This measure would, among other things, urge the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire. The measure would also urge President Biden to declare a national emergency due to those ongoing impacts, and would urge President Biden and the United States Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation.

This measure would, among other things, urge the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire. The measure would also urge President Biden to declare a national emergency due to those ongoing impacts, and would urge President Biden and the United States Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation.

This measure would, among other things, urge the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire. The measure would also urge President Biden to declare a national emergency due to those ongoing impacts, and would urge President Biden and the United States Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation.

This measure would, among other things, urge the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire. The measure would also urge President Biden to declare a national emergency due to those ongoing impacts, and would urge President Biden and the United States Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation.

WHEREAS, The United States Navy owns the site of former Marine Corps Air Station Tustin, on which the North Hangar structure was located before a catastrophic fire that started on November 7, 2023; and

WHEREAS, The Navy North Hangar Fire burned for 24 days, deposited tons of debris, including toxic contaminants such as asbestos and lead from the Navy North Hangar, into a broad area of the community of Tustin, California, and affected over 1,500 homes and businesses, 29 schools, and 14,000 individuals; and

WHEREAS, The debris has been studied for exposure levels by an environmental health team that includes the South Coast Air Quality Management District, California Department of Toxic Substances Control, United States Environmental Protection Agency, Orange County Health Care Agency, United States Navy, Center for Toxicology and Environmental Health, and University of California, Irvine, and that is determined to protect against significant public health risks; and

WHEREAS, The City of Tustin has proclaimed a state of local emergency since November 9, 2023, as a result of asbestos and lead debris contaminants deposited into the City of Tustin; and

WHEREAS, The Tustin Unified School District and its students were greatly impacted by school closures and disruptions due to threatening air quality conditions and the contamination impacts; and

WHEREAS, The Orange County Transportation Authority was impacted due to public concern for air quality; and

WHEREAS, The County of Orange, on November 9, 2023, proclaimed a local emergency due to the public health, environmental, and economic impacts of the pollution disaster; and

WHEREAS, The City of Tustin has contracted for emergency services to protect the public and environment in excess of $80,000,000; and

WHEREAS, The City of Tustin is expending over 100 percent of its annual budget on this incident; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature urges the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire; and be it further

Resolved, That the Legislature urges President Joseph R. Biden to declare a national emergency due to the ongoing impacts to public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire; and be it further

Resolved, That the Legislature urges President Joseph R. Biden and the United States Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, to the Secretary of Defense, the Secretary of the Navy, to the Governor, to the Attorney General, and to the author for appropriate distribution.

WHEREAS, The United States Navy owns the site of former Marine Corps Air Station Tustin, on which the North Hangar structure was located before a catastrophic fire that started on November 7, 2023; and

WHEREAS, The Navy North Hangar Fire burned for 24 days, deposited tons of debris, including toxic contaminants such as asbestos and lead from the Navy North Hangar, into a broad area of the community of Tustin, California, and affected over 1,500 homes and businesses, 29 schools, and 14,000 individuals; and

WHEREAS, The debris has been studied for exposure levels by an environmental health team that includes the South Coast Air Quality Management District, California Department of Toxic Substances Control, United States Environmental Protection Agency, Orange County Health Care Agency, United States Navy, Center for Toxicology and Environmental Health, and University of California, Irvine, and that is determined to protect against significant public health risks; and

WHEREAS, The City of Tustin has proclaimed a state of local emergency since November 9, 2023, as a result of asbestos and lead debris contaminants deposited into the City of Tustin; and

WHEREAS, The Tustin Unified School District and its students were greatly impacted by school closures and disruptions due to threatening air quality conditions and the contamination impacts; and

WHEREAS, The Orange County Transportation Authority was impacted due to public concern for air quality; and

WHEREAS, The County of Orange, on November 9, 2023, proclaimed a local emergency due to the public health, environmental, and economic impacts of the pollution disaster; and

WHEREAS, The City of Tustin has contracted for emergency services to protect the public and environment in excess of $80,000,000; and

WHEREAS, The City of Tustin is expending over 100 percent of its annual budget on this incident; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature urges the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire; and be it further

Resolved, That the Legislature urges President Joseph R. Biden to declare a national emergency due to the ongoing impacts to public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire; and be it further

Resolved, That the Legislature urges President Joseph R. Biden and the United States Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, to the Secretary of Defense, the Secretary of the Navy, to the Governor, to the Attorney General, and to the author for appropriate distribution.

WHEREAS, The United States Navy owns the site of former Marine Corps Air Station Tustin, on which the North Hangar structure was located before a catastrophic fire that started on November 7, 2023; and

WHEREAS, The Navy North Hangar Fire burned for 24 days, deposited tons of debris, including toxic contaminants such as asbestos and lead from the Navy North Hangar, into a broad area of the community of Tustin, California, and affected over 1,500 homes and businesses, 29 schools, and 14,000 individuals; and

WHEREAS, The debris has been studied for exposure levels by an environmental health team that includes the South Coast Air Quality Management District, California Department of Toxic Substances Control, United States Environmental Protection Agency, Orange County Health Care Agency, United States Navy, Center for Toxicology and Environmental Health, and University of California, Irvine, and that is determined to protect against significant public health risks; and

WHEREAS, The City of Tustin has proclaimed a state of local emergency since November 9, 2023, as a result of asbestos and lead debris contaminants deposited into the City of Tustin; and

WHEREAS, The Tustin Unified School District and its students were greatly impacted by school closures and disruptions due to threatening air quality conditions and the contamination impacts; and

WHEREAS, The Orange County Transportation Authority was impacted due to public concern for air quality; and

WHEREAS, The County of Orange, on November 9, 2023, proclaimed a local emergency due to the public health, environmental, and economic impacts of the pollution disaster; and

WHEREAS, The City of Tustin has contracted for emergency services to protect the public and environment in excess of $90,000,000; $80,000,000; and

WHEREAS, The City of Tustin is expending over 100 percent of its annual budget on this incident; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature urges the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire; and be it further

Resolved, That the Legislature urges President Joseph R. Biden to declare a national emergency due to the ongoing impacts to public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire; and be it further

Resolved, That the Legislature urges President Joseph R. Biden and the United States Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, to the Secretary of Defense, the Secretary of the Navy, to the Governor, to the Attorney General, and to the author for appropriate distribution.

