Amended IN Senate April 21, 2025 Amended IN Senate April 07, 2025 Amended IN Senate March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 328Introduced by Senator GraysonFebruary 11, 2025An act to add Section 65913.3.3 to the Government Code, and to add Section 25205.5.5 to the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTSB 328, as amended, Grayson. Hazardous waste generator permits: housing development projects. generation and handling fees: Department of Toxic Substances Control oversight and postentitlement phase permit responses: housing development, park, or open-space projects and nonprofit entity requests.The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime.Existing law, which is part of the Planning and Zoning Law, establishes time limits for a local agency, as defined, to complete reviews regarding whether an application for a postentitlement phase permit, as defined, is complete and compliant, and whether to approve or deny an application, as specified, and makes any failure to meet these time limits a disapproval of the housing development project and a violation of specified law.Upon the department receiving a request from a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, or for a request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete that requires a response from the department, this bill would require the department to provide written notice to the requestor within specified timelines regarding subsequent actions in the review process, as specified. The bill would require, for a housing development with 25 units or fewer, nonprofit entity, or park or open-space project, the department to provide the written notice within 30 business days of receiving the request. The bill would require, for a housing development with 26 units or more, the department to provide the written notice within 60 business days of receiving the request.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 based on the amount of waste generated, as specified.This bill would impose a maximum fee in a total amount of $100,000 upon a generator of hazardous waste that is residential infill housing, as provided, a nonprofit, or a stand-alone park or open-space project. The bill would impose a maximum fee in a total amount of $250,000 upon a generator of hazardous waste that is a master development project, without regard to the phase of the project. These provisions would only apply to generators that are not responsible for creating the hazardous waste.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65913.3.3 is added to the Government Code, to read:65913.3.3. (a) This section applies to both of the following:(1) A request submitted to the department by a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, including, but not limited to, any of the following actions:(A) An application for a voluntary cleanup agreement.(B) An application for a prospective purchaser agreement.(C) An application for an agreement entered into pursuant to the California Land Reuse and Revitalization Act of 2004, as set forth in Chapter 6.82 (commencing with Section 25395.60) of Division 20 of the Health and Safety Code.(D) A request for approval of completion of site mitigation.(E) A request for Affirmation of No Further Action, a request for a No Further Remedial Action letter, or an equivalent determination.(F) Any interim step necessary for the issuance of determinations described in subparagraphs (A) to (E), inclusive, including, but not limited to, site screening, preliminary endangerment assessment, work plan, action plan, or cleanup program.(2) A request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete pursuant to subdivision (b) of Section 65913.3 that requires a response from the department.(b) The department, upon receipt of a request pursuant to subdivision (a), shall provide written notice to the requestor, pursuant to the timelines specified in subdivision (c), of subsequent actions in the review process, including, but not limited to, any additional information that may be required to begin to review the request.(c) (1) For a housing development project with 25 units or fewer, nonprofit entity, or park or open-space project, the department shall provide the written notice required by subdivision (b) within 30 business days of receipt of the request.(2) For a housing development project with 26 units or more, the department shall provide the written notice required by subdivision (b) within 60 business days of receipt of the request.(d) (1) After receiving notice that a request requires additional information pursuant to subdivision (b), a requestor may provide the requested information directly to the department.(2) The department, upon receipt of additional information pursuant to paragraph (1), shall respond to the requestor with a notice that contains the information or subsequent actions required by subdivision (b) in the applicable time period described in subdivision (c).(3) The department shall continue to review each request to determine additional relevant information and provide written notice of the subsequent actions or additional information required in the applicable time periods described in subdivision (c) of each submission by the requestor.(e) This section does not limit the amount of comments, feedback, revisions, or requests for additional information the department may provide to a requestor or to a local agency.