SB883 - Hazardous materials: reactive chemicals: methyl methacrylate: facilities.

Amended IN Assembly August 27, 2026 Amended IN Assembly August 21, 2026 Amended IN Assembly August 13, 2026 Amended IN Assembly July 02, 2026 Amended IN Assembly June 18, 2026 Amended IN Senate March 23, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 883 Introduced by Senator Umberg (Coauthors: Assembly Members Bennett and Connolly) January 13, 2026 An act to amend Section 2782.6 of the Civil Code, to amend Sections 17210 and 17213 of the Education Code, to add Section 65850.21 to the Government Code, and to amend Sections 25404, 25531.2, 25532, 25533, 25543, 25543.1, and 25543.3 25404 and 25532 of, and to add Sections Section 25404.7 and 25531.3 to, the Health and Safety Code, to amend Section 7856 of the Labor Code, and to amend Sections 21151.4 and 21151.8 of the Public Resources Code, relating to hazardous materials. LEGISLATIVE COUNSEL'S DIGEST SB 883, as amended, Umberg. Hazardous materials: reactive chemicals: methyl methacrylate: facilities. (1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law authorizes a state or local agency that has a written agreement with a certified unified program agency, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law requires the certified unified program agency in each jurisdiction, in conjunction with participating agencies, to develop and implement a single, unified inspection and enforcement program to ensure coordinated, efficient, and effective enforcement of the unified program and any local ordinance or regulation pertaining to the handling of hazardous waste or hazardous materials. Existing law requires the secretary to establish a statewide information management system capable of receiving all data collected by the unified program agencies and reported by regulated businesses and to make all nonconfidential data available on the internet. This bill would prohibit a city or county, or city and county, from approving a building permit for a new reactive chemical storage facility, as defined, with the potential for an explosion, including, but not limited to, due to thermal runaway reaction, that may cause injury or death, unless the proposed facility has a backup cooling system or other contingency system approved by the unified program agency and is not adjacent to a home. The bill would require a city council or county board of supervisors, before approving a building permit for that purpose, to provide the public with notice and the opportunity to comment. If a city or county, or city and county, approves a building permit for that purpose, the bill would require the city or county, or city and county, to notify the Office of Emergency Services and the Office of Environmental Health Hazard Assessment. The bill would make the approval of a building permit for certain reactive chemical storage facilities ineligible for a specified exemption from the California Environmental Quality Act. The bill would require a city, county, or city and county to include in the next revision of its emergency operations plan a specific designation for which emergency response department will serve as the lead agency for responding to hazardous materials incidents. By imposing additional requirements on cities and counties, the bill would impose a state-mandated local program. The bill would require the Office of Environmental Health Hazard Assessment to consider reactive chemical storage facilities as a factor in determining pollution burden as part of a specified health screening tool, commonly known as CalEnviroScreen, used to identify identifying disadvantaged communities for various purposes under existing law. This bill would revise the requirement for the secretary to make available on the internet all nonconfidential data collected by the unified program agencies and reported by regulated businesses to specifically authorize the secretary to determine the form and manner of making that data available on the internet. This bill would require the unified program agency in each jurisdiction to routinely conduct an inspection of each reactive chemical storage facility in its jurisdiction no less than once every 3 years. The bill would require the unified program agency to report the results of the inspection to the California Environmental Protection Agency, the Office of the State Fire Marshal, and the Office of Emergency Services. By imposing additional requirements on unified program agencies, the bill would impose a state-mandated local program. (2) Existing law requires the California Environmental Protection Agency to obtain and maintain state delegation of, and to implement, the federal accidental release prevention program, with certain amendments specific to the state. Pursuant to these provisions, a stationary source, as defined, with a process that has a regulated substance present in more than a threshold quantity is required to prepare and submit to the United States Environmental Protection Agency and the unified program agency a risk management plan, unless the unified program agency makes a specified determination to exempt the stationary source from the program. Existing law imposes criminal penalties upon a stationary source that knowingly violates the requirements of the program. This bill would impose on an owner or operator of a business, stationary source, hazardous material, highly hazardous material, regulated substance, process, industry, activity, or technology that produces, processes, or stores hazardous materials in any amount a general duty to identify hazards that may result from releases, to design and maintain a safe facility, and to minimize the consequences of accidental releases that occur. The bill would expand the program’s definition of “regulated substance” to include a hazardous material that the California Environmental Protection Agency determines may pose a significant risk of accidental release, fire, explosion, exposure, or catastrophic incident. The bill would deem methyl methacrylate to pose a significant risk for these purposes. and would require the California Environmental Protection Agency to adopt a state threshold quantity applicable to methyl methacrylate through regulation. By adding new requirements and an additional substances substance to the program, the bill would expand the scope of a crime and impose a state-mandated local program. The bill would provide that a stationary source that stores or uses