reglab/statecodes huggingface dataset:
2023 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 2 - Definitions › Section 25395.67.

25395.67. “Appropriate care” means either of the following:
(a) The performance of a response action, with respect to hazardous materials found at a site, for which the agency makes the determination specified in paragraph (1) of subdivision (c) of Section 25395.96 and that meets all of the following conditions:
(1) The response action is determined by an agency to be necessary to prevent an unreasonable risk to human health and safety or the environment, as defined in Section 25395.90.
(2) The response action is performed in accordance with a response plan approved by the agency pursuant to Article 6 (commencing with Section 25395.90).
(3) The approved response plan includes a provision for oversight and approval of the completed response action by the agency pursuant to Article 6 (commencing with Section 25395.90).
(b) A determination that no further action is required pursuant to Section 25395.95.
(Amended by Stats. 2005, Ch. 22, Sec. 122. Effective January 1, 2006. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 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 2 - Definitions › Section 25395.68.

25395.68. “Board” means the State Water Resources Control Board.
(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 Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 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 2 - Definitions › Section 25395.69.

25395.69. (a) “Bona fide purchaser” means a person, or a tenant of a person, who acquires ownership of a site on or after January 1, 2005, and who establishes all of the following by a preponderance of the evidence:
(1) All releases of the hazardous materials at issue at the site occurred before the person acquired the site, except as described in paragraph (2).
(2) All of the conditions of Section 25395.80 to qualify as a bona fide purchaser have been met.
(3) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release or threatened release at the site through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instrument by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was potentially liable for the release or threatened release of hazardous materials at the site.
(b) For purposes of this section, “release” does not include passive migration.
(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.)
2023 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 2 - Definitions › Section 25395.70.

25395.70. (a) “Contiguous property owner” means a person who owns a site that is adjacent to or otherwise similarly situated with respect to another site that is, or may be, contaminated by a release or threatened release of a hazardous material and that is not owned by that person, and who demonstrates, by a preponderance of the evidence, all of the following:
(1) The person did not cause, contribute, or consent to the release or threatened release.
(2) At the time the person acquired the property, the person made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.
(3) All of the conditions of Section 25395.80 to qualify as a contiguous property owner have been met.
(4) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release at issue through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instruments by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was potentially liable for the hazardous materials.
(b) For purposes of this section, “release” does not include passive migration.
(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.)
2023 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 2 - Definitions › Section 25395.71.

25395.71. “Department” means the Department of Toxic Substances Control.
(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.)
2023 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 2 - Definitions › Section 25395.72.

25395.72. “Endangerment” means a condition that poses an actual and unreasonable risk to human health and safety arising from actual or threatened exposure to hazardous materials.
(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.)
2023 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 2 - Definitions › Section 25395.73.

25395.73. “Fair market value” means the price a seller is willing to accept and a buyer willing to pay on the open market and in an arm’s length transaction.
(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.)
2023 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 2 - Definitions › Section 25395.74.

25395.74. “Hazardous material” has the same meaning as defined in subdivision (d) of Section 25260.
(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.)
2023 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 2 - Definitions › Section 25395.75.

25395.75. (a) “Innocent landowner” means a person who owns a site, did not cause or contribute to a release or threatened release at the site, meets the conditions to qualify as an “innocent landowner” specified in Section 25395.80, and is any one of the following:
(1) A person who, at the time the person acquired the property, made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.
(2) A government entity that acquired property by escheat, or through any another involuntary transfer acquisition, or through the exercise of eminent domain authority by purchase or condemnation, or by means of a lien arising from delinquent taxes, assessments, or charges.
(3) A person who acquired the property by inheritance or bequest.
(4) A person who qualifies for the defense from liability under Section 107(b) of the federal act (42 U.S.C. Sec. 9607(b)).
(b) For purposes of this section, “release” does not include passive migration.
(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.)
2023 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 2 - Definitions › Section 25395.76.

25395.76. “Land use control” means a recorded instrument executed pursuant to Section 1471 of the Civil Code that restricts or imposes obligations on the present or future uses or activities on a site, including, but not limited to, recorded easements, covenants, restrictions or servitudes, or any combination thereof.
(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.)
2023 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 2 - Definitions › Section 25395.77.

25395.77. “Passive migration” means the leaking, leaching or movement of a hazardous material into or through the environment, for which no human activity by the bona fide purchaser, innocent landowner, or contiguous property owner preceded the initial entry of that substance into the environment.
(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.)
2023 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 2 - Definitions › Section 25395.78.

