HEARING OF THE ASSEMBLY
COMMITTEE ON ENVIRONMENTAL
SAFETY AND TOXIC MATERIALS,
ALONG WITH THE SENATE COMMITTEE
ON ENVIRONMENTAL QUALITY. AS YOU
ALL KNOW, WE WILL HAVE MEMBERS
COMING IN AND OUT OF THE HEARING
TODAY AS THEY ARE ALSO ATTENDING
OTHER COMMITTEE ASSIGNMENTS,
WELCOME, EVERYONE TO THIS JOINT
HEARING. TODAY'S OVERSIGHT
HEARING IS THE THIRD SINCE THE
CREATION OF THE BOARD OF
ENVIRONMENTAL SAFETY THROUGH THE
ENACTMENT OF SB ONE 58IN 2021.
THIS BILL ESTABLISHED THE BOARD
OF ENVIRONMENTAL SAFETY TO
PROVIDE TRANSPARENCY AND
OVERSIGHT OF THE DEPARTMENT OF
TOXIC SUBSTANCES CONTROL. IT
ALSO INCLUDED SIGNIFICANT
FUNDING AND ADDITIONAL POSITIONS
FOR THE DEPARTMENT. A FULL TWO
YEARS HAS PASSED SINCE THE
FUNDING WAS APPROPRIATED, AND WE
WILL HOPEFULLY HAVE A GOOD
CONVERSATION ABOUT HOW THAT'S
ALL COME TOGETHER. AS OF NOW,
THERE HAVE BEEN SOME ISSUES
RAISED IN TERMS OF THE PROGRESS
THAT'S BEING MADE, OR PERHAPS
THE SLOWNESS OF THE PROGRESS,
AND THAT PROBABLY WILL BE PART
OF THE CONVERSATION TODAY, WE'RE
LOOKING FORWARD AS A LEGISLATURE
TO TALK ABOUT THE RESOURCES THAT
WERE ALLOCATED. THE RESOURCES
THAT PERHAPS MAY BE MENTIONED
ARE NECESSARY TO MOVE FORWARD,
NONETHELESS, LOOKING FORWARD TO
A VERY ROBUST DISCUSSION WITH
ALL OF YOU, TO THE FOLKS WHO
WILL BE PRESENTING, WE WILL
ALLOW FOR THOSE PRESENTATIONS
AND THEN OPEN IT UP FOR
QUESTIONS AND ANSWERS, WITH
THAT, I'LL ASK IF THERE ARE ANY
OTHER MEMBERS HERE WHO WOULD
LIKE TO MAKE ANY OPENING REMARKS
BEFORE WE ASK THE PRESENTERS TO
COME FORWARD? SEEING NONE,
PLEASE, JOIN US UP HERE AND,
WELCOME AGAIN. HELLO.
LARA. IS YOUR MICROPHONE OFF? I
THINK SO, THANK YOU. THANK YOU.
GIVE ME ONE MORE SECOND. GOOD
AFTERNOON, CHAIR GARCIA. MEMBERS
THANK YOU FOR DEDICATING TIME
FOR THIS HEARING. I'LL ADDRESS
MANY OF THE QUESTIONS THAT WERE
RAISED IN THE IN THE COMMITTEE
REPORT THROUGH MY COMMENTS. SO
THEY ARE QUITE LENGTHY. AND I
APOLOGIZE IN ADVANCE. AND PLEASE
BEAR WITH ME ALSO, BECAUSE I'M
NOT IN FULL VOICE TODAY. AS I
SAID LAST YEAR, THIS ANNUAL
HEARING GIVES US AN OPPORTUNITY
TO REFLECT ON WHERE WE'VE BEEN,
WHERE WE ARE, AND WHERE WE'RE
GOING. IT'S BEEN ANOTHER YEAR OF
TREMENDOUS MOVEMENT FOR THE
DEPARTMENT, AND WE'VE STAFFED UP
WITH THE RESOURCES THAT THE
DEPARTMENT. SO LONG LACKED. THE
BENEFITS ARE APPARENT THROUGHOUT
DTSC IN OUR PERMIT DECISIONS,
OUR ENFORCEMENT WORK, OUR
ABILITY TO ENGAGE WITH
COMMUNITIES, AND THE PACE OF
PROGRESS ON OUR SAFER CONSUMER
PRODUCTS PROGRAM AND OUR
DEVELOPMENT OF A HAZARDOUS WASTE
MANAGEMENT PLAN FOR THE STATE.
ALL THAT TO SAY, DTSC IS
TRANSFORMING INTO AN
ORGANIZATION THAT'S
STRATEGICALLY AND PROACTIVELY
ADDRESSES THE PROBLEMS THAT ARE
FACING CALIFORNIA, INCLUDING
CLIMATE CHANGE, HOUSING AND
TRANSIT, TRANSIT FRIENDLY GROWTH
AND ENVIRONMENTAL INJUSTICES AND
EVEN THE CIRCULAR ECONOMY. DTSC
HAS EVOLVED INTO AN ORGANIZATION
THAT DELIVERS ON THE PROMISE OF
ITS MISSION AND THE UNDERLYING
TENETS OF THE REFORM, WHICH MAY
HAVE APPEARED ASPIRATIONAL AT
THE TIME, ARE BECOMING A
REALITY. THOSE PRINCIPLES WERE
TRANSPARENCY, ACCOUNTABILITY AND
FISCAL STABILITY. THIS PROGRESS
HAS BEEN DRIVEN BY A STRONG,
UNIFIED AND DEDICATED LEADERSHIP
TEAM. WHETHER OUR DEPUTIES HAVE
A STRONG BACKGROUND IN IN PUBLIC
HEALTH OR THE LAW OR
COMMUNICATIONS AND OUTREACH,
THEY SHARE A DEEPLY EMBEDDED
SENSE AND COMMITMENT TO PUBLIC
SERVICE. SOME OF THE MEMBERS OF
OUR EXECUTIVE TEAM HAVE SERVED
FROM JUST PRIOR TO THE REFORM
PERIOD AND HELPED SHAPE THE
POLICIES THAT WENT INTO REFORM.
OTHERS WANTED TO CONTRIBUTE TO
IMPLEMENTING THE REFORM AND WERE
WILLING TO SIGN ON TO THE
CHALLENGES OF THAT
IMPLEMENTATION. AND MORE
RECENTLY, SOME OF THE SOME FOLKS
HAVE JOINED OUR OUR LEADERSHIP
TEAM BECAUSE THEY SEE A NEW DTSC
AND THEY WANT TO BE A PART OF
THAT NEW DTSC. SO JUST TWO WEEKS
AGO, WE SWORE IN ROBIN
CHRISTIANSEN AS THE DEPUTY
DIRECTOR FOR THE SAFER CONSUMER
PRODUCTS PROGRAM, AND WE DO WORK
TOGETHER AS A TEAM TO MAINTAIN
FOCUS ON OUR MISSION AND PROVIDE
THE LEADERSHIP NECESSARY TO
BUILD ON WHAT'S WORKING AND TO
TACKLE WHAT'S NOT. THE BIGGEST
CHALLENGE FACING THE DEPARTMENT
IS THE SHORTFALL IN REVENUE
GENERATION FROM THE GENERATION
AND HANDLING FEE. AS YOU WELL
KNOW, THERE ARE MULTIPLE REASONS
FOR THE UNDERLYING FOR THE FOR
THE SHORTFALL. OVERUSE OF
EXEMPTIONS, MISUNDERSTANDINGS
ABOUT THE PAYMENT REQUIREMENTS.
LAX COMPLIANCE. AND OUR TEAM IS
NOW IMPLEMENTING SEVERAL
SOLUTIONS AROUND THOSE ISSUES,
AROUND THOSE PARTICULAR ISSUES
TO CLOSE THAT GAP. AND I'M HAPPY
TO TALK ABOUT THOSE LATER. BUT
WE DEFINITELY WANT TO TAKE SOME
STEPS TO BE MORE CONSISTENT IN
THE USE OF THE STATUTORY
EXEMPTIONS. THAT'S ONE AREA THAT
WE'RE FOCUSING ON. AND THAT'S
IMPORTANT TO ENSURE EQUITABLE
DISTRIBUTION OF COSTS AMONG THE
FEE PAYERS. SO WE APPRECIATE THE
BOARD'S ATTENTION TO OUR OUR
GENERATION AND HANDLING FEE, AS
WELL AS THE LEGISLATURE'S
SUPPORT FOR THE PATH FORWARD AND
WE'LL CONTINUE TO PROVIDE
UPDATES TO YOU ON THAT WORK.
DTSC IS REALLY ENTERING A NEW
PHASE OF ORGANIZATIONAL
MATURITY. WE'VE PUT THE TALENT,
THE POLICIES AND THE PRACTICES
IN PLACE TO ADDRESS PROBLEMS
THAT HAVE LONG DOGGED THE
DEPARTMENT. IT'S A DEPARTMENT
THAT MANAGES ITS RESOURCES WELL
AND MEASURES ITS OUTCOMES. OUR
PERMITTING PROGRAM IS PERHAPS
THE MOST VISIBLE EXAMPLE OF OUR
MATURATION. THERE ARE NOW ONLY
TWO FACILITIES THAT ARE
OPERATING ON PERMITS THAT WERE
EXPIRED MORE THAN FIVE YEARS
AGO, FOR WHICH WE HAVEN'T
ALREADY PROPOSED A PERMIT
DECISION. THE FIRST IS THE ARO
KI¾M FACILITY, AND THAT'S A
FACILITY WHERE THERE WERE
NUMEROUS CHALLENGES TO THE
VIOLATION SCORING PROCEDURE. AND
THOSE CHALLENGES HAVE NOW BEEN
RESOLVED AND WE CAN MOVE FORWARD
WITH THE PERMIT DECISION LIKELY
IN OCTOBER. THE OTHER FACILITY
IS THE BUTTONWILLOW HAZARDOUS
WASTE LANDFILL. AND ONCE THE
KERN COUNTY CEQA PROCESS IS
COMPLETE, WE CAN THEN MOVE
FORWARD WITH OUR PERMIT
DECISION, AND WE DON'T SEE ANY
IMPEDIMENTS TO MOVING THAT
FORWARD. THREE OF THE PROPOSED
PERMIT DECISIONS DO WARRANT
MENTION HERE BECAUSE OF LONG
STANDING INTEREST IN THESE
FACILITIES AND BECAUSE THEY'RE
VAST IMPROVEMENTS OVER THE OLD
PERMITS. THE LEAD ACID BATTERY
RECYCLING FACILITY, FIBROTIC AND
THE KETTLEMAN HILLS LAND
HAZARDOUS WASTE LANDFILL. THE
DRAFT PERMITS WE'VE PROPOSED ARE
STRONG, AND THEY MAKE MAXIMUM
USE OF DTSC REGULATORY AUTHORITY.
THEY WERE DESIGNED TO ADDRESS
COMMUNITY CONCERNS AND ENSURE
SAFE OPERATIONS. IMPORTANTLY,
PROPOSED FINANCIAL ASSURANCES
AND ENFORCEMENT MEASURES ARE
VERY ROBUST. EQUALLY IMPORTANT
IS THE MANNER IN WHICH WE WORKED
WITH THE COMMUNITIES NEAR THESE
FACILITIES TO UNDERSTAND THEIR
CONCERNS. BEFORE WE ISSUED THE
PERMITS. WE ENGAGED EARLY AND WE
WILL CONTINUE THAT ENGAGEMENT IN
ORDER TO DEVELOP FINAL PERMIT
DECISIONS THAT ARE PROTECTIVE
AND RESPONSIVE TO COMMUNITY
CONCERNS. I'D LIKE TO DISCUSS
THREE AREAS OF DTSC THAT REFLECT
OUR MATURATION, AND TO GIVE YOU
AN UNDERSTANDING OF WHERE WE ARE
TODAY. I'LL SPEAK ABOUT
ENFORCEMENT PROCESSES ACROSS
DTSC PROGRAMS WHERE WE ARE WITH
THE SAFER CONSUMER PRODUCTS
PROGRAM AND OUR COMMUNITY
ENGAGEMENT EFFORTS. I'LL START
BY HIGHLIGHTING OUR ENFORCEMENT
WORK TO ILLUSTRATE DTZ'S
EVOLUTION. THE ENFORCEMENT
MISSION STATES IT BEST. IT CALLS
FOR US TO ACHIEVE A UNIFIED,
COMPREHENSIVE, EFFECTIVE, AND
EQUITABLE ENFORCEMENT PROGRAM
THAT PARTNERS WITH COMMUNITIES
AND THE REGULATED INDUSTRIES TO
ACHIEVE AND SUSTAIN FULL
COMPLIANCE. THE ENFORCEMENT
STRATEGIC PLAN CUTS ACROSS ALL
THREE DTSC CORE PROGRAMS,
STANDING ALONE. THESE CORE
PROGRAMS HAVE DIFFERENT
ENFORCEMENT TOOLS AND VARYING
LEVELS OF RESOURCES.
COORDINATION ACROSS THE PROGRAM
ENSURES A CONSISTENT, UNIFIED
APPROACH TO ENFORCEMENT. AGAIN,
PERMITTING REALLY EXEMPLIFIES
OUR ENFORCEMENT MINDSET. WE PUT
ENFORCEABILITY FRONT AND CENTER
IN THE BAT AND KETTLEMAN
PERMITS. THE PERMIT CONDITIONS
ARE VERY CLEAR, SO THE FACILITY
KNOWS WHAT'S EXPECTED OF THEM.
OUR INSPECTORS HAVE WHAT THEY
NEED TO GO OUT AND INSPECT AND
TO FIGURE OUT WHETHER OR NOT THE
FACILITY IS IN COMPLIANCE, AND
THEN WE USE OUR CONSIDERABLE
ENFORCEMENT AUTHORITY IF IN FACT,
THEY ARE NOT IN COMPLIANCE.
WE'VE IMPROVED INSPECTOR
TRAINING, INSPECTOR
DOCUMENTATION AND INSPECTOR
REPORT TURNAROUND TIMES. THE
IMPROVEMENTS ARE EVIDENT IN THE
VIOLATION SCORING PROCEDURE
SCORES. VSP IS PROVING TO BE A
GREAT TOOL FOR US FOR OUR
ENFORCEMENT TOOLBOX, AS WE'VE
ENFORCED VIOLATIONS MORE
RIGOROUSLY AND CONSISTENCY
CONSISTENTLY, WE'RE SEEING
BETTER COMPLIANCE, ESPECIALLY
WITH REGARD TO CLASS ONE
VIOLATIONS. AND AS A RESULT, VSP
SCORES ARE ACTUALLY TRENDING
DOWNWARD. THIS MEANS FEWER
UNCONTROLLED RELEASES AND SAFER
OPERATIONS WITH FEWER IMPACTS TO
THE PEOPLE WHO LIVE NEAR THESE
FACILITIES. WE WILL TAKE WHAT
WE'VE LEARNED IN THE PAST
SEVERAL YEARS IMPLEMENTING VSP
AND APPLY IT AS WE MOVE FORWARD
WITH RULEMAKING LATER THIS YEAR
TO REVISE THE VSP RUBRIC. BEFORE
I MOVE ON, I'D LIKE TO JUST
HIGHLIGHT A COUPLE OF
ENFORCEMENT CASES. THE FIRST
WOULD BE CHIQUITA CANYON
LANDFILL IN CASTAIC. MANY OF YOU
ARE AWARE THAT THERE IS A
CHEMICAL REACTION VERY DEEP IN
THAT LANDFILL. IT'S CAUSING
NOXIOUS ODORS, AND IT'S ALSO
GENERATING GREAT AMOUNTS OF
LIQUID, WHICH WE CALL LEACHATE,
SOME OF WHICH MUST BE PUMPED OUT
OF THE LANDFILL AND MANAGED AS
HAZARDOUS WASTE. IT'S A MASSIVE
PROBLEM, AND THE COMMUNITIES ARE
HIGHLY IMPACTED. DTSC HAS BEEN
PARTICULARLY FOCUSED ON THE
LEACHATE MANAGEMENT AT THE
LANDFILL TO ENSURE THAT THE
FACILITY IS RESPONDING
APPROPRIATELY AND WITH URGENCY.
OUR TEAM HAS WORKED CLOSELY WITH
THE NETWORK OF PARTNER AGENCIES
OVERSEEING THE LANDFILL. THUS
FAR, WE'VE ISSUED TWO SUMMARIES
OF VIOLATIONS AND WE CONTINUE TO
INVESTIGATE THE LANDFILLS
ACTIVITIES IN RESPONSE TO THOSE
SOVS. CHIQUITA IS NO LONGER
SENDING HAZARDOUS, LEAST
HAZARDOUS LEACHATE LEACHATE TO
NON-HAZARDOUS WASTE FACILITIES.
A DTSC INVESTIGATION OF LAMB
FUELS RESULTED IN CHARGES FOR
THREE DEFENDANTS FOR ILLEGAL
ILLEGAL TRANSPORTATION AND
TREATMENT OF HAZARDOUS WASTE.
THREE DEFENDANTS ARE ALLEGED TO
HAVE COLLECTED CONTAMINATED
WASTE FROM FUEL SCRAPYARDS AND
SOLD IT AS NEW FUEL TO GAS
STATIONS AROUND THE STATE FOR AT
LEAST A DECADE. MOST OF THE GAS
STATIONS THAT RECEIVED THIS
WASTE, THIS CONTAMINATED FUEL,
ARE IN COMMUNITIES THAT ARE
ALREADY HISTORICALLY SUFFERING
FROM ENVIRONMENTAL INJUSTICES.
AND WHAT THAT MEANS IS THAT
UNAWARE CONSUMERS BOUGHT THIS
WASTE THINKING THAT IT WAS NEW
FUEL AND PUT IT INTO THEIR
VEHICLES. DTSC WORKED WITH THE
ATTORNEY GENERAL'S OFFICE TO
BRING CRIMINAL CHARGES AGAINST
THREE OF THE LAMB EXECUTIVES.
BASED ON LEGISLATIVE ACTIVITY
OVER THE PAST YEAR. I KNOW YOU
SHARE OUR CONCERN ABOUT ENSURING
THAT METAL SHREDDERS SHREDDERS
AROUND THE STATE OPERATE SAFELY,
ESPECIALLY BECAUSE, AGAIN, SO
MANY OF THOSE FACILITIES ARE
LOCATED IN VULNERABLE
COMMUNITIES IN THE ABSENCE OF A
COMPREHENSIVE REGULATORY
FRAMEWORK FOR METAL SHREDDERS,
WE'RE RELYING ON STRONG
ENFORCEMENT TO ENSURE THEIR SAFE
OPERATION THIS YEAR. DTSC
INSPECTED SEVEN, HAVE CONDUCTED
SEVEN INSPECTIONS AT SIX, AND
THIS IS ONLY SO FAR THIS YEAR.
SIX OF THE NINE METAL SHREDDERS
IN THE STATE COMING OUT OF THOSE
INSPECTIONS, WE ISSUED 18 CLASS
ONE VIOLATIONS. THOSE ARE THE
MOST SERIOUS VIOLATIONS, ONE
CLASS TWO VIOLATION AND TEN
MINOR VIOLATIONS. THE CLASS ONE
VIOLATIONS INCLUDE THINGS LIKE
ILLEGAL TREATMENT OF HAZARDOUS
WASTE, ILLEGAL STORAGE OF
HAZARDOUS WASTE, AND FAILURE TO
OPERATE THE FACILITY IN A MANNER
THAT WOULD CONTROL THE
POSSIBILITY OF A FIRE OR
RELEASES OF HAZARDOUS WASTE. IN
APRIL, DTSC AND THE ATTORNEY
GENERAL ISSUED A CEASE AND
DESIST ORDER TO SIMS METALS. IN
REDWOOD CITY TO REQUIRE THEM TO
ADDRESS THEIR CONTINUED OFF SITE
RELEASES. ALL OF THIS POINTS TO
WHY DTSC MUST MAINTAIN OUR FOCUS
ON METAL SHREDDERS. ALTHOUGH
LESS VISIBLE, OUR ENFORCEMENT
AUTHORITY FOR CLEANUPS IS AN
IMPORTANT TOOL TO MAKE SURE THAT
CLEANUPS MOVE FORWARD AND THAT
RESPONSIBLE PARTIES MEET THEIR
OBLIGATIONS. IN THE CASE OF THE
ECOBANK FACILITY, WE ARE
REQUIRING SOIL SAMPLING AND
POSSIBLY SUBSEQUENT CLEANUP
UNDER AN ENFORCEABLE CORRECTIVE
ACTION CONSENT AGREEMENT. SO
WHILE THE PERMIT IS OF COURSE
IMPORTANT, THE ABILITY TO HOLD
ACCOUNTABLE FOR OFF SITE
RELEASES COMES THROUGH OUR
CLEANUP ORDER AUTHORITY. OUR
SAFER CONSUMER PRODUCTS IS
RAMPING UP ITS COMPLIANCE,
ENFORCEMENT AND ENFORCEMENT
ACTIVITIES. WE'VE TESTED. FOR
INSTANCE, THE PILE AND BACKING
OF ABOUT 200 CARPETS AND RUGS.
FORTUNATELY WE FOUND THAT ONLY
ONE COMPANY WAS OUT OF
COMPLIANCE INITIALLY, AND IT'S
STOPPING SALES WITHIN
CALIFORNIA, COMPLIANCE WORK HAS
ALSO BEEN CONDUCTED FOR
METHYLENE CHLORIDE AND NAIL
PRODUCTS. SO AS YOU CAN SEE, OUR
OUR ENFORCEMENT WORK CUTS ACROSS
ALL OF THE PROGRAMS WITHIN THE
DEPARTMENT LEADING TO
ENFORCEMENT. I WANT TO TALK
ABOUT SAFER CONSUMER PRODUCTS. I
KNOW YOU'RE INTERESTED IN THAT
PROGRAM, AND I HOPE YOU'VE HAD A
CHANCE TO LOOK AT THE FACT SHEET
THAT WE PROVIDED OR PERHAPS THE
TEN YEAR ACCOMPLISHMENTS REPORT
THAT WE PUBLISHED LAST FALL. IN
THE EARLY YEARS OF IMPLEMENTING
SCP, WE SIMPLY DIDN'T HAVE THE
RESOURCES TO IMPLEMENT EACH OF
THE FOUR STEPS OF THE
REGULATIONS. WE DIDN'T HAVE
ENOUGH STAFF TO MANAGE MORE THAN
A COUPLE OF REGULATIONS PACKAGES
A YEAR, OR TO EVALUATE
ALTERNATIVES, ANALYZES, AND WE
DIDN'T HAVE ANY COMPLIANCE
ENFORCEMENT STAFF. NOW, WITH THE
FULL STAFF ON BROUGHT ON IN THE
LAST TWO YEARS, ALL THAT HAS
CHANGED. THE PROGRAM HAS
INVESTED TIME AND ENERGY IN
TRAINING STAFF, AND THEY'RE NOW
CONTRIBUTING TO OUR
IMPLEMENTATION OF ALL OF THE
ELEMENTS OF THE REGULATIONS. SO
I'D LIKE TO GIVE YOU A BROAD
OVERVIEW OF THE ACTIVITY IN
SAFER CONSUMER PRODUCTS. RIGHT
NOW, WE'RE ACCEPTING PUBLIC
COMMENT ON THREE DIFFERENT
PROPOSED PRIORITY PRODUCTS.
