reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 8 - Liability of Operator for Household Hazardous Waste or Used Oil Collection Program › Section 79840.

79840. For purposes of this article, “household hazardous waste collection program” means a program or facility, specified in Section 25218.1, in which hazardous wastes from households and very small quantity generators are collected and ultimately transferred to an authorized hazardous waste treatment, storage, or disposal facility.
(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 8 - Cost Recovery › ARTICLE 8 - Liability of Operator for Household Hazardous Waste or Used Oil Collection Program › Section 79845.

79845. A public agency operating a household hazardous waste collection program or a person operating a household hazardous waste collection program under a written agreement with a public agency, or, for material received from the public as used oil, a person operating a certified used oil collection center as provided in Section 48660 of the Public Resources Code, shall not be held liable in a cost recovery action brought pursuant to Section 79650, including, but not limited to, an action to recover the fees imposed by Section 79105 or an action brought pursuant to Section 79670, for waste that has been properly handled and transported to an authorized hazardous waste treatment, storage, or disposal facility at a location other than that of the collection program.
(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 8 - Cost Recovery › ARTICLE 8 - Liability of Operator for Household Hazardous Waste or Used Oil Collection Program › Section 79850.

79850. Except as provided in Section 79845, this article does not affect or modify the obligations or liabilities of a person imposed pursuant to state or federal 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 8 - Cost Recovery › ARTICLE 9 - Liability Agreements › Section 79860.

79860. Except as provided in Article 10 (commencing with Section 79875), no indemnification, hold harmless, conveyance, or similar agreement shall be effective to transfer any liability for cost or expenditures recoverable under this part. This section shall not bar any agreement to insure, hold harmless, or indemnify a party to the agreement for any costs or expenditures under 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 8 - Cost Recovery › ARTICLE 9 - Liability Agreements › Section 79865.

79865. The repeal of Section 25364.6, pursuant to Chapter 1226 of the Statutes of 1998, shall not affect any indemnity provided pursuant to that section for any cause of action brought because of any act or omission that occurred before the repeal of that 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 8 - Cost Recovery › ARTICLE 10 - Former Kaiser Steel Corporation Steel Mill Site › Section 79875.

79875. For purposes of this article, the following definitions shall apply:
(a) “Affiliate” means any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the responsible party owner. For purposes of this subdivision, “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, or ownership of shares or interests in the entity possessing more than 50 percent of the voting power.
(b) “Qualified independent consultant” means either a geologist who is registered pursuant to Section 7850 of the Business and Professions Code or a professional engineer who is registered pursuant to Section 6762 of the Business and Professions Code.
(c) “Responsible party owner” means the owner of all or part of the site on January 1, 1993, or if all or a part of the site is transferred to a joint venture formed for purposes of development of the site, the owner of the site immediately prior to that transfer.
(d) “Site” means the site of the former Kaiser Steel Corporation steel mill located near the City of Fontana.
(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 8 - Cost Recovery › ARTICLE 10 - Former Kaiser Steel Corporation Steel Mill Site › Section 79880.

79880. Notwithstanding any other provision of law, except as provided in Sections 79885 and 79890, the director may release from liability under this part or Chapter 6.5 (commencing with Section 25100) of Division 20, and from liability for any claims of the state for recovery of response costs under the federal act, any of the following persons, with regard to a removal or remedial action at the site:
(a) Any person who provides financing for all, or a substantial part of, the costs of performing a removal or remedial action at the site pursuant to a remedial action plan prepared by a qualified independent consultant and issued by the department pursuant to Section 79210 and subdivision (a) of Section 79215, except that the release from liability shall not release the person providing this financing from liability for any hazardous substance release or threatened release resulting from that person’s exercise of decisionmaking control over the performance of the removal or remedial action while the responsible party owner remains in possession of the site.
(b) Any person who enters into an agreement with the responsible party owner to provide development services for the development of all, or a part of, the site, including a developer, who becomes a partner in a joint venture partnership with the responsible party owner, if the joint venture is formed for purposes of the development of the site and legal title to the site is transferred by the responsible party owner to the joint venture. If a release from liability is granted to a developer pursuant to this subdivision and the legal title to the site is transferred by the responsible party owner to a joint venture between the developer and the responsible party owner of the site, the responsible party owner shall not be relieved of liability under this part.
(c) Any person who acquires an ownership or leasehold interest in all or a part of the site after performance of the removal or remedial action specified in the remedial action plan for the site, or part of the site, has been completed to the satisfaction of 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 8 - Cost Recovery › ARTICLE 10 - Former Kaiser Steel Corporation Steel Mill Site › Section 79885.

