SB 1258: Hazardous waste: site remediation: residential suitability guidelines.
<p>The bill requires the State Water Resources Control Board to collaborate with the Department of Toxic Substances Control in developing guidelines for site remediation and determining residential suitability. These guidelines will assist developers and oversight agencies in managing contaminated sites. Additionally, the board must establish thresholds of significance for contaminants based on future land use, including residential use. Sites exceeding these contaminant levels would be deemed unsuitable for residential development.</p>
| May. 14, 2026 | May 14 hearing: Held in committee and under submission. |
| May. 08, 2026 | Set for hearing May 14. |
| May. 04, 2026 | May 4 hearing: Placed on APPR. suspense file. |
| Apr. 24, 2026 | Set for hearing May 4. |
| Apr. 20, 2026 | Re-referred to Com. on APPR. |
| Amended IN Senate April 16, 2026 |
| Amended IN Senate March 25, 2026 |
| Introduced by Senator Wiener |
February 19, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
(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.
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.