WE'VE IDENTIFIED PROBLEMATIC
CHEMICALS IN ARTIFICIAL TURF,
NAILS, NAIL PRODUCTS AND
PERSONAL CARE AND CLEANING
PRODUCTS. AND THERE ARE
NUMEROUS, NUMEROUS OTHER PRODUCT
CHEMICAL COMBINATIONS BEING
EVALUATED WITH THE EXPECTATION
THAT OVER THE NEXT TWO YEARS, WE
MAY ADOPT AS MANY AS NINE
PRIORITY PRODUCTS AS THE FIRST
REGULATORY RESPONSE IS UNDER
DEVELOPMENT FOR SPRAY
POLYURETHANE FOAM CONTAINING
UNREACTED MDI. OUR PROPOSAL
WOULD REQUIRE THAT USERS RECEIVE
SAFETY TRAINING BEFORE THEY USE
THAT PRODUCT, AND THE REGULATORY
RESPONSE WOULD ALSO REQUIRE
INDUSTRY TO COLLECTIVELY PUT IN
A POT $8 MILLION FOR A GREEN
CHEMISTRY INNOVATION FUND FOR
RESEARCH TO FIND AND DEVELOP
SAFER ALTERNATIVES TO SPRAY FOAM
WITH MDI. AND WE'RE DOING THAT
WORK AND WE'RE DOING THAT
IMPORTANT WORK. ALTHOUGH AND
WE'RE DOING OTHER IMPORTANT
WORK, ALTHOUGH NOT NECESSARILY
STRICTLY THE REGULATIONS. AND
THAT IS TO ADVANCE THE SCIENCE
AND INCENTIVIZE INNOVATION. THE
GREEN CHEMISTRY LAWS WERE
CRAFTED SO THAT THE DECISIONS WE
MAKE WOULD BE BASED ON SOUND
SCIENCE. TO THAT END, DTSC
PUBLISHES REGULARLY, REGULARLY
IN THE SCIENTIFIC LITERATURE. A
STUDY WE PUBLISHED LAST MONTH
WAS THE FIRST STUDY EVER TO
ESTIMATE THE TOTAL AMOUNT. TOTAL
MASS OF PFAS CONTAINED IN
COSMETICS SOLD IN CALIFORNIA,
BASED ON THE DATA FROM
WASTEWATER TREATMENT PLANTS
AROUND THE SAN FRANCISCO BAY, WE
ESTIMATE THAT COSMETICS MAY
ACCOUNT FOR AT LEAST 4% OF THE
PFAS MEASURED IN WASTEWATER.
THIS INFORMATION HELPS US
UNDERSTAND WHERE WE CAN TAKE
ACTION FOR AGAINST PFAS. LASTLY,
SAFER CONSUMER PRODUCTS FOURTH
PRIORITY PRODUCT WORK PLAN IS
BEING FINALIZED AND IT'S THE
MOST AMBITIOUS YET. WE ARE
TACKLING SOME BIGGER PRODUCT.
PRODUCT CATEGORIES AND THE
NUMBER OF PRODUCTS THAT WILL BE
GENERATED FROM THAT PLAN IS MUCH
GREATER THAN IN THE PAST. THE
NEW AUTHORITIES PROVIDED BY SB
502 TO STRENGTHEN THE DATA CALL
INS AND TO MOVE MORE QUICKLY TO
REGULATORY RESPONSE, WILL ONLY
ACCELERATE OUR WORK. CEPI HAS
RECENTLY PASSED SEVERAL OTHER
SIGNIFICANT MILESTONES RELATED
TO CANDIDATE CHEMICALS LIST OR
EVALUATION OF ALTERNATIVES,
ANALYZES, AND AN INCENTIVE AND
RECOGNITION PROGRAM FOR
MANUFACTURERS OF SAFER
ALTERNATIVES. BUT IN THE
INTEREST OF TIME, I'LL STOP
THERE. NOW, I'D LIKE TO TALK
ABOUT OUR ORGANIZATIONAL. THE
LAST AREA OF OUR ORGANIZATIONAL
MATURITY, WHICH IS PERHAPS THE
MOST IMPORTANT ARGUMENT FOR
WHERE WE ARE AS A DEPARTMENT.
AND THAT IS OUR COMMUNITY
ENGAGEMENT. SINCE WE WERE LAST
BEFORE THESE COMMITTEES, DTSC
HAS CONTINUED TO DEEPEN OUR
APPROACH TO COMMUNITY
ENGAGEMENT. WE'RE LEARNING FROM
THE PEOPLE WHO LIVE NEAR CLEANUP
PROJECTS, NEAR HAZARDOUS WASTE
FACILITIES, FACILITIES, OR
HAZARDOUS WASTE GENERATORS. AND
THE RESULT IS THAT WE ARE
FINDING OPPORTUNITIES TO
COMMUNICATE BETTER, BE MORE
TRANSPARENT, AND MOST
IMPORTANTLY, PROVIDE BETTER
ENVIRONMENTAL PROTECTION. WE'RE
PURSUING A CULTURE THAT VALUES
STAKEHOLDER COLLABORATION. WE'RE
USING MORE COMMUNITY FRIENDLY
OUTREACH TACTICS, AND WE'RE
USING EXTENDED PUBLIC COMMENT
PERIODS TO ALLOW COMMUNITY
GROUPS THAT ONLY HAVE LIMITED
RESOURCES, MORE TIME, ADEQUATE
TIME TO PARTICIPATE IN OUR
PROCESSES. FUNDAMENTALLY MORE
STAFF ARE INTERACTING WITH MORE
COMMUNITY MEMBERS, AND THE LINES
OF COMMUNICATION HAVE TRULY
OPENED UP. A LOT OF OUR
COMMUNITY ENGAGEMENT. INNOVATION
HAS COME AS A RESULT OF THE
EXIDE CLEANUP, AND WE'VE REALLY
TRANSFORMED HOW WE WORK WITH
PEOPLE IN THE NEIGHBORHOODS
SURROUNDING THAT FACILITY IN THE
LAST YEAR AND A HALF, WE'VE
ADOPTED CUSTOMER SERVICE
ORIENTED MINDSET WITH MORE
DYNAMIC INTERACTIONS AT OUR
WORKSHOPS AND OUR COMMUNITY
MEETINGS. WE HAVE BIWEEKLY
WORKING GROUP MEETINGS, AND
THOSE ARE AUGMENTED BY OUR
REGULAR PUBLIC MEETINGS OF THE
EXIDE TECHNOLOGIES ADVISORY
GROUP. WE LAUNCHED A USER
FRIENDLY WEBSITE WITH CONTENT
DESIGNED TO INFORM AND BE MORE
ENGAGING, AND WE'VE NOW JUST
LAST WEEK, OPENED OFFICE HOURS
SO THAT COMMUNITY MEMBERS CAN
COME BY OR WE CAN BE OUT IN THE
COMMUNITY AND PEOPLE CAN ASK US
QUESTIONS IN PERSON. WE
COMPLETELY REIMAGINED THE
CONTRACTING PROCESS FOR THE
RESIDENTIAL CONTRACT, AND WE DID
THAT TO BE MORE RESPONSIVE TO
COMMUNITY FEEDBACK ON THE
WORKING ENVIRONMENT, TENANT
ISSUES AND VERIFICATION OF
COMPLETED WORK IN RESPONSE TO
THE COMMUNITY. A THIRD PARTY
MONITOR IS NOW IN PLACE FOR THE
EXIDE CLEANUP TO OBSERVE THE
WORK AND IDENTIFY AREAS FOR
IMPROVEMENT. THE MONITOR
REGULARLY REPORTS FINDINGS TO
OUR EXECUTIVE TEAM AND WILL BE
PRESENTING AT PUBLIC MEETINGS
AND SOON WE'LL LAUNCH A TEXT
ALERT SYSTEM TO PROMOTE
COMMUNITY EVENTS, WORK UPDATES
AND PUBLIC COMMENT PERIODS. AND
WE'RE GOING TO BE EMPLOYING THAT
AT EXIDE. BUT IT'S THIS THESE
ARE TOOLS THAT CAN BE USED ALL
OVER THE STATE. AND ALTHOUGH
THEY'RE GOING TO BE USED FOR THE
STATE, WE'VE REALLY USED EXIDE
TO JUMPSTART THAT KIND OF
ENGAGEMENT. WE'RE IN THE LAST
YEAR OF OUR APPROPRIATION FOR
THE EXIDE RESIDENTIAL AND
FACILITY CLEANUP, AND BY THE END
OF THE FISCAL YEAR, WE WILL HAVE
CLEANED UP NEARLY 6000 HOMES.
THE NATIONAL PRIORITIES LIST
LISTING IS MOVING FORWARD, AND
WE'RE COLLABORATING VERY CLOSELY
WITH US. EPA WE'RE COORDINATING
TO ENSURE THAT THERE'S A
SEAMLESS TRANSITION AS AS
POSSIBLE AS THE SITE MOVES
THROUGH THE SUPERFUND PROCESS.
THE STAFF REPORT DESCRIBED THE
ENVIRONMENTAL JUSTICE ADVISORY
COMMITTEE THAT WAS OUR COUNCIL
THAT WAS CALLED FOR IN SB 158.
THE EJAC WILL PROVIDE ADVICE AND
CONSULTATION AND RECOMMENDATIONS
TO THE DIRECTOR AND TO THE
BOARD. WE'VE SPENT TIME LEARNING
FROM THE EXPERIENCES OF OTHER
AGENCIES WHO HAVE SIMILAR
BODIES, AND WE BELIEVE WHAT
WE'VE LEARNED THERE WILL RESULT
IN A MORE EFFECTIVE COUNCIL THAT
CAN FOCUS ITS ATTENTION ON THE
MOST PRESSING ISSUES. WE PLAN TO
BEGIN ACCEPTING APPLICATIONS IN
SEPTEMBER, SO THAT PANEL
MEMBERSHIP CAN BE FINALIZED BY
NOVEMBER. THE BOARD PROVIDED
THEIR THEIR REVIEW OF THE
CLEANUP AND VULNERABLE
COMMUNITIES INITIATIVE, OR CVC.
CVC CONTINUES TO ENGAGE WITH
COMMUNITIES ABOUT THE INITIATIVE
OUR STAFF HAVE HAD. ACTUALLY,
WE'VE MADE CONTACT WITH OVER
202,300 INDIVIDUALS THROUGH
WEBINARS OR EMAIL COMMUNICATIONS
OR TRAININGS, AND WE ROUTINELY
SEND OUT AN E-NEWSLETTER TO
COMMUNICATE OUR PROGRESS. SOME
OF OUR PROGRAMS, LIKE THE
DISCOVERY AND ENFORCEMENT
PROGRAM, ALSO HAVE REGIONAL
WEBINARS AND LOCAL AND WORK WITH
LOCAL PUBLIC HEALTH AGENCIES TO
INFORM COMMUNITIES OF SITE
SPECIFIC ACTIVITIES. OUR
ENGAGEMENT IS LEADING TO A
BETTER UNDERSTANDING OF HOW WE
CAN EMBED ENVIRONMENTAL JUSTICE
INTO THE CVC PROGRAM. FOR
INSTANCE, ALTHOUGH LOCAL LAND
USE DECISIONS REALLY DICTATE THE
POTENTIAL FOR GENTRIFICATION AND
REALLY DRIVE IT, DTSC NOW
UNDERSTANDS WHAT WE CAN DO TO
ACTIVELY CONSIDER THE POTENTIAL
FOR GENTRIFICATION AS WE MAKE
DECISIONS ABOUT WHO TO AWARD
GRANTS TO. SO THAT IS NOW
CONSIDERED IN FOR PROJECT
ELIGIBILITY. RECENT FUNDING CUTS
TO CVC REQUIRE US TO PIVOT, BUT
OUR WORK DOES CONTINUE ON THIS
PROGRAM. SB 673 WAS SIGNED INTO
LAW TO IMPROVE THE PERMITTING
PROCESS AND INCREASE COMMUNITY
PROTECTION THROUGH STRONGER
PERMIT CRITERIA. DTSC DIVIDED
THE REGULATIONS AS A REMINDER
INTO TWO TRACKS AND IN 2019,
DTSC IMPLEMENTED WHAT WE CALL
TRACK ONE. THE MOST NOTABLE
FACTORS OR ELEMENTS WERE, WERE
THE VIOLATION SCORING PROCEDURE
AND STRONGER FINANCIAL ASSURANCE
REQUIREMENTS. AND THERE WERE ALL
TOLD THERE WERE SEVEN, SEVEN,
FIVE OF THE SEVEN PERMIT
CRITERIA WERE INCLUDED IN TRACK
ONE. DTSC IS NOW CURRENTLY
WORKING TOWARDS IMPLEMENTING
THE. THE FINAL TWO PERMIT
CRITERIA IN TRACK TWO, WE'RE
RELEASING THREE INFORMATIONAL
SHEETS TO COMMUNICATE OUR
REVISED FRAMEWORK FOR TRACK TWO.
THE INFORMATIONAL SHEETS OUTLINE
THE GOALS OF THE FRAMEWORK AND
WHAT OUR POLICY APPROACH IS. THE
FIRST SHEET WAS INCLUDED IN THE
MATERIALS PROVIDED TO YOU, SO
HOPEFULLY YOU'VE HAD A CHANCE TO
LOOK AT THOSE. THE INFORMATIONAL
SHEETS ARE INTENDED TO EXPLAIN
THE FRAMEWORK WE'VE LANDED ON,
SO THAT AS WE BEGIN RULEMAKING
LATER THIS FISCAL YEAR,
STAKEHOLDERS WILL BE PREPARED TO
COMMENT ON THE PROPOSED
REGULATION COMMUNITY IS THE WHY
BEHIND SB 673? SO THE FIRST
THREE OF THE FIRST OF OUR THREE
GOALS IS CENTERED AROUND
COMMUNITY ENGAGEMENT WITH THOSE
IMMEDIATELY IMPACTED BY THE
PERMITTED FACILITIES THAT FIRST
SHEET OUTLINES OUR REQUIREMENTS,
NEW REQUIREMENTS FOR PERMITTEES
TO ENGAGE WITH COMMUNITIES. THE
NEW REGULATIONS WILL PLACE
COMMUNITY INPUT AND EXPERIENCE
AT THE BEGINNING OF THE PERMIT
PROCESS, RATHER THAN AT THE END.
COMMUNITY EXPERIENCE WILL NO
LONGER BE AN AFTERTHOUGHT, AND
THAT'S BEEN A LONG STANDING
FRUSTRATION WITH DTSC. BUT
INSTEAD THAT INPUT WILL BE TAKEN
INTO CONSIDERATION BEFORE A
FACILITY CAN EVEN BE ALLOWED TO
SUBMIT ITS APPLICATION. WE SAW
THE VALUE OF EARLIER COMMUNITY
INPUT AS WE CRAFTED OUR
KETTLEMAN AND ECOBANK DECISIONS.
THE OTHER TWO FACT SHEETS WILL
CENTER AROUND COMMUNITY
VULNERABILITY AND SETBACKS, AND
WE EXPECT TO RELEASE THOSE BY
THE END OF THE END OF SEPTEMBER.
THERE ARE OTHER EXAMPLES OF OUR
WORKING WITH COMMUNITIES, AND I
DON'T HAVE TIME TO ENUMERATE
THEM. BUT I'LL MENTION ONE MORE.
AND THAT'S IN THE WAKE OF THE
SCHNITZER FIRE RADIUS RECYCLING
FIRE LAST SUMMER, CAL EPA AND
U.S. EPA CONVENED A RAPID
RESPONSE TASK FORCE WITH THE 11
REGULATORY AGENCIES
PARTICIPATING IN THE RESPONSE.
THE WEST OAKLAND ENVIRONMENTAL
ENVIRONMENTAL INDICATORS PROJECT
HAS PARTICIPATED IN THOSE
CONVENINGS, AND THEY'VE ACTUALLY
PLAYED A VERY CENTRAL ROLE IN
SHAPING THE RESPONSE. THEY'VE
SURVEYED COMMUNITY MEMBERS ABOUT
THEIR EXPERIENCE. THEY'VE
FACILITATED MEETINGS, AND
THEY'RE LOOKING FOR WAYS TO
PURSUE LONG TERM SOLUTIONS. U.S,
EPA AND CAL EPA PLAN TO MODEL
OTHER TASK FORCES ON THE WEST
OAKLAND EXAMPLE. AND IN MAY, THE
BOARD OF ENVIRONMENTAL SAFETY
HEARD PRESENTATIONS FROM DTSC,
THE INDICATORS PROJECT, AND THE
FACILITY ITSELF AND THE DIALOG
ACROSS ALL PROJECTS, ALL PARTIES
WAS VERY PROMISING AS A MODEL
FOR LOOKING FOR MORE SOLUTION
ORIENTED APPROACHES, WE CONTINUE
TO WORK CLOSELY WITH THE BOARD
TO PROVIDE THEM WITH THE
INFORMATION THEY NEED TO FULLY
FULFILL TO FULFILL THEIR
MANDATE, AND AS THE BOARD GETS
MORE ESTABLISHED, ITS VALUE IS
MORE OBVIOUS. THE FORUM THE
BOARD PROVIDES FOR DIGGING INTO
DTSC PROJECTS AND ISSUES ENABLES
A WIDE RANGE OF INTERESTED
PARTIES TO GET A BETTER
UNDERSTANDING OF DTSC THE BEST
CHALLENGES US AND HAS PROVIDED
VALUABLE INPUT FOR PLANNING AND
EXECUTION OF OUR DEPARTMENT'S
WORK. WE'RE NOW. WE'VE NOW BEEN
THROUGH A FULL CYCLE OF
ESTABLISHING DEPARTMENTAL
PRIORITIES AND EVALUATION, AND
THE BOARD EVALUATING OUR
PERFORMANCE AGAINST THOSE
PRIORITIES FOR EACH OF OUR
PRIORITIES. WE PROVIDE METRICS
AND DELIVERABLES AGAINST WHICH
THE BOARD CAN MEASURE OUR
PROGRESS. WE'RE PARTNERING WITH
THE BOARD TO IMPROVE THOSE
METRICS SO THAT THEY CAN PROVIDE
A TRANSPARENT, EFFECTIVE MEANS
OF CAPTURING THE PERFORMANCE OF
DTSC PROGRAM CHAIR RIZZO WILL
ADDRESS METRIC DEVELOPMENT IN
HER COMMENTS. FURTHER, WE EXPECT
THE BOARD TO CONTINUE TO PUSH TO
MAKE DTSC BETTER. ALL TOLD, DTSC
JUST IT FEELS DIFFERENT. IT
REALLY DOES. PUBLIC HEALTH IS
MORE CENTRAL TO OUR DECISION
MAKING ENGAGEMENT IS THE NORM
AND WE BELIEVE IT OR NOT, WE DO
EXECUTE MORE CONSISTENTLY. WE'RE
WE'RE BRAVER. WE'RE BOLDER ABOUT
ADVANCING POLICIES THAT ARE MORE
PROTECTIVE. AND I'LL PUT THAT'S
THE SIGN OF A MUCH MORE MATURE
ORGANIZATION. THE STABILITY OF
THE ORGANIZATION ALLOWS US TO BE
MORE FORWARD THINKING, FORWARD
LOOKING, PROACTIVE RATHER THAN
REACTIVE. AND THIS COULDN'T COME
AT A MORE IMPORTANT TIME. THE
DEPARTMENT'S WORK TOUCHES MANY
OF THE MOST PRESSING
ENVIRONMENTAL AND SOCIAL ISSUES
WE'RE FACING. DTSC CAN
CONTRIBUTE TO THESE CHALLENGES
WITH THE RIGHT STRATEGIES AND
FOCUS. FIRST AND FOREMOST, MANY
CLIMATE CHANGE INTERESTS MUST
CHANGE. IMPACTS MUST BE
ADDRESSED BY DTSC AS WE SPEAK,
OUR ENVIRONMENTAL RESPONSE STAFF
HAVE BEEN MISSION TASKED TO
SUPPORT THE PARK FIRE RECOVERY
IN RECENT YEARS. THAT RESPONSE
TEAM HAS BEEN CALLED ON TO CLEAR
HAZARDOUS WASTE MATERIALS IN THE
WAKE OF THE INCREASING NUMBER OF
FLOODS AND FIRES, SEA LEVEL RISE
HAS THE HAS THE POTENTIAL TO
IMPACT CLEAN UP SITES AND
HAZARDOUS WASTE FACILITIES
THROUGHOUT THE STATE. SO DTSC
MUST ENSURE THAT THE LATEST
SCIENCE REGARDING SEA LEVEL RISE
IS APPLIED TO OUR OVERSIGHT OF
THESE SITES. SAFER CONSUMER
PRODUCTS HAS A ROLE TO PLAY IN
FINDING SOLUTIONS TO CLIMATE
PROBLEMS FOR INSTANCE,
ELIMINATING TOXIC SUBSTANCES
BEFORE THEY ENTER SURFACE AND
DRINKING WATER SO THAT WE CAN
RECYCLE THAT WATER WITH
CONFIDENCE AND CLIMATE CHANGE IS
DRIVING LITHIUM EXTRACTION,
WHICH WILL GENERATE HAZARDOUS
WASTE. AND IT'S IMPERATIVE THAT
WE MANAGE THAT WASTE PROPERLY. A
CLEAN JUST TRANSITION DEMANDS
THAT. ASSEMBLY MEMBER GARCIA, I
KNOW YOU'RE TRACKING THIS ISSUE
CLOSELY AND FACILITATING
CONVERSATIONS WITH OPERATORS,
THE COUNTY AND DTSC OUR
HAZARDOUS WASTE MANAGEMENT PLAN
IS BEING CRAFTED WITH AN EYE
TOWARD THE FUTURE. THIS IS THE
OPPORTUNITY TO CONSIDER WHAT IT
WILL TAKE FOR CALIFORNIA TO
SUPPORT A TRUE CIRCULAR ECONOMY
WHERE WASTE ENTERS. WASTE IS
RECOVERED AND REENTERS
PRODUCTION RATHER THAN JUST
BEING DISPOSED OF. THE HAZARDOUS
WASTE MANAGEMENT REPORT
HIGHLIGHTED THE NEED FOR NEW
RECYCLING FACILITIES TO MANAGE
EMERGING WASTE STREAMS LIKE
LITHIUM PRODUCTION OR SOLAR.
SOLAR CELLS AT THE END OF LIFE,
PERMITTING REGIMES MUST SUPPORT
IN-SITU IN STATE. I'M SORRY, IN
STATE MANAGEMENT OF HAZARDOUS
WASTE AND ENCOURAGE RECYCLING,
AND SCP GIVES US CALIFORNIA THE
MEANS OF CONTROLLING POLLUTION
AT THE SOURCE RATHER THAN AFTER.
IT'S ALREADY ENTERED THE
ENVIRONMENT BECAUSE OF
CALIFORNIA'S HOUSING CRISIS. WE
NEED TO SUPPORT RESTORATION OF
CONTAMINATED SITES AROUND THE
STATE THAT CAN REVITALIZE
COMMUNITIES AND PROVIDE PRECIOUS
HOUSING. BUT AS WE DO THIS, WE
MUST BE FORWARD THINKING AND
LOOK FOR OPPORTUNITIES TO RIGHT
THE WRONGS OF THE PAST. DTSC
DOES NOT WANT TO PERPETUATE
INEQUITIES, SO WE MUST LOOK FOR
OPPORTUNITIES TO REDRESS WRONGS
SUCH AS REDLINING, RIGHT ALONG
WITH THINKING ABOUT POTENTIAL
FUTURE IMPACTS OF
GENTRIFICATION. WE'VE LEARNED
HOW THAT CAN BE DONE, AND WE'RE
DOING THAT THROUGH OUR
ENVIRONMENTAL, OUR EQUITABLE
COMMUNITIES REVITALIZATION GRANT
PROGRAM. AND WE THINK THERE'S
MUCH TO BE LEARNED AND TO BUILD
ON A HEALTHY DTSC CAN HELP
CALIFORNIA LEAD ENVIRONMENTALLY
AND ECONOMICALLY. AND THAT'S
WHAT WE'RE GOING TO BE FOCUSED
ON MOVING FORWARD. I VERY MUCH
APPRECIATE THIS OPPORTUNITY TO
SPEAK WITH YOU TODAY ABOUT ALL
THAT'S GOING ON IN THE
DEPARTMENT, AND I'LL BE HAPPY TO
ANSWER ANY QUESTIONS. AFTER
CHAIR RIZZO PROVIDES YOU HER
REMARKS. THANK YOU. THANK YOU
VERY MUCH. I WANT TO WELCOME THE
CHAIR OF THE SENATE COMMITTEE
AND COLLEAGUES, UNLESS THERE'S A
PRESSING QUESTION FOR DOCTOR
WILLIAMS, WE WOULD LIKE TO
PROCEED WITH THE SECOND
PRESENTER AND THEN JUMP INTO
QUESTIONS. IS THAT FAIR? YEAH.
ALL RIGHT. WOULD YOU LIKE TO
MAKE ANY COMMENTS, SENATOR?
WELL, ALL RIGHT, LET'S DO THAT.
THANK YOU. MY NAME IS GINA
RIZZO, AND I HAVE THE HONOR OF
SERVING AS THE CHAIR OF THE
BOARD OF ENVIRONMENTAL SAFETY.
