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.

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 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 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.

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1176

Author:(Niello) – As Amended Ver:May 16, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Forestry and Fire Prevention (CalFire), the Office of Emergency Services (Cal-OES), and the Department of Toxic Substances Control (DTSC) to form a workgroup and, by January 1, 2026, report to the Legislature on exposure of toxic heavy metals after a wildfire.

Specifically, this bill:

1. Requires CalFire, Cal-OES, and DTSC to consult with academic and research institutions with relevant expertise and any other governmental agency or educational institution with experience in public health and wildfires.
2. Requires the workgroup to establish best practices and recommendations for communities and first responders to avoid exposure to heavy metals after a wildfire and minimize or remediate the accumulation of heavy metals in the environment after a wildfire.
3. Authorizes CalFire to contract with public universities, research institutions, and other technical experts to support the workgroup.

FISCAL EFFECT:

CalFire reports total General Fund one-time costs of $12.5 million to partner with an academic institution or non-governmental entity to conduct research and develop the report. This includes $7.5 million for research on toxic heavy metal exposure prevention for firefighters and impacted communities; and $5 million to support bioremediation research of heavy metal toxins through vegetation, fungal, or bacterial treatments including a lab-based study, field studies, and examination of broad scale application.

DTSC reports General Fund costs of $500,000 annually for two limited term positions for portions of two fiscal years to participate in the workgroup. DTSC notes that its role, to date, for post-wildfire response is removal of household hazardous waste, while the Department of Resources Recycling and Recovery manages ash and debris remaining at a post-wildfire site and the State Water Resources Control Board’s regional waterboards address contamination in water systems impacted by wildfire.

Cal-OES reports total General Fund costs of $1,035,000 for one Fire & Rescue coordinator position at $345,000 annually for three years to participate in the workgroup.

These costs could be lower given the report due date of January 1, 2026, even though the bill is operative through January 1, 2030. In addition, similar research already is underway by CalFire and pursuant to prior legislation discussed below.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Purpose. According to the author:

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. 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.

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. 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. Further research and mitigation strategies will better protect humans and ecosystems, including waterways and groundwater. SB 1176 will bring the right people together to help come up with these strategies helping to protect Californians.

1. Background. Research suggests cancer is the leading cause of death among firefighters and firefighters are at higher risk of certain types of cancers compared to the general population. During fire events, firefighters can be exposed to hundreds of different chemicals in the form of gases, vapors, and particulates. Exposure can be via inhalation, ingestion, or absorption into their eyes or by handling protective clothing.

CalFire is currently involved in projects aimed at reducing the occupational risks that firefighters face. In partnership with the Wildfire Conservancy, the National Fire Fighter Cancer Cohort Study, and the University of Arizona, CalFire is working to study exposure risk and identify interventions to help reduce the risk of developing cancer in firefighters. Another partnership includes identifying hazards and reducing exposure risk from vehicle contamination. Projects focused on dermal exposure and proper protective gear as well as evaluating respiratory protection are also ongoing.

1. Related Legislation. AB 102 (Ting), Chapter 38, Statutes of 2023, appropriated $7 million from the General Fund to the University of California (UC), in partnership with the State Department of Public Health and the FIRESCOPE Program Cancer Prevention Subcommittee, for the California Firefighter Cancer Prevention and Research Program.

AB 700 (Grayson), Chapter 268, Statutes of 2023, established the California Firefighter Cancer Prevention and Research Program and requested the UC to administer a competitive grant program for UC campuses to conduct research related to understanding biomarkers of exposure to chemical carcinogens that are absorbed and metabolized by firefighters.

Analysis Prepared by: Jacqueline Kinney / APPR. / (916) 319-2081

Date of Hearing: June 25, 2024

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Eduardo Garcia, Chair

SBPCA Bill Id:SB 1176

Author:(Niello) – As Amended Ver:May 16, 2024

SENATE VOTE: 38-0

SUBJECT: Wildfires: workgroup: toxic heavy metals

SUMMARY: Requires the Department of Forestry and Fire Prevention (CalFire), the Office of Emergency Services (Cal OES), and the Department of Toxic Substances Control (DTSC), in consultation with specified entities, to form a workgroup related to exposure of toxic heavy metals after a wildfire; authorizes CalFire to contract with public universities, research institutions, and other technical experts to support the work of the workgroup; and, requires the workgroup to report their findings to the Legislature on or before January 1, 2026. Specifically, this bill:

1. Requires CalFire, Cal OES, and DTSC, in consultation with academic and research institutions with relevant expertise, and any other governmental agency or educational institution that may have experience in public health and wildfires, to form a workgroup related to exposure of toxic heavy metals after a wildfire.
2. Requires the workgroup to do 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 minimize and prevent exposure to heavy metals from a wildfire;
   3. Study and consider ways that communities can minimize or remediate the accumulation of heavy metals in the environment after a wildfire, including through bioremediation through vegetation, fungal, or bacterial treatments; and,
3. Authorizes CalFire to contract with public universities, research institutions, and other technical experts to support the work of the workgroup.
4. Requires, on or before January 1, 2026, CalFire, Cal OES, and DTSC to report to the legislature the findings by the workgroup.
5. Sunsets the reporting requirement on January 1, 2030.

EXISTING LAW:

1. Establishes the Department of Forestry and Fire Protection under the control of a Governor appointed director. (Public Resource Code (PRC) § 701)
2. Defines "department" as the Department of Forestry and Fire Protection (CalFire). (PRC §4003)
3. States that on and after January 1, 2007, the Department of Forestry and Fire Protection may be referred to, where appropriate and as determined by the director, as CAL-FIRE. (PRC § 701.5)
4. Gives CalFire the responsibility for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies. Requires CalFire to coordinate programs of fire protection, fire prevention, pest control, and forest and range maintenance and enhancement. (PRC § 713)
5. Establishes the Office of Emergency Services (OES) within the Governor’s Office under the supervision of the Director of Emergency Services. OES is responsible for the state’s emergency and disaster response services for natural, technological, or man-made disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. (Government Code (GC) §8585)
6. Establishes the Hazardous Waste Control Law (HWCL) to authorize DTSC to regulate the management of hazardous wastes in California. (Health and Safety Code (HSC) § 25100 et seq.)
7. Requires DTSC to prepare, adopt and revise when appropriate, a listing of the wastes which are determined to be hazardous, and a listing of the wastes which are determined to be extremely hazardous. When identifying such wastes the department shall consider, but not be limited to, the immediate or persistent toxic effects to humans and wildlife and the resistance to natural degradation or detoxification of the wastes. (HSC § 25140)

Under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65):

1. Prohibits, a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual. (HSC § 25249.6)
2. Requires the Governor, on or before March 1, 1987, to publish a list of chemicals known to the state to cause cancer or reproductive toxicity and to revise and republish in light of additional knowledge at least once per year thereafter. (HSC § 25249.8)

FISCAL EFFECT: Unknown

COMMENTS:

Need for bill: According to the author:

"Between 2018 and 2021, California’s fire seasons were among the most destructive on record, with millions of acres burned, thousands of homes destroyed, and dozens of lives lost. 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.

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. 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.

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. 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. Further research and mitigation strategies will better protect humans and ecosystems, including waterways and groundwater. SB 1176 will bring the right people together to help come up with these strategies helping to protect Californians."

Proposition 65: Proposition 65, officially known as the Safe and Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. Proposition 65 requires the state to maintain and update a list of chemicals known to the state to cause cancer or reproductive toxicity, protects the state's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects and other reproductive harm and requires businesses to inform Californians about exposure to such chemicals. The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 65 and has the authority to adopt and modify regulations as necessary. According to OEEHA, Proposition 65 list contains a wide range of naturally occurring and synthetic chemicals including additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. Chromium 6, commonly referred to as hexavalent chromium, is listed under the Proposition 65 list. It is listed as a carcinogen since 02/27/1987 (basis for listing: labor code), a developmental toxicant since 12/19/2008, and a reproductive toxicant, for both sexes, since 12/19/2008. OEHHA has a report, titled "Evidence on the Developmental and Reproductive Toxicity of Chromium (hexavalent compounds)," published in 2009 available on their website.

