California 2021 2021-2022 Regular Session

California Assembly Bill AB1024 Introduced / Bill

Filed 02/18/2021

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1024Introduced by Assembly Member Santiago(Principal coauthor: Senator Gonzalez)(Coauthor: Assembly Member Cristina Garcia)(Coauthor: Senator Durazo)February 18, 2021 An act to add Section 25358.6.2 to the Health and Safety Code, relating to hazardous substances. LEGISLATIVE COUNSEL'S DIGESTAB 1024, as introduced, Santiago. Hazardous substances: correction and remedial actions: milestones and contracting.Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the Hazardous Waste Control Law or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release of hazardous substances.This bill would require the department to at least partially incorporate fixed-price contracting for the performance of the response or corrective actions. The bill would require the department to establish performance milestones for those actions to ensure that the actions are performed at the appropriate pace. The bill would require the department to post on its internet website the status and pace of all response or corrective actions undertaken by the department and would require the department to provide updates at least once every 6 months.This bill would specify the allocation of moneys appropriated by the Legislature for fiscal year 202122 to the department for the cleanup of the Exide Technologies facility in the City of Vernon, California.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25358.6.2 is added to the Health and Safety Code, to read:25358.6.2. (a) For a response or corrective action carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) At least partially incorporate fixed-price contracting for the performance of the response or corrective action.(2) Establish performance milestones for the response or corrective actions to ensure that the actions are performed at the appropriate pace.(b) The department shall post on its internet website the status and pace of all response or corrective actions undertaken by the department and shall update the status and pace of the actions at least once every six months.SEC. 2. Moneys appropriated by the Legislature for fiscal year 202122 to the Department of Toxic Substances Control for the cleanup of the Exide Technologies facility in the City of Vernon, California, shall be allocated as follows:(a) Thirty-one million four hundred thousand dollars ($31,400,000) shall be expended by the department to complete the cleanup of the 3,200 most contaminated properties identified by the department near the Exide Technologies facility. Of those 3,200 properties, expenditure of the moneys shall be prioritized to clean up the 31 contaminated childcare facilities, parks, and schools.(b) Three hundred ninety million dollars ($390,000,000) shall be expended by the department for the cleanup of the 4,600 residential properties contaminated by the Exide Technologies facility that are not the most contaminated properties described in subdivision (a).(c) One hundred nineteen million dollars ($119,000,000) shall be expended by the department for future closure and onsite corrective action at the Exide Technologies facility to complete all phases of the closure plan for that facility.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1024Introduced by Assembly Member Santiago(Principal coauthor: Senator Gonzalez)(Coauthor: Assembly Member Cristina Garcia)(Coauthor: Senator Durazo)February 18, 2021 An act to add Section 25358.6.2 to the Health and Safety Code, relating to hazardous substances. LEGISLATIVE COUNSEL'S DIGESTAB 1024, as introduced, Santiago. Hazardous substances: correction and remedial actions: milestones and contracting.Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the Hazardous Waste Control Law or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release of hazardous substances.This bill would require the department to at least partially incorporate fixed-price contracting for the performance of the response or corrective actions. The bill would require the department to establish performance milestones for those actions to ensure that the actions are performed at the appropriate pace. The bill would require the department to post on its internet website the status and pace of all response or corrective actions undertaken by the department and would require the department to provide updates at least once every 6 months.This bill would specify the allocation of moneys appropriated by the Legislature for fiscal year 202122 to the department for the cleanup of the Exide Technologies facility in the City of Vernon, California.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 1024

Introduced by Assembly Member Santiago(Principal coauthor: Senator Gonzalez)(Coauthor: Assembly Member Cristina Garcia)(Coauthor: Senator Durazo)February 18, 2021

Introduced by Assembly Member Santiago(Principal coauthor: Senator Gonzalez)(Coauthor: Assembly Member Cristina Garcia)(Coauthor: Senator Durazo)
February 18, 2021

 An act to add Section 25358.6.2 to the Health and Safety Code, relating to hazardous substances. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1024, as introduced, Santiago. Hazardous substances: correction and remedial actions: milestones and contracting.

Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the Hazardous Waste Control Law or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release of hazardous substances.This bill would require the department to at least partially incorporate fixed-price contracting for the performance of the response or corrective actions. The bill would require the department to establish performance milestones for those actions to ensure that the actions are performed at the appropriate pace. The bill would require the department to post on its internet website the status and pace of all response or corrective actions undertaken by the department and would require the department to provide updates at least once every 6 months.This bill would specify the allocation of moneys appropriated by the Legislature for fiscal year 202122 to the department for the cleanup of the Exide Technologies facility in the City of Vernon, California.

Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the Hazardous Waste Control Law or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release of hazardous substances.

This bill would require the department to at least partially incorporate fixed-price contracting for the performance of the response or corrective actions. The bill would require the department to establish performance milestones for those actions to ensure that the actions are performed at the appropriate pace. The bill would require the department to post on its internet website the status and pace of all response or corrective actions undertaken by the department and would require the department to provide updates at least once every 6 months.

