SB 93: Budget Act of 2015.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-04-20
The Budget Act of 2015 appropriated specified amounts for support of the Department of Toxic Substances Control.
This bill would require the Director of Finance to transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for activities related to the lead contamination in the communities surrounding the Exide Technologies facility in the City of Vernon. This bill would require the department to repay these funds, as specified, and would authorize the Director of Finance to forgive any unpaid balance of the loan under specified circumstances.
This bill would declare that it is to take effect immediately as a Budget Bill.
The Budget Act of 2015 appropriated specified amounts for support of the Department of Toxic Substances Control.
This bill would require the Director of Finance to transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for activities related to the lead contamination in the communities surrounding the Exide Technologies facility in the City of Vernon. This bill would require the department to repay these funds, as specified, and would authorize the Director of Finance to forgive any unpaid balance of the loan under specified circumstances.
This bill would declare that it is to take effect immediately as a Budget Bill.
The Budget Act of 2015 appropriated specified amounts for support of the Department of Toxic Substances Control.
This bill would require the Director of Finance to transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for activities related to the lead contamination in the communities surrounding the Exide Technologies facility in the City of Vernon. This bill would require the department to repay these funds, as specified, and would authorize the Director of Finance to forgive any unpaid balance of the loan under specified circumstances.
This bill would declare that it is to take effect immediately as a Budget Bill.
The Budget Act of 2015 appropriated $55,136,000 from the Toxic Substances Control Account to specified amounts for support of the Department of Toxic Substances Control for support of the department. Control.
This bill would increase this appropriation by $176,600,000 to $231,736,000. The bill would require this increase to be used for costs related to the cleanup and testing of contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon. The bill would require the Director of Finance to make a loan of $176,600,000 from the General Fund to the account and would require all funds received through cost recovery efforts from responsible parties associated with the hazardous substance contamination in communities surrounding the Exide Technologies facility in the City of Vernon to be used to repay the loan.
This bill would require the Director of Finance to transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for activities related to the lead contamination in the communities surrounding the Exide Technologies facility in the City of Vernon. This bill would require the department to repay these funds, as specified, and would authorize the Director of Finance to forgive any unpaid balance of the loan under specified circumstances.
This bill would declare that it is to take effect immediately as a Budget Bill.
The Budget Act of 2015 appropriated $55,136,000 from the Toxic Substances Control Account to the Department of Toxic Substances Control for support of the department.
This bill would increase this appropriation by $176,600,000 to $231,736,000. The bill would require this increase to be used for costs related to the cleanup and testing of contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon. The bill would require the Director of Finance to make a loan of $176,600,000 from the General Fund to the account and would require all funds received through cost recovery efforts from responsible parties associated with the hazardous substance contamination in communities surrounding the Exide Technologies facility in the City of Vernon to be used to repay the loan.
This bill would declare that it is to take effect immediately as a Budget Bill.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.
3960-011-0001For transfer by the Controller, upon order of the Director of Finance, from the General Fund to the Toxic Substances Control Account | (176,600,000) | ||||||
| Provisions: | |||||||
| 1. | The Director of Finance shall transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for any of the following purposes: | ||||||
| (a) | Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| (b) | Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| (c) | Actions taken to pursue all available remedies against potentially responsible parties, including, but not limited to, cost recovery actions against entities that are potentially responsible, for the costs related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| 2. | All funds recovered from the potentially responsible parties shall be used to repay the loan made pursuant to this item. If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loan made pursuant to this item, the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee. | ||||||
| 3. | The funds identified in this item shall be available for transfer until June 30, 2018. | ||||||
The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.
SEC. 3.This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.
3960-011-0001For transfer by the Controller, upon order of the Director of Finance, from the General Fund to the Toxic Substances Control Account | (176,600,000) | ||||||
| Provisions: | |||||||
| 1. | The Director of Finance shall transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for any of the following purposes: | ||||||
| (a) | Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| (b) | Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| (c) | Actions taken to pursue all available remedies against potentially responsible parties, including, but not limited to, cost recovery actions against entities that are potentially responsible, for the costs related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| 2. | All funds recovered from the potentially responsible parties shall be used to repay the loan made pursuant to this item. If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loan made pursuant to this item, the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee. | ||||||
| 3. | The funds identified in this item shall be available for transfer until June 30, 2018. | ||||||
The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.
SEC. 3.This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.
3960-011-0001For transfer by the Controller, upon order of the Director of Finance, from the General Fund to the Toxic Substances Control Account | (176,600,000) | ||||||
| Provisions: | |||||||
| 1. | The Director of Finance shall transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for any of the following purposes: | ||||||
| (a) | Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| (b) | Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| (c) | Actions taken to pursue all available remedies against potentially responsible parties, including, but not limited to, cost recovery actions against entities that are potentially responsible, for the costs related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| 2. | All funds recovered from the potentially responsible parties shall be used to repay the loan made pursuant to this item. If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loan made pursuant to this item, the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee. | ||||||
| 3. | The funds identified in this item shall be available for transfer until June 30, 2018. | ||||||
The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.