(f) This section does not require the department to make a final determination within a specified time period.(g) For purposes of this section, the following definitions apply:(1) Department means the Department of Toxic Substances Control.(2) Housing development project has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.(3) Local agency means any city, county, or city and county.(4) Postentitlement phase permit has the same meaning as defined in Section 65913.3.SECTION 1.SEC. 2. Section 25205.5.5 is added to the Health and Safety Code, to read:25205.5.5. (a) Notwithstanding For purposes of this section, the following definitions apply:(1) Sixty-six percent residential housing means a multifamily housing development project in an infill setting that is surrounded on at least three sides by urbanized uses and of which at least two-thirds of the proposed square footage is dedicated to residential use.(2) Master development project means a project that complies with all of the following criteria:(A) The project is governed by a development agreement.(B) The project explicitly contemplates development in multiple phases.(C) The project requires construction of new infrastructure.(3) Nonprofit project means a development project initiated or sponsored by a nonprofit entity.(4) Open-space project or stand-alone park means a project or park that is developed separately from a commercial or residential project and is not developed in conjunction with a commercial or residential project.(b) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is any of the following shall be in a total amount that does not exceed one hundred thousand dollars ($100,000) for the entire project:(1) Infill housing that is at least 66 percent residential housing.(2) A nonprofit project.(3) A stand-alone park or open-space project.(b)(c) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is a master development project shall be in a total amount that does not exceed two hundred fifty thousand dollars ($250,000) for the entire development project, without regard to the phase.(c)(d) This section only applies to generators that are not responsible for creating the hazardous waste.
Amended IN Senate April 21, 2025 Amended IN Senate April 07, 2025 Amended IN Senate March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 328Introduced by Senator GraysonFebruary 11, 2025An act to add Section 65913.3.3 to the Government Code, and to add Section 25205.5.5 to the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTSB 328, as amended, Grayson. Hazardous waste generator permits: housing development projects. generation and handling fees: Department of Toxic Substances Control oversight and postentitlement phase permit responses: housing development, park, or open-space projects and nonprofit entity requests.The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime.Existing law, which is part of the Planning and Zoning Law, establishes time limits for a local agency, as defined, to complete reviews regarding whether an application for a postentitlement phase permit, as defined, is complete and compliant, and whether to approve or deny an application, as specified, and makes any failure to meet these time limits a disapproval of the housing development project and a violation of specified law.Upon the department receiving a request from a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, or for a request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete that requires a response from the department, this bill would require the department to provide written notice to the requestor within specified timelines regarding subsequent actions in the review process, as specified. The bill would require, for a housing development with 25 units or fewer, nonprofit entity, or park or open-space project, the department to provide the written notice within 30 business days of receiving the request. The bill would require, for a housing development with 26 units or more, the department to provide the written notice within 60 business days of receiving the request.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 based on the amount of waste generated, as specified.This bill would impose a maximum fee in a total amount of $100,000 upon a generator of hazardous waste that is residential infill housing, as provided, a nonprofit, or a stand-alone park or open-space project. The bill would impose a maximum fee in a total amount of $250,000 upon a generator of hazardous waste that is a master development project, without regard to the phase of the project. These provisions would only apply to generators that are not responsible for creating the hazardous waste.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 21, 2025 Amended IN Senate April 07, 2025 Amended IN Senate March 17, 2025
Amended IN Senate April 21, 2025
Amended IN Senate April 07, 2025
Amended IN Senate March 17, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 328
Introduced by Senator GraysonFebruary 11, 2025
Introduced by Senator Grayson
February 11, 2025
An act to add Section 65913.3.3 to the Government Code, and to add Section 25205.5.5 to the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 328, as amended, Grayson. Hazardous waste generator permits: housing development projects. generation and handling fees: Department of Toxic Substances Control oversight and postentitlement phase permit responses: housing development, park, or open-space projects and nonprofit entity requests.