Wildfires: Wildfires have ravaged regions across the state of California in recent years. The size, duration, and the destructiveness of wildfires has grown in the last decade. CalFire's website provides statistics on wildfire events. A document titled "Top 20 Largest California Wildfires," available on CalFire's website and last updated in 2022, shows that nine of those wildfires have occurred in the last five years alone (2019-2024). CalFire's "Top 20 Most Destructive California Wildfires" document, last updated March 2024, lists seven wildfires from the last five years (2019-2024).

California Air Resources Board (CARB) describes on their website that air pollutants from wildfires include particulate matter and toxic air contaminants. Toxic air contaminants can include metals, carbon monoxide, hydrogen cyanide and toxic volatile organic compounds. Furthermore, on July 2021, CARB released a report titled "Camp Fire Air Quality Data Analysis." In this report, CARB describes the findings from comparing the 2018 Camp Fire (Butte County, California) air quality data to that of other large wildfires in 2018 that mostly burned vegetation. They found elevated levels of lead, zinc, calcium, iron and manganese. Some of these metals were detected 150 miles from the wildfire site (San Jose and Modesto, CA).

Wildfire Debris Removal and Recovery Operations: DTSC and the Department of Resources Recycling and Recovery (Cal Recycle) are tasked with different phases of the Wildfire Debris Removal and Recovery Operations. The removal of visible household hazardous waste (HHW) is phase I. In this phase, DTSC's Emergency Response Unit oversees the removal of HHW such as household batteries, bulk pesticides, paints, aerosol cans, and asbestos siding from impacted areas. Following DTSC's work, Cal Recycle implements phase 2. Phase 2 consists of debris removal like concrete, metal, ash and the top 3-6 inches of contaminated soil. Soil testing and contaminated soil removal are part of the process because toxins like arsenic, lead, mercury, and chlorine can be present.

Firefighters and cancer: According to The National Institute for Occupational Safety and Health (NIOSH) website, under the Centers for Disease Control and Prevention, cancer is the leading cause of death among firefighters. Research suggests that firefighters are at higher risk of certain types of cancers compared to the general population. During fire events, firefighters can be exposed to hundreds of different chemicals in the form of gases, vapors, and particulates. Exposure can be via inhalation, ingestion, into their eyes or by handling protective clothing. In 2022, the International Agency for Research on Cancer (IARC) completed a literature review of the scientific evidence available -research from multiple countries. IARC classified occupational exposure as a firefighter as "carcinogenic to humans." This classification is based on sufficient evidence for cancer in humans. They conclude there is sufficient evidence for mesothelioma and bladder cancer. They also concluded there was limited evidence for colon cancer, prostate cancer, testicular cancer, melanoma, and non-Hodgkin lymphoma. That is, positive associations were identified, but chance, bias, and/or confounding variables could not be ruled out with reasonable confidence. The assessment was published in IARC Monographs and a summarized version was published in The Lancet Oncology titled, "Carcinogenicity of occupational exposure as a firefighter."

CalFire is currently involved in projects aimed at reducing the occupational risks that firefighters face. In partnership with the Wildfire Conservancy, the National Fire Fighter Cancer Cohort Study, and the University of Arizona, Cal Fire is working to study exposure risk and identify interventions to help reduce the risk of developing cancer in firefighters. Another partnership includes identifying hazards and reducing exposure risk from vehicle contamination. Projects focused on dermal exposure and proper protective gear as well as evaluating respiratory protection are also ongoing.

Chromium 3 and 6: The element chromium exists in several forms. Chromium 3, or trivalent chromium, and chromium 6 are among the most stable forms found in the environment. Research suggests chromium 3 might play a role in nutrient metabolism via insulin action in the body. Chromium 3 is considered non-toxic. On the other hand, as stated in OEHHA's Chromium 6 factsheet, chromium 6 is the most toxic form of the metal chromium. It is naturally found in rocks and can enter the groundwater. Chromium 6 is commonly used in pigments for textile dyes, paints and inks. It is also used in chrome plating processes and in wood preservatives. As a result, industrial use of chromium 6 can also contribute to groundwater contamination and manufacturing emissions can be source of exposure to the general public.

In 2021, The National Toxicology Program published their fifteen edition report titled "Report on Carcinogens." Their section for chromium hexavalent compounds summarizes cancer risks, exposure, and properties of these chemicals. Studies looking at human data have consistently shown increased risk of lung cancer for workers involved in chromate production, chromate pigment production, and chro­mium plating. Exposure to chromium 6 can come from breathing ambient air, drinking water, or skin contact with products that contain chromium 6. Lastly, research has shown that chromium 6 can cross the placenta barrier – passing from mother to baby.

Chromium and wildfires: A study published in Analytical and Bioanalytical Chemistry in 2011 titled, "Simultaneous speciation of arsenic, selenium, and chromium: species stability, sample preservation, and analysis of ash and soil leachates," found high levels of chromium 6 in samples taken from burned residential areas compared to those from non-residential forested areas. In 2019, a study titled, "A new pathway for hexavalent chromium formation in soil: Fire-induced alteration of iron oxides" was published in Environmental Pollution by a group in Australia. They reported that high temperatures, like those reached during a wildfire, can cause the formation of chromium 6 from chromium 3 present in surface soils. More recently, a research study titled "Metal toxin threat in wildland fires determined by geology and fire severity" was published in Nature Communications. In this 2023 study, soils and ash were collected from the North Coast Range (Sonoma, Napa, and Lake counties) after the Kincade and Hennessey Fires in November 2019 and September 2020, respectively. Samples were from four ecological preserves that were recently burned. Burn history, burn severity, ecosystem types and geology were among the factors considered as samples were collected. Among their research findings, they report that chromium rich areas that burned for long durations had chromium 6 concentrations nearly seven times higher than unburned areas, elevated chromium 6 could persist months after a wildfire event, and chromium 6 is enriched in particles of surface soil and ash that can become airborne.

Given the timeline of research projects and funding for research proposals, it is not known if complementary studies are underway or how many research groups are looking into this research topic. Additional research is needed to better understand the risks and preventative measures communities and first responders can take to minimize exposure.

Considerations: The requirements of the workgroup include (i) establishing best practices and recommendations for wildfire-impacted communities and first responders to avoid exposure to heavy metals after a wildfire and (ii) study and consider ways that communities can minimize and prevent exposure to heavy metals from a wildfires. The exposure and risk that first responders have during a wildfire event differs from that of wildfire-impacted communities. First responders are the most exposed during a fire. The author may wish to consider revising the first requirement to reflect exposure of both groups. The language in the bill also requires the workgroup to (i) study and consider ways that communities can minimize or remediate the accumulation of heavy metals in the environment after a wildfire, including through bioremediation through vegetation, fungal, or bacterial treatments. The Department of Conservation as an additional workgroup member could be helpful. Additionally, the author may consider adjusting the report deadline to allow for additional time for agencies to gather data and report.

This bill: SB 1176 requires, upon appropriation, CalFire, Cal OES, and DTSC, 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, to form a workgroup related to exposure of toxic heavy metals after a wildfire. It also requires the workgroup to report their findings to the Legislature on or before January 1, 2026.

Arguments in support: According to the California Fire Chiefs Association and the Fire Districts Association of California:

"As wildfires continue to increase in frequency and intensity, the release of toxic substances such as chromium 6 has become a major public health concern. The recent findings by Stanford University, highlighting the transformation of natural soil elements into carcinogenic compounds during high-heat wildfires, underscores the urgent need for effective strategies to reduce these exposures.