WHEREAS, The United States Navy owns the site of former Marine Corps Air Station Tustin, on which the North Hangar structure was located before a catastrophic fire that started on November 7, 2023; and

WHEREAS, The Navy North Hangar Fire burned for 24 days, deposited tons of debris, including toxic contaminants such as asbestos and lead from the Navy North Hangar, into a broad area of the community of Tustin, California, and affected over 1,500 homes and businesses, 29 schools, and 14,000 individuals; and

WHEREAS, The debris has been studied for exposure levels by an environmental health team that includes the South Coast Air Quality Management District, California Department of Toxic Substances Control, United States Environmental Protection Agency, Orange County Health Care Agency, United States Navy, Center for Toxicology and Environmental Health, and University of California, Irvine, and that is determined to protect against significant public health risks; and

WHEREAS, The City of Tustin has proclaimed a state of local emergency since November 9, 2023, as a result of asbestos and lead debris contaminants deposited into the City of Tustin; and

WHEREAS, The Tustin Unified School District and its students were greatly impacted by school closures and disruptions due to threatening air quality conditions and the contamination impacts; and

WHEREAS, The Orange County Transportation Authority was impacted due to public concern for air quality; and

WHEREAS, The County of Orange, on November 9, 2023, proclaimed a local emergency due to the public health, environmental, and economic impacts of the pollution disaster; and

WHEREAS, The City of Tustin has contracted for emergency services to protect the public and environment in excess of $90,000,000; and

WHEREAS, The City of Tustin is expending over 100 percent of its annual budget on this incident; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature urges the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire; and be it further

Resolved, That the Legislature urges President Joseph R. Biden to declare a national emergency due to the ongoing impacts to public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire; and be it further

Resolved, That the Legislature urges President Joseph R. Biden and the United States Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, to the Secretary of Defense, the Secretary of the Navy, to the Governor, to the Attorney General, and to the author for appropriate distribution.

Date of Hearing: June 25, 2024

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Eduardo Garcia, Chair

SBPCA Bill Id:SJR 13

Author:(Newman) – As Amended Ver:April 8, 2024

SENATE VOTE: 37-0

SUBJECT: Navy North Hangar Fire: contamination cleanup

SUMMARY: Urges the United States (U.S) Congress and President Joseph R. Biden (President Biden) to support a $100 million supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by pollution from the Navy North Hangar Fire; urges President Biden to declare a national emergency due to ongoing impacts; and urges President Biden and the U.S. Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation. Specifically, this resolution:

1. Makes the following legislative findings:
2. The U.S. Navy (Navy) owns the site of former Marine Corps Air Station Tustin, on which the North Hangar structure was located before a catastrophic fire that started on November 7, 2023;
3. The Navy North Hangar Fire burned for 24 days, deposited tons of debris, including toxic contaminants such as asbestos and lead from the Navy North Hangar, into a broad area of the community of Tustin, California, and affected over 1,500 homes and businesses, 29 schools, and 14,000 individuals;
4. The debris has been studied for exposure levels by an environmental health team that includes the South Coast Air Quality Management District (SCAQMD), California Department of Toxic Substances Control (DTSC), United States Environmental Protection Agency (US EPA), Orange County Health Care Agency (OCHCA), Navy, Center for Toxicology and Environmental Health, and University of California, Irvine, and that is determined to protect against significant public health risks;
5. The City of Tustin has proclaimed a state of local emergency since November 9, 2023, as a result of asbestos and lead debris contaminants deposited into the City of Tustin;
6. The Tustin Unified School District and its students were greatly impacted by school closures and disruptions due to threatening air quality conditions and the contamination impacts;
7. The Orange County Transportation Authority was impacted due to public concern for air quality;
8. Orange County, on November 9, 2023, proclaimed a local emergency due to the public health, environmental, and economic impacts of the pollution disaster;
9. The City of Tustin has contracted for emergency services to protect the public and environment in excess of $80 million; and, 
10. The City of Tustin is expending over 100% of its annual budget on this incident;
11. Resolves, on behalf of the Assembly and the Senate of the State of California, jointly, that:
12. The Legislature urges the U.S Congress and President Biden to support a $100 million supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire;
13. The Legislature urges President Biden to declare a national emergency due to the ongoing impacts to public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire;
14. The Legislature urges President Biden and the U.S. Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation; and,
15. The Secretary of the Senate transmit copies of this resolution to the U.S. President and Vice President, Speaker of the House of Representatives, Majority Leader of the Senate, each Senator and Representative from California in the U.S. Congress, Secretary of Defense, Secretary of the Navy, Governor, Attorney General, and to the author for appropriate distribution.

EXISTING LAW:

