BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                              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





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            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  







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          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  







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            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:








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          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

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