The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires a lead agency that is preparing an environmental impact report, a negative declaration, or making other determinations, to provide public notice of that fact within a reasonable period of time, as provided. CEQA requires a lead agency to give notice to the last known name and address of all organizations and individuals who have previously requested notice, and to give notice by posting the notice on the internet website of the lead agency, and to give notice through one of 3 different procedures, including direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll. Existing law also requires, for a project involving the burning of municipal wastes, hazardous waste, or refuse-derived fuel, to give notice by direct mailing to the owners and occupants of property within 14 of a mile of any parcel or parcels, as specified. This bill would authorize a lead agency to satisfy the direct mailing requirements listed above by electronic mail if the recipient affirmatively requested to receive notice by electronic mail.
Existing law authorizes the Department of Toxic Substances Control (DTSC) , in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations to establish management standards for metal shredding facilities for hazardous waste management activities within the DTSC's jurisdiction, as provided. Existing law provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not hazardous waste, as provided. This bill would repeal those provisions. The bill would establish a comprehensive scheme for the regulation of metal shredding facilities that would be administered by the DTSC pursuant to authority separate from laws governing the control of hazardous waste. The bill would prohibit an owner or operator from operating a metal shredding facility, as defined, in the state unless they have a permit from the DTSC or are deemed to have a permit. The bill would prescribe the requirements for obtaining a permit, for being deemed to have a permit, for operating a metal shredding facility, and for transporting certain materials related to metal shredding, as specified. The bill would require, before a decision is made to approve or deny a permit application, the DTSC to hold a public meeting, as provided. The bill would require the DTSC to take final action on a permit application by an existing facility within 3 years, as provided. The bill would require the DTSC to post on its internet website general information about each metal shredding facility that has applied for or obtained a permit, and to conduct at least one site visit to the applicant's facility after receipt of the permit application. The bill would provide that certain materials related to metal shredding are not hazardous waste if they meet specified requirements. The bill would require any report required to be submitted by a metal shredding facility pursuant to a permit issued to be signed by the owner or operator and certified under penalty of law, including criminal penalties, as specified. The bill would require the DTSC to have primary responsibility for enforcing these provisions, would require the DTSC to conduct an annual compliance evaluation inspection of each metal shredding facility, and would authorize the DTSC to refer violations to a district attorney or the Attorney General for prosecution. The bill would also require the DTSC to inform the local health officer and the director of environmental health of a county, city, or district within 15 days after the DTSC becomes aware of any unlawful disposal of materials, as provided, and of any enforcement action against a metal shredding facility as a result of that unlawful disposal. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program. The bill would require an owner or operator of a metal shredding facility to report to the DTSC certain emergency situations, as specified. The bill would require an owner or operator of a metal shredding facility to submit to the DTSC a closure plan and a cost estimate for closing the metal shredding facility, as specified. The bill would also require the owner or operator of a metal shredding facility to provide written notice to the DTSC at least 60 days before transferring ownership or operation of the facility. The bill would authorize the DTSC to enforce these provisions by revoking permits and by other specified means. The bill would authorize the DTSC to adopt regulations for the operation of metal shredding facilities as necessary to implement the requirements of the bill. The bill would require the DTSC to post information provided by owners and operators regarding a metal shredding facility on the DTSC's internet website in a manner that is readily accessible to the public, except as otherwise required pursuant to existing law. Existing law authorizes the DTSC to collect an annual fee from all metal shredding facilities subject to the requirements of hazardous waste control laws or the DTSC's management standards for metal shredding facilities, as provided. Existing law requires the DTSC to adopt regulations necessary to administer the fee and authorizes the DTSC to adopt those regulations using emergency procedures, as provided. Existing law requires the Controller to establish a separate subaccount in the Hazardous Waste Control Account and for all fees collected to be placed into that subaccount, to be available for