SB 1176 proposes a collaborative approach by involving the Department of Forestry and Fire Protection, the Office of Emergency Services, and the Department of Toxic Substances Control. By forming a workgroup with the mandate to research and recommend effective mitigation techniques, this bill provides a crucial framework for safeguarding both human health and our ecosystems."

Arguments in opposition: None on file.

Double referral: This bill was double referred to Assembly Committee on Natural Resources and was heard on June 17, 2024. It passed committee with a vote of 10-0-1.

Related Legislation:

1. AB 102 (Ting, Chapter 38, Statutes of 2023). Appropriates $7 million from the General Fund to the University of California, in partnership with the State Department of Public Health and the FIRESCOPE Program Cancer Prevention Subcommittee, for the California Firefighter Cancer Prevention and Research Program.
2. AB 700 (Grayson, Chapter 268, Statutes of 2023). Establishes the California Firefighter Cancer Prevention and Research Program and requests the University of California (UC) to develop and administer a competitive grant program for UC campuses to conduct research related to understanding biomarkers of exposure to chemical carcinogens that are absorbed and metabolized by firefighters.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Professional Scientists
California Fire Chiefs Association
California Forestry Association
Fire Districts Association of California
Union of Concerned Scientists

Opposition

None on file.

Analysis Prepared by: Brenda Cisneros-Larios / E.S. & T.M. /

Date of Hearing: June 17, 2024

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Isaac G. Bryan, Chair

SBPCA Bill Id:SB 1176

Author:(Niello) – As Amended Ver:May 16, 2024

SENATE VOTE: 38-0

SUBJECT: Wildfires: workgroup: toxic heavy metals

SUMMARY: Requires, upon appropriation by the Legislature, the Department of Forestry and Fire Protection (CAL FIRE), the Office of Emergency Services (CalOES), and the Department of Toxic Substances Control (DTSC), in consultation with specified entities, to form a workgroup related to exposure of toxic heavy metals after a wildfire and report to the Legislature on or before January 1, 2026.

EXISTING LAW:

1. Establishes CAL FIRE within the California Natural Resources Agency, and establishes various programs for the prevention and suppression of wildfires at CAL FIRE, as provided. (Public Resources Code 701)
   
2. As part of the hazardous waste control laws, DTSC generally regulates the management and handling of hazardous waste and hazardous materials. (Health & Safety Code 25100 et seq.)
   
3. Establishes Cal OES within the Office of the Governor, under the California Emergency Services Act, for the purpose of mitigating the effects of natural, manmade, or war-caused emergencies. (Government Code 8550)

THIS BILL:

1. Requires, upon appropriation by the Legislature, CAL FIRE, CalOES, and DTSC, 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, to form a workgroup related to exposure of toxic heavy metals after a wildfire.
2. Requires the workgroup to do 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; and,
   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.
3. Authorizes DTSC to contract with public universities, research institutions, and other technical experts to support the work of the workgroup.
4. Requires, on or before January 1, 2026, CAL FIRE, CalOES, and DTSC to report their findings to the Legislature.
5. Requires the report to be submitted to the Legislature in compliance with Section 9795 of the Government Code.
6. Sunsets the reporting requirement on January 1, 2030.

FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in estimated one-time costs of approximately $7.5million (General Fund) to CAL FIRE to partner with an academic institution or non-governmental entity to conduct the research and develop the report. CAL FIRE anticipates this bill would require an equal, if not greater, impact due to the requirements to simultaneously study both the community impacts and firefighter exposure to toxic heavy metals. DTSC estimates one-time costs of about $1 million spread over fiscal years 2024-25 and 2025-26 to meet the requirements of this bill within the department’s jurisdiction. Additionally, this bill could result in unknown costs for CalOES and other specified entities to implement the provisions of this bill.

COMMENTS:

1. Author’s statement:

Between 2018 and 2021, California’s fire seasons were among the most destructive on record, with millions of acres burned, thousands of homes destroyed, and dozens of lives lost.

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. 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.

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. 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. Further research and mitigation strategies will better protect humans and ecosystems, including waterways and groundwater. SB 1176 will bring the right people together to help come up with these strategies helping to protect Californians.

1. Wildfires. Wildfires have been growing in size, duration, and destructivity over the past 20 years. Since 2005, wildfires have destroyed more than 97,000 structures. In fact, California is home to eight of the top 10 most destructive wildfires and has more than half of all United States structure losses. The Camp Fire of 2018 alone destroyed more than 18,800 structures in Butte County, making it the most destructive wildfire in California history.

The major components of wildfire emissions are particulate matter and gases, including carbon dioxide, carbon monoxide, nitrogen oxides, and volatile organic compounds (VOCs, such as formaldehyde and benzene). If fires reach the wildland-urban interface, other toxic chemicals are likely to be released from the burning of household or industrial materials, such as plastics, pesticides, and other hazardous waste. The California Air Resources Board (ARB) compared air quality data from the 2018 Camp Fire with three other large wildfires that burned mostly vegetation. ARB’s analysis showed that elevated levels of lead, zinc, iron, and manganese were located as far as 150 miles away.

DTSC’s Emergency Response Program oversees the cleanup of hazardous waste that is released after wildfires burn residential and commercial properties. DTSC is mission tasked by CalOES to begin assessing fire-impacted properties and remove harmful household hazardous wastes and bulk asbestos that threaten public health and the environment.

1. Toxic wake of wildfires. In nature, chromium mostly occurs in a form known as trivalent chromium or chromium 3, an essential nutrient that bodies use to break down glucose. Chromium 6 most often results from industrial processes. High levels of chromium 6 historically have entered the environment from industrial runoff and wastewater.

Scientists believe the heat of severe wildfires can transform the benign version of hexavalent chromium (chromium 3) which is found commonly in California soil, into chromium 6, which increases cancer risk when inhaled or ingested via contaminated drinking water, according to research published last December in the journal Nature Communications. 

Chromium 6 is a metallic element which generally occurs in small quantities associated with other metals, particularly iron. Chromium is used to harden steel, in the manufacture of stainless steel, and in the production of a number of industrially alloys which are used in making of pigments, in leather tanning for welding and plating produces. The metal is present in the atmosphere in particulate form and is naturally found in crustal rock (basalts and serpentine) and soil.

Chromium 6 is identified as a known carcinogen on the Proposition 65 list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, and there is substantial evidence that chromium 6 can damage DNA. The California Air Resources Board this year passed a rule to phase out chromium 6 at industrial facilities, noting that there was “no known safe level of exposure.”

Researchers visited the sites of wildfires in California’s North Coast Range, including the 2019 Kincade Fire and the Hennessey Fire in 2020, to look for hexavalent chromium. Soil sampling resulted in finding “dangerous” levels of hexavalent chromium levels at sites where wildfires burned intensely in chaparral shrubs growing in areas that had serpentine soils relatively rich with metal. In addition to the soil findings, the researchers believe hexavalent chromium can travel in wildfire smoke, blown as dust after a fire is out and persist for months afterward.

More research is needed to better understand the risk. 

1. This bill. SB 1176 would require, upon appropriation, CAL FIRE, CalOES, and DTSC, 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, to form a workgroup related to exposure of toxic heavy metals after a wildfire.

Further research into wildfire-related toxic chromium exposure could help inform public health guidance, such as recommendations to wear an N95 mask when visiting a burn site; lead to additional protections for fire fighters; inform how to protect surface and groundwater from polluted runoff; and, other protections for which we may be unaware.

1. Double referral. This bill is also referred to the Assembly Environmental Safety & Toxic Materials Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Professional Scientists
California Forestry Association
Humboldt Redwood Company LLC
Union of Concerned Scientists

Opposition

None on file

Analysis Prepared by: Paige Brokaw / NAT. RES. /

 THIRD READING  

Bill No: SB 1176

Author: Niello (R)

Amended: 5/16/24

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 11-0, 4/9/24

AYES: Min, Seyarto, Allen, Dahle, Eggman, Grove, Hurtado, Laird, Limón, Padilla, Stern

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/24/24

AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SUBJECT: Wildfires: workgroup: toxic heavy metals

SOURCE: Author

DIGEST:

This bill directs the Department of Forestry and Fire Prevention (CalFire), the Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) to form a workgroup to related to exposure of toxic heavy metals after a wildfire.

