SB-328 • 2026

Hazardous waste generation and handling fees: Department of Toxic Substances Control oversight responses: housing development projects.

Crime Housing Land Taxes

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Grayson
Last action: 2025-08-29
Official status: August 29 hearing postponed by committee.
Effective date: Not listed

Plain English Breakdown

The effectiveness of these changes in speeding up the review process for housing projects remains uncertain and is not explicitly addressed in the provided official summary.

Hazardous Waste Fees and Housing Project Oversight

This law sets new rules for how quickly a state agency must respond to housing projects dealing with hazardous waste, and limits the fees that certain types of housing developments have to pay when they generate hazardous waste.

What This Bill Does

Requires the Department of Toxic Substances Control (DTSC) to provide written notice within specific time frames about actions taken in response to requests from housing development projects involving hazardous waste. For projects with up to 25 units, DTSC must respond within 60 business days; for larger projects, the response is due within 120 business days.
Limits the maximum fees that residential infill housing developments with up to 25 units must pay for generating hazardous waste to $100,000.
Limits the maximum fees that master development projects of any size must pay for generating hazardous waste to $250,000.
Requires these housing developments to apply and certify their eligibility for fee limitations with DTSC.

Who It Names or Affects

Housing developers who generate hazardous waste during construction or renovation.
The Department of Toxic Substances Control (DTSC) which oversees the handling and management of hazardous waste.

Terms To Know

Postentitlement phase permit: A type of building permit issued after certain approvals have been granted for a housing project.
Residential infill housing: Housing built within existing urban areas, often on previously developed land.

Limits and Unknowns

The bill does not specify what happens if the DTSC fails to meet the required response times.
It is unclear how many housing developments will qualify for the fee limitations and apply for them.

Bill History

2025-08-29 California Legislative Information
August 29 hearing postponed by committee.
2025-08-20 California Legislative Information
August 20 set for first hearing. Placed on APPR. suspense file.
2025-07-15 California Legislative Information
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14). Re-referred to Com. on APPR.
2025-07-15 California Legislative Information
July 14 set for first hearing. Placed on REV. & TAX. suspense file.
2025-07-02 California Legislative Information
From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 7. Noes 0.) (July 1). Re-referred to Com. on REV. & TAX.
2025-06-25 California Legislative Information
From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S & T.M.
2025-06-05 California Legislative Information
Referred to Coms. on E.S & T.M. and REV. & TAX.
2025-05-29 California Legislative Information
In Assembly. Read first time. Held at Desk.
2025-05-29 California Legislative Information
Read third time. Passed. (Ayes 38. Noes 0. Page 1337.) Ordered to the Assembly.
2025-05-27 California Legislative Information
Read second time. Ordered to third reading.
2025-05-23 California Legislative Information
Read second time and amended. Ordered to second reading.
2025-05-23 California Legislative Information
From committee: Do pass as amended. (Ayes 5. Noes 0. Page 1196.) (May 23).
2025-05-16 California Legislative Information
Set for hearing May 23.
2025-05-12 California Legislative Information
May 12 hearing: Placed on APPR. suspense file.
2025-05-02 California Legislative Information
Set for hearing May 12.
2025-04-29 California Legislative Information
Read second time and amended. Re-referred to Com. on APPR.
2025-04-28 California Legislative Information
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 872.) (April 23).
2025-04-21 California Legislative Information
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
2025-04-08 California Legislative Information
Set for hearing April 23.
2025-04-07 California Legislative Information
Read second time and amended. Re-referred to Com. on REV. & TAX.
2025-04-03 California Legislative Information
From committee: Do pass as amended and re-refer to Com. on REV. & TAX. (Ayes 8. Noes 0. Page 634.) (April 2).
2025-03-27 California Legislative Information
Set for hearing April 2.
2025-03-26 California Legislative Information
Re-referred to Coms. on E.Q. and REV. & TAX.
2025-03-17 California Legislative Information
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
2025-02-19 California Legislative Information
Referred to Com. on RLS.
2025-02-12 California Legislative Information
From printer. May be acted upon on or after March 14.
2025-02-11 California Legislative Information
Introduced. Read first time. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 328, as amended, Grayson.
Hazardous waste generation and handling fees: Department of Toxic Substances Control oversight
and postentitlement phase permit
responses: housing development projects.
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime.
Existing law, which is part of the Planning and Zoning Law, establishes time limits for a local agency, as defined, to complete reviews regarding
whether an application for a postentitlement phase permit, as defined, is complete and compliant, and
whether to approve or deny an application, as specified, and makes any failure to meet these time limits a disapproval of the housing development project and a violation of specified law.
Upon the department receiving a request for a housing
development project seeking oversight of investigation, characterization, and remediation
activities, or for a request from a housing development project for a postentitlement phase permit that a local agency deemed complete that requires a response from the department,
activities,
this bill would require the department to provide written notice to the requestor within specified timelines regarding subsequent actions in the review process, as specified. The bill would require, for a housing development with 25 units or fewer, the department to provide the written notice within 60 business days of receiving the request. The bill would require, for a housing development with 26 units or more, the department to provide the written notice within 120 business days of receiving the request. The bill would make these provisions operative on July 1, 2028.
Existing law requires a generator of hazardous waste to pay to the California Department of Tax and Fee Administration a generation and handling fee for each generator site based on the amount of waste generated, as specified.
This bill would impose a maximum fee in a total amount of $100,000 upon a generator of
hazardous waste that is residential infill housing, as provided. The bill would impose a maximum fee in a total amount of $250,000 upon a generator of hazardous waste that is a master development project, without regard to the phase of the project. These provisions would only apply to generators that are not responsible for creating the hazardous waste. The bill would require generators to
apply to the department and
certify their eligibility for these fee limitations to the Department of Toxic Substances Control.

Current Bill Text

Read the full stored bill text

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