reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 25395.26 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.5 - Cleanup Loans and Environmental Assistance to Neighborhoods|Section 25395.26.

25395.26.  (a)  A loan approved pursuant to Section 25395.23 shall be secured by the property subject to the release or threatened release of the hazardous material on which the response action will be taken or by another form of security that the department determines will adequately protect the state’s interest. The department shall obtain an appropriate security interest in the property or other alternative form of security approved by the department. The department may foreclose on property, or the alternative form of security approved by the department, that is subject to a security interest pursuant to this section. Any funds received through a foreclosure or through the enforcement of any other security interest pursuant to this article shall be deposited in the account. (b)  The state, the secretary, the department, and the account are not liable under any state or local statute, regulation, or ordinance because the department holds the security interest identified in subdivision (a) or because the department acquired property through foreclosure or its equivalent in satisfaction of a loan issued pursuant to this article. (c)  Chapter 6.96 (commencing with Section 25548) does not apply to the state, the secretary, the department, the agency, or the account with regard to a loan secured pursuant to subdivision (a). (d)  (1)  Notwithstanding any other provision of law, no approval or review shall be required from the Department of General Services to obtain any security interest or exercise any rights, including, but not limited to, foreclosure, under any security interest or other agreement made pursuant to this article. (2)  The acquisition of a property pursuant to this article through foreclosure or its equivalent is not subject to Article 2 (commencing with Section 14660) of Chapter 2 of Part 5.5 of Division 3 of Title 2 of the Government Code. (3)  The department shall promptly dispose of any property acquired through the exercise of any security interest pursuant to this article at the property’s current market value and the disposal of this property is exempt from Section 11011.1 of the Government Code and Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. (e)  This article shall not be construed to limit, extend, or affect local land use and zoning authority. (Amended by Stats. 2001, Ch. 548, Sec. 6. Effective October 7, 2001.)
CA Health & Safety Code § 25395.27 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.5 - Cleanup Loans and Environmental Assistance to Neighborhoods|Section 25395.27.

25395.27.  (a)  (1)  Except as provided in subdivisions (a) and (b) of Section 25395.28, any response action carried out under this article shall be conducted in accordance with the requirements of this chapter and Chapter 6.65 (commencing with Section 25260). However, for purposes of Section 25262, the administering agency for any site that is the subject of a loan under this article shall either be the department pursuant to this article, or a regional board, the state board, or a local oversight program agency under contract with the state board pursuant to Section 25395.28, and a person shall not request that a different agency be designated as an administering agency for the site under Chapter 6.65 (commencing with Section 25260). (2)  For purposes of this section, the Site Designation Committee created by Section 25261 is not required to meet and formally designate the department, a regional board, the state board, or a local oversight program agency under contract with the state board, as specified in Section 25395.28, as the administering agency pursuant to Section 25262 for a site that is the subject of a loan under this article. Upon the approval of a loan under Section 25395.23, the department shall notify the Site Designation Committee of the administering agency for the site. (b)  For sites that are the subject of a loan under this article, all references in this chapter to a hazardous substance shall be deemed to be a reference to a hazardous material. (c)  Except as provided in subdivisions (a) and (b) of Section 25395.28, this chapter shall apply to a site that is the subject of a loan under this article, regardless of whether the site is on the list created pursuant to Section 25356. (d)  Except as provided in Section 25264, this article shall not be construed to limit the authority of the department, the regional board, or the state board to take any action otherwise authorized under any other provision of law. (e)  The department shall post, and update at least monthly, a list of loan applications received pursuant to this article on the department’s Internet website. The list shall include the name of the applicant, the location of the property that is the subject of the loan application, the administering agency, and a contact at the department for further information. The department shall also annually post on that website a summary of the response action status for each site with a loan approved under Section 25395.23. (Repealed and added by Stats. 2001, Ch. 548, Sec. 8. Effective October 7, 2001.)
CA Health & Safety Code § 25395.29 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.5 - Cleanup Loans and Environmental Assistance to Neighborhoods|Section 25395.29.

