BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 118|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 118
Author: Santiago (D), et al.
Amended: 4/5/16 in Senate
Vote: 21
SENATE BUDGET & FISCAL REVIEW COMMITTEE: 13-0, 4/6/16
AYES: Leno, Nielsen, Allen, Beall, Block, Hancock, Mitchell,
Moorlach, Pan, Pavley, Roth, Stone, Wolk
NO VOTE RECORDED: Anderson, Glazer, Monning, Nguyen
ASSEMBLY FLOOR: Not relevant
SUBJECT: Hazardous substances: cleanup: Exide Technologies
facility
SOURCE: Author
DIGEST: This bill provides policy changes and an appropriation
related to the cleanup of the Exide Technologies facility.
ANALYSIS: 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.
This bill:
AB 118
Page 2
1)Appropriates $176.6 million from 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)Provides for a public participation process between the
Department of Toxic Substances Control (DTSC) and the
community.
4)Requires DTSC to develop a job and development training
program with the goals of providing skills, health and safety
training, and support for job placement related to the cleanup
for community members living near the Exide Technologies
facility.
5)Requires DTSC to report publicly on the progress of the
cleanup through public websites and directly to the
Legislature.
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 DTSC notified Exide that its
application for a new permit would be denied. DTSC then ordered
Exide to test and clean up residential properties and conducted
its own testing.
AB 118
Page 3
DTSC'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, DTSC
has removed more than 10,000 tons of contaminated soil and
analyzed more than 20,000 soil samples from hundreds of
properties. DTSC 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, DTSC 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: Yes Fiscal
Com.:YesLocal: No
SUPPORT: (Verified4/5/16)
AB 118
Page 4
None received
OPPOSITION: (Verified4/5/16)
None received
Prepared by:Catherine Freeman / B. & F.R. / (916) 651-4103
4/7/16 8:38:00
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