reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 4 - Investigatory Powers › Section 78445.

78445. (a) The department may disclose information submitted pursuant to this article to authorized representatives, contractors, or other governmental agencies only in connection with the department’s responsibilities pursuant to this part. The department shall establish procedures to ensure that information submitted pursuant to this article is used only in connection with these responsibilities and is not otherwise disseminated without the consent of the person who provided the information to the department.
(b) The department may also make available to the United States Environmental Protection Agency any information required by law to be furnished to that agency. The sharing of information between the department and that agency pursuant to this article does not constitute a waiver by the department or of any affected person of any privilege or confidentiality provided by law that pertains to the information.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 4 - Investigatory Powers › Section 78455.

78455. If the owner or the owner’s authorized representative does not voluntarily grant access to a place, establishment, or property pursuant to this article, the officer, employee, representative, or designee shall first obtain a warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, if there is an emergency posing an immediate threat to public health and safety, the officer, employee, representative, or designee may enter the place, establishment, or property without the consent of the owner or owner’s authorized representative and without the issuance of a warrant.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 4 - Investigatory Powers › Section 78460.

78460. The department, and any person authorized by the department to enter upon any lands for the purpose of taking a response action pursuant to this part, shall not be held liable, in either a civil or criminal proceeding, for trespass or for any other acts that are necessary to carry out the response action.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 4 - Investigatory Powers › Section 78465.

78465. If a person intentionally or negligently fails to furnish and transmit to any officer or employee of the department, a representative of the director, or a person designated by the director any information required to be disclosed pursuant to this article, the department may issue an order directing compliance with the request. The order shall be issued only after notice and opportunity for consultation as is reasonably appropriate under the circumstances.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 4 - Investigatory Powers › Section 78470.

78470. Any person who commits any of the following acts shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each separate violation, or for continuing violations, for each day during which that violation continues:
(a) Intentionally or negligently makes any false statement or representation in any report or information furnished pursuant to this article.
(b) Intentionally or negligently fails to provide any information requested pursuant to this article.
(c) Refuses or prevents, without sufficient cause, any activity authorized pursuant to this article.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 5 - Protection of Trade Secrets › Section 78480.

78480. “Trade secrets,” as used in this article, 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.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 5 - Protection of Trade Secrets › Section 78485.

78485. Any person providing information pursuant to subdivision (a) of Section 78440 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.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 5 - Protection of Trade Secrets › Section 78490.

78490. 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 part 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.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 5 - Protection of Trade Secrets › Section 78495.

78495. Any person who knowingly and willfully disseminates information protected by this article or procedures established by the department pursuant to Section 78490 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.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 6 - Abandoned Sites › Section 78505.

78505. (a) The director shall notify, within 20 working days, each of the appropriate county health officers as to all the potential abandoned sites of which the department has knowledge or that the department is investigating for releases of hazardous substances that may have occurred or might be occurring at abandoned sites. The county health officers may request quarterly updates on the status of the investigations of these sites.
(b) As used in this section, “abandoned site” means an inactive disposal, treatment, or storage facility that cannot, with reasonable effort, be traced to a specific owner, a site whose owner is the subject of an order for relief in bankruptcy, or a location where a hazardous substance has been illegally disposed.
(c) Within 10 working days of the identification of an abandoned site, the department or a county health officer shall notify the other agency of the status of the site. The department and the county health officer shall inform the other agency of orders to fence and post these sites and the status of compliance with those orders. The department or the county health officers may request quarterly updates of the testing, enforcement action, and remedial or removal actions that are proposed or ongoing.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 7 - Laboratories › Section 78510.

78510. The analysis of any material that is required to demonstrate compliance with this part shall be performed by a laboratory accredited by the state board pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 8 - Technology Demonstration Program › Section 78525.

78525. Notwithstanding Section 79055, the department shall carry out a program of full-scale demonstrations to evaluate treatment technologies that can be safely utilized for removal and remedial actions to hazardous substance releases.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 8 - Technology Demonstration Program › Section 78530.

