AgdaPkt 2004-06-21 - Laserfiche WebLink

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� / � / / Legislative Bili Action ............................................................... deed restriction) on the site that would limit a open to our concerns and has accepted numerous different use of the land in the future if a different substantive and technical amendments requested clean up standard were necessary for the new land by the League and CRA. The League supports SB use. 493 as an appropriate and innovative way to encourage the clean up of contaminated The bill would designate that the state agencies brownfields that would most likely otherwise remain with cleanup oversight are the Department of Toxic contaminated, unused and unproductive. Substances Control, State Water Resources Con- trol Board or a regional water quality control board. Cities should send letters of support to the The bill does not delegate cleanup authority to author and members of the Assembly Environmen- local agencies tal Safety and Toxic Materials Committee and Assembly Judiciary Committee, where the bill soon The bill creates a comprehensive state agency will be heard. Staff: Yvonne Hunter; Status: cleanup process requiring approval of a cleanup AsEnvSafe&ToxMat and AsJud; Position: Support. plan by the oversight agency to address an "unrea- sonable risk" at the site that eliminates a significant PUBLIC SAFETY threat to human health or the environment, includ- ing impacts to groundwater. The cleanup plan must take into account the intended use of the property AB 1924 (Bogh). Fire Prevention. Penal- and the oversight agency can require a new ties. AB 1924 increases the fines for Public Re- cleanup plan if the use of the property changes. sources Code violations relating to fire and the Once the oversight agency approves the cleanup danger associated with the spread of �re. Specifi- plan, the new buyer or innocent landowner is cally, AB 1924 1) Increases the minimum fine from granted liability protection from specified state $50 to $100, and the maximum fine from $1,000 to statutes and third party actions, but only if they are $2,000, for any person convicted of entering upon in continuous compliance with the cleanup plan. any land which has been closed to the public by Governor's proclamation due to conditions tending The bill provides for a re-opener after the to cause or allow the rapid spread of fire; 2) In- cleanup is completed and approved by the over- creases the fine from a maximum of $200 to $500 sight agency if the condition at the site presents an for a first conviction for violating flammable waste "endangermenY' to human health and safety, and restrictions relating to solid waste facilities: and, 3) the oversight agency cannot find any other poten- Increases the minimum fine from $250 to $500 and tial responsible parties to remediate the condition. the maximum fine from $1,000 to $2,000 for a Finally, the bill specifically provides that it does not second or subsequent conviction of violating impact the authority of a redevelopment agency to flammable waste restrictions relating to solid waste continue to require and implement brownfield facilities. AB 1924 will increase the fines for activi- cleanups through the so-called Polanco Act. ties associated with contributing to wildfires, and make state law tougher to deter the illegal burning The measure sunsets in five years, although that occurs across California. AB 1924 gives cities the immunity conferred by the bill would continue and counties more authority to enforce laws prohib- beyond that period as long as the owner is in iting illegal burning. Staff: Liisa Lawson; Status: compliance with the requirements of the clean up SenPubSfty, Hrg. June 15; Position: Support. plan. The League has worked extensively with the author's office, sponsors and other stakeholders, as well as with the California Redevelopment Agency throughout the last five months. The author's office and sponsors have been extremely Visit the League's Official Web ite--www.cacities.org PRIORITY FOCUS/PAGE 9 _ ..__ . _ ._._ _