expenditure by the DTSC upon appropriation by the Legislature. This bill would make the requirement to collect an annual fee inoperative on July 1, 2027, and would repeal it as of January 1, 2028. This bill would instead require the DTSC to impose an annual fee on all metal shredding facilities subject to the provisions of the bill, as specified. The bill would require, beginning in the 2027–28 fiscal year, the rates established by the DTSC to be reviewed and increased or decreased annually, as provided. The bill would require the DTSC to adopt regulations necessary to administer the fee and would authorize the DTSC to adopt the regulations using emergency procedures, as specified. The bill would require a person who applies for a metal shredding facility permit to enter into a written agreement with the DTSC pursuant to which that person would be required to reimburse the DTSC for the direct costs reasonably incurred by the DTSC in processing the application, as provided. The bill would require the Controller to establish a new and separate Metal Shredding Facility Subaccount to be administered by the Director of Toxic Substances Control and would require all fees collected to be placed into that subaccount and made available for expenditure by the DTSC solely for the purpose of implementation and administration of these provisions, upon appropriation by the Legislature. Existing law establishes the Board of Environmental Safety in the Department of Toxic Substances Control with specified duties. This bill would require, on or before July 1, 2030, the Board of Environmental Safety, at a specially scheduled public meeting, to hear from the DTSC and receive input from the public, metal shredding facilities, and other stakeholders about the implementation of the bill, as provided. The bill would require the fees established pursuant to the bill to be sufficient to cover the reasonable costs incurred by the Board of Environmental Safety in administering and implementing its duties and responsibilities established by the bill. Existing law requires the DTSC to require metal shredding facilities to monitor hazardous waste constituents requested by the DTSC and to report the results of that monitoring to the DTSC. Existing law also requires the DTSC to collect and analyze light fibrous material at the fence lines to determine the potential for release of hazardous waste. Existing law requires, on or before July 1, 2027, the DTSC to develop a procedure for community notification of the public for the area in which the metal shredding facility is located if that monitoring indicates any release of light fibrous material. In addition, existing law requires, on or before January 1, 2027, an air pollution control district or an air quality management district the jurisdiction of which includes metal shredding facilities, in consultation with the DTSC and the Office of Environmental Health Hazard Assessment (OEHHA) , to develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities. Existing law authorizes any reasonable regulatory costs incurred by the DTSC in implementing, and requires that the OEHHA's costs to implement, the above-described duties be reimbursed from a subaccount established in the Hazardous Waste Control Account for the deposit of fees from metal shredding facilities. This bill would limit the scope of those provisions to metal shredding facilities that are subject to the other provisions of the bill and would provide for the reimbursement of those costs from the Metal Shredding Facility Subaccount. Existing law establishes in the General Fund the Toxic Substances Control Account for specified purposes, including the removal or remediation of toxic substances. This bill would require the DTSC to deposit all penalties collected pursuant to the provisions of the bill into the Toxic Substances Control Account. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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.
Existing regulations require each public agency that is responsible for household hazardous waste management to complete and submit a "Form 303 Household Hazardous Waste Collection Report" (Form 303) electronically to the Department of Resources Recycling and Recovery each year. Existing regulations require the reporting timeframe to be July 1 of the previous fiscal year through June 30 of that fiscal year, with the information required to be submitted to the state by October 1 of the following fiscal year. Existing law requires a public agency, or its contractor, operating a household hazardous waste collection facility to, on or before October 1 of each year, submit a copy of the completed Form 303 to the officer or agency authorized to implement and enforce specified hazardous materials laws. Existing law requires that the completed Form 303 also be submitted to the Department of Toxic Substances Control until specified regulations adopted by the Secretary for Environmental Protection are effective and other conditions are met. This bill would require that Form 303 to instead report information for the prior calendar year. The bill would require a copy of the completed Form 303 to instead be submitted to the Department of Resources Recycling and Recovery, and would require the Department of Resources Recycling and Recovery to provide a copy of the completed form to the Department of Toxic Substances Control upon request.