25395.78. “Regional board” means a California regional water quality control board.
(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.)
2023 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 2 - Definitions › Section 25395.79.

25395.79. “Release” has the same meaning as defined in subdivision (a) of Section 78105.
(Amended by Stats. 2022, Ch. 258, Sec. 80. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 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 2 - Definitions › Section 25395.79.1.

25395.79.1. “Response plan” means a written plan submitted to an agency pursuant to Section 25395.96.
(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.)
2023 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 2 - Definitions › Section 25395.79.2.

25395.79.2. (a) “Site” means real property located in an urban infill area for which the expansion, redevelopment, or reuse may be complicated by the presence or perceived presence of hazardous materials.
(b) “Site” does not include any of the following:
(1) A facility that is listed or proposed for listing on the National Priorities List established under Section 105 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sec. 9605).
(2) A site on the list maintained by the department pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45.
(3) A site that is solely impacted by a petroleum release from an underground storage tank eligible for reimbursement from the California Underground Storage Tank Cleanup Fund.
(c) For purposes of this section, the following definitions shall apply:
(1) “Infill area” means a vacant or underutilized lot of land within an urban area that has been previously developed or that is surrounded by parcels that are or have been previously developed.
(2) “Urban area” means either of the following:
(A) An incorporated city.
(B) An unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria:
(i) The population of the unincorporated area and the population of the surrounding incorporated cities is equal to a population of 100,000 or more.
(ii) The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities.
(Amended by Stats. 2022, Ch. 258, Sec. 81. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 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 3 - Liability › Section 25395.80.

25395.80. For purposes of this chapter, to qualify as a bona fide purchaser, innocent landowner, or contiguous property owner a person shall establish, by a preponderance of the evidence, all of the following conditions:
(a) On or before the date on which the person acquired the site, the person made all appropriate inquiries into the previous ownership and uses of the site.
(b) The person exercises appropriate care with respect to the release or threatened release of hazardous materials at the site.
(c) The person provides full cooperation, assistance, and access to a person who is authorized to conduct response actions or natural resource restoration at the site, including the cooperation and any access necessary for the installation, integrity, operation, and maintenance of complete or partial response actions or natural resource restoration at the site.
(d) The person complies with land use controls established or relied on, in connection with an approved response action at the site, and does not impede the effectiveness or integrity of any aspect of any remedy employed at the site in connection with a response action.
(e) The person complies with all requests for information or an administrative subpoena concerning the release or threatened release of hazardous substances by any agency with jurisdiction under an applicable statute.
(f) The person provides all notices and satisfies reporting requirements required by state or federal law with respect to the discovery or release of hazardous substances at the site.
(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.)
2023 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 3 - Liability › Section 25395.83.

25395.83. (a) If there are unrecovered costs incurred by an agency at a site for which an owner of the site is not liable as an innocent landowner, bona fide purchaser, or contiguous property owner, an agency shall have a lien on the site, or may, by agreement with the owner, obtain from the owner a lien on other property or other assurance of payment for the unrecovered response costs, subject to all of the following requirements:
(1) A response action for which there are unrecovered costs of the agency is carried out at the site.
(2) The response action increased the fair market value of the site above the fair market value of the site that existed before the response action was initiated.
(b) The lien may include costs that are first incurred by the agency with respect to a response action at the site.
(c) The lien amount shall not exceed the increase in fair market value of the property attributable to the response action at the time of a sale or other disposition of the property, and shall not exceed the unrecovered response costs actually incurred by the agency.
(d) The lien shall continue until the earlier of satisfaction of the lien by sale or other means, or recovery of all response costs incurred by the agency at the site. Once the amount of the lien is satisfied in full, the agency shall record satisfaction on lien on the real property.
(e) The notice of the lien shall be recorded in the official records of the county recorder’s office for the county in which the real property is located.
(f) A lien imposed under this section shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien is located.
(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.)
2023 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 3 - Liability › Section 25395.84.

