Amended IN Assembly April 09, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1102Introduced by Assembly Member BoernerFebruary 20, 2025 An act to add and repeal Section 65940.4 to the Government 57014 of the Health and Safety Code, relating to development. contaminated sites.LEGISLATIVE COUNSEL'S DIGESTAB 1102, as amended, Boerner. Development projects: sea Sea level rise and groundwater rise risk assessment. rise: contaminated sites: report.Under existing law, the Department of Toxic Substances Control generally regulates the management and handling of hazardous substances, materials, and waste. The bill would require, on or before January 1, 2027, the department and the State Water Resources Control Board to submit a report to the Legislature that includes specified information, including information relating to all contaminated sites that are vulnerable to sea level rise and groundwater rise.Existing law requires a public agency to compile one or more lists that specify in detail the information that will be required from any applicant for a development project, as defined.This bill would require a proponent of a new development to complete a sea level rise and groundwater rise risk assessment as part of the application to a public agency if the proposed development will be within 1,000 feet of a contaminated site, as provided, and will be within an area vulnerable to groundwater rise or sea level rise, as defined. Because the bill would place additional duties on 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 57014 is added to the Health and Safety Code, to read:57014. (a) On or before January 1, 2027, the Department of Toxic Substances Control and the State Water Resources Control Board shall submit a report to the Legislature that includes all contaminated sites that are vulnerable to sea level rise and groundwater rise and when the vulnerability assessment will be, or has been, completed.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.SECTION 1.Section 65940.4 is added to the Government Code, to read:65940.4.(a)A proponent of a new development shall complete a sea level rise and groundwater rise risk assessment as part of the application to a public agency if the proposed development will be within 1,000 feet of a contaminated site that has been identified by the Department of Toxics and Substances Control, the State Water Resources Control Board, or a local government and will be within an area vulnerable to groundwater rise or sea level rise.(b)For purposes of this section, the following definitions apply:(1)Groundwater rise means five feet of groundwater rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.(2)Sea level rise means five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.(c)The risk assessment completed pursuant to this section shall be for informational purposes only.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
Amended IN Assembly April 09, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1102Introduced by Assembly Member BoernerFebruary 20, 2025 An act to add and repeal Section 65940.4 to the Government 57014 of the Health and Safety Code, relating to development. contaminated sites.LEGISLATIVE COUNSEL'S DIGESTAB 1102, as amended, Boerner. Development projects: sea Sea level rise and groundwater rise risk assessment. rise: contaminated sites: report.Under existing law, the Department of Toxic Substances Control generally regulates the management and handling of hazardous substances, materials, and waste. The bill would require, on or before January 1, 2027, the department and the State Water Resources Control Board to submit a report to the Legislature that includes specified information, including information relating to all contaminated sites that are vulnerable to sea level rise and groundwater rise.Existing law requires a public agency to compile one or more lists that specify in detail the information that will be required from any applicant for a development project, as defined.This bill would require a proponent of a new development to complete a sea level rise and groundwater rise risk assessment as part of the application to a public agency if the proposed development will be within 1,000 feet of a contaminated site, as provided, and will be within an area vulnerable to groundwater rise or sea level rise, as defined. Because the bill would place additional duties on 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
Amended IN Assembly April 09, 2025
Amended IN Assembly April 09, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1102
Introduced by Assembly Member BoernerFebruary 20, 2025
Introduced by Assembly Member Boerner
February 20, 2025
An act to add and repeal Section 65940.4 to the Government 57014 of the Health and Safety Code, relating to development. contaminated sites.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1102, as amended, Boerner. Development projects: sea Sea level rise and groundwater rise risk assessment. rise: contaminated sites: report.
Under existing law, the Department of Toxic Substances Control generally regulates the management and handling of hazardous substances, materials, and waste. The bill would require, on or before January 1, 2027, the department and the State Water Resources Control Board to submit a report to the Legislature that includes specified information, including information relating to all contaminated sites that are vulnerable to sea level rise and groundwater rise.Existing law requires a public agency to compile one or more lists that specify in detail the information that will be required from any applicant for a development project, as defined.This bill would require a proponent of a new development to complete a sea level rise and groundwater rise risk assessment as part of the application to a public agency if the proposed development will be within 1,000 feet of a contaminated site, as provided, and will be within an area vulnerable to groundwater rise or sea level rise, as defined. Because the bill would place additional duties on 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.
