Bill Text: CA AB861 | 2023-2024 | Regular Session | Amended

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Bill Title: Hazardous waste: Exide Technologies facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-06-14 - Referred to Com. on E.Q. [AB861 Detail]

Download: California-2023-AB861-Amended.html

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Amended  IN  Assembly  May 18, 2023

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 861

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Introduced by Assembly Member Santiago

February 14, 2023

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An act to add Section 25125.5 to the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL'S DIGEST

AB 861, as amended, Santiago. Hazardous waste: Exide Technologies facility.

Existing law tasks the Department of Toxic Substances Control with the responsibility to regulate the handling and management of hazardous waste. Existing law establishes in the department the Board of Environmental Safety, consisting of 5 voting members, as provided. Existing law charges the board with setting specified hazardous waste-related fees, hearing and deciding appeals of hazardous waste facility permit decisions, and providing opportunities for public hearings on individual permitted or remediation sites, among other responsibilities.

This bill would require the board to contract with an entity that has expertise in remediating contaminated sites for the purpose of reviewing the department’s residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The bill would require the contractor to use only existing data in its review, but, if necessary, the bill would authorize the contractor to take, review, and analyze limited samples. The bill would require the contractor to meet with members of the community to hear comments or concerns about the cleanup and provide its findings to the board, as specified. The bill would require the board to post the contractor’s findings on the board’s internet website.

This bill would make legislative findings and declarations as to the necessity of a special statute for the former Exide Technologies lead-acid battery recycling facility in the City of Vernon.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 25125.5 is added to the Health and Safety Code, to read:

25125.5.

 The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the department’s residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The

(a) Except as provided in subdivision (b), the contractor shall use only existing data in its review.

(b) If necessary, the contractor may take, review, and analyze limited samples, such as a representative sample size, for its review.

(c) The contractor shall, but is not limited to, meet with members of the community near the former Exide facility to hear the comments or concerns about the residential cleanup. The

(d) The contractor shall provide its findings to the board no later than January 1, 2027, and the findings shall be posted on the board’s internet website.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique challenges of cleaning up the former Exide Technologies lead-acid battery recycling facility in the City of Vernon.