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

Enrolled September 04, 2026 Passed IN Senate August 31, 2026 Passed IN Assembly August 31, 2026 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 add Section 65850.21 to the Government Code, and to amend Sections 25404 and 25532 of, and to add Section 25404.7 to, the Health and Safety Code, relating to hazardous materials. LEGISLATIVE COUNSEL'S DIGEST SB 883, 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 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 expand the program’s definition of “regulated substance” to include methyl methacrylate and would require the California Environmental Protection Agency to adopt a state threshold quantity applicable to methyl methacrylate through regulation. By adding an additional 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. (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 65850.21 is added to the Government Code, immediately following Section 65850.2, to read: 65850.21. (a) Unless all of the following conditions are satisfied, a city or county, or city and county, shall not approve a building permit for a new reactive chemical storage facility with the potential for an explosion, including, but not limited to, due to thermal runaway reaction, that may cause injury or death to any person outside the proposed facility’s property boundary: (1) The proposed facility has a backup cooling system for the reactive chemical storage or other contingency system approved by the unified program agency. (2) The application for the building permit demonstrates that the proposed facility is not adjacent to a home. (3) The city council or county board of supervisors provides the public with notice and the opportunity to comment on the proposed facility. (b) A city, county, or city and county shall include in the next revision of its emergency operations plan or equivalent document a specific designation for which emergency response department will serve as the lead agency for responding to hazardous materials incidents. (c) If a city or county, or city and county, approves a building permit pursuant to subdivision (a), the city or county, or city and county, shall notify the Office of Emergency Services and the Office of Environmental Health Hazard Assessment. (d) Neither of the following are eligible for the advanced manufacturing exemption from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) under paragraph (4) of subdivision (a) of Section 21080.69 of the Public Resources Code: (1) The approval of a building permit for a new reactive chemical storage facility subject to regulation under Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code in which methyl methacrylate will be present at or above the state threshold quantity adopted by the California Environmental Protection Agency. (2) The approval of a building permit for the significant expansion or significant modification of an existing reactive chemical storage facility subject to regulation under Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code in which methyl methacrylate is or will be present at or above the state threshold quantity adopted by the California Environmental Protection Agency. (e) The Office of Environmental Health Hazard Assessment shall consider a facility described in subdivision (a) as a factor for purposes of Section 39711 of the Health and Safety Code. (f) For purposes of this section, the following shall apply: (1) “Explosion” shall be construed in accordance with its common and everyday meaning. (2) “Reactive chemical storage facility” means a stationary source, as defined in Section 25532 of the Health and Safety Code, that has a process involving a reactive substance, except for facilities exempt from local building ordinances pursuant to subdivision (d) of Section 53091. SEC. 2. Section 25404 of the Health and Safety Code is amended to read: 25404. (a) For purposes of this chapter, the following terms shall have the following meanings: (1) (A) “Certified Unified Program Agency” or “CUPA” means the agency certified by the secretary to implement the unified program specified in this chapter within a jurisdiction. (B) “Participating Agency” or “PA” means a state or local agency that has a written agreement with the CUPA pursuant to subdivision (d) of Section 25404.3, and is approved by the secretary, to implement or enforce one or more of the unified program elements specified in subdivision (c), in accordance with Sections 25404.1 and 25404.2. (C) “Unified Program Agency” or “UPA” means the CUPA, or its participating agencies to the extent each PA has been designated by the CUPA, pursuant to a written agreement, to implement or enforce a particular unified program element specified in subdivision (c). The UPAs have the responsibility and authority to implement and enforce the requirements listed in subdivision (c), and the regulations adopted to implement the requirements listed in subdivision (c), to the extent provided by Chapter 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), Chapter 6.95 (commencing with Section 25500), and Sections 25404.1 to 25404.2, inclusive. After a CUPA has been certified by the secretary, the unified program agencies and the state agencies carrying out responsibilities under this chapter shall be the only agencies authorized to enforce the requirements listed in subdivision (c) within the jurisdiction of the CUPA. (2) “Department” means the Department of Toxic Substances Control. (3) “Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order, variance, or other requirement, whether procedural or substantive, of the unified program that the UPA is authorized to implement or enforce pursuant to this chapter, and that does not otherwise include any of the following: (A) A violation that results in injury to persons or property, or that presents a significant threat to human health or the environment. (B) A knowing, willful, or intentional violation. (C) A violation that is a chronic violation, or that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the UPA shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements. (D) A violation that results in an emergency response from a public safety agency. (E) A violation that enables the violator to benefit economically from the noncompliance, either by reduced costs or competitive advantage. (F) A class I violation, as provided in Section 25110.8.5. (G) A violation that hinders the ability of the UPA to determine compliance with any other applicable local, state, or federal rule, regulation, information request, order, variance, permit, or other requirement. (4) “Secretary” means the Secretary for Environmental Protection. (5) “Unified program facility” means all contiguous land and structures, other appurtenances, and improvements on the land that are subject to the requirements listed in subdivision (c). (6) “Unified program facility permit” means a permit issued pursuant to this chapter. For purposes of this chapter, a unified program facility permit encompasses the permitting requirements of Section 25284, and permit or authorization requirements under a local ordinance or regulation relating to the generation or handling of hazardous waste or hazardous materials, but does not encompass the permitting requirements of a local ordinance that incorporates provisions of the California Fire Code or the California Building Code. (b) The secretary shall adopt implementing regulations and implement a unified hazardous waste and hazardous materials management regulatory program, which shall be known as the unified program, after holding an appropriate number of public hearings throughout the state. The unified program shall be developed in close consultation with the director, the Director of Emergency Services, the State Fire Marshal, the executive officers and chairpersons of the State Water Resources Control Board and the California regional water quality control boards, the local health officers, local fire services, and other appropriate officers of interested local agencies, and affected businesses and interested members of the public, including environmental organizations. (c) The unified program shall consolidate the administration of the following re [Text truncated for display. Full text available on Congress.gov.]