25395.29.  (a)  The department may adopt regulations to implement this article as emergency regulations. The Office of Administrative Law shall consider those regulations to be necessary for the immediate preservation of the public peace, health and safety, and general welfare for purposes of Section 11349.6 of the Government Code. Notwithstanding the 120-day limitation in subdivision (e) of Section 11346.1 of the Government Code, the emergency regulations adopted or amended pursuant to this subdivision shall be repealed 180 days after the effective date of the regulations, unless the secretary or the department readopts those regulations, in whole or in part, in compliance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b)  The department may adopt emergency regulations to implement the changes made by the act of the 2001–02 Regular Session of the Legislature that amends this section. Notwithstanding the 120-day limitation specified in subdivision (e) of Section 11346.1 of the Government Code, the emergency regulations adopted or amended pursuant to this subdivision shall be repealed 180 days after the effective date of the regulations, unless the secretary or the department readopts those regulations, in whole or in part, in compliance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The Office of Administrative Law shall consider the regulations adopted pursuant to this subdivision, to be necessary for the immediate preservation of the public peace, health and safety, and general welfare for purposes of Section 11349.6 of the Government Code. (Amended by Stats. 2001, Ch. 548, Sec. 10. Effective October 7, 2001.)
CA Health & Safety Code § 25395.30 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.5 - Cleanup Loans and Environmental Assistance to Neighborhoods|Section 25395.30.

25395.30.  The following persons are not eligible to apply for a loan under this article:(a)  A person who has been convicted of a felony or misdemeanor involving the regulation of hazardous materials, including, but not limited to, a conviction of a felony or misdemeanor under former Section 25395.13.(b)  A person who has been convicted of a felony or misdemeanor involving moral turpitude, including, but not limited to, the crimes of fraud, bribery, the falsification of records, perjury, forgery, conspiracy, profiteering, or money laundering.(c)  A person who is in violation of an administrative order or agreement issued by or entered into with any federal, state, or local agency that requires response action at a site or a judicial order or consent decree that requires response action at a site.(d)  A person who knowingly made a false statement regarding a material fact or knowingly failed to disclose a material fact in connection with an application submitted to the secretary under this article.(Amended by Stats. 2012, Ch. 39, Sec. 74. (SB 1018) Effective June 27, 2012.)
CA Health & Safety Code § 25395.31 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.5 - Cleanup Loans and Environmental Assistance to Neighborhoods|Section 25395.31.

25395.31.  The rate of interest to be applied to loans made pursuant to this article shall be the same rate earned on investments in the Surplus Money Investment Fund during the loan repayment period. If a loan recipient defaults on a loan, the rate of interest to be applied to the loan shall be 10 percent from the date of default, or whatever greater rate is reflected in the agreement entered into pursuant to subdivision (a) of Section 25395.25.(Added by Stats. 2000, Ch. 912, Sec. 23. Effective September 29, 2000.)
CA Health & Safety Code § 25395.32 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.5 - Cleanup Loans and Environmental Assistance to Neighborhoods|Section 25395.32.

25395.32.  On or before January 10 of each year when a loan under this article is made or repaid during the previous fiscal year, the secretary shall report to the Joint Legislative Budget Committee and to the chairs of the appropriate policy committees of the Senate and the Assembly, and shall post on the Internet web site of the agency, all of the following:(a) The number and dollar amount of loans approved pursuant to Section 25395.21, the number and dollar amount of those loans that have been repaid, and, the number and dollar amount of those loans that are in default.(b) The number and dollar amount of loans waived pursuant to subdivision (f) of Section 25395.21.(c) The number and dollar amount of loans approved pursuant to Section 25395.23, the number and dollar amount of those loans that have been repaid, and the number and dollar amount of those loans that are in default.(d) The number of preliminary endangerment assessments completed pursuant to agreements entered into under this article.(e) The number of sites where necessary response actions have been completed pursuant to agreements entered into under this article.(Amended by Stats. 2004, Ch. 644, Sec. 12. Effective January 1, 2005.)
CA Health & Safety Code § 25395.35 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.6 - Revolving Loans Fund|Section 25395.35.

