SB 1258 California Senate · 2025-2026 Regular Session

Hazardous waste: site remediation: residential suitability guidelines.

Summary

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.

Issues: ✓ Environment

Bill status died 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 19, 2026 Last action May 14, 2026

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What changed between versions

02/19/26 - Introduced → 03/25/26 - Amended Senate · 6 edits · Mar 25, 2026

MODERATE

The Senate amendment significantly expands SB 1258 beyond its original scope by adding new provisions to the Health and Safety Code (amending Section 101480 and adding new Section 101481) that create a framework for local officers to oversee 'development-specific site mitigation' on hazardous waste sites. The amendment also extends the deadline for obtaining environmental suitability determinations from before certificate of occupancy to before the first postentitlement phase permit, adds regional water quality control boards as an additional approving agency, and now imposes a state-mandated local program (previously not applicable).

Scope change

The bill's scope expanded from solely amending the Planning and Zoning Law (Government Code Section 65913.4) to also creating new regulatory authority under the Health and Safety Code for local officers to oversee site remediation on hazardous waste sites, and now imposes a state-mandated local program with associated fiscal impacts.

SCOPE

The bill now amends Section 101480 of and adds new Section 101481 to the Health and Safety Code, in addition to its original amendment to Government Code Section 65913.4. The new sections authorize local officers to oversee development-specific site mitigation for developments on hazardous waste facilities subject to corrective action.

DEFINITION

New definition of 'development-specific site mitigation' meaning any level of remediation required for a local officer to issue a determination that the site is suitable for a proposed use in a proposed development.

TIMELINE

The deadline for applicants to obtain environmental suitability determinations was extended from 'before the issuance of a certificate of occupancy' to 'before the issuance of a certificate of occupancy, the first postentitlement phase permit,' giving developers additional time between entitlement approval and construction to complete environmental work.

ELIGIBILITY

Regional water quality control boards were added as an additional agency (alongside the State Department of Public Health, State Water Resources Control Board, DTSC, and local agencies) that can issue a determination that a hazardous waste site is suitable for residential use or residential mixed uses.

ENFORCEMENT

The bill now imposes a state-mandated local program (changed from 'no' to 'yes'), meaning local agencies are required to perform new duties under this act. The bill states no state reimbursement is required for a specified reason, and the fiscal committee vote changed from 'no' to 'yes,' indicating identified fiscal impacts.

TECHNICAL

Reference to 'former Section 25356 of the Health and Safety Code' was updated to 'Section 78760 of the Health and Safety Code' to reflect a statutory renumbering.

03/25/26 - Amended Senate → 04/16/26 - Amended Senate · 4 edits · Apr 16, 2026

MODERATE

SB 1258 was amended to add new requirements for the State Water Resources Control Board to develop guidelines and contaminant thresholds for determining residential suitability of hazardous waste sites, and to remove the state-mandated local program designation that would have triggered state reimbursement obligations to local agencies. The bill also tightened the timing requirement for one hazardous waste site exception by removing the certificate of occupancy reference and requiring action before the first postentitlement phase permit instead.

Scope change

The bill's scope expanded to include new state-level regulatory requirements for contaminant thresholds and remediation guidelines applicable to all development-specific site remediations, not just those triggered by individual projects. The removal of the state-mandated local program finding changes the fiscal relationship between the state and local agencies implementing these provisions.

REQUIREMENT

The State Water Resources Control Board, working jointly with DTSC and in consultation with the Office of Land Use and Climate Innovation, must now develop guidelines for developers and agencies overseeing development-specific site remediations and making determinations of site suitability.

DEFINITION

The board must develop thresholds of significance for contaminants from different sources and for different future uses. Sites with contamination above those thresholds are deemed not suitable for residential use.

FISCAL

The state-mandated local program designation was removed, along with the language stating that no reimbursement is required by this act. This eliminates the fiscal obligation analysis that previously applied to the bill's impact on local agencies.

TIMELINE

One hazardous waste site exception now requires the applicant to obtain a suitability determination before the issuance of the first postentitlement phase permit, rather than before the issuance of a certificate of occupancy or the first postentitlement phase permit (whichever comes first). This narrows the window for compliance.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 14, 2026

Upper · Passed

May 14 hearing: Held in committee and under submission.

upper

Apr 20, 2026

Committee

Re-referred to Com. on APPR.

upper

Apr 16, 2026

Upper · Passed

Read second time and amended. Re-referred to Com. on HOUSING.

upper

Apr 15, 2026

Upper · Passed

From committee: Do pass as amended and re-refer to Com. on HOUSING. (Ayes 6. Noes 0. Page 3900.) (April 15).

upper

Apr 8, 2026

Committee

Re-referred to Coms. on E.Q. and HOUSING.

upper

Mar 26, 2026

Committee

Re-referred to Com. on RLS.

upper

Mar 25, 2026

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.

upper

Mar 4, 2026

Committee

Referred to Coms. on HOUSING and L. GOV.

upper

Feb 19, 2026

Introduced

Introduced. Read first time. To Com. on RLS. for assignment. To print.

upper

1 primary · 0 co-sponsors