ANALYSIS:

Existing law:

1. Establishes CalFire in the California Natural Resources Agency (CNRA) under the control of the CalFire director. CalFire is responsible for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies. (Public Resources Code §701 and §713, respectively.)
2. Establishes OES within the Governor’s Office under the supervision of the Director of Emergency Services. OES is responsible for the state’s emergency and disaster response services for natural, technological, or man-made disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. (Government Code §8585.)
   1. Directs OES to establish and administer the FIRESCOPE Program, in cooperation with CalFire, including the Office of the State Fire Marshal, to maintain and enhance the efficiency and effectiveness of managing multiagency firefighting resources in responding to an incident. (Health and Safety Code (HSC) §§13070 et seq.)
3. Creates, through the Governor’s Reorganization Plan No. 1 of 1991, the DTSC in the California Environmental Protection Agency and transferred to DTSC the toxic substances control program from the State Department of Health Services. DTSC regulates the handling, management, and remediation of hazardous substances, materials, and waste. (HSC §§25100 et seq.)

This bill:

1. Directs, upon appropriation by the Legislature, the CalFire, OES, and DTSC, in consultation with specified entities with relevant expertise or experience, to form a workgroup related to exposure of toxic heavy metals after a wildfire.
2. Directs the workgroup to:
   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.
3. Authorizes CalFire to contract with public universities, research institutions, and other technical experts to support the work of the workgroup.
4. Directs CalFire, OES, and DTSC, by January 1, 2026, to report their findings to the Legislature, as specified.
5. Makes a series of findings and declarations, including:
   1. A recent Stanford University study showed that unmanaged wildfires can release toxic metal particles, like hexavalent chromium, or chromium 6.
   2. The need for more research and study to better understand how to limit high-heat fires and that further research and mitigation strategies will better protect humans and ecosystems, including waterways and groundwater.

Background

Chromium 3 and 6. In nature, chromium most commonly occurs in a form known as trivalent chromium, or chromium 3, an essential nutrient that the human body uses to break down glucose. Hexavalent chromium, or chromium 6, the same toxin made famous by the 2000 film Erin Brockovich, occurs naturally in rocks, and may enter groundwater by the weathering of rocks or from industrial contamination. High levels of chromium 6 historically have entered the environment from industrial runoff and wastewater.

Chromium 6 is the most toxic form of the metal chromium. It can be inhaled when it occurs as an air contaminant and ingested when it is present in drinking water or via contact with soil or dust containing the contaminant. Chromium 6 compounds are on California’s Proposition 65 list because they can cause cancer, birth defects, or other reproductive harm. In particular, exposure to chromium 6 compounds can increase the risk of lung cancer, may cause cancers of the nose and nasal sinuses, may affect child development, and may harm male and female reproductive systems.

A rulemaking is in progress at the State Water Resources Control Board to establish a maximum contaminant level (MCL) for hexavalent chromium. MCLs are health protective drinking water standards to be met by public water systems. MCLs take into account not only chemicals' health risks but also factors such as their detectability and treatability, as well as costs of treatment.

Catastrophic wildfires and chromium 6. Catastrophic wildfires are known to threaten public health through smoke and dust inhalation. In particular, wildfire smoke plumes can carry dangerous air pollutants long distances, including certain gases, organic aerosols, and fine particulate matter, which can trigger asthma attacks, heart attacks, and early death. Under-recognized, however, are the health threats arising from fire-altered toxic metals found in soils and plants in California.

A study from Stanford University published in Nature Communications in 2023 entitled, “Metal toxin threat in wildland fires determined by geology and fire severity” suggests that wildfires can transform chromium 3 into cancer-causing and readily airborne chromium 6. In particular, the study found that, in naturally occurring chromium-rich areas in California where wildfires burned at high heat for long durations, toxic chromium concentrations tested approximately seven times higher than unburned areas. Further, relatively dry post-fire weather contributed to the persistence of elevated levels of chromium 6 in surficial soil layers for up to 10 months post-fire, suggesting that significant amounts of chromium 6 could become airborne.

In terms of exposure risks, fire-induced toxic chromium would initially be encountered by first responders and people living near the conflagrations. Even after fires end, local communities downwind could be exposed because strong winds could carry fine particles of chromium-6-laced soil. Further, exposure risks would loom for people working to revegetate or rebuild burned areas, as well as recreationists checking out burn scars. The study identified the need for additional research to understand potential threats to ecosystems and public health if fire-induced chromium 6 moves into waterways or groundwater.

CalFire’s Safety Program. This program exists to provide CalFire employees with a practical resource for implementing and enhancing safe policies and procedures in the workplace. The goal of this program is to reflect, assess, and enhance the risk management efforts in support of the Department.

The Safety Program works in conjunction with other CalFire program areas to develop, maintain, and ensure compliance with the CalFire Injury and Illness Prevention Program (IIPP) and California Code of Regulations, Title 8 Safety Orders published by the Division of Occupational Safety and Health (Cal/OSHA). The Safety Program’s staff serve as subject matter experts for multiple Cal/OSHA Technical Advisory Committees and Cal/OSHA research projects, assisting with the development of safety orders for employers to implement.

The Safety Program is responsible for participation in various research projects that relate to firefighter health and safety. Some of these projects include research into carbon monoxide and carbon dioxide exposure, heart rate, core body temperature, heat exposure, respiration rate, dehydration, respiratory protection for wildland and WUI incidents, dermal exposures, and effective decontamination of personal protective clothing and equipment (PPE).

FIRESCOPE Program. OES, CalFire, and the Office of the State Fire Marshall jointly administer this program to maintain and enhance the efficiency and effectiveness of managing multiagency firefighting resources in responding to an incident. In August 2022, FIRESCOPE established the Cancer Prevention Subcommittee to develop and promote best practices for fire service members to optimize healthy workplace standards.

Cancer and Firefighters. According to the federal Centers for Disease Control and Prevention, cancer is a leading cause of death among firefighters, and research suggests firefighters are at higher risk of certain types of cancers when compared to the general population. Firefighting settings are complex and contain various hazardous substances. Firefighters can be exposed to hundreds of different chemicals in the form of gases, vapors, and particulates. Some of these chemical substances are known or suspected to cause cancer. Some of these hazardous substances are byproducts of combustion or burning, such as benzene and formaldehyde. Others come from the materials burning or in the fire debris, such as asbestos from older structures.

International Agency for Research on Cancer (IARC) study. In 2022, the IARC, the cancer agency of the World Health Organization, after its evaluation of the carcinogenicity of occupational exposure as a firefighter, classified occupational exposure as a firefighter as carcinogenic to humans (Group 1), on the basis of sufficient evidence for cancer in humans. The evaluation was published in the Lancet and indicated there was sufficient evidence in humans for mesothelioma and bladder cancer. There was limited evidence for colon, prostate, and testicular cancers, and for melanoma, and non-Hodgkin lymphoma. Firefighters can be exposed to combustion products from fires, building materials (asbestos), chemicals in firefighting foams, flame retardants, diesel exhaust, and other hazards. Uptake of fire effluents or other chemicals can occur through inhalation and dermal absorption and possibly via ingestion.

Household hazardous waste removal. DTSC’s Emergency Response Program oversees the cleanup of hazardous waste that is released after wildfires ravage residential and commercial properties. To reduce public and recovery workers’ toxic exposure, once the flames are extinguished, DTSC is mission tasked by CalOES to assess fire-impacted properties and remove visible household hazardous waste and bulk asbestos from burned properties (known as Phase I). According to DTSC, crews follow strict health and safety protocols to protect themselves and the community from dangerous ash and debris.