1. Authorizes the President to declare a national emergency. (50 United States Code (U.S.C.) § 1621)
2. Provides that when the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposed that he, or other officers, will act. (50 U.S.C. § 1631)
3. Terminates any national emergency declared by the president if a joint resolution terminating the emergency is enacted, or if the President issues a proclamation terminating the emergency. (50 U.S.C. § 1622(a))
4. Requires each House of Congress to meet to consider a vote on a joint resolution to determine whether an emergency shall be terminted no later than 6 months after the national emergency is declared, and no later than the end of each 6 month period thereafter that such emergency continues. (50 U.S.C. § 1622(b))
5. Authorizes the Secretary of Defense and the Secretaries of the military departments, in the event of the declaration of a national emergency by the President, to undertake military construction projects and specifies that the projects may only be undertaken with funds that have been appropriated for military construction, including funds appropriated for family housing that have not been obligated. (10 U.S.C. § 2808(a))
6. Establishes, under the California Emergency Services Act, the California Office of Emergency Services (Cal OES) within the office of the Governor for the purpose of mitigating the effects of natural, manmade, or war-caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state. (Government Code (GC) § 8550)
7. Requires, under the California Disaster Assistance Act, the Director of Cal OES to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria. (GC § 8680)
8. Authorizes, under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Federal Emergency Management Agency (FEMA) to provide emergency assistance to states and local entities impacted by disasters; authorizes, in any emergency, the President to, among other things, authorize public assistance programs aimed at providing essential emergency assistance, repairing and restoring damaged public facilities, and removing debris. (Public Law § 100707)
9. Establishes the federal Resource Conservation and Recovery Act (RCRA) to authorize the US EPA to manage hazardous and non-hazardous wastes throughout its life cycle. (42 U.S.C. § 6901 et seq.)
10. 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.)
11. Defines "waste" as any solid, liquid, semisolid, or contained gaseous discarded material. (HSC § 25124)
12. Defines a "hazardous waste" as waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics:
    1. Causes, or significantly contributes to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or,
    2. Poses a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bio-accumulative properties, or persistence in the environment, when improperly treated, stored, transported, disposed of, or otherwise managed. (HSC § 25141(b))

FISCAL EFFECT: Unknown

COMMENTS:

Need for the resolution: According to the author:

"The Navy North Hangar Fire has inflicted a profound financial and environmental impact on the community. The residents of the surrounding communities deserve an expedited and comprehensive cleanup of the asbestos and other toxic materials. SJR 13 calls on President Biden and the U.S. Congress to support all necessary remediation and cleanup efforts in swiftly responding to the pressing needs created by this devastating fire."

Marine Corps Air Station Tustin: As described in the California Military Museum, the air station was originally built as a blimp base in 1942 as Santa Ana Naval Air Station. Blimps were used to patrol America's coastline primarily to watch for enemy submarines. The air station had two hangars, each more than 1,000 feet long and 300 feet wide, designed to hold six blimps simultaneously. Following World War II, the Navy decommissioned the air station in 1949. In 1951, the Marine Corps used the site as their primary West Coast helicopter base, operating medium and heavy transport and attack helicopter squadrons. The station housed over 100 helicopters at its peak. In 1999, the Marine Corps closed the station. The hangars were designated a national historic landmark, marked for preservation. The local government approved the property for reuse for a mixture of purposes, including parkland and commercial development, and the City of Tustin was working with the Navy to implement the plan.

Navy North Hangar Fire: On Tuesday, November 7, 2023, a fire broke out in the North Hangar at the former Marine Corps Air Station in Tustin. The Orange County Fire Authority responded to the fire by sending more than 70 firefighters at about 1 a.m. to contain the fire. Efforts to contain the fire escalated to deploying helicopters to douse the fire from above. These efforts were ultimately unsuccessful and officials allowed the structure to burn rather than risking the lives of firefighters.

On November 9, 2023, the Tustin Acting Director of Emergency Services proclaimed a local emergency and the city council ratified it on November 10. The proclamation requested a Gubernatorial State of Emergency, per the Emergency Services Act, and provide expedited access to state and federal resources, and recovery assistance. On the same day, members of the U.S. House of Representatives wrote a bipartisan letter. Congress members Young Kim (CA-40), J. Luis Correa (CA-46), Michelle Steel (CA-46), Katie Porter (CA-47), Linda T Sánchez, Mike Levin, and Southern California representatives wrote a letter to the Base Realignment and Closure (BRAC) Environmental Coordinator of the Navy, requesting information about their plan to address the fire. Specifically, they requested information on their plan for cleaning up contaminated sites, disclosing the building materials used to construct the hangar, engaging and informing community members, and whether the Navy would be involved in assisting the county.

On the City of Tustin's official website, the city has yet to state an official cause for the fire. The fire is still under investigation by the Orange County Fire Authority and the Tustin Police Department.

The Navy Agreement: The US EPA deemed the Navy responsible for the releases from the Navy North Hangar Fire. On November 10, 2024, the city held an emergency meeting where they approved an agreement with the U.S. Department of the Navy. The agreement allowed the city to take immediate remediation actions following the fire with an initial $1 million in assistance.

Testing and hazardous conditions: The fire resulted in releases of several contaminants into the air. The SCAQMD reported that both air and ash samples in the area surrounding the North Hangar Fire was positive for asbestos, lead, arsenic, and nickel. Community parks, schools, open spaces, shopping centers, and residential properties are part of the surrounding area. A pollution alert was sent out by SCAQMD within two days of the fire engulfing the hangar structure. At the time of the findings, Tustin Unified School District closed all their school campuses for the safety of students, staff, and families.

On December 5, 2023, Assemblymember Petrie-Norris wrote a letter to the BRAC Environmental Coordinator of the Navy. The letter requested answers to specific questions and transparency on the Navy's approach for debris cleaning and remediation, their comprehensive testing strategy, and their funding and reimbursement mechanism to support the affected community.

On January 30, 2024, the City of Tustin announced that an informational webinar would be available for residents to learn about the methodology and implementation plan for an exterior soil and interior air/dust sampling study following the fire. Residents voluntarily signed up and were randomly selected. The study assessed the impact of the Navy’s North Hangar Fire on the surrounding community and was approved by county, state, and federal regulators including the US EPA, DTSC, SCAQMD, OCHCA, and the Navy.  On May 8, 2024, the City of Tustin published a news release sharing the results. The sampling study analyzed 960 soil, interior air, and dust samples from 80 randomly selected homes in close proximity to the North Hangar Fire, and compared findings to homes in the cities of Irvine and Santa Ana ("control" cities, or cities well outside the impacted zone). No asbestos or lead exceeding state or federal health standards were detected in any of the homes with the exception of one. Exceedances in lead were detected in a few of the "control" cities, but this was due to the historical background lead levels in Santa Ana, CA.

