Official Summary Text
SB 1258, as amended, Wiener.
Streamlined housing approvals: hazardous waste sites.
Hazardous waste: site remediation: residential suitability guidelines.
Existing law authorizes, when a release of waste occurs and remedial action is required, a responsible party, as defined, to request a local officer to supervise the remedial action if the site is not already overseen by the Department of Toxic Substances Control or a regional water quality control board. Existing law authorizes the department or a regional water quality control board to retain or assume oversight authority from a local officer, as specified.
This bill would require the State Water Resources Control Board, working jointly with the department and in consultation with the Office of Land Use and Climate Innovation, to develop guidelines for
developers and for agencies overseeing development-specific site remediations and making determinations of site suitability, as provided. The bill would require the board, in conjunction with the department, to develop thresholds of significance for contaminants from different sources and for different future uses, as provided. The bill would specify that sites with contamination above those thresholds shall be deemed not suitable for residential use.
(1)
The Planning and Zoning Law, until January 1, 2036, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Existing law specifies that a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. Existing law prohibits a development subject to these provisions from being located on a hazardous waste site unless certain exceptions apply, including the State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local
agency has otherwise cleared the site for residential use or residential mixed uses.
This bill would revise the above-described exception to, instead, authorize a development subject to these provisions to be located on a hazardous waste site if an applicant takes certain actions before the issuance of the first postentitlement phase permit, including, obtaining a determination by the State Department of Public Health, State Water Resources Control Board, regional water quality control boards, Department of Toxic Substances Control, or a local agency that the site is suitable for residential use or residential mixed uses. The bill would also authorize a development subject to these provisions to be located on a hazardous waste site if an applicant takes certain actions before the issuance of certificate of occupancy, as specified.
(2)
When a release of waste occurs and remedial action is required,
existing law authorizes a responsible party, as defined, to request a local officer to supervise the remedial action if the site is not already overseen by the Department of Toxic Substances Control or a regional water quality control board. Existing law authorizes the department or a regional water quality control board to retain or assume oversight authority from a local officer, as specified.
This bill would authorize a local officer to oversee development-specific site mitigation for a development on specified types of sites, including all hazardous waste facilities subject to corrective action as listed by the department, as provided. The bill would, for these purposes, define “development-specific site mitigation” to mean any level of remediation that is required for a local officer to issue a determination that the site is suitable for a proposed use in a proposed development.
(3)
By increasing the duties of local agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.