CC SR 20220607 E - AB 2758 DDT Oversight and Mediation
CITY COUNCIL MEETING DATE: 06/07/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter of support for
Assembly Bill No. 2758 (AB 2758).
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter of support for AB 2758, which would require
the California Environmental Protection Agency (CalEPA) to hold public meetings,
with relevant agencies, on efforts to study and mitigate DDT off the coast of
California.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in support of AB 2758 (page A-1)
B. Text of AB 2758 (as introduced February 18, 2022) (page B-1)
BACKGROUND AND DISCUSSION:
On November 2, 2021, the City Council adopted the City’s 2022 Legislative Platform,
outlining the policy positions of the City.1 The platform includes the support of legislation,
regulations, or administrative actions to remediate the harmful effects of dichloro-
diphenyl-trichloroethane (DDT) and other chemicals in coastal waters, especially near
Santa Catalina Island and the Palos Verdes Peninsula (2022 Legislative Platform, item
4.A.).
1 The 2022 Legislative Platform and a record of the bills the City Council has taken a position on during
the 2021-2022 legislative session is available at rpvca.gov/LegislationCorner.
1
AB 2758, introduced by Assemblymember Patrick O’Donnell (Long Beach), would require
CalEPA to hold public meetings on efforts to study and mitigate DDT in the waters of the
San Pedro Basin, referenced as “Dumpsite -1” and “Dumpsite-2.” AB 2578 would
additionally require CalEPA to submit policy recommendations on or before June 30,
2025, to the Legislature aimed at further mitigating the negative impacts of anthropogenic
chemical waste deposits at or from Dumpsite-1 and Dumpsite-2.
Related to AB 2758, Assembly Joint Resolution No. 2 (AJR 2) (O’Donnell, Statutes of
2021) was enacted, which requested that the United States Congress and U.S.
Environmental Protection Agency (EPA) take all measures necessary to ensure that the
DDT waste dumped near Santa Catalina Island does not cause further harm to the
citizens, wildlife, and natural resources of California. The City Council supported AJR 2
on April 6, 2021.
This bill would require CalEPA to hold four public meetings annually to provide members
of the public with current information on CalEPA’s efforts to study and mitigate DDT and
other chemical waste at Dumpsite-1 and Dumpsite-2 and to receive input from the public
regarding dumped chemical waste and its effects on the South ern California coastline
and aquatic environment.
Staff has prepared a draft letter in support of AB 2758 for the City Council’s consideration
(Attachment A). Given the City Council’s and residents’ interest in this issue, the City
Council’s support of AJR 2, and the City’s position as stated in the 2022 Legislative
Platform, Staff recommends the City Council authorize the Mayor to sign the letter as
drafted, or with revisions.
ALTERNATIVES:
In addition to the Staff recommendation, the following altern ative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action as deemed appropriate.
2
June 7, 2022 Via Email
The Honorable Patrick O’Donnell
California State Assembly
1021 O Street, Suite 4510
Sacramento, CA 95814-4900
SUBJECT: Notice of Support for AB 2758
Dear Assemblymember O’Donnell:
The City of Rancho Palos Verdes supports AB 2758, which would require the California
Environmental Protection Agency (CalEPA) to hold public meetings on efforts to study
and mitigate toxic waste at the DDT dumpsite off the California coast, between the Palos
Verdes Peninsula and Santa Catalina Island, referenced as “Dumpsite-1” and “Dumpsite-
2.”
We recently shared our concerns about the true extent of environmental damage cause d
by offshore DDT dumping by the Montrose Chemical Corporation in multiple letters with
you and other legislators. This issue is of high impor tance to our community. A recent
survey of Rancho Palos Verdes residents found that the impacts of chemical dumping in
our coastal waters was the second most concerning local environmental issue among
respondents after ocean and beach pollution.
Thank you for your efforts to introduce and pass AJR No. 2, which called on Congress
and the U.S. Environmental Protection Agency to take all measures necessary to ensure
that the DDT waste dumped near Santa Catalina Island does not cause further harm to
the citizens, wildlife, and natural resources of California. We must keep this issue a high
priority and identify and implement effective long-term solutions. The City appreciates the
intention of the bill to allow public review and feedback on proposed studies and mitigation
plans, as well as providing recommendations to the Legislature on how to further mitigate
the negative impacts of anthropogenic chemical waste deposits at or from Dumpsite-1
and Dumpsite-2, considering impacts on water quality, fish and wildlife habitat, and public
health, and the technical and financial feasibility of proposed mitigation efforts.