Existing law establishes the Department of Toxic Substances Control, which regulates the handling and management of hazardous waste and hazardous materials, and establishes the Office of Environmental Health Hazard Assessment and the State Air Resources Board. Existing federal law sets action levels for lead in dust and emission standards for asbestos, and existing state law sets workplace standards for asbestos. Existing law authorizes local health officers to take specified actions to protect public health and establishes procedures for the remediation of certain contaminated properties. This bill would require the Department of Toxic Substances Control, in consultation with the Office of Environmental Health Hazard Assessment and other relevant coordinating agencies, on or before December 31, 2028, to develop and adopt regulations pertaining to lead and asbestos testing, remediation, and restoration after a wildfire and, on or before December 31, 2029, to develop and publish guidance pertaining to specified other contaminants, as provided. The bill would require the State Air Resources Board, on or before December 31, 2028, to develop and publish guidance on indoor air contaminants following residential smoke damage from a wildfire, as provided. The bill would provide that, until the adoption of the regulations and guidance, specified lead and asbestos standards shall apply for wildfire-caused lead and asbestos remediation, as provided. The bill would require the department, in collaboration with the State Department of Education and other relevant state agencies, no later than July 1, 2028, to develop advisory, nonregulatory guidance for schools after a wildfire, as provided. The bill would exempt the regulations and guidance from the Administrative Procedure Act. The bill would become operative only if AB 1795 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2027.
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. Existing law requires a generator of hazardous waste to pay to the California Department of Tax and Fee Administration a generation and handling fee for each generator site, and requires the Board of Environmental Safety to establish a schedule of rates for the fee, as provided. A violation of the hazardous waste control laws is a crime. Existing law generally exempts geothermal waste that is generated from the exploration, development, or production of geothermal energy and that does not result from drilling for geothermal resources from the hazardous waste control laws. Existing law limits that exemption under various circumstances, including, among other circumstances, when the waste is no longer contained in a piping system, nonearthen trench, or other specified form of containment, or is left in a lined surface impoundment 18 months after the date the surface impoundment has last received waste. This bill would limit the generation and handling fee rate for geothermal waste that is not exempt from the hazardous waste control laws to no more than $10 per ton.
(1) Existing law requires facilities that generate, treat, or store hazardous waste to obtain a permit or other authorization from the Department of Toxic Substances Control or a unified program agency. Existing law specifies that a hazardous waste facilities permit or other grant of authorization is not required for the treatment of laboratory hazardous waste generated onsite if, among other things, the laboratory hazardous waste is treated in containers using specified procedures and quantities for treatment of laboratory waste, as provided. This bill would specify the priority of those specified procedures. If those specified procedures do not exist, the bill would authorize the use of the manufacturer's written procedures if they are not in conflict with applicable rules or regulations. Existing law requires generators of hazardous waste to provide various notifications and certifications regarding compliance to the department, and to other specified entities, in person, or by certified mail, as provided. This bill would additionally authorize those notifications and certifications to be made into the statewide information management system. (2) Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board and defines "underground storage tank" for those purposes. Existing law excludes certain tanks from the definition of "underground storage tank," including, but not limited to, a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices. This bill would instead exclude from that definition a tank holding hydraulic fluid or dielectric fluid for a closed loop mechanical system that uses compressed air, hydraulic fluid, or dielectric fluid to operate lifts, to operate elevators, to act as an electric cooling or insulation system, and other similar devices.
Existing law requires a public guardian to apply for appointment as a guardian or conservator of the person, the estate, or the person and estate, if there is an imminent threat to a person's health or safety or the person's estate, there is no one else who is qualified and willing to act, as specified, the appointment would be in the best interests of the person, and the person is domiciled in the county. Existing law similarly requires a court to order a public guardian of a county to apply for appointment as a guardian or conservator if it appears that there is no one else who is qualified and willing to act, that the appointment as guardian or conservator appears to be in the best interests of the person, and the person is domiciled in the county. Existing law requires the public guardian to begin an investigation within 2 business days of receiving a referral for conservatorship or guardianship. This bill would require the public guardian to also acknowledge receipt of the referral within 2 business days and conclude the investigation within a reasonable period of time. For referrals for conservatorship, the bill would require the investigation to include a determination of whether or not a temporary or general conservatorship is warranted and would require the public guardian to inform the referring party of the investigation status upon request. By imposing new duties on the public guardian, a county officer, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes the Department of Toxic Substances Control (DTSC) , in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations to establish management standards for metal shredding facilities for hazardous waste management activities within the DTSC's jurisdiction, as provided. Existing law provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not hazardous waste, as provided. This bill would repeal those provisions. The bill would establish a comprehensive scheme for