AND, GOOD AFTERNOON, CHAIR ALAN
GARCIA. MEMBERS, INCLUDING MY
OWN DAYMON CONNOLLY, WE'VE BEEN
SPENDING QUITE A BIT OF TIME
TOGETHER LATELY IN OUR COUNTY ON
BEHALF OF THE BOARD OF
ENVIRONMENTAL SAFETY COLLEAGUES,
TWO OF WHOM ARE WITH US TODAY, I
WANT TO ACKNOWLEDGE VICE CHAIR,
ALEXIS HACKER AND NEWLY
APPOINTED MEMBER FROM THE LAST
TIME WE WERE HERE, INGRID
BROSTROM. AND THANK YOU FOR THE
OPPORTUNITY TO UPDATE YOU ON THE
WORK OF IMPLEMENTING. 158 AS I
SAID, IT'S AN HONOR TO SERVE ON
THIS COMMITTEE AND CAP MY CAREER
AS A NURSE. ENVIRONMENTAL HEALTH
EXECUTIVE AND A MUSIC PRODUCER.
YOU CAN IGNORE THAT PART. OKAY,
THE HISTORY OF SB 158 THAT
CREATED THE BOARD HAS MANY
AUTHORS, ALL OF WHOM RECOGNIZED
THAT FOR CALIFORNIA TO BE THE
LEADER IN ENVIRONMENTAL HEALTH
AND JUSTICE, THERE WAS MORE AND
BETTER WORK TO DO. BUT THE STORY
OF THE BOARD IS ROOTED IN THE
PEOPLE'S SENATE. THE INDEPENDENT
REVIEW PANEL, EXHAUSTIVE
LEGISLATIVE EFFORTS AND SUPPORT
FROM THE GOVERNOR AND ALL OF YOU
ON THESE COMMITTEES. AND IT
CONTINUES WITH THE LIVED
EXPERIENCE OF COMMUNITIES WE
SEEK THEIR WISDOM EVERY DAY AS
DIRECTOR WILLIAMS, WHO I HAVE
IMMENSE REGARD AND RESPECT FOR,
SAID TRANSPARENCY AND DEEP
ENGAGEMENT WITH THE LEADERSHIP
OF DTSC AND ALL STAKEHOLDERS
INVESTED IN THE REFORM OF THIS
DEPARTMENT, THAT'S THE
CORNERSTONE OF OUR MISSION AND
OUR COLLECTIVE MISSION. WORKING
TOGETHER. WE WORK WITH
VULNERABLE COMMUNITIES WHO'VE
WHOSE LIVES ARE IMPACTED BY THE
HISTORIC, TOXIC LEGACY THAT
BURDENS OUR STATE. WE PRIORITIZE,
THEREFORE, TOURS OF SITES,
MEETINGS WITH COMMUNITY MEMBERS,
ENVIRONMENTAL JUSTICE ADVOCATES,
UP AND DOWN THE STATE. THAT'S
WHAT WE DO. WE TRAVEL, WE TOUR
FACILITIES. WE MEET WITH
REPRESENTATIVES OF REGULATED
BUSINESSES AS WELL, AND WE
BELIEVE THEY BEAR SIGNIFICANT
RESPONSIBILITY FOR PROTECTING
OUR CITIZENS AND PROVIDING THE
FINANCIAL RESOURCES IN THE FORM
OF FEES NECESSARY FOR DTSC TO
FULFILL ITS MANDATES. WE SEEK
NOT ONLY COMPLIANCE, BUT
INNOVATION FROM THEM AND FROM
ALL OF US. SO WHILE WE GATHER
AGAIN TODAY IN THE RELATIVE
SAFETY OF THIS HEARING ROOM, I
CAN SAY THAT YOUR INVESTMENT IS
MAKING A DIFFERENCE. IT'S
DIFFERENCE. IN THE TWO YEARS
SINCE I'VE BEEN HERE, I SEE IT,
I FEEL IT, WE HEAR IT FROM THE
COMMUNITY. BUT WE MUST
ACKNOWLEDGE THAT THERE REMAINS
MUCH SUFFERING IN THIS GREAT
STATE WITH DISPROPORTIONATE AND
DEVASTATING AND URGENT
CUMULATIVE IMPACTS ON THOSE
WITHOUT THE POWER TO CONTROL AND
PROTECT THEIR OWN FATE. SO OUR
WORK AND THE WORK OF THE ENTIRE
DEPARTMENT RELIES ON YOUR
CONTINUED SUPPORT AND
POTENTIALLY YOUR EXPANDED
SUPPORT AS WE DIVE INTO MORE
ISSUES, WE SENT A NUMBER OF
ADDENDUMS FOR YOUR NIGHTTIME
READING, A LIST OF ALL OF OUR
BOARD MEMBERS AND STAFF. AND
WHAT'S INTERESTING IS OUR BOARD,
AS WE WERE SELECTED, HAVE
DIVERSE EXPERIENCE AND
EXPERTISE. THAT'S WHAT WE
CONSIDERED WHEN WE MADE
SUBCOMMITTEE ASSIGNMENTS. IT
ALLOWS FOR DEEP WORK BETWEEN
MEETINGS SO WE CAN RESPECT OUR
BAGLEY-KEENE OBLIGATIONS, BUT
ALSO GET SOME WORK DONE IN
BETWEEN. IT ALLOWS FOR THAT DEEP
WORK, AND IT'S AUGMENTED AND
SUPPORTED BY OUR STAFF, SOME OF
WHOM ARE WITH US TODAY, WITH OUR
EXECUTIVE OFFICER, SWATI SHARMA.
OUR FORMAL SUBCOMMITTEES INCLUDE
FEE SETTING, PERFORMANCE
METRICS, PERMIT APPEALS,
ENVIRONMENTAL JUSTICE, HAZARDOUS
WASTE MANAGEMENT, 673 CLEANUP
AND VULNERABLE COMMUNITIES SSFL,
EXIDE OMBUDS. LIAISONS TO THE
DEPARTMENT OF DEFENSE. SO, AS
YOU CAN SEE, WE'RE BUSY IN
BETWEEN THOSE PUBLIC MEETINGS
THAT I KNOW YOU'RE ALL WATCHING,
ANYWAY, SO THERE'S A LIST OF ALL
OF OUR BOARD MEETINGS ALSO, THAT
WERE PROVIDED TO YOU. WE AVERAGE
150 ATTENDEES, AND DEPENDING ON
WHERE WE HOLD THE MEETING, A LOT
OF COMMUNITY ENGAGEMENT WHEN
WE'RE IN SACRAMENTO, LESS AND
MORE ON ZOOM, WHEN WE'RE OUT IN
THE FIELD, MORE IN PUBLIC. BUT
WE AVERAGE 150. AND I THINK
THAT'S IMPORTANT TO ACKNOWLEDGE
THAT OPEN HYBRID MEETINGS MAKE A
DIFFERENCE. THEY'RE TRANSLATED
EVERYTHING. IS ADA ACCESSIBLE IN
ADVANCE. AND SO WE THINK THAT'S
IMPORTANT. SO SB 158 THERE'S TWO
REPORTS IN THERE. THE BOARD'S
EVALUATION OF DTSC BASED ON
PRIORITIES. AND ALSO OUR
ANALYSIS OF THE CLEANUP AND
VULNERABLE COMMUNITIES, AS WELL
AS FOR YOUR REFERENCE, OUR FEE
PROCESS, THAT WE'RE RIGHT IN THE
MIDDLE OF. I'LL PROVIDE AN
OVERVIEW OF SOME OF THESE KEY
PRIORITIES THAT THE BOARD IS
FOCUSED ON THIS YEAR. AND THEN
I'LL DIG IN MORE TO HAZARDOUS
WASTE MANAGEMENT PLAN AND FEE
SETTING PROCESS. TWO THINGS THAT
I KNOW YOU HAVE PARTICULAR
INTEREST IN. WE PROVIDED THE
COMMITTEE WITH THE BOARD'S FIRST
FORMAL EVALUATION OF DTSC, WHICH
WAS BASED ON BOARD APPROVED DTSC
PRIORITIES THAT WERE PRESENTED
BY DOCTOR WILLIAMS IN AN OPEN
MEETING AND AMENDED AFTER BOARD
AND COMMUNITY INPUT. BEAR IN
MIND THAT WE'RE IN CONTINUOUS
COMMUNICATION WITH THE DIRECTOR,
HER DEPUTIES AND HER STAFF FOR
EACH OF THE PROGRAMS, THE
EVALUATION, AND THAT'S THROUGH
SUBCOMMITTEE WORK. SO WE WERE
VERY FAMILIAR WITH THEIR TEAMS
AND HOW THEY WORK, AND THEN WE
WORK WITH THEM. THE EVALUATION
WAS ALSO SHARED DURING A PUBLIC
BOARD MEETING, AND THE PUBLIC
COMMENTS TO THE EVALUATION WERE
ATTACHED. AND I THINK A GROUP
SENT YOU THEIR VERSION OF THAT.
SO THE EVALUATION COVERS DTSC
PROGRESS IN ISSUING MORE UP TO
DATE, AND PROTECTIVE HAZARDOUS
WASTE FACILITY PERMITS, AS WELL
AS THE ADMINISTRATION OF THE CVC
GRANTS PROGRAM TO FUND THE
CLEANUP OF CONTAMINATED SITES.
IT NOTES. AND WE ALL NOTE HERE
THE DELAYS IN ESTABLISHING THE
ENVIRONMENTAL JUSTICE ADVISORY
COUNCIL ENVISIONED IN 158 AND
ADOPTING THE LAST SET OF
REQUIREMENTS FOR 673 COMMUNITY
ENGAGEMENT, REGARDING SPECIFIC
SITES. SO THE BOARD IS ENGAGED
IN HIGH PROFILE ON SITE AND
COMMUNITY MEETINGS. WE'RE
ENGAGED WITH EXIDE SANTA SUSANA
FIELD LAB, BUTTONWILLOW FIBER
TECH AND WE RECENTLY HOSTED A
VERY MEANINGFUL SITE RELATED
HEARING AT OUR BOARD MEETING
WITH AND I THINK THEY'RE HERE
TODAY, WEST OAKLAND
ENVIRONMENTAL INDICATORS
PROJECT. I KNOW MISS MARGARET IS
SITTING THERE. THOSE COMMUNITY
LEADERS AND WE ALSO SAID WE
DON'T WANT TO JUST HEAR FROM THE
COMMUNITY. WE INVITED RADIUS
RECYCLING TO COME WITH THEIR
PERSPECTIVE AND ALSO DTSC TO
TALK ABOUT THE MANAGEMENT
POTENTIAL FOR METAL SHREDDERS.
AND I JUST WANT TO QUOTE MISS
MARGARET AT THE END WHEN I ASKED
HER HOW IT WENT, SHE SAID, THIS
IS THE FIRST TIME THAT WE HAVE
ALL BEEN IN THE SAME ROOM
TOGETHER. AND SO I THINK THAT
SPEAKS TO THE VALUE OF THAT KIND
OF A CONVENING WHERE WE CAN DO
THINGS HERE, WE CAN DO THINGS
THERE. BUT WHEN EVERYBODY GETS
TOGETHER, IT REALLY OPENED UP A
KEY QUESTION HOW DO THEY GET
ALERTED WHEN THERE'S AN
EMERGENCY? AND SO OUR TEAM
BASICALLY THE OMBUDS FUNCTION,
WE ARE TRYING TO GET NIXLE FOR
THEM. RIGHT. HOW DO THEY GET
ALERTS TEXT ALERTS. IF THERE'S A
FIRE OR SOMETHING THAT HAPPENS
AT THE FACILITY? WE HAVEN'T BEEN
SUCCESSFUL YET, BUT THAT'S THE
KIND OF THING WHERE YOU GET DOWN
TO WHAT IS MEANINGFUL IN REAL
TIME. SO WE'RE VERY, VERY
PLEASED WITH THAT. THE BOARD
RECEIVED AND HEARD APPEALS ON
TWO HAZARDOUS WASTE FACILITY
PERMITS, BOTH IN SOUTHERN
CALIFORNIA. EXCUSE ME. THIS WAS
THE FIRST TIME THAT A HAZARDOUS
WASTE FACILITY PERMIT APPEAL WAS
HEARD IN A PUBLIC SETTING. THE
PUBLIC HAD ACCESS TO THE
MATERIALS AND MOST IMPORTANTLY,
TO THE ARGUMENTS PUT FORTH BY
ALL THE PARTIES TO THE APPEAL,
AS WELL AS THE BOARD'S
DELIBERATION AND VOTES. THIS
PAGE WANTS TO GET LOST BECAUSE
THE FIRST APPEAL FOR THE ECO BAD
BATTERY RECYCLING FACILITY IN
THE CITY OF INDUSTRY WAS HEARD
AND DECIDED, WITH A VERY
SIGNIFICANT LEVEL OF PUBLIC
COMMENT, AT WHAT TURNED INTO AN
EIGHT HOUR HEARING, THE BOARD
DECIDED IN FAVOR OF THE
APPELLANT, CLEAN AIR COALITION
OF NORTH WHITTIER AND AVOCADO
HEIGHTS, REPRESENTED BY
EARTHJUSTICE. THAT DECISION TO
DENY A TEMPORARY AUTHORIZATION,
WHICH WAS IN ADVANCE OF THE
PERMIT THAT DOCTOR WILLIAMS
REFERENCED, THIS WAS A TEMPORARY
AUTHORIZATION FOR A PIECE OF
EQUIPMENT, WAS CHALLENGED BY THE
FACILITY AND IS NOW IN
LITIGATION, AND AS PER 158, WE
ARE REPRESENTED BY THE AG'S
OFFICE IN THAT LITIGATION. THE
SECOND APPEAL BY LIGHTING
RESOURCE FACILITY IN ONTARIO,
CHALLENGING MULTIPLE
REQUIREMENTS IN THEIR OWN
PERMIT, WAS HEARD AND DECIDED BY
THE BOARD AND IS NOTABLE FOR THE
FACT THAT THE FACILITY AND DTSC
HAD A WILLINGNESS TO REEXAMINE
SOME OF THE PERMIT CONDITIONS
AND RESOLVE SOME OF THEIR
DIFFERENCES IN ADVANCE OF OUR
BOARD HEARING, AND SUBSEQUENTLY
HAVE RESOLVED ALL OTHERS SO WE
THINK THAT WAS A VERY EFFECTIVE
TOOL TO HAVE THE OPEN MEETING.
WE CLOSELY TRACK DTZ'S PROGRESS
ON ISSUING DRAFT AND FINAL
HAZARDOUS WASTE WASTE PERMIT
FACILITY DECISIONS. AND WE
ANTICIPATE WE HOPE NOT, BUT WE
ANTICIPATE APPEALS IN 2025 WITH
THE AGGRESSIVE CALENDAR THAT
DTSC HAS. AND AGAIN, THEY'LL ALL
BE PUBLIC. THEY'LL ALL BE AT
PUBLIC HEARINGS. SO SB 158
ESTABLISHED A THREE YEAR PERIOD
FOR DTSC TO ADDRESS THE BACKLOG
OF THEIR EXPERIENCE, EXPIRED
PERMITS AND WHILE THAT JULY 2021
WAS WHEN SB 158 WAS ENACTED,
THIS FULL BOARD WAS NOT IN PLACE
UNTIL FEBRUARY OF 2022, JUST AS
A REMINDER, OUR CALENDARS ARE
NOT ALL COMPORTED, BUT THEY WILL
REPORT PROBABLY AT THE OCTOBER
MEETING, THAT REPORT THAT YOU
MIGHT HAVE SEEN IN JULY,
PERFORMANCE METRICS, WE HAVE A
SUBCOMMITTEE ON METRICS THAT
ASSESS THE STRUCTURE AND PROCESS
IN ACCORDANCE WITH THE 158
REQUIREMENTS. THE SUBCOMMITTEE
HAS COMMENCED A PROGRAM BY
PROGRAM APPROACH, STARTING WITH
THE HAZARDOUS WASTE MANAGEMENT
PROGRAM, USING A SCORING RUBRIC
RUBRIC TO ASSESS EXISTING GOALS
AND KEY INDICATORS. THE
ASSESSMENT WILL BE BASED ON
RELEVANCE, ACCURACY,
RELIABILITY, AND COVERAGE. THE
METRICS SUBCOMMITTEE COMPILED
EXISTING Kò GOALS, BENCHMARKS,
AND OBJECTIVES AS PROVIDED BY
DTSC IN ITS STRATEGIC PLAN AND
DESCRIBED IN THE DIRECTOR'S
PRIORITIES. THEY ALSO REVIEWED
RECOMMENDATIONS FROM PRIOR
STAKEHOLDER ANALYZES, REPORTS,
ONES THAT I REFERENCED IN THE
BEGINNING OF MY REPORT, AND
THEY'RE NOW KEENLY FOCUSED ON
HOSTING WORKSHOPS LATER THIS
YEAR, LEADING TO A BOARD VOTE ON
PERFORMANCE METRICS WITHIN 2025.
YOU HEARD A BIT FROM DOCTOR
WILLIAMS ON THE CLEANUP AND
VULNERABLE COMMUNITIES CVCI,
WHERE OUR MANTRA IS WE NEED
MORE, NOT LESS, OF THAT, I GET
TO SAY THAT RIGHT, THE BOARD
BOARD PREPARED AN ANNUAL CLEANUP
AND VULNERABLE COMMUNITIES
INITIATIVE ANALYSIS, WHICH IS IN
YOUR PACKET. THIS IS THE BOARD'S
FIRST SUCH ANALYSIS PREPARED FOR
THIS LEGISLATURE, AND IT
DESCRIBES THE HISTORY OF CVC AND
EVERYTHING THAT'S HAPPENED SINCE
ITS PASSAGE. AND A COPY OF THE
REPORT, AS I SAID, IS IN YOUR
PACKET. WE CONDUCTED THE
ANALYSIS OF THE EXPENDITURE OF
FUNDS ALLOCATED FOR CVC AND
EVALUATED THE PUBLIC HEALTH
BENEFITS THAT THESE CLEANUPS
HAVE CREATED IN COMMUNITIES. IT
REPRESENTS AN HISTORIC
INVESTMENT IN DISADVANTAGED
COMMUNITIES IN CALIFORNIA,
ENTRUSTING DTSC WITH GENERAL
FUND DOLLARS. WE KNOW THERE'S A
CUT IN THAT. WE WANT TO KEEP IT
FRONT AND CENTER GOING FORWARD.
THIS IS SUCH AN IMPORTANT AND
VALUABLE PROGRAM. THE LARGEST
AMOUNT OF FUNDING WAS ALLOCATED
TO DTSC OFFICE OF BROWNFIELDS TO
ADMINISTER A GRANT PROGRAM KNOWN
AS AAG EQUITABLE EQUITABLE
COMMUNITY REVITALIZATION GRANTS.
DURING THE FIRST THREE YEARS OF
THAT INITIATIVE, DTSC AWARDED A
TOTAL OF $126 MILLION TO 89
GRANTEES IN TWO ROUNDS OF
FUNDING. GRANT FUNDS HAVE BEEN
USED BY CITIES, COUNTIES,
NONPROFITS, TRIBAL ENTITIES FOR
32 SPECIFIC CLEANUP ACTIVITIES,
37 SITE SPECIFIC INVESTIGATIONS,
AND 14 COMMUNITY WIDE
ASSESSMENTS. THE SECOND LARGEST
COMPONENT OF CVCI AS DOCTOR
WILLIAMS ALSO MENTIONED, IS THE
DISCOVERY AND ENFORCEMENT
PROGRAM, WHICH DTSC HAS USED TO
FOCUS ON THE INVESTIGATION AND
CLEANUP OF FORMER AND CURRENT
DRY CLEANER SITES THAT MAY BE
CONTAMINATED AND PROBABLY ARE
BASED ON THE ANALYSIS WITH PERC.
SO THESE ARE IMPORTANT ONGOING.
THERE ARE THOUSANDS OF THEM. AND
SO, GOING FORWARD, WE HAVE A LOT
OF CLEANUP TO DO. THE HAZARDOUS
WASTE MANAGEMENT PLAN, WHICH
WE'RE ALL EXCITED ABOUT, HAS
PRESENTED THEIR COMPREHENSIVE
REPORT. SO THE HAZARDOUS WASTE
MANAGEMENT REPORT WAS DUE TO US
AND WAS PRESENTED IN NOVEMBER
2023 AT A PUBLIC HEARING, A
PUBLIC BOARD HEARING. THE
PROGRAM TEAM MEETS WITH OUR
SUBCOMMITTEE OFTEN AND ALWAYS.
THEY HELD MULTIPLE STAKEHOLDER
WORKSHOPS AND REPORTS AT NEARLY.
THEY REPORT BACK AT NEARLY EVERY
BOARD MEETING. THIS REPORT IS A
CRITICAL FOUNDATION FOR
DEVELOPING THE PLAN, WHICH WILL
ADDRESS THE FINANCIAL INCENTIVES
FOR WASTE REDUCTION, EXPLORATION
OF INNOVATIVE WASTE REDUCTION
METHODOLOGY, TREATMENT AND
DISPOSAL TECHNOLOGIES, AND THE
ADVANCEMENT OF POLICY
INTERVENTION RECOMMENDATIONS.
THE REPORT DETAILS THE TYPES AND
QUANTITIES OF HAZARDOUS WASTE
GENERATED WITHIN THE STATE, AS
WELL AS THE METHODS USED FOR
TRANSPORTATION AND DISPOSAL. THE
REPORT EMPHASIZES THE
DISPROPORTIONATE IMPACT OF
HAZARDOUS WASTE ON LOW INCOME
AND COMMUNITIES OF COLOR. IT
HIGHLIGHTS THE IMPENDING
CAPACITY CONSTRAINT AND
CHALLENGES THAT CALIFORNIA'S
HAZARDOUS WASTE INFRASTRUCTURE
PRESENTS TO IMPLEMENTING THE
PLAN. THE REPORT IDENTIFIES
CRITICAL DATA GAPS, INCLUDING
ENVIRONMENTAL AND HEALTH IMPACT
OF VARIOUS TYPES OF WASTE, AND
THE EFFECTIVENESS OF TREATMENT
AND DISPOSAL METHODS CURRENTLY
IN USE OR MISUSED. AS YOU HEARD
FROM DOCTOR WILLIAMS AND HER
REPORT, THE BOARD SUBCOMMITTEE
ON THE PLAN PROVIDED
RECOMMENDATIONS TO AND ARE
COLLABORATING WITH THE TEAM. THE
DTSC TEAM, ON THEIR PROGRESS,
INCLUDING THE FEASIBILITY OF
INCLUSION OF RECOMMENDATIONS
THAT WE'VE MADE AND THAT WE'VE
BEEN IN DISCUSSION, DATA GAPS
AND FIDELITY. WE HAVE BOARD
SUBCOMMITTEE MEMBER. IF YOU
DON'T TALK ABOUT DATA AND
FIDELITY, YOU'RE NOT GETTING THE
JOB DONE. SO WE REALLY BELIEVE
THAT IMPROVING THE STATES HAS
WASTE DATA BY ADDRESSING DATA
GAPS AND THEN HARMONIZING THE
TECHNOLOGY SOLUTIONS TO ENSURE A
COMPLETE PICTURE. YOU CAN KNOW
WHAT THE DATA IS. YOU HAVE TO
KNOW WHAT THE TECHNOLOGY
SOLUTION POTENTIAL IS. AND THAT
MAY REQUIRE THAT WE CONSIDER
LANDFILL STUDIES WHAT'S IN OUR
LANDFILLS. ENFORCEMENT
SIGNIFICANTLY IMPROVE COMPLIANCE
RATES, STARTING WITH SERIAL
VIOLATORS, AND COORDINATE WITH
THE DTSC ENFORCEMENT DIVISION,
WHICH YOU'VE ALREADY HEARD IS
HAPPENING. DEVELOP SOURCE
REDUCTION EFFORTS FOR HIGH
VOLUME HAZARDOUS WASTE THAT POSE
THE GREATEST HARM, AND AGAIN,
CONSIDER COHESION WITH THE SAFER
CONSUMER PRODUCTS PROGRAM THAT
PRIORITIZE INVESTIGATION OF
ALTERNATIVES AND MARKET MOVING
PROGRAMS FOR CATEGORIES THAT
HAVE BEEN IDENTIFIED IN THE
REPORT. WE ALSO KNOW THAT WE
HAVE TO INVEST IN R&D TO PROVIDE
ALTERNATE, ALTERNATE WAYS TO
MANAGE HAZARDOUS WASTE AND
ENSURE THAT THE STATE IS UP TO
DATE AND IDEALLY IN THE
FOREFRONT OF GENERATING AND
INSTITUTING INNOVATIVE
APPROACHES. CALIFORNIA HAS TO
LEAD. I MEAN, WE KNOW THAT AND
SO WE ENCOURAGE WE REALLY LOOK
TO THAT ULTIMATE PLAN FOR THAT.
