently developed by  
            OEHHA.

           2)Background.  
           
              a)   California's Health-based Cleanup Standards.   In 2005,  
               two bills were enacted that addressed clean up standards  
               for meth.  SB 536 (Bowen, Chapter 587) directed DTSC to  
               develop cleanup standards and procedures for meth and  
               certain other chemicals.  AB 1078 (Keene, Chapter 570) set  
               interim cleanup standards and administrative procedures  
               that must be met before people can move back into a  
               structure used as a lab. The bill also established that  
               property owners are responsible for absorbing the cost of  








                                                                  AB 1489
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               the cleanup.  

             b)   OEHHA Determined the Standard.   As required by SB 536,  
               OEHHA has completed the work that allows it to identify a  
               health-based cleanup standard for meth, which included  
               responses to public comments and external scientific peer  
               reviews.  To develop the standard, OEHHA, used a  
               multi-media exposure model to quantify the amount of  
               surface contamination at which meth would risk the health  
               of a child.  That concentration, according to OEHHA is 1.5  
               micrograms per 100 square centimeters.  

             c)   Other Cleanup Standards Exist.   There are no national  
               health-based standards for meth clean-up.  However, the  
               Colorado Department of Public Health and Environment has  
               recommended a cleanup level of 0.5 micrograms per 100  
               square centimeters.  The State of Washington relies a  
               cleanup standard of 0.1 microgram per 100 square  
               centimeters, as does California.  
          3)Supporters  contend this bill appropriately aligns the cleanup  
            standards for meth established in law with the cleanup  
            standards recommended by OEHHA, the state's agency charged  
            with protecting and enhancing public health and the  
            environment through scientific evaluation of risks posed by  
            hazardous substances.

            There is no registered opposition to this bill.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081