Debris removal. After Phase 1, the Department of Resources Recycling and Recovery implements the Consolidated Debris Removal Program (Phase 2). This comprehensive program includes asbestos assessment and removal, debris removal, and soil testing and contaminated soil removal. Because toxins like arsenic, lead, mercury, and chlorine seep into the top soil after a fire, it is standard for crews to remove concrete foundations and the top 3-6 inches of soil. Next, the soil is tested to ensure properties are safe for families, children, and pets to occupy and protective of groundwater, wildlife, and air quality.

Comments

Need for the bill. Given the increase in high severity wildfires in California and new research from Stanford that suggests a resultant increase in toxic chromium 6 in burned soils, there is merit in bringing together CalFire, OES, and DTSC to better understand and consider ways to avoid, mitigate, and prevent exposures to this toxic compound for first responders and communities and to study ways to remediate the accumulation of heavy metals in the environment after a wildfire. For example, possible outcomes from this workgroup could include a recommendation to use an N95 mask when chromium 6 in the soil after a fire may become aerosolized. Further, the required report would also give the Legislature an opportunity to review and respond to these risks through legislative or budget action.

Connection to the FIRESCOPE Program Cancer Prevention Subcommittee. Two of the agencies impacted by this bill – CalFire and OES – jointly administer the FIRESCOPE Program referenced in the Background and Existing Law section of this analysis. The program operates a Cancer Prevention Subcommittee to develop and promote best practices for fire service members to optimize healthy workplace standards. This subcommittee is similar in concept to the workgroup proposed by this bill. The workgroup proposed by this bill, however, has a broader focus that includes exposures and impacts to communities impacted by wildfire, in addition to first responders, like firefighters. The subcommittee specifically targets fire service members. That said, should the bill move forward, the author may wish to consider expanding the FIRESCOPE Program to include this work.

Related/Prior Legislation

AB 102 (Ting, Chapter 38, Statutes of 2023) appropriated $7 million from the General Fund to the University of California, in partnership with the State Department of Public Health and the FIRESCOPE Program Cancer Prevention Subcommittee, for the California Firefighter Cancer Prevention and Research Program.

AB 700 (Grayson, Chapter 268, Statutes of 2023) established the California Firefighter Cancer Prevention and Research Program. The bill requests the University of California to develop a research grant program to understand firefighter exposures to chemical carcinogens and the processes that could ultimately lead to a cancer diagnosis.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• CalFire estimates one-time costs of approximately $7.5 million (General Fund) to partner with an academic institution or non-governmental entity to conduct the research and develop the report as required by SB 1176. According to CalFire, this estimate is based on current and past singular-topic focused research that has cost $7.5 million for support of research objectives. CalFire anticipates this bill would require an equal, if not greater, impact due to the requirements to simultaneously study both the community impacts and firefighter exposure to toxic heavy metals.
• DTSC estimates one-time costs of about $1 million spread over fiscal years 2024-25 and 2025-26 to meet the requirements of this bill within the department’s jurisdiction.
• Unknown costs for CalOES and other specified entities to implement the provisions of this bill.

SUPPORT: (Verified 5/16/24)

California Association of Professional Scientists

California Fire Chiefs Association

California Forestry Association

Fire Districts Association of California

Humboldt Redwood Company

Mendocino Redwood Company

Union of Concerned Scientists

OPPOSITION: (Verified 5/16/24)

None received

ARGUMENTS IN SUPPORT: According to the author, “Between 2018 and 2021, California’s fire seasons were among the most destructive on record, with millions of acres burned, thousands of homes destroyed, and dozens of lives lost. 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.

“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. 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.

“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. 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. Further research and mitigation strategies will better protect humans and ecosystems, including waterways and groundwater.”

Prepared by: Catherine Baxter / N.R. & W. / (916) 651-4116

5/18/24 18:25:01

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1176 (Niello) - Wildfires: workgroup: toxic heavy metals

Bill Summary:

This bill would require the Department of Forestry and Fire Protection (CalFire), the Office of Emergency Services (CalOES), and the Department of Toxic Substances Control (DTSC), in consultation with specified entities, to form a workgroup related to exposure of toxic heavy metals after a wildfire.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2024

Fiscal Impact:

• CalFire estimates one-time costs of approximately $7.5million (General Fund) to partner with an academic institution or non-governmental entity to conduct the research and develop the report as required by SB 1176. According to CalFire, this estimate is based on current and past singular-topic focused research that has cost $7.5 million for support of research objectives. CalFire anticipates this bill would require an equal, if not greater, impact due to the requirements to simultaneously study both the community impacts and firefighter exposure to toxic heavy metals.
• DTSC estimates one-time costs of about $1 million spread over fiscal years 2024-25 and 2025-26 to meet the requirements of this bill within the department’s jurisdiction.
• Unknown costs for CalOES and other specified entities to implement the provisions of this bill.

Committee Amendments:

These amendments would make the bill contingent upon an appropriation. They would also authorize CalFire to contract with public universities, research institutions, and other technical experts to study potential mitigation measures, including bioremediation, and to support of the workgroup.

-- END --

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1176 (Niello) - Wildfires: workgroup: toxic heavy metals

Bill Summary:

This bill would require the Department of Forestry and Fire Protection (CalFire), the Office of Emergency Services (CalOES), and the Department of Toxic Substances Control (DTSC), in consultation with specified entities, to form a workgroup related to exposure of toxic heavy metals after a wildfire.

Fiscal Impact:

• CalFire estimates one-time costs of approximately $7.5million (General Fund) to partner with an academic institution or non-governmental entity to conduct the research and develop the report as required by SB 1176. According to CalFire, this estimate is based on current and past singular-topic focused research that has cost $7.5 million for support of research objectives. CalFire anticipates this bill would require an equal, if not greater, impact due to the requirements to simultaneously study both the community impacts and firefighter exposure to toxic heavy metals.
• DTSC estimates one-time costs of about $1 million spread over fiscal years 2024-25 and 2025-26 to meet the requirements of this bill within the department’s jurisdiction.
• Unknown costs for CalOES and other specified entities to implement the provisions of this bill.

Background:

While wildland fires have always been present in the state, the number of days with extreme fire risk has more than doubled in the last 40 years. This is likely to continue to increase. One of the impacts of climate change in the state is an increase in the frequency and intensity of wildfires. In forested regions, decades of fire suppression, historic logging practices and drought have produced unhealthy forests -- in some forests, the current tree density is up to an order of magnitude greater than the density a century ago. These conditions exacerbate the risk of an extreme wildfire developing when a fire occurs.

Catastrophic and devastating wildfires have occurred repeatedly in the state in recent years. Nine of the twenty largest and seven of the twenty most destructive wildland fires in state history occurred in 2020 and 2021 when almost 7 million total acres burned. The 2020 August Complex Fire in northern California – the largest fire in California’s modern history – burned over 1 million acres by itself, and the 2021 Dixie Fire was almost 1 million acres. Two wildland fires in recent years burned over the crest of the Sierras, which had not been previously observed. In the last several years from wildland fire, tens of thousands of structures – almost entirely homes – have been destroyed, insured losses incurred are in the billions of dollars, prime habitat has been destroyed or damaged, and, tragically, hundreds of lives have been lost. In addition, millions of Californians have been exposed to unhealthy air quality due to the wildfires. Improving the health and resiliency of the state’s wildlands and forests to wildland fire are important to protecting public and environmental health and safety.

CalFire’s Safety Program. CalFire’s Safety Program exists to provide the Department’s employees with a practical resource for implementing and enhancing safe policies and procedures in the workplace. The goal of the Safety Program is to reflect, assess, and enhance the risk management efforts in support of the Department.

The Safety Program works in conjunction with other CalFire program areas to develop, maintain, and ensure compliance with the CalFire Injury and Illness Prevention Program (IIPP) and California Code of Regulations, Title 8 Safety Orders published by Cal/OSHA. The Safety Program’s staff serve as subject matter experts for multiple Cal/OSHA Technical Advisory Committees and Cal/OSHA research projects, assisting with the development of safety orders for employers to implement.

