Bill Text: CA SB820 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Hazardous materials: California Land Reuse and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-08-22 - Chaptered by Secretary of State. Chapter 166, Statutes of 2016. [SB820 Detail]

Download: California-2015-SB820-Chaptered.html

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BILL NUMBER: SB 820	CHAPTERED
	BILL TEXT

	CHAPTER  166
	FILED WITH SECRETARY OF STATE  AUGUST 22, 2016
	APPROVED BY GOVERNOR  AUGUST 22, 2016
	PASSED THE SENATE  MAY 12, 2016
	PASSED THE ASSEMBLY  AUGUST 4, 2016
	AMENDED IN SENATE  APRIL 12, 2016

INTRODUCED BY   Senator Hertzberg

                        JANUARY 5, 2016

   An act to amend Sections 25395.109 and 25395.110 of the Health and
Safety Code, relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 820, Hertzberg. Hazardous materials: California Land Reuse and
Revitalization Act of 2004.
   The California Land Reuse and Revitalization Act of 2004 provides,
among other things, that an innocent landowner, bona fide purchaser,
or contiguous property owner, as defined, qualifies for immunity
from liability from certain state statutory and common laws for
pollution conditions caused by a release or threatened release of a
hazardous material if specified conditions are met, including
entering into an agreement for a specified site assessment and
response plan. The act prohibits the Department of Toxic Substances
Control, the State Water Resources Control Board, and a California
regional water quality control board from requiring one of those
persons to take a response action under certain state laws, except as
specified. Existing law repeals the act on January 1, 2017. Existing
law provides that a person who qualifies for immunity under the act
before January 1, 2017, shall continue to have that immunity on and
after January 1, 2017, if the person continues to be in compliance
with the requirements of the former act.
   This bill would extend the repeal date of the act to January 1,
2027, and would provide that a person who qualifies for immunity
under the act before January 1, 2027, shall continue to have that
immunity on and after January 1, 2027, if the person continues to be
in compliance with the requirements of the former act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25395.109 of the Health and Safety Code is
amended to read:
   25395.109.  This chapter shall remain in effect only until January
1, 2027, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2027, deletes or extends
that date.
  SEC. 2.  Section 25395.110 of the Health and Safety Code is amended
to read:
   25395.110.  (a) A person who, before January 1, 2027, qualifies
for immunity pursuant to Chapter 6.82 (commencing with Section
25395.60), as that chapter read on December 31, 2026, shall continue
to have that immunity on and after January 1, 2027, if the person
continues to be in compliance with the requirements of former Chapter
6.82 (commencing with Section 25395.60), including, but not limited
to, compliance with all response plans approved pursuant to Article 6
(commencing with Section 25395.90) of former Chapter 6.82, and
compliance with all other applicable laws.
   (b) This article shall become operative January 1, 2027.