25395.84. (a) A court of competent jurisdiction may award reasonable attorneys’ fees and experts’ fees to a person who initiates a claim under an applicable law for contribution for, or recovery of, response costs incurred for a response action, or for any other response costs incurred at a site, if the person meets all of the following criteria:
(1) The person is a bona fide purchaser, an innocent landowner, a contiguous property owner, or a bona fide ground tenant, as defined in subdivision (b) of Section 25395.102, and qualifies for immunity pursuant to this chapter.
(2) The person is a prevailing party.
(3) On or before 20 calendar days prior to the date of the trial on issues relating to the response costs at issue, the person serves on the defendant both of the following:
(A) If a response plan has been approved for that site pursuant to Article 6 (commencing with Section 25395.90) or Article 7 (commencing with Section 25395.102), as applicable, a copy of the approved response plan.
(B) A written demand for compensation setting forth the specific sum demanded from the defendant, including a statement of the reasoning supporting the demand. The amount of written demand shall include all response costs sought from the defendant at issue, including all interest, but shall not include litigation expenses, attorneys’ fees, and experts’ fees. The amount of the demand may include any alleged consequential damages.
(b) ln determining whether to award reasonable attorneys’ fees and experts’ fees pursuant to this section, a court shall consider the relationship of the amount of the written demand described in subparagraph (B) of paragraph (3) of subdivision (a) to the total sum of the response costs and, if appropriate and included in the demand, the consequential damages in the written demand, to the final determination of the costs and damages by the trier of fact.
(c) A court may award reasonable attorneys’ fees and experts’ fees to an agency that is the prevailing party in an action arising out of this chapter.
(Amended by Stats. 2006, Ch. 510, Sec. 1. Effective January 1, 2007. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 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 3 - Liability › Section 25395.85.

25395.85. An innocent landowner, bona fide purchaser, contiguous landowner, or bona fide ground tenant, as defined in subdivision (b) of Section 25395.102, may seek contribution from any person who is responsible for a discharge or release of hazardous materials for which the innocent landowner, bona fide purchaser, contiguous landowner, or bona fide ground tenant incurs agency oversight costs for the review of a response plan or oversight of the implementation of a response plan subject to this chapter.
(Amended by Stats. 2006, Ch. 510, Sec. 2. Effective January 1, 2007. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 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 3 - Liability › Section 25395.86.

25395.86. (a) This chapter does not provide immunity from any of the following:
(1) Liability for bodily injury or wrongful death.
(2) Any requirement imposed under Chapter 6.5 (commencing with Section 25100), including, but not limited to, corrective action and closure and postclosure requirements.
(3) Criminal acts.
(4) Permit violations.
(5) Contractual indemnity agreements between purchasers and sellers of real property.
(6) New releases of hazardous materials that are caused or contributed to by an innocent landowner, bona fide purchaser, or contiguous property owner.
(b) This chapter shall not apply as a defense or immunity to any action taken by a redevelopment agency pursuant to Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24.
(c) This chapter does not limit the authority of an agency to conduct a response action it determines is necessary to protect public health and safety or the environment pursuant to an applicable statute.
(d) This chapter does not preclude a state or local agency that is taking property by eminent domain, negotiating to acquire property in lieu of taking it by eminent domain, or considering the taking of property through the exercise of eminent domain authority, from evaluating the impact on the value of the property resulting from a release or threatened release of any hazardous material, from incorporating that evaluation into any offer of compensation for that property, or from presenting that evaluation at a trial or other proceeding to establish the value of the property.
(e) This chapter does not do either of the following:
(1) Limit a defense to liability that may be available to a person under any other provision of law.
(2) Impose any new obligation on an owner of real property other than those specifically assumed by the owner under an agreement entered into pursuant to Article 6 (commencing with Section 25395.90).
(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.)
2023 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 5 - Information and Reports › Section 25395.87.

25395.87. (a) On or before March 31, 2005, the California Environmental Protection Agency shall develop a form that, upon approval of a response plan, shall be completed and submitted to the agency by a bona fide purchaser or innocent landowner who qualifies for immunity pursuant to this chapter. The form shall include, but is not required to be limited to, all of the following information:
(1) A description of the site, including its address and location.
(2) A description of the type and extent of hazardous materials releases and threatened releases identified for response at the site pursuant to a response plan.
(3) An estimate of the cost of the response action to be undertaken pursuant to a response plan.
(4) A description of the present and proposed use of the site, including current and potential future zoning and land use designations.
(5) A description of any land use restrictions, covenants, deed restrictions or other conditions imposed on the site owned by a party who qualifies for immunity pursuant to this chapter.
(6) A description and the concentrations of the release and threatened releases specified in paragraph (2) that will not be remediated pursuant to the response plan.
(b) On or before January 1, 2006, and annually thereafter, the California Environmental Protection Agency shall, to the extent that resources are available, compile the information submitted pursuant to this section and post a report of its findings on its Web site. The posted report shall compare the data collected pursuant to this section with information collected prior to January 1, 2005, to the extent that this information is available.
(c) The report posted pursuant to subdivision (b) shall, to the extent practicable, compare the number and quality of response actions completed pursuant to this chapter with similar response actions completed prior to its enactment, and shall evaluate the impact of the benefit of this chapter’s immunities on the acquisition and development of properties.
(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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.90.

