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AB-2907 California Environmental Protection Agency: Department of Toxic Substances Control: brownfields: report.(2019-2020)

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Date Published: 04/29/2020 09:00 PM
AB2907:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2907


Introduced by Assembly Member Gipson

February 21, 2020


An act to amend Section 65003 of the Government Code, relating to land use. 25395.119 of the Health and Safety Code, relating to hazardous materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 2907, as amended, Gipson. Planning and development. California Environmental Protection Agency: Department of Toxic Substances Control: brownfields: report.
Existing law requires the Department of Toxic Substances Control to, on or before January 1, 2006, revise and upgrade the department’s database systems, as specified, and to install improvements to the database systems to maintain and display information that includes the number of brownfield sites, each brownfield site’s location, acreage, response action, site assessments, and the number of orphan sites where the department is overseeing the response action. Existing law establishes in the government the California Environmental Protection Agency under the supervision of an officer known as the Secretary for Environmental Protection. Existing law requires the secretary to designate a brownfields ombudsperson whose responsibilities include, but are not limited to, assisting in the coordination of the brownfields activities of each office, board, and department within the California Environmental Protection Agency.
This bill would require, by December 31, 2021, the California Environmental Protection Agency to complete a programmatic review of the department’s existing grant and loan programs for brownfields and a comprehensive review of brownfields in the state that includes various information, as prescribed. The bill would require the agency to prepare and submit to the Legislature a report on the review by no later than February 1, 2021.

Existing law, the Planning and Zoning Law, which is administered by the Director of State Planning and Research, requires a local planning agency to prepare, and a local legislative body to adopt, a long-term general plan that includes prescribed elements. Existing prescribes the definition of “right-of-way” for these purposes.

This bill would make nonsubstantive changes in the definition of “right-of-way,” as described above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25395.119 of the Health and Safety Code is amended to read:

25395.119.
 (a) Using existing resources or when funds become available, the Secretary for Environmental Protection shall designate a brownfields ombudsperson whose responsibilities shall include, but are not limited to, all of the following:
(1) Assisting in the coordination of the brownfields activities of each office, board, and department within the California Environmental Protection Agency.
(2) Advocating and expanding the relationship between the California Environmental Protection Agency and local, state, and federal governmental entities’ efforts pertaining to brownfields.
(3) Serving as the California Environmental Protection Agency’s representative on committees, working groups, and other organizations pertaining to brownfields.
(4) Providing assistance in investigating complaints from the public, and helping to resolve and coordinate the resolution of those complaints relating to the brownfields activities of each office, board, and department within the California Environmental Protection Agency.
(5) Facilitating and advocating that the issue of environmental justice for communities most impacted, including low-income and racial minority populations, is considered in brownfields activities of each office, board, and department within the California Environmental Protection Agency.
(b) The brownfield ombudsperson is not authorized to make or reverse a decision of an office, board, or department within the California Environmental Protection Agency.
(c) The California Environmental Protection Agency shall, by December 31, 2021, complete a programmatic review of the department’s existing grant and loan programs for brownfields and a comprehensive review of brownfields in the state that includes all of the following:
(1) A directory of all sites currently identified as brownfield sites.
(2) The most common health impacts and risks posed by brownfields to the communities in which they are located.
(3) The effectiveness of current programs geared at site mitigation and restoration.
(4) The total anticipated cost for cleanup of all existing brownfield sites.
(5) The economic impacts of brownfield remediation on existing communities.
(6) The average cost of remediation for existing brownfield sites.
(d) The California Environmental Protection Agency shall prepare and submit to the Legislature a report on the review required pursuant to subdivision (c) by no later than February 1, 2021.
(1) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2025.

SECTION 1.Section 65003 of the Government Code is amended to read:
65003.

“Right-of-way” means a public or private right-of-way and includes an area required for public use pursuant to a general plan or specific plan.