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime.Existing law, which is part of the Planning and Zoning Law, establishes time limits for a local agency, as defined, to complete reviews regarding whether an application for a postentitlement phase permit, as defined, is complete and compliant, and whether to approve or deny an application, as specified, and makes any failure to meet these time limits a disapproval of the housing development project and a violation of specified law.Upon the department receiving a request from a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, or for a request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete that requires a response from the department, this bill would require the department to provide written notice to the requestor within specified timelines regarding subsequent actions in the review process, as specified. The bill would require, for a housing development with 25 units or fewer, nonprofit entity, or park or open-space project, the department to provide the written notice within 30 business days of receiving the request. The bill would require, for a housing development with 26 units or more, the department to provide the written notice within 60 business days of receiving the request.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 based on the amount of waste generated, as specified.This bill would impose a maximum fee in a total amount of $100,000 upon a generator of hazardous waste that is residential infill housing, as provided, a nonprofit, or a stand-alone park or open-space project. The bill would impose a maximum fee in a total amount of $250,000 upon a generator of hazardous waste that is a master development project, without regard to the phase of the project. These provisions would only apply to generators that are not responsible for creating the hazardous waste.
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime.
Existing law, which is part of the Planning and Zoning Law, establishes time limits for a local agency, as defined, to complete reviews regarding whether an application for a postentitlement phase permit, as defined, is complete and compliant, and whether to approve or deny an application, as specified, and makes any failure to meet these time limits a disapproval of the housing development project and a violation of specified law.
Upon the department receiving a request from a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, or for a request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete that requires a response from the department, this bill would require the department to provide written notice to the requestor within specified timelines regarding subsequent actions in the review process, as specified. The bill would require, for a housing development with 25 units or fewer, nonprofit entity, or park or open-space project, the department to provide the written notice within 30 business days of receiving the request. The bill would require, for a housing development with 26 units or more, the department to provide the written notice within 60 business days of receiving the request.
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 based on the amount of waste generated, as specified.
This bill would impose a maximum fee in a total amount of $100,000 upon a generator of hazardous waste that is residential infill housing, as provided, a nonprofit, or a stand-alone park or open-space project. The bill would impose a maximum fee in a total amount of $250,000 upon a generator of hazardous waste that is a master development project, without regard to the phase of the project. These provisions would only apply to generators that are not responsible for creating the hazardous waste.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65913.3.3 is added to the Government Code, to read:65913.3.3. (a) This section applies to both of the following:(1) A request submitted to the department by a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, including, but not limited to, any of the following actions:(A) An application for a voluntary cleanup agreement.(B) An application for a prospective purchaser agreement.(C) An application for an agreement entered into pursuant to the California Land Reuse and Revitalization Act of 2004, as set forth in Chapter 6.82 (commencing with Section 25395.60) of Division 20 of the Health and Safety Code.(D) A request for approval of completion of site mitigation.(E) A request for Affirmation of No Further Action, a request for a No Further Remedial Action letter, or an equivalent determination.(F) Any interim step necessary for the issuance of determinations described in subparagraphs (A) to (E), inclusive, including, but not limited to, site screening, preliminary endangerment assessment, work plan, action plan, or cleanup program.(2) A request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete pursuant to subdivision (b) of Section 65913.3 that requires a response from the department.(b) The department, upon receipt of a request pursuant to subdivision (a), shall provide written notice to the requestor, pursuant to the timelines specified in subdivision (c), of subsequent actions in the review process, including, but not limited to, any additional information that may be required to begin to review the request.(c) (1) For a housing development project with 25 units or fewer, nonprofit entity, or park or open-space project, the department shall provide the written notice required by subdivision (b) within 30 business days of receipt of the request.(2) For a housing development project with 26 units or more, the department shall provide the written notice required by subdivision (b) within 60 business days of receipt of the request.(d) (1) After receiving notice that a request requires additional information pursuant to subdivision (b), a requestor may provide the requested information directly to the department.(2) The department, upon receipt of additional information pursuant to paragraph (1), shall respond to the requestor with a notice that contains the information or subsequent actions required by subdivision (b) in the applicable time period described in subdivision (c).