25395.90. (a) Except as otherwise expressly provided in this article, the definitions in Article 2 (commencing with Section 25395.63) apply to the terms used in this article.
(b) “Action level” has the same meaning as defined in paragraph (1) of subdivision (c) of Section 116455.
(c) “Host jurisdiction” means the city or county in which the site is located and which has the authority to take action regarding the site pursuant to Title 7 (commencing with Section 65000) of the Government Code.
(d) “Unreasonable risk” at a site means that a condition at a site requires a response action pursuant to Part 2 (commencing with Section 78000) of Division 45 of this code or Division 7 (commencing with Section 13000) of the Water Code.
(Amended by Stats. 2022, Ch. 258, Sec. 82. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.91.

25395.91. (a) Only the following are eligible to enter into an agreement pursuant to this article:
(1) A bona fide purchaser, innocent landowner, or contiguous property owner who meets the requirements specified in Section 25395.80.
(2) A prospective purchaser who is in contract to acquire a site through a purchase agreement, option agreement, or otherwise, and satisfies the requirements of Section 25395.69, except for any provision that requires current ownership of the site. However, a prospective purchaser who enters into an agreement pursuant to this article shall not receive the immunities provided in Section 25395.81 until the time that the prospective purchaser acquires the site.
(b) An agreement entered under this article is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, including, but not limited to, Section 10295 of the Public Contract Code.
(Amended by Stats. 2009, Ch. 167, Sec. 1. (SB 143) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.92.

25395.92. (a) A bona fide purchaser, innocent landowner, or contiguous property owner who seeks to qualify for the immunity provided by this chapter shall enter into an agreement with an agency pursuant to this article that includes the performance of a site assessment, and, if the agency determines that a response plan is necessary pursuant to Section 25395.96, the preparation and implementation of a response plan.
(b) Before finalizing the agreement, the requested agency shall notify other appropriate agencies, including the host jurisdiction.
(c) A person who enters into an agreement with an agency pursuant to this section shall submit sufficient information to the agency for the agency to determine whether the site is an eligible site, whether the person meets the conditions to qualify as a bona fide purchaser, innocent landowner, or contiguous property owner pursuant to this chapter, and to prepare an agreement pursuant to this section.
(d) (1) A person who enters into an agreement pursuant to this section shall agree to take all actions required for a response action pursuant to Part 2 (commencing with Section 78000) of Division 45 and Division 7 (commencing with Section 13000) of the Water Code. These actions may include actions necessary to prevent an unreasonable risk before the approval of a response plan.
(2) In determining whether there is unreasonable risk at a site for purposes of this subdivision, the agency shall take into account the intended use of the property, in accordance with any changed use of the property, as specified in subdivision (d) of Section 25395.96.
(Amended by Stats. 2022, Ch. 258, Sec. 83. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.93.

25395.93. (a) A person may withdraw from an agreement entered into pursuant to this article by providing a 30-day written notice to the agency and doing both of the following:
(1) Reimbursing the agency for all costs incurred by the agency pursuant to the agreement.
(2) Demonstrating to the satisfaction of the agency that conditions at the site to which the agreement applies do not pose an endangerment to public health and safety or the environment. If the agency determines that conditions at the site pose an endangerment to public health, safety, or the environment, this article does not prevent the agency from exercising its authority to take appropriate response actions or to cause the person or persons responsible for the endangerment to take appropriate response actions.
(b) A person who enters into an agreement with an agency pursuant to this article shall reimburse the agency for all agency costs, including, but not limited to, costs incurred while reviewing a site assessment plan or a response plan or overseeing the implementation of a site assessment or response plan by the person pursuant to this article, except that the department’s costs shall be reimbursed pursuant to Chapter 6.66 (commencing with Section 25269) and shall be recoverable pursuant to Section 79650.
(c) The entry into an agreement pursuant to this article shall not constitute an admission of fact or liability or conclusion of law for any purpose or proceeding and a person who enters into an agreement under this article shall not be deemed liable under any other provision of law solely by reason of entering into that agreement.
(d) If the conditions described in paragraph (1) of subdivision (c) of Section 25395.81 or in subdivision (d) of Section 25395.81 occur, an agency may withdraw from an agreement entered into pursuant to this chapter by providing a 30-day written notice to the other party.
(Amended by Stats. 2022, Ch. 258, Sec. 84. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.94.

