reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 25352 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25352.

25352.  Money deposited in the state account may also be appropriated by the Legislature to the department on a specific site basis for the following purposes:(a)  For all costs incurred in restoring, rehabilitating, replacing, or acquiring the equivalent of, any natural resource injured, degraded, destroyed, or lost as a result of any release of a hazardous substance, to the extent the costs are not reimbursed pursuant to the federal act and taking into account processes of natural rehabilitation, restoration, and replacement. (b)  For all costs incurred in assessing short-term and long-term injury to, degradation or destruction of, or any loss of any natural resource resulting from a release of a hazardous substance, to the extent that the costs are not reimbursed pursuant to the federal act. No costs may be incurred for any release of a hazardous substance from any facility or project pursuant to subdivision (a) or this subdivision for injury, degradation, destruction, or loss of any natural resource where the injury, degradation, destruction, or loss was specifically identified as an irreversible and irretrievable commitment of natural resources in an environmental impact statement prepared under the authority of the National Environmental Policy Act (42 U.S.C. Sec. 4321 et seq.), or was identified as a significant environmental effect to the natural resources which cannot be avoided in an environmental impact report prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and a decision to grant a permit, license, or similar authorization for any facility or project is based upon a consideration of the significant environmental effects to the natural resources, and the facility or project was otherwise operating within the terms of its permit, license, or similar authorization at the time of release. (c)  Notwithstanding Section 25355, the Governor, or the authorized representative of the state, shall act on behalf of the public as trustee of the natural resources to recover costs expended pursuant to subdivision (a) or (b). (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25354 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25354.

25354.  (a)  There is hereby continuously appropriated from the state account to the department the sum of one million dollars ($1,000,000) for each fiscal year as a reserve account for emergencies, notwithstanding Section 13340 of the Government Code. The department shall expend moneys available in the reserve account only for the purpose of taking immediate corrective action necessary to remedy or prevent an emergency resulting from a fire or an explosion of, or human exposure to, hazardous substances caused by the release or threatened release of a hazardous substance. (b)  (1)  Notwithstanding any other provision of law, the department may enter into written contracts for corrective action taken or to be taken pursuant to subdivision (a). (2)  Notwithstanding any other provision of law, the department may enter into oral contracts, not to exceed ten thousand dollars ($10,000) in obligation, when, in the judgment of the department, immediate corrective action is necessary to remedy or prevent an emergency specified in subdivision (a). (3)  The contracts made pursuant to this subdivision, whether written or oral, may include provisions for the rental of tools or equipment, either with or without operators furnished, and for the furnishing of labor and materials necessary to accomplish the work. (4)  If the department finds that the corrective action includes the relocation of individuals, the department may contract with those individuals for out-of-pocket expenses incurred in moving for an amount of not more than one thousand dollars ($1,000). (c)  The department shall include in the biennial report specified in Section 25178 an accounting of the moneys expended pursuant to this section. Once the appropriation made pursuant to subdivision (a) is fully expended, the director may file a report with the Legislature if it is in session or, if it is not in session, with the Committee on Rules of the Assembly and the Senate as to the moneys expended pursuant to this section. The Legislature may appropriate moneys from the state account, in addition to those moneys appropriated pursuant to subdivision (a), to the department for the purpose of taking corrective action pursuant to subdivision (a). (d)  Except as provided in subdivision (c), the amount deposited in the reserve account and appropriated pursuant to this section shall not exceed one million dollars ($1,000,000) in any fiscal year. On June 30 of each year, the unencumbered balance of the reserve account shall revert to and be deposited in the state account. (Repealed and added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25355.7 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25355.7.