(3) The department shall continue to review each request to determine additional relevant information and provide written notice of the subsequent actions or additional information required in the applicable time periods described in subdivision (c) of each submission by the requestor.(e) This section does not limit the amount of comments, feedback, revisions, or requests for additional information the department may provide to a requestor or to a local agency.(f) This section does not require the department to make a final determination within a specified time period.(g) For purposes of this section, the following definitions apply:(1) Department means the Department of Toxic Substances Control.(2) Housing development project has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.(3) Local agency means any city, county, or city and county.(4) Postentitlement phase permit has the same meaning as defined in Section 65913.3.SECTION 1.SEC. 2. Section 25205.5.5 is added to the Health and Safety Code, to read:25205.5.5. (a) Notwithstanding For purposes of this section, the following definitions apply:(1) Sixty-six percent residential housing means a multifamily housing development project in an infill setting that is surrounded on at least three sides by urbanized uses and of which at least two-thirds of the proposed square footage is dedicated to residential use.(2) Master development project means a project that complies with all of the following criteria:(A) The project is governed by a development agreement.(B) The project explicitly contemplates development in multiple phases.(C) The project requires construction of new infrastructure.(3) Nonprofit project means a development project initiated or sponsored by a nonprofit entity.(4) Open-space project or stand-alone park means a project or park that is developed separately from a commercial or residential project and is not developed in conjunction with a commercial or residential project.(b) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is any of the following shall be in a total amount that does not exceed one hundred thousand dollars ($100,000) for the entire project:(1) Infill housing that is at least 66 percent residential housing.(2) A nonprofit project.(3) A stand-alone park or open-space project.(b)(c) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is a master development project shall be in a total amount that does not exceed two hundred fifty thousand dollars ($250,000) for the entire development project, without regard to the phase.(c)(d) This section only applies to generators that are not responsible for creating the hazardous waste.
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 65913.3.3 is added to the Government Code, to read:65913.3.3. (a) This section applies to both of the following:(1) A request submitted to the department by a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, including, but not limited to, any of the following actions:(A) An application for a voluntary cleanup agreement.(B) An application for a prospective purchaser agreement.(C) An application for an agreement entered into pursuant to the California Land Reuse and Revitalization Act of 2004, as set forth in Chapter 6.82 (commencing with Section 25395.60) of Division 20 of the Health and Safety Code.(D) A request for approval of completion of site mitigation.(E) A request for Affirmation of No Further Action, a request for a No Further Remedial Action letter, or an equivalent determination.(F) Any interim step necessary for the issuance of determinations described in subparagraphs (A) to (E), inclusive, including, but not limited to, site screening, preliminary endangerment assessment, work plan, action plan, or cleanup program.(2) A request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete pursuant to subdivision (b) of Section 65913.3 that requires a response from the department.(b) The department, upon receipt of a request pursuant to subdivision (a), shall provide written notice to the requestor, pursuant to the timelines specified in subdivision (c), of subsequent actions in the review process, including, but not limited to, any additional information that may be required to begin to review the request.(c) (1) For a housing development project with 25 units or fewer, nonprofit entity, or park or open-space project, the department shall provide the written notice required by subdivision (b) within 30 business days of receipt of the request.(2) For a housing development project with 26 units or more, the department shall provide the written notice required by subdivision (b) within 60 business days of receipt of the request.(d) (1) After receiving notice that a request requires additional information pursuant to subdivision (b), a requestor may provide the requested information directly to the department.(2) The department, upon receipt of additional information pursuant to paragraph (1), shall respond to the requestor with a notice that contains the information or subsequent actions required by subdivision (b) in the applicable time period described in subdivision (c).(3) The department shall continue to review each request to determine additional relevant information and provide written notice of the subsequent actions or additional information required in the applicable time periods described in subdivision (c) of each submission by the requestor.(e) This section does not limit the amount of comments, feedback, revisions, or requests for additional information the department may provide to a requestor or to a local agency.(f) This section does not require the department to make a final determination within a specified time period.(g) For purposes of this section, the following definitions apply:(1) Department means the Department of Toxic Substances Control.(2) Housing development project has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.(3) Local agency means any city, county, or city and county.(4) Postentitlement phase permit has the same meaning as defined in Section 65913.3.