THE PLAN WILL CONSIDER AND
REPORT TO THE BOARD AREAS THAT
WOULD BENEFIT FROM PROGRAMMATIC
OR POLICY RECOMMENDATIONS. I
WANT TO GIVE AN EXAMPLE OF
PROGRESS THAT HAS BEEN REVEALED
JUST BY GOING THROUGH THE
PROCESS. DTSC EXPLORING THE TWO
LARGEST CATEGORIES OF HAZARDOUS
WASTE CONTAMINATED SOIL AND USED
OIL. IT'S REVIEWING NEW
TECHNOLOGY AND BROUGHT TO AN
OPEN BOARD HEARING A
PRESENTATION ON SUPERCRITICAL
FLUID EXTRACTION METHOD. THAT
WAS REALLY EXCITING. I KNOW THAT
MIGHT NOT SEEM EXCITING IN THIS
CONTEXT, BUT IT WAS FASCINATING
TO HEAR AND EVERYONE WAS SAYING
THERE ARE NEW METHODS THAT
REALLY COULD BE CONSIDERED TO
DEAL WITH THE WASTE ON SITE
SHAPING STAKEHOLDER ENGAGEMENT
FOR THE PLAN. SO REMEMBER, THE
PLAN IS DUE TO THE BOARD IN
MARCH OF NEXT YEAR. WE WILL THEN
HOLD PUBLIC HEARINGS, TAKE ANY
REVISION RECOMMENDATIONS BEFORE
THE FAN IS THE. THE PLAN IS
FINALLY APPROVED. SO THE PLAN
WILL BE PRESENTED IN MARCH. THE
LAST EXCITING PIECE OF MY REPORT
IS ON FEE SETTING. THERE'S A
DETAILED MEMO IN YOUR PACKET.
158 ESTABLISHED THE FOLLOWING
RESPONSIBILITIES FOR THE BOARD.
SET FEES ANNUALLY. GENERATION
AND HANDLING FEE, FACILITY FEE
AND ENVIRONMENTAL FEE. CONDUCT
AN ANALYSIS OF THE FEE STRUCTURE
AND CONSIDER ADJUSTMENTS TO
ENSURE REASONABLE DISTRIBUTION
OF FEES AMONG THE BUSINESSES
THAT CONTRIBUTE TO THE NEED FOR
MANAGEMENT OF HAZARDOUS WASTE TO
ELIMINATION OF GAPS IN
RESOURCING FOR THE BOARD AND FOR
DTSC. SO OUR BUDGETS BASICALLY
AND MEET THE MANDATES AND
ACHIEVE MEASURABLE PERFORMANCE.
SO WE HAVE TO HAVE THAT. WE HAVE
TO HAVE ENOUGH FEES TO COVER,
THE MANDATES AND THE
APPROPRIATIONS. SO THE BOARD
SETS RATES AND USES ITS
EMERGENCY RULEMAKING AUTHORITY
TO ADOPT THE RATES FOR THE
FISCAL YEAR. AND WE DO THAT
OCTOBER 1ST. THAT'S AFTER THE
FISCAL YEAR HAS STARTED. SO THAT
CREATES ITS OWN LITTLE CALENDAR
CHALLENGE FOR SOME OF THE
FACILITY PAYERS WHO DON'T LIKE
HEARING IN OCTOBER WHAT THEY'RE
GOING TO BE PAYING FOR THE
FISCAL YEAR IN JULY. NOW, THE
BOARD DID NOT ADJUST FEES IN OUR
FIRST FULL YEAR OF OPERATION FOR
THE 2324 FISCAL YEAR, AS
REPORTING INDICATED, THEN THAT
SUFFICIENT REVENUE WOULD BE
COLLECTED AS WE ALL KNOW, THAT
DID NOT MATERIALIZE IN A
SIGNIFICANT DEFICIT OCCURRED,
REVEALING A STRUCTURAL PROBLEM
FOR US TO RESOLVE AND REQUIRING
LOANS TO DTSC. SO THE BOARD
SUBCOMMITTEE SPENT THE BETTER
PART OF A YEAR WORKING WITH
DTC'S DIVISION OF FINANCIAL
PLANNING TO UNPACK THE REASONS
FOR THE CONTINUED SHORTFALLS
FROM EVALUATING THE CDTFA
CONTRACT TO ENFORCEMENT TO JUST
BETTER UNDERSTANDING IT.
TRANSPARENCY WITH FEE PAYERS
CONTINUES TO BE CRITICAL IN THIS
EFFORT TO UNPACK THE ROOT CAUSES.
SO WE'VE MET WITH THEM. WE'VE
MET WITH THE FEE PAYER GROUPS.
WHAT IS THE PROBLEM? WHY ARE THE
FEES LATE OR NOT COLLECTED? AND
SOME OF THE ISSUES UNCOVERED
INCLUDED INCOMPLETE ACCOUNTING
FOR THE ACTUAL TONNAGE OF WASTE
SUBJECT TO THE PAYMENT,
ACCIDENTAL OR NOT. LACK OF
GENERATOR AWARENESS OF WHEN THE
DUES ARE EXPECTED. HOW CAN WE
FIX THAT? INADEQUATE PENALTIES,
PENALTIES TO DRIVE COMPLIANCE IF
THE PENALTY IS 10%. IF YOU'RE
SIX MONTHS OR TWO YEARS LATE,
THAT'S MONEY YOU GET TO KEEP IN
YOUR CIRCULATION. SO ESCALATING
PENALTIES IS REALLY IMPORTANT,
AND THEN EXEMPTIONS, SOME
INCORRECTLY APPLIED BY THE
GENERATORS THEMSELVES WHERE THEY
SELF EXEMPT EXEMPTING
LEGISLATURE AND THE GOVERNOR.
THE ADMINISTRATION ALSO MIGHT
GIVE EXEMPTIONS FOR OTHER
PRIORITIES. THAT HAS AN IMPACT
ON DTSC. THEY STILL HAVE THE
WORK TO DO. SO HOW DO WE ACCOUNT
FOR THAT? THE OTHER FEE PAYERS
DON'T WANT TO PAY FOR THE
EXEMPTED FEE PAYERS. THEY DON'T
WANT THEIR RATES UP BECAUSE
DECISIONS HAVE BEEN MADE ABOUT
EXEMPTIONS. SO THAT'S SOMETHING
WE REALLY HAVE TO ADDRESS OPENLY
AND ALSO ENFORCEMENT, WHICH
YOU'VE HEARD ALREADY NOW, IS ON
WARP SPEED. THE ENFORCEMENT TEAM
IS ON IT. SO THE ACTIONS THAT
HAVE ALREADY BEEN TAKEN TO
CORRECT SOME OF THESE ISSUES ARE
ENHANCING THE CONTRACT WITH
CDTFA SO THAT WE CAN HARMONIZE,
REPORTING THAT THERE CAN BE
THOSE EXCUSES OR REASONS THAT
ARE GIVEN, WON'T BE VALID ONCE
YOU HAVE THAT HARMONIZATION OF
REPORTING, ENGAGEMENT WITH FEE
PAYERS HAS BEEN CRITICAL. WE
HAVE ONE ON ONE MEETINGS. WE'VE
HAD SEVEN PUBLIC WORKSHOPS AND
BOARD MEETING PRESENTATIONS ON
FEES. AND AUGUST 15TH WILL
PRESENT BE PRESENTING THE WHAT'S
IN YOUR PACKAGE AT A AT A
WORKSHOP. SO THE BOARD CALLED
UPON THE DTSC FINANCIAL TEAM TO
PREPARE THOSE THREE SCENARIOS
FOR OUR CONSIDERATION. SO OUR
SUBCOMMITTEE MET, EVALUATED AND
SAID GIVE US THREE SCENARIOS,
SOMETHING THAT'LL GIVE US A 5%
RESERVE, A 7.5% RESERVE, OR THE
CAP RESERVE OF TEN, SO THAT WE
CAN SEE HOW THAT WOULD CHANGE
THE FEE RATES. AND WE CAN
PRESENT THAT AT A WORKSHOP AND
ULTIMATELY MAKE A DECISION. WE
WANT NOT ONLY TO COVER, BUT TO
BEGIN BUILDING THE RESERVES THAT
WE ARE MANDATED TO HAVE. WE'RE
SUPPOSED TO HAVE RESERVES. WE
DIDN'T HAVE ANY RESERVES. SO
THAT'S A REALLY IMPORTANT PIECE
OF IT, WHAT IS THE MINIMUM
INCREASE IN FEES FOR SOLVENCY
AND PRUDENT RESERVES? AND THEN
YOU'LL SEE TWO PROGRESSIVE
OPTIONS GOING UP TO THE CAP. THE
SUBCOMMITTEE WILL FINALIZE ITS
RECOMMENDATIONS AFTER WE HEAR
FROM STAKEHOLDERS AT A WORKSHOP
ON THE 15TH. SO AGAIN, ADEQUATE
REVENUE HAS TO COME IN FOR THE
APPROPRIATED BUDGET, ENHANCED
ADMINISTRATION AND COLLECTION OF
THE FEES ACCOUNT FOR TECHNICAL
ADJUSTMENTS THAT ARE MADE
ANNUALLY FOR SALARY INCREASES
AND COLA, WHICH WE DIDN'T DO
LAST YEAR EITHER. SO WE HAVE
THAT TO DO. PRUDENT RESERVES
WITHIN THE CAP AND THEN BEGIN TO
TALK ABOUT THE LOAN. THERE'S
STILL ONE LOAN ON THE BOOKS. SO
GENERALLY SPEAKING, I WOULD
SUMMARIZE TO SAY FUTURE FORWARD
IS TRULY THE MANTRA OF THE DAY.
THE COMING YEAR FOR BOTH THE
BOARD AND FOR THE DIRECTOR AND
FOR DTSC, WHERE PROMISED REFORMS
ARE BECOMING A REALITY, THERE'LL
BE A HAZARDOUS WASTE MANAGEMENT
PLAN. THERE'LL BE AN ANALYSIS OF
THE FEE STRUCTURE THAT TALKS
ABOUT CORRECTING STRUCTURAL
DEFICITS SO THAT GOING FORWARD,
WE'RE NOT HERE TALKING ABOUT
DEFICITS. AGAIN, WE'LL HEAR
ADDITIONAL HAZARDOUS WASTE
PERMIT APPEALS. HOPEFULLY FEWER
OF THEM. AS THE PERMIT APPEAL
PROCESS BECOMES TIGHTER. WE'LL
ADOPT PERFORMANCE METRICS, WILL
CONTRIBUTE IN THE STANDING UP
AND PARTICIPATING IN THE Â.
JACK WILL CONTINUE TO FIND WAYS
TO MEET WITH COMMUNITIES AND TRY
TO DO IT IN MORE AFFORDABLE
VENUES. IT'S REALLY HARD TO FIND
VENUES THAT YOU CAN HAVE AN OPEN
HYBRID MEETING WHERE THEY'LL LET
YOU USE THEIR WI-FI AND THEIR
CAMERAS. THAT'S SOMETHING THAT
IS AN INFRASTRUCTURE ISSUE, BUT
IT REALLY KEEPS US OUT OF SOME
GEOGRAPHICAL LOCATIONS. AND
THAT'S THAT'S BEEN TROUBLESOME.
WE WANT TO DEEPEN OUR MEANINGFUL
AND ESSENTIAL ENGAGEMENT WITH
ALL STAKEHOLDERS AND THEN AGAIN,
CONDUCT ANOTHER ANALYSIS OF
CVCI. SO IN CLOSING, I WANT TO
ACKNOWLEDGE THE CONTRIBUTORS TO
OUR WORK, THE COMMUNITY
ADVOCATES WHO GENERATED THE
MOMENTUM FOR THE REFORM, ALONG
WITH THE REGULATED INDUSTRIES,
WHO ALSO WANTED THE REFORM AND
GREATER CLARITY. AND WE'VE MET
WITH THEM. WE'VE GONE TO SEAB
AND CIC. WE'VE HEARD FROM THEM
AT EVERY BOARD MEETING. DIRECTOR
WILLIAMS AND THE LEADERSHIP OF
DTSC EMBRACED IT. CAL EPA
PROVIDES INVALUABLE SUPPORT AND
ALL OF YOU, THE LEGISLATION IN
THE LEGISLATURE AND
ADMINISTRATION HOLD US
ACCOUNTABLE. SO THE BOARD OF
ENVIRONMENTAL SAFETY TEAM, AND I
THANK YOU FOR YOUR DEEP
COMMITMENT. THANK YOU VERY MUCH
TO BOTH OF YOU. I'M GOING TO ASK
OUR SENATORS TO SEE IF THEY HAVE
ANY QUESTIONS. WOULD YOU LIKE TO
ASK ANY QUESTIONS? YEAH PLEASE,
THANK YOU VERY MUCH. AND THANK
YOU FOR ALLOWING ME TO GO.
EARLY, AND I WANT TO THANK BOTH
OF YOU FOR THE WORK, I COULD
TELL I'M NOT ON THE GROUND. I
CAN'T TELL EVERYTHING. BUT
CERTAINLY THE WAY THAT YOU
DESCRIBE IT, THE WAY THINGS ARE
GOING IS MAKING A BIG
DIFFERENCE. AND I APPRECIATE THE
TOUR. THAT I GOT TO GO ON IN THE,
EXIDE PROPERTIES. AND THERE'S
THE DIFFERENCE BETWEEN SEEING IT
UP FRONT AND WALKING THROUGH THE
PROPERTIES AND ALL THE DETAILS
THAT HAVE TO BE TAKEN INTO
CONSIDERATION. THAT'S VERY
DIFFERENT FROM HEARING A REPORT.
SO I'M APPRECIATIVE OF THAT. I
JUST WANT TO DIG IN ON THE ONE
PIECE THAT I'VE BEEN THE MOST
INVOLVED WITH. AND THAT'S THE SB
673. AND YOU KNOW, IN, IN LIGHT
OF AND IN THE SPIRIT OF THE WAY
THAT YOU DESCRIBE THE REFORMS
MOVING FORWARD, THIS IS
CERTAINLY ONE PIECE THAT NEEDS
TO BE FINISHED, AND SINCE THE
BILL PASSED IN 2015, WE STILL
DON'T HAVE THE COMMUNITY IMPACTS
PIECE. FINISHED, AND IN 2021,
THE DEPARTMENT ACKNOWLEDGED THAT
IT PLANNED TO UPDATE THE VSP
REGULATIONS. I HAD A BILL ON
THAT, SEEKING CHANGES, THE
DEPARTMENT ACKNOWLEDGED IT
NEEDED CHANGES, AND WE STILL WE
STILL DON'T HAVE THAT. SO THAT'S
ONE PIECE IS WHERE IS THE
DEPARTMENT IN MEETING THAT
DEADLINE, AND THE SECOND
QUESTION IS ABOUT THE VSP, THE
DTSC AND REEVALUATING THE VSP,
AND WHEN CAN WE EXPECT THIS
PROCESS TO, TO TAKE PLACE? AND I
SAY THAT, AGAIN, IN THE SPIRIT
OF YOUR OWN PRESENTATION TODAY,
IS THAT I'M NOT HERE TO JAM
ANYBODY OR SAY, YOU KNOW, WHAT
THE HECK'S GOING ON AND THEN
WALK OUT, BUT I, I DO BELIEVE WE
NEED MUCH MORE DETAIL AS FAR AS
NOT JUST WE'RE GOING TO GET
THERE, YOU KNOW, IN SIX MONTHS
OR A YEAR OR WHATEVER, BUT HOW
DO YOU PLAN ON GETTING THERE?
WHAT WHAT IS WHAT DOES IT TAKE
TO MAKE THIS HAPPEN? IF I CAN
START WITH THE VIOLATION SCORING
PROCEDURE? I THINK THAT'S
ACTUALLY IN VERY GOOD SHAPE.
WE'RE WRITING THE ACTUAL RULE TO
BEGIN RULEMAKING, OBVIOUSLY RULE
RULEMAKING OBVIOUSLY REQUIRES A
LOT OF REVIEW. AND GETTING THE
DETAILS RIGHT, BUT THERE ARE NO
FUNDAMENTAL OBSTACLES TO MOVING
FORWARD WITH A REVISED
REGULATION FOR THE VIOLATION
SCORING PROCEDURE. SO I DO THINK
THAT WILL MOVE FORWARD. THIS
CALENDAR YEAR. I DON'T AGAIN, NO
SIGNIFICANT OBSTACLES, WITH
RESPECT TO THE COMMUNITY
VULNERABILITY PIECE, WHICH I WE
ALL ACKNOWLEDGE HAS TAKEN MUCH
LONGER THAN ANYBODY CERTAINLY
WOULD HAVE HOPED. WE ACTUALLY
HAVE DONE A COUPLE OF THINGS IN,
IN THE PERMIT DECISION. SO I'M
GOING TO TALK ABOUT THE
KETTLEMAN PERMIT DECISION. ONE
OF THE THINGS WE HAVE AN
AGREEMENT WITH COMMUNITY GROUPS
OR ASSOCIATED WITH KETTLEMAN,
THE KETTLEMAN SIGNATORIES, AND
PART OF THAT AGREEMENT WAS THAT
WE TAKE, EVEN WITH OR WITHOUT SB
SIX, 73 REGULATIONS, WE WOULD
TAKE COMMUNITY VULNERABILITY
INTO ACCOUNT. SO WHAT WE DID WAS
WE EVALUATED THE MULTIPLE
BURDENS THAT THAT COMMUNITY
EXPERIENCES. KETTLEMAN CITY IN
PARTICULAR, ASSOCIATED WITH WITH
THE FACILITY NOT ASSOCIATED WITH
THE FACILITY. AND WE DID THAT.
WE STARTED WITH CALENVIROSCREEN,
AND THEN WE DUG A LITTLE DEEPER
AND SAID, WHAT? WHERE ARE THE
IMPACTS? WHERE ARE THEY COMING
FROM? AND THEN WE LOOKED AT
THOSE IMPACTS AND SAID, WHAT CAN
WE DO IN THE PERMIT TO TAKE INTO
ACCOUNT THOSE IMPACTS? AND WE
DID. WE FOR INSTANCE, THE
FACILITY WILL MOVE TOWARD
ELECTRIFICATION. ON SITE. AND
THAT, YOU KNOW, FOR TRUCKING
THAT HAPPENS. SO WE FOUND SOME
OPPORTUNITIES TO MITIGATE SOME
OF THOSE POTENTIAL IMPACTS THAT
ARE LEADING TO THE COMMUNITY
VULNERABILITY. THAT WAS A GOOD
MODEL FOR US. WE LEARNED A
TREMENDOUS AMOUNT DOING THAT.
CALENVIROSCREEN REPORT, ENGAGING
WITH THE COMMUNITY AND FIGURING
OUT HOW TO TIE THAT TO PERMIT
DECISIONS. THE OTHER THING THAT
CAME OUT OF THAT WAS ACTUALLY
CROSS AGENCY ENGAGEMENT. SO WHEN
WE WENT TO PRESENT THAT
CALENVIROSCREEN REPORT TO THE
COMMUNITY, WE HAD US EPA COME.
WE HAD OTHER AGENCIES THAT WERE
IN ATTENDANCE, DEPARTMENT OF
PESTICIDE REGULATION. ET CETERA.
BECAUSE WE'RE NOT ABLE TO
ADDRESS EVERY SINGLE IMPACT THAT
THAT COMMUNITY FEELS. IT WAS
VERY SUCCESSFUL IN TERMS OF
BRINGING A WHOLE OF GOVERNMENT
APPROACH TO THE POINT WHERE WE
FOUND OUT FROM THE COMMUNITY
THAT ONE OF THEIR BIGGEST
PROBLEMS WAS POTHOLES AND LACK
OF SIDEWALKS. AND SO IN OUR NEXT
PUBLIC MEETING THAT WAS ACTUALLY
FOCUSED ON THE PERMIT, THE
DEPARTMENT OF PUBLIC WORKS
SHOWED UP AND THEY ACTUALLY, YOU
KNOW, ENGAGED WITH THE COMMUNITY
TO TALK ABOUT SOLVING THOSE
PROBLEMS. SO ALL THAT TO SAY, IT
WAS IT WAS IN SOME WAYS IT WAS A
TRIAL RUN FOR WHAT WE ANTICIPATE
IN THE SB 673 REGULATIONS,
AGAIN, THE BIGGEST THING BEING
THE ENGAGING THE COMMUNITY
EARLIER. SO, YOU KNOW, JUST
BECAUSE CALENVIROSCREEN SPITS
OUT A SCORE, IT DOESN'T MEAN
THAT THAT'S WHAT THE COMMUNITY
ACTUALLY EXPERIENCES. WHAT WE
MAY LEARN DIFFERENT THINGS WHEN
WE TALK TO THE COMMUNITY. SO
WE'LL BE PUBLISHING THOSE THREE
INFORMATIONAL SHEETS BY THE END
OF SEPTEMBER. WE'LL HAVE
CONVERSATION. WE'RE WE ARE
DRAFTING THE RULE NOW AGAIN,
THIS RULE IS PERHAPS MORE
COMPLICATED THAN THE VSP RULE,
BUT IT WILL BE DONE BY THE END
OF THE FISCAL YEAR. THANK YOU,
MR. CHAIRMAN AND SENATOR.
QUESTIONS YEAH. THANK YOU VERY
MUCH. A NUMBER OF ISSUES. I
WANTED TO BRING UP, AND I
APOLOGIZE FOR THE LATE START. WE
WERE BOTH, AT THE JUDICIARY
COMMITTEE THAT WENT OVER, A
COUPLE OF THINGS I WANTED TO ASK
YOU, MISS RIZZO. YOU WERE. YOU
WERE TALKING ABOUT THE HAZARDOUS
WASTE MANAGEMENT PLAN, I
APPRECIATED ALL THAT. YOU WERE
SPEAKING TO, IT'S OBVIOUSLY AN
AREA THAT I'VE BEEN SPENDING A
LITTLE BIT OF TIME ON OF LATE.
YOU KNOW, WE'VE INTRODUCED A
BILL RELATING TO, TRYING TO
CREATE AN EXTENDED PRODUCER
RESPONSIBILITY SYSTEM FOR
HOUSEHOLD HAZARDOUS WASTE. WE'RE
LIKELY GOING TO BE PULLING IT
BACK TO GIVE IT SOME MORE TIME.
INDUSTRY HAS BEEN SPENDING A LOT
OF TIME REALLY TALKING A LOT
ABOUT THIS PLAN THAT YOU'RE
COMING UP WITH. AND I THINK
SEEING THAT THAT'S ONE OF THE
REASONS WHY WE NEED TO DELAY,
MOVING FORWARD ON THE BILL, SO I
GUESS I, I, YOU KNOW, WHAT? WHAT
DO YOU REALLY SEE CHANGING WITH
REGARDS TO THE STATUS QUO, WITH
THE PLAN, LET ME START WITH
THAT. AND THEN I'VE GOT A COUPLE
OF FOLLOW UP QUESTIONS. SURE.
WELL, FROM WHERE WE'RE SITTING,
READ THE REPORT AND READ IT
THREE TIMES. THE REPORT IS
HUNDREDS OF PAGES OF INCREDIBLE
DATA. AND IT WOULD BE GOOD TO GO
THROUGH THAT. AND PULL OUT THE
THINGS THAT, THAT SPEAK TO WHAT
YOU'RE, YOU'RE LOOKING FOR. SO
FIRST YOU START WITH THE REPORT,
WHICH REALLY GIVES YOU ALL THE
ISSUES THAT YOU THEN ARE YOUR
MENU FOR WHAT WOULD GO INTO THE
PLAN. WHERE WHERE ARE THE WHAT
DO WE NOT KNOW? RIGHT. SO PART
OF WHAT EVERY TIME THEY'D COME
WITH A REPORT DISCUSSION TO A
BOARD MEETING AND PEOPLE ASK
QUESTIONS OR THEY REPORT TO US
OR THE COMMUNITY ASKS QUESTIONS,
THEY GO BACK. SO THE FINAL
REPORT IS INCREDIBLY
COMPREHENSIVE. I MEAN, IT'S A
DEEP, DEEP DIVE. THAT REPORT,
THEN WHAT ARE THE PRIORITIES FOR
THE PLAN. AND WE HAVE TWO
SUBCOMMITTEE MEMBERS WORKING
WITH THEM ON THAT AND WITH VERY
INTERESTED AND ENTHUSED,
COMMUNITY MEMBERS WHO HAVE
PRIORITIES. SO THE DEBATE OF OUR
WASTE IN STATE, OUT OF STATE,
RIGHT. THAT'S THAT'S A WORTHY
CONVERSATION. HOW DO YOU KEEP IT
IN STATE? HOW DO YOU CLASSIFY
THE WASTE IS ALL WASTE. THAT IS
HAZARDOUS WASTE REQUIRE A
BUTTONWILLOW OR KETTLEMAN OR A
TRANSPORT OUT OF STATE. THE OUT
OF STATE TRANSPORTERS WANT US TO
KEEP DOING IT. THE IN STATE, YOU
KNOW, THERE'S A CAPACITY ISSUE
THAT'S INFRASTRUCTURE, RIGHT. IS
THERE ENOUGH SPACE FOR IT. HOW
DO YOU THEN ON THE OTHER HAND,
HOW DO WE REDUCE THE AMOUNT OF
THAT KIND OF WASTE, IN
PRODUCTION. SO THE PLAN WILL
INCLUDE WAYS TO DO THAT, THE
INNOVATION IN THE TECHNOLOGY.