78530. For the purposes of this article, the following definitions apply:
(a) “Treatment technologies” means methods, techniques, or processes, including proprietary or patented methods, that permanently alter the composition of hazardous substances at hazardous substance release sites through chemical, biological, or physical means so as to make the substances nonhazardous or to significantly reduce the toxicity, mobility, or volume, or any combination of these characteristics, of the hazardous substances or contaminated materials being treated.
(b) “Full-scale demonstration” means a demonstration of a technology that is of a size or capacity that permits valid comparison of the technology to the technical performance and cost of conventional technologies, that is likely to be cost-effective, and that will result in a substantial or complete remedial or removal action to a hazardous substance release site.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 8 - Technology Demonstration Program › Section 78535.

78535. The department shall select technology demonstration projects to be evaluated pursuant to this article using criteria that include, at a minimum, all of the following requirements:
(a) The project proposal includes complete and adequate documentation of technical feasibility.
(b) The project proposal includes evidence that a technology has been sufficiently developed for full-scale demonstration and can likely operate on a cost-effective basis.
(c) The department has determined that a site is available and suitable for demonstrating the technology, taking into account the following:
(1) The physical, biological, chemical, and geological characteristics of the site.
(2) The extent and type of contamination found at the site.
(3) The capability to conduct demonstration projects in a manner to ensure the protection of human health and the environment.
(d) The technology to be demonstrated preferably has widespread applicability in removal and remedial actions at other sites in the state.
(e) The project will be developed to the extent that a successful demonstration on a hazardous substance release site may lead to commercial utilization by responsible parties at other sites in the state.
(f) The department has determined that adequate funding is available from one or more of the following sources:
(1) Responsible parties.
(2) The United States Environmental Protection Agency.
(3) The state account.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 8 - Technology Demonstration Program › Section 78540.

78540. The department shall identify hazardous substance release sites, listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4, that are particularly well-suited for technology demonstration projects. In identifying hazardous substance release sites, the department shall consider, at a minimum, all of the following:
(a) The state’s priority ranking for removal and remedial actions to hazardous substance release sites adopted pursuant to Article 5 (commencing with Section 78760) of Chapter 4.
(b) The volume and variability of the hazardous substance release at the site.
(c) The availability of data characterizing the hazardous substance release.
(d) The accessibility of the hazardous substance release.
(e) Availability of required utilities.
(f) Support of federal and local governments.
(g) Potential for adverse effects to public health and the environment.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 8 - Technology Demonstration Program › Section 78545.

78545. (a) The department shall annually, on or before July 1, publish a solicitation for proposals to conduct treatment demonstration projects that utilize technologies that are at a stage of development suitable for full-scale demonstrations at hazardous substance release sites. The solicitation notice shall prescribe information to be included in the proposal, including technical and economic data derived from the applicant’s own research and development efforts, and any other information that may be prescribed by the department to assess the technology’s potential and safety and the types of removal or remedial action to which it may be applicable.
(b) Any person, private entity, or public entity may submit an application to the department in response to the solicitation. The application shall contain a proposed treatment demonstration plan setting forth how the treatment demonstration project is to be carried out and any other information that the department may require.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 8 - Technology Demonstration Program › Section 78550.

78550. (a) On or before January 1, after reviewing all proposals submitted pursuant to Section 78545, the department shall annually select at least two treatment demonstration projects, to be commenced during that calendar year, using, at a minimum, the criteria specified in Section 78535.
(b) If the department determines that the required number of demonstrations required by subdivision (a) cannot be initiated consistent with the criteria specified in Section 78535 in any fiscal year, the department shall inform the appropriate committees of the Legislature of the reasons for its inability to conduct these demonstration projects.
(c) Each treatment demonstration project selected pursuant to this section shall be performed by the applicant, or by a person approved by the applicant and the department.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 8 - Technology Demonstration Program › Section 78555.

