AMENDED IN SENATE APRIL 16, 2026
AMENDED IN SENATE MARCH 25, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
97
Introduced by Senator Wiener
February 19, 2026
An act to amend Section 65913.4 of the Government Code, and to amend Section 101480 of, and to add Section 101481 to, to the Health and Safety Code, relating to housing. hazardous waste.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
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.
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.
The people of the State of California do enact as follows:
SECTION 1.
Section 101481 is added to the Health and Safety Code, to read:
101481.
(a) The State Water Resources Control Board, working jointly with the Department of Toxic Substances Control and in consultation with the Governor’s Office of Land Use and Climate Innovation, shall develop guidelines, through the adoption of regulations, for developers and for agencies overseeing development-specific site remediations and making determinations of site suitability consistent with Section 101480 and all other applicable regulatory and statutory requirements.
(b) The guidelines developed pursuant to subdivision (a) shall include both of the following:
(1) The timeline and manner in which both project applicants and local agencies shall do all of the following:
(A) Check the site location on the EnviroStor online data management system and GeoTracker internet-accessible database system.
(B) Notify and consult with state agencies on planned remediation actions.
(2) Specific processes and requirements for remediation and mitigation.
(c) (1) The State Water Resources Control Board, in conjunction with the Department of Toxic Substances Control, shall, through the adoption of regulations, develop thresholds of significance for contaminants from different sources and for different future uses, including for residential and mixed-use residential uses.
(2) Sites with contamination above the levels developed pursuant to paragraph (1) shall be deemed not suitable for residential use.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, March 25, 2026. (JR11)