Bill Text: CA AB2333 | 2019-2020 | Regular Session | Amended
Bill Title: Waste: releases: remedial action: local oversight.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-07-08 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ. [AB2333 Detail]
Download: California-2019-AB2333-Amended.html
|
Amended
IN
Senate
July 08, 2020 |
|
Amended
IN
Assembly
May 06, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2333
| Introduced by Assembly Member Quirk |
February 14, 2020 |
An act to amend Sections 101480, 101485, and 101487 of the Health and Safety Code, relating to hazardous substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2333, as amended, Quirk.
Waste: releases: remedial action: local oversight.
Existing law, whenever a release of waste occurs and remedial action is required, authorizes a responsible party for the release to request that a local officer supervise the remedial action. Existing law authorizes a local officer to agree to supervise the remedial action if the local officer determines that certain conditions have been met. Existing law authorizes that remedial action to be carried out only pursuant to a remedial action agreement, that which includes specified elements, entered into by the local officer and the responsible party, and authorizes the local officer to withdraw from the agreement, after giving the responsible party adequate notice, at any time after making any of
specified findings. Existing law requires a local officer to provide written notification, that includes specified information, to the Department of Toxic Substances Control and the appropriate regional water quality control board at least 10 working days before entering into a remedial action agreement with a responsible party. Existing law authorizes a local officer to provide a responsible party with a letter or other document that describes the release of waste that occurred and the remedial action taken and certifies that the cleanup goals embodied in the remedial action agreement were accomplished.
This bill would authorize a responsible party to request the local officer to oversee the remedial action only if the release is not being overseen by the department or a regional water quality control board. The bill would authorize the local officer to agree to oversee the remedial action only if the local officer demonstrates to the department or the regional
water quality control board determines that the same conditions referenced above have been met and
met, the local officer has submitted specified information to the department and the regional water quality control board within the past 12 months, and the local officer has complied with specified notification requirements. The bill would revise the requirements for a remedial action agreement and would impose other requirements relating to recordkeeping, recordkeeping and public notification, and notification to the department and the regional water quality control board, as provided. The bill would require the department or the regional water quality control board, before assuming regulatory oversight authority over a release, to notify
within 30 days of receiving from a local officer a notice of intent to enter a remedial action agreement, to inform the local officer, 30 days after which any remedial action agreement would no longer be valid. officer in writing if the department or the regional water quality control board will retain oversight authority for the release. The bill would require, instead of authorize, a local officer to provide the responsible party with a document that makes the same descriptions and certifications described above. By imposing new duties on local officers, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 101480 of the Health and Safety Code is amended to read:101480.
(a) For purposes of this article, unless otherwise expressly provided, the following definitions apply:(1) “Department” means the Department of Toxic Substances Control.
(2) “Local officer” means a county health officer, city health officer, or county director of environmental health who has been granted authority by their jurisdiction governing body to enter into remedial action agreements and oversee remedial action
at release sites.
(3) “Person” has the same meaning as set forth in Section 25118.
(4) “Regional water quality control board” means an entity formed pursuant to Section 13201 of the Water Code.
(5) “Release” has the same meaning as set forth in Section 25320.
(6) “Remedial action” means any action taken by a responsible party to clean up a released waste, to abate the effects of a released waste, or to prevent, minimize, or mitigate damages that may result from the release of a waste. “Remedial action” includes the restoration, rehabilitation, or replacement of any natural resource damaged or lost as a result of the release of a waste.
(7) “Responsible party” means a person who, pursuant to this section, requests the local officer to oversee remedial action with respect to a released waste.
(8) “State board” means the State Water Resources Control Board.
(9) “Waste” has the same meaning as set forth in subdivision (b) of Section 101075.
(b) Whenever a release of waste occurs and remedial action is required, and that release is not being overseen by the department or the regional water quality control board, a responsible party for the release may request the local officer to oversee the remedial action. The local officer may agree to oversee the remedial action if (1) the local officer demonstrates to
the department and the regional water quality control board that, the local officer determines, based on available information, that staff resources and the requisite technical expertise and capabilities are available to adequately oversee the remedial action, and (2) the if the local officer has met both of the following requirements:
(1) The local officer has complied with the notification requirements in Section 101487.
(2) The local officer has submitted to the department and the regional water quality control board within the past 12 months the following information:
(A) A description of the technical expertise and staff resources available to oversee the remediation of the release site, including the resumes of appropriately licensed professionals, licensed pursuant to Chapter 7 (commencing with Section 6700) of, or Chapter 12.5 (commencing with Section 7800) of, Division 3 of the Business and Professions Code. The local officer shall submit to the department and the
regional water quality control board information on any substantial changes to staff resources described in this subparagraph within 30 days of those changes.
