Bill Text: CA AB1596 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hazardous substances: contaminated property: fentanyl cleanup.

Spectrum: Committee Bill

Status: (Passed) 2019-10-09 - Chaptered by Secretary of State - Chapter 691, Statutes of 2019. [AB1596 Detail]

Download: California-2019-AB1596-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1596


Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Quirk (Chair), Melendez (Vice Chair), Arambula, Bauer-Kahan, Cristina Garcia, Holden, Mathis, and Muratsuchi)

February 22, 2019


An act to add Chapter 6.9.2 (commencing with Section 25401) to Division 20 of the Health and Safety Code, relating to hazardous substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 1596, as introduced, Committee on Environmental Safety and Toxic Materials. Fentanyl or Other Illicit Drug Contaminated Property Posting Act of 2019.
Existing law provides that a person who is found to have operated a site for the purpose of manufacturing an illegal controlled substance or the precursor of an illegal controlled substance is the generator of a hazardous substance at, or released from, the site that is subject to removal action by the Department of Toxic Substances Control.
Existing law, the Methamphetamine Contaminated Property Cleanup Act of 2005, requires a local health officer to take specified actions after receiving notification from a law enforcement agency of potential contamination of, or of known or suspected contamination of, property by a methamphetamine laboratory activity, including, among other actions, posting a written notice in a prominent location on the premises of the property.
This bill would enact the Fentanyl or Other Illicit Drug Contaminated Property Posting Act of 2019, which would require a local health officer to post a written notice containing specified information on property that is potentially contaminated by a fentanyl or other illicit drug laboratory activity, as defined. By imposing additional duties on local health officers, the bill would impose a state-mandated local program. The bill would subject a person disturbing, destroying, or violating such a notice to a civil penalty of up to $5,000. The bill would require the Department of Toxic Substances Control, the State Department of Public Health, or the Office of Environmental Health Hazard Assessment to establish voluntary cleanup guidelines for fentanyl or other illicit drug laboratories comparable to the standards for methamphetamine contaminated property cleanup.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 6.9.2 (commencing with Section 25401) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  6.9.2. Fentanyl or Other Illicit Drug Contaminated Property Posting Act of 2019
Article  1. General Provisions

25401.
 This chapter shall be known, and may be cited, as the Fentanyl or Other Illicit Drug Contaminated Property Posting Act of 2019.

25401.1.
 The Legislature finds and declares all of the following:
(a) Fentanyl or other illicit drug use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of fentanyl or other illicit drugs where those chemicals remain and where the contamination has not been remediated.
(b) Initial cleanup actions of fentanyl or other illicit drug contaminated property may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where fentanyl or other illicit drug production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated.
(c) Once fentanyl or other illicit drug laboratories have been closed, the public may be harmed by the materials and residues that remain. Skin absorption is a possible route of exposure and elevates the risk to public health.
(d) There are no statewide standards for determining when the site of a closed fentanyl or other illicit drug laboratory has been successfully remediated.

