BILL NUMBER: SB 1325	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator De León

                        FEBRUARY 19, 2016

   An act to amend Section 25355 of the Health and Safety Code,
relating to hazardous substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1325, as introduced, De León. Hazardous substances: removal or
remedial actions: notifications.
   Existing law requires the Department of Toxic Substances Control,
at least 30 days before initiating a removal or remedial action at a
hazardous substance release site, to make a reasonable effort to
notify the persons identified by the department as potentially
responsible parties and to also publish a notification of the action
in a newspaper of general circulation.
   This bill would instead require the department to make those
notifications at least 45 days before initiating a removal or
remedial action.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25355 of the Health and Safety Code is amended
to read:
   25355.  (a)  The Governor is responsible for the coordination of
all state response actions for sites identified in Section 25356 in
order to assure the maximum use of available federal funds.
   (b)  The director may initiate removal or remedial action pursuant
to this chapter unless these actions have been taken, or are being
taken properly and in a timely fashion, by  any 
 a  responsible party.
   (c)  (1)  At least  30   45  days before
initiating removal or remedial actions, the department shall make a
reasonable effort to notify the persons identified by the department
as potentially responsible parties and shall also publish a
notification of this action in a newspaper of general circulation
pursuant to the method specified in Section 6061 of the Government
Code. This subdivision does not apply to actions taken pursuant to
subdivision (b) of Section 25358.3 or immediate corrective actions
taken pursuant to Section 25354. A responsible party may be held
liable pursuant to this chapter whether or not the person was given
the notice specified in this subdivision.
   (2)  (A)  Notwithstanding subdivision (a) of Section 25317,
 any   a  person may voluntarily enter into
an enforceable agreement with the department pursuant to this
subdivision that allows removal or remedial actions to be conducted
under the oversight of the department at sites with petroleum
releases from sources other than underground storage tanks, as
defined in Section 25299.24.
   (B)  If the department determines that there may be an adverse
impact to water quality as a result of a petroleum release, the
department shall notify the appropriate regional board prior to
entering into the enforceable agreement pursuant to subparagraph (A).
The department may enter into an enforceable agreement pursuant to
subparagraph (A) unless, within 60 days of the notification provided
by the department, the regional board provides the department with a
written notice that the regional board will assume oversight
responsibility for the removal or remedial action.
   (C)  Agreements entered into pursuant to this paragraph shall
provide that the party will reimburse the department for all costs
incurred including, but not limited to, oversight costs pursuant to
the enforceable agreement associated with the performance of the
removal or remedial actions and Chapter 6.66 (commencing with Section
25269).
   (d)  The department shall notify the owner of the real property of
the site of a hazardous substance release within 30 days after
listing a site pursuant to Section 25356, and at least 30 days before
initiating a removal or remedial action pursuant to this chapter, by
sending the notification by certified mail to the person to whom the
real property is assessed, as shown upon the last equalized
assessment roll of the county, at the address shown on the assessment
roll. The requirements of this subdivision do not apply to actions
taken pursuant to subdivision (b) of Section 25358.3 or to immediate
corrective actions taken pursuant to Section 25354.