BILL ANALYSIS
AB 1489
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1489 (Smyth)
As Amended July 14, 2009
Majority vote
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|ASSEMBLY: |76-0 |(May 28, 2009) |SENATE: |38-0 |(August 27, |
| | | | | |2009) |
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Original Committee Reference: ENVIRONMENTAL SAFETY
SUMMARY : Codifies the health-based clean-up standard for
methamphetamine that was developed by the Department of Toxic
Substances Control (DTSC) and the Office of Environmental Health
Hazard Assessment (OEHHA). Specifically, this bill :
1)Changes the clean-up level for methamphetamine lab clean-up
from .1 micrograms per 100 square centimeters (0.1 g/100 cm2)
to 1.5 micrograms per 100 square centimeters (1.5 g/100 cm2).
2)Allows DTSC, in consultation with the OEHHA, to adopt stricter
clean-up standards if they find it is necessary to protect the
public health.
The Senate amendments allow DTSC, in consultation with the
OEHHA, to adopting stricter clean-up standards if necessary to
protect public health.
EXISTING LAW :
1) Establishes remediation and reoccupancy standards for
determining when a property, contaminated as a result of
methamphetamine activity, is safe for human occupancy.
The standards include interim levels for methamphetamine (0.1
g/100 cm2), lead, and mercury which serve as interim
standards until DTSC, in consultation with the OEHHA adopts
permanent standards.
2) Requires the DTSC to develop a health-based target
remediation standard for methamphetamine and other
methamphetamine precursors and byproducts. The standards
developed by DTSC will automatically replace the interim
clean-up levels with the completed health based standards.
AB 1489
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AS PASSED BY THE ASSEMBLY , this bill codified the health-based
clean-up standard for methamphetamine that was developed by the
DTSC and the OEHHA.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible, if any, state cost.
COMMENTS :
1)Methamphetamine production for illicit use occurs in makeshift
labs and is associated with the release of numerous chemicals,
including methamphetamine residues. These methamphetamine
residues may pose a health risk to residents who reoccupy
these structures after property seizures.
Methamphetamine is made from common, easily available
materials, using one of several basic chemical processes.
There are hundreds of chemical products and substances that
are used interchangeably to produce methamphetamine. Common
chemicals used to manufacture methamphetamine include, Freon,
ether (starting fluid), toluene (paint thinner),
pseudoephedrine (cold medicine), sulfuric acid (drain
cleaner), anhydrous ammonia, iodine, muriatic acid, and
lithium (camera batteries). Other hazardous chemicals can be
formed when ingredients are heated during the "cooking"
process. As a result of the "cooking" process, these
chemicals or their fumes may contaminate a property.
Household materials such as carpeting, wallboard, ceiling tile
and fabric may absorb spilled chemicals. Furniture or
draperies may also become contaminated. If chemicals are
dumped in a septic system or on the ground, soil or
groundwater may become contaminated.
2)California establishes health based clean-up standard.
Two laws passed at the same time. One directed DTSC to
develop clean-up standards and procedures for methamphetamine
and other chemicals of concern [SB 536 (Bowen), Chapter 587,
Statutes of 2005]. The second established interim cleanup
standards and administrative procedures and guidelines to be
used before people can move back into a structure used as a
lab and established that property owners are responsible for
absorbing the cost of the clean-up [AB 1078 (Keene and Liu),
Chapter 570, Statutes of 2005].
AB 1489
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3)Is 1.5 g/100 cm2 the right standard?
According to the OEHHA, in compliance with the requirements of
SB 536, they have finalized the scientific documents that form
the basis for the health-based clean-up standard for
methamphetamine. The finalized documents on methamphetamine
include responses to public comments received and external
scientific peer reviews.
The OEHHA, based on a multi-media exposure model with children
as the sensitive receptor, determined that the risk (health)
based cleanup standard for methamphetamine surface
contamination is 1.5 g/100 cm2.
There are no national health based standards for
methamphetamine clean-up; several states, including California
and Colorado, have instituted comprehensive analysis of
clean-up levels. While California has recommended a level of
1.5 g/100 cm2 the Colorado Department of Public Health and
Environment has recommended a level of 0.5 g/100 cm2 as the
final cleanup standard for methamphetamine residues and the
State of Washington relies the on the current California
standard of 0.1 ?g/100 cm2 .
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0002609