78555. Notwithstanding Section 79650, if the department determines that using an alternative treatment technology to conduct a removal or remedial action at a hazardous substance release site listed pursuant to Section 78760 would be more costly than another available and feasible removal or remedial action method that would also achieve satisfactory results, the department may determine not to attempt to recover from the liable person the incremental costs of the removal or remedial action attributable to the alternative treatment technology.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 8 - Technology Demonstration Program › Section 78560.

78560. (a) The department shall conduct a technology transfer program that shall include the development, collection, evaluation, coordination, and dissemination of information relating to the utilization of alternative or innovative hazardous substance treatment technologies demonstrated pursuant to this article.
(b) The information in subdivision (a) shall include all of the following:
(1) An evaluation of each treatment demonstration project’s efficacy relating to performance and cost in achieving permanent and significant reduction in risks from hazardous substance releases.
(2) Documentation of the testing procedures utilized in the project, the data collected, and the quality assurance and quality control that was conducted.
(3) The technology’s applicability, pretreatment and posttreatment measurements, and the technology’s advantages or disadvantages compared to other available technologies.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 8 - Technology Demonstration Program › Section 78565.

78565. Notwithstanding subdivision (e) of Section 79205, when preparing or approving a remedial action plan for a site listed pursuant to Section 78760, that has been selected for a treatment demonstration project pursuant to this article, the department shall consider the cost-effectiveness of the project but is not required to choose the most cost-effective measure.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 9 - Content of Biennial Report › Section 78575.

78575. (a) The department shall report to the Governor and the Legislature on the progress of the cleanup of the San Gabriel Valley groundwater sites in the County of Los Angeles, and on the progress of enforcement actions relating to those sites, in the biennial report specified in Section 25178. The report shall include, but not be limited to, all of the following:
(1) State expenditures and planned expenditures.
(2) Actions accomplished at the sites.
(3) Actions planned, including a time schedule for the accomplishment of planned actions.
(b) The report may be prepared in cooperation with other state and federal agencies involved with the sites, and shall include a summary of the activities of those additional agencies.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 9 - Content of Biennial Report › Section 78580.

78580. The department shall include in the biennial report specified in Section 25178 an accounting of the moneys expended pursuant to Section 78875.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 10 - Contracting › Section 78590.

78590. For purposes of this article, the following definitions shall apply:
(a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of engineering, architecture, environmental, landscape architecture, construction project management, or land surveying.
(b) “Prequalified list” means a short list of professional service firms that possess the qualifications established by the department to perform a specific type of professional service, with each firm ranked in order of its qualifications and costs, pursuant to subdivision (c) of Section 78600.
(c) “Professional service” includes a professional service of an engineering, architectural, environmental, landscape architectural, construction project management, land surveying, or similar nature, as well as an incidental service that members of these professions and those in their employ may logically or justifiably perform.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 10 - Contracting › Section 78595.

78595. Notwithstanding Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, the department may advertise and award a contract, in accordance with this article, for a professional service pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20, if the contract is individually in an amount equal to, or less than, one million dollars ($1,000,000).
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 10 - Contracting › Section 78605.