25355.7.  The department and the State Water Resources Control Board concurrently shall establish policies and procedures consistent with this chapter that the department’s representatives shall follow in overseeing and supervising the activities of responsible parties who are carrying out the investigation of, and taking removal or remedial actions at, hazardous substance release sites. The policies and procedures shall be consistent with the policies and procedures established pursuant to Section 13307 of the Water Code, and shall include, but are not limited to, all of the following:(a)  The procedures the department will follow in making decisions as to when a potentially responsible party may be required to undertake an investigation to determine if a hazardous substance release has occurred. (b)  Policies for carrying out a phased, step-by-step investigation to determine the nature and extent of possible soil and groundwater contamination at a site. (c)  Procedures for identifying and utilizing the most cost-effective methods for detecting contamination and carrying out removal or remedial actions. (d)  Policies for determining reasonable schedules for investigation and removal or remedial action at a site. The policies shall recognize the dangers to public health and the environment posed by a release and the need to mitigate those dangers, while taking into account, to the extent possible, the financial and technical resources available to a responsible party. (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25355.8 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25355.8.

25355.8.  (a)  The department shall not agree to oversee the preparation of, or to review, a preliminary endangerment assessment for property if action is, or may be, necessary to address a release or threatened release of a hazardous substance, and the department shall not issue a letter stating that no further action is necessary with regard to property, unless the person requesting the department action does either of the following: (1)  Provides the department with all of the following: (A)  Proof of the identity of all current record owners of fee title to the property and their mailing addresses. (B)  Written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by the requesting person. (C)  An acknowledgment of the receipt of the notice required in subparagraph (B), from the property owners or proof that the requesting person has made reasonable efforts to deliver the notice to the property owner and was unable to do so. (2)  Proof of the identity of all current record owners of fee title to the property and proof that the requesting person has made reasonable efforts to locate the property owners and was unable to do so. (b)  The department shall take all reasonable steps necessary to accommodate property owner participation in the site remediation process and shall consider all input and recommendations received from the owner of property which is the subject of the proposed action. (c)  This section only applies to instances where a person requests the department to oversee the preparation of, or to review, a preliminary endangerment assessment, or requests the department to issue a letter stating that no further action is necessary with regard to property. Nothing in this section imposes a condition upon, limits, or impacts in any way, the department’s authority to compel any potentially responsible party to take any action in response to a release or threatened release of a hazardous substance or to recover costs incurred from any potentially responsible party. (Repealed and added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25356.1.3 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25356.1.3.

25356.1.3.  (a)  In exercising its authority at a hazardous substance release site pursuant to subdivision (a) of Section 25355.5 or 25358.3, the department shall issue orders to the largest manageable number of potentially responsible parties after considering all of the following: (1)  The adequacy of the evidence of each potentially responsible party’s liability. (2)  The financial viability of each potentially responsible party. (3)  The relationship or contribution of each potentially responsible party to the release, or threat of release, of hazardous substances at the site. (4)  The resources available to the department. (b)  The department shall schedule a meeting pursuant to Section 25269.5 and notify all identified potentially responsible parties of the date, time, and location of the meeting. (c)  A person issued an order pursuant to Section 25355.5 or 25358.3 may identify additional potentially responsible parties for the site to which the order is applicable and may request the department to issue an order to those parties. The request shall include, with appropriate documentation, the factual and legal basis for identifying those parties as potentially responsible parties for the site. The department shall review the request and accompanying information and, within a reasonable period of time, determine if there is a factual and legal basis for identifying other persons as potentially responsible parties, and notify the person that made the request of the action the department will take in response to the request. (d)  Any determination made by the department regarding the largest manageable number of potentially responsible parties or the identification of other persons as potentially responsible parties pursuant to this section is not subject to judicial review. This subdivision does not affect the rights of any potentially responsible party or the department under any other provision of this chapter. (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25357 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25357.

25357.  Expenditures from the state account shall not be made in excess of the total amount of money in the state account at any one time. Expenditures in excess of such amount may be made only when additional money is collected or otherwise added to the state account.(Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25357.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25357.5.

25357.5.  (a)  In any judicial action under this chapter, judicial review of any issues concerning the adequacy of any response action taken or ordered by the department shall be limited to the administrative record. Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court. (b)  If the court finds that the selection of the response action was not in accordance with law, the court shall award only the response costs or damages that are not inconsistent with the National Contingency Plan, as specified in Part 300 (commencing with Section 300.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations, and any other relief that is consistent with the National Contingency Plan. (c)  In reviewing an action brought by the department under this chapter, in which alleged procedural errors by the department are raised as a defense, the court may impose costs or damages only if the errors were serious and related to matters of central relevance to the action, so that the action would have been significantly changed had the errors not been made. (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25358 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.