SEC. 3.This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.
3960-011-0001For transfer by the Controller, upon order of the Director of Finance, from the General Fund to the Toxic Substances Control Account | (176,600,000) | ||||||
| Provisions: | |||||||
| 1. | The Director of Finance shall transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for any of the following purposes: | ||||||
| (a) | Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| (b) | Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| (c) | Actions taken to pursue all available remedies against potentially responsible parties, including, but not limited to, cost recovery actions against entities that are potentially responsible, for the costs related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California. | ||||||
| 2. | All funds recovered from the potentially responsible parties shall be used to repay the loan made pursuant to this item. If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loan made pursuant to this item, the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee. | ||||||
The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.
SEC. 3.This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.
SECTION 1.Item 3960-001-0557 of Section 2.00 of the Budget Act of 2015 is amended to read:3960-001-0557For support of Department of Toxic Substances Control, payable from the Toxic Substances Control Account | 231,736,000 | ||||||
Schedule: | |||||||
| (1) | 3620011-Other Site Mitigation Activities | 49,441,000 | |||||
| (2) | 3630-Safer Consumer Products | 13,946,000 | |||||
| (2.1) | 3625-Hazardous Waste Management | 3,326,000 | |||||
| (2.5) | 9900100-Administration | 204,000 | |||||
| (2.6) | 9900200-AdministrationDistributed | 204,000 | |||||
| (3) | Reimbursements to 3620011-Other Site Mitigation Activities | 11,433,000 | |||||
| (4) | Reimbursements to 3630-Safer Consumer Products | 144,000 | |||||
| (5) | Exide Technologies facility contamination cleanup | 176,600,000 | |||||
Provisions: | |||||||
| 1. | The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code. | ||||||
| 2. | The amount appropriated in this item includes state oversight costs at military installations. The expenditure of these funds shall not relieve the federal government of the responsibility to pay for all state oversight costs. The Department of Toxic Substances Control shall take all steps necessary to recover these costs from the federal government, including, but not limited to, filing civil actions authorized by state and federal law. | ||||||
| 3. | The funds appropriated in Schedule (5) shall be used for costs related to the cleanup and testing of contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon. | ||||||
| 4. | The Director of Finance shall make a loan of $176,600,000 from the General Fund to the Toxic Substances Control Account, consistent with the following: | ||||||
| (a) | All funds received through cost recovery efforts from responsible parties associated with the hazardous substance contamination in communities surrounding the Exide Technologies facility in the City of Vernon shall be used to repay the loan. | ||||||
| (b) | To the extent the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loan, the Director of Finance may forgive any remaining balance, if, at least 90 days before forgiving any balance, the Director of Finance submits a notice and report of that action to the Joint Legislative Budget Committee. | ||||||
This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.
3960-001-0557For support of Department of Toxic Substances Control, payable from the Toxic Substances Control Account | 55,136,000 231,736,000 | ||||||
Schedule: | |||||||
| (1) | 3620011-Other Site Mitigation Activities | 49,441,000 | |||||
| (2) | 3630-Safer Consumer Products | 13,946,000 | |||||
| (2.1) | 3625-Hazardous Waste Management | 3,326,000 | |||||
| (2.5) | 9900100-Administration | 204,000 | |||||
| (2.6) | 9900200-Administration Distributed | 204,000 | |||||
| (3) | Reimbursements to 3620011-Other Site Mitigation Activities | 11,433,000 | |||||
| (4) | Reimbursements to 3630-Safer Consumer Products | 144,000 | |||||
| (5) | Exide Technologies facility contamination cleanup | 176,600,000 | |||||
Provisions: | |||||||
| 1. | The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code. | ||||||
| 2. | The amount appropriated in this item includes state oversight costs at military installations. The expenditure of these funds shall not relieve the federal government of the responsibility to pay for all state oversight costs. The Department of Toxic Substances Control shall take all steps necessary to recover these costs from the federal government, including, but not limited to, filing civil actions authorized by state and federal law. | ||||||
| 3. | The funds appropriated in Schedule (5) shall be used for costs related to the cleanup and testing of contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon. | ||||||
| 4. | The Director of Finance shall make a loan of $176,600,000 from the General Fund to the Toxic Substances Control Account, consistent with the following: | ||||||
| (a) | All funds received through cost recovery efforts from responsible parties associated with the hazardous substance contamination in communities surrounding the Exide Technologies facility in the City of Vernon shall be used to repay the loan. | ||||||
| (b) | To the extent the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loan, the Director of Finance may forgive any remaining balance, if, at least 90 days before forgiving any balance, the Director of Finance submits a notice and report of that action to the Joint Legislative Budget Committee. | ||||||
This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.