As of today, the City of Tustin's North Hangar Fire Resources website states that all 29 Tustin Unified School District schools have been inspected, mitigated, and cleared.

Cleanup costs: A news article in the Los Angeles Times, shared by the author's office, titled, "Tustin incurs hefty hangar fire cleanup costs while waiting on Navy funding," states that the City of Tustin, as of March 6, 2024, had contracted $74 million for emergency services including a soil, air, and dust study. This study was completed in May 2024 and is described above. Furthermore, the article states that the city has surpassed their general fund budget due to cleanup costs. At the time of the article, the Navy had only paid $11 million through their cooperative agreement with the City of Tustin.

On March 12, 2024, the Navy pledged to provide the City of Tustin with $13 million to partially cover the more than $90 million in cleanup costs as of that date. With this pledge, the total money provided by the Navy totaled $24 million. The most recent information available at the City of Tustin's public website breaks down the costs of the North Hangar Fire, which in total is nearly $88 million and disaggregates as follows:

• Debris clearance: $52,570,475
• Air monitoring, analytical, and community outreach services: $21,247,438
• Consulting, project management, and legal services: $8,554,764
• Agency costs: $2,340,000
• Supplies, equipmen,t and security: $1,468,108
• Residential air and dust sampling, outdoor soil sampling: $898,900
• Hangar door deconstruction: $854,251

The document states that 1,500 homes, 29 schools, 12 parks, and 14,000 people were affected by the North Hangar Fire. The fire burned for 24 days and impacted 6.5 square miles.

State of emergency declaration: City and county officials asked Governor Newsom to declare a state of emergency. Information provided by the author's office states that the governor declined to issue an emergency and emphasized it was the federal government's responsibility to provide resources for the clean-up. On January 25, 2024, a week after the denied request, Congress members Young Kim and J. Luis Correa wrote a letter requesting that the Governor reconsider his decision on an emergency declaration. By declaring a state of emergency, the City of Tustin would have access to federal funds for their remediation, efforts. The letter highlighted the financial and emotional burden of the fire on the city's residents. Some residents paid out of pocket to hire contractors to test their homes for the presence of lead and asbestos. Residents were requesting additional testing, remediation and reimbursement for out-of-pocket expenses. The letter also requested that the Governor clarify a statement he shared to the media regarding a $73 million threshold amount that is required for a disaster declaration and why the City of Tustin would be disqualified.

Recent events: Information available on the City of Tustin's website states that the Navy's contractor has submitted a draft work plan to clean up the site of the fire. The plan is currently being evaluated by local, county, and state agencies.

On April 15, 2024, it was announced that the Navy had pledged an additional reimbursement payment of $37 million to repay the City of Tustin. With this pledge, the reimbursement to the City of Tustin amounted to $61 million. An additional $27 million was announced on June 18, 2024, bringing the total to $88 million. This amount matches the City's costs and contractual obligations to date. The Navy reimbursements do not provide relief to residents with out-of-pocket expenses.

This resolution: SJR 13 urges the U.S. Congress and President Biden to support a $100 million supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by pollution from the Navy North Hangar Fire. It also urges President Biden to declare a national emergency due to ongoing impacts and urges President Biden and the U.S. Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation.

Arguments in support: According to the City of Tustin:

"The Navy North Hangar Fire caused significant disruption and required extensive environmental remediation of the surrounding community. Officials were forced to shut down all Tustin schools and parks, and issue health warnings to surrounding residents. The City declared a local state of emergency and the Orange County Board of Supervisors declared a county-wide state of emergency due to the fire.

In responding to the fire and subsequent recovery efforts, the City has been stretched beyond its financial limits, with emergency obligations exceeding more than 100% of its 2023-2024 fiscal year budget. The overall costs for the response and recovery needed to protect the public and the environment are expected to exceed $90,000,000 at this time and have put the fiscal solvency of the City at great risk. The ruins of the destroyed Navy North Hangar remain, and its eventual removal and clean-up are likely to generate further impacts to the City and its residents, many of whom spent thousands of dollars out of their own pockets to recover from the Navy North Hangar Fire.

The City must remain fiscally solvent so it can fulfill its core duties to provide crucial public services to the City’s residents and businesses. The Navy North Hangar Fire disaster has our community facing financial peril and has created a dire need of immediate assistance."

Arguments in opposition: None on file.

Related Legislation:

• • • 1. AJR 12 (Alvarez, 2024). Urges the U.S. Congress and President Biden to fully fund the US EPA's Comprehensive Infrastructure Solution for the Tijuana River Valley; urges President Biden to declare a national emergency due to those ongoing impacts. This resolution is pending action on the Assembly Floor.
      2. AJR 2 (O'Donnell, Chapter 142, Statutes of 2021). Requested that the U.S. Congress and US EPA to take all measures necessary to prevent further damage to California’s citizens, wildlife, and natural resources caused by the dichloro-diphenyl-trichloroethane (DDT) waste dumped in the waters near Santa Catalina Island.
      3. SJR 22 (Hueso, Chapter 241, Statutes of 2018). Urged the federal government and the U.S. section of the International Boundary Water Commission to take immediate action to adequately address cross-border pollution in the Tijuana River Valley.
      4. SCR 90 (Hueso, Chapter 80, Statutes of 2014). Declared the Legislature’s intent to work with the Tijuana River Valley Recovery Team (Team) to take various actions to protect and preserve the Tijuana River Valley; encourage collaboration with the Team to protect and enhance natural resources through improved management of sediment and trash, flood control, ecosystem management, and recreation and education; and, promote bilateral ties with Mexico.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Tustin

Junior Philanthropists Foundation

Opposition

None on file.

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

 THIRD READING  

Bill No: SJR 13

Author: Newman (D) and Umberg (D), et al.

Amended: 4/8/24

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/3/24

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

SUBJECT: Navy North Hangar Fire: contamination cleanup

SOURCE: City of Tustin

DIGEST:

This resolution urges the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire, and would urge President Joseph R. Biden to declare a national emergency due to these ongoing impacts, and would urge President Joseph R. Biden and the United States Congress to include funding for remediation for the Navy North Hangar Fire in future budgets.