SECTION 1. Section 65913.3.3 is added to the Government Code, to read:
### SECTION 1.
65913.3.3. (a) This section applies to both of the following:(1) A request submitted to the department by a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, including, but not limited to, any of the following actions:(A) An application for a voluntary cleanup agreement.(B) An application for a prospective purchaser agreement.(C) An application for an agreement entered into pursuant to the California Land Reuse and Revitalization Act of 2004, as set forth in Chapter 6.82 (commencing with Section 25395.60) of Division 20 of the Health and Safety Code.(D) A request for approval of completion of site mitigation.(E) A request for Affirmation of No Further Action, a request for a No Further Remedial Action letter, or an equivalent determination.(F) Any interim step necessary for the issuance of determinations described in subparagraphs (A) to (E), inclusive, including, but not limited to, site screening, preliminary endangerment assessment, work plan, action plan, or cleanup program.(2) A request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete pursuant to subdivision (b) of Section 65913.3 that requires a response from the department.(b) The department, upon receipt of a request pursuant to subdivision (a), shall provide written notice to the requestor, pursuant to the timelines specified in subdivision (c), of subsequent actions in the review process, including, but not limited to, any additional information that may be required to begin to review the request.(c) (1) For a housing development project with 25 units or fewer, nonprofit entity, or park or open-space project, the department shall provide the written notice required by subdivision (b) within 30 business days of receipt of the request.(2) For a housing development project with 26 units or more, the department shall provide the written notice required by subdivision (b) within 60 business days of receipt of the request.(d) (1) After receiving notice that a request requires additional information pursuant to subdivision (b), a requestor may provide the requested information directly to the department.(2) The department, upon receipt of additional information pursuant to paragraph (1), shall respond to the requestor with a notice that contains the information or subsequent actions required by subdivision (b) in the applicable time period described in subdivision (c).(3) The department shall continue to review each request to determine additional relevant information and provide written notice of the subsequent actions or additional information required in the applicable time periods described in subdivision (c) of each submission by the requestor.(e) This section does not limit the amount of comments, feedback, revisions, or requests for additional information the department may provide to a requestor or to a local agency.(f) This section does not require the department to make a final determination within a specified time period.(g) For purposes of this section, the following definitions apply:(1) Department means the Department of Toxic Substances Control.(2) Housing development project has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.(3) Local agency means any city, county, or city and county.(4) Postentitlement phase permit has the same meaning as defined in Section 65913.3.
65913.3.3. (a) This section applies to both of the following:(1) A request submitted to the department by a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, including, but not limited to, any of the following actions:(A) An application for a voluntary cleanup agreement.(B) An application for a prospective purchaser agreement.(C) An application for an agreement entered into pursuant to the California Land Reuse and Revitalization Act of 2004, as set forth in Chapter 6.82 (commencing with Section 25395.60) of Division 20 of the Health and Safety Code.(D) A request for approval of completion of site mitigation.(E) A request for Affirmation of No Further Action, a request for a No Further Remedial Action letter, or an equivalent determination.(F) Any interim step necessary for the issuance of determinations described in subparagraphs (A) to (E), inclusive, including, but not limited to, site screening, preliminary endangerment assessment, work plan, action plan, or cleanup program.(2) A request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete pursuant to subdivision (b) of Section 65913.3 that requires a response from the department.(b) The department, upon receipt of a request pursuant to subdivision (a), shall provide written notice to the requestor, pursuant to the timelines specified in subdivision (c), of subsequent actions in the review process, including, but not limited to, any additional information that may be required to begin to review the request.(c) (1) For a housing development project with 25 units or fewer, nonprofit entity, or park or open-space project, the department shall provide the written notice required by subdivision (b) within 30 business days of receipt of the request.(2) For a housing development project with 26 units or more, the department shall provide the written notice required by subdivision (b) within 60 business days of receipt of the request.(d) (1) After receiving notice that a request requires additional information pursuant to subdivision (b), a requestor may provide the requested information directly to the department.(2) The department, upon receipt of additional information pursuant to paragraph (1), shall respond to the requestor with a notice that contains the information or subsequent actions required by subdivision (b) in the applicable time period described in subdivision (c).(3) The department shall continue to review each request to determine additional relevant information and provide written notice of the subsequent actions or additional information required in the applicable time periods described in subdivision (c) of each submission by the requestor.(e) This section does not limit the amount of comments, feedback, revisions, or requests for additional information the department may provide to a requestor or to a local agency.(f) This section does not require the department to make a final determination within a specified time period.(g) For purposes of this section, the following definitions apply:(1) Department means the Department of Toxic Substances Control.(2) Housing development project has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.(3) Local agency means any city, county, or city and county.(4) Postentitlement phase permit has the same meaning as defined in Section 65913.3.
