California § 25395.94. 25395.94. (Amended by Stats. 2022, Ch. 258, Sec. 85.)

California Statutes

§ 25395.94. — 25395.94. (Amended by Stats. 2022, Ch. 258, Sec. 85.)

California § 25395.94.

JurisdictionCalifornia

Code HSCHealth and Safety Code - HSC

Div. 20.DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS

Ch. 6.82.CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004

Art. 6.ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements

This text of California § 25395.94. (25395.94. (Amended by Stats. 2022, Ch. 258, Sec. 85.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Health and Safety Code - HSC Code § 25395.94. (2026).

Text

(a)

(1)A person who enters into an agreement pursuant to this article with an agency for the oversight of a site assessment shall submit a site assessment plan to the agency to conduct a site assessment of the site in accordance with the requirements of this section.

(2)If the agency requires a health risk assessment as part of that agreement, the health assessment shall be prepared in accordance with Sections 79265, 79270, and subdivision (a) of Section 79275.

(b)The site assessment plan shall provide for the evaluation of all of the following:

(1)Whether a release of hazardous materials has occurred at the site, a threat of a release of hazardous materials exists at the site, or there is a threat of a release of hazardous materials from the site.

(2)If a release or threatened

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(a)
(1)
A person who enters into an agreement pursuant to this article with an agency for the oversight of a site assessment shall submit a site assessment plan to the agency to conduct a site assessment of the site in accordance with the requirements of this section.
(2)
If the agency requires a health risk assessment as part of that agreement, the health assessment shall be prepared in accordance with Sections 79265, 79270, and subdivision (a) of Section 79275.
(b)
The site assessment plan shall provide for the evaluation of all of the following:
(1)
Whether a release of
hazardous materials has occurred at the site, a threat of a release of hazardous materials exists at the site, or there is a threat of a release of hazardous materials from the site.
(2)
If a release or threatened release of hazardous materials exists at the site or there is a release or a threatened release from the site, whether the release or threatened release poses an unreasonable risk to public health and safety or the environment.
(c)
The site assessment plan shall also include all of the following:
(1)
Adequate characterization of the hazardous materials released or threatened to be released at, or from, the site and documentation of the findings.
(2)
Reasonably available information about the site, including, where appropriate, a risk
assessment that evaluates the risk posed by any hazardous materials released or threatened to be released at, or from, the site, and information regarding reasonably anticipated foreseeable uses of the site based on current and projected land use and zoning designations.
(3)
If the release has impacted groundwater, reasonable characterization of underlying groundwater, including present and anticipated beneficial uses of that water.
(d)
A person shall submit the site assessment plan to the agency for review and approval.
(e)
The agency shall evaluate the adequacy of the site assessment plan to ensure that it contains all necessary information.
(f)
After evaluating the site assessment plan, if the agency finds that the site assessment plan is adequate,
the agency shall approve the site assessment plan and provide notification to appropriate persons, including notification of any public water system that relies on impacted groundwater for public drinking water purposes.

Legislative History

Amended by Stats. 2022, Ch. 258, Sec. 85. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.