ANALYSIS:

Existing law:

1. Grants the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body, the ability to declare a local emergency, the status of which shall be reviewed at least once every 60 days and which shall be terminated at the earliest possible date that conditions warrant. Specifies that in periods of local emergency, political subdivisions have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements therefore. Specifies that State agencies may provide mutual aid, to assist political subdivisions during a local emergency or in accordance with mutual aid agreements or at the direction of the Governor. (Government Code §8630 et seq.)
2. Authorizes the local health officer to take any preventative measure that may be necessary to protect and preserve the public health from any public health hazard during any state of war emergency, state of emergency, or local emergency within her/his jurisdiction. (Health and Safety Code §101040)
3. Requires, under the federal Clean Water Act, that each federal agency or department that has jurisdiction over any property or facility, or that is engaged in any activity resulting in, or which may result in, discharge or runoff of pollutants, be subject to all federal, state, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution in the same manner, and to the same extent as a nongovernmental entity. (33 United States Code (U.S.C.) § 1323(a))
   
4. Authorizes the President of the United States to declare a national emergency and requires the President to specify under which provisions of law the President or other officers will act before any powers or authorities are exercised. (U.S.C., art. I; 50 U.S.C. §1621 & 1631.)

This resolution:

1. Makes the following findings:
   1. The United States Navy is the owner of the site of former Marine Corps Air Station Tustin, on which the North Hangar structure was located before a fire that started on November 7, 2023 and burned for 24 days;
   2. The North Hangar fire deposited tons of debris, including toxic contaminants such as asbestos and lead, into Tustin, California and affected over 1,500 homes and businesses, 29 schools, and 14,000 individuals;
   3. The debris has been studied for exposure levels by an environmental health team that includes the South Coast Air Quality Management District, California Department of Toxic Substances Control, United States Environmental Protection Agency, Orange County Health Care Agency, United States Navy, Center for Toxicology and Environmental Health, and University of California, Irvine, and that is determined to protect against significant public health risks;
   4. The City of Tustin and the County of Orange have proclaimed a state of local emergency since November 9, 2023; the Tustin Unified School District was closed and disrupted; and the Orange County Transportation Authority was impacted; as a result of the air quality conditions, contamination impacts, and public health concerns; and
   5. The City of Tustin has contracted for emergency services in excess of $80,000,000 and is expending over 100% of its annual budget on this incident.
      
2. Resolves, on behalf of the Senate and the Assembly of the State of California, jointly, that:
   1. The Legislature urges the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by pollution from the Navy North Hangar Fire;
   2. The Legislature urges President Joseph R. Biden to declare a national emergency due to the ongoing impacts to public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire;
   3. The Legislature urges President Joseph R. Biden and the United States Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation; and
   4. The Secretary of the Senate transmit copies of this resolution to the President and Vice President of the of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, to the Secretary of Defense, the Secretary of the Navy, to the Governor, to the Attorney General, and to the author for appropriate distribution.
      

Background

1. Tustin Air Station. The Naval Air Station Santa Ana, located in Orange County, California, was commissioned in 1942 as the southernmost of three blimp bases on the west coast. Each base had a pair of 1,000 foot long wooden hangars (the North Hangar and South Hangar) built during World War II (WWII), housing squadrons of blimps. Both hangars were entered into the National Register as a historic district in 1975 for their historic connection with WWII. The Naval Air Station was decommissioned in 1949, but then in 1951 was reactivated by the Marine Corps, which used it as a helicopter training base, until it was officially closed in 1999. A Reuse Plan was adopted by the community in 1996, which has subsequently been amended, and the City of Tustin was working with the Navy on implementing the plan.
2. North Hangar Fire. On November 7, 2023, a fire at the North Hangar structure at the Tustin Air Base erupted. Due to the lack of water supply and height of the hangar (17 stories tall), the Orange County Fire Authority decided to allow the fire to burn while contained over 24 days before officials declared it “fully extinguished.” The Tustin Hangar debris was found to contain asbestos and other heavy metals. On the day of the fire, air monitoring performed by South Coast Air Quality Management District showed elevated levels of lead and arsenic inside the area of the smoke plume. Due to possible airborne asbestos contamination, several parks and all Tustin Unified schools were closed, and health warnings were issued to surrounding residents.

Two days after the fire, the County of Orange and the City of Tustin declared a local emergency due to the fire and the impact on over 1,500 homes and 14,000 people. The City of Tustin’s proclamation requested that the Governor of California issue a Gubernatorial State of Emergency and provide expedited access to State and Federal resources, and recovery assistance to the City of Tustin. In January 2024, Governor Newsom said he would not issue a state of emergency proclamation for the fire, saying that the emergency had passed and that reimbursement is a federal responsibility. Subsequently, United States Representatives Young Kim and Lou Correa wrote a letter to Governor Newsom, urging him to reconsider his decision to reject the City of Tustin’s request for a Proclamation of a State of Emergency. Also in January 2024, the Tustin City Council voted to renew the declaration of a local emergency while ongoing debris removal and air quality monitoring occurs.

1. Site testing response. The Incident Management Team (IMT), under the direction of the City of Tustin, was tasked to handle the response, including working with engineers, environmental experts, and other key agencies to put mitigation measures in place. In a December 13 letter, the Orange County Health officer reported that tests performed by South Coast Air Quality Management District, the United States Environmental Protection Agency (U.S. EPA), the United States Navy, and IMT contractors suggested that asbestos from bulk debris in the fire, not airborne asbestos, was a primary source of exposure and that “The most concerning health hazard throughout the Fire Hangar Incident that remains is Asbestos Containing Material (ACM) debris at the site and direct contact with this debris.” The letter also noted that “While several heavy metals were originally detected in mobile monitoring of the smoke plume, additional metal testing revealed these returned to normal background levels.” As of December 2023, the Orange County Health Officer reported that the airborne concentrations of metals, asbestos, and particulate matter are below the level of concern. However, in response to community concern for health and safety, the City of Tustin continues to measure and report on local air quality and provide a portal for residents to report fire debris for collection.

