Bill Text: CA AB762 | 2021-2022 | Regular Session | Amended
Bill Title: Hazardous emissions and substances: schoolsites: private and charter schools.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2021-08-26 - In committee: Held under submission. [AB762 Detail]
Download: California-2021-AB762-Amended.html
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Amended
IN
Senate
June 29, 2021 |
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Amended
IN
Senate
June 14, 2021 |
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Amended
IN
Assembly
May 04, 2021 |
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Amended
IN
Assembly
March 30, 2021 |
| Introduced by Assembly Members Lee and Cristina Garcia (Coauthors: Assembly Members (Coauthors: Senators Gonzalez and Wieckowski) |
February 16, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 17212 of the Education Code is amended to read:17212.
(a) (1) The governing board of a school district, or the governing body of a charter school, before acquiring any site on which it proposes to construct any school building as defined in Section 17283 shall have the site, or sites, under consideration investigated by competent personnel to ensure that the final site selection is determined by an evaluation of all factors affecting the public interest and is not limited to selection on the basis of raw land cost only. If the prospective schoolsite is located within the boundaries of any special studies zone or within an area designated as geologically hazardous in the safety element of the local general plan as provided in subdivision (g) of Section 65302 of the Government Code, the investigation shall include any geological and soil engineering studies by competent personnel needed to provide an assessment of the nature of the site and potential for earthquake or other geologic hazard damage.(a)The governing board of a school district or the governing body of a charter school shall not approve a project involving the acquisition of a schoolsite by a school district or charter school, unless all of the following occur:
(1)The lead agency, as defined in Section 21067 of the Public Resources Code, determines that the property purchased or to be built upon is not any of the following:
(A)The site of a current or former hazardous waste disposal site or solid waste disposal site, unless, if the site was a former solid waste disposal site, the governing board of the school district or
the governing body of a charter school concludes that the wastes have been removed.
(B)A hazardous substance release site identified by the Department of Toxic Substances Control in a current list adopted pursuant to Section 25356 of the Health and Safety Code for removal or remedial action pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code.
(C)A site that contains one or more pipelines, situated underground or aboveground, that carries hazardous substances, extremely hazardous substances, or hazardous wastes, unless the pipeline is a natural gas line that is used only to supply natural gas to that school or neighborhood.
(2)The lead agency, as defined in Section 21067
of the Public Resources Code, in preparing the environmental impact report or negative declaration has consulted with the administering agency in which the proposed schoolsite is located, pursuant to Section 2735.3 of Title 19 of the California Code of Regulations, and with any air pollution control district or air quality management district having jurisdiction in the area, to identify both permitted and nonpermitted facilities within that district’s authority, including, but not limited to, freeways and other busy traffic corridors, large agricultural operations, and railyards, within one-fourth of one mile of the proposed schoolsite, that might reasonably be anticipated to emit hazardous air emissions, or to handle hazardous or extremely hazardous materials, substances, or waste. The lead agency shall include a list of the locations for which information is sought.
(3)The governing board of the school district or the governing body of a charter school makes one of the following written findings:
(A)Consultation identified none of the facilities or significant pollution sources specified in paragraph (2).
(B)The facilities or other pollution sources specified in paragraph (2) exist, but one of the following conditions applies:
(i)The health risks from the facilities or other pollution sources do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the school.
(ii)The governing board
of a school district or the governing body of a charter school finds that corrective measures required under an existing order by another governmental entity that has jurisdiction over the facilities or other pollution sources will, before the school is occupied, result in the mitigation of all chronic or accidental hazardous air emissions to levels that do not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school. If the governing board of a school district or the governing body of a charter school makes this finding, the governing board of a school district or governing body of a charter school shall also make a subsequent finding, before occupancy of the school, that the emissions have been mitigated to these levels.
