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  








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            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  








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            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  








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               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
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          None on file

           Analysis Prepared by : Michael B. Endicott / E.S. & T.M. / (916)  
          319-3965