Under existing law, the Department of Toxic Substances Control generally regulates the management and handling of hazardous substances, materials, and waste.
The bill would require, on or before January 1, 2027, the department and the State Water Resources Control Board to submit a report to the Legislature that includes specified information, including information relating to all contaminated sites that are vulnerable to sea level rise and groundwater rise.
Existing law requires a public agency to compile one or more lists that specify in detail the information that will be required from any applicant for a development project, as defined.
This bill would require a proponent of a new development to complete a sea level rise and groundwater rise risk assessment as part of the application to a public agency if the proposed development will be within 1,000 feet of a contaminated site, as provided, and will be within an area vulnerable to groundwater rise or sea level rise, as defined. Because the bill would place additional duties on 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 57014 is added to the Health and Safety Code, to read:57014. (a) On or before January 1, 2027, the Department of Toxic Substances Control and the State Water Resources Control Board shall submit a report to the Legislature that includes all contaminated sites that are vulnerable to sea level rise and groundwater rise and when the vulnerability assessment will be, or has been, completed.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.SECTION 1.Section 65940.4 is added to the Government Code, to read:65940.4.(a)A proponent of a new development shall complete a sea level rise and groundwater rise risk assessment as part of the application to a public agency if the proposed development will be within 1,000 feet of a contaminated site that has been identified by the Department of Toxics and Substances Control, the State Water Resources Control Board, or a local government and will be within an area vulnerable to groundwater rise or sea level rise.(b)For purposes of this section, the following definitions apply:(1)Groundwater rise means five feet of groundwater rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.(2)Sea level rise means five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.(c)The risk assessment completed pursuant to this section shall be for informational purposes only.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 57014 is added to the Health and Safety Code, to read:57014. (a) On or before January 1, 2027, the Department of Toxic Substances Control and the State Water Resources Control Board shall submit a report to the Legislature that includes all contaminated sites that are vulnerable to sea level rise and groundwater rise and when the vulnerability assessment will be, or has been, completed.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
SECTION 1. Section 57014 is added to the Health and Safety Code, to read:
### SECTION 1.
57014. (a) On or before January 1, 2027, the Department of Toxic Substances Control and the State Water Resources Control Board shall submit a report to the Legislature that includes all contaminated sites that are vulnerable to sea level rise and groundwater rise and when the vulnerability assessment will be, or has been, completed.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
57014. (a) On or before January 1, 2027, the Department of Toxic Substances Control and the State Water Resources Control Board shall submit a report to the Legislature that includes all contaminated sites that are vulnerable to sea level rise and groundwater rise and when the vulnerability assessment will be, or has been, completed.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
57014. (a) On or before January 1, 2027, the Department of Toxic Substances Control and the State Water Resources Control Board shall submit a report to the Legislature that includes all contaminated sites that are vulnerable to sea level rise and groundwater rise and when the vulnerability assessment will be, or has been, completed.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
57014. (a) On or before January 1, 2027, the Department of Toxic Substances Control and the State Water Resources Control Board shall submit a report to the Legislature that includes all contaminated sites that are vulnerable to sea level rise and groundwater rise and when the vulnerability assessment will be, or has been, completed.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
(a)A proponent of a new development shall complete a sea level rise and groundwater rise risk assessment as part of the application to a public agency if the proposed development will be within 1,000 feet of a contaminated site that has been identified by the Department of Toxics and Substances Control, the State Water Resources Control Board, or a local government and will be within an area vulnerable to groundwater rise or sea level rise.
(b)For purposes of this section, the following definitions apply:
(1)Groundwater rise means five feet of groundwater rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.
(2)Sea level rise means five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.
(c)The risk assessment completed pursuant to this section shall be for informational purposes only.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.