| 1 | | - | Assembly Bill No. 1024 CHAPTER 474 An act to add Section 25358.6.2 to the Health and Safety Code, relating to hazardous substances. [ Approved by Governor October 04, 2021. Filed with Secretary of State October 04, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 1024, Santiago. Hazardous substances: cleanups: milestones and contracting.Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of hazardous substances.This bill would require the department, where feasible, to at least partially incorporate fixed-price contracting for contracts for the cleanup of hazardous substances released into the environment carried out by the department. The bill would require the department to establish performance milestones for cleanups of hazardous substances released into the environment carried out or overseen by the department to ensure that the cleanups are performed at the appropriate pace and to post on its internet website information regarding those cleanups, including specified information for each cleanup.This bill would require moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon to be used to repay the General Fund and the Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility, and to repay other sources of state funding for costs incurred for that same purpose. The bill would also require moneys recovered by the state to be used to repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund.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 contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department.(b) For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace.(2) Make available on the departments internet website easily accessible information about the cleanups, including all of the following for each cleanup: (A) The address of the site at which the cleanup is taking place.(B) The nature of the contamination.(C) The proposal to clean up the contamination, when available.(D) The estimated or actual time for review of the cleanup proposal.(E) Performance milestones for the cleanup established pursuant to paragraph (1).(F) A link to more detailed information on the cleanup in the departments EnviroStor database.SEC. 2. Moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon shall be used for the following purposes:(a) To repay the General Fund and Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(b) To repay other sources of state funding for costs incurred for oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(c) To repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund pursuant to subparagraph (E) or paragraph (1) of subdivision (b) of Section 25215.5. |
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| 1 | + | Enrolled September 03, 2021 Passed IN Senate August 30, 2021 Passed IN Assembly September 01, 2021 Amended IN Senate July 08, 2021 Amended IN Senate June 16, 2021 Amended IN Assembly May 24, 2021 Amended IN Assembly March 30, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1024Introduced by Assembly Member Santiago(Principal coauthor: Senator Gonzalez)(Coauthors: Assembly Members Carrillo, Cristina Garcia, Jones-Sawyer, and Stone)(Coauthors: Senators Archuleta, Durazo, and Wiener)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, Santiago. Hazardous substances: cleanups: milestones and contracting.Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of hazardous substances.This bill would require the department, where feasible, to at least partially incorporate fixed-price contracting for contracts for the cleanup of hazardous substances released into the environment carried out by the department. The bill would require the department to establish performance milestones for cleanups of hazardous substances released into the environment carried out or overseen by the department to ensure that the cleanups are performed at the appropriate pace and to post on its internet website information regarding those cleanups, including specified information for each cleanup.This bill would require moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon to be used to repay the General Fund and the Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility, and to repay other sources of state funding for costs incurred for that same purpose. The bill would also require moneys recovered by the state to be used to repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund.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 contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department.(b) For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace.(2) Make available on the departments internet website easily accessible information about the cleanups, including all of the following for each cleanup: (A) The address of the site at which the cleanup is taking place.(B) The nature of the contamination.(C) The proposal to clean up the contamination, when available.(D) The estimated or actual time for review of the cleanup proposal.(E) Performance milestones for the cleanup established pursuant to paragraph (1).(F) A link to more detailed information on the cleanup in the departments EnviroStor database.SEC. 2. Moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon shall be used for the following purposes:(a) To repay the General Fund and Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(b) To repay other sources of state funding for costs incurred for oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(c) To repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund pursuant to subparagraph (E) or paragraph (1) of subdivision (b) of Section 25215.5. |
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| 3 | | - | Assembly Bill No. 1024 CHAPTER 474 An act to add Section 25358.6.2 to the Health and Safety Code, relating to hazardous substances. [ Approved by Governor October 04, 2021. Filed with Secretary of State October 04, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 1024, Santiago. Hazardous substances: cleanups: milestones and contracting.Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of hazardous substances.This bill would require the department, where feasible, to at least partially incorporate fixed-price contracting for contracts for the cleanup of hazardous substances released into the environment carried out by the department. The bill would require the department to establish performance milestones for cleanups of hazardous substances released into the environment carried out or overseen by the department to ensure that the cleanups are performed at the appropriate pace and to post on its internet website information regarding those cleanups, including specified information for each cleanup.This bill would require moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon to be used to repay the General Fund and the Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility, and to repay other sources of state funding for costs incurred for that same purpose. The bill would also require moneys recovered by the state to be used to repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 3 | + | Enrolled September 03, 2021 Passed IN Senate August 30, 2021 Passed IN Assembly September 01, 2021 Amended IN Senate July 08, 2021 Amended IN Senate June 16, 2021 Amended IN Assembly May 24, 2021 Amended IN Assembly March 30, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1024Introduced by Assembly Member Santiago(Principal coauthor: Senator Gonzalez)(Coauthors: Assembly Members Carrillo, Cristina Garcia, Jones-Sawyer, and Stone)(Coauthors: Senators Archuleta, Durazo, and Wiener)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, Santiago. Hazardous substances: cleanups: milestones and contracting.Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of hazardous substances.This bill would require the department, where feasible, to at least partially incorporate fixed-price contracting for contracts for the cleanup of hazardous substances released into the environment carried out by the department. The bill would require the department to establish performance milestones for cleanups of hazardous substances released into the environment carried out or overseen by the department to ensure that the cleanups are performed at the appropriate pace and to post on its internet website information regarding those cleanups, including specified information for each cleanup.This bill would require moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon to be used to repay the General Fund and the Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility, and to repay other sources of state funding for costs incurred for that same purpose. The bill would also require moneys recovered by the state to be used to repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 14 | 27 | | |
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| 15 | 28 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 29 | | |
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| 17 | 30 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 31 | | |
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| 19 | 32 | | AB 1024, Santiago. Hazardous substances: cleanups: milestones and contracting. |
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| 20 | 33 | | |
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| 21 | 34 | | Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of hazardous substances.This bill would require the department, where feasible, to at least partially incorporate fixed-price contracting for contracts for the cleanup of hazardous substances released into the environment carried out by the department. The bill would require the department to establish performance milestones for cleanups of hazardous substances released into the environment carried out or overseen by the department to ensure that the cleanups are performed at the appropriate pace and to post on its internet website information regarding those cleanups, including specified information for each cleanup.This bill would require moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon to be used to repay the General Fund and the Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility, and to repay other sources of state funding for costs incurred for that same purpose. The bill would also require moneys recovered by the state to be used to repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund. |
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| 22 | 35 | | |
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| 23 | 36 | | Existing law authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of hazardous substances. |
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| 24 | 37 | | |
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| 25 | 38 | | This bill would require the department, where feasible, to at least partially incorporate fixed-price contracting for contracts for the cleanup of hazardous substances released into the environment carried out by the department. The bill would require the department to establish performance milestones for cleanups of hazardous substances released into the environment carried out or overseen by the department to ensure that the cleanups are performed at the appropriate pace and to post on its internet website information regarding those cleanups, including specified information for each cleanup. |
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| 26 | 39 | | |
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| 27 | 40 | | This bill would require moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon to be used to repay the General Fund and the Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility, and to repay other sources of state funding for costs incurred for that same purpose. The bill would also require moneys recovered by the state to be used to repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund. |
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| 28 | 41 | | |
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| 29 | 42 | | ## Digest Key |
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| 30 | 43 | | |
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| 31 | 44 | | ## Bill Text |
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| 32 | 45 | | |
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| 33 | 46 | | 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 contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department.(b) For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace.(2) Make available on the departments internet website easily accessible information about the cleanups, including all of the following for each cleanup: (A) The address of the site at which the cleanup is taking place.(B) The nature of the contamination.(C) The proposal to clean up the contamination, when available.(D) The estimated or actual time for review of the cleanup proposal.(E) Performance milestones for the cleanup established pursuant to paragraph (1).(F) A link to more detailed information on the cleanup in the departments EnviroStor database.SEC. 2. Moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon shall be used for the following purposes:(a) To repay the General Fund and Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(b) To repay other sources of state funding for costs incurred for oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(c) To repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund pursuant to subparagraph (E) or paragraph (1) of subdivision (b) of Section 25215.5. |
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| 34 | 47 | | |
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| 35 | 48 | | The people of the State of California do enact as follows: |
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| 36 | 49 | | |
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| 37 | 50 | | ## The people of the State of California do enact as follows: |
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| 38 | 51 | | |
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| 39 | 52 | | SECTION 1. Section 25358.6.2 is added to the Health and Safety Code, to read:25358.6.2. (a) For contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department.(b) For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace.(2) Make available on the departments internet website easily accessible information about the cleanups, including all of the following for each cleanup: (A) The address of the site at which the cleanup is taking place.(B) The nature of the contamination.(C) The proposal to clean up the contamination, when available.(D) The estimated or actual time for review of the cleanup proposal.(E) Performance milestones for the cleanup established pursuant to paragraph (1).(F) A link to more detailed information on the cleanup in the departments EnviroStor database. |
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| 40 | 53 | | |