A-1
Assemblymember O’Donnell
June 7, 2022
Page 2
Meetings, as proposed in AB 2758, would provide valuable oversight of and public
engagement on the issue of DDT in the coastal waters off of Catalina Island. For these
reasons, the City of Rancho Palos Verdes supports AB 2758.
Sincerely,
David L. Bradley
Mayor, City of Rancho Palos Verdes
cc: Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assemblymember, 66th State Assembly District
Jacki Bacharach, South Bay Cities Council of Governments
Jeff Kiernan, League of California Cities
Marcel Rodarte, California Contract Cities Association
Sharon Gonsalves, Renne Public Policy Group
Rancho Palos Verdes City Council and City Manager
A-2
AMENDED IN ASSEMBLY APRIL 19, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2758
Introduced by Assembly Member O’Donnell
February 18, 2022
An act to add and repeal Part 4.8 (commencing with Section 71380)
of Division 34 of the Public Resources Code, relating to environmental
protection.
legislative counsel’s digest
AB 2758, as amended, O’Donnell. Southern Los Angeles Ocean
Chemical Waste Community Oversight Council. Angeles: ocean
dumpsites: chemical waste.
Existing law establishes the California Environmental Protection
Agency, under the supervision of the Secretary for Environmental
Protection, consisting of various departments, boards, and offices, and
vests the agency with authority over various environmental matters.
This bill would establish, until January 1, 2027, the Southern Los
Angeles Ocean Chemical Waste Community Oversight Council as a
state agency within the California Environmental Protection Agency
to oversee the study and mitigation of the negative impacts of
anthropogenic chemical waste deposits at or from “Dumpsite-2,” defined
in the bill as the waters of the San Pedro Basin, off the coast of Los
Angeles, where chemical waste, including, but not limited to, DDT or
its metabolites and byproducts, has been detected. The bill would
prescribe requirements relating to the composition and administration
of the council, which would consist of 11 voting members and no more
than 9 nonvoting members. The bill would require the voting members
of the council to establish and elect officers, as provided, and would
98 B-1
require the Secretary for Environmental Protection to select an executive
director of the council, as provided.
This bill would require the council to hold at least one public meeting
every 6 months, with the first meeting occurring on or before September
1, 2023, to review and provide feedback on proposed scientific studies
and mitigation strategies related to Dumpsite-2, review completed
scientific studies related to Dumpsite-2 to assess the implications of the
studies on current and future mitigation efforts, and review and assess
the implications of existing laws, regulations, and policies related to
DDT on current and future mitigation efforts. The bill would require
the council, on or before June 30, 2024, and on or before June 30 of
each year thereafter, to report to the Governor and the Legislature with
recommendations on how to further mitigate the negative impacts of
anthropogenic chemical waste deposits at or from Dumpsite-2,
considering the impacts of proposed mitigation efforts on the
environment, local communities, Indigenous cultures, and public health,
and the impacts of no action, as provided.
This bill would require the California Environmental Protection
Agency, until January 1, 2027, to hold at least 4 public meetings per
year, with the first meeting occurring on or before March 31, 2023, to,
among other things, provide members of the public with current
information on the agency’s efforts to study and mitigate DDT and
other chemical waste located at Dumpsite-1 and Dumpsite-2 off the
coast of Los Angeles. The bill would require the agency, on or before
June 30, 2025, to report to the Legislature with policy recommendations
on how to further mitigate the negative impacts of anthropogenic
chemical waste deposits at or from the dumpsites, as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Part 4.8 (commencing with Section 71380) is
line 2 added to Division 34 of the Public Resources Code, to read:
line 3
line 4 PART 4.8. SOUTHERN LOS ANGELES CHEMICAL WASTE
line 5
line 6 71380. For purposes of this part, the following definitions
line 7 apply:
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— 2 — AB 2758 B-2
line 1 (a) “DDT” means dichlorodiphenyltrichloroethane or any
line 2 metabolite or byproduct thereof, including, but not limited to,
line 3 1,1-dichloro-2-2-bis(p-chlorophenyl)ethylene (DDE) and
line 4 dichlorodiphenyldichloroethane (DDD).
line 5 (b) “Dumpsite-1” means the waters of the San Pedro Basin, off
line 6 the coast of Los Angeles, approximately 10 nautical miles
line 7 northwest of Catalina Island, where chemical waste, including,
line 8 but not limited to, DDT, was known to be dumped and has been
line 9 detected.