78605. (a) During the term of the prequalified list, as specific projects are identified by the department as being eligible for contracting under the procedures adopted pursuant to Section 78610, the department shall contact the highest ranked firm on the appropriate prequalified list to determine if that firm has sufficient staff and is available for performance of the project. If the highest ranked firm is not available, the department shall continue to contact firms on the prequalified list in order of rank until a firm that is available is identified.
(b) The department may enter into a contract for the services with a firm identified pursuant to subdivision (a), if the contract is for a total price that the department determines is fair and reasonable to the department and otherwise conforms to all matters and terms previously identified and established upon participation in the prequalified list.
(c) (1) If the department is unable to negotiate a satisfactory contract with a firm identified pursuant to subdivision (b), the department shall terminate the negotiations with that firm and the department shall undertake negotiations with the next ranked firm that is available for performance. If a satisfactory contract cannot be negotiated with the second identified firm, the department shall terminate these negotiations and the department shall continue the negotiation process with the remaining qualified firms, in order of their ranking, until the department negotiates a satisfactory contract.
(2) The department may award a contract to a firm on a prequalified list that is to be executed, including amendments, for a term that extends beyond the expiration date of that firm’s tenure on the prequalified list.
(3) If the department is unable to negotiate a satisfactory contract with a firm on two separate occasions, the department may remove that firm from the prequalified list.
(d) Once a satisfactory contract is negotiated and awarded to a firm from any prequalified list for a generic project category involving a site or facility investigation or characterization, a feasibility study, or a remedial design, for a specific response action or corrective action, including, but not limited to, a corrective action carried out pursuant to Section 25200.10, the department shall not enter into a contract with that firm for purposes of construction or implementation of any part of that same response action or corrective action.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 10 - Contracting › Section 78610.

78610. The department may adopt guidelines or regulations as necessary and consistent with this article, to define the manner of advertising, generic project categories, type, quantity and cost of services, qualification standards and evaluation criteria, content and submittal requirements for statements of qualification, procedures for ranking of firms and administration of the prequalified list, the scope of matters addressed by participation on a prequalified list, manner of notification of, negotiation with, and awarding of contracts to, prequalified firms, and procedures for protesting the award of contracts under this article, or any other matter that is appropriate for implementation of this article.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 10 - Contracting › Section 78615.

78615. Any removal or remedial action taken or contracted by the department pursuant to Section 78870 or 78875 is exempt from this article.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 10 - Contracting › Section 78620.

78620. This article does not exempt any contract from compliance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 1 - General Powers of Director › Section 78650.

78650. When the director determines that a release of a hazardous substance has occurred or is about to occur, the director may do any or all of the following:
(a) Undertake those investigations, monitoring, surveys, testing, and other information gathering necessary to identify the existence, source, nature, and extent of the hazardous substances involved and the extent of danger to the public health or environment.
(b) Undertake those planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations that are necessary or appropriate to plan and direct response actions, to recover the cost of those actions, and to enforce this part.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 1 - General Powers of Director › Section 78660.

78660. (a) Whenever there is a release or threatened release of a hazardous substance, the director may request the Attorney General to secure relief as may be necessary from the responsible party to abate the release or threatened release. The superior court of the county in which the release or threatened release occurs has jurisdiction to grant the relief that the public interest and equities of the case may require to protect the public health and safety and the environment. Upon a showing by the department that a release or threatened release of a hazardous substance has occurred or is occurring, and that there may be an imminent or substantial endangerment to the public health and safety or to the environment, the court may grant a temporary restraining order or a preliminary or permanent injunction.
(b) Upon the failure of any person to comply with any order issued by the department pursuant to this article, Section 78870, or Section 79055, the director may request the Attorney General to petition the superior court for the issuance of an injunction requiring that person to comply with the order. The superior court shall have jurisdiction to grant a temporary restraining order or a preliminary or permanent injunction.
(c) In any civil action brought pursuant to this part in which a temporary restraining order or a preliminary or permanent injunction is sought, the department shall prove that the defendant is a responsible party and that there is a release or threatened release of a hazardous substance. It shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order or the preliminary or permanent injunction not be issued, or that the remedy at law is inadequate. The temporary restraining order or the preliminary or permanent injunction shall issue without those allegations and without that proof.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 1 - General Powers of Director › Section 78665.

78665. Any person who refuses or prevents, without sufficient cause, any activity authorized pursuant to this article or Section 78870 shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each separate violation, or for continuing violations, for each day during which that violation continues.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 2 - Reporting Requirement › Section 78675.

