Local Agency Oversight for Site Cleanup (AB 304)

Assembly Bill No. 304 (Stats. 2021, ch. 698) amended the Health and Safety Code (HSC) to establish new requirements for local agencies using their health officer authority to enter into remedial action agreements (RAAs). On and after January 1, 2022, city or county environmental health agencies will need to meet enhanced notification and electronic recordkeeping requirements when entering into RAAs with responsible parties. The updated notification criteria require additional documentation about staff qualifications and agency capabilities when overseeing cleanup activities at non-petroleum hazardous waste release sites. Consistent with existing requirements, the local agencies should inform the appropriate Regional Water Quality Control Board and regional Department of Toxic Substances Control (DTSC) office of a local agency’s intent to enter into a RAA.

The amended statutes also expand oversight eligibility to local agencies for sites funded through the State Water Resources Control Board’s Site Cleanup Subaccount Program (SCAP). SCAP grants support cleanup on underfunded, high-priority sites, such as abandoned sites or sites with insolvent RPs. Access to SCAP funding helps local agencies address cleanup of high-risk non-petroleum hazardous waste sites in vulnerable communities.