line 10 (c) “Dumpsite-2” means the waters of the San Pedro Basin, off
line 11 the coast of Los Angeles, where chemical waste, including, but not
line 12 limited to, DDT, has been detected.
line 13 (d) “Southern California Bight” means the open embayment of
line 14 the Pacific Ocean bounded on the east by the reach of the North
line 15 American coastline extending from Point Conception, California,
line 16 to Cabo Colnett, Baja California, Mexico, and on the west by the
line 17 California Current, within which 14 known historic dumpsites for
line 18 chemical waste exist.
line 19 71381. The California Environmental Protection Agency shall
line 20 do all of the following:
line 21 (a) Convene at least four public meetings per year, with the first
line 22 public meeting occurring on or before March 31, 2023. The agency
line 23 shall do both of the following at these meetings:
line 24 (1) Provide members of the public with current information on
line 25 the agency’s efforts to study and mitigate DDT and other chemical
line 26 waste at Dumpsite-1 and Dumpsite-2.
line 27 (2) Receive input from the public through written and oral
line 28 comments regarding dumped chemical waste and its effects on the
line 29 Southern California Bight.
line 30 (b) Request representatives from relevant federal, state, and
line 31 local agencies to attend the public meetings convened pursuant
line 32 to subdivision (a), including, but not limited to, the United States
line 33 Environmental Protection Agency, the State Water Resources
line 34 Control Board, the Department of Toxic Substances Control, and
line 35 the Natural Resources Agency.
line 36 (c) Hold the meetings convened pursuant to subdivision (a) in
line 37 areas with coastlines that are reasonably close to Dumpsite-1 and
line 38 Dumpsite-2.
line 39 71382. (a) On or before June 30, 2025, the California
line 40 Environmental Protection Agency shall, in compliance with Section
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AB 2758 — 3 — B-3
line 1 9795 of the Government Code, report to the Legislature with policy
line 2 recommendations on how to further mitigate the negative impacts
line 3 of anthropogenic chemical waste deposits at or from Dumpsite-1
line 4 and Dumpsite-2, with a focus on those that impact the Southern
line 5 California Bight.
line 6 (b) In developing the report required pursuant to this section,
line 7 the agency shall consider all of the following:
line 8 (1) The impact of policy recommendations on the environment,
line 9 local communities, Indigenous cultures, and public health.
line 10 (2) The technical and financial feasibility of the policy
line 11 recommendations.
line 12 (3) The impact on the environment, local communities,
line 13 Indigenous cultures, and public health if no action is taken to
line 14 mitigate the effects of chemical waste at Dumpsite-1 and
line 15 Dumpsite-2.
line 16 71383. This part shall remain in effect only until January 1,
line 17 2027, and as of that date is repealed.
line 18 SECTION 1. Part 4.8 (commencing with Section 71380) is
line 19 added to Division 34 of the Public Resources Code, to read:
line 20
line 21 PART 4.8. SOUTHERN LOS ANGELES OCEAN CHEMICAL
line 22 WASTE COMMUNITY OVERSIGHT COUNCIL
line 23
line 24 71380. Unless the context otherwise requires, the following
line 25 definitions govern the construction of this part:
line 26 (a) “Council” means the Southern Los Angeles Ocean Chemical
line 27 Waste Community Oversight Council established pursuant to
line 28 Section 71381.
line 29 (b) “DDT” means dichlorodiphenyltrichloroethane or any
line 30 metabolite or byproduct thereof, including, but not limited to,
line 31 1,1-dichloro-2-2-bis(p-chlorophenyl)ethylene (DDE) and
line 32 dichlorodiphenyldichloroethane (DDD).
line 33 (c) “Dumpsite-2” means the waters of the San Pedro Basin, off
line 34 the coast of Los Angeles, where chemical waste, including, but
line 35 not limited to, DDT, has been detected.
line 36 71381. (a) There is in the California Environmental Protection
line 37 Agency the Southern Los Angeles Ocean Chemical Waste
line 38 Community Oversight Council, which is hereby established as a
line 39 state agency to oversee the study and mitigation of the negative
line 40 impacts of anthropogenic chemical waste deposits at or from
98
— 4 — AB 2758 B-4
line 1 Dumpsite-2 and to communicate with the public on those efforts,
line 2 including, but not limited to, all of the following:
line 3 (1) Efforts to locate and identify anthropogenic chemical waste
line 4 at Dumpsite-2.