78675. (a) A person shall not release, or allow or cause a release of, a reportable quantity of a hazardous substance into the environment that is not authorized or permitted pursuant to state law.
(b) Any release of a reportable quantity of hazardous substance shall be reported to the department in writing within 30 days of discovery, unless any of the following apply:
(1) The release is permitted or in the permit process.
(2) The release is authorized by state law.
(3) The release requires immediate reporting to the Office of Emergency Services pursuant to Section 11002 or 11004 of Title 42 of the United States Code, or pursuant to Section 25510.
(4) The release has previously been reported to the department or the Office of Emergency Services.
(5) The release occurred prior to January 1, 1994.
(c) For the purposes of this article, “reportable quantity” means either of the following:
(1) The quantity of a hazardous substance established in Part 302 (commencing with Section 302.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations, the release of which requires notification pursuant to that part.
(2) Any quantity of a hazardous substance that is not reportable pursuant to paragraph (1), but that may pose a significant threat to public health and safety or to the environment. The department may establish guidelines for determining which releases are reportable under this paragraph.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 2 - Reporting Requirement › Section 78680.

78680. (a) The owner of property on which a reportable release has occurred and any person who releases, or causes a reportable release and who fails to make the written report required by subdivision (b) of Section 78675, shall be liable for a penalty not to exceed twenty-five thousand dollars ($25,000) for each separate violation and for each day that a violation continues. Each day on which the released hazardous substance remains is a separate violation unless the person has either filed the report or is in compliance with an order issued by a local, state, or federal agency with regard to the release.
(b) Liability under this article may be imposed in a civil action or may be administratively imposed by the department pursuant to Article 4 (commencing with Section 79590) of Chapter 7.
(c) If the violation of subdivision (b) of Section 78675 results in, or significantly contributes to, an emergency, including, but not limited to, a fire, to which a county, city, or district is required to respond, the responsible party may be assessed the full cost of the emergency response by the city, county, or district.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 3 - Disclosure Requirement › Section 78700.

78700. Any owner of nonresidential real property who knows, or has reasonable cause to believe, that any release of hazardous substance has come to be located on or beneath that real property shall, prior to the sale, lease, or rental of the real property by that owner, give written notice of that condition to the buyer, lessee, or renter of the real property. Failure of the owner to provide written notice when required by this section to the buyer, lessee, or renter shall subject the owner to actual damages and any other remedies provided by law. In addition, where the owner has actual knowledge of the presence of any release of a material amount of a hazardous substance and knowingly and willfully fails to provide written notice to the buyer, lessee, or renter, as required by this section, the owner is liable for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 3 - Disclosure Requirement › Section 78705.

78705. Any lessee or renter of real property who knows or has reasonable cause to believe that any release of a hazardous substance has come or will come to be located on or beneath that real property shall, within a reasonable period of time, either prior to the release or following the discovery by the lessee or renter of the presence or believed presence of the hazardous substance release, give written notice of that condition to the owner of the real property or to the lessor under the lessee’s or renter’s lease or rental agreement.
(a) A lessee or renter who fails to provide written notice when required by this section to the owner or lessor is subject to actual damages and any other remedy provided by law.
(b) If the lessee or renter has knowledge of the presence of a release of a material amount of a hazardous substance, or of a hazardous substance release that is required to be reported to a state or local agency pursuant to law, on or under the real property leased or rented by the lessee or renter and knowingly and willfully fails to provide written notice when required by this section to the owner or lessor, both of the following shall apply:
(1) The failure is deemed to constitute a default, upon the owner’s or lessor’s written notice to the lessee or renter, under the lessee’s or renter’s lease or rental agreement, except that this paragraph does not apply to lessees and renters of property used exclusively for residential purposes.
(2) The lessee or renter is liable for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation.
(c) A lessee or renter may cure a default under the lessee’s or renter’s lease or rental agreement that resulted from a violation of this section, by promptly commencing and completing the removal of, or taking other appropriate remedial action with respect to, the hazardous substance release. The removal or remedial action shall be conducted in accordance with all applicable laws and regulations and in a manner that is reasonably acceptable to, and that is approved in writing by, the owner or lessor. This subdivision does not relieve the lessee or renter of any liability for actual damages or for any civil penalty for a violation of this section.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 4 - Securing Site of Release › Section 78720.

