AB 1045: Hazardous materials: public notices.

Existing law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department to, among other things, issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws.

The Carpenter-Presley-Tanner Hazardous Substance Account Act establishes a program authorizing certain responses to releases of hazardous substances, including spills and hazardous waste disposal sites that pose a threat to the public health or the environment, and imposes liability for hazardous substance removal or remedial actions.

Existing law requires the department, a local agency, or a regional board, as applicable, to publish specified public notices in a newspaper of general circulation, as described, in connection with various proceedings governed by the hazardous waste control laws and the laws governing hazardous substances, including, among other notices, a notice of intent to file an application for a land use decision for a specified hazardous waste facility project, notice regarding a proposed agreement for a hazardous waste easement, covenant, restriction, or servitude, as described, upon the present and future uses of land, notice regarding public hearings on a proposed hazardous waste management plan, and specified notices regarding removal or remedial actions with respect to hazardous substances.

This bill would authorize require the department, a local agency, or regional board, as applicable, in lieu of addition to publishing a notice in a newspaper of general circulation, as specified, to use any other reasonable means to publicize the notices, including, but not limited to, the online versions of newspapers, community bulletin boards, civic engagement platforms, app-based platforms, or other digital platforms, if the department, local agency, or regional board determines, based on research about the affected community, as described, a baseline community survey, or interviews with affected community members, that the targeted community receives information primarily through other means. By imposing a higher level of service on local agencies, the bill would impose a state-mandated local program.