(B) Certification that appropriate financial resources and funding mechanisms are available to oversee the remediation of the release sites.
(C) Certification that all applicable requirements of this code and Division 7 (commencing with Section 13000) of the Water Code will be adhered to and that, if enforcement action is necessary, the appropriate enforcement action will be conducted and, if the local officer lacks the necessary enforcement authority, the local officer will provide notice to the department and the regional water quality control board regarding the status of the case and the need for enforcement assistance.
(D) Certification that accurate
records will be maintained and kept up-to-date, including through the use of the state board’s GeoTracker electronic data management system, and kept in compliance with the electronic reporting requirements in Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of, and Division 3 of Title 27 of, the California Code of Regulations, or any successor regulations.
(c) Remedial action carried out under this section shall be carried out only pursuant to a remedial action agreement entered into by the local officer and the responsible party. The remedial action agreement shall specify the all of the following information:
(1) The testing, monitoring, and analysis the responsible party will carry out to determine the type and extent of the contamination caused by the released waste that is the subject of the remedial action, as well as proposed remedial actions, required reporting and public notifications, enforcement actions or referrals that may occur in the event of noncompliance with directives, and the action.
(2) Proposed remedial actions.
(3) Reporting and public notification requirements.
(4) Actions that may be taken in the event of noncompliance with directives.
(5) The cleanup goals that the local officer determines are necessary to comply with applicable provisions of this code and the Water Code, and all associated regulations, in order to protect human health or safety or the environment, and that, if met, constitute a permanent remedy to the release of the waste.
(d) A local officer who enters into a remedial action agreement, as described in subdivision (c), may, after giving the responsible party at least 30 days’ notice, withdraw from the agreement at any time for one or more of the following reasons:
(1) The responsible party is not in compliance with the remedial action agreement.
(2) Staff resources, technical expertise, or technical capabilities are not available to adequately oversee the remedial action.
(3) The release of the waste that is the subject of the remedial action is of a sufficiently complex nature or may present such a significant potential hazard to
human health or the environment that it should be referred to the department or the regional water quality control board.
(e) During the notification period described in (1) Within 30 days of receiving a notification submitted pursuant to Section 101487, the department or the regional water quality control board may shall inform the local officer that
in writing if the department or the regional water quality control board will retain oversight authority for the release. If
(2) If the department or the regional water quality control board informs the local officer that they will retain oversight authority for the release during the notice period described in Section 101487, the local officer shall not enter into the remedial action agreement. If
release, the response described in paragraph (1) shall include a brief description of the department’s or the regional water quality control board’s reasons for retaining oversight authority, the name, phone number, and email address of the technical staff at the department or the regional water quality control board who made the determination, and the internet website address of the electronic data management system where public records will be posted regarding the release.
(f) (1) If the department or the regional water quality control board informs the local officer that they will retain oversight authority for the release pursuant to this section, the local officer shall not enter into the remedial action agreement.
(2) If the department or and the regional water quality control board does not notify the local officer that they will not retain oversight authority for the release during the notice period described in Section 101487,
release pursuant to this section, through either a written statement or by not responding within 30 days from the date of the notification pursuant to Section 101487, the local officer may enter the remedial action agreement and, upon doing so, shall establish a global identification number and public record for the site in the state board’s GeoTracker electronic data management system and shall upload a copy of the agreement under that global identification number.
(f)
(g) The department or a regional water quality control board shall not assume regulatory oversight authority
over a release pursuant to the authority referenced in Section 101485
for which they have received a notification described in Section 101487 or after a remedial action agreement has been entered into unless the department or
the regional water quality control board makes one or more of the following determinations:
(1) The remedial action being proposed for the site will be insufficient to address the contamination caused by the released waste that is the subject of the remedial action.
(2)The site or the local officer’s staff resources, technical expertise, or technical capabilities were not adequately described in the original written notification provided by the local officer pursuant to Section
101487.
(3)Staff
(2) The staff resources, technical expertise, or technical capabilities necessary to adequately oversee the remedial action are not described in subparagraph (A) of paragraph (2) of subdivision (b) are no longer available to the local officer.
(4)
(3) The responsible party is not in compliance with the remedial action agreement and the local officer lacks the necessary enforcement authority to ensure compliance with the remedial action agreement.
(5)
(4) The release of the waste that is the subject of the remedial action is determined to be of a more complex nature or presents a more significant potential hazard to human health or the environment than originally anticipated.
of a sufficiently complex nature or may present such a significant potential hazard to human health or the environment that it should be handled by the department or the regional water quality control board.
