Today's Law As Amended


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AB-762 Hazardous emissions and substances: schoolsites: private and charter schools.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 17212 of the Education Code is amended to read:

17212.
 (a)  (1)  The governing board of a school district, prior to  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.
(2)  The geological and soil engineering studies of the site shall be of such  a nature as that  will preclude siting of a school in any location where the geological and site characteristics are such that the construction effort required to make the school building safe for occupancy is economically unfeasible. No studies are required to be made if the site or sites under consideration have been the subject of adequate prior studies. The evaluation shall also include location of the site with respect to population, transportation, water supply, waste disposal facilities, utilities, traffic hazards, surface drainage conditions, and other factors affecting the operating costs, as well as the initial costs, of the total project.
(b)  For the purposes of this article, a special studies zone is “special studies zone” means  an area which that  is identified as a special studies zone on any map, or maps, compiled by the State Geologist pursuant to Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code.

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:
(1) “Administering agency” means an agency authorized pursuant to Section 25502 of the Health and Safety Code to implement and enforce Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code.
(2) “Extremely hazardous substance” has the same meaning as defined in 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” has the same meaning as defined in Section 25501 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 substances identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.
(7) “Hazardous substance” has the same meaning as defined in Section 25316 of the Health and Safety Code.
(8) “Hazardous waste” has the same meaning as defined in Section 25117 of the Health and Safety Code.
(9) “Hazardous waste disposal site” has the same meaning as “disposal site,” as defined in Section 25114 of the Health and Safety Code.
(b) The governing body of a charter school or the governing board of a private school shall not approve the acquisition or purchase of a schoolsite, or the construction of a new elementary or secondary school, by, or for use by, a charter school or a private school unless all of the following occur:
(1) The city or county determines that the property proposed to be acquired or purchased, or to be constructed 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 city or county 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 carry 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, or other nearby schools.
(2) (A) The governing body or board has notified in writing and consulted with the administering agency in which the proposed schoolsite is located, 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 or 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 emissions or handle hazardous or extremely hazardous substances or waste. The notification by the governing body or board shall include a list of the locations for which information is sought.
(B) Each administering agency, air pollution control district, or air quality management district receiving written notification from a governing body or board to identify facilities pursuant to subparagraph (A) shall provide the requested information and provide a written response to the governing body or board within 30 days of receiving the notification.
(3) The city or county makes one of the following written findings:
(A) Consultation identified no facilities of the type specified in paragraph (2) or other significant pollution sources.
(B) One or more facilities specified in paragraph (2) or other pollution sources 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 proposed school.
(ii) Corrective measures required under an existing order by another agency having 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 city or county makes a finding pursuant to this clause, it shall also make a subsequent finding, before occupancy of the school, that the emissions have been so mitigated.
(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 city or county 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.
(C) One or more facilities specified in paragraph (2) or other pollution sources exist, but conditions in clause (i), (ii), or (iii) of subparagraph (B) cannot be met, and the charter school or private school is unable to locate an alternative site that is suitable due to a severe shortage of sites that meet the requirements in this section.

SEC. 5.SEC. 3.

 Section 17251 of the Education Code is amended to read:

17251.
 The department shall:
(a) Upon the request of the governing board of a school district,  district or the governing body of a charter school,  advise the governing board of the school district or the governing body of the charter school  on the acquisition of new schoolsites and, after a review of available plots, give the governing board of the school district or the governing body of the charter school  in writing a list of the recommended locations in the order of their merit, considering especially the matters of educational merit, safety, reduction of traffic hazards, and conformity to the land use element in the general plan of the city, county, or city and county having jurisdiction. The governing board of the school district or the governing body of the charter school  may purchase a site deemed unsuitable for school purposes by the department only after reviewing the report of the department on proposed sites at a public hearing. The department shall charge the school district or charter school  a reasonable fee for each schoolsite reviewed not to exceed the actual administrative costs incurred for that purpose.
(b) Develop standards for use by a school district or charter school  in the selection of schoolsites, in accordance with the objectives set forth in subdivision (a). The department shall investigate complaints of noncompliance with site selection standards, and shall notify the governing board of the school district of the  or the governing body of the charter school of the  results of the investigation. If that notification is received before the acquisition of the site, the governing board of the school district or the governing body of the charter school  shall discuss the findings of the investigation in a public hearing.
(c) Establish standards for use by school districts and charter schools  to ensure that the design and construction of school facilities are educationally appropriate, promote school safety, and provide school districts and charter schools  with flexibility in designing instructional facilities.
(d) Upon the request of the governing board of a school district,  district or the governing body of a charter school,  review plans and specifications for school buildings in the school district.  district or charter school.  The department shall charge the governing board of a school district,  school district or charter school,  for the review of plans and specifications, a reasonable fee not to exceed the actual administrative costs incurred for that purpose.
(e) Upon the request of the governing board of a school district,  district or the governing body of a charter school,  make a survey of the building needs of the school district,  district or charter school,  advise the governing board of the school district or the governing body of the charter school  concerning the building needs, and suggest plans for financing a building program to meet the needs. The department shall charge the school district,  district or charter school,  for the cost of the survey, a reasonable fee not to exceed the actual administrative costs incurred for that purpose.
(f) Provide information relating to the impact or potential impact upon a schoolsite of hazardous substances, solid waste, safety, hazardous air emissions, and other information as the department may deem appropriate.
(g) (1) Develop strategies to assist small school districts with technical assistance relating to school construction and the funding of school facilities. The strategies may include informing the  those small school  districts of how to receive the approval required for school construction, including the requirements of the Division of the State Architect, and how to secure state funding, including from the state bond funds made available pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10).
(2) For purposes of this subdivision, “small school district” means a school district with fewer than 2,501 units of average daily attendance.

