reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 25395.98 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004|ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements|Section 25395.98.

25395.98.  A person who acquires a property from an innocent landowner, bona fide purchaser, or contiguous property owner, and the property was previously issued a certificate of completion or no further action determination, may qualify as a bona fide prospective purchaser or contiguous property owner by demonstrating to the agency that the person meets all of the qualifying conditions of Section 25395.80 and either Section 25395.69 or 25395.70, as applicable.(Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
CA Health & Safety Code § 25395.99 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004|ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements|Section 25395.99.

25395.99.  (a) A response plan may require the use of a land use control that imposes appropriate conditions, restrictions, and obligations on land use or activities, if, after completion of the removal and remedial actions specified in the response plan, hazardous materials remain at the site at a level that is not suitable for the unrestricted use of the site.(b) Except as provided in subdivision (c), if the agency approves a response plan that requires the use of a land use control, the land use control shall be executed by the landowner and recorded by the landowner in the office of the county recorder in each county in which all, or a portion of, the land is located within 10 days of the date of execution.(c) An agency shall not issue a certificate of completion to a person who submits a response plan that is approved by the agency and that requires the use of a land use control, until the agency receives a certified copy of the recorded land use control. If the site that requires the land use control does not have an owner, or the agency determines the owner is incapable of executing a land use control in accordance with this section, the agency may record in the county records a “Notice of Land Use Restriction” that has the same effect as any other land use control executed pursuant to this section, and that is subject to the variance and termination procedures specified in subdivision (f).(d) Notwithstanding any other provision of law, a land use control that is executed pursuant to this section and that is recorded so as to provide constructive notice shall run with the land from the date of recordation, is binding upon all of the owners of the land, and their heirs, successors and assignees, and the agents, employees, or lessees of the owners, heirs, successors and assignees, and is enforceable pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5.(e) Notwithstanding any other provision of law, a land use control executed pursuant to this section is subject to Section 57012.(f) A land use control imposed pursuant to this section is subject to the variance and removal procedures specified in Sections 25223 and 25224.(Amended by Stats. 2012, Ch. 39, Sec. 75. (SB 1018) Effective June 27, 2012. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
CA Health & Safety Code § 25395.100 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004|ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements|Section 25395.100.

25395.100.  To the extent consistent with the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may exclude any portion of a response action conducted entirely onsite from the hazardous waste facilities permit requirements of Sections 25200.3, 25201, and 25201.6, if both of the following apply:(a) The response action is carried out pursuant to an approved response plan.(b) The response plan specifies that the response action will be conducted in compliance with the standards, requirements, criteria, or limitations applicable to the construction, operation, and closure of the type of facility at the site, as necessary to prevent an unreasonable risk to public health and safety or the environment and any other condition imposed by the agency.(Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
CA Health & Safety Code § 25395.101 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004|ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements|Section 25395.101.

25395.101.  (a) Except as expressly provided in this article, this article does not affect the authority of an agency to issue an order or take any other action under any provision of law to protect public health and safety or the environment.(b) Except as otherwise expressly provided in this article, this article does not affect the authority of the agency or any other public agency to pursue any existing legal, equitable, or administrative remedies pursuant to state or federal law.(c) Except as otherwise expressly provided in this article, Chapter 6.8 (commencing with Section 25300) does not apply to this article.(d) If a local agency determines that, due to an emergency, it is necessary to gain access to a site that is the subject of a finding of no further action or a certificate of completion, the person who has obtained immunity pursuant to this chapter with regard to that site shall allow the local agency access to the site to take any action necessary to mitigate that emergency, or take any other necessary response action. However, that person shall not be required to pay for, or undertake, any of those actions taken by or required by the local agency, unless the person caused or contributed to the release at the site that constituted the emergency.(Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
CA Health & Safety Code § 25395.105 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004|ARTICLE 7 - Bona Fide Ground Tenant Immunity|Section 25395.105.

25395.105.  (a) Notwithstanding subdivision (b) of Section 25395.102, on and after the date when the immunity specified in Section 25395.104 attaches, a person shall remain eligible for immunity if a release of hazardous materials at the site during a response action is de minimis and the agency determines that all necessary response actions to address the release have been taken.(b) Notwithstanding subdivision (b) of Section 25395.102 with respect to a release of hazardous materials at the site that is not characterized in or through the site investigation or the response plan, a person shall remain eligible for the immunity provided in Section 25395.104, if the person takes response actions with respect to the release of hazardous materials that the agency determines to be necessary to prevent unreasonable risk to the human health and safety of the intended site occupants specified in the agreement entered into pursuant to this article.(c) Notwithstanding subdivision (b) of Section 25395.102, on and after the date when the immunity specified in Section 25395.104 attaches, a person shall remain eligible for immunity obtained pursuant to this article with regard to a release that is the subject of a certificate of completion and immunities issued pursuant to Section 25395.104. If the person causes or contributes to a release of a hazardous material, other than a de minimis release, the person shall be responsible for responding to that release in accordance with all applicable law.(Repealed and added by Stats. 2006, Ch. 510, Sec. 4. Effective January 1, 2007. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
CA Health & Safety Code § 25395.106 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004|ARTICLE 7 - Bona Fide Ground Tenant Immunity|Section 25395.106.