25395.94. (a) (1) A person who enters into an agreement pursuant to this article with an agency for the oversight of a site assessment shall submit a site assessment plan to the agency to conduct a site assessment of the site in accordance with the requirements of this section.
(2) If the agency requires a health risk assessment as part of that agreement, the health assessment shall be prepared in accordance with Sections 79265, 79270, and subdivision (a) of Section 79275.
(b) The site assessment plan shall provide for the evaluation of all of the following:
(1) Whether a release of hazardous materials has occurred at the site, a threat of a release of hazardous materials exists at the site, or there is a threat of a release of hazardous materials from the site.
(2) If a release or threatened release of hazardous materials exists at the site or there is a release or a threatened release from the site, whether the release or threatened release poses an unreasonable risk to public health and safety or the environment.
(c) The site assessment plan shall also include all of the following:
(1) Adequate characterization of the hazardous materials released or threatened to be released at, or from, the site and documentation of the findings.
(2) Reasonably available information about the site, including, where appropriate, a risk assessment that evaluates the risk posed by any hazardous materials released or threatened to be released at, or from, the site, and information regarding reasonably anticipated foreseeable uses of the site based on current and projected land use and zoning designations.
(3) If the release has impacted groundwater, reasonable characterization of underlying groundwater, including present and anticipated beneficial uses of that water.
(d) A person shall submit the site assessment plan to the agency for review and approval.
(e) The agency shall evaluate the adequacy of the site assessment plan to ensure that it contains all necessary information.
(f) After evaluating the site assessment plan, if the agency finds that the site assessment plan is adequate, the agency shall approve the site assessment plan and provide notification to appropriate persons, including notification of any public water system that relies on impacted groundwater for public drinking water purposes.
(Amended by Stats. 2022, Ch. 258, Sec. 85. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.95.

25395.95. (a) After implementation of the site assessment plan, the person shall submit to the agency a report of the findings made pursuant to the plan. Based upon a review of this information, the agency shall determine whether a response action is necessary to address any unreasonable risk from hazardous materials at the site.
(b) If the agency determines that there is no unreasonable risk at the site and that there are no hazardous materials at the site at levels that are not suitable for unrestricted use of the site, the agency shall make a finding that no further action is necessary at the site.
(c) If the agency determines that there are hazardous materials at the site at levels that are not suitable for unrestricted use, but that are suitable for the reasonably anticipated foreseeable use of the site based on current and projected land use and zoning designations, the agency shall find that no further action is necessary at the site except that a land use control that imposes appropriate restrictions pursuant to Section 25395.99 shall be executed and recorded and the public comment and participation requirements of Section 25395.96 shall be met before the execution and recording of any land use control. On or before 15 days after the date when the land use control is recorded pursuant to Section 25395.99, the agency shall state in writing that this act constitutes “appropriate care” for the purposes of Section 25395.67.
(Amended by Stats. 2005, Ch. 22, Sec. 124. Effective January 1, 2006. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.97.

25395.97. (a) Except as provided in Section 25395.99, the agency shall issue a certificate of completion upon determining that all response actions have been satisfactorily completed in accordance with an approved response plan.
(b) Notwithstanding subdivision (a), the agency shall issue a certificate of completion when a response action plan includes long-term obligations that have not been completed, including operation and maintenance requirements or monitoring, only if the agency makes all of the following determinations:
(1) All response actions, other than long-term operation and maintenance at the site, have been completed.
(2) The person has submitted an adequate long-term operation and maintenance plan and has demonstrated initial compliance.
(c) If the agency determines that long-term operation and maintenance is required at a site, the agency may, as a condition of issuing a certificate of completion, enter into an operation and maintenance agreement with the person that governs the long-term operation and maintenance activities and that provides for adequate financial assurance.
(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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.98.

25395.98. A person who acquires a property from an innocent landowner, bona fide purchaser, or contiguous property owner, and the property was previously issued a certificate of completion or no further action determination, may qualify as a bona fide prospective purchaser or contiguous property owner by demonstrating to the agency that the person meets all of the qualifying conditions of Section 25395.80 and either Section 25395.69 or 25395.70, as applicable.
(Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.99.