line 5 (2) Investigations of water quality, sedimentation, wildlife,
line 6 Indigenous cultures, and human health relating to the impacts in
line 7 the coastal waters of the state of chemical contaminants at or from
line 8 Dumpsite-2.
line 9 (3) Investigations into the viability of any plan to remove,
line 10 contain, mitigate, or eliminate chemical waste in the coastal waters
line 11 of the state at or from Dumpsite-2.
line 12 (4) Investigations of the fate and transport in the coastal waters
line 13 of the state of the chemical contaminants at or from Dumpsite-2
line 14 and the safety ramifications of the chemical contaminants at or
line 15 from Dumpsite-2. The council shall disclose to the public
line 16 information regarding the investigations, and receive feedback
line 17 from and educate the public on the investigations.
line 18 (b) To accomplish the oversight goals identified in subdivision
line 19 (a), the council shall hold at least one public meeting every six
line 20 months, with the first public meeting occurring on or before
line 21 September 1, 2023, to do all of the following:
line 22 (1) Review and provide feedback on proposed scientific studies
line 23 and mitigation strategies related to Dumpsite-2.
line 24 (2) Review completed scientific studies related to Dumpsite-2
line 25 to assess the implications of the studies on current and future
line 26 mitigation efforts related to Dumpsite-2.
line 27 (3) Review and assess the implications of existing laws,
line 28 regulations, and policies related to DDT on current and future
line 29 mitigation efforts.
line 30 (c) (1) On or before June 30, 2024, and on or before June 30
line 31 of each year thereafter, the council shall report to the Governor
line 32 and the Legislature with recommendations on how to further
line 33 mitigate the negative impacts of anthropogenic chemical waste
line 34 deposits at or from Dumpsite-2. In developing the
line 35 recommendations required pursuant to this paragraph, the council
line 36 shall consider both of the following:
line 37 (A) The impacts of proposed mitigation efforts on the
line 38 environment, local communities, Indigenous cultures, and public
line 39 health, and the technical and financial feasibility of proposed
line 40 mitigation efforts.
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AB 2758 — 5 — B-5
line 1 (B) The impacts of no action on the environment, local
line 2 communities, Indigenous cultures, and public health.
line 3 (2) The council shall submit the report to the Legislature
line 4 required pursuant to paragraph (1) in compliance with Section
line 5 9795 of the Government Code.
line 6 71382. (a) The council shall consist of 11 voting members
line 7 and no more than 9 nonvoting members appointed or designated
line 8 as follows:
line 9 (1) Eleven voting members consisting of the following:
line 10 (A) The Secretary for Environmental Protection.
line 11 (B) The Chairperson of the State Water Resources Control
line 12 Board.
line 13 (C) The Director of the State Department of Public Health.
line 14 (D) The Director of the Department of Toxic Substances
line 15 Control.
line 16 (E) The Secretary of the Natural Resources Agency.
line 17 (F) Six members of the public, none of whom shall be elected
line 18 officials at the time of appointment, appointed by the Governor as
line 19 follows:
line 20 (i) Two members of the public, each of whom represents a
line 21 different Los Angeles regional environmental, environmental
line 22 health, or environmental justice organization.
line 23 (ii) Two members of the public, each of whom represents a
line 24 different statewide environmental, environmental health, or
line 25 environmental justice organization.
line 26 (iii) One member of the public who represents a statewide or
line 27 Los Angeles regional fishing organization.
line 28 (iv) One member of the public who represents a statewide or
line 29 Los Angeles regional tourism industry organization.
line 30 (2) No more than nine nonvoting members consisting of the
line 31 following:
line 32 (A) Two research scientists from the University of California
line 33 designated by the University of California Office of the President,
line 34 one of whom shall have expertise in public health, epidemiology,
line 35 or a related field.
line 36 (B) Two research scientists from the California State University
line 37 designated by the California State University Office of the
line 38 Chancellor, one of whom shall have expertise in public health,
line 39 epidemiology, or a related field.