The Safety Program is responsible for participation in various research projects that relate to firefighter health and safety. Some of these projects include research into carbon monoxide and carbon dioxide exposure, heart rate, core body temperature, heat exposure, respiration rate, dehydration, respiratory protection for wildland and WUI incidents, dermal exposures, and effective decontamination of personal protective clothing and equipment (PPE).

Cancer and Firefighters. According to the federal Centers for Disease Control and Prevention, cancer is a leading cause of death among firefighters, and research suggests firefighters are at higher risk of certain types of cancers when compared to the general population. Firefighting settings are complex and contain various hazardous substances. Firefighters can be exposed to hundreds of different chemicals in the form of gases, vapors, and particulates. Some of these chemical substances are known or suspected to cause cancer. Some of these hazardous substances are byproducts of combustion or burning, such as benzene and formaldehyde. Others come from the materials burning or in the fire debris, such as asbestos from older structures.

International Agency for Research on Cancer (IARC) study. In 2022, the IARC, the cancer agency of the World Health Organization, after its evaluation of the carcinogenicity of occupational exposure as a firefighter, classified occupational exposure as a firefighter as carcinogenic to humans (Group 1), on the basis of sufficient evidence for cancer in humans. The evaluation was published in the Lancet and indicated: there was sufficient evidence in humans for mesothelioma and bladder cancer. There was limited evidence for colon, prostate, and testicular cancers, and for melanoma, and non-Hodgkin lymphoma. Firefighters can be exposed to combustion products from fires, building materials (asbestos), chemicals in firefighting foams, flame retardants, diesel exhaust, and other hazards. Uptake of fire effluents or other chemicals can occur through inhalation and dermal absorption and possibly via ingestion.

Household Hazardous Waste Removal. DTSC’s Emergency Response Program oversees the cleanup of hazardous waste that is released after wildfires ravage residential and commercial properties. To reduce public and recovery workers’ toxic exposure, once the flames are extinguished, DTSC is mission tasked by CalOES to assess fire-impacted properties and remove of visible household hazardous waste (HHW) and bulk asbestos from burned properties (known as Phase I). According to the department, crews follow strict health and safety protocols to protect themselves and the community from dangerous ash and debris.

Debris Removal. After Phase 1 completion, CalRecycle implements the Consolidated Debris Removal Program (Phase 2). This comprehensive program includes: asbestos assessment and removal; debris removal; and soil testing and contaminated soil removal. Because, toxins like arsenic, lead, mercury, and chlorine seep into the top soil after a fire, it is standard for crews to remove concrete foundations and the top 3-6 inches of soil. Next, the soil is tested to ensure properties are safe for families, children, and pets to occupy and protective of groundwater, wildlife, and air quality.

Hexavalent chromium regulation at the State Water Board. Hexavalent chromium is a heavy metal that has been used in industrial applications and found naturally occurring throughout the environment. While chromium can exist in a nontoxic, trivalent form (chromium-3), the hexavalent form (chromium-6) has been shown to be carcinogenic and toxic to the liver. Hexavalent chromium is among the chemicals known to the state to cause cancer, pursuant to California's Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65").

A rulemaking is in progress at the State Water Board to establish a maximum contaminant level (MCL) for hexavalent chromium. MCLs are health protective drinking water standards to be met by public water systems. MCLs take into account not only chemicals' health risks but also factors such as their detectability and treatability, as well as costs of treatment.

Stanford University study shows wildfires can unlock toxic metal particles from soils. Wildfires can transform a benign metal in soils and plants into toxic particles that easily become airborne, according to a new study from Stanford University. Published on December 12, 2023, in Nature Communications, the research documents high levels of a hazardous form of the metal chromium at wildfire sites with chromium-rich soils and certain kinds of vegetation compared to adjacent unburned sites.

The study revealed that high temperatures during California wildfires catalyzed widespread transformation of chromium to its carcinogenic form in soil and ash, as hexavalent chromium, particularly in areas with metal-rich geologies, the study found. In wildfire ash, dangerous levels of hexavalent chromium were observed in wind-dispersible particulates. Relatively dry post-fire weather contributed to the persistence of elevated hexavalent chromium in surficial soil layers for up to ten months post-fire. The geographic distribution of metal-rich soils and fire incidents illustrate the broad global threat of wildfire smoke- and dust-born metals to populations. These findings provide new insights into why wildfire smoke exposure appears to be more hazardous to humans than pollution from other sources.

Proposed Law:

This bill would require CalFire, CalOES, and DTSC, in consultation with specified entities, to form a workgroup related to exposure of toxic heavy metals after a wildfire. Specifically, this bill would:

1. Requires CalFire, CalOES, and DTSC, 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, to form a workgroup related to exposure of toxic heavy metals after a wildfire.
   
2. Requires the workgroup to do establish best practices and recommendations for wildfire-impacted communities and first responders to avoid exposure to heavy metals after a wildfire and study and consider ways that communities can mitigate and prevent exposure to heavy metals from a wildfire.
   
3. Requires CalFire, CalOES, and DTSC to report their findings to the Legislature on or before January 1, 2026.

Related Legislation:

AB 700 (Grayson, Chapter 268, Statutes of 2023) establishes the California Firefighter Cancer Prevention and Research Program and requests the University of California (UC) to develop and administer a competitive grant program for UC campuses to conduct research related to understanding biomarkers of exposure to chemical carcinogens that are absorbed and metabolized by firefighters.

Staff Comments:

DTSC notes that if the author intends that DTSC take on responsibility beyond its current scope of work in post-wildfire management, then DTSC expects that this would be resource intensive and increase the original cost estimate substantially. SB 1176 would require the working group to assess ash, debris, and water contamination from wildfire events, which would lie outside of DTSC’s jurisdiction. For example, DTSC’s role, to date, for post-wildfire response is removal of household hazardous waste. The Department of Resources Recycling and Recovery manages ash and debris remaining at a post-wildfire site and the State Water Resources Control Board’s Regional Waterboards addresses contamination in water systems impacted by wildfire. Assuming greater responsibility would mean that DTSC would need to redirect staff who are responsible for emergency response activity, which, according to the department, is not feasible and against its mission to prioritize human health and safety.

Additionally, DTSC did not estimate the cost to the department beyond FY 2025-26 because it is unclear what DTSC’s role or responsibilities may be between the submission of the report and the date at which these provisions become inoperative.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2023 - 2024 Regular

Bill No: SB 1176

SUBJECT: Wildfires: workgroup: toxic heavy metals

DIGEST: This bill would require the Department of Forestry and Fire Protection (CAL FIRE), the Office of Emergency Services (Cal OES), and the Department of Toxic Substances Control (DTSC), in consultation with specified entities, to form a workgroup related to exposure of toxic heavy metals after a wildfire.

ANALYSIS:

Existing law:

1. Establishes CAL FIRE within the California Natural Resources Agency, and establishes various programs for the prevention and suppression of wildfires at CAL FIRE, as provided. (Public Resources Code §701)
   
2. As part of the hazardous waste control laws, DTSC generally regulates the management and handling of hazardous waste and hazardous materials. (Health & Safety Code (HSC) §§25100 et seq.)
   
3. Under the California Emergency Services Act, establishes Cal OES within the Office of the Governor for the purpose of mitigating the effects of natural, manmade, or war-caused emergencies. (GOV §8550)

This bill:

1. Requires CAL FIRE, Cal OES, and DTSC, 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, to form a workgroup related to exposure of toxic heavy metals after a wildfire.
   
2. Requires the workgroup to do establish best practices and recommendations for wildfire-impacted communities and first responders to avoid exposure to heavy metals after a wildfire and study and consider ways that communities can mitigate and prevent exposure to heavy metals from a wildfire.
   