SECTION 1.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.
|
Date
|
Status
|
|---|---|
| Apr 6, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. |
| Apr 20, 2016 | Chaptered by Secretary of State. Chapter 9, Statutes of 2016. |
| Apr 20, 2016 | Approved by the Governor. |
| Apr 19, 2016 | Enrolled and presented to the Governor at 10:15 a.m. |
| Apr 18, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Apr 18, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 3575.) Ordered to engrossing and enrolling. |
| Apr 14, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 14, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Apr 7, 2016 | Withdrawn from committee. |
| Apr 7, 2016 | Ordered to third reading. |
| Apr 7, 2016 | Assembly Rule 96 suspended. (Ayes 49. Noes 27. Page 4219.) |
| Apr 7, 2016 | Assembly Rule 96 suspended. |
| Jan 9, 2015 | Introduced. To Com. on RLS. for assignment. To print. |
| Apr 4, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. |
| Feb 22, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. |
| Mar 23, 2015 | Referred to Com. on BUDGET. |
| Mar 23, 2015 | Read third time. Passed. (Ayes 23. Noes 13. Page 384.) Ordered to the Assembly. |
| Mar 23, 2015 | In Assembly. Read first time. Held at Desk. |
| Mar 19, 2015 | Read second time. Ordered to third reading. |
| Mar 18, 2015 | From committee: Ordered to second reading. |
| Feb 5, 2015 | Referred to Com. on RLS. |
| Jan 12, 2015 | Read first time. |
| Jan 12, 2015 | From printer. May be acted upon on or after February 11. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 18, 2016 | Unfinished Business SB93 De León Concurrence | Senate Floor |
Passed |
|
| Apr 14, 2016 | SB 93 De León Senate Third Reading | Assembly Floor |
Passed |
|
| Mar 23, 2015 | Senate 3rd Reading SB93 Committee On B. & F.R. (Leno) | Senate Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 93
:
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR: 76-0, 4/14/16 - See last page for vote
DIGEST: This bill amends the Budget Act of 2015 to adopt expenditures related to the cleanup of the Exide Technologies facility in the City of Vernon.
Assembly Amendments delete the Senate version of the bill, which expressed the intent of the Legislature to enact statutory changes relating to Budget Act of 2015, and insert the current language.
This bill:
- Transfers $176.6 million as a loan from the General Fund to the Toxic Substances Control Account.
- Stipulates that funds may be used for any of the following activities:
- cleanup and investigation of properties contaminated by lead in communities surrounding the Exide Technologies facility in the City of Vernon;
- provide job training related to the cleanup and investigation activities; and
- take action to pursue all remedies against potential responsible parties including, but not limited to, cost recovery.
- Specifies that, to the extent cost recoveries are not sufficient to fully repay the loan, the Director of Finance may forgive any remaining balance provided the director submits a notice and report of that action to the Joint Legislative Budget Committee.
Background
Exide Technologies is located in the City of Vernon, about five miles southeast of downtown Los Angeles. The facility occupies 15 acres in a heavily industrial region with surrounding residential areas. Facility operations included recycling lead-bearing scrap materials obtained from spent lead-acid batteries. This facility ceased operations in 2014 and permanently closed after the Department of Toxic Substances Control notified Exide that its application for a new permit would be denied. The department then ordered Exide to test and clean up residential properties and conducted its own testing.
The department’s analysis indicates that releases from the facility deposited lead dust across an area of southeast Los Angeles County, resulting in contamination extending 1.7 miles from the facility and impacting up to 10,000 properties, including residences, parks, and schools.
In August 2015, the Legislature and the Governor approved $7 million of emergency funding to test up to 1,500 residential properties, parks, schools, and daycare centers in the surrounding community; develop a comprehensive cleanup plan; and begin cleanup of the highest priority sites based on the degree of lead contamination and other exposure factors. To date, the department has removed more than 10,000 tons of contaminated soil and analyzed more than 20,000 soil samples from hundreds of properties. The department has also established an advisory group of community leaders, local residents, business leaders, scientists, and elected officials to help guide closure and cleanup efforts.
This bill provides additional funding from the Toxic Substances Control Account to test the remaining properties, schools, daycare centers, and parks in the 1.7 mile radius and remove contaminated soil at the properties that have the highest lead levels and greatest potential exposure to residents. In addition, the department will conduct specialized tests and analyses to conclusively identify the source of the contamination and hold Exide – and any other responsible parties – accountable.
