Amended in Senate April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 118

Introduced by begin delete Committee on Budget (Weber (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin, Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams) end delete begin insert Assembly Member Santiago end insert

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(Principal coauthors: Assembly Members Cristina Garcia, Gomez, and Rendon)

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(Principal coauthors: Senators De León and Lara)

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January 9, 2015

An act relating to begin delete the Budget Act of 2015. end delete begin insert hazardous substances, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 118, as amended, begin delete Committee on Budget end delete   begin insert Santiago end insert . begin delete Budget Act of 2015. end delete begin insert Hazardous substances: cleanup: Exide Technologies facility. end insert

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Existing law establishes the Toxic Substances Control Account in the General Fund and authorizes moneys in the account, upon appropriation, to be used for, among other purposes, the payment of all costs of removal and remedial action incurred by the state in response to a release or threatened release of a hazardous substance, as specified.

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This bill would appropriate $176,600,000 from the account to the Department of Toxic Substances Control for activities related to the cleanup and investigation of lead-contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon, including job training activities, and actions taken to pursue all available remedies against potentially responsible parties. The bill would require the department to engage the impacted community, as specified; develop a Job and Development Training Program, as specified; and post on its Internet Web site specified information.

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This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

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Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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In enacting this act, it is the intent of the
Legislature to address the significant potential public health impact
of lead contamination in the communities surrounding the Exide
Technologies facility in the City of Vernon.

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begin insert SEC. 2. end insert   

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The sum of one hundred seventy-six million six hundred
thousand dollars ($176,600,000) is hereby appropriated from the
Toxic Substances Control Account to the Department of Toxic
Substances Control and shall be available for expenditure through
June 30, 2018. These moneys shall be available for any of the
following:

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(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.

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(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.

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(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.

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begin insert SEC. 3. end insert   

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(a) Prior to approval of a cleanup plan, the
Department of Toxic Substances Control shall engage the impacted
community and provide meaningful opportunities for the public
to participate in the Department of Toxic Substances Control’s
cleanup plan preparation process, which shall include, at a
minimum, a quarterly public meeting.

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(b) As part of this process, the Department of Toxic Substances
Control shall collaborate with the impacted community to prepare
and make available a Public Participation Plan that specifies the
Department of Toxic Substances Control’s commitments to engage
and involve the community in the cleanup plan preparation process.

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(c) In addition, the Department of Toxic Substances Control
shall meet all applicable public participation and notification
requirements outlined in the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code).

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begin insert SEC. 4. end insert   

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(a) In order to meet the demands and timelines for
the residential cleanup, as well as promote public health and
support the local economy, the Department of Toxic Substances
Control shall develop a Job and Development Training Program
with the goals of providing environmental skills, health and safety
training, and support for job placement related to the cleanup for
community members living near the Exide Technologies facility
in the City of Vernon, California.

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(b) In creating the program pursuant to subdivision (a), the
Department of Toxic Substances Control shall consult existing
programs, including, but not limited to, the United States
Environmental Protection Agency’s Brownfields Workforce
Development and Job Training Program.

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(c) The Department of Toxic Substances Control may partner
with other experienced workforce development programs and
training partners, and coordinate with local governments, nonprofit
organizations, and community stakeholders.

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begin insert SEC. 5. end insert   

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(a) (1) The Department of Toxic Substances Control
shall post on its Internet Web site all of the following:

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(A) The number of access agreements signed.

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(B) The number properties sampled.

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(C) The number of properties remediated or cleaned up.

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(2) The Department of Toxic Substances Control shall update
the numbers posted pursuant to paragraph (1) at least twice a
month.

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(b) At the Department of Toxic Substances Control’s
presentation of its proposed budget, the department shall provide
to the Senate Committee on Budget and Fiscal Review and the
Assembly Committee on Budget a report that addresses all of the
following:

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(1) An update on the cleanup activities near the Exide
Technologies facility in the City of Vernon, California, including
a summary of the environmental review of the cleanup activities.

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(2) The number of properties sampled and a summary of the
findings, which can be broken down in the approximate number
of residences in priority 1, 2, and 3.

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(3) The number of properties that have been remediated or
cleaned up.

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(4) The number of access agreements signed.

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begin insert SEC. 6. end insert   

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This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.

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SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2015.

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