3. Requires CAL FIRE, Cal OES, and DTSC to report their findings to the Legislature on or before January 1, 2026.

Background

1. Fire in California. While wildland fires have always been present in the state, the number of days with extreme fire risk has more than doubled in the last 40 years. This is likely to continue to increase. One of the impacts of climate change in the state is an increase in the frequency and intensity of wildfires. In forested regions, decades of fire suppression, historic logging practices and drought have produced unhealthy forests -- in some forests, the current tree density is up to an order of magnitude greater than the density a century ago. These conditions exacerbate the risk of an extreme wildfire developing when a fire occurs.

Catastrophic and devastating wildfires have occurred repeatedly in the state in recent years. Nine of the twenty largest and seven of the twenty most destructive wildland fires in state history occurred in 2020 and 2021 when almost 7 million total acres burned. The 2020 August Complex Fire in northern California – the largest fire in California’s modern history – burned over 1 million acres by itself, and the 2021 Dixie Fire was almost 1 million acres. Two wildland fires in recent years burned over the crest of the Sierras, which had not been previously observed. In the last several years from wildland fire, tens of thousands of structures – almost entirely homes – have been destroyed, insured losses incurred are in the billions of dollars, prime habitat has been destroyed or damaged, and, tragically, hundreds of lives have been lost. In addition, millions of Californians have been exposed to unhealthy air quality due to the wildfires. Improving the health and resiliency of the state’s wildlands and forests to wildland fire are important to protecting public and environmental health and safety.

1. Cancer and Firefighters. According to the federal Centers for Disease Control and Prevention, cancer is a leading cause of death among firefighters, and research suggests firefighters are at higher risk of certain types of cancers when compared to the general population. Firefighting settings are complex and contain various hazardous substances. Firefighters can be exposed to hundreds of different chemicals in the form of gases, vapors, and particulates. Some of these chemical substances are known or suspected to cause cancer. Some of these hazardous substances are byproducts of combustion or burning, such as benzene and formaldehyde. Others come from the materials burning or in the fire debris, such as asbestos from older structures.
2. International Agency for Research on Cancer (IARC) study. In 2022, the IARC, the cancer agency of the World Health Organization, after its evaluation of the carcinogenicity of occupational exposure as a firefighter, classified occupational exposure as a firefighter as carcinogenic to humans (Group 1), on the basis of sufficient evidence for cancer in humans. The evaluation was published in the Lancet and indicated: there was sufficient evidence in humans for mesothelioma and bladder cancer. There was limited evidence for colon, prostate, and testicular cancers, and for melanoma, and non-Hodgkin lymphoma. Firefighters can be exposed to combustion products from fires, building materials (asbestos), chemicals in firefighting foams, flame retardants, diesel exhaust, and other hazards. Uptake of fire effluents or other chemicals can occur through inhalation and dermal absorption and possibly via ingestion.
   
3. Household Hazardous Waste Removal. DTSC’s Emergency Response Program oversees the cleanup of hazardous waste that is released after wildfires ravage residential and commercial properties. To reduce public and recovery workers’ toxic exposure, once the flames are extinguished, DTSC is mission tasked by Cal OES to assess fire-impacted properties and remove of visible household hazardous waste (HHW) and bulk asbestos from burned properties (known as Phase I). According to the department, crews follow strict health and safety protocols to protect themselves and the community from dangerous ash and debris.
   
4. Debris Removal. After Phase 1 completion, CalRecycle implements the Consolidated Debris Removal Program (Phase 2). This comprehensive program includes: asbestos assessment and removal; debris removal; and soil testing and contaminated soil removal. Because, toxins like arsenic, lead, mercury, and chlorine seep into the top soil after a fire, it is standard for crews to remove concrete foundations and the top 3-6 inches of soil. Next, the soil is tested to ensure properties are safe for families, children, and pets to occupy and protective of groundwater, wildlife, and air quality.
   
5. Hexavalent chromium regulation at the State Water Board. Hexavalent chromium is a heavy metal that has been used in industrial applications and found naturally occurring throughout the environment. While chromium can exist in a nontoxic, trivalent form (chromium-3), the hexavalent form (chromium-6) has been shown to be carcinogenic and toxic to the liver. Hexavalent chromium is among the chemicals known to the state to cause cancer, pursuant to California's Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65").
   
   A rulemaking is in progress at the State Water Board to establish a maximum contaminant level (MCL) for hexavalent chromium. MCLs are health protective drinking water standards to be met by public water systems. MCLs take into account not only chemicals' health risks but also factors such as their detectability and treatability, as well as costs of treatment.
   
6. Stanford University study shows wildfires can unlock toxic metal particles from soils. Wildfires can transform a benign metal in soils and plants into toxic particles that easily become airborne, according to a new study from Stanford University. Published on December 12, 2023, in Nature Communications, the research documents high levels of a hazardous form of the metal chromium at wildfire sites with chromium-rich soils and certain kinds of vegetation compared to adjacent unburned sites.
   

The study revealed that high temperatures during California wildfires catalyzed widespread transformation of chromium to its carcinogenic form in soil and ash, as hexavalent chromium, particularly in areas with metal-rich geologies, the study found. In wildfire ash, dangerous levels of hexavalent chromium were observed in wind-dispersible particulates. Relatively dry post-fire weather contributed to the persistence of elevated hexavalent chromium in surficial soil layers for up to ten months post-fire. The geographic distribution of metal-rich soils and fire incidents illustrate the broad global threat of wildfire smoke- and dust-born metals to populations. These findings provide new insights into why wildfire smoke exposure appears to be more hazardous to humans than pollution from other sources.

Comments

1. Purpose of Bill. According to the author, “Between 2018 and 2021, California’s fire seasons were among the most destructive on record, with millions of acres burned, thousands of homes destroyed, and dozens of lives lost. 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.
   

“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. 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.

“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. 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. Further research and mitigation strategies will better protect humans and ecosystems, including waterways and groundwater. SB 1176 will bring the right people together to help come up with these strategies helping to protect Californians.”

1. This bill is double-referred. This bill is referred to both this Committee and the Senate Natural Resources and Water Committee. Elements of the bill under the Senate Natural Resources and Water Committee’s jurisdiction will be discussed before that Committee and are included here for context and completeness only.
   
2. More research is needed. The new data revealed in the Stanford University study showing that wildfires can transform benign chromium-3 into toxic hexavalent chromium particles that easily become airborne wildfire ash is concerning. With wildfires expected to become more frequent and severe due to climate change, the health risks to first responders, communities downwind, and people working to revegetate or rebuild burned areas posed to by these toxic airborne particles need to be better understood.
   
   A new assessment of firefighter health and exposure to metal-containing dusts is underway. Researchers are working to develop geospatial tools for predicting threats of hexavalent chromium generation and downstream exposure. These tools could eventually help researchers develop better ways to limit exposure to hexavalent chromium and other overlooked metallic pollutants.

SB 1176 would require CAL FIRE, Cal OES, and DTSC to form a workgroup in consultation with academic and research institutions to establish best practices and make recommendations for wildfire-impacted communities and first responders to avoid exposure to heavy metals after a wildfire. This approach is consistent with the Stanford University study findings and could spur additional research needed to understand potential threats to ecosystems and human health if fire-induced chromium-6 is washing into waterways or groundwater.

DOUBLE REFERRAL:

This measure was heard in Senate Natural Resources and Water Committee on April 9, 2024, and passed out of committee with a vote of 11-0.

Related/Prior Legislation

AB 700 (Grayson, Chapter 268, Statutes of 2023) establishes the California Firefighter Cancer Prevention and Research Program and requests the University of California (UC) to develop and administer a competitive grant program for UC campuses to conduct research related to understanding biomarkers of exposure to chemical carcinogens that are absorbed and metabolized by firefighters.