AND I THINK YOU CAN SPEAK TO
THIS BETTER THAN I CAN FOR SURE.
THE INNOVATION AND TECHNOLOGY
FOR ON SITE IN SITU REMEDIATION.
RIGHT THERE'S SO MUCH DIGGING
HALL. RIGHT CONTAMINATED SOIL
REQUIRES. AND THEN IT DRIVES
THROUGH COMMUNITIES IN DIESEL
TRUCKS THAT CREATE POTHOLES. AND
YOU KNOW THAT WHEN WE WERE OUT
AT BUTTONWILLOW AND KETTLEMAN,
THAT'S WHAT THEY'RE TALKING
ABOUT, RIGHT? THE COMMUNITY IS
LIKE THE TRUCKS ARE GOING BY ALL
DAY, WHETHER THEY'RE GOING TO
CHEVRON OR THEY'RE GOING TO
BUTTONWILLOW OR KETTLEMAN.
THEY'RE CARRYING THIS SOIL AND
THERE'S PLENTY OF ROOM IN THERE
FOR VIOLATIONS OF THAT, FOR
MAYBE NOT DROPPING IT OFF IN THE
IN THE CORRECT SITE. HOW DO WE
ENFORCE THE PROPER DISPOSAL AND
WHAT TECHNOLOGIES DO WE HAVE TO
INVEST IN GETTING EXPERT PANELS
TOGETHER ON NEW TECHNOLOGIES,
CREATING SOME KIND OF INCENTIVE
FOR PEOPLE TO COME UP WITH
TECHNOLOGIES THAT WOULD ALLOW
THE REMEDIATION. I MEAN, LOOK AT
SANTA SUSANA FIELD LAB. THEY'RE
TALKING ABOUT HOW MANY
TRUCKLOADS A DAY FOR HOW MANY
YEARS, IF YOU DIG AND HAUL THAT
WHOLE MOUNTAIN, SOMETHING LIKE
95 FOR 15 YEARS. THAT'S RIGHT.
REALLY. WELL, THE COMMUNITY
DOESN'T WANT THE TRUCKS, BUT WE
ALSO DON'T WANT THE CONTAMINATED
SOIL GETTING INTO THE WATER
TABLE OR COMING DOWN THE HILL
FROM A FIRE OR FROM STORMS. SO
HOW DO YOU MANAGE TO THAT? THESE
ARE REAL HISTORIC LEGACY
PROBLEMS WITHOUT THE INNOVATION
TO COME UP WITH SOMETHING
BETTER. SO I WOULD SAY IF
THERE'S AN INVESTMENT, MY
OPINION, MY RECOMMENDATION, YOU
HAVE TO INVEST IN INNOVATION IN
SOME NEW TECHNOLOGIES TO CHANGE
THIS. AND THAT'S NOT BUILT IN.
THAT'S NOT BUILT IN. RIGHT NOW.
THAT'S ASPIRATIONAL. WE TALK
ABOUT IT, BUT THEN WE DON'T
ACTUALLY EXECUTE ON INNOVATION.
SO THAT'S WHY I LED WITH I THINK
THAT'S AN IMPORTANT PIECE OF THE
WORK. I DON'T KNOW IF THAT
HELPS. WELL CAN I CAN I ZERO IN
A LITTLE BIT MORE SPECIFICALLY
ON HOUSEHOLD HAZARDOUS WASTE?
BECAUSE THERE'S SO MUCH TO
HAZARDOUS WASTE. AND THAT'S ONE
OF THE CHALLENGES. YOU KNOW, ONE
OF THE THINGS WE'VE BEEN RUNNING
INTO IS, IS CLARITY FOR
CONSUMERS WITH REGARDS TO WHAT
CONSTITUTES HOUSEHOLD HAZARDOUS
WASTE, ONE THING WE FOUND IS
THAT THE CRITERIA HERE IN THE
STATE IS VERY VAGUE, AND IT
LEAVES MANY CONSUMERS, YOU KNOW,
UNSURE OF HOW TO HANDLE THE
MATERIAL, SO I'D LOVE TO LEARN
MORE ABOUT WHAT'S HAPPENING IN
THAT PARTICULAR SPACE IN THE
HOUSEHOLD. HAZARDOUS HOUSEHOLD,
HAZARDOUS WASTE AND CONSUMER
EDUCATION, AND PRODUCER
RESPONSIBILITY ASSOCIATED WITH
WITH WITH WITH INFORMATION FOR
CONSUMERS AS THEY GRAPPLE WITH
HOW TO DISPOSE OF THIS STUFF.
WELL, I'M NOT SURE I'M GOING TO
GIVE YOU THE BEST, THE MOST
SATISFACTORY ANSWER, BUT I WILL
JUST TELL YOU THIS. RECENTLY OUR
EXECUTIVES MET, GOT TOGETHER,
AND OUR HAZARDOUS WASTE TEAM
CAME TO US WITH A SHEET OF
DIFFERENT PRODUCTS AND SAID, IS
IT HAZARDOUS WASTE? AND I DON'T
THINK ANYBODY GOT ALL THE
ANSWERS. RIGHT? RIGHT THIS IS
THE EXPERTS. IT'S REALLY IT'S
REALLY COMPLICATED. AND YOU'RE
PUTTING YOUR FINGER ON SOMETHING
THAT'S VERY IMPORTANT, WHICH IS
HOW IF WE DON'T WANT THIS STUFF
ENDING UP IN THE LANDFILL
INAPPROPRIATELY, THEN ARE WE
DOING EVERYTHING THAT WE SHOULD
BE DOING? AND I HAVE TO SAY
THIS. YOU RAISE A VERY
INTERESTING POINT THAT I DON'T
THINK WE'VE GIVEN ENOUGH
ATTENTION. AND THE HAZARDOUS
WASTE MANAGEMENT PLAN MAY GIVE
US THE OPPORTUNITY TO, TO ZOOM
IN ON THE, ON THE PROBLEM
STATEMENT THAT YOU'VE
ARTICULATED AND IN TERMS OF
PRODUCER RESPONSIBILITY, I THINK
WE HAVEN'T. OBVIOUSLY, THE
LEGISLATURE HAS REALLY DUG INTO
EXTENDED PRODUCER RESPONSIBILITY,
ESPECIALLY THIS YEAR. THERE ARE
OPPORTUNITIES FOR THAT. IT'S
JUST IT'S SUCH A BIG TASK
BECAUSE THERE ARE SO MANY
DIFFERENT FORMS OF HOUSEHOLD
HAZARDOUS WASTE FOR INSTANCE.
BUT I THINK THERE'S A THERE'S
SOMETHING THERE. IF WE CAN FIND
THE SWEET SPOT THAT COULD HELP
US TACKLE THIS PROBLEM BETTER.
BUT, I THINK WE HAVE TO STAY IN
CONVERSATION ABOUT THAT. BUT ON
OUR END, I THINK IT'S A GOOD
IDEA FOR US TO TAKE BACK. WHAT
ELSE COULD WE BE DOING? IN TERMS
OF CONSUMER EDUCATION OR WHAT
ELSE COULD WE BE DOING JUST TO
THINK ABOUT, DO WE HAVE
OPPORTUNITIES TO, TO PUSH
PRODUCER RESPONSIBILITY? WELL,
AND WHAT WHAT THE, IF ANY,
MUNICIPALITY WILL HAVE A
DIFFERENT SET OF RULES,
DIFFERENT COLOR BINS, DIFFERENT
DIFFERENT THINGS THAT ARE
ALLOWED OR NOT ALLOWED. RIGHT.
SO YOU MOVE FROM THIS COUNTY TO
THAT COUNTY OR THIS, YOU KNOW,
IT'S INCONSISTENT. NOT EVERYBODY
AND NOT EVERYBODY. THEN DOES IT.
SO THERE'S COMPANIES LIKE I
DON'T KNOW WHERE WE GET BUSINESS
INNOVATION ON THIS. I JUST SAW A
NEW COMPANY CALLED RIDGEWELL.
OKAY SO THEY'LL YOU JUST THROW
EVERYTHING IN A BOX AND THEY'LL
FIGURE OUT WHERE IT'S SUPPOSED
TO GO FOR YOU, BECAUSE THE
PRESUMPTION IS THAT WE'RE NOT
GOING TO DO IT. WE'RE NOT
INDIVIDUALS, BUSINESSES ARE NOT
GOING TO SEPARATE ALL THEIR
THEIR CONSUMER WASTE IN A WAY
THAT IS APPROPRIATE. WELL,
THOSE, YOU KNOW, IS THERE A
BUSINESS MODEL HERE SOMEWHERE.
IS THERE BUSINESS INNOVATION
THAT COULD BE BROUGHT TO BEAR ON
THIS IN SOME WAY? I DON'T KNOW.
YEAH. WELL, I MEAN THAT'S THE
KIND OF THE, THE, THE CORE
CONCEPT BEHIND EXTENDED PRODUCER
RESPONSIBILITY SO AS TO
ACTUALLY, YOU KNOW, THE FOLKS
WHO HAVE MOST CONTROL OVER THE
PRODUCTS. THAT'S RIGHT. WHO ALSO
KNOW BOTH THEIR PRODUCT AND
THEIR CONSUMER BASE. THE BEST
ARE THE BEST PLACED TO, YOU
KNOW, TO CONSIDER CIRCULARITY
AND END USE AS THEY'RE WORKING
ON DESIGN AND CONSUMER EDUCATION
AND YET WE DON'T GIVE THEM ANY
OF THAT RESPONSIBILITY. WE PUT
IT ALL IN THE HANDS OF
MUNICIPALITIES AND CONSUMERS,
AND THEN WE'RE SURPRISED WHEN
NOBODY KNOWS WHAT TO DO AND HOW
TO HANDLE IT. AND WE END UP, YOU
KNOW, CONTAMINATING OUR ENTIRE
SYSTEM. I MEAN, SO MUCH
HOUSEHOLD HAZARDOUS WASTE IS
ACTUALLY ENDING UP IN OUR
REGULAR RECYCLING STREAMS AND
MAKING IT HARDER FOR THOSE ITEMS
TO GET RECYCLED PROPERLY BECAUSE
THERE'S HAZARDOUS WASTE IN SOME
OF THE, PACKAGING FOR HW. SO YOU
KNOW, NOW WITH SB 54, RIGHT? WE,
WE, WE DEALT WITH SOME OF THE
CONFORMITY ISSUES THAT YOU'RE
TALKING ABOUT, YOU KNOW,
DIFFERENT JURISDICTIONS TAKING
DIFFERENT THINGS. WE'RE WORKING
ON. WE'RE HAVING THAT SAME
PROBLEM WITH NORMAL RECYCLING.
AND SO WE'RE TRYING TO NOW
CREATE UNIFORMITY AND CONFORMITY
STATEWIDE WITH REGARDS TO
PLASTICS, I THINK WE WANT TO
EXTEND THAT SAME CONCEPT TO
HOUSEHOLD HAZARDOUS WASTE,
THERE'S YOU KNOW, AND WE'RE IN
GOOD CONVERSATIONS. THERE'S JUST
BEEN A LOT OF PUSHBACK, PARTLY
BECAUSE PEOPLE ARE WORRIED ABOUT
ALL THE WORK ASSOCIATED WITH,
WITH, WITH GETTING 54 OFF THE
GROUND. BUT, BUT, BUT THERE'S A
LOT OF, A LOT OF FOLKS HAVE
BEEN, TURNING TO THE PLAN AS A
REASON TO WAIT. AND THAT'S BEEN
THAT'S BEEN BROUGHT UP OVER AND
OVER AGAIN, ACTUALLY. SO WHETHER
YOU LIKE IT OR NOT, THE PLAN'S
GOT YOU'VE BEEN GIVEN A LOT OF
PRESSURE. WELL THANK YOU FOR
THAT, AND SO, AND I AND OF
COURSE, I'M COMING TO REALIZE
THAT THE PLANS FACE. I MEAN,
YOU'RE DEALING. WHEN I ASKED YOU
ABOUT THE PLAN, YOU WANTED TO
TALK ABOUT DIG AND HAUL, WHICH
IS AN ENORMOUSLY IMPORTANT
ISSUE. WE JUST WERE TALKING
ABOUT EXIDE, AND, YOU KNOW, WE
ALL KNOW SOME OF THE CHALLENGES
WE'VE HAD WITH OUT OF STATE, ALL
THOSE ISSUES. BUT THAT'S JUST
THAT'S THAT'S ONE ONE OF SO MANY
DIFFERENT ISSUES IN HOUSEHOLD
HAZARDOUS WASTE HAPPENS TO BE
ONE. AND A LOT OF PEOPLE HAVE
BEEN PUTTING A LOT OF KIND OF
PRESSURE ON THE PLAN WITH
REGARDS TO HOUSEHOLD HAZARDOUS
WASTE AND THE DESIRE TO WAIT ON
TRYING TO PUSH FOR A MORE
COMPREHENSIVE, EXTENDED PRODUCER
RESPONSIBILITY MODEL ON
HOUSEHOLD HAZARDOUS WASTE, WHICH
I THINK WOULD HELP TO ADDRESS A
LOT OF THE CORE CONCERNS. WHEN
YOU TALK ABOUT A BUSINESS, YOU
KNOW, I LOVE RED. WELL, A GOOD,
GOOD BUSINESS MODEL. WE'VE WE'VE
HEARD, YOU KNOW, THINGS RELATED
TO THEM, THOUGH. THERE'S
CHALLENGES WITH THE, THE HAULERS
AND, YOU KNOW, A LOT OF THOSE
FRANCHISE CONTRACTS, THAT'S A
WHOLE NOTHER CONVERSATION WE'VE
HEARD IN THIS COMMITTEE. THE
COMMITTEE AT LEAST EXTENSIVELY,
BUT YOU KNOW, INSTEAD BUT AT THE
END OF THE DAY, THIS IS SUCH A
MASSIVE CHALLENGE. IT'S NOT
GOING TO BE SOLVED BY DO GOODER
COMPANIES THAT COME UP WITH
RELYING UPON KIND OF INDIVIDUAL
GOODWILL. WE REALLY NEED TO, AS
WE'VE DONE WITH OTHER
INDUSTRIES, ESPECIALLY WITH THE
PLASTICS INDUSTRY, WITH SB 54,
SAY, TO THE PRODUCERS, YOU'VE
GOT A REALLY CRITICAL ROLE HERE
IN HELPING US CRAFT A SYSTEM
THAT'S GOING TO LEAD TO PROPER
DISPOSAL AND HOPEFULLY SOME
DEGREE OF SAFE CIRCULARITY
ASSOCIATED WITH YOUR PRODUCTS.
AND SO I JUST WANT TO KIND OF,
YOU KNOW, THANK YOU. MENTION
THAT AND MAKE SURE THAT WE'RE IN
GOOD KIND OF PRODUCTIVE DIALOG,
BECAUSE THE VOICE OF DTSC AND
ALSO, AND ALSO YOUR, YOUR BOARD
CHAIR, RIZZO, IS, IS GOING TO BE
IMPORTANT CONTRIBUTORS TO THAT
DISCUSSION. THANK YOU. YEAH, I
GET IT. THE ONLY THING I'LL ADD
IS ONE OF THE THINGS THE REPORT
POINTED OUT WAS THE REDUCTION IN
THE NUMBER OF PERMITTED
FACILITIES IN THE STATE. AND
WHAT PART OF WHAT THAT MEANS IS
THERE ARE FEWER FACILITIES DOING
TREATMENT, AND THAT MEANS FEWER
FACILITIES THAT MIGHT BE ABLE TO
RECOVER SOME OF THE MATERIALS
THAT SHOW UP IN HOUSEHOLD
HAZARDOUS WASTE AND OTHER WASTE
STREAMS. AND SO I THINK THE PLAN
WILL SPEAK TO THAT. AND YOU
KNOW, IT'S NICE TO HAVE EXTENDED
PRODUCER RESPONSIBILITY, BUT
IT'S MORE LIKELY TO TAKE OFF IF
THERE'S ALREADY A FACILITY THAT
RECOVERS SOLVENTS OR OR
OTHERWISE MANAGES THE KINDS OF
MATERIALS WE'RE TALKING ABOUT
100%, THOUGH OF COURSE, THE
EXTENDED PRODUCER RESPONSIBILITY
ON ALSO CREATES THE IMPERATIVE
FOR INVESTMENT AND SCALING OF
THOSE OPERATIONS. EXACTLY, AND
AS YOU SAY, A LOT OF THOSE
OPERATIONS DO EXIST IN A
PIECEMEAL FORM. THEY'RE JUST
RIGHT NOW, THERE'S, THERE'S IT'S
NOWHERE NEAR AS COMPREHENSIVE TO
DEAL WITH THE AMOUNT OF, OF, OF
CONTAMINATED MATERIAL THAT'S OUT
THERE. SO THAT'S ONE, CHALLENGE.
AND I APPRECIATE YOUR ATTENTION
TO THIS ISSUE GOING FORWARD,
BECAUSE WE'RE GOING TO BE
WORKING WITH STAKEHOLDERS,
THROUGH THE COURSE OF THE FALL.
I SEE A COUPLE OF MY FRIENDS
HERE, ACTUALLY, WHO ARE GOING TO
BE WORKING CLOSELY WITH TO TRY
TO COME UP WITH SOME WITH A GOOD
PLAN. AND WE'VE ALREADY GOT A
FRAMEWORK IN PLACE, BUT THAT
WORK'S GOING TO CONTINUE AND
CERTAINLY VERY MUCH INVITE YOUR
ENGAGEMENT, ANOTHER BILL I'VE
BEEN WORKING ON THAT. I'M SURE
YOU AND I KNOW SOME OTHER FOLKS
IN THE AUDIENCE ARE AWARE OF,
AND IT'S MENTIONED IN THE IN THE
BACKGROUND ARE, METAL SHREDDING,
YOU KNOW, I THINK, YOU KNOW,
WE'VE HEARD ABOUT THE
ENFORCEMENT EFFORTS UNDERWAY TO
BETTER MANAGE THE METAL
SHREDDERS THAT WE HAVE HERE IN
THE STATE. YOU KNOW, WE'VE HEARD
FROM INDUSTRY THAT SOME
PROVISIONS OF THE HAZARDOUS
WASTE STATUTE SIMPLY DON'T APPLY
TO METAL SHREDDERS. YOU KNOW,
THEIR RECYCLING AND COMMODITY,
YOU KNOW, WE HAVE A BILL THAT WE
INTRODUCED TO, ATTEMPT TO TAKE A
STAB AT CREATING A FRAMEWORK TO
REGULATE THESE FACILITIES THAT
CURRENTLY CLAIM TO BE, YOU KNOW,
UNREGULATED. I MEAN, YOU KNOW,
AT LEAST NOT SUBJECT TO
REGULATION TO THE HOUSEHOLD
HAZARDOUS WASTE REGULATION.
PERHAPS APPROPRIATELY, BY THE
WAY. I MEAN, I DON'T KNOW, IT'S
AN IMPORTANT CIRCULAR INDUSTRY.
THE FLIP SIDE IS IT'S NOT IT'S
NOT A REGULAR COMMODITY RIGHT
THERE. WE KNOW THERE'S REAL
POLLUTION ASSOCIATED AND THERE'S
ENVIRONMENTAL JUSTICE IMPACTS.
AND, WE'VE BEEN IN DEEP
CONVERSATIONS ABOUT ALL THOSE
IMPACTS RECENTLY. SO BUT THE I
THINK WE ALSO RECOGNIZE THAT THE
STATUS QUO IS NOT WORKING EITHER
WITH REGARDS TO THE SHREDDERS,
AND PRETENDING OTHERWISE. I
THINK IT WOULD BE A MASSIVE
MISTAKE. SO I'D LOVE TO JUST
KIND OF GET A SENSE FROM THE TWO
OF YOU ABOUT MAYBE SOME INSIGHTS
AS TO SOME OF THE CHALLENGES
THAT THE DEPARTMENT'S BEEN
FACING AS IT SEEKS TO REGULATE
THESE FACILITIES BEYOND THE
ENFORCEMENT ACTIONS AND WHETHER
CURRENT INADEQUACIES IN THE LAW
OR CONFLICTS OVER INTERPRETATION
OF THE CURRENT LAW ARE GETTING
IN THE WAY OF OUR ABILITY TO
ADEQUATELY, ENSURE BOTH
ENVIRONMENTAL AND PUBLIC HEALTH
ASSOCIATED WITH THESE
FACILITIES. YEAH. SO YOU YOU
TOUCHED ON A LOT OF THE
DIFFERENT, REALLY CRITICAL
THINGS WITH, WITH RESPECT TO
METAL SHREDDERS. FIRST AND
FOREMOST, IT IS AN INDUSTRY THAT
DOES A VERY IMPORTANT SERVICE
FOR CALIFORNIA. I THINK
CALIFORNIA HAS SOME OBLIGATIONS
TO MAKE SURE WE HAVE THESE KINDS
OF INDUSTRIES IN STATE TO, TO,
TO BE RESPONSIBLE FOR THE WASTE
THAT WE GENERATE. AND SO WE WANT
THEM, YOU KNOW, WE WANT TO GIVE
THEM A PATH TO BE ABLE TO
OPERATE. THAT'S WE ARE COMMITTED
TO THAT, THAT SAID, THEY THEY'RE
THE NUMBER OF PROBLEMS THEY'VE
HAD HAVE PERSISTED FOR YEARS. SO
WE HAVE USED VERY STRONG
ENFORCEMENT. BUT ONE REASON
WE'VE HAD TO RELY ON ENFORCEMENT
IS BECAUSE OF, FOR INSTANCE,
LITIGATION. WHEN WE TRIED TO
PUT, REGULATORY REGIMES IN
PLACE. AND SO THE FACT THAT, YOU
KNOW, YOU'VE TAKEN UP SOME
LEGISLATION, IT DOES GIVE US AN
OPPORTUNITY, PERHAPS TO GET IT
RIGHT, TO FIGURE OUT, WELL, WHAT
DOESN'T APPLY AND WHAT ISN'T
NECESSARY, IN IN ORDER TO GET
THESE, MAKE SURE THAT THESE
FACILITIES OPERATE SAFELY. WHICH
PART OF THE HAZARDOUS WASTE
CONTROL LAWS ACTUALLY DON'T
APPLY? BECAUSE WE HAVE HAD
CONVERSATIONS WITH FOR YEARS
WITH THE INDUSTRY SAYING, TELL
US WHAT DOESN'T APPLY. AND IT'S
ONLY UNTIL IT'S TAKEN UNTIL VERY
RECENTLY FOR THEM TO GET VERY
SPECIFIC WITH US ABOUT WHY
THEY'RE SO DIFFERENT THAN OTHER
OTHER OPERATIONS, BECAUSE FOR
US, WE CAN GO DOWN THE LINE AND
FIND AN AWFUL LOT OF THE
HAZARDOUS WASTE CONTROL LAW.
THAT DEFINITELY APPLIES TO THOSE
FACILITIES. BUT WE RECOGNIZE THE
VALUE OF THE FACILITY. WE
RECOGNIZE THEY DO HAVE UNIQUE
CHALLENGES. AND IF THERE'S A
PATH FORWARD ON THE LEGISLATION
LEGISLATIVE FRONT THAT THAT
WORKS AND IS PROTECTIVE AND,
DOESN'T UNDERMINE OUR AUTHORITY
AND DOESN'T, YOU KNOW,
CONTRADICT SOME OF THE REFORMS
WE'VE PUT IN PLACE OVER THE PAST
COUPLE OF YEARS. THEN WE'RE
GETTING SOMEWHERE. THEN THERE'S
REAL POTENTIAL THERE. WELL, AND
I THINK THE OTHER THING YOU'RE
UP AGAINST IS, THESE METAL
SHREDDERS, THEY'RE A LAND USE
ISSUES, RIGHT? YOU KNOW, LEASES.