(iii)For a schoolsite with a boundary that is
within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor, the governing board of the school district or the governing body of a charter school determines, through analysis pursuant to paragraph (2) of subdivision (b) of Section 44360 of the Health and Safety Code, based on appropriate air dispersion modeling, and after considering any potential mitigation measures, that the air quality at the proposed site is such that neither short-term nor long-term exposure poses significant health risks to pupils.
(iv)The governing board of a school district or the governing body of a charter school finds that the conditions set forth in clause (ii) or (iii) cannot be met, and the school district or charter school is unable to locate an alternative site that is suitable due to a severe shortage of sites that
meet the requirements in subdivision (a). If the governing board of a school district or the governing body of a charter school makes this finding, the governing board of a school district or the governing body of a charter school shall adopt a statement of overriding considerations pursuant to Section 15093 of Title 14 of the California Code of Regulations.
(b)For purposes of this section, the following definitions apply:
(1)“Administering agency” means an agency designated pursuant to Section 25502 of the Health and Safety Code.
(2)“Extremely hazardous substance” means a material defined pursuant to paragraph (2) of subdivision (j) of Section 25532 of the Health and Safety Code.
(3)“Facilities” means a source with a potential to use, generate, emit, or discharge hazardous air pollutants, including, but not limited to, pollutants that meet the definition of a hazardous substance, and whose process or operation is identified as an emission source pursuant to the most recent list of source categories published by the State Air Resources Board.
(4)“Freeway or other busy traffic corridor” means those roadways that, on an average day, have traffic in excess of 50,000 vehicles in a rural area, as defined in Section 50101 of the Health and Safety Code, and 100,000 vehicles in an urban area, as defined in Section 50104.7 of the Health and Safety Code.
(5)“Handle” means handle as defined in Article 1 (commencing with Section 25500) of Chapter 6.95 of
Division 20 of the Health and Safety Code.
(6)“Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substance identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.
(7)“Hazardous substance” means a substance defined in Section 25316 of the Health and Safety Code.
(8)“Hazardous waste” means a waste defined in Section 25117 of the Health
and Safety Code.
(9)“Hazardous waste disposal site” means a site defined in Section 25114 of the Health and Safety Code.
As a condition of receiving state funding pursuant to Chapter 12.5 (commencing with Section 17070.10), the governing board of a school district shall comply with subdivision (a), and is not required to comply with paragraph (1) of subdivision (a) of Section 17213, before the acquisition of a schoolsite, or if the school district owns or leases a schoolsite, before the construction of a project.
(a)Before acquiring a schoolsite, the governing board shall contract with an environmental assessor to supervise the preparation of, and sign, a Phase I environmental assessment of the proposed schoolsite unless the governing board decides to
proceed directly to a preliminary endangerment assessment, in which case it shall comply with paragraph (4).
(1)The Phase I environmental assessment shall contain one of the following recommendations:
(A)A further investigation of the site is not required.
(B)A preliminary endangerment assessment is needed, including sampling or testing, to determine the following:
(i)If a release of hazardous material has occurred and, if so, the extent of the release.
(ii)If there is the threat of a release of hazardous materials.
(iii)If
a naturally occurring hazardous material is present.
(2)If the Phase I environmental assessment concludes that further investigation of the site is not required, the signed assessment, proof that the environmental assessor meets the qualifications specified in subdivision (b) of Section 17210, and the renewal fee shall be submitted to the Department of Toxic Substances Control. The Department of Toxic Substances Control shall conduct its review and approval, within 30 calendar days of its receipt of that assessment, proof of qualifications, and the renewal fee. In those instances in which the Department of Toxic Substances Control requests additional information after receipt of the Phase I environmental assessment pursuant to paragraph (3), the Department of Toxic Substances Control shall conduct its review and approval within 30
calendar days of its receipt of the requested additional information. If the Department of Toxic Substances Control concurs with the conclusion of the Phase I environmental assessment that a further investigation of the site is not required, the Department of Toxic Substances Control shall approve the Phase I environmental assessment and shall notify, in writing, the State Department of Education and the governing board of the school district of the approval.