Additionally, between November 9 and December 23, 2023, the Orange County Health Care Agency and the U.S. EPA collected soil and dust samples to test for lead and other heavy metals at multiple public locations adjacent to the Navy North Hangar site, which were below residential screening levels or within typical background concentrations.

Air monitoring and sampling locations were also set up around the perimeter of the hangar and in surrounding communities. The results of particulate matter concentrations were within the typical area ranges from November 15, 2023 (the earliest date publicly reported) onwards. This air quality monitoring remains ongoing as of the writing of this analysis.

1. Navy involvement. The U.S. EPA designated the United States Navy, as the owner of the North Hangar property, as the Responsible Party for the releases from the fire. On November 10, three days after the fire, the Tustin City Council authorized approval of a cooperative agreement to implement an emergency response with the United States Navy reimbursing the city for incident response costs. The initial $1 million agreement was to be used for asbestos assessment and remediation activities as well as for the City of Tustin to demolish the hangar. In the weeks and months following, three amendments to the Cooperative Agreement have been executed; the City of Tustin has received so far received $11 million, with a March 2024 agreement to contribute an additional $13 million (bringing the total to $24 million). According to information provided by the author, there is a pending 4^th amendment that has not yet been delivered to the City of Tustin. The United States Navy also directly spent $6 million for a contract to finish the deconstruction of the site’s North Hangar and remove debris from the footprint of the hangar.

According to information provided by the author, as of March 14, 2024, the City of Tustin has contracted nearly $80 million in response to the fire (with the bulk of the funds used to clear asbestos debris), with an estimated remaining scope of $44-$58 million dollars. These costs have not so far been used to directly reimburse homeowners for the expenses they’ve incurred. The Navy has committed to removing the debris from the incident site but has not scheduled a specific date. In the surrounding Tustin community, a large majority of the debris has been removed, though some continues to be removed in response to reports submitted by community members, a process that is expected to take several more months.

1. Tustin’s risk for insolvency. With current contracted costs of $80 million and the U.S. Navy pledging $24 million, this currently leaves a $55 million gap, which the City of Tustin has requested with a 4^th amendment to the cooperative agreement. However, the City of Tustin expects further costs will be incurred from ongoing debris removal, air monitoring, and agency costs. According to information provided by the author, the City of Tustin estimates a total of $137 million will be required, a sum that exceeds 100% of Tustin’s typical operating budget of $95 million. Tustin Mayor Austin Lumbard claims that the city has already pulled $7.8 million from the City of Tustin’s reserves to pay contractors, the maximum amount that could be withdrawn under their policy. Since the fire, there have been numerous calls by the City of Tustin and community members for the U.S. Federal government, as the owner of the property, to contribute more money to the cleanup.

Comments

1. Author’s statement. According to the author, “The Navy North Hanger fire has inflicted a profound financial and environmental impact on the community. The residents of the surrounding communities deserve an expedited and comprehensive cleanup of the asbestos and other toxic materials. SJR 13 calls on President Biden and the U.S. Congress to support all necessary remediation and cleanup efforts in swiftly responding to the pressing needs created by this devastating fire.”
2. What does it mean to declare a national emergency? This resolution urges President Joseph R. Biden to declare a national emergency due to the ongoing impacts of the November, 2023 Navy North Hangar fire. The National Emergencies Act of 1976 authorizes the President of the United Sates to declare a national emergency by signing a proclamation, but does not define a national emergency or include any criteria for issuance. By issuing a national emergency, the president must cite the specific emergency powers they are activating to make the declaration (there are nearly 150 of them). The large majority of national emergencies have generally been used to impose economic sanctions on foreign governments, officials, or groups. Some other examples of national emergencies include in 2019, when President Trump declared a national emergency at the southern border of the United States to divert $8 billion of funds to build a wall, and in 2009 when President Obama declared a national emergency in response to the H1N1 influenza pandemic empowering the secretary of health and human services to issue waivers allowing hospitals to move patients to other locations.
   

Related/Prior Legislation

AJR 12 (Alvarez, 2024) urges the United States Congress to support President Joseph R. Biden’s $310 million supplemental funding request for the United States Section of the International Boundary and Water Commission (IBWC) due to the ongoing impacts of pollution in the Tijuana River Valley and urged President Joseph R. Biden to declare a national emergency due to those ongoing impacts.

SJR 22 (Hueso, Resolution Chapter 241, Statutes of 2018) urged the federal government and the U.S. Section of the IBWC to take immediate action to adequately address cross-border pollution in the Tijuana River Valley.

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

SUPPORT: (Verified 4/15/24)

City of Tustin (source)

OPPOSITION: (Verified 4/15/24)

None received

ARGUMENTS IN SUPPORT: According to the City of Tustin, “The City must remain fiscally solvent so it can fulfill its core duties to provide crucial public services to the City’s residents and businesses. The Navy North Hangar Fire

disaster has our community facing financial peril and has created a dire need of immediate assistance.”

Prepared by: Holly Rudel / E.Q. / (916) 651-4108

4/16/24 13:49:49

**** END ****

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2023 - 2024 Regular

SUBJECT: Navy North Hangar Fire: contamination cleanup

DIGEST: Urges the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire, and would urge President Joseph R. Biden to declare a national emergency due to these ongoing impacts, and would urge President Joseph R. Biden and the U.S. Congress to include funding for remediation for the Navy North Hangar Fire in future budgets.