25401.2.
 For purposes of this chapter, the following definitions shall apply:
(a) “Contaminated” or “contamination” means property polluted by a hazardous chemical related to fentanyl or other illicit drug laboratory activities.
(b) “Department” means the Department of Toxic Substances Control.
(c) “Designated local agency” means either of the following:
(1) A city or county agency designated by the local health officer to carry out all, or any portion of, responsibilities assigned to the local health office as specified by this chapter. The local health officer may authorize any of the following to serve as a designated local agency:
(A) The Certified Unified Program Agency or CUPA as certified pursuant to Chapter 6.11 (commencing with Section 25404), except in a jurisdiction where the state is acting as the CUPA pursuant to subdivision (f) of Section 25404.3.
(B) The fire department or environmental health department.
(C) The local agency responsible for enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13).
(2) For property specified in paragraph (2) of subdivision (k), notwithstanding Section 18300, the city or county agency specified in paragraph (1) authorized by the local health officer in that jurisdiction.
(d) “Fentanyl or other illicit drug laboratory activity” means the illegal manufacturing or storage of fentanyl or other illicit drug. This shall include the pill pressing, distribution, cutting, diluting, synthesis, or other activity that has the potential to contaminate the property with fentanyl or other illicit drugs or any of their precursors.
(e) “Local health officer” means either of the following:
(1) Except as provided in paragraph (2), a county health officer, a city health officer, or an authorized representative of that local health officer.
(2) In the case of property specified in paragraph (2) of subdivision (k), an authorized representative of the designated agency specified in paragraph (2) of subdivision (c).
(f) “Manufactured home” means both of the following:
(1) “Manufactured home,” as defined in Section 18007.
(2) “Multiunit manufactured housing,” as defined in Section 18008.7.
(g) “Mobilehome” has the same meaning as defined in Section 18008.
(h) “Mobilehome park” has the same meaning as defined in Section 18214 or 18214.1.
(i) “Office” means the Office of Environmental Health Hazard Assessment.
(j) “Posting” means attaching a written or printed announcement conspicuously on property that is determined to be contaminated by a fentanyl or other illicit drug laboratory activity or the storage of fentanyl or other illicit drug or a related hazardous chemical.
(k) (1) “Property” means a parcel of land, structure, or part of a structure where the manufacture of fentanyl or other illicit drug or storage of fentanyl or other illicit drug or a related hazardous chemical occurred.
(2) “Property” also includes any of the following where the manufacture of fentanyl or other illicit drug or storage of fentanyl or other illicit drug or a related hazardous chemical occurred:
(A) A mobilehome park.
(B) A mobilehome or manufactured home located in a mobilehome park or special occupancy park, or a recreational vehicle sited in a mobilehome park or special occupancy park, including any accessory building or structure under the ownership or control of the owner of the manufactured home, mobilehome, or recreational vehicle sited in the mobilehome park or special occupancy park.
(C) A special occupancy park.
(3) If a mobilehome or manufactured home is not located in a mobilehome park or special occupancy park, then paragraph (1) is applicable to that mobilehome or manufactured home.
(l) “Recreational vehicle” has the same meaning as defined in Section 18010, but only if that vehicle is sited in a mobilehome park or special occupancy park.
(m) “Related hazardous chemical” means a chemical that is determined by the local health officer to be toxic, carcinogenic, explosive, corrosive, or flammable that was used in the manufacture or storage of fentanyl or other illicit drug.
(n) “Warning” means a sign posted by the local health officer conspicuously on property where fentanyl or other illicit drug was manufactured or stored, informing occupants that hazardous chemicals exist on the premises and that entry is unsafe.

Article  2. Local Health Officer Responsibilities

25401.5.
 (a) A local health officer may delegate all or part of the duties specified in this chapter to a designated local agency.
(b) If a fentanyl or other illicit drug laboratory activity has taken place at a property, the local health officer shall assume that the fentanyl or other illicit drug manufacturing process has led to some degree of chemical contamination and shall take action pursuant to this chapter.

25401.6.
 Within 48 hours after receiving notification from a law enforcement agency of potential contamination of property by a fentanyl or other illicit drug laboratory activity, the local health officer shall post a written notice in a prominent location on the premises of the property. At a minimum, the notice shall include all of the following information:
(a) The word “WARNING” in large bold type at the top and bottom of the notice.
(b) A statement that a fentanyl or other illicit drug laboratory was seized on or inside the property or, or in the case of a mobilehome, manufactured home, or recreational vehicle, a statement that a fentanyl or other illicit drug laboratory was seized on the property, inside the property, or both of those statements.
(c) The date of the seizure.
(d) The address or location of the property, including the identification of any dwelling unit, room number, apartment number, or mobilehome, manufactured home, or recreational vehicle space number or address, or recreational vehicle identification number.
(e) The name and contact telephone number of the agency posting the notice on the property.
(f) A statement specifying that hazardous substances, toxic chemicals, or other hazardous waste products may have been present and may remain on or inside the property.
(g) A statement that it is unlawful for an unauthorized person to enter the contaminated portion of the property until advised that it is safe to do so by the local health officer or designated local agency.
(h) A statement that a person disturbing or destroying the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).
(i) A statement that a person violating the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).

Article  3. Establishment of Contaminated Property Guidelines

25402.
 Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, by January 1, 2021, the department, the State Department of Public Health, or the office shall establish voluntary cleanup guidelines for fentanyl or other illicit drug laboratories comparable to the standards outlined in Chapter 6.9.1 (commencing with Section 25400.10) for methamphetamine contaminated property cleanup.

Article  4. Enforcement

25402.5.
 (a) A person disturbing or destroying a notice posted pursuant to Section 25401.6 is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).
(b) A person violating a notice posted pursuant to Section 25401.6 is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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