Section 17210.1 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 1. >> Article 1.
17210.1
. (a) Notwithstanding any other provision of law:
(1) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10) of Part 10, the state act applies to
schoolsites where naturally occurring hazardous materials are
present, regardless of whether there has been a release or there is a
threatened release of a hazardous material.
(2) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10) of Part 10, all references in the state act to
hazardous substances shall be deemed to include hazardous materials
and all references in the state act to public health shall be deemed
to include children's health.
(3) All risk assessments conducted by school districts that elect
to receive state funds pursuant to Chapter 12.5 (commencing with
Section 17070.10) of Part 10 at sites addressed by this article shall
include a focus on the risks to children's health posed by a
hazardous materials release or threatened release, or the presence of
naturally occurring hazardous materials, on the schoolsite.
(4) The response actions selected under this article shall, at a
minimum, be protective of children's health, with an ample margin of
safety.
(b) In implementing this article, a school district shall provide
a notice to residents in the immediate area prior to the commencement
of work on a preliminary endangerment assessment utilizing a format
developed by the Department of Toxic Substances Control.
(c) Nothing in this article shall be construed to limit the
authority of the Department of Toxic Substances Control or the State
Department of Education to take any action otherwise authorized under
any other provision of law.
(d) Unless the Legislature otherwise funds its costs for
overseeing actions taken pursuant to this article, the Department of
Toxic Substances Control shall comply with Chapter 6.66 (commencing
with Section 25269) of Division 20 of the Health and Safety Code when
recovering its costs incurred in carrying out its duties pursuant to
this article.
(e) Article 11 (commencing with Section 25220) of Chapter 6.5 of
Division 20 of the Health and Safety Code does not apply to
schoolsites at which all necessary response actions have been
completed.