SO THEY, THEY'RE IF THEY'RE
HAZARDOUS WASTE, THEY SOME OF
THEM CAN'T BE WHERE THEY ARE
BECAUSE OF WHATEVER THE
AGREEMENTS ARE ABOUT THEIR
LOCATION. AND THAT'S COME UP.
WE'VE HEARD THAT FROM THEM THAT
THEY, YOU KNOW, THEY WOULD BE
RESTRICTED IF THEY WERE LABELED
HAZARDOUS WASTE FACILITY, THEN
THEY WOULDN'T. AND I DON'T KNOW
WHICH ONES THOSE ARE. BUT THAT'S
BEEN ONE OF THE ARGUMENTS THAT
HAS BEEN PUT FORTH. I DON'T KNOW
HOW YOU RESOLVE THAT, BUT THAT'S
SOMETHING TO TACKLE. AND TO,
BECAUSE IT ISN'T ALL HAZARDOUS
WASTE, BUT THERE'S HAZARDS. SO,
HOW DO YOU YOU KNOW, I THINK
THAT'S AN ISSUE OR THAT'S ONE OF
THE THINGS THAT THEY HAVE ARGUED.
OKAY. AGAIN, AGAIN, AN AREA
WHERE I THINK WE'RE GOING TO BE,
ENGAGING IN, IN A LOT OF FURTHER
WORK BECAUSE WE REALLY ARE
TRYING TO FIND, I THINK, YOU
KNOW, IT'S ONE OF THESE, YOU
KNOW, POLITICALLY OR
LEGISLATIVELY THANKLESS TASK.
BUT BUT, BUT, BUT IT REALLY I
THINK IT'S AN AREA THAT WE'VE
IDENTIFIED THAT REALLY REQUIRES
SOME SERIOUS WORK, WE NEED IT,
WE NEED IT. WE NEED A SOLUTION
HERE. YEAH, SO YES, YES. I'M IN,
I'M IN. I'M IN STRONG AGREEMENT
WITH YOU ON THAT. SO THE
QUESTION IS, HOW DO WE HOW DO WE
LAND THE DETAILS? AND AS ALWAYS,
IT'S DIFFICULT, OBVIOUSLY
SIGNIFICANT. EJ COMPONENT TO
THAT CONVERSATION. I HEARD YOUR
CONVERSATION WITH SENATOR RUSSO,
JUST WOULD LOVE TO MAYBE HEAR
YOU GO A LITTLE DEEPER ON ON
YOUR ON YOUR PLANS TO BUILD
TRUST AND MEANINGFUL ENGAGEMENT
WITH EFFECTIVE, YOU KNOW, KIND
OF, EFFECTIVELY WITH, WITH, WITH
HISTORICALLY OVERBURDENED
COMMUNITIES. IT'S IN GENERAL, I
MEAN, CAN YOU KIND OF MAYBE
REFLECT ON, YOU KNOW, WHAT?
WE'VE WE KIND OF WALKED INTO A
VERY CHALLENGING SITUATION WITH
REGARDS TO THE SHREDDERS IN WEST
OAKLAND. OBVIOUSLY, THERE'S A
SITUATION IN EXIDE, YOU KNOW,
THERE'S SO MANY OF THESE CASES
AROUND THE STATE, SADLY, AND OF
COURSE, DTSC IS AT THE FRONT
LINES OF THIS VERY DIFFICULT
CONVERSATION, ESPECIALLY AS WE
OFTENTIMES ARE FACING CONFLICTS
OF, I THINK THE SHREDDER
SITUATION IS A GOOD EXAMPLE OF
KIND OF A BROADER SOCIETAL NEED,
A GREATER CIRCULARITY FOR THIS,
FOR METALS, WHICH ARE HIGHLY
RECYCLABLE AND, YOU KNOW, FOR
GOD'S SAKES, MUCH BETTER
ENVIRONMENTALLY IN MANY RESPECTS
THAN DOUBLING DOWN ON PLASTICS
OR OTHER TYPES OF LESS
ENVIRONMENTALLY FRIENDLY
PRODUCTS. AND YET, THERE'S A LOT
OF ENVIRONMENTAL IMPACT
ASSOCIATED WITH BOTH THE
COLLECTION, THE SMELTING, THE
BREAKING DOWN AND THE RECYCLING
OF METAL. THAT NEEDS TO BE, YOU
KNOW, KIND OF CONSIDERED AS
WE'RE AS WE'RE DOING THIS WORK.
SO, YOU KNOW, WE'D LOVE WE'D
LOVE KIND OF YOUR, YOUR, YOUR
SOME, SOME OF YOUR THOUGHTS ON
ON THE, ON PHILOSOPHICALLY ON ON
THE CHALLENGES AND PLANS
ASSOCIATED WITH WITH MEANINGFUL
ENGAGEMENT WITH A LOT OF OUR
FRONTLINE COMMUNITIES. YEAH.
WELL, THE FIRST THING IS JUST
SHOWING UP AND STARTING THE
CONVERSATION AND NOT SHOWING UP
ONCE AND GOING AWAY, AND IT'S
STARTING TO HAPPEN MORE AND
MORE. SO WE HAD THIS EXIDE
WORKING GROUP AND THAT'S NOW
TURNED INTO A MODEL THAT WE'RE
GOING TO APPLY TO THE ECOBANK
FACILITY AND THE COMMUNITIES
AROUND ECOBANK, WE ARE PART OF
THE REGULATORY AGENCIES
OVERSEEING THE CLEANUP AT
HUNTER'S POINT. THERE WAS A VERY
BIG SHIFT IN THE WAY THAT
ENGAGEMENT TAKES PLACE IN THE
PAST YEAR AND A HALF. AND SO
MUCH MORE REGULAR COMMUNICATION
WITH THE COMMUNITY, MUCH MORE,
MUCH MORE CROSS-GOVERNMENT
ENGAGEMENT, SO THAT IT'S NOT
JUST THE US EPA SHOWING UP, IT'S
ACTUALLY US EPA AND THE WATER
BOARD AND DTSC AND EVERYBODY
ELSE WHO NEEDS TO BE THERE, IT'S
SO IT'S CASE BY CASE, BUT WHAT
WE NEED TO DO IS THAT NOW WE
NEED TO START INSTITUTIONALIZING
THIS. WE'VE WE'VE HAD ENOUGH
SUCCESS WITH SOME OF THESE
APPROACHES THAT WE HAVE TO START
BUILDING THEM IN. THE CHALLENGE
WITH BUILDING SOME OF THESE
PROCESSES IN IS IT OF COURSE,
TAKES MORE TIME AND THEN, YOU
KNOW, DOES THAT IS THAT GOING TO
DELAY A CLEANUP FOR A DEVELOPER
THAT HAS A STRICT TIMELINE? I
DON'T KNOW. IS THAT GOING, YOU
KNOW, IS THAT GOING TO DELAY A
PERMIT DECISION BECAUSE WE TOOK
MORE TIME TO UNDERSTAND THE
COMMUNITY CONCERNS? WELL, THAT'S
ONE REASON WHY THE SB 673
COMMUNITY VULNERABILITY REGS CAN
HELP, BECAUSE IT DRIVES THAT IN
THE BEGINNING OF THE PROCESS, SO
THAT THE REST OF THE PROCESS CAN
CAN MOVE FORWARD. SO I I'M
TRYING TO THINK OF THE OTHER
CASES WE HAVE, BUT IT REALLY
THERE'S A PRETTY LONG LIST OF
PLACES WHERE THE ENGAGEMENT HAS
SHIFTED IN TERMS OF, HOW WE'RE,
YOU KNOW, OUR ABILITY TO PICK UP
THE PHONE AND KNOW WHO IS WHO IT
IS IN THE COMMUNITY TO TALK TO
OR FOR THEM TO REACH OUT TO US,
AND WE JUST WE JUST HAVE TO
CONTINUE THAT AND MAKE IT THE
NORM, CONTINUE TO MAKE IT THE
NORM. BUT AGAIN, IT YOU KNOW,
THAT'S ALL VERY NICE ON A CASE
BY CASE BASIS. BUT I DO THINK
THERE ARE OPPORTUNITIES TO
CREATE ACTUAL POLICIES AND
ACTUAL EXPECTATIONS FOR OUR
STAFF AND OUR TEAMS TO BE OUT
THERE IN COMMUNITY AND TO ENGAGE.
OKAY. CAN I JUST FOLLOW ON THAT
FOR ONE SECOND IN TERMS OF, WE
HAVEN'T CONDUCTED POLICY RELATED
SPECIFIC AGENDA ITEMS WHERE
WE'RE TALKING ABOUT, AN OPEN
MEETING OR A SEGMENT OF A, OF A
BOARD HEARING WHERE WE HEAR FROM
COMMUNITY ON AN ISSUE. WE HEAR
FROM INDUSTRY, WE HEAR I MEAN,
WE DON'T HEAR FROM GOVERNMENT AT
OUR MEETINGS, BUT, YOU KNOW,
WHERE WE'RE TALKING ABOUT
GETTING THAT INPUT. YOU ARE
GOVERNMENT IN ARMENIA. NO, I
KNOW, YEAH, I KNOW, BUT I MEAN,
OKAY, YOU'RE RIGHT, I AM
GOVERNMENT. THANK YOU. THEN I
GUESS IT'S HAPPENING, BUT BUT IN
TERMS OF PROPOSED LEGISLATION,
WE WE'VE STAYED AWAY FROM THAT.
RIGHT, WHEN SOMETHING IS IN
PROCESS. SO HOW CAN WE WORK
TOGETHER BETTER AND UTILIZE THE
OPPORTUNITIES THAT WE CREATE AS
A BOARD FOR SOME OF THESE
DISCUSSIONS, SOME OF THIS INPUT.
SO I'M VERY OPEN TO THAT. I
THINK, YOU KNOW, HAVING COME
FROM A POLICY SHOP, YOU KNOW,
BREAST CANCER PREVENTION
PARTNERS, THEY'VE PROBABLY
THEY'VE PROBABLY HOUNDED YOU FOR
THE LAST 20 YEARS. BUT IT'S WHY
WE HAVE GREEN CHEMISTRY AND
SAFER CONSUMER PRODUCTS, BECAUSE
WE THOSE DISCUSSIONS HAVE TO
HAPPEN BETWEEN THE
REPRESENTATIVES OF THOSE THAT
ARE HARMED AND THOSE THAT CAN
HELP FIX IT. SO MAYBE WE NEED TO
FIGURE OUT A WAY TO DO THAT.
YEAH. WELL, I MEAN, I APPRECIATE
THAT VERY MUCH. AND I LOOK,
THAT'S PART OF WHY WE HAVE THIS
BUILT IN ANNUAL CONVERSATION.
YOU KNOW, REFLECTIVE OF HOW
CRAZY THE LEGISLATURE IS. MAYBE
THIS ISN'T THE RIGHT TIME OF
YEAR TO DO IT, BUT HERE WE ONLY
HAVE THE TWO CHAIRS. WE'VE GOT
TWO FULL COMMITTEES AND
EVERYONE'S RUNNING AROUND. I WAS
LITERALLY QUADRUPLE BOOKED AT
THIS MOMENT, YOU KNOW? SO
THERE'S THAT PROBLEM, WE'RE SO
FOCUSED ON PASSING BILLS. I WAS
JUST TALKING TO A COLLEAGUE OF
MINE WHO'S TERMING OUT WHO IS
JUST ON THE WAY HERE. ACTUALLY,
WE WERE SAYING, SHE'S BEING
LAUDED FOR ALL THIS WONDERFUL
WORK, AND YET SHE'S FINDING THAT
SOME OF THE THINGS THAT SHE
PASSED AREN'T EVEN ACTUALLY
BEING IMPLEMENTED. SO WE'RE SO
FOCUSED ON TRYING TO PASS BILLS
BECAUSE WE HAVE SO MANY. YOU
KNOW, WE'RE NOT ALWAYS SO
FOCUSED ON OVERSIGHT AND HAVING
THESE KINDS OF CONVERSATIONS
WHERE WE CAN REALLY DO THE DEEP
DIVE WORK ASSOCIATED WITH THE
LEGISLATION THAT WE WORKED SO
HARD ON IN THE FIRST PLACE.
MAYBE WE SHOULD REDUCE THE
NUMBER OF BILLS WE ALL
INTRODUCED, YOU KNOW, I THINK IT
WOULD MAKE EVERYONE'S LIVES
EASIER, YOU KNOW, SO THEY'RE
VERY HAPPY ABOUT THAT. SO NO,
BUT SERIOUSLY, I THINK IT'S A
PROBLEM. I THINK WE'RE MORE OF A
BILL FACTORY THAN AN OVERSIGHT
OPERATION. AND YET AND THAT
ACTUALLY TAKES AWAY FROM THE
VALUE OF THE LEGISLATION THAT WE
DO PASS. SO IT'S EVEN IN OUR
IT'S OUR OWN INTEREST TO HAVE
BETTER OVERSIGHT SO AS TO MAKE
SURE THAT THE BILLS THAT WE DO
PASS ARE, ARE MEANINGFUL. NOW
THERE'S AREAS WHERE IT'S REALLY
HARD TO PASS BILLS AND THAT'S,
YOU KNOW, PRODUCTS, YOU KNOW,
AND SOME GREEN CHEMISTRY. I'VE
BEEN DOING SOME WORK IN THIS
SPACE. SO THIS IS MY FINAL
QUESTION. I KNOW I'VE ASKED A
LOT, AND THEN I'M DONE. AND
THANKFULLY, YOU KNOW, EDDIE AND
I ARE THE ONLY ONES HERE. SO,
YOU KNOW, THE COMMITTEE HEARINGS
ARE LIMITED IN TIME, BUT, CAN
YOU JUST TALK A LITTLE BIT MORE
ABOUT SOME OF THE CHALLENGES
YOU'VE BEEN FINDING IN EXPANDING
THE NUMBER OF PRIORITY PRODUCTS
THAT ARE REVIEWED, AND
SPECIFICALLY HOW RESOURCES ARE
ALLOCATED? YOU KNOW, YOU KNOW, I
MEAN, SO, SO WE HAD RESOURCES
ALLOCATED TWO YEARS AGO. HOW ARE
THEY GOING TO BE UTILIZED TO
BUILD OUT THIS PROGRAM? I MEAN,
WE KEEP SEEING IN OUR
COMMITTEES, I'M SURE, YOU KNOW,
ETESAM IS THE SAME, JUST ALL
THESE ONE OFF BANS ON CERTAIN
CHEMICALS. INDUSTRY COMES IN AND
SAYS THERE'S NO COMPREHENSIVE
APPROACH. THIS IS ALL ONE, YOU
KNOW, BUT AND THEN THEN THEY
HAVE A POINT WHEN THEY MAKE WHEN
THEY SAY, LOOK, WELL WHERE'S THE
DEPARTMENT ON THIS? WE'RE
SUPPOSED TO HAVE THIS
COMPREHENSIVE GREEN CHEMISTRY
PROGRAM THAT HASN'T LED TO A
SINGLE BAN OR, YOU KNOW, OR ANY
ANY RECOMMENDATIONS. SO THERE
WAS FUNDING TO FINALLY TRY TO
ADDRESS THIS. WE'RE NOT SEEING
MUCH PROGRESS, AT LEAST FROM OUR
END, BUT MAYBE A LOT OF WORK IS
HAPPENING ON YOUR END. I'D LOVE
TO HEAR MORE ABOUT IT. AND
THAT'S IT. AND AFTER THAT, YEAH.
I YEAH, I UNDERSTAND THE
CONTINUED FRUSTRATION AT THE
WHAT'S PERCEIVED AS THE SLOW
PACE OF THE PROGRAM. I DON'T
KNOW IF ANY OF YOU HAVE EVER
GONE ON THE WEBSITE. THE SCP
HOMEPAGE HAS A TIMELINE AND THAT
TIMELINE LISTS EVERY SINGLE
THING THEY'RE WORKING ON,
WHETHER THAT'S ADDING A CHEMICAL
TO THE CHEMICALS TO THE
CANDIDATE CHEMICALS LIST,
WHETHER THAT'S EVALUATING
ALTERNATIVES, ANALYZES
EVERYTHING IS THERE. AND THAT
TIMELINE IS A LITTLE BIT
OVERWHELMING. IT'S OVERWHELMING
BECAUSE THERE ACTUALLY IS SO
MUCH GOING ON IN THE PROGRAM.
THE PROGRAM IS TENDS TO BE A
VERY SYSTEMATIC PROGRAM. THEY'RE
VERY METHODICAL AND SO THEY MADE
A DECISION AND I THINK IT WAS
THE RIGHT DECISION. WE'RE GOING
TO FOCUS ON HIRING. AND WHAT
THAT MEANS IS THE PEOPLE WHO
WOULD NORMALLY BE CRANKING OUT
MORE PRODUCTS ARE GOING TO BE
HIRING PEOPLE, TRAINING THEM UP,
ONBOARDING THEM AND GETTING THEM
READY TO DO THE WORK. SO WE'RE
THROUGH WITH ALL OF THAT. THE
PROGRAM IS ESSENTIALLY FULLY
STAFFED AND THEY ARE I MEAN,
I'VE HAD PRESENTATIONS IN THE
LAST TWO WEEKS FROM NEW STAFF
MEMBERS WHO I NEVER SAW BEFORE,
AND THEY'RE INCREDIBLE. I MEAN,
THEY'RE JUST SO TALENTED AND
CAPABLE, AND THEY ARE MOVING.
THEY HAVE HONESTLY, THEY'RE
PROBABLY ANNOYED WITH ME BECAUSE
I'VE BEEN NOT MOVING. SOME OF
THIS IS HONESTLY ON ME. JUST
TRYING TO KEEP THEIR, THEIR,
THEIR WORK MOVING, BUT IT IS
MOVING. AND I DO THINK YOU'RE
GOING TO SEE IN THE NEXT SIX
MONTHS IT'LL, IT'LL, IT'LL
APPEAR DIFFERENT. I MEAN, AS IT
IS RIGHT NOW, AGAIN, WE'RE IN
PUBLIC COMMENT ON THREE
DIFFERENT PRIORITY PRODUCTS AT
THE SAME TIME, WHICH HAS NEVER
HAPPENED, AGAIN, THE ABILITY TO
MOVE FASTER TO REGULATORY
RESPONSE, ALL OF THAT'S GOING TO
MAKE A DIFFERENCE, SO IT'S, YOU
KNOW, I, I HATE TO SIT HERE AND
SAY, TRUST ME, BUT PART OF THIS
IS REALLY THERE'S GOOD
VISIBILITY. I MEAN, YOU WILL GET
MORE VISIBILITY INTO WHAT'S
HAPPENING IN THE PROGRAM THAT
SAID, OF COURSE, THE PROGRAM IS
NEVER GOING TO DO 100 PRODUCTS A
YEAR. AND GIVEN THE MAGNITUDE OF
THE PROBLEM, YOU KNOW, THERE
THERE IS THERE NEEDS TO BE ROOM
FOR OTHER SOLUTIONS. IT IS NOT
THE SOLUTION TO EVERYTHING IT IS
INTENDED TO DRIVE A PARADIGM
SHIFT SO THAT MANUFACTURERS
ACTUALLY THINK ABOUT THEIR THEIR
INGREDIENTS, WHICH I GOT TO SAY,
IT'S STILL ASTOUNDS ME THAT
PEOPLE SAY THEY CAN'T THEY CAN'T
CONTROL THEIR SUPPLY CHAINS.
IT'S A IT'S AN INGREDIENT THAT'S
IN YOUR PRODUCT. IT'S WHO ELSE
IS GOING TO CONTROL YOUR SUPPLY
CHAIN IF YOU DON'T CONTROL IT.
SO THESE ARE THE KINDS OF THINGS
THAT WE COME UP AGAINST. WITH,
WITH MANUFACTURERS THAT THEY,
THEY NEED TO BE ADDRESSING. SO
SAY FOR CONSUMER PRODUCTS NEEDS
TO CONTINUE TO PUT THE PRESSURE
ON MANUFACTURERS TO BE THINKING
IN DIFFERENT WAYS, I DO THINK
THE, THE IMPACT OF THE PROGRAM
EXTENDS WELL BEYOND THE NUMBER
OF PRODUCTS. THERE WAS A
CONGRESSIONAL HEARING TWO WEEKS
AGO ON, THE ISSUES AROUND TIRES
AND TIRE INGREDIENTS, AND THEY
REFERENCED SAFER CONSUMER
PRODUCTS WORK REPEATEDLY IN THAT
HEARING. SO THE IMPACT OF THE
PROGRAM IS BEING FELT, AND MAYBE
NOT FELT IN THE WAYS THAT PEOPLE
EXPECTED IT TO BE. BUT IT IS
IT'S MOVING AND AGAIN, YOU'LL
SEE, FOR INSTANCE, LIKE ON THE
SIX PADS AND TIRES, WE THAT WAS,
THAT WAS OUR FIRST REALLY ROBUST
ALTERNATIVES ANALYSIS PROCESS.
WE RECEIVED 17 ALTERNATIVES
ANALYZES, YOU KNOW, SOME OF THEM
WERE DONE AS PART OF A
CONSORTIUM. AND THE PROGRAM
EVALUATED THOSE ALTERNATIVES,
ANALYZES IN THE 60 WITHIN THE 60
DAYS THAT THEY WERE GIVEN. THERE
WAS NO THEY DIDN'T. THEY THEY
HIT THAT DEADLINE. THEY GOT BACK
TO THE MANUFACTURERS WITH THE
NOTICES OF INSUFFICIENCY OF
THEIR, OF THEIR ALTERNATIVES
ANALYZES. THEY KEPT THE PROGRAM
MOVING ON THE PACE THAT IT WAS
EXPECTED TO MOVE. SO THE
CAPACITY IS THERE. AND AGAIN,
YOU'LL YOU'LL START TO SEE THAT
BECOME MORE VISIBLE. OKAY. THANK
YOU. THANK YOU, SENATOR. GOOD
QUESTIONS. AND I HAVE A COUPLE
FOLLOW UPS TO SOME OF THE
QUESTIONS. I'LL BEGIN BY
THANKING YOU FOR THE WORK THAT
YOU'RE DOING ON BEHALF OF A
GROUP OF LEGISLATORS, ASSEMBLY
MEMBER PEELER, WHO IS VERY
GRATEFUL TO YOUR RESPONSE TO THE
PROBLEM IN HER DISTRICT. THAT
AFFECTS ALL OF US WHEN IT'S ALL
SAID AND DONE. AND THAT'S THE
CHIQUITA CANYON PROBLEM. I ALSO
APPRECIATE THE WORK THAT YOU'RE
DOING AS IT PERTAINS TO REALLY
WORKING WITH INDUSTRIES IN OUR
REGION AS IT PERTAINS TO LITHIUM
RECOVERY. AND ALTHOUGH IT'S AN
AREA OF A LOT OF UNKNOWNS, THE
MANY FIRSTS, YOU'RE DOING THE
JOB OF BEING VERY CAREFUL,
METHODICAL AND KEEPING IN MIND,
YOU KNOW, THE IMPACTS, BECAUSE
THERE WILL BE IMPACTS. AND
ALTHOUGH WE HAVE SAID IT COULD
BE THE CLEANEST, GREENEST
TECHNOLOGIES TO RECOVER, LITHIUM,
THERE WILL BE OTHER IMPLICATIONS
THERE. YOU MENTIONED TRUCKS
EARLIER AND WASTE PRODUCED. AND
I KNOW YOU'RE WORKING VERY
CLOSELY WITH, MANY STAKEHOLDERS
ON THAT, BUT TO BUILD ON SOME OF
THE QUESTIONS AND I'LL START
WITH THE CONSUMER PRODUCTS IN
2022, FUNDING WAS GIVEN TO THE
DEPARTMENT. IT WAS EXPECTED THAT
A HANDFUL OF PRODUCTS WOULD BE,
ANALYZED COMPREHENSIVELY AND
ULTIMATELY SOME TYPE OF,
DIRECTION. WE'VE WE'VE GOTTEN
ONE AND YOU'VE TALKED A LITTLE
BIT THROUGH THE QUESTIONS FROM
THE SENATOR AND WHAT SOME OF THE
CHALLENGES WERE. WHAT COULD THE
LEGISLATURE EXPECT AS IT
PERTAINS TO AN ANNUAL BASIS? HOW
MANY OF THESE PRODUCTS WILL YOU
BE ABLE TO ANALYZE LIST BECAUSE
THE PRESSURES ARE ON THE
LEGISLATURE HERE AS IT PERTAINS
TO, LEGISLATION BEING INTRODUCED
CONSISTENTLY, WE HAVE SCIENTISTS
SITTING ON ONE ANOTHER'S, YOU
KNOW, OPPOSITE SIDES TELLING US
THAT THAT ONE SIDE IS CORRECT.
