Bill Text: CA AB1462 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hazardous substances: lead: cleanup: Exide Technologies facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1462 Detail]

Download: California-2019-AB1462-Amended.html

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Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1462

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Introduced by Assembly Member Santiago

February 22, 2019

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An act to amend Section 25200.4 of add Section 25215.52 to the Health and Safety Code, relating to hazardous waste. substances, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 1462, as amended, Santiago. Hazardous waste: facilities: permits. substances: lead: cleanup: Exide Technologies facility.

Existing law, the Lead-Acid Battery Recycling Act of 2016, prohibits a person from disposing of, or attempting to dispose of, a lead-acid battery at a solid waste facility or on or in any land, surface waters, watercourses, or marine waters, but authorizes a person to dispose of a lead-acid battery at certain locations. The act imposes a fee on manufacturers of lead-acid batteries for each lead-acid battery sold at retail to a person in California, or sold to a dealer, wholesaler, distributor, or other person for retail sale in California, and imposes a fee on a person who purchases a replacement lead-acid battery from a dealer, as provided.

The act creates in the State Treasury the Lead-Acid Battery Cleanup Fund and requires that the fees collected pursuant to the act, except for specified administrative expenses, be deposited into the fund. The act requires that moneys in the fund be expended for specified purposes, including for investigation, site evaluation, cleanup, remedial action, removal, monitoring, or other response actions at any area of the state that is reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility.

This bill would appropriate $100,000,000 from the Lead-Acid Battery Cleanup Fund to the Department of Toxic Substances Control for activities related to accelerating the investigation and cleanup of homes and communities in a specified area that have lead contamination levels that exceed 80 parts per million. The bill would require the appropriated amount to be available for expenditure until July 1, 2021.

Existing law, as part of the hazardous waste control laws, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires an application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility to include a disclosure statement, as specified.

This bill would make a nonsubstantive change to the provision requiring the application to include a disclosure statement.

Digest Key

Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 25215.52 is added to the Health and Safety Code, immediately following Section 25215.5, to read:

25215.52.

 The sum of one hundred million dollars ($100,000,000) is hereby appropriated from the Lead-Acid Battery Cleanup Fund to the department for activities related to accelerating the investigation and cleanup of homes and communities within a 1.7-mile radius of the Exide Technologies facility in the City of Vernon, California, that have lead contamination levels that exceed 80 parts per million. The amount appropriated pursuant to this section shall be available for expenditure until July 1, 2021.

SECTION 1.Section 25200.4 of the Health and Safety Code is amended to read:

25200.4.

(a)An application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility made pursuant to this article, except for an application made by a federal, state, or local agency, shall include a disclosure statement, as defined in Section 25112.5.

(b)The requirements of this section do not apply to a person operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption.

(c)Notwithstanding subdivision (a), an applicant for a series C standardized permit, as specified in Section 25201.6, shall submit a disclosure statement to the department only upon request.