the regulation of metal shredding facilities that would be administered by the DTSC pursuant to authority separate from laws governing the control of hazardous waste. The bill would prohibit an owner or operator from operating a metal shredding facility, as defined, in the state unless they have a permit from the DTSC or are deemed to have a permit. The bill would prescribe the requirements for obtaining a permit, for being deemed to have a permit, for operating a metal shredding facility, and for transporting certain materials related to metal shredding, as specified. The bill would require, before a decision is made to approve or deny the application, the DTSC to hold a public meeting, as provided. The bill would require the department to take final action on a permit application by an existing facility within 3 years, as provided. The bill would require the department to post on its internet website general information about each metal shredding facility that has applied for or obtained a permit, and to conduct at least one site visit to the applicant's facility after receipt of the permit application. The bill would provide that certain materials related to metal shredding are not hazardous waste if they meet specified requirements. The bill would require any report required to be submitted by a metal shredding facility pursuant to a permit issued to be signed by the owner or operator and certified under penalty of law, including criminal penalties, as specified. The bill would require the DTSC to have primary responsibility for enforcing these provisions, would require the DTSC to conduct an annual compliance evaluation inspection of each metal shredding facility, and would authorize the DTSC to refer violations to a district attorney or the Attorney General for prosecution. The bill would also require the DTSC to inform the local health officer and the director of environmental health of a county, city, or district within 15 days after the DTSC becomes aware of any unlawful disposal of materials, as provided, and of any enforcement action against a metal shredding facility as a result of that unlawful disposal. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program. The bill would require an owner or operator of a metal shredding facility to report to the DTSC certain emergency situations, as specified. The bill would require an owner or operator of a metal shredding facility to submit to the DTSC a closure plan and a cost estimate for closing the metal shredding facility, as specified. The bill would also require the owner or operator of a metal shredding facility to provide written notice to the department at least 60 days before transferring ownership or operation of the facility. The bill would authorize the DTSC to enforce these provisions by revoking permits and by other specified means. The bill would authorize the DTSC to adopt regulations for the operation of metal shredding facilities as necessary to implement the requirements of the bill. The bill would require the DTSC to post information provided by owners and operators regarding a metal shredding facility on the department's internet website in a manner that is readily accessible to the public, except as otherwise required pursuant to existing law. Existing law authorizes the DTSC to collect an annual fee from all metal shredding facilities subject to the requirements of hazardous waste control laws or the DTSC's management standards for metal shredding facilities, as provided. Existing law requires the DTSC to adopt regulations necessary to administer the fee and authorizes the DTSC to adopt those regulations using emergency procedures, as provided. Existing law requires the Controller to establish a separate subaccount in the Hazardous Waste Control Account and for all fees collected to be placed into that subaccount, to be available for expenditure by the DTSC upon appropriation by the Legislature. This bill would instead require the DTSC to impose an annual fee on all metal shredding facilities subject to the provisions of this bill, as specified. The bill would require, beginning in the 2026–27 fiscal year, the rates established by the DTSC to be reviewed and increased or decreased annually, as provided. The bill would require the DTSC to adopt regulations necessary to administer the fee and would authorize the DTSC to adopt the regulations using emergency procedures, as specified. The bill would require a person who applies for a metal shredding facility permit to enter into a written agreement with the department pursuant to which that person would be required to reimburse the department for the direct costs reasonably incurred by the department in processing the application, as provided. The bill would require the Controller to establish a new and separate Metal Shredding Facility subaccount to be administered by the Director of Toxic Substances Control and would require all fees collected to be placed into that subaccount and made available for expenditure by the DTSC solely for the purpose of implementation and administration of these provisions, upon appropriation by the Legislature. Existing law requires the DTSC to require metal shredding facilities to monitor hazardous waste constituents requested by the DTSC and to report the results of that monitoring to the DTSC. Existing law also requires the DTSC to collect and analyze light fibrous material at the fence lines to determine the potential for release of hazardous waste. Existing law requires, on or before July 1, 2027, the DTSC to develop a procedure for community notification of the public for the area in which the metal shredding facility is located if that monitoring indicates any release of light fibrous material. In addition, existing law requires, on or before January 1, 2027, an air pollution control district or an air quality management district the jurisdiction of which includes metal shredding facilities, in consultation with the DTSC and the Office of Environmental Health Hazard Assessment (OEHHA) , to develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities. Existing law authorizes any reasonable regulatory costs incurred by the DTSC in implementing, and requires that the OEHHA's costs to implement, the above-described duties be reimbursed from a subaccount established in the Hazardous Waste Control Account for the deposit of fees from metal shredding facilities. This bill would limit the scope of those provisions to metal shredding facilities that are subject to the other provisions of the bill and would provide for the reimbursement of those costs from the Metal Shredding Facility Subaccount. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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.
