BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 983| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 983 Author: Bowen (D) Amended: 8/18/00 Vote: 21 PRIOR SENATE VOTES NOT RELEVANT ASSEMBLY FLOOR : 54-23, 8/25/00 - See last page for vote SUBJECT : Hazardous substances: controlled substances SOURCE : Author DIGEST : The provisions of this bill, as it left the Senate, were deleted in the Assembly. As it left the Senate, the bill would have updated the law relating to commercial mobile radio service to reflect current terminology and federal law. This bill now directs the State Department of Toxic Substances Control to develop regulations governing the cleanup of illegal drug laboratories. ANALYSIS : Existing law: 1.Charges the State Department of Toxic Substances Control (DTSC) with conducting the "gross removal" of an illegal drub lab as an emergency response to cleanup hazardous substances that pose an immediate threat to public health CONTINUED SB 983 Page 2 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. 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 for 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 division, hazardous materials division, fire departments). 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 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. Comments This bill requires DTSC to develop and adopt uniform procedures and standards for the cleanup of sites that have been used (1) as a laboratory for manufacturing illegal drugs, or (2) 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. Laboratories used to make substances such as methamphetamine (meth) are frequently set up in residential SB 983 Page 3 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. 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, 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 The author's office 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's office 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. Supporters of this bill feel that current coordination between local law enforcement and local health departments is haphazard, for instance: 1.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's office 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. 2.In some counties, the local health department simply provides property owners with a list of "certified industrial hygienists." The extent to which a "certified SB 983 Page 4 industrial hygienist" decides to cleanup a meth lab is ultimately at his or her discretion. 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. 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to Assembly Appropriation Committee analysis, minor one time costs of less than $75,000. SUPPORT : (Verified 8/28/00) County of Riverside Department of Environmental Health OPPOSITION : (Verified 8/28/00) Department of Finance ARGUMENTS IN SUPPORT : The County of Riverside Department of Environmental Health expresses a need for standards and procedures that can be used to cleanup former sites used for drug labs. They state that this bill will assist with the development of the standards and procedures. This issue has been included in the County's Legislative Platform for the last several years. ARGUMENTS IN OPPOSITION : The Department of Finance opposes this bill for the following reasons: SB 983 Page 5 1.The proposed regulations would be premature, prior to additional scientific research on the appropriate level of regulatory need. 2.Information is unavailable to demonstrate that more general (and less costly and time-consuming to develop) cleanup guidelines would be a less effective alternative to the proposed regulations. ASSEMBLY FLOOR : AYES: Alquist, Aroner, Bock, Calderon, Cardenas, Cardoza, Cedillo, Corbett, Correa, Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh, Florez, Floyd, Gallegos, Havice, Honda, Jackson, Keeley, Knox, Kuehl, Leach, Lempert, Longville, Lowenthal, Machado, Maddox, Maldonado, Mazzoni, Migden, Nakano, Olberg, Papan, Pescetti, Reyes, Romero, Scott, Shelley, Steinberg, Strom-Martin, Thomson, Torlakson, Villaraigosa, Vincent, Washington, Wayne, Wesson, Wiggins, Wildman, Wright, Hertzberg NOES: Aanestad, Ackerman, Ashburn, Baldwin, Bates, Battin, Baugh, Brewer, Briggs, Campbell, Cox, Granlund, House, Kaloogian, Leonard, Margett, McClintock, Oller, Robert Pacheco, Runner, Strickland, Thompson, Zettel CP:cm 8/28/00 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****