(3)If the Department of Toxic Substances Control determines that the Phase I environmental assessment is not complete or disapproves the Phase I environmental assessment, the department shall inform the school district of the decision, the basis for the decision, and actions necessary to secure department approval of the Phase I environmental assessment. The school district shall take
actions necessary to secure the approval of the Phase I environmental assessment, elect to conduct a preliminary endangerment assessment, or elect not to pursue the acquisition or the construction project. To facilitate completion of the Phase I environmental assessment, the information required by this paragraph may be provided by telephonic or electronic means.
(4)(A)If the Department of Toxic Substances Control concludes after its review of a Phase I environmental assessment pursuant to this section that a preliminary endangerment assessment is needed, the Department of Toxic Substances Control shall notify, in writing, the State Department of Education and the governing board of the school district of that decision and the basis for that decision. The school district shall submit to the State Department of
Education the Phase I environmental assessment and requested additional information, if any, that was reviewed by the Department of Toxic Substances Control pursuant to paragraphs (2) and (3). Submittal of the Phase I assessment and additional information, if any, to the State Department of Education shall be before the State Department of Education’s issuance of final site or plan approvals affected by that Phase I assessment.
(B)If the Phase I environmental assessment concludes that a preliminary endangerment assessment is needed, or if the Department of Toxic Substances Control concludes after it reviews a Phase I environmental assessment pursuant to this section that a preliminary endangerment assessment is needed, the school district shall either contract with an environmental assessor to supervise the preparation of, and
sign, a preliminary endangerment assessment of the proposed schoolsite and enter into an agreement with the Department of Toxic Substances Control to oversee the preparation of the preliminary endangerment assessment or elect not to pursue the acquisition or construction project. The agreement entered into with the Department of Toxic Substances Control may be entitled an “Environmental Oversight Agreement” and shall reference this paragraph. A school district may, with the concurrence of the Department of Toxic Substances Control, enter into an agreement with the Department of Toxic Substances Control to oversee the preparation of a preliminary endangerment assessment without first having prepared a Phase I environmental assessment. Upon request from the school district, the Director of the Department of Toxic Substances Control shall exercise its authority to designate a person to enter the site and
inspect and obtain samples pursuant to Section 25358.1 of the Health and Safety Code, if the director determines that the exercise of that authority will assist in expeditiously completing the preliminary endangerment assessment. The preliminary endangerment assessment shall contain one of the following conclusions:
(i)A further investigation of the site is not required.
(ii)A release of hazardous materials has occurred, and if so, the extent of the release, that there is the threat of a release of hazardous materials, or that a naturally occurring hazardous material is present, or any combination thereof.
(5)The school district shall submit the preliminary endangerment assessment to the Department of Toxic Substances Control
for its review and approval and to the State Department of Education for its files. The school district may entitle a document that is meant to fulfill the requirements of a preliminary endangerment assessment a “preliminary environmental assessment” and that document shall be deemed to be a preliminary endangerment assessment if it specifically refers to the statutory provisions whose requirements it intends to meet and the document meets the requirements of a preliminary endangerment assessment.
(6)At the same time a school district submits a preliminary endangerment assessment to the Department of Toxic Substances
Control pursuant to paragraph (5), the school district shall publish a notice that the assessment has been submitted to the department in a local newspaper of general circulation, and shall post the notice in a prominent manner at the proposed schoolsite that is the subject of that notice. The notice shall state the school district’s determination to make the preliminary endangerment assessment available for public review and comment pursuant to subparagraph (A) or (B):
(A)If the school district chooses to make the assessment available for public review and comment pursuant to this subparagraph, it shall offer to receive written comments for a period of at least 30 calendar days after the assessment is submitted to the Department of Toxic Substances Control, commencing on the date the notice is originally published, and shall
hold a public hearing to receive further comments. The school district shall make all of the following documents available to the public upon request through the time of the public hearing:
(i)The preliminary endangerment assessment.