65913.3.3. (a) This section applies to both of the following:(1) A request submitted to the department by a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, including, but not limited to, any of the following actions:(A) An application for a voluntary cleanup agreement.(B) An application for a prospective purchaser agreement.(C) An application for an agreement entered into pursuant to the California Land Reuse and Revitalization Act of 2004, as set forth in Chapter 6.82 (commencing with Section 25395.60) of Division 20 of the Health and Safety Code.(D) A request for approval of completion of site mitigation.(E) A request for Affirmation of No Further Action, a request for a No Further Remedial Action letter, or an equivalent determination.(F) Any interim step necessary for the issuance of determinations described in subparagraphs (A) to (E), inclusive, including, but not limited to, site screening, preliminary endangerment assessment, work plan, action plan, or cleanup program.(2) A request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete pursuant to subdivision (b) of Section 65913.3 that requires a response from the department.(b) The department, upon receipt of a request pursuant to subdivision (a), shall provide written notice to the requestor, pursuant to the timelines specified in subdivision (c), of subsequent actions in the review process, including, but not limited to, any additional information that may be required to begin to review the request.(c) (1) For a housing development project with 25 units or fewer, nonprofit entity, or park or open-space project, the department shall provide the written notice required by subdivision (b) within 30 business days of receipt of the request.(2) For a housing development project with 26 units or more, the department shall provide the written notice required by subdivision (b) within 60 business days of receipt of the request.(d) (1) After receiving notice that a request requires additional information pursuant to subdivision (b), a requestor may provide the requested information directly to the department.(2) The department, upon receipt of additional information pursuant to paragraph (1), shall respond to the requestor with a notice that contains the information or subsequent actions required by subdivision (b) in the applicable time period described in subdivision (c).(3) The department shall continue to review each request to determine additional relevant information and provide written notice of the subsequent actions or additional information required in the applicable time periods described in subdivision (c) of each submission by the requestor.(e) This section does not limit the amount of comments, feedback, revisions, or requests for additional information the department may provide to a requestor or to a local agency.(f) This section does not require the department to make a final determination within a specified time period.(g) For purposes of this section, the following definitions apply:(1) Department means the Department of Toxic Substances Control.(2) Housing development project has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.(3) Local agency means any city, county, or city and county.(4) Postentitlement phase permit has the same meaning as defined in Section 65913.3.
65913.3.3. (a) This section applies to both of the following:
###### 65913.3.3.
(1) A request submitted to the department by a nonprofit entity or for a housing development project, park project, or open-space project seeking oversight of investigation, characterization, and remediation activities, including, but not limited to, any of the following actions:
(A) An application for a voluntary cleanup agreement.
(B) An application for a prospective purchaser agreement.
(C) An application for an agreement entered into pursuant to the California Land Reuse and Revitalization Act of 2004, as set forth in Chapter 6.82 (commencing with Section 25395.60) of Division 20 of the Health and Safety Code.
(D) A request for approval of completion of site mitigation.
(E) A request for Affirmation of No Further Action, a request for a No Further Remedial Action letter, or an equivalent determination.
