BILL ANALYSIS SB 983 Page 1 Date of Hearing: August 9, 2000 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Hannah-Beth Jackson, Chair SB 983 (Bowen) - As Amended: August 7, 2000 SENATE VOTE : 37-0 (The measure has been substantially amended since this vote) SUBJECT : Hazardous substances: controlled substances responses action SUMMARY : Directs the Department of Toxic Substances Control (DTSC) to develop regulations governing the cleanup of illegal drug laboratories. Specifically, this bill : 1)Requires DTSC to adopt regulations, by January 1, 2002 that set procedures and standards to be used by state and local agencies conducting removal actions of a hazardous material resulting from the manufacture of illegal controlled substances. DTSC will consult with the Office of Environmental Health Hazard Assessment (OEHHA) in developing these standards. 1)Specifies that the regulations shall set a level of cleanup that will protect the health and safety of future occupants of the site. EXISTING LAW 1)Charges DTSC with conducting the "gross removal" of an illegal drug lab as an emergency response to cleanup hazardous substances that pose an immediate threat to public health or safety. This portion of the cleanup is paid for by general fund expenditures. Over $11.5 million in general funds is budgeted for removal actions this year. 1)Allows the state to take civil action to recover the expenses incurred for law enforcement actions, seizing and destroying of substances, or taking remedial action. 1)Places the ultimate responsibility of further cleanup of a former drug lab on the property owner. Supervision of this "deep-cleaning" or "remedial action" is generally left to SB 983 Page 2 designated local agencies (such as health and human services departments, environmental health divisions, hazardous materials divisions, fire departments, etc.). FISCAL EFFECT : Unknown. COMMENTS : This bill would require DTSC to develop and adopt uniform procedures and standards for the cleanup of sites that have been used (a) as a laboratory for manufacturing illegal drugs or (b) as a dumping ground for materials and waste used by manufactures. 1)Laboratories used to make substances such as methamphetamine ("meth labs") are frequently set up in residential areas. These residential sites include houses, apartment buildings, and even motels. The chemicals used in the manufacture of illegal substances, such as meth, present a variety of hazards, both during the manufacture and after closure of the laboratory. The author cites a report from San Bernardino County which recounts the case of two people, who unknowingly were permitted to move into a home that was formerly a meth lab, and they subsequently developed rashes over their bodies and severe headaches. 1)The cleanup of sites that have been used as illicit laboratories to make meth and other drugs is an issue of growing concern in California. According to the Western States Information Network (WSIN), over the past two years, Californian law enforcement has carried out the following actions: 1998: 1717 Clandestine Drug Lab Seizures 238 Dump Site Removals 1999: 2034 Clandestine Drug Lab Seizures 386 Dump Site Removals 1)The author asserts that, while state and local agencies may possess the legal authority to insist that a property owner cleanup the site used as a drug lab, current law provides them with no statewide cleanup guidance. Without established SB 983 Page 3 procedures and standards, the author feels that innocent people are at risk of being harmed from the residue that's left behind by these chemicals when the properties are rented or sold without being adequately decontaminated. 1)Does current approach for cleaning up drug laboratories need to be improved? Supporters of this bill feel that current coordination between local law enforcement and local health departments is haphazard, for instance: a) Even though drug enforcement agencies are required by law to inform local health officials within 24 hours of an action that uncovers this type of contaminated property, it can be weeks before they are notified. The author cites an assessment by OEHHA which concludes that the local health department generally isn't involved in the cleanup and is concerned with the lengthy notification process. b) In some counties, the local health department simply provides property owners with a list of "certified industrial hygienists." The extent to which a "certified industrial hygienist" decides to cleanup a meth lab is ultimately at his or her discretion. c) Some local health departments feel that they have no legal authority to compel a property owner cleanup their property. The author feels that, as a general rule, local governments do not use the regulatory authority they have over the control of hazardous substances. Many "potential" opportunities exist for local health agencies to manage the cleanup of meth labs, including local ordinances and local authority regarding land use and public health regulations. One reason given for the reluctance of local agencies to be more fully involved in the secondary cleanup of these sites is that the local agencies do not have the funding resources, nor the expertise, to develop such ordinances individually. 1)What are the Health Risks Associated with A Former Meth Lab? a) In California, there have been no official studies done on the correlation between ill health and living on a premise which was once a meth lab. Such a study might be difficult as the manufacturing process varies with the custom of the illegal manufacturer. The Alliance for Drug Endangered Children Resource Center determined that chemicals found in meth labs are associated with: cancer, short-term and permanent brain damage, developmental and SB 983 Page 4 growth problems in children and teens, reproductive system toxicity, internal and external chemical burns, immune system problems, heart problems, and respiratory system problems. b) Other states have "established" safe levels for meth lab residue. For instance, Washington will allow up to 5 micrograms per square foot, while Oregon has set its level at 0.5 micrograms per square foot. 1)Can something be done to assure that residential areas are sufficiently cleaned up? According to the author, by establishing statewide, scientifically-based standards for acceptable drug lab cleanup levels, DTSC will establish a program that designated local health and environmental agencies could adopt and use. The author also feels that it is important to adopt standards to assure that any funding assistance given to local agencies to carry out the remedial cleanup are effective. 1)The author contends that because existing law requires DTSC to take the initial removal actions at the site of an illegal drug lab, it seems only logical that it should be involved in the remedial portion of the cleanup action as well. Related Legislation SB 1989 (Poochigian) Establishes a fund and program to carry out the complete cleanup of illegal drug lab sites and restore the property to the condition that existed prior to the drug lab chemicals contaminated it. Generally exempts property owner from cleanup responsibility absent specific findings. Source of money for the fund is unidentified. This bill was held in Senate Appropriations Committee. REGISTERED SUPPORT / OPPOSITION : Support California Rural Legal Assistance Foundation Hazpak, Inc. Los Angeles County District Attorney's Office Western Center on Law and Poverty Opposition SB 983 Page 5 None on file Analysis Prepared by : Michael B. Endicott / E.S. & T.M. / (916) 319-3965