(ii)The changes requested by the Department of Toxic Substances Control for the preliminary endangerment assessment, if any.
(iii)Any correspondence between the school district and the Department of Toxic Substances Control that relates to the preliminary endangerment assessment.
For purposes of this subparagraph, the notice of the public hearing shall include
the date and location of the public hearing, and the location where the public may review the documents described in clauses (i) to (iii), inclusive. If the preliminary endangerment assessment is revised or altered following the public hearing, the school district shall make those revisions or alterations available to the public. The school district shall transmit a copy of all public comments received by the school district on the preliminary endangerment assessment to the Department of Toxic Substances Control. The Department of Toxic Substances Control shall complete its review of the preliminary endangerment assessment and public comments received on the assessment, and shall either approve or disapprove the assessment
within 30 calendar days of the close of the public review period. If the Department of Toxic Substances Control determines that it is likely to disapprove the assessment before its receipt of the public comments, it shall inform the school district of that determination and of any action that the school district is required to take for the Department of Toxic Substances Control to approve the assessment.
(B)If the school district chooses to make the preliminary endangerment assessment available for public review and comment pursuant to this subparagraph, the Department of Toxic Substances Control shall complete its review of the assessment within 60 calendar days of receipt of the assessment and shall either return the assessment to the school district with comments and requested modifications or requested further
assessment, or concur with the adequacy of the assessment pending review of public comment. If the Department of Toxic Substances Control concurs with the adequacy of the assessment, and the school district proposes to proceed with site acquisition or a construction project, the school district shall make the assessment available to the public on the same basis and at the same time it makes available the draft environmental impact report or negative declaration pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the site, unless the document developed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) will not be made available until more than 90 days after the assessment is approved, in which case the
school district shall, within 60 days of the approval of the assessment, separately publish a notice of the availability of the assessment for public review in a local newspaper of general circulation. The school district shall hold a public hearing on the preliminary endangerment assessment and the draft environmental impact report or negative declaration at the same time, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). All public comments pertaining to the preliminary endangerment assessment shall be forwarded to the Department of Toxic Substances Control immediately. The Department of Toxic Substances Control shall review the public comments forwarded by the school district and shall approve or disapprove the preliminary endangerment assessment within 30 days of the district’s approval action of the
environmental impact report or the negative declaration.
(7)The school district shall comply with the public participation requirements of Sections 25358.7 and 25358.7.1 of the Health and Safety Code and other applicable provisions of the state act with respect to those response actions only if further response actions beyond a preliminary endangerment assessment are required and the district determines that it will proceed with the acquisition or construction project.
(8)If the Department of Toxic Substances Control disapproves the preliminary endangerment assessment, it shall inform the district of the decision, the basis for the decision, and actions necessary to secure the Department of Toxic Substances Control approval of the assessment. The school district shall take actions necessary
to secure the approval of the Department of Toxic Substances Control of the preliminary endangerment assessment or elect not to pursue the acquisition or construction project.
(9)If the preliminary endangerment assessment determines that a further investigation of the site is not required and the Department of Toxic Substances Control approves this determination, it shall notify the State Department of Education and the school district of its approval. The school district may then proceed with the acquisition or construction project.
(10)If the preliminary endangerment assessment determines that a release of hazardous material has occurred, that there is the threat of a release of hazardous materials, that a naturally occurring hazardous material is present, or any combination
thereof, that requires further investigation, and the Department of Toxic Substances Control approves this determination, the school district may elect not to pursue the acquisition or construction project. If the school district elects to pursue the acquisition or construction project, it shall do all of the following:
(A)Prepare a financial analysis that estimates the cost of response action that will be required at the proposed schoolsite.
(B)Assess the benefits that accrue from using the proposed schoolsite when compared to the use of alternative schoolsites, if any.