25395.106.  (a) This article does not provide immunity from any of the following:(1) Liability for bodily injury or wrongful death.(2) A requirement imposed under Chapter 6.5 (commencing with Section 25100), including, but not limited to, corrective action and closure and postclosure requirements.(3) A criminal act.(4) A permit violation.(5) A contractual indemnity agreement between a purchaser and seller of real property.(6) New releases, other than de minimis releases, of hazardous materials that are caused or contributed to by a bona fide ground tenant.(b) This article does not limit the authority of an agency to conduct a response action that is necessary to protect public health and safety or the environment pursuant to an applicable statute.(c) This article does not do either of the following:(1) Limit a defense to liability that may be available to a person under any other provision of law.(2) Impose a new obligation on a bona fide ground tenant other than those specifically assumed by the bona fide ground tenant under an agreement entered into pursuant to this article.(Added by Stats. 2006, Ch. 510, Sec. 4. Effective January 1, 2007. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
CA Health & Safety Code § 25395.109 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004|ARTICLE 8 - Repeal|Section 25395.109.

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.(Amended by Stats. 2016, Ch. 166, Sec. 1. (SB 820) Effective January 1, 2017. Repealed as of January 1, 2027, by its own provisions, with continuing effect as provided in Section 25395.110. Note: Repeal affects Chapter 6.82, commencing with Section 25395.60.)
CA Health & Safety Code § 25395.110 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.83 - Land Use and Revitalization|ARTICLE 1 - Immunity Continuation|Section 25395.110.

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.(Amended by Stats. 2016, Ch. 166, Sec. 2. (SB 820) Effective January 1, 2017. Operative January 1, 2027, pursuant to subd. (b).)
CA Health & Safety Code § 25395.115 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.83 - Land Use and Revitalization|ARTICLE 2 - Public Information|Section 25395.115.

25395.115.  The definitions set forth in this section govern the interpretation of this article.(a) “Agency” means the department, the board, or a regional board.(b) “Board” means the State Water Resources Control Board.(c) (1) “Bona fide purchaser” means a person, or a tenant of a person, who acquires ownership of a site on or after January 1, 2005, and who establishes all of the following by a preponderance of the evidence:(A) All releases of the hazardous materials at issue at the site occurred before the person acquired the site, except as described in subparagraph (B).(B) All of the conditions of Section 25395.80 to qualify as a bona fide purchaser have been met.(C) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release or threatened release at the site through any of the following circumstances:(i) Any direct or indirect familial relationship.(ii) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instrument by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services.(iii) The result of a reorganization of a business entity that was potentially liable for the release or threatened release of hazardous materials at the site.(2) For purposes of this section, “release” does not include passive migration.(d) “Department” means the Department of Toxic Substances Control.(e) “Regional board” means a California regional water quality control board.(Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
CA Health & Safety Code § 25395.116 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.83 - Land Use and Revitalization|ARTICLE 2 - Public Information|Section 25395.116.

25395.116.  (a) To facilitate the decision of a bona fide purchaser to apply for a bona fide purchaser agreement, the bona fide purchaser may first enter into a consultative services agreement with the department pursuant to Section 25201.9 or with an agency.(b) Under the terms of a consultative services agreement entered into in accordance with this section, an agency may review any environmental data and development plans that may be submitted by a bona fide purchaser.(c) The consultative services agreement shall include all of the following:(1) Require the bona fide purchaser to pay for the agency’s services.(2) Not commit the bona fide purchaser to purchase, remediate, or otherwise act with regard to the site.(3) Provide for a review and meeting to discuss the environmental data and development plans within 30 days of submission.(d) Upon review of the data and plans specified in paragraph (3) of subdivision (c), the agency shall provide comments to the bona fide purchaser of what further information might be needed to ascertain what response action, if any, will be necessary. The agency shall also provide comments to the bona fide purchaser on any proposed response actions that may be necessary and an estimate of the time it may take to negotiate and approve a bona fide purchaser agreement.(e) An agency shall enter into a consultative services agreement, in accordance with this section, subject to available staff and resources, as determined by the agency. If the agency declines to enter into a consultative services agreement, the agency shall provide specific reasons for its decision to the bona fide purchaser requesting the agreement.(Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
CA Health & Safety Code § 25395.117 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.83 - Land Use and Revitalization|ARTICLE 2 - Public Information|Section 25395.117.

