(1) Whenever a release of waste occurs and remedial action is required, existing law authorizes a responsible party, as defined, to request that a local officer supervise the remedial action. Existing law authorizes a local officer to agree to supervise the remedial action if the local officer determines that certain conditions have been met. Existing law requires that remedial action to be carried out only pursuant to a remedial action agreement, which includes specified elements, entered into by the local officer and the responsible party, and authorizes the local officer to withdraw from the agreement, after giving the responsible party adequate notice, at any time after making specified findings. Existing law requires a local officer to provide written notification that includes specified information to the Department of Toxic Substances Control and the appropriate regional water quality control board at least 10 working days before entering into a remedial action agreement with a responsible party. Existing law authorizes a local officer to provide a responsible party with a letter or other document that describes the release of waste that occurred and the remedial action taken and certifies that the cleanup goals embodied in the remedial action agreement were accomplished. Existing law exempts from these requirements specified categories of sites, including, but not limited to, sites that are subject to a corrective action order.
This bill would authorize a responsible party to request the local officer to oversee a remedial investigation, as defined, or a remedial action, as defined, or both, only if the release of waste is not being overseen by the department or a regional water quality control board. The bill would authorize the local officer to agree to oversee the remedial investigation or remedial action, or both, only if the local officer determines that the same conditions referenced above have been met, the local officer has submitted specified information to the department and the regional water quality control board within the past 12 months, and the local officer has complied with specified notification requirements. The bill would revise the requirements for a remedial action agreement, as defined, and would impose other requirements relating to recordkeeping and public notification, as provided. The bill would require the local officer to provide notice to the department and the regional water quality control board of the local officer's intention to enter into a remedial action agreement with a responsible party. The bill would require the department or the regional water quality control board, within 30 days of receiving that notice, to inform the local officer in writing if the department or the regional water quality control board will retain oversight authority for the release of waste. The bill would require, instead of authorize, a local officer to provide the responsible party with a document that makes the same descriptions and certifications described above. By imposing new duties on local officers, the bill would impose a state-mandated local program. The bill would also exempt sites subject to a corrective action agreement from these requirements, and make a corresponding and a technical change to the provisions exempting specified categories of sites from these requirements.
(2) Existing law establishes the Underground Storage Tank Cleanup Fund and authorizes the State Water Resources Control Board to expend moneys in the fund for certain purposes, including for transfer to the Site Cleanup Subaccount, as provided. Existing law authorizes the state board to expend funds in the subaccount, upon appropriation by the Legislature, for certain purposes, including to issue grants for specified costs relating to surface or groundwater contamination at a location if the state board, the department, a regional water quality control board, or a local agency requires the responsible parties to undertake or contract for investigation or cleanup at the location pursuant to an oral or written order, directive, notification, or approval issued pursuant to specified laws, and if the responsible parties lack sufficient financial resources to pay for the required response actions, as provided.
This bill would additionally authorize the state board to expend moneys in the subaccount for those grants if a local officer, as defined, or a unified program agency, as defined, requires the responsible parties to undertake or contract for those same actions pursuant to an oral or written order, directive, notification, or approval issued pursuant to additional specified laws.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB304: 25299.50.6 HSC, 101480 HSC, 101485 HSC, 101487 HSC
01/25/21 - Introduced: 25299.50.6 HSC, 101480 HSC, 101485 HSC, 101487 HSC
03/23/21 - Amended Assembly: 25299.50.6 HSC, 101480 HSC, 101485 HSC, 101487 HSC
05/28/21 - Amended Senate: 25299.50.6 HSC, 101480 HSC, 101483 HSC, 101485 HSC, 101487 HSC
06/30/21 - Amended Senate: 25299.50.6 HSC, 101480 HSC, 101483 HSC, 101485 HSC, 101487 HSC
08/31/21 - Amended Senate: 25299.50.6 HSC, 101480 HSC, 101483 HSC, 101485 HSC, 101487 HSC
09/13/21 - Enrolled: 25299.50.6 HSC, 101480 HSC, 101483 HSC, 101485 HSC, 101487 HSC
10/08/21 - Chaptered: 25299.50.6 HSC, 101480 HSC, 101483 HSC, 101485 HSC, 101487 HSC
AB 304: 25299.50.6 HSC, 101480 HSC, 101485 HSC, 101487 HSC