25395.35.  Unless the context otherwise requires, the following definitions govern the construction of this article:(a) “Brownfield site” has the same meaning as defined in Section 9601 of Title 42 of the United States Code.(b) “Brownfield law” means the Small Business Liability Relief and Brownfields Revitalization Act of 2002 (Public Law 107-117) as amending the federal act.(c) “Federal Trust Fund” means the Federal Trust Fund established pursuant to Section 16360 of the Government Code.(d) “Fund” means the Revolving Loans Fund established pursuant to this article.(Added by Stats. 2008, Ch. 760, Sec. 9. Effective September 30, 2008.)
CA Health & Safety Code § 25395.36 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.6 - Revolving Loans Fund|Section 25395.36.

25395.36.  (a) The Revolving Loans Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated, without regard to fiscal year, to the department for expenditure in accordance with this chapter. The department is the state agency responsible for administering the fund.(b) All of the following moneys shall be deposited in the fund:(1) Notwithstanding Section 25173.6, moneys received pursuant to the brownfield law and transferred to the fund from the Federal Trust Fund.(2) The amounts collected for loan services.(3) Interest payments.(4) Principal repayments.(5) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys deposited in the fund.(c) The department may expend the moneys in the fund only for the purposes authorized by the brownfield law, as specified in subsection (k) of Section 9604 of Title 42 of the United States Code, including providing financial assistance for both of the following:(1) Issuing loans for response actions to eligible brownfield sites.(2) Making subgrants for response actions to eligible brownfield sites.(d) Any repayment of fund moneys, including interest payments, and all interest earned on, or accruing to, any moneys in the fund, that are deposited in the fund, as provided in subdivision (b), shall be available, in perpetuity, for expenditure for the purposes and uses authorized by the brownfield law.(Added by Stats. 2008, Ch. 760, Sec. 9. Effective September 30, 2008.)
CA Health & Safety Code § 25395.42 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.7 - California Financial Assurance and Insurance for Redevelopment Program|Section 25395.42.

25395.42.  (a)  The secretary shall expend the funds from the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 25395.20 that are made available in the annual Budget Act for expenditure to subsidize the cost of the environmental insurance products offered by the insurance company selected pursuant to subdivision (b) of Section 25395.41, in accordance with subdivision (b). (b)  The secretary shall provide the following subsidies, in accordance with the application process specified in Section 25395.43, from the funds made available pursuant to subdivision (a): (1)  Up to 50 percent of the cost of the premiums for the environmental insurance products provided pursuant to subdivision (c) of Section 25395.41. (2)  (A)  Up to 80 percent of the self-insured retention amount of the cost overrun insurance provided pursuant to subdivision (c) of Section 25395.41, up to a maximum of five hundred thousand dollars ($500,000). (B)  The secretary may expend the funds available to pay a portion of the self-insured retention amount of the cost overrun insurance provided pursuant to subdivision (b) of Section 25395.41 only under all of the following conditions: (i)  The insured demonstrates that it exercised reasonably prudent business judgment in insuring the cost overrun, consistent with an attempt to minimize the incurred costs, and incurred the costs through no fault of its own. (ii)  The insured pays, at a minimum, the first 20 percent of the self-insured retention amount. (iii)  The secretary determines that the amount of the payment is in the best interests of the state, taking into account the environmental and economic benefits of the specified project, as compared to the benefit of conserving funds for assistance at other sites. (Added by Stats. 2001, Ch. 549, Sec. 4. Effective January 1, 2002.)
CA Health & Safety Code § 25395.43 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.7 - California Financial Assurance and Insurance for Redevelopment Program|Section 25395.43.

