SB 328: Hazardous waste generation and handling fees: Department of Toxic Substances Control oversight responses: housing development projects.

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 for a housing development project seeking oversight of investigation, characterization, and remediation activities, or for a request from a housing development project for a postentitlement phase permit that a local agency deemed complete that requires a response from the department, activities, 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, the department to provide the written notice within 60 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 120 business days of receiving the request. The bill would make these provisions operative on July 1, 2028.

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. 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 bill would require generators to apply to the department and certify their eligibility for these fee limitations to the Department of Toxic Substances Control.