SOURCE:

Author

SUPPORT:

California Forestry Association

Humboldt Redwood Company LLC
Union of Concerned Scientists

OPPOSITION:

None received

ARGUMENTS IN SUPPORT:

According to the Union of Concerned Scientists (UCS), “As California’s wildfire seasons become more extreme, frequent, and unpredictable, there is an increased risk to firefighters, disaster response workers, and California residents of chromium 6 exposure. As noted by UCS scientist Kristina Dahl, fossil fuel emissions have a significant impact in increasing wildfires. Holding fossil fuel companies accountable is important but in order to fully mitigate the impacts from wildfires, we must first fully understand them.

The need for more information on how we can mitigate chromium 6 exposure is urgent. SB 1176 addresses this crucial need and provides a clear mechanism for the development of solutions with the cooperation of the Department of Forestry and Fire Protection, the Office of Emergency Services, and the Department of Toxic Substances Control on or before January 1, 2026. Because of these reasons, our organization is pleased to support SB 1176 and urge your aye vote.

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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: SB 1176 Hearing Date: April 9, 2024

Subject: Wildfires: workgroup: toxic heavy metals

SUMMARY

This bill would direct the Department of Forestry and Fire Prevention (CalFire), the Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) to form a workgroup to establish best practices and recommendations, and study and consider ways to prevent, avoid, and mitigate exposure to heavy metals after a wildfire.

BACKGROUND AND EXISTING LAW

Background:

Chromium 3 and 6. In nature, chromium most commonly occurs in a form known as trivalent chromium, or chromium 3, an essential nutrient that the human body uses to break down glucose. Hexavalent chromium, or chromium 6, the same toxin made famous by the 2000 film Erin Brockovich, occurs naturally in rocks, and may enter groundwater by the weathering of rocks or from industrial contamination. High levels of chromium 6 historically have entered the environment from industrial runoff and wastewater.

Chromium 6 is the most toxic form of the metal chromium. It can be inhaled when it occurs as an air contaminant and ingested when it is present in drinking water or via contact with soil or dust containing the contaminant. Chromium 6 compounds are on California’s Proposition 65 list because they can cause cancer, birth defects, or other reproductive harm. In particular, exposure to chromium 6 compounds can increase the risk of lung cancer, may cause cancers of the nose and nasal sinuses, may affect child development, and may harm male and female reproductive systems.

Catastrophic wildfires and chromium 6. Catastrophic wildfires are known to threaten public health through smoke and dust inhalation. In particular, wildfire smoke plumes can carry dangerous air pollutants long distances, including certain gases, organic aerosols, and fine particulate matter, which can trigger asthma attacks, heart attacks, and early death. Under-recognized, however, are the health threats arising from fire-altered toxic metals found in soils and plants in California.

A study from Stanford University published in Nature Communications in 2023 entitled, “Metal toxin threat in wildland fires determined by geology and fire severity” suggests that wildfires can transform chromium 3 into cancer-causing and readily airborne chromium 6. In particular, the study found that, in naturally occurring chromium-rich areas in California where wildfires burned at high heat for long durations, toxic chromium concentrations tested approximately seven times higher than unburned areas. Further, relatively dry post-fire weather contributed to the persistence of elevated levels of chromium 6 in surficial soil layers for up to 10 months post-fire, suggesting that significant amounts of chromium 6 could become airborne.

In terms of exposure risks, fire-induced toxic chromium would initially be encountered by first responders and people living near the conflagrations. Even after fires end, local communities downwind could be exposed because strong winds could carry fine particles of chromium-6-laced soil. Further, exposure risks would loom for people working to revegetate or rebuild burned areas, as well as recreationists checking out burn scars. The study identified the need for additional research to understand potential threats to ecosystems and public health if fire-induced chromium 6 moves into waterways or groundwater.

FIRESCOPE Program. OES, CalFire, and the Office of the State Fire Marshall jointly administer this program to maintain and enhance the efficiency and effectiveness of managing multiagency firefighting resources in responding to an incident. In August 2022, FIRESCOPE established the Cancer Prevention Subcommittee to develop and promote best practices for fire service members to optimize healthy workplace standards.

Existing law:

1. Establishes CalFire in the California Natural Resources Agency (CNRA) under the control of the CalFire director. CalFire is responsible for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies. Public Resources Code §701 and §713, respectively.
2. Establishes OES within the Governor’s Office under the supervision of the Director of Emergency Services. OES is responsible for the state’s emergency and disaster response services for natural, technological, or man-made disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Government Code §8585.
   1. Directs OES to establish and administer the FIRESCOPE Program, in cooperation with CalFire, including the Office of the State Fire Marshal, to maintain and enhance the efficiency and effectiveness of managing multiagency firefighting resources in responding to an incident. Health and Safety Code (HSC) §§13070 et seq.
3. The Governor’s Reorganization Plan No. 1 of 1991 created DTSC in the California Environmental Protection Agency and transferred to DTSC the toxic substances control program from the State Department of Health Services. DTSC regulates the handling, management, and remediation of hazardous substances, materials, and waste. HSC §§25100 et seq.

PROPOSED LAW

This bill would:

1. Direct CalFire, OES, and DTSC, in consultation with specified entities with relevant expertise or experience, to form a workgroup related to exposure of toxic heavy metals after a wildfire.
2. Direct the workgroup to:
   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. Direct CalFire, OES, and DTSC, by January 1, 2026, to report their findings to the Legislature, as specified.
4. Make a series of findings and declarations, including:
   1. A recent Stanford University study showed that unmanaged wildfires can release toxic metal particles, like hexavalent chromium, or chromium 6.
   2. The need for more research and study to better understand how to limit high-heat fires and that further research and mitigation strategies will better protect humans and ecosystems, including waterways and groundwater.

ARGUMENTS IN SUPPORT

According to the author, “Between 2018 and 2021, California’s fire seasons were among the most destructive on record, with millions of acres burned, thousands of homes destroyed, and dozens of lives lost. 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.”

“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. 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.”

“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. 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. Further research and mitigation strategies will better protect humans and ecosystems, including waterways and groundwater.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Dual referral. This bill is double referred to this Committee and the Senate Environmental Quality Committee. Elements of the bill under the latter Committee’s jurisdiction will be discussed before that Committee and are included here for completeness and context only.

Need for the bill. Given the increase in high severity wildfires in California and new research from Stanford that suggests a resultant increase in toxic chromium 6 in burned soils, there is merit in bringing together CalFire, OES, and DTSC to better understand and consider ways to avoid, mitigate, and prevent exposures to this toxic compound for first responders and communities. For example, possible outcomes from this workgroup could include a recommendation to use an N95 mask when chromium 6 in the soil after a fire may become aerosolized. Further, the required report would also give the Legislature an opportunity to review and respond to these risks through legislative or budget action.

Connection to the FIRESCOPE Program Cancer Prevention Subcommittee. Two of the agencies impacted by this bill – CalFire and OES – jointly administer the FIRESCOPE Program referenced in the Background and Existing Law section of this analysis. The program operates a Cancer Prevention Subcommittee to develop and promote best practices for fire service members to optimize healthy workplace standards. This subcommittee is similar in concept to the workgroup proposed by this bill. The workgroup proposed by this bill, however, has a broader focus that includes exposures and impacts to communities impacted by wildfire, in addition to first responders, like firefighters. The subcommittee specifically targets fire service members. That said, should the bill move forward, the author may wish to consider expanding the FIRESCOPE Program to include this work.

Related legislation.

AB 102 (Ting, Chapter 38, Statutes of 2023) appropriates $7 million from the General Fund to the University of California, in partnership with the State Department of Public Health and the FIRESCOPE Program Cancer Prevention Subcommittee, for the California Firefighter Cancer Prevention and Research Program.

AB 700 (Grayson, Chapter 268, Statutes of 2023) establishes the California Firefighter Cancer Prevention and Research Program. The bill requests the University of California to develop a research grant program to understand firefighter exposures to chemical carcinogens and the processes that could ultimately lead to a cancer diagnosis.

SUPPORT

California Forestry Association

OPPOSITION

None Received

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