25395.43.  (a)  Any person who is conducting a response action at an eligible property under the oversight of the department or a regional board and who purchases the prenegotiated environmental insurance products from the insurance company selected pursuant to subdivision (b) of Section 25395.41 may apply to the secretary for the subsidies that are made available pursuant to Section 25395.42. To the extent that the funds that are made available in the annual Budget Act for expenditure to subsidize the cost of the environmental insurance products provided pursuant to this article are available, an applicant is eligible for a subsidy in the order in which the applicant’s application is received. (b)  An applicant for a subsidy made available pursuant to Section 25395.42 shall provide the secretary with all information necessary to demonstrate to the secretary that the applicant is eligible to receive a subsidy. (c)  The state and the Cleanup Loans and Environmental Assistance to Neighborhoods Account do not have any obligation to provide funds to any person that applies for a subsidy pursuant to this article. The secretary shall provide an applicant with a subsidy only to the extent that money in the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 25395.20 has been reserved in the annual Budget Act for the purpose of providing environmental insurance and the money that has been reserved for this purpose is available. (Added by Stats. 2001, Ch. 549, Sec. 4. Effective January 1, 2002.)
CA Health & Safety Code § 25395.44 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.7 - California Financial Assurance and Insurance for Redevelopment Program|Section 25395.44.

25395.44.  (a)  Notwithstanding any other provision of law, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions or employees thereof, shall not be liable to any person for any of the following: (1)  Any acts or omissions by the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions or employees thereof, in implementing this article. (2)  Any acts or omissions by an insurance company selected to provide prenegotiated environmental insurance products pursuant to subdivision (b) of Section 25395.41. (3)  Any acts or omissions by any person that purchases a prenegotiated environmental insurance product made available pursuant to this article. (b)  The immunity from liability set forth in subdivision (a) specifically includes, but is not limited to, immunity if an insurance company selected to provide prenegotiated environmental insurance products pursuant to subdivision (b) of Section 25395.41 does any of the following: (1)  Cancels, rescinds, or otherwise terminates its contract with the secretary. (2)  Fails, for any reason, to compensate an insured for a loss covered by a policy. (3)  Delays payment to an insured, or otherwise breaches a duty or covenant imposed by law or required by a policy or contract with an insured that purchased an environmental insurance product pursuant to this article. (c)  The immunity set forth in this section is in addition to other immunities and defenses otherwise available to the agency, the secretary, the state, their respective employees and agents, and any of the state’s political subdivisions and employees thereof. (d)  In implementing this article, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions and employees thereof, may not: (1)  Be construed to be an insurer, as defined in Section 23 of the Insurance Code, an insurance agent, as defined in Sections 31 and 1621 of the Insurance Code, an insurance solicitor, as defined in Sections 34 and 1624 of the Insurance Code, or an insurance broker, as defined in Sections 33 and 1623 of the Insurance Code. (2)  Be construed to be transacting insurance, as defined in Section 35 of the Insurance Code. (3)  Be required to obtain a license or other authorization pursuant to any provision of the Insurance Code. (Repealed and added by Stats. 2002, Ch. 999, Sec. 52. Effective January 1, 2003.)
CA Health & Safety Code § 25395.45 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 8.7 - California Financial Assurance and Insurance for Redevelopment Program|Section 25395.45.

25395.45.  The agency may adopt regulations to implement this article pursuant to this section. The regulations adopted to implement this article shall be deemed to be emergency regulations for purposes of Section 11346.1 of the Government Code. Notwithstanding the 120-day limit specified in subdivision (e) of Section 11346.1 of the Government Code, those emergency regulations may remain in effect for up to 180 days.(Added by Stats. 2001, Ch. 549, Sec. 4. Effective January 1, 2002.)
CA Health & Safety Code § 25395.60 (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 1 - Legislative Findings and Intent|Section 25395.60.

25395.60.  The Legislature finds and declares all of the following:(a) There are thousands of properties in the state where redevelopment has been hindered due to real or perceived hazardous materials contamination. Cleaning up these sites and returning them to productive use will benefit the communities in which they are located and the state as a whole.(b) Contamination of property in the state has hampered redevelopment, which in turn has limited job creation, economic revitalization, and the full and productive use of the land.(c) Private developers, local governments, and schools are reluctant to acquire or redevelop these properties due, at least in part, to concerns regarding liability associated with historic contamination. Instead, they focus new development on clean areas that present fewer complications and lower risk of liability.(d) This has resulted in a multitude of problems, including urban sprawl, decaying inner-city neighborhoods and schools, public health and environmental risks stemming from contaminated properties, lack of development at former manufacturing sites and rural areas in need of economic investment, and reduced tax bases.(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.)