25358.  The state shall actively seek to obtain all federal funds to which it is entitled under the federal act and shall take all actions necessary to enter into contractual or cooperative agreements under Sections 104  (c)  (3) and 104  (d)  (1) of the federal act (42 U.S.C. Sec. 9604  (c)  (3) and 42 U.S.C. Sec. 9604  (d)  (1)). (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25358.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.2.

25358.2.  (a) “Trade secrets,” as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that is not patented, that is known only to certain individuals within a commercial concern who are using it to fabricate, produce, develop, or compound an article of trade or a service having commercial value, and that gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.(b) The department shall establish procedures to ensure that trade secret information is utilized by the department only in connection with the responsibilities of the department pursuant to this chapter and is not otherwise disseminated without the consent of the person who provided the information to the department. However, any information shall be made available to governmental agencies for use in making studies and for use in judicial review or enforcement proceedings involving the person furnishing the information. (c) Any person providing information pursuant to subdivision (b) of Section 25358.1 shall, at the time of its submission, identify all information that the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law.(d) Any person who knowingly and willfully disseminates information protected by this section or procedures established by the department pursuant to subdivision (b) shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000), imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment.(Amended by Stats. 2016, Ch. 145, Sec. 3. (AB 2893) Effective January 1, 2017.)
CA Health & Safety Code § 25358.4 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.4.

25358.4.  The analysis of any material that is required to demonstrate compliance with this chapter shall be performed by a laboratory accredited by the State Department of Health Services pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101.(Amended by Stats. 2000, Ch. 912, Sec. 17. Effective September 29, 2000.)
CA Health & Safety Code § 25358.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.5.

25358.5.  Any removal or remedial action taken or contracted by the department pursuant to Section 25354 or subdivision (a) of Section 25358.3 shall be exempt from all of the following provisions:(a)  State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code). (b)  Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (c)  Section 10295 of, and Article 4 (commencing with Section 10335) of, and Article 5 (commencing with Section 10355) of, Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (Amended by Stats. 2000, Ch. 912, Sec. 18. Effective September 29, 2000.)
CA Health & Safety Code § 25358.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.6.

25358.6.  (a)  The department may prequalify bidders for remedial or removal actions taken pursuant to Section 25354 or subdivision (a) of Section 25358.3. The department may reject the bid of any prospective bidder that has not been prequalified. (b)  To prequalify bidders, the department shall adopt and apply a uniform system of rating bidders. In order to obtain information for such rating, the department may require from prospective bidders answers to questions, including, but not limited to, questions about the bidder’s financial ability, the bidder’s experience in removal and remedial action involving hazardous substances, the bidder’s past safety record, and the bidder’s past performance on federal, state, or local government projects. The department may also require prospective bidders to submit financial statements. (c)  The department shall utilize the business financial data and information submitted by a bidder pursuant to subdivision (b) only for the purposes of prequalifying bidders pursuant to this section and shall not otherwise disseminate this data or information. (d)  The system of rating bidders may be adopted by the department as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, when these regulations are adopted as emergency regulations pursuant to Section 11349.6 of the Government Code, the regulations shall be deemed to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. It is the intent of the Legislature that emergency regulations adopted pursuant to this subdivision shall remain in effect until the regulations are adopted as final regulations, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25358.6.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.6.2.

25358.6.2.  (a) For contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department.(b) For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), the department shall do both of the following:(1) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace.(2) Make available on the department’s internet website easily accessible information about the cleanups, including all of the following for each cleanup: (A) The address of the site at which the cleanup is taking place.(B) The nature of the contamination.(C) The proposal to clean up the contamination, when available.(D) The estimated or actual time for review of the cleanup proposal.(E) Performance milestones for the cleanup established pursuant to paragraph (1).(F) A link to more detailed information on the cleanup in the department’s EnviroStor database.(Added by Stats. 2021, Ch. 474, Sec. 1. (AB 1024) Effective January 1, 2022.)