25395.117.  (a) On or before January 1, 2006, the agency and the California Environmental Protection Agency shall implement the requirements imposed by this section.(b) The department shall revise and upgrade the department’s database systems, including the list of hazardous substances release sites adopted pursuant to Section 25356 and the information sent to the agency pursuant to Section 65962.5 of the Government Code, to enable compatibility with existing databases of the board, including the GIS mapping system established pursuant to Section 25299.97. The department shall also install improvements to the database systems to maintain and display information that includes the number of brownfield sites, each brownfield site’s location, acreage, response action, site assessments, and the number of orphan sites where the department is overseeing the response action.(c) The California Environmental Protection Agency, the department, the regional boards, and the board shall expand their respective Web sites to allow access to information about brownfield sites and other response action sites through a single Web site portal.(Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
CA Health & Safety Code § 25395.118 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.83 - Land Use and Revitalization|ARTICLE 2 - Public Information|Section 25395.118.

25395.118.  The department may expend any grant received pursuant to Section 128 of the Small Business Liability Relief and Brownfield Revitalization Act (42 U.S.C. Sec. 9628), for state response programs, to implement Section 25395.117 to the extent the activities are in accordance with the terms and conditions of the grant.(Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
CA Health & Safety Code § 25395.119 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.83 - Land Use and Revitalization|ARTICLE 2 - Public Information|Section 25395.119.

25395.119.  (a) Using existing resources or when funds become available, the Secretary for Environmental Protection shall designate a brownfields ombudsperson whose responsibilities shall include, but are not limited to, all of the following:(1) Assisting in the coordination of the brownfields activities of each office, board, and department within the California Environmental Protection Agency.(2) Advocating and expanding the relationship between the California Environmental Protection Agency and local, state, and federal governmental entities’ efforts pertaining to brownfields.(3) Serving as the California Environmental Protection Agency’s representative on committees, working groups, and other organizations pertaining to brownfields.(4) Providing assistance in investigating complaints from the public, and helping to resolve and coordinate the resolution of those complaints relating to the brownfields activities of each office, board, and department within the California Environmental Protection Agency.(5) Facilitating and advocating that the issue of environmental justice for communities most impacted, including low-income and racial minority populations, is considered in brownfields activities of each office, board, and department within the California Environmental Protection Agency.(b) The brownfield ombudsperson is not authorized to make or reverse a decision of an office, board, or department within the California Environmental Protection Agency.(Amended by Stats. 2012, Ch. 39, Sec. 76. (SB 1018) Effective June 27, 2012.)
CA Health & Safety Code § 25400.10 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act|ARTICLE 1 - General Provisions|Section 25400.10.

25400.10.  (a) The Legislature finds and declares all of the following:(1) Methamphetamine use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of methamphetamine where those chemicals remain and where the contamination has not been remediated.(2) Initial cleanup actions may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where methamphetamine production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated.(3) Once methamphetamine laboratories have been closed, the public may be harmed by the materials and residues that remain.(4) There is no statewide standardization of standards for determining when a site of a closed methamphetamine laboratory has been successfully remediated.(5) Fentanyl use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of fentanyl where those chemicals remain and where the contamination has not been remediated.(6) Initial cleanup actions of fentanyl contaminated property may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where fentanyl production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated.(7) Once fentanyl laboratories have been closed, the public may be harmed by the materials and residues that remain. Skin absorption is a possible route of exposure and elevates the risk to public health.(8) There are no statewide standards for determining when the site of a closed fentanyl drug laboratory has been successfully remediated.(b) This chapter shall be known, and may be cited as, the “Methamphetamine or Fentanyl Contaminated Property Cleanup Act.”(Amended by Stats. 2019, Ch. 691, Sec. 3. (AB 1596) Effective January 1, 2020.)
CA Health & Safety Code § 25400.12 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act|ARTICLE 1 - General Provisions|Section 25400.12.

25400.12.  Any term not defined expressly by this article shall have the same meaning as defined in Chapter 6.8 (commencing with Section 25300).(Added by Stats. 2005, Ch. 570, Sec. 1. Effective January 1, 2006.)