(C)Obtain the approval of the State Department of Education that the proposed schoolsite meets the schoolsite selection standards adopted
by the State Department of Education pursuant to subdivision (b) of Section 17251.
(D)Evaluate the suitability of the proposed schoolsite in light of the recommended alternative schoolsite locations in order of merit if the school district has requested the assistance of the State Department of Education, based upon the standards of the State Department of Education, pursuant to subdivision (a) of Section 17251.
(11)The school district shall reimburse the Department of Toxic Substances Control for all of the department’s response costs.
(b)The costs incurred by the school districts when complying with this section are allowable costs for purposes of an applicant under Chapter 12.5 (commencing with Section 17070.10) of Part 10
and may be reimbursed in accordance with Section 17072.13.
(c)A school district that releases a Phase I environmental assessment, a preliminary endangerment assessment, or information concerning either of these assessments, any of which is required by this section, shall not be held liable in any action filed against the school district for making either of these assessments available for public review.
(d)The changes made to this section by Chapter 865 of the Statutes of 2001 do not apply to a schoolsite acquisition project or a school construction project, if either of the following occurred on or before
October 14, 2001:
(1)The final preliminary endangerment assessment for the project was approved by the Department of Toxic Substances Control pursuant to this section, as this section read on the date of the approval.
(2)The school district seeking state funding for the project completed a public hearing for the project pursuant to this section, as this section read on the date of the hearing.
SEC. 4.SEC. 2.
Article 3 (commencing with Section 17235) is added to Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code,
to read:Article 3. Charter School and Private School Schoolsites
17235.
(a) For purposes of this section, the following definitions apply:SEC. 5.SEC. 3.
Section 17251 of the Education Code is amended to read:17251.
The department shall:(a)The governing board of a school district that elects not to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) shall not approve a project for the construction of a new school building, as defined in Section 17283, unless the project and its lead agency comply with the same requirements specified in paragraph (1) of subdivision (a) of Section 17213 for schoolsite acquisition.
(b)As a condition to receiving state funds pursuant to Chapter 12.5
(commencing with Section 17070.10), the governing board of a school district shall not approve a project for the construction of a new school building or schoolsite on leased or acquired land unless the project and the school district comply with the requirements specified in Sections 17213.1 and 17213.2.
(c)The project shall not be subject to subdivision (b) for a minor addition to a school if the project is eligible for a categorical or statutory exemption under guidelines issued pursuant to Section 21083 of the Public Resources Code, as set forth in the California Environmental Quality Act.
(d)“School
building,” as used in this section, means any building designed and constructed to be used for elementary or secondary school purposes by a school district.
(e)The requirements of Sections 17213, 17213.1, and 17213.2 shall not apply to a schoolsite if the acquisition occurred before January 1, 2000, to the extent a school district is subject to the requirements set forth in those sections pursuant to a judicial order or an order issued by, or an agreement with, the Department of Toxic Substances Control regarding that site, and the school district is in full compliance with that order or agreement.
(f)For purposes of this section, the acceptance of construction bids shall constitute approval of the project.
SEC. 7.SEC. 4.
Section 21151.8 of the Public Resources Code is amended to read:21151.8.
(a)Not less than 25 percent of projects funded by the SRVEVR Program or SNPFA Program shall be in underserved communities. The SRVEVR Program and SNPFA Program shall prioritize underserved communities by ensuring that all schools that are in an underserved community are offered the opportunity to apply for and receive grants before those schools that are not in an underserved community. Additionally, the SRVEVR Program shall prioritize schools with a boundary that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor or within 1,000 feet of a facility holding a permit pursuant to Title V of the Clean Air Act (42 U.S.C. Section 7661 et seq.). For the purposes of this section, “freeway or other busy traffic corridors”
has the same meaning as defined in paragraph (4) of subdivision (b) of Section 17213 of the Education Code.