25395.99. (a) A response plan may require the use of a land use control that imposes appropriate conditions, restrictions, and obligations on land use or activities, if, after completion of the removal and remedial actions specified in the response plan, hazardous materials remain at the site at a level that is not suitable for the unrestricted use of the site.
(b) Except as provided in subdivision (c), if the agency approves a response plan that requires the use of a land use control, the land use control shall be executed by the landowner and recorded by the landowner in the office of the county recorder in each county in which all, or a portion of, the land is located within 10 days of the date of execution.
(c) An agency shall not issue a certificate of completion to a person who submits a response plan that is approved by the agency and that requires the use of a land use control, until the agency receives a certified copy of the recorded land use control. If the site that requires the land use control does not have an owner, or the agency determines the owner is incapable of executing a land use control in accordance with this section, the agency may record in the county records a “Notice of Land Use Restriction” that has the same effect as any other land use control executed pursuant to this section, and that is subject to the variance and termination procedures specified in subdivision (f).
(d) Notwithstanding any other provision of law, a land use control that is executed pursuant to this section and that is recorded so as to provide constructive notice shall run with the land from the date of recordation, is binding upon all of the owners of the land, and their heirs, successors and assignees, and the agents, employees, or lessees of the owners, heirs, successors and assignees, and is enforceable pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5.
(e) Notwithstanding any other provision of law, a land use control executed pursuant to this section is subject to Section 57012.
(f) A land use control imposed pursuant to this section is subject to the variance and removal procedures specified in Sections 25223 and 25224.
(Amended by Stats. 2012, Ch. 39, Sec. 75. (SB 1018) Effective June 27, 2012. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.100.

25395.100. To the extent consistent with the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may exclude any portion of a response action conducted entirely onsite from the hazardous waste facilities permit requirements of Sections 25200.3, 25201, and 25201.6, if both of the following apply:
(a) The response action is carried out pursuant to an approved response plan.
(b) The response plan specifies that the response action will be conducted in compliance with the standards, requirements, criteria, or limitations applicable to the construction, operation, and closure of the type of facility at the site, as necessary to prevent an unreasonable risk to public health and safety or the environment and any other condition imposed by the agency.
(Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 6 - Streamlined Site Investigation And Response Plan Agreements › Section 25395.101.

25395.101. (a) Except as expressly provided in this article, this article does not affect the authority of an agency to issue an order or take any other action under any provision of law to protect public health and safety or the environment.
(b) Except as otherwise expressly provided in this article, this article does not affect the authority of the agency or any other public agency to pursue any existing legal, equitable, or administrative remedies pursuant to state or federal law.
(c) Except as otherwise expressly provided in this article, Part 2 (commencing with Section 78000) of Division 45 does not apply to this article.
(d) If a local agency determines that, due to an emergency, it is necessary to gain access to a site that is the subject of a finding of no further action or a certificate of completion, the person who has obtained immunity pursuant to this chapter with regard to that site shall allow the local agency access to the site to take any action necessary to mitigate that emergency, or take any other necessary response action. However, that person shall not be required to pay for, or undertake, any of those actions taken by or required by the local agency, unless the person caused or contributed to the release at the site that constituted the emergency.
(Amended by Stats. 2022, Ch. 258, Sec. 86. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.82 - California Land Reuse and Revitalization Act of 2004 › ARTICLE 7 - Bona Fide Ground Tenant Immunity › Section 25395.105.

25395.105. (a) Notwithstanding subdivision (b) of Section 25395.102, on and after the date when the immunity specified in Section 25395.104 attaches, a person shall remain eligible for immunity if a release of hazardous materials at the site during a response action is de minimis and the agency determines that all necessary response actions to address the release have been taken.
(b) Notwithstanding subdivision (b) of Section 25395.102 with respect to a release of hazardous materials at the site that is not characterized in or through the site investigation or the response plan, a person shall remain eligible for the immunity provided in Section 25395.104, if the person takes response actions with respect to the release of hazardous materials that the agency determines to be necessary to prevent unreasonable risk to the human health and safety of the intended site occupants specified in the agreement entered into pursuant to this article.
(c) Notwithstanding subdivision (b) of Section 25395.102, on and after the date when the immunity specified in Section 25395.104 attaches, a person shall remain eligible for immunity obtained pursuant to this article with regard to a release that is the subject of a certificate of completion and immunities issued pursuant to Section 25395.104. If the person causes or contributes to a release of a hazardous material, other than a de minimis release, the person shall be responsible for responding to that release in accordance with all applicable law.
(Repealed and added by Stats. 2006, Ch. 510, Sec. 4. Effective January 1, 2007. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)