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| 41 | 54 | | SECTION 1. Section 25358.6.2 is added to the Health and Safety Code, to read: |
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| 42 | 55 | | |
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| 43 | 56 | | ### SECTION 1. |
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| 44 | 57 | | |
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| 45 | 58 | | 25358.6.2. (a) For contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department.(b) For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace.(2) Make available on the departments internet website easily accessible information about the cleanups, including all of the following for each cleanup: (A) The address of the site at which the cleanup is taking place.(B) The nature of the contamination.(C) The proposal to clean up the contamination, when available.(D) The estimated or actual time for review of the cleanup proposal.(E) Performance milestones for the cleanup established pursuant to paragraph (1).(F) A link to more detailed information on the cleanup in the departments EnviroStor database. |
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| 46 | 59 | | |
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| 47 | 60 | | 25358.6.2. (a) For contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department.(b) For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace.(2) Make available on the departments internet website easily accessible information about the cleanups, including all of the following for each cleanup: (A) The address of the site at which the cleanup is taking place.(B) The nature of the contamination.(C) The proposal to clean up the contamination, when available.(D) The estimated or actual time for review of the cleanup proposal.(E) Performance milestones for the cleanup established pursuant to paragraph (1).(F) A link to more detailed information on the cleanup in the departments EnviroStor database. |
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| 48 | 61 | | |
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| 49 | 62 | | 25358.6.2. (a) For contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department.(b) For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace.(2) Make available on the departments internet website easily accessible information about the cleanups, including all of the following for each cleanup: (A) The address of the site at which the cleanup is taking place.(B) The nature of the contamination.(C) The proposal to clean up the contamination, when available.(D) The estimated or actual time for review of the cleanup proposal.(E) Performance milestones for the cleanup established pursuant to paragraph (1).(F) A link to more detailed information on the cleanup in the departments EnviroStor database. |
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| 50 | 63 | | |
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| 51 | 64 | | |
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| 52 | 65 | | |
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| 53 | 66 | | 25358.6.2. (a) For contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department. |
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| 54 | 67 | | |
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| 55 | 68 | | (b) For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following: |
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| 56 | 69 | | |
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| 57 | 70 | | (1) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace. |
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| 58 | 71 | | |
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| 59 | 72 | | (2) Make available on the departments internet website easily accessible information about the cleanups, including all of the following for each cleanup: |
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| 60 | 73 | | |
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| 61 | 74 | | (A) The address of the site at which the cleanup is taking place. |
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| 62 | 75 | | |
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| 63 | 76 | | (B) The nature of the contamination. |
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| 64 | 77 | | |
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| 65 | 78 | | (C) The proposal to clean up the contamination, when available. |
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| 66 | 79 | | |
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| 67 | 80 | | (D) The estimated or actual time for review of the cleanup proposal. |
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| 68 | 81 | | |
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| 69 | 82 | | (E) Performance milestones for the cleanup established pursuant to paragraph (1). |
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| 70 | 83 | | |
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| 71 | 84 | | (F) A link to more detailed information on the cleanup in the departments EnviroStor database. |
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| 72 | 85 | | |
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| 73 | 86 | | SEC. 2. Moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon shall be used for the following purposes:(a) To repay the General Fund and Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(b) To repay other sources of state funding for costs incurred for oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(c) To repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund pursuant to subparagraph (E) or paragraph (1) of subdivision (b) of Section 25215.5. |
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| 74 | 87 | | |
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| 75 | 88 | | SEC. 2. Moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon shall be used for the following purposes:(a) To repay the General Fund and Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(b) To repay other sources of state funding for costs incurred for oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility.(c) To repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund pursuant to subparagraph (E) or paragraph (1) of subdivision (b) of Section 25215.5. |
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| 76 | 89 | | |
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| 77 | 90 | | SEC. 2. Moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon shall be used for the following purposes: |
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| 78 | 91 | | |
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| 79 | 92 | | ### SEC. 2. |
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| 80 | 93 | | |
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| 81 | 94 | | (a) To repay the General Fund and Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility. |
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| 82 | 95 | | |
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| 83 | 96 | | (b) To repay other sources of state funding for costs incurred for oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility. |
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| 84 | 97 | | |
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| 85 | 98 | | (c) To repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund pursuant to subparagraph (E) or paragraph (1) of subdivision (b) of Section 25215.5. |
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