BILL NUMBER: SB 352 CHAPTERED
BILL TEXT
CHAPTER 668
FILED WITH SECRETARY OF STATE OCTOBER 3, 2003
APPROVED BY GOVERNOR OCTOBER 2, 2003
PASSED THE SENATE SEPTEMBER 11, 2003
PASSED THE ASSEMBLY SEPTEMBER 8, 2003
AMENDED IN ASSEMBLY SEPTEMBER 4, 2003
AMENDED IN ASSEMBLY AUGUST 18, 2003
AMENDED IN ASSEMBLY JULY 16, 2003
AMENDED IN SENATE JUNE 3, 2003
AMENDED IN SENATE MAY 19, 2003
AMENDED IN SENATE MAY 8, 2003
AMENDED IN SENATE MARCH 24, 2003
INTRODUCED BY Senator Escutia
FEBRUARY 19, 2003
An act to amend Section 17213 of the Education Code, and to amend
Section 21151.8 of the Public Resources Code, relating to public
schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 352, Escutia. Schoolsites: sources of pollution.
Existing law sets forth various requirements regarding the siting,
structural integrity, safety, and fitness-for-occupancy of school
buildings, including, but not limited to, a prohibition of the
approval by the governing board of a school district of the
acquisition of a schoolsite by a school district, unless prescribed
conditions relating to possible exposure to hazardous substances are
satisfied, and a prohibition on the approval of a related
environmental impact report or negative declaration.
This bill would, in addition, prohibit the approval by the
governing board of a school district of a schoolsite that is within
500 feet from the edge of the closest traffic lane of a freeway or
other busy traffic corridor, unless prescribed conditions are met and
would make conforming and other technical, nonsubstantive changes.
Existing law requires the lead agency to consult with prescribed
agencies to identify facilities that might reasonably be anticipated
to emit hazardous materials, within 1/4 of a mile of the schoolsite.
This bill would define "facility" for this purpose and would
require the lead agency to consult to identify freeways and other
busy traffic corridors, as defined, large agricultural operations,
and railyards, within 1/4 of a mile of the schoolsite, and would make
conforming and other technical, nonsubstantive changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Many studies have shown significantly increased levels of
pollutants, particularly diesel particulates, in close proximity to
freeways and other major diesel sources. A recent study of Los
Angeles area freeways measured diesel particulate levels up to 25
times higher near freeways than those levels elsewhere. Much of the
pollution from freeways is associated with acute health effects,
exacerbating asthma and negatively impacting the ability of children
to learn.
(b) Cars and trucks release at least forty different toxic air
contaminants, including, but not limited to, diesel particulate,
benzene, formaldehyde, 1,3-butadiene and acetaldehyde. Levels of
these pollutants are generally concentrated within 500 feet of
freeways and very busy roadways.
(c) Current state law governing the siting of schools does not
specify whether busy freeways should be included in environmental
impact reports of nearby "facilities." Over 150 schools are already
estimated to be within 500 feet of extremely high traffic roadways.
(d) A disproportionate number of economically disadvantaged pupils
may be attending schools that are close to busy roads, putting them
at an increased risk of developing bronchitis from elevated levels of
several pollutants associated with traffic. Many studies have
confirmed that increased wheezing and bronchitis occurs among
children living in high traffic areas.
(e) It is therefore the intent of the Legislature to protect
school children from the health risks posed by pollution from heavy
freeway traffic and other nonstationary sources in the same way that
they are protected from industrial pollution.
SEC. 2. Section 17213 of the Education Code is amended to read:
17213. The governing board of a school district may not approve a
project involving the acquisition of a schoolsite by a school
district, unless all of the following occur:
(a) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, determines that the property
purchased or to be built upon is not any of the following:
(1) 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 governing board of the school district
concludes that the wastes have been removed.
(2) 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.
(3) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
acutely hazardous materials, or hazardous wastes, unless the pipeline
is a natural gas line that is used only to supply natural gas to
that school or neighborhood.
(b) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, in preparing the environmental
impact report or negative declaration has 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
other busy traffic corridors, large agricultural operations, and
railyards, within one-fourth of a mile of the proposed schoolsite,
that might reasonably be anticipated to emit hazardous air emissions,
or to handle hazardous or acutely hazardous materials, substances,
or waste. The school district, as the lead agency, shall include a
list of the locations for which information is sought.
(c) The governing board of the school district makes one of the
following written findings:
(1) Consultation identified none of the facilities or significant
pollution sources specified in subdivision (b).
(2) The facilities or other pollution sources specified in
subdivision (b) exist, but one of the following conditions applies:
(A) 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 school.
(B) The governing board finds that corrective measures required
under an existing order by another governmental entity that has
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 makes this finding, the governing board shall
also make a subsequent finding, prior to the occupancy of the school,
that the emissions have been mitigated to these levels.
(C) 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
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.
(D) The governing board finds that neither of the conditions set
forth in subparagraph (B) or (C) can be met, and the school district
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. If the governing board makes this finding, the
governing board shall adopt a statement of Overriding Considerations
pursuant to Section 15093 of Title 14 of the California Code of
Regulations.
(d) As used in this section:
(1) "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
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(2) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(3) "Acutely hazardous material" means any material defined
pursuant to subdivision (a) of Section 25532 of the Health and Safety
Code.
(4) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(5) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(6) "Administering agency" means any agency designated pursuant to
Section 25502 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 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.
(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 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.
SEC. 3. Section 21151.8 of the Public Resources Code is amended to
read:
21151.8. (a) An environmental impact report or negative
declaration may not be approved for any project involving the
purchase of a schoolsite or the construction of a new elementary or
secondary school by a school district 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,
acutely hazardous materials, 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) The school district, as the 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 busy traffic corridors, large agricultural
operations, and railyards, within one-fourth of a mile of the
proposed schoolsite, that might reasonably be anticipated to emit
hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste. The notification by the school
district, as the lead agency, shall include a list of the locations
for which information is sought.
(3) The governing board of the school district 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 makes a finding pursuant to
this clause, it shall also make a subsequent finding, prior to
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
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 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 makes this
finding, the governing board shall adopt a statement of Overriding
Considerations pursuant to Section 15093 of Title 14 of the
California Code of Regulations.
(4) Each administering agency, air pollution control district, or
air quality management district receiving written notification from a
lead agency to identify facilities pursuant to paragraph (2) 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 this section as to the area of
responsibility of any agency that does not respond within 30 days.
(b) If a school district, as a lead agency, has carried out the
consultation required by paragraph (2) of subdivision (a), the
environmental impact report or the negative declaration shall be
conclusively presumed to comply with this section, notwithstanding
any failure of the consultation to identify an existing facility or
other pollution source specified in paragraph (2) of subdivision (a).
(c) As used in this section and Section 21151.4, the following
definitions shall apply:
(1) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(2) "Acutely hazardous material" means any material defined
pursuant to subdivision (a) of Section 25532 of the Health and Safety
Code.
(3) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(4) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(5) "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 designated pursuant to
Section 25502 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 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.
(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 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.