THE OTHER ONE IS, YOU KNOW,
SCIENCE IS FLAWED AND SHY OF
SAYING, WE'RE GOING TO PUT A
MORATORIUM ON THESE TYPES OF
BILLS. BECAUSE THERE IS, YOU
KNOW, A LOT OF CONSUMER CONCERN
AS IT PERTAINS TO THE PROTECTION
OF THE PUBLIC HEALTH AND
WELL-BEING OF OUR CONSUMERS. THE
PRESSURE IS PUT ON US TO MOVE
QUICKER, RIGHT, WITH THE PIECE
OF LEGISLATION. AND I CAN THINK
OF SEVERAL BILLS THAT HAVE COME
THROUGH THIS COMMITTEE THIS YEAR
DEALING WITH THAT PARTICULAR
SITUATION. SO WHAT WOULD BE
YOUR, KIND OF GOALS AND
OBJECTIVES AS IT PERTAINS TO ON
AN ANNUAL BASIS, HOW MANY
PRODUCTS WE'D BE ABLE TO, BE
LISTED AFTER YOUR COMPREHENSIVE
ANALYSIS? I DO THINK, YOU KNOW,
THAT THAT 2022 TIMELINE, IF YOU
TAKE A, YOU KNOW, WE'LL PUSH
THAT ALL OUT. I WOULD EXPECT,
FOR INSTANCE, FIVE PRODUCTS THIS
YEAR. I'M NOT I DON'T THINK
THAT'S GOING TO BE TOO MUCH OF A
CHALLENGE THIS FISCAL YEAR. AND
THEN I THINK YOU'LL START TO SEE
THE RAMP UP TO TEN IN THE
FOLLOWING FISCAL YEARS. SO I DO
THINK THE PACE OF THE WORK IS
GOING TO PICK UP SIGNIFICANTLY.
THE OTHER THING I DO AND I DO
THINK THAT MOVING FORWARD,
THAT'S ABOUT THE PACE YOU'LL SEE
BETWEEN 5 AND 10 PRODUCTS A
YEAR. IT'S HARD TO MOVE MORE
REGULATIONS PACKAGES THAN THAT.
IT'S, YOU KNOW, IT'S HARD TO
MANAGE IF WE IF WE HAVE A, A
PRODUCT THAT HAS 100
MANUFACTURERS THAT HAVE TO
REPORT TO US AND WE HAVE TO LOOK
AT 100 ALTERNATIVES, ANALYZES,
IT'S THAT'S A LOT. AND SO WE DO
WE HAVE SOME CONSTRAINTS WITH
MANAGING THE WORK FLOW FOR THE
ENTIRE FOUR STEPS OF THE
REGULATIONS. I DO THINK THAT THE
LEGISLATURE, THERE IS AN
OPPORTUNITY FOR US WHEN, WHEN A
PRODUCT POPS UP, CALL US, WE ARE
THE FOOD PACKAGING, THE PFAS AND
FOOD PACKAGING BILL WAS WE
THOUGHT THAT WAS VERY GOOD
LEGISLATION. AND PART OF THE
REASON FOR THAT WAS BECAUSE
THERE WAS A CONVERSATION WITH US
ABOUT WHAT WE HAD LEARNED ABOUT
THOSE CHEMICALS IN THOSE
PRODUCTS AND WHAT WHERE WE
BECAUSE SOMETIMES WE KNOW THAT
CHEMICAL IS NOT IN THAT PRODUCT.
AND THE LEGISLATURE MIGHT NOT
KNOW. WE HAVE A CASE OF THAT
THIS YEAR WHERE ONE OF THE, YOU
KNOW, THERE WAS SOME PROPOSED
LEGISLATION, AND WE KNOW THAT
THAT'S NOT ACTUALLY A PROBLEM IN
THAT, IN THAT PARTICULAR
PRODUCT. SO WE ENCOURAGE SOME
CONVERSATION AROUND, YOU KNOW,
WHEN SOMETHING POPS UP AND
PEOPLE THINK THERE'S ACTION TO
BE TAKEN. SEE IF WE HAVE ANY
INFORMATION, SEE IF IT'S
SOMETHING WE'VE RESEARCHED, SEE
IF WE CAN. YOU KNOW, PROVIDE
SOME TECHNICAL SUPPORT BECAUSE
AS WE KNOW THAT, YOU KNOW, YOU
DON'T HAVE THE, THE, THE STAFF
THAT WE HAVE IN THE SCIENCE, YOU
KNOW, THE SCIENTISTS WE HAVE AND
WE HAVE WE RESEARCH A NUMBER OF
THINGS THAT WE DON'T PURSUE. AND
SO WE MAY HAVE INFORMATION ABOUT
SOMETHING THAT THAT IS NOT THAT
VISIBLE BECAUSE WE DECIDED NOT
TO PURSUE IT. WE ARE GOING TO BE
MAKING THOSE THINGS MORE VISIBLE
AS WE MOVE FORWARD. THANK YOU.
YOU KNOW, CONNECTED TO ONE OF
THE COMMENTS THAT OUR CO-CHAIR
HERE MADE EARLIER IS WE'RE
PASSING THESE BILLS, AND I'VE
HEARD OFTEN THE REFERENCE TO THE
ORPHAN CODE AND THE ENFORCEMENT
CHALLENGES, YOU KNOW, WE REALLY
WOULD, I THINK, BENEFIT
TREMENDOUSLY FROM YOUR
PARTICIPATION IN THESE
CONVERSATIONS SO THAT WE'RE NOT
JUST FOCUSED ON THE PASSING OF A
BILL AND THEN. YEAH. WHAT?
RIGHT. BECAUSE OF THE LACK OF
ENFORCEMENT. BUT SO THANK YOU
FOR IF I AND IF I COULD SAY
WE'RE MOTIVATED ABOUT THAT
BECAUSE WE GET PHONE CALLS FROM
MANUFACTURERS WHO SAY, WHO'S
GOING TO HELP ME MAKE SURE I'M
COMPLYING? AND WE HAVE TO SAY WE
DON'T HAVE THE AUTHORITY. AND SO
THE INDUSTRY ACTUALLY WOULD LIKE
A LITTLE BIT MORE CERTAINTY
ABOUT WHERE THESE THINGS RESIDE.
QUESTION IN REGARDS TO
ENGAGEMENT, A LOT HAS BEEN
DISCUSSED AND HOW YOU HAVE GONE
ABOUT WANT TO GO ABOUT THE EJ
ADVISORY COMMITTEE HAS TAKEN
QUITE A BIT OF TIME TO GET UP
AND GOING. I THINK YOU MENTIONED
IN YOUR COMMENTS, SEPTEMBER,
DATE, UNLESS I'M MIXING UP
COMMENTS, BUT CAN YOU ELABORATE
ON WHAT HAVE BEEN SOME OF THE
CHALLENGES OF ESTABLISHING THE
ENVIRONMENTAL JUSTICE ADVISORY
COMMITTEE? BECAUSE I, YOU KNOW,
I THINK THAT PLAYS A CRITICAL
ROLE IN THE COMMUNITY
PARTICIPATION, THAT YOU'RE
TRYING TO ACHIEVE OVERALL. YEAH.
I THINK, YOU KNOW, IF WE BETWEEN
THE TIME THAT THE, THE EJAC WAS
PUT INTO SB 158 AND NOW THE AIR
RESOURCES BOARD OBVIOUSLY HAD
THEIR EJAC AND LEARNED A LOT
ABOUT WHAT IT TAKES TO IMPLEMENT
THEIR EJ ACT. AND QUITE FRANKLY,
THERE ARE SOME LEGAL THINGS THAT
WERE UNANTICIPATED FOR THAT EJAC
THAT WE WANTED TO MAKE SURE WE
TOOK CARE OF CONFLICT OF
INTEREST THINGS, MAKING SURE
THAT ALL OF THOSE DUCKS WERE IN
A ROW AND THAT THAT ACTUALLY
TOOK A LITTLE LONGER THAN WE
WANTED TO GO THROUGH SOME OF
SOME OF THOSE DETAILS. I THINK
REALLY BEING THOUGHTFUL ABOUT
WHAT IS THIS EJAC GOING TO DO?
AND SO, FOR INSTANCE, AT ONE
POINT WE HAD A FRAMEWORK THAT
PERHAPS PUT TOO MANY
ADMINISTRATIVE RESPONSIBILITIES
ON THE EJAC, AND THAT'S NOT WHAT
THE EJAC IS. THERE FOR. WE NEED
THE EJAC TO BE DELIBERATING AND
FOCUSING ON THE ISSUES AND NOT
YOU KNOW, NOT NECESSARILY, DOING
TOO MUCH OF THE KIND OF
ADMINISTRATIVE WORK THAT WE, WE
DECIDED WE CAN FRONT LOAD AND WE
CAN TAKE CARE OF SOME OF THOSE
THINGS OFFLINE. SO, ALL OF THAT
TO SAY THAT THERE'S JUST BEEN A
LOT OF JUST THOUGHTFUL WORK AND
THEN OF COURSE, WE WE'VE WORKED
VERY CLOSELY WITH THE WITH THE
BOARD SUBCOMMITTEE, THE
ENVIRONMENTAL JUSTICE
SUBCOMMITTEE. AND, OF COURSE,
YOU KNOW, HOW LEGISLATION IS
ONCE IT'S IN LEGISLATION, PEOPLE
HAVE DIFFERENT INTERPRETATIONS,
MAKING SURE THAT WE GET ON THE
SAME PAGE ABOUT WHAT THE
EXPECTATIONS ARE FOR, FOR THE
COUNCIL HAS BEEN VERY IMPORTANT.
AND WE'RE THERE. I THINK WE'RE
THERE NOW, AND I THINK WE'LL
THINGS WILL MOVE FORWARD. THANK
YOU. I THINK THAT'S AN IMPORTANT
MESSAGE TO SEND TO THOSE WHO ARE
WATCHING, THOSE WHO ARE HERE,
WHEN WE TALK ABOUT A GENUINE
EFFORT TO HAVE FULL COMMUNITY
ENGAGEMENT AND PARTICIPATION,
SPECIFICALLY ON ON THIS SPECIFIC
TOPIC, RIGHT. THE ADVISORY
COMMITTEE PLAYS A CRITICAL,
CRITICAL ROLE. I WANT TO TALK A
LITTLE BIT ABOUT FUNDING. WHEN
SB 158 WAS PASSED, YOU YOU WERE
ALSO GIVEN THE OPPORTUNITY TO
WORK OFF OF A CERTAIN AMOUNT OF
MONEY, GIVEN THE BUDGET
CIRCUMSTANCES. WE SEEM TO BE
PULLING BACK ON THAT. WHAT ARE
THE IMPACTS THAT YOU CAN,
DISPLAY, FOR US HERE TO HAVE A
BETTER SENSE OF WHAT WE CAN
EXPECT, GIVEN THOSE CHANGES OF
FUNDING, ALTHOUGH YOU ALL DO
HAVE SOME AUTHORITY TO RAISE
CERTAIN FEES, GIVE US AN OUTLOOK
ON IN TERMS OF WHAT TO WHAT TO
EXPECT. THANK YOU FOR THAT, WE
DON'T RELY ON GENERAL FUNDS
EXCEPT FOR CVCI. AND THAT CUT
WILL WILL GET THROUGH NEXT YEAR
WITHOUT FEELING IT TOO HARSHLY,
BECAUSE THERE'S STILL SOME MONEY
THERE FOR THAT PROGRAM. THAT
THAT CUT IS SIGNIFICANT. AND
LONG TERM, WE HOPE THE STATE IS
IN BETTER SHAPE, TO BE ABLE TO
KEEP THAT GOING, THERE ARE
PROGRAMS THAT ARE FUNDED FOR A
SHORT AMOUNT OF TIME THAT WE,
THAT, YOU KNOW, AND I THAT
REALLY YOU CAN SPEAK TO MORE
SPECIFICALLY, BUT THE FEES ARE
INTENT IS TO MEET THE
APPROPRIATION WITH OUR FEES. SO
FROM THE BOARD'S PERSPECTIVE,
THERE'S A LOT OF MANDATES FOR
THIS BOARD WITH WE CAME BACK AND
DID SOME BUDGET CHANGE PROPOSALS
TO ELEVATE POSITIONS, BECAUSE
THE POSITIONS THAT WERE IN OUR
BUDGET WEREN'T GOING TO TAKE
CARE OF THE LEVEL OF EXPERTISE
THAT YOU EXPECT THAT WE EXPECT
FROM OUR STAFF TEAM, THE HOLD IS
GOING TO HAVE AN IMPACT ON US
NEXT YEAR, THE, THE HIRING
FREEZE IS GOING TO HAVE A
TREMENDOUS IMPACT ON THE BOARD,
I CAN SPEAK TO THAT. I DON'T
KNOW THE IMPACT THAT YOU'RE
GOING TO FEEL ON VACANCIES. SO
ANYTIME THAT HAPPENS, WE DON'T
HAVE GENERAL FUNDS. SO WE'RE
GOING TO RAISE FEES APPROPRIATE
TO THE APPROPRIATION. AND BEYOND
THAT, WE DON'T HAVE THE
AUTHORITY TO ADD SOMETHING TO IT.
WHATEVER YOU APPROPRIATE IS WHAT
WE HAVE TO LIVE WITH. SO IF YOU
WANT US TO DO MORE AND YOU
APPROPRIATE MORE, THEN THE FEES
WILL HAVE TO BE HIGHER. IT'S A
THAT'S THAT CYCLE. AND THEN THE
OTHER PIECE IS THE ONE GENERAL
FUND, WHICH IS THE CVCI. SO I
WOULD ONLY EXCUSE ME, I WOULD
ONLY SAY WE DID GET A LOAN THIS
YEAR TO AUGMENT THE SHORTFALL
TO, TO CLOSE THE GAP IN THE
GENERATION AND HANDLING FEES. SO
WE'RE NOT FEELING IMPACTS
NECESSARILY THIS YEAR. AND SO
IT'S A QUESTION OF, YOU KNOW, AS
WE PUT IN PLACE THE STRICTER
REQUIREMENTS ON EXEMPTIONS AND
MORE COMPLIANCE MEASURES FOR
GETTING PEOPLE TO PAY THEIR
FEES. AND AS THE BOARD RAISES
THEIR FEES, CAN WE CLOSE THAT
GAP SO THAT WE'RE NOT IMPACTING
OUR LEVELS OF SERVICE? AND CAN
WE PAY BACK THE LOAN IN THREE
YEARS? CAN WE CAN WE TAKE THAT
$40 MILLION AND PAY IT BACK
WITHOUT HARMING THE PRODUCTION
OF THE, YOU KNOW, OF THE
DEPARTMENT AND NOT ALLOWING THE
BOARD THEN TO REALLY EVALUATE
WHAT ELSE CAN WE CONTRIBUTE WITH
WHAT WE HAVE AND WHAT IS
REASONABLE TO ASK YOU FOR? I
THINK I MENTIONED LAST YEAR,
THERE WAS DISCUSSION AND A
REQUEST FOR ME TO COME BACK AND
TALK ABOUT OMBUDS, THE SB 158
REFERRED TO IT AS A WHOLE
PROGRAM, RIGHT? AS A MAJOR
OPERATION. WELL, THAT CAN'T BE
ACCOMPLISHED WITH ONE, STAFF
MEMBER AT A CERTAIN LEVEL, IF
YOU WANT A FULL ON OMBUDS
PROGRAM, THEN THAT HAS TO BE
FUNDED DIFFERENTLY. SO THOSE
KINDS OF THINGS, WHICH WE'RE NOT
BRINGING FORTH TO YOU NOW UNDER
THE CIRCUMSTANCES, BUT YOU'RE
ASKING ME LONG TERM. I'M SAYING
THOSE ARE THE KINDS OF THINGS
THAT WE MIGHT BE COMING BACK AND
TALKING WITH YOU ABOUT WHEN
THINGS ARE IN BETTER SHAPE FOR
THE STATE. THANK YOU SO MUCH. I
DON'T HAVE ANY OTHER QUESTIONS,
BUT JUST SIMPLY TO SAY THANK YOU
FOR BEING HERE. THANK YOU FOR
THE INSIGHTFUL INFORMATION WE
TOUCHED ON. MAYBE THE TIP OF THE
ICEBERG IN TERMS OF WHAT OUR
HIGH LEVEL PRIORITY DISCUSSIONS,
YOU KNOW, THIS THESE HEARINGS
ALLOW US TO DO SO RIGHT. AND I
THINK IT WOULD BE IMPORTANT FOR
US TO, EVEN IF NOT IN THIS TYPE
OF FORMAL SETTING, HAVE A
CONVERSATION MAYBE MORE THAN
ONCE A YEAR, RIGHT, ABOUT THESE
PARTICULAR TOPICS. SO THANK YOU
SO MUCH, AGAIN, FOR US, IT WAS
IMPORTANT THAT WE HAVE THIS
HEARING, ESPECIALLY AT THIS
CRITICAL TIME. I'LL NOW OPEN IT
UP FOR PUBLIC COMMENTS AND SEE
IF THERE ARE ANY INDIVIDUALS IN
THE ROOM WHO WOULD LIKE TO MAKE
A FEW COMMENTS, PLEASE. YOUR
NAME, YOUR AFFILIATION, AND
PLEASE TRY TO KEEP YOUR COMMENTS
BRIEF AS WE ARE IN A HARD STOP
IN THIS ROOM IN A FEW MINUTES.
SO THANK YOU. AND WHILE PEOPLE
ARE COMING UP, I'LL JUST SAY
THANK YOU. THANK YOU FOR THE
TIME THE ATTENTION. AND WE WOULD
ALSO APPRECIATE BEING CONTINUING
STAYING IN CONVERSATION. THANK
YOU AGAIN. IT'S HI. GOOD
AFTERNOON. TESTING. IT'S GOOD.
OKAY. HI. GOOD AFTERNOON. MY
NAME IS GRECIA OROZCO. I'M WITH
THE CENTER ON RACE, POVERTY AND
ENVIRONMENT. I'M ALSO HERE
SPEAKING ON BEHALF OF THE
CALIFORNIA ENVIRONMENTAL JUSTICE
ALLIANCE. THE CHANGE COALITION.
PHYSICIANS FOR SOCIAL
RESPONSIBILITY, LOS ANGELES,
BLACK WOMEN FOR WELLNESS, AND
COMMITTEE COMMUNITIES FOR A
BETTER ENVIRONMENT, OUR ORGS ALL
REPRESENT ENVIRONMENTAL JUSTICE
COMMUNITIES THROUGHOUT THE
STATE, AND WE INTERACT WITH DTSC
AND THE BOARD OF ENVIRONMENTAL
SAFETY ON SEVERAL ISSUES,
INCLUDING PERMITTING CLEANUPS
AND MUCH MORE. WE'RE VERY
GRATEFUL TO HAVE THIS
OPPORTUNITY TO PROVIDE FEEDBACK,
AND WE LOOK FORWARD TO CONTINUE
TO WORKING WITH YOUR AGENCY TO
PROTECT OUR COMMUNITIES, WE DID
SUBMIT A LETTER TO THE BOARD OF
ENVIRONMENTAL SAFETY REGARDING
THE EVALUATION FOR THIS
LEGISLATIVE HEARING. AND WE'VE
DETERMINED THAT DTSC SHOULD
IMPROVE IN THE FOLLOWING THREE
CATEGORIES, AMONG MANY OTHERS
THAT ARE OUTLINED IN THAT
LETTER, INCLUDING ENVIRONMENTAL
JUSTICE, PUBLIC ENGAGEMENT AND
ENFORCEMENT. AND PERMITTING.
FIRST, REGARDING COMMUNITY
ENGAGEMENT AND ENFORCEMENT
AGAINST POLLUTERS AND
VIOLATIONS, YOU KNOW, WE SEE
OFTENTIMES THAT MANY COMMUNITY
MEMBERS FROM ENVIRONMENTAL
JUSTICE COMMUNITIES ARE UNAWARE
OF HOW TO REPORT VIOLATIONS. AND
THERE IS A LACK OF TRUST
SOMETIMES WITH DTSC IN WHETHER
CONCERNS ARE GOING TO BE
ADDRESSED. I DO WANT TO ADDRESS
SOMETHING THAT WAS MENTIONED AT
THIS MEETING THAT ALTHOUGH WE
APPRECIATE THAT THERE HAVE BEEN
ADDITIONAL OPPORTUNITIES TO
ENGAGE WITH THE PUBLIC, THE
COMMUNITIES REQUIRE MORE THAN
JUST OPEN MEETINGS THAT WHEN
THEY'RE BEING TOLD THE SAME
THING OVER AND OVER AGAIN, THERE
NEEDS TO BE OPPORTUNITIES TO
PROVIDE TRANSPARENT FEEDBACK AND
ANSWERS BACK TO THE QUESTIONS
THAT ARE GIVEN TO THE COMMUNITY,
ADDITIONALLY, YOU KNOW, THAT
WOULD MAKE IT TO BE MUCH MORE
PROACTIVE COMMUNITY INVOLVEMENT
AND A BETTER MOMENT FOR
COMMUNICATION BETWEEN OUR
RESPECTIVE COMMUNITIES. WE'VE
ALSO EXPRESSED CONCERNS BEFORE
ABOUT THE DELAYED IMPLEMENTATION
OF SB 673, WHICH WOULD AIM TO
MANAGE CUMULATIVE IMPACTS IN
PERMITTING AND WE REALLY URGE
DTSC TO ENGAGE FURTHER WITH THE
COMMUNITY TO GET THIS PROCESS
MOVING AT A MUCH FASTER PACE
THAN WHAT WE HAVE SEEN, AS THIS
IS GOING TO BE CRUCIAL FOR OUR
COMMUNITIES AS THEY ARE
CURRENTLY DEALING WITH MANY
CUMULATIVE IMPACTS FROM
HAZARDOUS WASTE FACILITIES IN
THEIR NEIGHBORHOODS. WE ALSO
FURTHER ENCOURAGE DTSC TO WORK
MORE WITH COMMUNITIES. ABOUT THE
ENVIRONMENTAL JUSTICE ADVISORY
COUNCIL FRAMEWORK. WE HAVE NOT
RECEIVED MANY UPDATES SINCE WE
RECEIVED THAT FRAMEWORK AND HAD
THE INITIAL OPPORTUNITY TO
COMMENT IN SEPTEMBER. I BELIEVE.
AND YOU KNOW, THE REASONS THAT
WE'RE GIVEN TODAY ARE SOMETHING
THAT I HAVE NOT HEARD BEFORE. SO
BEING ABLE TO PROVIDE MORE
UPDATES ON THAT WOULD BE TRULY
APPRECIATED, ESPECIALLY TO THE
COMMUNITY MEMBERS, NOT JUST TO
THE LEGISLATOR, THE LEGISLATORS
HERE TODAY, AND LASTLY, AMONG
MANY OTHER THINGS IN THIS LETTER,
WE KNOW THAT ENVIRONMENTAL
JUSTICE COMMUNITIES FACE A
DISPROPORTIONATE AMOUNT OF
POLLUTION, ESPECIALLY FROM
HAZARDOUS FACILITIES. SO WE ASK
THAT DTSC REALLY PRIORITIZE THE
STATEWIDE HAZARDOUS WASTE
MANAGEMENT PLAN IN ORDER TO
REALLY HONE IN ON THE REDUCTION
OF HAZARDOUS WASTE AND HOLDING
THE POLLUTERS FINANCIALLY
RESPONSIBLE IN ORDER TO REALLY
MAKE SURE THAT WE REDUCE THAT
TOXIC WASTE IN OUR COMMUNITIES.
THIS IS HELPFUL FOR CLEANUPS
PERMITTING, AND AS WE'VE SEEN IN
THE COMMUNITIES IN LOS ANGELES
WITH EXIDE, THE SANTA SUSANA
FIELD LABS AND SOME CLEANUPS IN
KERN COUNTY, BEING ABLE TO
MANAGE OR REDUCE THAT HAZARDOUS
WASTE AND PREVENTING ANY OF
THOSE ISSUES IN THE FIRST PLACE
IS IMPERATIVE. AND FOR THESE
REASONS, AND THE OTHER ONES
FURTHER OUTLINED IN THE LETTER
THAT WE SUBMITTED, WE STRONGLY
URGE DTSC TO FOSTER MORE
COMMUNITY ENGAGEMENT, INCLUDE
MORE TRANSPARENCY MEASURES AND
ACCOUNTABILITY TO PROTECT OUR
HEALTH AND THE ENVIRONMENT.