(1) Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control (DTSC) generally regulates the management and handling of hazardous waste and hazardous materials. Existing law authorizes a public agency, as defined, to operate a household hazardous waste collection facility under permit from DTSC. The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery (CalRecycle) , requires a city and a county to prepare and submit to CalRecycle a countywide integrated waste management plan. The act requires the plan to include a household hazardous waste element that identifies a program in each city and county for the safe collection, recycling, treatment, and disposal of hazardous wastes that are generated by households. The California Oil Recycling Enhancement Act, administered by CalRecycle, establishes a used oil recycling program to promote and develop alternatives to illegal disposal of used oil. The act imposes a charge for every gallon of lubricating oil sold or transferred in the state, or imported into the state for use in the state, as specified. The act requires these charges to be deposited into the California Used Oil Recycling Fund, which is continuously appropriated to, among others, pay recycling incentives and to implement local used oil collection programs, as provided. This bill would make the act, as amended by this bill, inoperative upon the completion of specified conditions, including that CalRecycle submits a letter to the relevant committees of the Legislature indicating that specified conditions have been met and that CalRecycle is prepared to implement a lubricant and waste oil responsibility program as discussed below. This bill would create a producer responsibility program for lubricants and waste oil and require a producer responsibility organization (PRO) to provide a convenient collection and management system for covered products at no cost to residents or local governments. The bill would define "covered product" to mean a petroleum-based automotive product and other related products, as specified. The bill would require a producer of a covered product to register with the PRO, which would be required to develop and implement a producer responsibility plan for the collection, transportation, and the safe and proper management of covered products. The bill would require CalRecycle, in coordination with DTSC, to adopt regulations to implement the program with an effective date no earlier than July 1, 2028. This bill would require the PRO, within 12 months of the effective date of the regulations, to submit a product responsibility plan to CalRecycle. The bill would require the plan to include specified elements, including a funding mechanism that provides sufficient funding to carry out the plan. The bill would require, within 6 months of receipt of the plan, CalRecycle, in collaboration with DTSC, to approve, approve in part, or disapprove the plan, as specified. The bill would require CalRecycle to notify the PRO of its decision. If CalRecycle does not approve the plan in full, then the bill would require CalRecycle to specify the reasons for disapproval or identify the portions of the partially approved plan that do not comply with the program, as applicable. The bill would require the PRO to submit a revised plan if its plan is not fully approved. The bill would conditionally approve a plan if CalRecycle does not approve, approve in part, or disapprove a plan within one year of receipt of the plan. This bill would require the PRO to implement its plan within 90 days of approval. The bill would require the plan to be fully funded in a manner that equitably distributes the plan's costs among participant producers, as specified. The bill would require the PRO to reimburse local jurisdictions for costs associated with collecting illegally dumped covered products and for providing a convenient collection system for covered products if the PRO's plan relies on local jurisdictions to collect or manage covered products. This bill would require the PRO to prepare and submit to CalRecycle an annual report describing the activities carried out pursuant to the plan. The bill would require the PRO to retain specified documents, annually audit its accounting books, and make documents available to CalRecycle for review, as specified. The bill would require all reports and records provided to CalRecycle pursuant to the program to be provided under the penalty of perjury. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would require a participant producer, through the PRO, to pay CalRecycle, on an unspecified schedule, an annual administrative charge, as determined by CalRecycle and DTSC. The bill would require the charge be set at an amount that is adequate to cover CalRecycle's and DTSC's actual and reasonable costs of administering and enforcing the program. The bill would provide for the imposition of administrative civil penalties on producers and other specified persons who violate the program. The bill would establish the Lubricant and Waste Oil Producer Responsibility Fund in the State Treasury and would require the administrative charges collected by CalRecycle to be deposited into that fund for expenditure by CalRecycle, upon appropriation by the Legislature, to cover CalRecycle's cost to implement the program. The bill would also establish the Lubricant and Waste Oil Penalty Account in the Lubricant and Waste Oil Producer Responsibility Fund and would require that the civil penalties collected by CalRecycle pursuant to the program be deposited into that account, for expenditure by CalRecycle, upon appropriation by the Legislature, for activities related to the collection, reuse, and recycling of covered products, grants for related purposes, and the administration and enforcement of the program. (2) Existing law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, establishes a producer responsibility program designed to ensure that producers of single-use packaging and food service ware covered by that program take responsibility for the costs associated with the end-of-life management of that material and ensure that the material is recyclable or compostable. The act requires producers, either individually or through participation in a producer responsibility organization, to have an approved plan that, among other things, describe how the producer or organization will comply with the act. This bill would exempt a product from the act if the product is included in an approved product responsibility plan pursuant to the lubricant and waste oil producer responsibility program, discussed above. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) 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.
