Bill Text: CA AB1596 | 2019-2020 | Regular Session | Amended
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-Amended.html
Amended
IN
Assembly
April 03, 2019 |
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 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The heading of Chapter 6.9.1 (commencing with Section 25400.10) of Division 20 of the Health and Safety Code is amended to read:
CHAPTER
6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act of 2005
SEC. 2.
The heading of Article 1 (commencing with Section 25400.10) of Chapter 6.9.1 of Division 20 of the Health and Safety Code is amended to read:
Article
1. Findings and Definitions General Provisions
SEC. 3.
Section 25400.10 of the Health and Safety Code is amended to read:25400.10.
(a) The Legislature finds and declares all of the following:SEC. 4.
Section 25400.11 of the Health and Safety Code is amended to read:25400.11.
For purposes of this chapter, the following definitions shall apply:(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
SEC. 5.
Section 25400.13 is added to the Health and Safety Code, to read:25400.13.
To the extent that funding is available, the department may do any of the following to implement this chapter:SEC. 6.
Section 25400.16 of the Health and Safety Code is amended to read:25400.16.
(a) Property contaminated by methamphetamine laboratory activity is safe for human occupancy for purposes of this chapter only if the level of methamphetamine on an indoor surface is less than, or equal to, 1.5 micrograms per 100 square centimeters.(d)
SEC. 7.
Section 25400.17 of the Health and Safety Code is amended to read:25400.17.
(a) Notwithstanding any otherSEC. 8.
Section 25400.18 of the Health and Safety Code is amended to read:25400.18.
Within 48 hours after receiving notification from a law enforcement agency of potential contamination of property by a methamphetamine or fentanyl 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:SEC. 9.
Section 25400.19 of the Health and Safety Code is amended to read:25400.19.
Within five working days after receiving a notification from a law enforcement agency of known or suspected contamination of a property by a methamphetamine or fentanyl laboratory activity, or upon notification from the property owner, the local health officer shall inspect the property, including the mobilehome, manufactured home, or recreational vehicle and the land on which it is located, pursuant to this section. In the case of a mobilehome, manufactured home, or recreational vehicle, that is property pursuant to paragraph (2) of subdivisionSEC. 10.
Section 25400.20 of the Health and Safety Code is amended to read:25400.20.
(a) Upon completing an inspection pursuant to Section 25400.19, the local health officer shall immediately determine whether the property is contaminated.SEC. 11.
Section 25400.22 of the Health and Safety Code is amended to read:25400.22.
(a) No later than 10 working days after the date when a local health officer determines that property is contaminated pursuant to subdivision (b) of Section 25400.20, the local health officer shall do all of the following:SEC. 12.
Section 25400.25 of the Health and Safety Code is amended to read:25400.25.
(a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine or fentanyl laboratory activity, a property owner who owns property that is the subject of an order posted pursuant to subdivision (i) of Section 25400.22, and a person occupying property that is the subject of the order, shall immediately vacate the affected unit, including the mobilehome, manufactured home, or recreational vehicle, as applicable, and any accessory building or structure related thereto, that is determined to be in a hazardous zone by the local health officer.SEC. 13.
Section 25400.26 of the Health and Safety Code is amended to read:25400.26.
(a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine or fentanyl laboratory activity, or a property owner who owns property that is the subject of an order posted pursuant to subdivision (i) of Section 25400.22, shall utilize the services of an authorized contractor to remediate the contamination caused by the methamphetamine or fentanyl laboratory activity, in accordance with the procedures specified in this section.SEC. 14.
Section 25400.27 of the Health and Safety Code is amended to read:25400.27.
(a) If a local health officer determines that property that has been the subject of a PSA report has been remediated in accordance with this chapter, or if the local health officer makes the determination specified in paragraph (2) of subdivision (e) of Section 25400.26, the local health officer shall issue a no further action determination.SEC. 15.
Section 25400.28 of the Health and Safety Code is amended to read:25400.28.
Until a property owner subject to Section 25400.25 receives a notice from a local health officer pursuant to Section 25400.27 that the property identified in an order requires no further action, all of the following shall apply to that property:SEC. 16.
Section 25400.30 of the Health and Safety Code is amended to read:25400.30.
(a) (1) If a property owner does not initiate or complete the remediation of property in compliance with an order issued by a local health officer pursuant to this chapter, the city or county in which the property is located may, at its discretion, take action to remediate the contaminated or residually contaminated portion of the property pursuant to this chapter or may seek a court order to require the property owner to remediate the property in compliance with this chapter.SEC. 17.
Section 25400.36 of the Health and Safety Code is amended to read:25400.36.
The PSA work plan shall include, but is not limited to, all of the following:SEC. 18.
Section 25400.45 of the Health and Safety Code is amended to read:25400.45.
(a) A property owner who does not provide a notice or disclosure required by this chapter is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). A property owner shall also be assessed the full cost of all harm to public health or to the environment resulting from the property owner’s failure to comply with this chapter.SEC. 19.
Section 25400.46 of the Health and Safety Code is amended to read:25400.46.
(a) A property owner who receives an order issued by a local health officer pursuant to Section 25400.22, or a property owner who owns property that is the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, is liable for, and shall pay all of the following costs if it is determined that the property is contaminated:SEC. 20.
Section 25400.47 of the Health and Safety Code is amended to read:25400.47.
(a) If the registered owner of a mobilehome, manufactured home, or recreational vehicle, in or about which methamphetamine or fentanyl laboratory activity occurred, does not take the action required by subdivision (b) of Section 25400.25, within 30 days, as required by the order issued by a local health officer, or does not pay the city or county for the costs of remediation specified in subdivision (c) of Section 25400.30, the mobilehome park or special occupancy park owner may immediately initiate the actions authorized by paragraph (5) of subdivision (c) of Section 25400.28, including, but not limited to, terminating the tenancy of the owner of the mobilehome, manufactured home, or recreational vehicle, if any, by a written noncurable three-day notice to quit, and not later than 30 days after restitution of possession of the real property, or vacation or abandonment of the tenancy, the mobilehome park or special occupancy park owner or operator may abate any nuisance and take any of the following actions:This chapter shall be known, and may be cited, as the Fentanyl or Other Illicit Drug Contaminated Property Posting Act of 2019.
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.
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.
(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.
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).
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.
(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).