SEC. 7.SEC. 4.

 Section 21151.8 of the Public Resources Code is amended to read:

21151.8.
 (a) An  A lead agency shall not certify an  environmental impact report shall not be certified or  or approve  a negative declaration shall not be approved  for a project involving the purchase of a schoolsite or the construction of a new elementary or secondary school by a school district  district, a charter school, or a private school  unless all of the following occur:
(1) The environmental impact report or negative declaration includes information that is needed to determine if the property proposed to be purchased, or to be constructed upon, is any of the following:
(A) The site of a current or former hazardous waste disposal site or solid waste disposal site and, if so, whether 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, or other nearby schools.
(D) A site that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor.
(2) (A) The school district, as the lead agency, lead agency  in preparing the environmental impact report or negative declaration has notified in writing and 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  or other  busy traffic corridors, large agricultural operations, and railyards, within one-fourth of a one  mile of the proposed schoolsite, that might reasonably be anticipated to emit hazardous emissions or handle hazardous or extremely hazardous substances or waste. The notification by the school district, as the lead agency, lead agency  shall include a list of the locations for which information is sought.
(B) Each administering agency, air pollution control district, or air quality management district receiving written notification from a lead agency to identify facilities pursuant to subparagraph (A) shall provide the requested information and provide a written response to the lead agency within 30 days of receiving the notification. The environmental impact report or negative declaration shall be conclusively presumed to comply with subparagraph (A) as to the area of responsibility of an agency that does not respond within 30 days.
(C) If the school district, as a lead agency, lead agency  has carried out the consultation required by subparagraph (A), the environmental impact report or the negative declaration shall be conclusively presumed to comply with subparagraph (A), notwithstanding any failure of the consultation to identify an existing facility or other pollution source specified in subparagraph (A).
(3) The governing board of the school district  lead agency  makes one of the following written findings:
(A) Consultation identified no facilities of this type or other 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 proposed school.
(ii) Corrective measures required under an existing order by another agency having 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 lead agency  makes a finding pursuant to this clause, it shall also make a subsequent finding, prior to  before  occupancy of the school, that the emissions have been so mitigated.
(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  lead agency  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.
(C) The facilities or other pollution sources specified in paragraph (2) exist, but conditions in clause (i), (ii), or (iii) of subparagraph (B) cannot be met, and the school district lead agency  is unable to locate an alternative site that is suitable due to a severe shortage of sites that meet the requirements in subdivision (a) of Section 17213 of the Education Code. If the governing board lead agency  makes this finding, the governing board lead agency  shall adopt a statement of overriding considerations pursuant to Section 15093 of Title 14 of the California Code of Regulations.
(b) As used in For purposes of  this section, the following definitions shall  apply:
(1) “Hazardous substance” means any substance defined in Section 25316 “Administering agency” means an agency authorized pursuant to Section 25502  of the Health and Safety Code to implement and enforce Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety  Code.
(2) “Extremely hazardous substances” means an extremely hazardous substance substance,  as defined pursuant to paragraph (2) of subdivision (i) (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.
(3) (4)  “Hazardous waste” means any waste  “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 25117 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.
(4) (5)  “Hazardous waste disposal site” means any site defined in Section 25114 of  “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.
(5) (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 substances identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.
(6) “Administering agency” means an agency authorized pursuant to Section 25502 of the Health and Safety Code to implement and enforce Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code.
(7) “Handle” means handle as defined in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of  “Hazardous substance” means a substance defined in Section 25316 of  the Health and Safety Code.
(8) “Facilities” means any 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 California Air Resources Board. “Hazardous waste” means a waste defined in Section 25117 of the Health and Safety Code. 
(9) “Freeway or other busy traffic corridors” means those roadways that, on an average day, have traffic in excess of 50,000 vehicles in a rural area, as  “Hazardous waste disposal site” means a site  defined in Section 50101 25114  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.
SEC. 5.
 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.
However, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.