ANALYSIS:

Existing law:

1. Grants the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body, the ability to declare a local emergency, the status of which shall be reviewed at least once every 60 days and which shall be terminated at the earliest possible date that conditions warrant. Specifies that in periods of local emergency, political subdivisions have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements therefore. Specifies that State agencies may provide mutual aid, including personnel, equipment, and other available resources, to assist political subdivisions during a local emergency or in accordance with mutual aid agreements or at the direction of the Governor. (Government Code §8630 et seq.)
2. Authorizes the local health officer to take any preventative measure that may be necessary to protect and preserve the public health from any public health hazard during any state of war emergency,” “state of emergency,” or “local emergency” within her/his jurisdiction. (Health and Safety Code §101040)
3. Requires, under the federal Clean Water Act, that each federal agency or department that has jurisdiction over any property or facility, or that is engaged in any activity resulting in, or which may result in, discharge or runoff of pollutants, be subject to all federal, state, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution in the same manner, and to the same extent as a nongovernmental entity. (33 United States Code (U.S.C.) § 1323(a))
   
4. Sets, through the Federal Clean Air Act (FCAA) and its implementing regulations, National Ambient Air Quality Standards (NAAQS) for six criteria pollutants. (42 U.S.C. §7401 et seq.)
5. Authorizes the President to declare a national emergency and requires the President to specify under which provisions of law the President or other officers will act before any powers or authorities are exercised. (U.S. Const., art. I; 50 U.S.C. §1621 & 1631.)
6. Requires a national emergency declared by the President to terminate if the United States Congress enacts into law a joint resolution terminating the emergency. (50 U.S.C. § 1622(a)(1))
7. Authorizes the Secretary of Defense and the Secretaries of the military departments, in the event of the declaration of a national emergency by the President, to undertake military construction projects and specifies that the projects may only be undertaken with funds that have been appropriated for military construction, including funds appropriated for family housing that have not been obligated. (10 U.S.C. § 2808(a).)

This Resolution:

1. Makes the following findings:
   1. The United States Navy is the owner of the site of former Marine Corps Air Station Tustin, on which the North Hangar structure was located before a fire that started on November 7, 2023 and burned for 24 days;
   2. The North Hangar fire deposited tons of debris, including toxic contaminants such as asbestos and lead, into the community of Tustin, California and affected over 1,500 homes and businesses, 29 schools, and 14,000 individuals;
   3. The debris has been studied for exposure levels by an environmental health team that includes the South Coast Air Quality Management District, California Department of Toxic Substances Control, United States Environmental Protection Agency, Orange County Health Care Agency, United States Navy, Center for Toxicology and Environmental Health, and University of California, Irvine, and that is determined to protect against significant public health risks;
   4. The City of Tustin and the County of Orange have proclaimed a state of local emergency since November 9, 2023; the Tustin Unified School District was closed and disrupted; and the Orange County Transportation Authority was impacted; as a result of the air quality conditions, contamination impacts, and public health concerns; and
   5. The City of Tustin has contracted for emergency services in excess of $90,000,000 and is expending over 100% of its annual budget on this incident.
      
2. Resolves, on behalf of the Senate and the Assembly of the State of California, jointly, that:
   1. The Legislature urges the United States Congress and President Joseph R. Biden to support a $100,000,000 supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire;
   2. The Legislature urges President Joseph R. Biden to declare a national emergency due to the ongoing impacts to public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire;
   3. The Legislature urges President Joseph R. Biden and the U.S. Congress to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation; and
   4. The Secretary of the Senate transmit copies of this resolution to the President and Vice President of the U.S., to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the U.S., to the Secretary of Defense, the Secretary of the Navy, to the Governor, to the Attorney General, and to the author for appropriate distribution.
      

Background

1. Tustin Air Station. The Naval Air Station Santa Ana, located in Orange County, California, was commissioned in 1942 as the southernmost of three blimp bases on the west coast. Each base had a pair of 1,000 foot long wooden hangars (the North Hangar and South Hangar) built during World War II (WWII), housing squadrons of blimps. Both hangars were entered into the National Register as a historic district in 1975 for their historic connection with WWII. The Naval Air Station was decommissioned in 1949, but then in 1951 was reactivated by the Marine Corps, which used it as a helicopter training base, until it was officially closed in 1999. A Reuse Plan was adopted by the community in 1996, which has subsequently been amended, and the City of Tustin was working with the Navy on implementing the plan.
2. North Hangar Fire. On November 7, 2023, a fire at the North Hangar structure at the Tustin Air Base erupted. Due to the lack of water supply and height of the hangar (17 stories tall), the City decided to allow the fire to burn while contained over 24 days before officials declared it “fully extinguished.” The Tustin Hangar debris was found to contain asbestos and other heavy metals. On the day of the fire, air monitoring performed by South Coast Air Quality Management District showed elevated levels of lead and arsenic inside the area of the smoke plume. Due to possible airborne asbestos contamination, several parks and all Tustin Unified schools were closed, and health warnings were issued to surrounding residents.

Two days after the fire, the County of Orange and the City of Tustin declared a local emergency due to the fire and the impact on over 1,500 homes and 14,000 people. The City’s proclamation requested that the Governor of California issue a Gubernatorial State of Emergency and provide expedited access to State and Federal resources, and recovery assistance to the City of Tustin. In January 2024, Governor Newsom said he would not issue a state of emergency proclamation for the fire, saying that the emergency had passed and that reimbursement is a federal responsibility. Subsequently, U.S. Representatives Young Kim and Lou Correa wrote a letter to Governor Newsom, urging him to reconsider his decision to reject the City of Tustin’s request for a Proclamation of a State of Emergency. Also in January 2024, the City Council voted to renew the declaration of a local emergency while ongoing debris removal and air quality monitoring occurs.

1. Site testing response. The Incident Management Team (IMT), under the direction of the City of Tustin, was tasked to handle the response, including working with engineers, environmental experts, and other key agencies to put mitigation measures in place. In a December 13 letter, the Orange County Health officer reported that tests performed by South Coast Air Quality Management District, the U.S. Environmental Protection Agency (U.S. EPA), the U.S. Navy, and IMT contractors suggested that asbestos from bulk debris in the fire, not airborne asbestos, was a primary source of exposure and that “The most concerning health hazard throughout the Fire Hangar Incident that remains is Asbestos Containing Material (ACM) debris at the site and direct contact with this debris.” The letter also noted that “While several heavy metals were originally detected in mobile monitoring of the smoke plume, additional metal testing revealed these returned to normal background levels.”