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— 6 — AB 2758 B-6
line 1 (C) One Assembly Member appointed by the Speaker of the
line 2 Assembly.
line 3 (D) One Senator appointed by the Senate Committee on Rules.
line 4 (E) One member from, and designated by, the Los Angeles
line 5 Regional Water Quality Control Board.
line 6 (F) One member from, and designated by, the National Oceanic
line 7 and Atmospheric Administration, if the agency agrees to do so.
line 8 (G) One member from, and designated by, the United States
line 9 Environmental Protection Agency, if the agency agrees to do so.
line 10 (b) A state or local official who is a member of the council may
line 11 designate a member of the official’s executive staff, or, in the case
line 12 of the Chairperson of the State Water Resources Control Board,
line 13 the board’s executive director or another member of the board, to
line 14 vote on the member’s behalf and otherwise discharge the duties
line 15 of the member when the member is not in attendance. Notice of
line 16 this designation shall be promptly communicated in writing to the
line 17 chairperson of the council.
line 18 (c) A vacant council member position shall be filled by the
line 19 appropriate appointing or designating authority as identified in
line 20 either subparagraph (F) of paragraph (1) of subdivision (a) or
line 21 subparagraphs (A) to (G), inclusive, of paragraph (2) of subdivision
line 22 (a).
line 23 (d) (1) The members of the council shall serve without
line 24 compensation.
line 25 (2) Notwithstanding paragraph (1), a council member shall be
line 26 reimbursed for the member’s actual and necessary expenses,
line 27 including travel expenses, incurred in traveling to and attending
line 28 council meetings and in carrying out required duties.
line 29 71383. (a) The Secretary for Environmental Protection shall,
line 30 in consultation with the council, select an executive director of the
line 31 council.
line 32 (b) The executive director of the council shall be exempt from
line 33 civil service and shall serve at the pleasure of the Secretary for
line 34 Environmental Protection.
line 35 (c) For purposes of this part, the executive director of the council
line 36 shall be an employee of the California Environmental Protection
line 37 Agency.
line 38 71384. (a) The council shall provide overall guidance and
line 39 oversight on research and mitigation efforts at Dumpsite-2.
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AB 2758 — 7 — B-7
line 1 (b) (1) The voting members of the council shall annually elect,
line 2 from among the voting members, a chairperson, a vice chairperson,
line 3 and other necessary officers, as determined by the council, each
line 4 of whom shall serve a term of one year. A person that has
line 5 previously served as a council officer or is serving as a council
line 6 officer at the time of an election may be reelected for an unlimited
line 7 number of additional terms.
line 8 (2) The council shall fill a vacancy of any council officer
line 9 position by election and the member selected shall serve the
line 10 remainder of the one-year term.
line 11 (3) The offices of the chairperson and the vice chairperson shall
line 12 not be held concurrently by any persons who both fall in one of
line 13 the following categories:
line 14 (A) Persons identified in subparagraphs (A) to (E), inclusive,
line 15 of paragraph (1) of subdivision (a) of Section 71382.
line 16 (B) Persons identified in clauses (i) and (ii) of subparagraph (F)
line 17 of paragraph (1) of subdivision (a) of Section 71382.
line 18 (C) Persons identified in clauses (iii) and (iv) of subparagraph
line 19 (F) of paragraph (1) of subdivision (a) of Section 71382.
line 20 (c) (1) Eight of the voting members of the council shall
line 21 constitute a quorum for the transaction of the business of the
line 22 council.
line 23 (2) The council shall make decisions by a majority of the total
line 24 number of voting members.
line 25 (3) A voting member who has a conflict of interest shall recuse
line 26 themselves from voting on the item for which a conflict of interest
line 27 exists.
line 28 (d) The council may adopt rules, regulations, and procedures
line 29 for the conduct of business by the council.
line 30 71385. (a) The council’s jurisdiction is limited to Dumpsite-2
line 31 and the coastal waters of the state impacted by contaminants at or
line 32 from Dumpsite-2.
line 33 (b) This part does not grant to the council any regulatory
line 34 authority, including, but not limited to, any of the following:
line 35 (1) The authority to regulate land use.
line 36 (2) Any authority to regulate activities on land, unless the
line 37 regulation is carried out pursuant to an agreement with an owner
line 38 of an interest in the land.
line 39 (3) Any water quality regulatory authority.
98
— 8 — AB 2758 B-8
line 1 (c) Nothing in this part interferes with or prevents the exercise
line 2 of authority by any other public agency to carry out its programs,
line 3 projects, or responsibilities.
line 4 (d) Nothing in this part affects the requirements of any other
line 5 law.
line 6 71386. This part shall remain in effect only until January 1,
line 7 2027, and as of that date is repealed, unless a later enacted statute
line 8 that is enacted before January 1, 2027, deletes or extends that date.
O
98
AB 2758 — 9 — B-9