This bill would specify the allocation of moneys appropriated by the Legislature for fiscal year 202122 to the department for the cleanup of the Exide Technologies facility in the City of Vernon, California.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 25358.6.2 is added to the Health and Safety Code, to read:25358.6.2. (a) For a response or corrective action carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) At least partially incorporate fixed-price contracting for the performance of the response or corrective action.(2) Establish performance milestones for the response or corrective actions to ensure that the actions are performed at the appropriate pace.(b) The department shall post on its internet website the status and pace of all response or corrective actions undertaken by the department and shall update the status and pace of the actions at least once every six months.SEC. 2. Moneys appropriated by the Legislature for fiscal year 202122 to the Department of Toxic Substances Control for the cleanup of the Exide Technologies facility in the City of Vernon, California, shall be allocated as follows:(a) Thirty-one million four hundred thousand dollars ($31,400,000) shall be expended by the department to complete the cleanup of the 3,200 most contaminated properties identified by the department near the Exide Technologies facility. Of those 3,200 properties, expenditure of the moneys shall be prioritized to clean up the 31 contaminated childcare facilities, parks, and schools.(b) Three hundred ninety million dollars ($390,000,000) shall be expended by the department for the cleanup of the 4,600 residential properties contaminated by the Exide Technologies facility that are not the most contaminated properties described in subdivision (a).(c) One hundred nineteen million dollars ($119,000,000) shall be expended by the department for future closure and onsite corrective action at the Exide Technologies facility to complete all phases of the closure plan for that facility.

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

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

SECTION 1. Section 25358.6.2 is added to the Health and Safety Code, to read:25358.6.2. (a) For a response or corrective action carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) At least partially incorporate fixed-price contracting for the performance of the response or corrective action.(2) Establish performance milestones for the response or corrective actions to ensure that the actions are performed at the appropriate pace.(b) The department shall post on its internet website the status and pace of all response or corrective actions undertaken by the department and shall update the status and pace of the actions at least once every six months.

SECTION 1. Section 25358.6.2 is added to the Health and Safety Code, to read:

### SECTION 1.

25358.6.2. (a) For a response or corrective action carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) At least partially incorporate fixed-price contracting for the performance of the response or corrective action.(2) Establish performance milestones for the response or corrective actions to ensure that the actions are performed at the appropriate pace.(b) The department shall post on its internet website the status and pace of all response or corrective actions undertaken by the department and shall update the status and pace of the actions at least once every six months.

25358.6.2. (a) For a response or corrective action carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) At least partially incorporate fixed-price contracting for the performance of the response or corrective action.(2) Establish performance milestones for the response or corrective actions to ensure that the actions are performed at the appropriate pace.(b) The department shall post on its internet website the status and pace of all response or corrective actions undertaken by the department and shall update the status and pace of the actions at least once every six months.

25358.6.2. (a) For a response or corrective action carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) At least partially incorporate fixed-price contracting for the performance of the response or corrective action.(2) Establish performance milestones for the response or corrective actions to ensure that the actions are performed at the appropriate pace.(b) The department shall post on its internet website the status and pace of all response or corrective actions undertaken by the department and shall update the status and pace of the actions at least once every six months.



25358.6.2. (a) For a response or corrective action carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:

(1) At least partially incorporate fixed-price contracting for the performance of the response or corrective action.

(2) Establish performance milestones for the response or corrective actions to ensure that the actions are performed at the appropriate pace.

(b) The department shall post on its internet website the status and pace of all response or corrective actions undertaken by the department and shall update the status and pace of the actions at least once every six months.

SEC. 2. Moneys appropriated by the Legislature for fiscal year 202122 to the Department of Toxic Substances Control for the cleanup of the Exide Technologies facility in the City of Vernon, California, shall be allocated as follows:(a) Thirty-one million four hundred thousand dollars ($31,400,000) shall be expended by the department to complete the cleanup of the 3,200 most contaminated properties identified by the department near the Exide Technologies facility. Of those 3,200 properties, expenditure of the moneys shall be prioritized to clean up the 31 contaminated childcare facilities, parks, and schools.(b) Three hundred ninety million dollars ($390,000,000) shall be expended by the department for the cleanup of the 4,600 residential properties contaminated by the Exide Technologies facility that are not the most contaminated properties described in subdivision (a).(c) One hundred nineteen million dollars ($119,000,000) shall be expended by the department for future closure and onsite corrective action at the Exide Technologies facility to complete all phases of the closure plan for that facility.

SEC. 2. Moneys appropriated by the Legislature for fiscal year 202122 to the Department of Toxic Substances Control for the cleanup of the Exide Technologies facility in the City of Vernon, California, shall be allocated as follows:(a) Thirty-one million four hundred thousand dollars ($31,400,000) shall be expended by the department to complete the cleanup of the 3,200 most contaminated properties identified by the department near the Exide Technologies facility. Of those 3,200 properties, expenditure of the moneys shall be prioritized to clean up the 31 contaminated childcare facilities, parks, and schools.(b) Three hundred ninety million dollars ($390,000,000) shall be expended by the department for the cleanup of the 4,600 residential properties contaminated by the Exide Technologies facility that are not the most contaminated properties described in subdivision (a).(c) One hundred nineteen million dollars ($119,000,000) shall be expended by the department for future closure and onsite corrective action at the Exide Technologies facility to complete all phases of the closure plan for that facility.

SEC. 2. Moneys appropriated by the Legislature for fiscal year 202122 to the Department of Toxic Substances Control for the cleanup of the Exide Technologies facility in the City of Vernon, California, shall be allocated as follows:

### SEC. 2.

(a) Thirty-one million four hundred thousand dollars ($31,400,000) shall be expended by the department to complete the cleanup of the 3,200 most contaminated properties identified by the department near the Exide Technologies facility. Of those 3,200 properties, expenditure of the moneys shall be prioritized to clean up the 31 contaminated childcare facilities, parks, and schools.

(b) Three hundred ninety million dollars ($390,000,000) shall be expended by the department for the cleanup of the 4,600 residential properties contaminated by the Exide Technologies facility that are not the most contaminated properties described in subdivision (a).

(c) One hundred nineteen million dollars ($119,000,000) shall be expended by the department for future closure and onsite corrective action at the Exide Technologies facility to complete all phases of the closure plan for that facility.