Bill Text: CA SB1176 | 2023-2024 | Regular Session | Amended

California Senate Bill 1176

Bill Title: Wildfires: workgroup: toxic heavy metals.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB1176 Detail]

Download: California-2023-SB1176-Amended.html

Amended IN Senate May 16, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1176

Introduced by Senator Niello

February 14, 2024

An act to add Section 4114.1 to the Public Resources Code, relating to wildfires.

LEGISLATIVE COUNSEL'S DIGEST

SB 1176, as amended, Niello. Wildfires: workgroup: toxic heavy metals.

Existing law requires the Department of Forestry and Fire Protection to do certain things with respect to fire prevention, including organizing fire crews and patrols.

This bill would ~~require~~ require, upon appropriation by the Legislature, the Department of Forestry and Fire Protection, the Office of Emergency Services, and the Department of Toxic Substances Control, in consultation with specified entities, to form a workgroup related to exposure of toxic heavy metals after a wildfire. The bill would require the workgroup to do certain things, including establishing best practices and recommendations for wildfire-impacted communities and first responders to avoid exposure to heavy metals after a wildfire. The bill would authorize the Department of Forestry and Fire Protection to contract with public universities, research institutions, and other technical experts to support the work of the workgroup. The bill would require the Department of Forestry and Fire Protection, the Office of Emergency Services, and the Department of Toxic Substances Control to report their findings to the Legislature on or before January 1, 2026.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) During the years 2018 to 2021, inclusive, fire seasons in California were among the most destructive on record, with millions of acres burned, thousands of homes destroyed, and dozens of lives lost.

(b) According to the Department of Forestry and Fire Protection (CAL-FIRE), over 4,000,000 acres burned in California between 2018 and 2021, which is more than double the 1,600,000-acre average for the prior 10 years.

(c) During this time period, multiple large-scale wildfires, including the Camp Fire, Woolsey Fire, and Thomas Fire, caused significant damage and destruction to homes and communities across the state.

(d) The magnitude and scale of these wildfires have created unprecedented challenges for affected Californians, including years-long site cleanup and hazardous material removal, prolonged displacement, and serious health complications.

(e) A recent Stanford University study showed that unmanaged wildfires can release toxic metal particles. Specifically, the study showed extreme high heat wildfires can transform a natural element in soils into a potentially cancer-causing and airborne metal known as hexavalent chromium, or chromium 6.

(f) Chromium 6 can possibly increase cancer risk when inhaled or ingested. Other serious health consequences include asthma, heart attacks, and early death, due to its toxicity.

(g) These health risks to firefighters, disaster response workers, and California residents living and working near or downwind from conflagrations from airborne chromium 6 need to be further vetted and mitigated.

(h) More research and study is needed to better understand how to limit high-heat fires, which increase exposure to chromium 6, by implementing strategies, including controlled burns and other forest clean-up measures.

(i) Further research and mitigation strategies will better protect humans and ecosystems, including waterways and groundwater.

SEC. 2.

Section 4114.1 is added to the Public Resources Code, to read:

4114.1.

(a) ~~The~~ Upon appropriation by the Legislature, the department, the Office of Emergency Services, and the Department of Toxic Substances Control, in consultation with academic and research institutions with demonstrated relevant expertise, and any other governmental agency or educational institution that may have experience in public health and wildfires, shall form a workgroup related to exposure of toxic heavy metals after a wildfire.

(b) The workgroup shall do ~~both~~ all of the following:

(1) Establish best practices and recommendations for wildfire-impacted communities and first responders to avoid exposure to heavy metals after a wildfire.

(2) Study and consider ways that communities can mitigate and prevent exposure to heavy metals from a wildfire.

(3) Study and consider ways that communities can mitigate or remediate the accumulation of heavy metals in the environment after a wildfire, including through bioremediation through vegetation, fungal, or bacterial treatments.
(c) The department may contract with public universities, research institutions, and other technical experts to support the work of the workgroup.
~~(c)~~

(d) (1) On or before January 1, 2026, the department, the Office of Emergency Services, and the Department of Toxic Substances Control shall report to the Legislature their findings pursuant to this section.

(2) A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(3) The requirement for submitting a report imposed by this subdivision is inoperative on January 1, 2030, pursuant to Section 10231.5 of the Government Code.