(1) Existing law requires a local agency to declare land either "surplus land" or "exempt surplus land," as supported by written findings, before the local agency may take any action to dispose of it consistent with an agency's policies or procedures and defines terms for these purposes. Existing law generally requires a local agency, before disposing or negotiating to dispose of surplus land, to provide a written notice of the availability of the surplus land to specified entities and housing sponsors. Existing law provides that an agency is not required to follow the requirements for the disposal of surplus land for "exempt surplus land." Existing law defines "exempt surplus land" to include certain types of land, including, surplus land totaling 10 or more acres, consisting of either a single parcel, or 2 or more adjacent or nonadjacent parcels combined for disposition to one or more buyers pursuant to a plan or ordinance adopted by the legislative body of the local agency, or a state statute and certain surplus land that is a former military base, known as the Alameda Naval Air Station, if specified conditions are met. Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Office of Land Use and Climate Innovation. This bill would revise the definition of "exempt surplus land" to remove the reference to buyers and instead mean 2 or more adjacent or nonadjacent parcels combined for disposition to one or more persons or entities, as specified. The bill would also exempt surplus land that is a former military base that was conveyed by the federal government to a local agency or a local reuse authority, and that is all or any portion of the Concord Naval Weapons Station, if certain requirements are met, including that the former military base has an aggregate area greater than 5 acres and that before disposition of the land, the local agency or local reuse authority has entered into a disposition and development agreement that stipulates that at least 25% of the aggregate residential units permitted to be developed will be restricted to lower income households with an affordable housing cost or affordable rent for a minimum of 55 years for rental housing and 45 years for owner-occupied housing, as specified. The bill would regulate actions challenging the disposition and would prescribe penalties for violations of these provisions. The bill would also regulate the actions of the local agency or local reuse authority, including, among other things, requiring the local agency or local reuse authority to include in the annual report the status of development of residential units on the former military base, as specified. (2) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would provide that specified environmental review documents satisfy the requirements of CEQA for any project within the portion of the Concord Naval Weapons Station included within the boundaries of the area plan for the Concord Community Reuse Project, as provided, that has land use types that are consistent with the area plan land use types and locations for those land use types that are consistent with the area plan diagram and the project does not cause the aggregate development in the area plan to exceed the area plan maximum planning areawide total, as specified. The bill would further provide that a project that contains land use types that are consistent with the area plan land use types in locations that are not consistent with the area plan diagram would be subject to review pursuant to CEQA, and would be limited to review of the location of land use types that are not consistent with the area plan diagram, as provided. In any action or proceeding challenging a project described above, the bill would require a project applicant to pay any additional costs incurred by the courts in hearing cases relating to the challenge of the project and would require a lead agency to lodge a copy of the certified record of proceedings with the superior court within 10 calendar days after being served with a complaint or a petition for a writ of mandate. Because the bill imposes new duties on local agencies, the bill would impose a state-mandated local program. The bill would require the Judicial Council, on or before July 1, 2027, to adopt rules of court that require any action or proceeding brought to attack, review, set aside, void, or annul the approval of any project within the plan area or any environmental impact review for any project within the plan area, including any potential appeals to the court of appeal or the California Supreme Court, to be resolved to the extent feasible within 270 calendar days of the filing of the certified record of proceedings with the court. The bill would make these provisions severable. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Concord. (4) 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