methyl methacrylate is not eligible for exemption from the program. Because the bill would make changes to provisions enforced by unified program agencies, the bill would impose a state-mandated local program. This bill would authorize the California Environmental Protection Agency to establish and implement accidental release prevention requirements that apply to owners and operators of a business, stationary source, hazardous material, highly hazardous material, regulated substance, process, industry, activity, or technology that the agency determines may pose a significant risk of accidental release, fire, explosion, exposure, or catastrophic incident, as specified. The bill would authorize the secretary to require that information be submitted to the statewide information management system, as specified. This bill would also update cross-references. (3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (4) 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 with regard to certain mandates no reimbursement is required by this act for specified reasons. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 2782.6 of the Civil Code is amended to read: 2782.6. (a) Nothing in subdivision (a) of Section 2782 prevents an agreement to indemnify a professional engineer or geologist or the agents, servants, independent contractors, subsidiaries, or employees of that engineer or geologist from liability as described in Section 2782 in providing hazardous materials identification, evaluation, preliminary assessment, design, remediation services, or other services of the types described in Sections 78125 and 78135 of the Health and Safety Code or the federal National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. Sec. 300.1 et seq.), if all of the following criteria are satisfied: (1) The services in whole or in part address subterranean contamination or other concealed conditions caused by the hazardous materials. (2) The promisor is responsible, or potentially responsible, for all or part of the contamination. (b) The indemnification described in this section is valid only for damages arising from, or related to, subterranean contamination or concealed conditions, and is not applicable to the first two hundred fifty thousand dollars ($250,000) of liability or a greater amount as is agreed to by the parties. (c) This section does not authorize contracts for indemnification, by promisors specified in paragraph (2) of subdivision (a), of any liability of a promisee arising from the gross negligence or willful misconduct of the promisee. (d) “Hazardous materials,” as used in this section, means any hazardous or toxic substance, material, or waste that is or becomes subject to regulation by any agency of the state, any municipality or political subdivision of the state, or the United States. “Hazardous materials” includes, but is not limited to, any material or substance that is any of the following: (1) A hazardous substance, as defined in subdivision (a) of Section 78075 of the Health and Safety Code. (2) Hazardous material, as defined in subdivision (n) of Section 25501 of the Health and Safety Code. (3) A regulated substance, as defined in Section 25532 of the Health and Safety Code. (4) Hazardous waste, as defined in Section 25117 of the Health and Safety Code. (5) Extremely hazardous waste, as defined in Section 25115 of the Health and Safety Code. (6) Petroleum. (7) Asbestos. (8) Designated as a hazardous substance for purposes of Section 311 of the Federal Water Pollution Control Act, as amended (33 U.S.C. Sec. 1321). (9) Hazardous waste, as defined by subsection (5) of Section 1004 of the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6903). (10) A hazardous substance, as defined by subsection (14) of Section 101 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601). (11) A regulated substance, as defined by subsection (7) of Section 9001 of the federal Solid Waste Disposal Act, as amended (42 U.S.C. Sec. 6991). (e) Nothing in this section shall be construed to alter, modify, or otherwise affect the liability of the promisor or promisee, under an indemnity agreement meeting the criteria of this section, to third parties for damages for death or bodily injury to persons, injury to property, or any other loss, damage, or expense. (f) This section does not apply to public entities, as defined by Section 811.2 of the Government Code. SEC. 2. Section 17210 of the Education Code is amended to read: 17210. As used in this article, the following terms have the following meanings: (a) “Administering agency” means any agency designated pursuant to Section 25502 of the Health and Safety Code. (b) “Environmental assessor” means an environmental professional as defined in Section 312.10 of Title 40 of the Code of Federal Regulations. (c) “Handle” has the meaning the term is given in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of the Health and Safety Code. (d) “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. (e) “Hazardous material” has the meaning the term is given in subdivision (d) of Section 25260 of the Health and Safety Code. (f) “Operation and maintenance,” “removal action work plan,” “respond,” “response,” “response action,” and “site” have the meanings those terms are given in Article 3 (commencing with Section 78035) of Chapter 1 of the state act. (g) “Phase I environmental assessment” means a preliminary assessment of a property to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the property and the area in its vicinity. A phase I environmental assessment shall meet the most current requirements adopted by the American Society for Testing and Materials (ASTM) for Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or meet the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations. That ASTM Standard Practice for Environmental Site Assessments or the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations shall satisfy the requirements of this article for conducting a phase I environmental assessment unless and until the Department of Toxic Substances Control adopts final regulations that establish guidelines for a phase I environmental assessment for purposes of schoolsites that impose different requirements. (h) “Preliminary endangerment assessment” means an activity that is performed to determine whether current or past hazardous material management practices or waste management practi [Text truncated for display. Full text available on Congress.gov.]