(F) Any interim step necessary for the issuance of determinations described in subparagraphs (A) to (E), inclusive, including, but not limited to, site screening, preliminary endangerment assessment, work plan, action plan, or cleanup program.
(2) A request from a housing development project, nonprofit entity, or park or open-space project for a postentitlement phase permit that a local agency deemed complete pursuant to subdivision (b) of Section 65913.3 that requires a response from the department.
(b) The department, upon receipt of a request pursuant to subdivision (a), shall provide written notice to the requestor, pursuant to the timelines specified in subdivision (c), of subsequent actions in the review process, including, but not limited to, any additional information that may be required to begin to review the request.
(c) (1) For a housing development project with 25 units or fewer, nonprofit entity, or park or open-space project, the department shall provide the written notice required by subdivision (b) within 30 business days of receipt of the request.
(2) For a housing development project with 26 units or more, the department shall provide the written notice required by subdivision (b) within 60 business days of receipt of the request.
(d) (1) After receiving notice that a request requires additional information pursuant to subdivision (b), a requestor may provide the requested information directly to the department.
(2) The department, upon receipt of additional information pursuant to paragraph (1), shall respond to the requestor with a notice that contains the information or subsequent actions required by subdivision (b) in the applicable time period described in subdivision (c).
(3) The department shall continue to review each request to determine additional relevant information and provide written notice of the subsequent actions or additional information required in the applicable time periods described in subdivision (c) of each submission by the requestor.
(e) This section does not limit the amount of comments, feedback, revisions, or requests for additional information the department may provide to a requestor or to a local agency.
(f) This section does not require the department to make a final determination within a specified time period.
(g) For purposes of this section, the following definitions apply:
(1) Department means the Department of Toxic Substances Control.
(2) Housing development project has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.
(3) Local agency means any city, county, or city and county.
(4) Postentitlement phase permit has the same meaning as defined in Section 65913.3.
SECTION 1.SEC. 2. Section 25205.5.5 is added to the Health and Safety Code, to read:25205.5.5. (a) Notwithstanding For purposes of this section, the following definitions apply:(1) Sixty-six percent residential housing means a multifamily housing development project in an infill setting that is surrounded on at least three sides by urbanized uses and of which at least two-thirds of the proposed square footage is dedicated to residential use.(2) Master development project means a project that complies with all of the following criteria:(A) The project is governed by a development agreement.(B) The project explicitly contemplates development in multiple phases.(C) The project requires construction of new infrastructure.(3) Nonprofit project means a development project initiated or sponsored by a nonprofit entity.(4) Open-space project or stand-alone park means a project or park that is developed separately from a commercial or residential project and is not developed in conjunction with a commercial or residential project.(b) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is any of the following shall be in a total amount that does not exceed one hundred thousand dollars ($100,000) for the entire project:(1) Infill housing that is at least 66 percent residential housing.(2) A nonprofit project.(3) A stand-alone park or open-space project.(b)(c) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is a master development project shall be in a total amount that does not exceed two hundred fifty thousand dollars ($250,000) for the entire development project, without regard to the phase.(c)(d) This section only applies to generators that are not responsible for creating the hazardous waste.
SECTION 1.SEC. 2. Section 25205.5.5 is added to the Health and Safety Code, to read:
### SECTION 1.SEC. 2.
25205.5.5. (a) Notwithstanding For purposes of this section, the following definitions apply:(1) Sixty-six percent residential housing means a multifamily housing development project in an infill setting that is surrounded on at least three sides by urbanized uses and of which at least two-thirds of the proposed square footage is dedicated to residential use.(2) Master development project means a project that complies with all of the following criteria:(A) The project is governed by a development agreement.(B) The project explicitly contemplates development in multiple phases.(C) The project requires construction of new infrastructure.(3) Nonprofit project means a development project initiated or sponsored by a nonprofit entity.(4) Open-space project or stand-alone park means a project or park that is developed separately from a commercial or residential project and is not developed in conjunction with a commercial or residential project.(b) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is any of the following shall be in a total amount that does not exceed one hundred thousand dollars ($100,000) for the entire project:(1) Infill housing that is at least 66 percent residential housing.(2) A nonprofit project.(3) A stand-alone park or open-space project.(b)(c) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is a master development project shall be in a total amount that does not exceed two hundred fifty thousand dollars ($250,000) for the entire development project, without regard to the phase.(c)(d) This section only applies to generators that are not responsible for creating the hazardous waste.