The plan provides resources to expand community engagement in the testing and cleanup process, enhance coordination and job training for community residents, and promote the use of local business and labor for contracting purposes.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
None received
None received
ASSEMBLY FLOOR: 76-0, 4/14/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Irwin, Levine, Melendez, Nazarian
4/15/16 14:10:40
**** END ****
SENATE THIRD READING
STR Bill Id:SB 93
Author:(De León and Lara)
As Amended Ver:April 6, 2016
Majority vote. Budget Bill Appropriation Takes Effect Immediately
SENATE VOTE: Vote not relevant
SUMMARY: Amends the 2015-16 Budget Act to include a new transfer of funds to address urgent cleanup of lead contamination in the communities surrounding the Exide Technologies facility in the City of Vernon. This bill, along with the companion trailer bill, AB 118 (De León and Lara) of the current legislative session, proposes expenditures of $176.6 million for cleanup-related activities.
The Senate amendments delete the Assembly version of this bill, and instead:
- Transfer $176.6 million as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control (DTSC) to use for any of the following purposes:
- Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the Exide Technologies facility in the City of Vernon, California.
- Job training activities related to the cleanup and investigation of the properties contaminated with lead in these communities.
- Actions taken to pursue all available remedies against potentially responsible parties, including, but not limited to, cost recovery actions against entities that are potentially responsible, for the costs related to the cleanup and investigation of properties contaminated with lead in these communities.
- Stipulate that all funds received through cost recovery efforts from responsible parties associated with the hazardous substance contamination in the communities surrounding the Exide Technologies facility in the City of Vernon shall be used to repay the General Fund loan.
- Specify that, to the extent cost recoveries are not sufficient to fully repay the loan, the Director of Finance may forgive any remaining balance provided the Director of Finance submits a notice and report of that action to the Joint Legislative Budget Committee.
- Stipulate that these funds shall be available for transfer until June 30, 2018.
COMMENTS: Exide Technologies is located in the City of Vernon, about five miles southeast of downtown Los Angeles. The facility occupies 15 acres in a heavily industrial region with surrounding residential areas. Facility operations included recycling lead-bearing scrap materials obtained from spent lead-acid batteries. This facility operated under an interim status for over 30 years. During that time, inspectors documented more than 100 violations, including lead and acid leaks, an overflowing pond of toxic sludge, enormous cracks in the floor and hazardous levels of lead in the soil outside.
The DTSC permanently suspended operations at Exide in 2014 and the facility closed in 2015 after the DTSC notified Exide that its application for a new permit would be denied. The DTSC then ordered Exide to test and clean up residential properties and conducted its own testing.
The DTSC's analysis indicates that releases from the facility deposited lead dust across an area of southeast Los Angeles County, resulting in contamination extending 1.7 miles from the facility and impacting up to 10,000 properties, including residences, parks, and schools. The South Coast Air Quality Management District also cited the facility numerous times, and reported that arsenic emissions from Exide created an elevated risk of cancer for as many as 11,000 people in the area stretching from Boyle Heights to Huntington Park.
In August 2015, the Legislature and the Governor approved $7 million of emergency funding to test up to 1,500 residential properties, parks, schools, and daycare centers in the surrounding community; develop a comprehensive cleanup plan; and begin cleanup of the highest priority sites based on the degree of lead contamination and other exposure factors. To date, the DTSC has overseen the sampling of 714 properties and the cleanup of 208 properties. The DTSC has also established an Advisory Group of community leaders, local residents, business leaders, scientists, and elected officials to help guide closure and cleanup efforts.
This bill package would provide additional funding from the Toxic Substances Control Account to test the remaining properties, schools, daycare centers, and parks in the 1.7 mile radius and remove contaminated soil at the properties that have the highest lead levels and greatest potential exposure to residents. In addition, the DTSC will conduct specialized tests and analyses to conclusively identify the source of the contamination and hold Exide – and any other responsible parties – accountable.
The $176.6 million loan from the General Fund to the Toxic Substances Control Account loan will enable the DTSC to address the significant public health concerns in the communities surrounding the Exide Technologies facility in an expedited manner. However, cleanup costs initially incurred by the State will ultimately be sought from the parties responsible for the lead contamination.
Analysis Prepared by: Gabrielle Meindl / BUDGET / (916) 319-2099 FN: 0002717
SB 93
Page 0
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 93
Author: Committee on Budget and Fiscal Review
Introduced: 1/9/15
DIGEST: This bill expresses the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.
ANALYSIS: Senate Bills 75 through 109, inclusive, are to be considered as vehicles for the 2015-16 Budget Trailer Bills.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
None received
OPPOSITION: (Verified 3/19/15)
None received
Prepared by: Karen Chow / SFA / (916) 651-1520
3/20/15 13:25:25
**** END ****
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