California Senate Bill SB93 Amended / Bill

 BILL NUMBER: SB 93AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 4, 2016 AMENDED IN ASSEMBLY FEBRUARY 22, 2016 INTRODUCED BY Senators De Len and Lara (Principal coauthors: Assembly Members Cristina Garcia, Gomez, Rendon, and Santiago) JANUARY 9, 2015 An act to amend the Budget Act of 2015  (Chapters 10 and 11 of the Statutes of 2015),  by  amending Item 3960-001-0557 of     adding Item 3960-011-0001 to  Section 2.00  of   of, and amending Section 39.00 of,  that act, relating to the state budget,  and making an appropriation therefor,  to take effect immediately, budget bill. LEGISLATIVE COUNSEL'S DIGEST SB 93, as amended, De Len. Budget Act of 2015. The Budget Act of 2015 appropriated  $55,136,000 from the Toxic Substances Control Account to   specified amounts for support of  the Department of Toxic Substances  Control for support of the department.   Control.   This bill would increase this appropriation by $176,600,000 to $231,736,000. The bill would require this increase to be used for costs related to the cleanup and testing of contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon. The bill would require the Director of Finance to make a loan of $176,600,000 from the General Fund to the account and would require all funds received through cost recovery efforts from responsible parties associated with the hazardous substance contamination in communities surrounding the Exide Technologies facility in the City of Vernon to be used to repay the loan.   This bill would require the Director of Finance to transfer up to $176,600,000 as a loan from the General Fund to the Toxic Substances Control Account for the Department of Toxic Substances Control to use for activities related to the lead contamination in the communities surrounding the Exide Technologies facility in the City of Vernon. This bill would require the department to repay these funds, as specified, and would authorize the Director of Finance to forgive any unpaid balance of the loan under specified circumstances.  This bill would declare that it is to take effect immediately as a Budget Bill. Vote: majority. Appropriation:  yes   no  . Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Item 3960-011-0001 is added to Section 2.00 of the   Budget Act of 2015   , to read:     3960-011-0001--For transfer by the   Controller, upon order of the Director   of Finance, from the General Fund to   the Toxic Substances Control Account ... (176,600,000)  Provisions:   1. The Director of Finance shall   transfer up to $176,600,000   as a loan from the General   Fund to the Toxic Substances   Control Account for the   Department of Toxic   Substances Control to use for   any of the following purposes:   (a) Activities related to   the cleanup and   investigation of   properties   contaminated with lead   in the communities   surrounding the Exide   Technologies facility   in the City of Vernon,   California.   (b) Notwithstanding   Section 25173.6 of the  Health and Safety   Code, job training   activities related to   the cleanup and   investigation of the   properties   contaminated with lead   in the communities   surrounding the Exide   Technologies facility   in the City of Vernon,   California.   (c) Actions taken to   pursue all available   remedies against   potentially   responsible parties,   including, but not   limited to, cost   recovery actions   against entities that   are potentially   responsible, for the   costs related to the   cleanup and   investigation of   properties   contaminated with lead   in the communities   surrounding the Exide   Technologies facility   in the City of Vernon,   California.   2. All funds recovered from the   potentially responsible   parties shall be used to   repay the loan made pursuant   to this item. If the amount   of moneys received from the   cost recovery efforts is   insufficient to fully repay   the loan made pursuant to   this item, the Director of   Finance may forgive any   remaining balance if, at   least 90 days before   forgiving any balance, the   Director of Finance submits a   notification to the Joint   Legislative Budget Committee.     SEC. 2.   Section 39.00 of the  Budget Act of 2015   is amended to read:  Sec. 39.00. The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92,  SB 93,  SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.  SEC. 3.   This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.   SECTION 1.   Item 3960-001-0557 of Section 2.00 of the Budget Act of 2015 is amended to read: 3960-001-0557--For support of Department of Toxic Substances Control, payable from the Toxic Substances Control Account....... 231,736,000 Schedule: (1) 3620011-Other Site Mitigation Activities........... 49,441,000 (2) 3630-Safer Consumer Products............. 13,946,000 (2.1) 3625-Hazardous Waste Management........... 3,326,000 (2.5) 9900100- Administration....... 204,000 (2.6) 9900200- Administration- -Distributed......... -204,000 (3) Reimbursements to 3620011-Other Site Mitigation Activities........... -11,433,000 (4) Reimbursements to 3630-Safer Consumer Products............. -144,000 (5) Exide Technologies facility contamination cleanup.............. 176,600,000 Provisions: 1. The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code. 2. The amount appropriated in this item includes state oversight costs at military installations. The expenditure of these funds shall not relieve the federal government of the responsibility to pay for all state oversight costs. The Department of Toxic Substances Control shall take all steps necessary to recover these costs from the federal government, including, but not limited to, filing civil actions authorized by state and federal law. 3. The funds appropriated in Schedule (5) shall be used for costs related to the cleanup and testing of contaminated properties in the communities surrounding the Exide Technologies facility in the City of Vernon. 4. The Director of Finance shall make a loan of $176,600,000 from the General Fund to the Toxic Substances Control Account, consistent with the following: (a) All funds received through cost recovery efforts from responsible parties associated with the hazardous substance contamination in communities surrounding the Exide Technologies facility in the City of Vernon shall be used to repay the loan. (b) To the extent the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loan, the Director of Finance may forgive any remaining balance, if, at least 90 days before forgiving any balance, the Director of Finance submits a notice and report of that action to the Joint Legislative Budget Committee.   SEC. 2.   This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.