THANK YOU SO MUCH. THANK YOU.
GOOD AFTERNOON. DAWN KOEPKE WITH
MCHUGH KOEPKE. PADRONE. ON
BEHALF OF A NUMBER OF CLIENTS
WITH INTEREST ON DTSC BOARD OF
ENVIRONMENTAL SAFETY ISSUES,
STARTING ON A COUPLE OF KEY
THINGS. I FIRST WANT TO JUST
RECOGNIZE THE DEPARTMENT UNDER
THE DIRECTOR'S LEADERSHIP WITH
SHE AND HER TEAM AS WELL AS
CHAIR RIZZO AND THE BOARD,
THEY'VE BEEN VERY RESPONSIVE AND
ENGAGED AS PART OF WORKING WITH
A NUMBER OF STAKEHOLDERS. AND
CERTAINLY THE REGULATED
COMMUNITY. SO WE APPRECIATE THAT
ENGAGEMENT, RESPONSIVENESS, AND
INDEED ON A COUPLE OF SPECIFIC
ISSUES FOR THE CALIFORNIA
COUNCIL FOR ENVIRONMENTAL AND
ECONOMIC BALANCE, ON THE TOPIC
OF FEES, CERTAINLY WE'VE BEEN
VERY ENGAGED BOTH WITH THE
DEPARTMENT, WITH THE BOARD, AS
WELL AS CDTFA AS PART OF NOT
ONLY WORKING THROUGH SOME OF
THOSE CHANGES THROUGH THE BUDGET
PROCESS THIS YEAR, BUT CERTAINLY
AS PART OF THE ENACTMENT OF SB
158, WE STILL CONTINUE TO BE
CONCERNED JUST ABOUT KIND OF THE
LONG TERM ASSOCIATED WITH FEES
AND JUST THE TENSION ASSOCIATED
WITH THE INTEREST IN REDUCING
HAZARDOUS WASTE GENERATION AND
YET IN REDUCING HAZARDOUS
HAZARDOUS WASTE GENERATION MEANS
A REDUCTION IN FEES IMPACTING
THE DEPARTMENT'S BUDGET. THERE
IS CLEARLY A NEED FOR KIND OF A
BROADER, MORE DETAILED
CONVERSATION ABOUT FUNDING FOR
THE DEPARTMENT OVER THE LONG
TERM, WE WOULD ARGUE, NOT JUST
SOLELY ON THE BACKS OF FEES.
ADDITIONALLY, FORESEE WITH
REGARD TO SITE MITIGATION AND
CLEANUP, WE ARE HEARING MORE AND
MORE FROM OUR MEMBERS ABOUT
CONCERNS ABOUT SOME OF THE
TIMELINES ASSOCIATED WITH SOME
OF THOSE PROJECT REVIEWS,
CLOSURES. WHAT HAVE YOU. SO WE
CERTAINLY HAVE HAD SOME
CONVERSATIONS WITH THE
DEPARTMENT, BUT LOOK FORWARD TO
DIGGING IN A LITTLE BIT MORE
DEEPLY, HOPEFULLY THIS FALL ON
SOME OF THOSE ACTIVITIES FOR THE
CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSOCIATION AND
CHEMICAL INDUSTRY COUNCIL OF
CALIFORNIA, RELATIVE TO THE
SAFER CONSUMER PRODUCTS PROGRAM,
BOTH CMTA AND CEQ HAVE BEEN
DEEPLY ENGAGED IN THE SAFER
CONSUMER PRODUCTS PROGRAM SINCE
ITS ENACTMENT IN LEGISLATION.
THEY WERE AT THE TABLE HELPING
TO NEGOTIATE THOSE, AND I IN
PARTICULAR, HAVE BEEN INVOLVED
AS PART OF GOING BACK TO THE
DEVELOPMENT OF THOSE
REGULATIONS. AND EVER SINCE, WE
JUST KIND OF HIGHLIGHT THAT
CERTAINLY WE REMAIN ENGAGED AND
JUST WOULD AS PART OF OUR
CONVERSATIONS WITH THE
DEPARTMENT, JUST REALLY WANT TO
ENCOURAGE THE LEGISLATURE TO BE
MINDFUL. THIS IS A VERY
DELIBERATIVE PROCESS. IT WAS
NEVER BUILT TO BE A FAST PROCESS
TO GET TO OUTCOMES. AND
ADDITIONALLY, WE'VE HAD A LOT OF
CONVERSATIONS ABOUT HOW TO
DEMONSTRATE, YOU KNOW, SUCCESS
WITH THE PROGRAM AND MUCH OF THE
SUCCESS THAT I THINK THE STATE
AND JUST GENERALLY CONSUMERS ARE
SEEING IS NOT QUITE AS TANGIBLE
IN TERMS OF METRICS BECAUSE OF
THE WORK THAT THE DEPARTMENT'S
DOING IN THE PROGRAM. IT'S
PUSHING CHANGES IN THE MARKET
WITH CONSUMER PRODUCTS, WITH
INGREDIENTS LONG BEFORE THEY'RE
ACTUALLY GETTING TO REGULATIONS.
SO WE JUST JUST REALLY THINK
THAT THAT'S IMPORTANT TO NOTE.
AND THEN FINALLY, CHAIR ALLEN,
JUST WITH REGARD TO YOUR
HOUSEHOLD HAZARDOUS WASTE
DISCUSSION, AS CERTAINLY AS
WE'VE COMMITTED TO YOU, WE ARE
CERTAINLY PREPARED TO SIT AT THE
TABLE THIS FALL TO WORK THROUGH
THAT AND LOOK FORWARD TO WORKING
WITH DTSC ON THAT TOPIC AS WELL.
SO THANK YOU, THANK YOU, THANK
YOU VERY MUCH. THANK YOU. DAN.
YES, MA'AM. WELL, GOOD AFTERNOON,
I'M MISS MARGARET GORDON. HELLO,
SENATOR ALLEN. HI THERE, WE HAVE
SEEN EACH OTHER ON ZOOM. YEAH.
NOW WE GET TO SEE EACH OTHER IN
PERSON, I'M HERE TO ASK ABOUT
SUSPENDING THE BILL UNTIL WE
HAVE A MORE FORMAL, FORMAL
ENGAGEMENT WITH REGULATORY
PEOPLE, COMMUNITY, PEOPLE,
ENVIRONMENTAL JUSTICE. THE
SCIENTISTS, THE RESEARCHERS, ALL
IN ONE PLACE TO UNDERSTAND WHAT,
HOW, WHY THIS? WHY THIS BILL HAS
NOT BEEN COLLECTIVELY ENGAGING
ALL OF US AT ONE TIME. THAT'S
NUMBER ONE. NUMBER TWO, WE DO
NEED TO BE HAVE SET A DATE AND
TIME FOR THAT. FOR US TO BE IN
ALL IN ONE ROOM TO DO PROBLEM
SOLVING, DO A PROCESS FOR
SOLUTIONS. AS OF RIGHT NOW, WE
HAVE NOT HAD THAT. WE HAVE NOT
HAD THAT PROCESS AT ALL. NOTHING
COULD JUST BACK AND FORTH
MEETINGS AND ZOOM AND TELEPHONE
CALLS. WE NEED TO HAVE SOMETHING
MORE ACTUAL AND ACTUAL FOR US TO
BE MORE ENGAGING AROUND THIS
PROCESS. AND LASTLY, I WILL LIKE
TO SEE THAT THE RAPID RESPONSE
TASK FORCE REPORT REVIEWED AND
SEE WHAT'S IN IT THAT WILL
SUPPORT, MAKING CHANGES AROUND
THE METAL SHREDDING PROCESS.
THREE FIRES AND FIVE YEARS IN
ONE COMMUNITY. THAT'S TOO MUCH.
THAT'S WHAT HAPPENED TO WEST
OAKLAND. THREE FIRES. I LIVE
LESS THAN A MILE FROM THE SITE.
I VISITED THE SITE AND IT STILL
NEEDS SOME MITIGATION. THE SHIP
THAT BRINGS IN, THAT BRINGS IN
OR TAKE OUT THE FEEDSTOCK IS NOT
ELECTRIFIED. IT DOESN'T PLUG
INTO THE DOCKS. THE CRANE THAT
THEY'RE USING IS STILL A DIESEL
CRANE. WE HAVE NO IDEA WHAT KIND
OF THOSE TRUCKS THEY BRING IN
THE FEEDSTOCK. WE DON'T EVEN
KNOW IF THOSE TRUCKS ARE
REGISTERED ON THE CARB OR AIR
QUALITY. WE DO KNOW. I DO KNOW
FROM BEING THERE WHEN THEY START
SPRAYING DOWN SOME OF THE
SHREDDING MATERIALS AND GAVE OFF
STEAM, THERE WAS A CHEMICAL
SMELL THAT CAME OFF OF THAT. SO
THERE'S LOTS OF LOTS OF REASONS
TO SLOW DOWN THIS BILL AND BE
ABLE TO TALK ABOUT MORE ABOUT
PROTECTING THE COMMUNITY AT
LARGE, WHO WHO IS SURROUNDED,
SUCH AS WEST OAKLAND BY A PORT,
THREE FREEWAYS, A POST OFFICE
DISTRIBUTION CENTER, A RAIL THAT
RUNS 18 HOURS A DAY. BART RUNS
18 HOURS A DAY ON ONE STREET,
TRUCKS 24 OVER SEVEN. NO
ENFORCEMENT, NO ENFORCEMENT OF
ANY KIND. AFTER 5:00 AND BEFORE
5 A.M. THERE'S A LOT TO BE DONE.
THAT'S AS I HAVE LEARNED, THAT
REPRESENTS CUMULATIVE IMPACTS TO
WEST OAKLAND. AND I THINK THAT
THAT SHOULD BE LIFTED UP. AND
ALL OUR COMMUNITIES THAT WE HAVE
MULTIPLE LEVELS OF IMPACTS.
THANK YOU. THANK YOU, I
APPRECIATE IT. THANK YOU. GOOD
AFTERNOON. I'M LARRY SCHWEITZER,
SCHWEITZER AND ASSOCIATES, ON
BEHALF OF THE RURAL COUNTY
REPRESENTATIVES OF CALIFORNIA
RC, RC 40 RURAL COUNTIES IN
CALIFORNIA, COVER QUITE A BIT OF
THE STATE. WE DEFINITELY SUPPORT
THE PROPER MANAGEMENT OF
HAZARDOUS WASTE, WE DID PROVIDE
COMMENTS ON THE HAZARDOUS WASTE
MANAGEMENT PLAN AND RURAL
COUNTIES ARE INTERESTED IN
HAZARDOUS WASTE MANAGEMENT FOR A
NUMBER OF REASONS. FIRST OFF,
MANY OF OUR AGENCIES AND
BUSINESSES GENERATE HAZARDOUS
WASTE, SO WE'RE SUBJECT TO THE
REGULATIONS AND WE HAVE VERY FEW
LARGE INDUSTRIES, MOSTLY
AGRICULTURE. BUT WE ALSO HAVE A
LOT OF SMALL BUSINESSES. MOST OF
OUR BUSINESSES ARE SMALL
BUSINESSES. SO THEY HAVE THE
SAME RULES. THEY HAVE TO APPLY
WITH LESS RESOURCES. THEY DO
HAVE SOME EXEMPTIONS. SECONDLY,
A LOT OF OUR AGENCIES HAVE LOCAL
ENFORCEMENT ABILITY THROUGH THE
HAZARDOUS WASTE, THE KOOPAS. WE
ALSO HAVE LEAS FOR SOLID WASTE
SO THAT WE'RE INVOLVED IN THE
ENFORCEMENT SIDE AS WELL.
THIRDLY, WE DEAL WITH A LOT OF
ABANDONED WASTE. SO IF YOU'VE
BEEN TO THE RURAL AREAS, WE HAVE
A LOT OF FORESTS. WE HAVE A LOT
OF DESERT, WE HAVE A LOT OF OPEN
SPACE THERE RIPE FOR PEOPLE TO
LEAVE HAZARDOUS WASTE THERE,
ILLEGALLY DISPOSED OF. IT'S A
LOT OF IT'S DUE TO THE COST FOR
PROPER DISPOSAL AS WELL AS LACK
OF OPTIONS LOCALLY FOR THAT
MATERIAL. FOURTHLY, ALSO DEAL
WITH ILLEGAL DISPOSAL AND THE
SOLID WASTE STREAMS. WE OPERATE
A NUMBER OF LANDFILLS AND
TRANSFER STATIONS IN THE RURAL
AREA THAT GET IMPACTED BY PEOPLE
ILLEGALLY DUMPING HAZARDOUS
WASTE INTO THE GARBAGE, AND WE
HAVE TO MANAGE THAT, AND WE DO
RESULTS IN WORKER SAFETY ISSUES,
ENVIRONMENTAL THREATS. WE ALSO
HAVE FIRES. WE HAVE LITHIUM
BATTERY FIRES, JUST LIKE THEY DO
IN URBAN AREAS, THAT WE HAVE TO
DEAL WITH. AND LASTLY, AND MY
FAVORITE TOPIC, BECAUSE I SPENT
ALMOST 40 YEARS OF THIS DEALING
IS HOUSEHOLD HAZARDOUS WASTE. TO
SENATOR ALLEN TALKED ABOUT,
WE'VE BEEN WORKING WITH YOUR
STAFF. I'VE BEEN WORKING WITH
THOSE PROGRAMS THROUGHOUT THE
STATE. AND THOSE PROGRAMS ARE
ESSENTIAL IN CALIFORNIA. THEY
ARE REQUIRED TO BE SPONSORED BY
OUR LOCAL GOVERNMENTS. SO OUR
OUR CITIES AND OUR COUNTIES
SPONSOR THESE PROGRAMS SO THEY
HAVE RESPONSIBILITY FOR IT. THEY
HAVE VERY LITTLE CONTROL OVER
GENERATION. THEY'RE STUCK WITH
THE MANAGEMENT OF THIS THING AND
SUBSIDIZING THE COST, SO IN
TERMS OF THAT, WE DID WE DO HAVE
TO SUBSIDIZE THAT AS IT GETS
PRETTY EXPENSIVE. MANY PRODUCTS
THAT WE MANAGE COST MORE TO GET
RID OF THAN THEY DO TO BUY. AND
THAT'S A PROBLEM WE'VE ALSO BEEN
INVOLVED WITH LEGISLATION. OUR
CÁC SPONSORED AB 2481 A COUPLE
OF YEARS AGO, AND WE WORKED
COOPERATIVELY WITH THE
DEPARTMENT. WE GOT THAT THROUGH.
THERE WAS NO OPPOSITION TO THE
BILL. AND ONE OF THE MAIN THINGS
THAT DID WAS STREAMLINE THE
REGULATORY PROCESS FOR
JURISDICTIONS HANDLING HOUSEHOLD
HAZARDOUS WASTE. WE WERE ABLE TO
STREAMLINE THE REQUIREMENTS FOR
TRANSPORT BETWEEN SITES BY
GETTING RID OF SOME REGULATIONS
AND SAVE TENS OF THOUSANDS OF
DOLLARS FOR JURISDICTIONS ON
MANAGEMENT OF HAVING TO PAY
FEDERAL FEES THAT WE NO LONGER
HAVE TO PAY. WE'RE ALSO HEAVILY
INVOLVED IN RETAINING THE FEE
EXEMPTIONS. I KNOW FEE FUNDING
IS A BIG ISSUE FOR THE
DEPARTMENT, BUT WE FEEL
HOUSEHOLD HAZARDOUS WASTE
PROGRAMS USED OIL. SOLID WASTE
FACILITIES DESERVE THOSE
EXEMPTIONS BECAUSE WE DON'T HAVE
THE CONTROL, WE'RE STUCK WITH
THE PROBLEM. WE HAVE TO MANAGE
IT AT A SUBSIDIZED COST, AND
THAT'S WHY WE JUSTIFY THOSE
EXEMPTIONS. THOSE EXEMPTIONS
STAYED IN THE BILL ALL EXCEPT
FOR NON-CERTIFIED OIL CENTERS,
WHICH WE'RE STILL TRYING TO WORK
WITH THE DEPARTMENT ON GETTING
THOSE, BECAUSE THOSE ARE VERY
IMPORTANT IN OUR RURAL AREAS,
BECAUSE THEY'RE NOT CERTIFIED
CENTERS. WE ALSO ARE WORKING TO
REDUCE SOME OF THE DUPLICATION
AND OVERLAP. KAWASAKI HAS AN
ANNUAL REPORT WE HAVE TO DO ON
HOUSEHOLD HAZARDOUS WASTE. THE
DEPARTMENT HAS A REPORT. THEY
WANT US TO DO DIFFERING
TIMELINES. SAME INFORMATION, TWO
DIFFERENT AGENCIES. WE SHOULD BE
ABLE TO STREAMLINE THAT. WE ALSO
SUPPORT PRODUCER RESPONSIBILITY.
WE'VE HAD THE BENEFIT OF
HANDLING PAINT THROUGH THE
STEWARDSHIP PROGRAMS. E-WASTE
BATTERIES IS COMING. WE'VE ALSO
BEEN A BIG SUPPORTER ON 1143
SENATOR ALLEN'S BILL WORKING ON
THAT ON ON SOME HOUSEHOLD
HAZARDOUS WASTE. WE'VE ALSO BEEN
WORKING ON SB 1066 ON MARINE
FLARES. THOSE ARE ALL THINGS
THAT IMPACT OUR JURISDICTIONS.
WE'RE ALSO CONCERNED WITH
EMERGING WASTE STREAMS. SOLAR
PANELS ARE A BIG PROBLEM THAT
WE'RE TRYING TO DEAL WITH. THAT
SHOULD HAVE A LOT SIMPLER
SOLUTION THAN IT DOES NOW. WE'RE
ALSO STRUGGLING WITH HOW TO DEAL
WITH VAPE PENS, WHICH IS ANOTHER
ISSUE WE WANT TO TALK TO THE
DEPARTMENT ABOUT. WE HAVE A LOT
OF THAT ISSUE IN OUR RURAL
COUNTY. YEAH, I ALMOST BOUGHT MY
NEW PROP. I BOUGHT A VAPE PEN
THAT HAS A BUILT IN VIDEO GAME.
YOU CAN PLAY WRONG MESSAGE IN
THERE. SO IN REGARDS TO THE
REPORT, WE DID COMMENT ON IT.
THERE'S A LOT OF GOOD THINGS IN
THERE. I COMMEND THE DEPARTMENT
FOR PUTTING THAT TOGETHER.
THERE'S A LOT OF THINGS WE STILL
WANT TO FIX IN THERE. WASTE
STREAMS HAVE CHANGED OVER TIME
WITH HAZARDOUS WASTE, WE HAVE
DIFFERING ONES WE HAVE TO DEAL
WITH SOIL. USED OIL IS A BIG
PORTION. WE DEAL A LOT OF THE
USED OIL FROM THE COLLECTION
SIDE. DIVERSION AND RECYCLING OF
HAZARDOUS WASTE IS GOING TO BE
INCREASING. WE STILL HAVE A LOT
MORE TO DO WITH THAT.
STEWARDSHIP PROGRAMS ARE ONGOING,
BUT AT THE END OF THE DAY, MOST
OF THE HAZARDOUS WASTE WE'RE
COLLECTING GETS SHIPPED OUT OF
STATE, WHICH IS KIND OF IRONIC.
WE HAVE ALL THESE REGULATIONS ON
THESE ARE HAZARDOUS, BUT WE HAVE
TO SHIP IT OUT OF THE STATE TO
DEAL WITH. THERE SHOULD BE
BETTER WAYS TO MANAGE THAT
IN-STATE. THERE ARE SOME
PROPOSALS TO DEAL WITH THAT,
PARTICULARLY LIKE WITH SOLAR
PANELS. WE WOULD LIKE TO SEE
SOME WAYS TO HANDLE IT IN-STATE.
IT MAKES IT CHEAPER AND BETTER
FOR US TO BE HANDLING IT. SO WE
LOOK FORWARD TO WORKING WITH THE
LEGISLATURE, THE BOARD AND THE
DEPARTMENTS AND ESPECIALLY IN
THE HOUSEHOLD HAZARDOUS WASTE
AND USED OIL ARENA. THANK YOU
VERY MUCH. THANK YOU. THANK YOU,
THANK YOU. I'LL KEEP THIS REALLY
SHORT. I KNOW EVERYBODY WANTS TO
GO HOME. MY NAME IS SCOTT
ANDREWS. I AM A TECHNICAL
ADVISOR TO THE WEST OAKLAND
ENVIRONMENTAL INDICATORS
PROJECT, ALSO KNOWN AS WOOP WOOP
IS NOT A LEGISLATIVE
ORGANIZATION. A POLICY
ORGANIZATION. SO WE'VE BEEN KIND
OF THROWN INTO THIS, LIKE KIND
OF, TRIAL BY FIRE INTO THE, THE
BILL FACTORY IS UNPAID INTERNS
HERE, BUT WE'RE LEARNING A LOT,
AND WE APOLOGIZE THAT WE
HAVEN'T, YOU KNOW, LEARNED ALL
THE RULES YET, BUT WHAT WE KNOW
IS THAT, AS HAS BEEN MENTIONED
HERE TODAY, DRAFTING GOOD
LEGISLATION, GOOD REGULATIONS
TAKES A LONG TIME. AND SO IN
PARTICULAR TO SB ONE, TWO,
THREE, FOUR, THE METAL SHREDDERS
LEGISLATION, WE JUST THINK THAT
THERE NEEDS TO BE MORE TIME FOR
US TO ENGAGE WITH THE DTSC S
LEADERSHIP OF DTSC OTHERS STAFF
HAS BEEN GREAT. TINA ANDOLINA,
BEN ALLEN'S CHIEF OF STAFF HAS
BEEN AMAZING, BUT IT'S JUST BEEN
ALL DONE ON SUCH A RUSHED
TIMELINE THAT WE THINK THAT WE
JUST NEED MORE TIME. THERE ARE A
LOT OF GREAT EXPERTS IN THIS
FIELD, YOU KNOW, BOTH FROM THE
INDUSTRY AND FROM ADVOCACY
ORGANIZATIONS WHO COULD REALLY
ADD A LOT TO THE CONVERSATION.
IT'S JUST ALL GOING TOO QUICKLY.
SO THAT'S ALL WE'RE LOOKING FOR
HERE, A LITTLE MORE TIME TO GET
THINGS DONE RIGHT, AS OPPOSED TO
GET THINGS DONE QUICKLY. YOU
KNOW, WE'VE BEEN WAITING 30
YEARS FOR GOOD REGULATIONS ON
THIS INDUSTRY. SO WAITING
ANOTHER YEAR IS PROBABLY PRETTY
REASONABLE. SO THANKS TO
EVERYBODY WHO'S PUTTING IN ALL
THIS HARD WORK THOUGH. THANK
YOU. THANK YOU VERY MUCH, ALL
RIGHT. I THINK, THAT WRAPS IT
UP. UNLESS THERE'S ADDITIONAL
COMMENTS OR ANY ANY COMMENTS YOU
WANT TO MAKE TO THE COMMENTS.
NO. OKAY THANK YOU. THANK YOU
EVERYBODY. THANK YOU FOR THIS
DISCUSSION, YOU KNOW, I'VE BEEN
CHAIRING THIS COMMITTEE FOR
SEVERAL YEARS NOW, AND I ALWAYS
WALK OUT OF THIS FEELING LIKE
THERE'S STILL A TON OF DIFFERENT
ISSUES THAT WE NEVER GET TO DEAL
WITH, AND JUST THE SHEER SIZE OF
THE JUST THE BACKGROUND, LET
ALONE, THE MATERIALS YOU
PROVIDED WITH, US WITH SHOWS US,
YOU KNOW, UNDERSCORES THAT
POINT. BUT DO YOU APPRECIATE YOU
COMING IN? I THINK THERE'S
SEVERAL AREAS OF FOLLOW UP FOR
US TO DO SOME SOME WORK ON, BOTH
ON THE ASSEMBLY SIDE AND THE
SENATE SIDE, AND WITH THAT, I'LL
ADJOURN THE HEARING AND LOOK
FORWARD TO, TO ROBUST FURTHER
DISCUSSION. THANK YOU. THANK YOU.