78720. After making a determination, based upon a preliminary site assessment that there has been a release of a hazardous substance on, under, or into the land on a site, the department or a county health officer shall order the property owner to secure the site if all of the following conditions apply to that site:
(a) The release does not comply with the terms of a current permit or interim status document or regulation of the department.
(b) The site poses a public health risk if human contact is made with the hazardous substance or the surrounding contaminated area.
(c) There is a likelihood of human or domestic animal contact.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 4 - Securing Site of Release › Section 78725.

78725. (a) The order to secure the site shall require, within five days after receiving notification of the order, the posting of the site with signs. The order shall also require, within five days after receiving notification of the order, that the site be enclosed with a fence, unless it is physically and economically infeasible or unless the fencing is unnecessary because it will not alleviate the danger to the public health.
(b) If fencing is ordered, the fences shall be maintained at the site to prevent unauthorized persons from gaining access to the site. The signs shall be maintained and shall meet all of the following requirements:
(1) The signs shall be bilingual, appropriate to the local area, and may include international symbols, as required by the department.
(2) The signs shall have lettering that is legible from a distance of at least 25 feet.
(3) The signs shall read: “Caution: Hazardous Substance Area, Unauthorized Persons Keep Out” and shall have the name and phone number of the department or the county health officer that ordered the posting.
(4) The signs shall be visible from the surrounding contaminated area and posted at each route of entry into the site, including those routes that are likely to be used by unauthorized persons, at access roads leading to the site, and facing navigable waterways where appropriate.
(5) The signs shall be of a material able to withstand the elements.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 4 - Securing Site of Release › Section 78730.

78730. The department or the county health officer shall advise other agencies on the public health risks and the need for fencing and posting of sites when those agencies confirm the release of a hazardous substance pursuant to Section 78720.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 4 - Securing Site of Release › Section 78735.

78735. (a) A property owner who fails to comply with an order of the department or the county health officer is subject to a civil penalty of up to twenty-five thousand dollars ($25,000). In determining the amount of a civil penalty to be imposed, the court shall consider all relevant circumstances, including, but not limited to, the economic assets of the property owner and whether the property owner has acted in good faith.
(b) If the property owner fails to secure and post the site, the department or the county health officer shall secure and post the site pursuant to subdivision (a) of Section 78725 within 30 days of the expiration of the five-day period and shall seek recovery of the costs of that securing and posting from the property owner. If the site is an abandoned site, as defined in Section 78505, if the site cannot be traced to a specific owner, or if the owner is the subject of an order for relief in bankruptcy, the department or the county health officer shall secure and post the site, using any source of funds, pursuant to subdivision (a) of Section 78725.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 4 - Securing Site of Release › Section 78740.

78740. The remedies and penalties specified in this article and Section 78505 are in addition to, and do not affect, any other remedies, enforcement actions, requirements, or penalties otherwise authorized by law.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 4 - Releases of Hazardous Substances › ARTICLE 5 - Listing of Hazardous Substance Release Sites › Section 78760.

78760. (a) The department shall publish and revise, at least annually, a listing of the hazardous substance release sites selected for, and subject to, a response action under this part.
(b) The department shall list the sites based upon the criteria adopted pursuant to Section 78765 and the extent to which deferral of a response action at a site will result, or is likely to result, in a rapid increase in response costs at the site or in a significant increase in risk to human health or safety or the environment.
(c) The department shall list sites alphabetically within each priority tier, as specified in Section 78770, and shall update the list of sites at least annually to reflect new information regarding previously listed sites or the addition of new sites requiring response actions.
(d) The list of sites established pursuant to this section shall be published by the department and made available to the public or any interested person upon request and without cost.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)