Amended  IN  Assembly  March 30, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1024

Introduced by Assembly Member Santiago
(Principal coauthor: Senator Gonzalez)
(Coauthor: Assembly Member Cristina Garcia)(Coauthor: Senator Durazo)(Coauthors: Assembly Members Carrillo, Cristina Garcia, Jones-Sawyer, and Stone)
(Coauthors: Senators Archuleta, Durazo, and Wiener)

February 18, 2021

An act to add Section 25358.6.2 to the Health and Safety Code, relating to hazardous substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 1024, as amended, Santiago. Hazardous substances: correction and remedial actions: milestones and contracting.
Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the Hazardous Waste Control Law or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release of hazardous substances.
This bill would require the department to at least partially incorporate fixed-price contracting for the performance of the response or corrective actions. actions carried out by the department. The bill would require the department to establish performance milestones for those actions carried out or overseen by the department to ensure that the actions are performed at the appropriate pace. The bill would require the department pace and to post on its internet website the status and pace of all response or corrective actions undertaken by the department and would require the department to provide updates at least once every 6 months. certain information regarding those actions.
This bill would specify the allocation of moneys appropriated by the Legislature for fiscal year 2021–22 to the department for the cleanup of the former Exide Technologies facility in the City of Vernon, California. The bill would require moneys recovered by the department from responsible parties relating to the former Exide Technologies facility be used to repay the General Fund for costs incurred in cleaning contaminated sites near the former Exide Technologies facility.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25358.6.2 is added to the Health and Safety Code, to read:

25358.6.2.
 (a) For a response or corrective action carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following: at least partially incorporate fixed-price contracting for the performance of the response or corrective action.

(1)At least partially incorporate fixed-price contracting for the performance of the response or corrective action.

(b) For a response or corrective action carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:

(2)

(1) Establish performance milestones for the response or corrective actions to ensure that the actions are performed at the appropriate pace.

(b)The department shall post on its internet website the status and pace of all response or corrective actions undertaken by the department and shall update the status and pace of the actions at least once every six months.

(2) Create a public dashboard on the department’s internet website containing easily accessible information on all response or corrective actions. The dashboard shall include all of the following information:
(A) The address of the site at which the response or corrective action is taking place.
(B) The nature of the contamination.
(C) The proposal to cleanup the contamination, when available.
(D) The estimated or actual time for review of the cleanup proposal.
(E) Performance milestones for the response or corrective actions established pursuant to paragraph (1).
(F) A link to a web page with more detailed information on the response or corrective action in the department’s Envirostor database.

SEC. 2.

 (a) Moneys appropriated by the Legislature for fiscal year 2021–22 to the Department of Toxic Substances Control for the cleanup of the former Exide Technologies facility in the City of Vernon, California, shall be allocated as follows:

(a)

(1) Thirty-one million four hundred thousand dollars ($31,400,000) shall be expended by the department to complete the cleanup of the 3,200 most contaminated properties identified by the department near the former Exide Technologies facility. Of those 3,200 properties, expenditure of the moneys shall be prioritized to clean up the 31 contaminated childcare facilities, parks, and schools.

(b)

(2) Three hundred ninety million dollars ($390,000,000) shall be expended by the department for the cleanup of the 4,600 residential properties contaminated by the former Exide Technologies facility that are not the most contaminated properties described in subdivision (a). paragraph (1).

(c)

(3) One hundred nineteen million dollars ($119,000,000) shall be expended by the department for future closure and onsite corrective action at the former Exide Technologies facility to complete all phases of the closure plan for that facility.
(b) Moneys recovered by the department from responsible parties relating to the former Exide Technologies facility shall be used to repay the General Fund for costs incurred in the cleanup of contaminated sites near the former Exide Technologies facility.