(g)
(h) (1) After a remedial action agreement has been entered into, the department or a regional water quality control board
shall notify the local officer in writing if the department or the regional water quality control board will assume regulatory oversight authority board over the release pursuant to the authority referenced in Section 101485.
(2) The notification described in paragraph (1) shall occur with a minimum 30-day notice, after which the remedial action agreement shall no longer be valid.
(3) Nothing in the notification described in paragraph (1) shall preclude the local officer from recovering any costs from the responsible party that the local officer incurred under the terms of the remedial action agreement
before its termination.
(h)
(i) The local officer shall ensure compliance with the electronic reporting requirements of Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of, and Division 3 of Title 27 of, the California Code of Regulations, or any successor regulations. The electronic reporting requirements shall be included as a provision of a remedial action agreement.
(i)
(j) (1) At least 30 days before certifying that the cleanup goals identified in the remedial action agreement were accomplished pursuant to paragraph (2), the local officer shall conduct a public notification process that shall include, at a minimum, notifying the department, the regional water quality control board, agencies with authority to issue building permits for land affected by the release, owners and occupants of the property impacted by the release, and the owners and occupants of all parcels adjacent to the release, and posting the public notice on the state board’s GeoTracker electronic data management system under the global identification number established for the site.
(2) After determining that a responsible party has completed the actions required by the remedial action agreement and that a permanent
remedy for the release of waste has been achieved, the local officer shall provide the responsible party with a document that describes the release of waste that occurred and the remedial
action taken, and certifies that the cleanup goals embodied in the remedial action agreement were accomplished. The local officer shall post the document on the state board’s GeoTracker electronic data management system under the global identification number established for the site.
(3) Paragraphs (1) and (2) shall apply to a remedial action agreement entered into on or after January 1, 2021, and an open remedial action agreement entered into before January 1, 2021, if the document described in paragraph (2) has not been provided to the responsible party as of January 1, 2021.
(j)
(k) Except as provided in paragraph (3) of subdivision (i), (j), the amendments made to this section by Assembly Bill 2333 of the 2019–20 Regular Session apply to a remedial action agreement
entered into on or after January 1, 2021, and this section shall apply as it read on December 31, 2020, with regard to a remedial action agreement entered into before January 1, 2021.
SEC. 2.
Section 101485 of the Health and Safety Code is amended to read:101485.
This article does not prohibit the department from assuming jurisdiction over a release pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20, or the regional water quality control board or the state board from assuming jurisdiction over a release or taking enforcement action against a release pursuant to Division 7 (commencing with Section 13000) of the Water Code.SEC. 3.
Section 101487 of the Health and Safety Code is amended to read:101487.
(a) A local officer shall provide written notification to the department and the regional water quality control board(a)
(1) The name and address of the responsible party.
(b)
(2) The names and address of the current site owners, if different than the responsible party.
(c)
(3) The address and location of the site or sites to which the remedial action agreement will apply.
(d)
(4) A description of any known local, state, or federal regulatory involvement at the site.
(e)
(5) A preliminary description of the release and, if known, the anticipated investigation or remediation to be performed under the remedial action agreement.
(f)A description of the technical expertise and staff resources available to oversee the remediation of the release site, including the resumes of appropriately licensed professionals, licensed pursuant to Chapter 7 (commencing with Section 6700) of, or Chapter 12.5 (commencing with Section 7800) of, Division 3 of the Business and Professions Code.
(g)Certification that appropriate financial resources and funding mechanisms are available to oversee the remediation of the site.
(h)Certification that all applicable requirements of this code and the Water
Code
will be adhered to and that, if enforcement action is necessary, the appropriate enforcement action will be conducted or the case will promptly be referred to the department or the regional water quality control board. If the local officer lacks the necessary enforcement authority, referral to the department or the regional water quality control board is the appropriate enforcement action.
(i)Certification that accurate records will be maintained and kept up-to-date, including through the use of the state board’s GeoTracker electronic data management system, and kept in compliance
with the electronic reporting requirements in Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of, and Division 3 of Title 27 of, the California Code of Regulations, or any successor regulations.
(6) The name, phone number, and email address of the technical staff who are available to oversee the remediation of the release site.
(j)
(b) The amendments made to this section by Assembly Bill 2333 of the 2019–20
Regular Session apply to a remedial action agreement entered into on or after January 1, 2021. For a remedial action agreement entered into before January 1, 2021, this section shall apply as it read on December 31, 2020.