Additionally, between November 9 and December 23, 2023, the Orange County Health Care Agency and the U.S. EPA collected soil and dust samples to test for lead and other heavy metals at multiple public locations adjacent to the Navy North Hangar site, which were below residential screening levels or within typical background concentrations.

Air monitoring and sampling locations were also set up around the perimeter of the hangar and in surrounding communities. The results of particulate matter concentrations were within the typical area ranges from November 15, 2023 (the earliest date publicly reported) onwards. This air quality monitoring remains ongoing as of the writing of this analysis.

1. Navy involvement. The U.S. EPA designated the U.S. Navy, as the owner of the North Hangar property, as the Responsible Party for the releases from the fire. On November 10, three days after the fire, the Tustin City Council authorized approval of a cooperative agreement to implement an emergency response with the U.S. Navy reimbursing the city for incident response costs. The initial $1 million agreement was to be used for asbestos assessment and remediation activities as well as for the City to demolish the hangar. In the weeks and months following, three amendments to the Cooperative Agreement have been executed; the City has received so far received $11 million, with a March 2024 agreement to contribute an additional $13 million (bringing the total to $24 million). According to information provided by the author, there is a pending 4^th amendment that has not been delivered to the City as of the writing of this analysis. The Navy also directly spent $6 million for a contract to finish the deconstruction of the site’s North Hangar and remove debris from the footprint of the hangar.

According to information provided by the author, as of March 14, 2024, the City of Tustin has contracted nearly $80 million in response to the fire (with the bulk of the funds used to clear asbestos debris), with an estimated remaining scope of $44-$58 million dollars. These costs have not so far been used to directly reimburse homeowners for the expenses they’ve incurred. To the committee’s knowledge, the Navy committed to removing the debris from the incident site but has not scheduled a specific date. In the surrounding Tustin community, a large majority of the debris has been removed, though some continues to be removed in response to reports submitted by community members, a process that is expected to take several more months.

1. Tustin’s risk for insolvency. With current contracted costs of $80 million and the U.S. Navy pledging $24 million, this currently leaves a $55 million gap, which the City has requested with a 4^th amendment to the cooperative agreement. However, the City expects further costs will be incurred from ongoing debris removal, air monitoring, and agency costs. According to information provided by the author, the City of Tustin estimates a total of $137 million will be required, a sum that exceeds 100% of Tustin’s typical operating budget of $95 million. Tustin Mayor Austin Lumbard claims that the city has already pulled $7.8 million from the city’s reserves to pay contractors, the maximum amount that could be withdrawn under their policy. Since the fire, there have been numerous calls by the City of Tustin and community members for the U.S. Federal government, as the owner of the property, to contribute more money to the cleanup.

Comments

1. Purpose of Bill. According to the author, “The Navy North Hanger fire has inflicted a profound financial and environmental impact on the community. The residents of the surrounding communities deserve an expedited and comprehensive cleanup of the asbestos and other toxic materials. SJR 13 calls on President Biden and the U.S. Congress to support all necessary remediation and cleanup efforts in swiftly responding to the pressing needs created by this devastating fire.”
2. Past and future costs. In immediate response to the fire, the City of Tustin contracted services to clear debris and monitor the surrounding air, soil and dust. Since the fire, environmental analysts, including the EPA, have identified that the primary concern comes from the large pieces of hangar debris, which contain asbestos, and not air quality concerns. As of December 2023, the Orange County Health Officer reported that the airborne concentrations of metals, asbestos, and particulate matter are below the level of concern. However, in response to community concern for health and safety, the City continues to measure and report on local air quality and provide a portal for residents to report fire debris for collection.

As of the writing of this analysis, the City has expended $80 million for response services. The City estimates its future costs for ongoing debris removal, air monitoring, and agency costs to be $57 million. The City has agreed upon a $24 million payment from the U.S. Navy, with another funding agreement pending, though not delivered. This resolution urges a $100 million supplemental funding request from the federal government.

To reflect the current status of contracted funding, the committee may wish to amend the bill to reflect the $80,000,000 spent.

1. What does it mean to declare a national emergency? SJR urges President Joseph R. Biden to declare a national emergency due to the ongoing impacts of the November, 2023 Navy North Hangar fire. The National Emergencies Act of 1976 authorizes the President to declare a national emergency by signing a proclamation, but does not define a national emergency or include any criteria for issuance. By issuing a national emergency, the president must cite the specific emergency powers they are activating to make the declaration (there are nearly 150 of them). The large majority of national emergencies have generally been used to impose economic sanctions on foreign governments, officials, or groups. Some other examples of national emergencies include in 2019, when President Trump declared a national emergency at the southern border of the United States to divert $8 billion of funds to build a wall, and in 2009 when President Obama declared a national emergency in response to the H1N1 influenza pandemic empowering the secretary of health and human services to issue waivers allowing hospitals to move patients to other locations.
2. Committee amendments. Staff recommends the committee adopt the suggested amendment bolded in (2) above.
   

Related/Prior Legislation

AJR 12 (Alvarez, 2024). Urges the U.S. Congress to support President Joseph R. Biden’s $310 million supplemental funding request for the United States Section of the International Boundary and Water Commission due to the ongoing impacts of pollution in the Tijuana River Valley and would urge President Joseph R. Biden to declare a national emergency due to those ongoing impacts. This bill is currently pending before this committee.

SJR 22 (Hueso, Chapter 241, Statutes of 2018). Urges the federal government and the U.S. Section of the IBWC to take immediate action to adequately address cross-border pollution in the Tijuana River Valley.

SOURCE:

The City of Tustin

SUPPORT:

None received

OPPOSITION:

None received

-- END --