BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1489|
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THIRD READING
Bill No: AB 1489
Author: Smyth (R)
Amended: 7/14/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 7/6/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/28/09 - See last page for vote
SUBJECT : Hazardous materials: methamphetamine
laboratories
SOURCE : California Association of Environmental Health
Administrators
DIGEST : This bill updates the cleanup standard used to
determine if a methamphetamine contaminated property is
safe for human occupancy.
ANALYSIS :
Existing law, under the Methamphetamine Contaminated
Property Cleanup Act of 2005:
1. Requires that the Department of Toxic Substances
Control (DTSC), in consultation with the Office of
CONTINUED
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Health Hazard Assessment (OEHHA), adopt a health-based
target remediation standard for methamphetamine in order
to determine when a property that was previously used as
a clandestine methamphetamine laboratory is fit for
human occupation.
2. Establishes interim standards of 0.1 micrograms per 100
square centimeters for methamphetamine, 20 micrograms
per square foot of lead and 50 nanograms per cubic meter
for mercury until such time that DTSC in consultation
with OEHHA adopts a health-based target remediation
standard.
This bill:
1. Replaces the interim standards with a health-based
target remediation standard developed by OEHHA. OEHHA
has recommended that the current standard of 0.1
micrograms per 100 square centimeters be replaced with
one of 1.5 micrograms per 100 square centimeters. This
number would be the maximum level of residue from
methamphetamine that could be present and still render a
property habitable.
2. Specifies that if property is contaminated by
methamphetamine laboratory-activity that included the
use of lead or mercury compounds, in addition to the
above requirement property is safe for human occupancy
only if both of the following standards are met with
regard to that property:
A. The total level of lead is less than, or equal
to, 20 micrograms per square foot.
B. The level of mercury is less than, or equal to,
50 nanograms per cubic meter in air.
3. Provides that these interim standards shall become
inoperative on the effective date that the DTSC in
consultation with the OEHHA adopts a health-based target
remediation standard for methamphetamine to determine
when a property contaminated by methamphetamine
laboratory activity only is safe for human occupancy, as
specified.
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4. Stipulates that these provisions do not preclude the
DTSC in consultation with OEHHA from adopting stricter
health-based remediation standards than required under
this bill.
Comments
According to the author's office, "Currently, local health
officers must use a cleanup standard of 0.10 micrograms per
100 square centimeters for methamphetamine when determining
if a methamphetamine contaminated property is safe for
human occupancy. This current standard, specified in
statute, has been shown through extensive research to be
overly conservative and that a standard of 1.5 micrograms
per 100 square centimeters would be sufficiently protective
to make properties safe for human occupancy. Continued use
of the existing standard requires local health officers to
post properties as unsafe when they are not, and requires
property owners to do much more cleanup work and incur
higher cost than is necessary to protect public health. In
turn, this unnecessary cleanup expense raises the cost of
housing that may otherwise be affordable to those with
lower incomes. Given this new health information, local
governments also face a potential liability for requiring
properties to remain vacant pending unnecessary cleanup as
required by the present statutory standard."
Standards for Lead and Mercury . The health-based target
remediation standards for lead and mercury have been
removed from the bill. According to OEHHA, the use of lead
or mercury in methamphetamine production has become very
rare in the last several years so the remediation standards
were seen as unnecessary. Nevertheless, it might be
precedent to leave the interim standard established by AB
1078 (Keene) Chapter 570, Statutes of 2005, in statute in
case a situation does arise whereby either lead or mercury
remediation is necessary.
Future research . The spread of clandestine methamphetamine
laboratories has meant that states have had to quickly
develop standards for remediation. However, because of the
rapid rise of methamphetamine usage many of these standards
were hastily adopted to protect public health. The first
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standards for methamphetamine remediation were developed by
the state of Washington, and California merely adopted
those standards. However, these standards were developed
from scientific findings related to the smallest detectible
amount of methamphetamine residue rather than the smallest
amount of methamphetamine which poses a public health risk.
AB 1078 (Keene) Chapter 570, Statutes of 2005, requires
DTSC in consultation with OEHHA to develop a standard that
is safe for human occupancy. While the suggested standards
developed by OEHHA have been peer reviewed and reflect a
conservative estimate of remediation standards safe for
human occupancy, there are other states completing studies,
notably one by Colorado's Department of Public Health and
Environment. These studies might suggest that the standard
be altered in the future. Therefore, amendments should
allow DTSC to adopt more stringent standards should new
public health information be made available to them.
Related Legislation
AB 1078 (Keene) Chapter 570, Statutes of 2005 , required
DTSC in consultation with OEHHA to develop health-based
target remediation standards for methamphetamine, lead and
mercury and set interim standards until DTSC has developed
a science-based standard. The bill also established who
was liable for the costs of remediation. SB 536 (Bowen)
Chapter 587, Statutes of 2005, directed DTSC to develop
remediation standards for methamphetamine precursors and
byproducts. AB 2587 (Liu) Chapter 789, Statutes of 2006,
establishes liability for remediation costs when a
clandestine methamphetamine laboratory is situated in a
mobile home, mobile home park or recreational vehicle.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/18/09)
California Association of Environmental Health
Administrators (source)
California ApartmentAssociation
ASSEMBLY FLOOR :
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AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Duvall, Evans, Mendoza, Nestande
TSM:do 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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