25205.5.5. (a) Notwithstanding For purposes of this section, the following definitions apply:(1) Sixty-six percent residential housing means a multifamily housing development project in an infill setting that is surrounded on at least three sides by urbanized uses and of which at least two-thirds of the proposed square footage is dedicated to residential use.(2) Master development project means a project that complies with all of the following criteria:(A) The project is governed by a development agreement.(B) The project explicitly contemplates development in multiple phases.(C) The project requires construction of new infrastructure.(3) Nonprofit project means a development project initiated or sponsored by a nonprofit entity.(4) Open-space project or stand-alone park means a project or park that is developed separately from a commercial or residential project and is not developed in conjunction with a commercial or residential project.(b) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is any of the following shall be in a total amount that does not exceed one hundred thousand dollars ($100,000) for the entire project:(1) Infill housing that is at least 66 percent residential housing.(2) A nonprofit project.(3) A stand-alone park or open-space project.(b)(c) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is a master development project shall be in a total amount that does not exceed two hundred fifty thousand dollars ($250,000) for the entire development project, without regard to the phase.(c)(d) This section only applies to generators that are not responsible for creating the hazardous waste.
25205.5.5. (a) Notwithstanding For purposes of this section, the following definitions apply:(1) Sixty-six percent residential housing means a multifamily housing development project in an infill setting that is surrounded on at least three sides by urbanized uses and of which at least two-thirds of the proposed square footage is dedicated to residential use.(2) Master development project means a project that complies with all of the following criteria:(A) The project is governed by a development agreement.(B) The project explicitly contemplates development in multiple phases.(C) The project requires construction of new infrastructure.(3) Nonprofit project means a development project initiated or sponsored by a nonprofit entity.(4) Open-space project or stand-alone park means a project or park that is developed separately from a commercial or residential project and is not developed in conjunction with a commercial or residential project.(b) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is any of the following shall be in a total amount that does not exceed one hundred thousand dollars ($100,000) for the entire project:(1) Infill housing that is at least 66 percent residential housing.(2) A nonprofit project.(3) A stand-alone park or open-space project.(b)(c) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is a master development project shall be in a total amount that does not exceed two hundred fifty thousand dollars ($250,000) for the entire development project, without regard to the phase.(c)(d) This section only applies to generators that are not responsible for creating the hazardous waste.
25205.5.5. (a) Notwithstanding For purposes of this section, the following definitions apply:
###### 25205.5.5.
(1) Sixty-six percent residential housing means a multifamily housing development project in an infill setting that is surrounded on at least three sides by urbanized uses and of which at least two-thirds of the proposed square footage is dedicated to residential use.
(2) Master development project means a project that complies with all of the following criteria:
(A) The project is governed by a development agreement.
(B) The project explicitly contemplates development in multiple phases.
(C) The project requires construction of new infrastructure.
(3) Nonprofit project means a development project initiated or sponsored by a nonprofit entity.
(4) Open-space project or stand-alone park means a project or park that is developed separately from a commercial or residential project and is not developed in conjunction with a commercial or residential project.
(b) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is any of the following shall be in a total amount that does not exceed one hundred thousand dollars ($100,000) for the entire project:
(1) Infill housing that is at least 66 percent residential housing.
(2) A nonprofit project.
(3) A stand-alone park or open-space project.
(b)
(c) Notwithstanding Section 25205.5, the generation and handling fee imposed upon a generator of hazardous waste that is a master development project shall be in a total amount that does not exceed two hundred fifty thousand dollars ($250,000) for the entire development project, without regard to the phase.
(c)
(d) This section only applies to generators that are not responsible for creating the hazardous waste.