BILL ANALYSIS
SB 983
Page 1
SENATE THIRD READING
SB 983 (Bowen)
As Amended August 18, 2000
Majority vote
SENATE VOTE :37-0
ENVIRONMENTAL SAFETY 8-0 APPROPRIATIONS 15-6
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|Ayes:|Jackson, Bock, Briggs, |Ayes:|Migden, Alquist, Aroner, |
| |Lempert, Lowenthal, | |Cedillo, Corbett, Davis, |
| |Maddox, Washington, | |Kuehl, Maldonado, Papan, |
| |Wiggins | |Romero, Shelley, Thomson, |
| | | |Wesson, Wiggins, Wright |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Campbell, Ackerman, |
| | | |Ashburn, Brewer, Runner, |
| | | |Zettel |
| | | | |
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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.
2)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
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budgeted for removal actions this year.
2)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.
3)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
designated local agencies (i.e., such as health and human
services departments, environmental health divisions,
hazardous materials divisions, fire departments).
FISCAL EFFECT : According to Assembly Appropriation Committee
analysis, minor one time costs of less than $75,000 (Source:
Illegal Drug Lab Cleanup Account).
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. By setting 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.
1)Laboratories used to make substances such as methamphetamine
("meth") are frequently set up in residential sites including
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.
2)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 and 238
Dump Site Removals
1999: 2034 Clandestine Drug Lab Seizures and 386
Dump Site Removals
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3)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
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.
4)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; and,
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.
5)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 growth problems in children and teens,
reproductive system toxicity, internal and external chemical
burns, immune system problems, heart problems, and respiratory
system problems.
6)Other states have "established" safe levels for meth lab
residue. For instance, Washington will allow up to five
micrograms per square foot, while Oregon has set its level at
0.5 micrograms per square foot.
Analysis Prepared by : Michael B. Endicott / E.S. & T.M. / (916)
319-3965
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FN:
0006182