79885. A release from liability shall not be granted pursuant to Section 79880 unless all of the following conditions are met:
(a) A responsible party owner has entered into a stipulated settlement of an order issued by the department pursuant to Section 25187, 78870, or 79055 to perform the removal or remedial action at the site in accordance with the remedial action plan and has arranged financing, contingent only upon obtaining releases from potential liability pursuant to Section 79880, for the costs of performing the removal or remedial action.
(b) A responsible party owner agrees to pay all applicable oversight fees required by Section 79105 and to pay any additional costs that are recoverable pursuant to Section 79650.
(c) No person to be released from liability pursuant to Section 79880 is a responsible party or an affiliate of a responsible party, with respect to any hazardous substance release existing at the site at the time the release from liability is granted.
(d) The stipulated settlement requires the responsible party owner to provide irrevocable financial assurances for full performance of the remedial action plan. The financial assurances may consist of one or more of the financial assurance instruments described in Section 66264.143 of Title 22 of the California Code of Regulations. Upon the approval of the department, the forms of these instruments may be revised as appropriate to apply to the costs of performing the removal or remedial action specified in the remedial action plan.
(e) The director finds that the release from liability to be granted will promote the purposes and goals of this part and encourage private investment in property that is in need of remediation.
(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 8 - Cost Recovery › ARTICLE 10 - Former Kaiser Steel Corporation Steel Mill Site › Section 79890.

79890. Notwithstanding any other provision of this article, a release from liability granted pursuant to Section 79880 shall not extend to any of the following:
(a) (1) Any person who was a responsible party for a hazardous substance release existing at the site before the release from liability was granted.
(2) Any entity that is an affiliate of a responsible party described in paragraph (1).
(b) Any contractor who prepares the remedial action plan or performs the removal or remedial action provided for in the remedial action plan.
(c) Any person who obtains a release pursuant to Section 79880 by fraud or negligent or intentional nondisclosure or misrepresentation.
(d) Any liability for a release or threatened release of a hazardous substance first deposited at the site by a person released from liability pursuant to Section 79880 after the release from liability is granted.
(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 8 - Cost Recovery › ARTICLE 10 - Former Kaiser Steel Corporation Steel Mill Site › Section 79895.

79895. Any release from liability granted by the director pursuant to this article shall contain the following provision: “If, for any reason, the responsible party does not complete the removal or remedial action, this release does not extend to any subsequent actions or activities performed by the released party that exacerbate the conditions at the 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 8 - Cost Recovery › ARTICLE 10 - Former Kaiser Steel Corporation Steel Mill Site › Section 79900.

79900. The site may be subdivided to create subdivided parcels of land, pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), in order to facilitate removal or remedial action at the site, secure financing for removal or remedial action, or secure financing for development that would generate funds for removal or remedial action at the 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 8 - Cost Recovery › ARTICLE 11 - Costs Incurred at BKK Landfill Site › Section 79910.

79910. (a) Notwithstanding any other provision of this chapter, the costs incurred by a state agency to take a hazardous substance response action at the BKK Landfills Site in the City of West Covina shall be deemed to be a contribution towards any potential liability for response costs or damages imposed pursuant to state law upon a state agency that arranged for the disposal or treatment of a hazardous substance at that site.
(b) The Legislature declares its intent that the costs incurred by a state agency to take action in response to a hazardous substance release at the BKK Landfills Site in the City of West Covina shall be deemed to be a contribution towards any potential liability for response costs or damages imposed pursuant to the federal act upon a state agency that arranged for the disposal or treatment of a hazardous substance at that 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 8 - Cost Recovery › ARTICLE 12 - Settlement › Section 79920.

79920. (a) The department shall, if it determines that it is practicable and in the public interest, propose a final administrative or judicial expedited settlement with potentially responsible parties if the settlement involves only a minor portion of the response costs at a site and, if in the judgment of the department, either of the following conditions are met:
(1) The amount of hazardous substances and the toxic or other hazardous effects of the hazardous substances contributed by the potentially responsible party to the site are minimal in comparison to the amount and effects of other hazardous substances at the site.
(2) The potentially responsible party is the owner of the real property on or in which the site is located, did not conduct or permit the generation, transportation, storage, treatment, or disposal of any hazardous substance at the site, and did not contribute to the release or threat of release of a hazardous substance at the site through any act or omission. This paragraph does not apply if the potentially responsible party, at the time of the purchase of the real property, knew or should have known that the property was used for the generation, transportation, storage, treatment, or disposal of any hazardous substance.
(b) A party who has resolved its liability to the state under this section shall not be liable for claims for contribution regarding matters addressed in the settlement. A settlement under this section does not discharge any of the other potentially responsible parties unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement.
(c) Any person who enters into a settlement under this section shall provide any information relevant to the administration of this part that is requested by the department. In order to obtain the contribution protection provided by subdivision (b), a potentially responsible party participating in a de minimis settlement shall certify that it has responded fully and accurately to all of the department’s requests for information, and that it has provided all of the relevant documents pertaining to the site to the department.
(d) Nothing in this section shall be construed to affect the authority of the department or regional board to reach settlements with other potentially responsible parties under 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 8 - Cost Recovery › ARTICLE 13 - Liens › Section 79935.

79935. (a) (1) Any costs or damages incurred by the department or regional board pursuant to this part constitute a claim and lien upon the real property owned by the responsible party that is subject to, or affected by, the removal and remedial action.
(2) The lien provided by this article shall continue until the liability for these costs or damages, or a judgment against the responsible party, is satisfied. However, if it is determined by the court that the judgment against the responsible party will not be satisfied, the department may exercise its rights under the lien.
(b) This lien shall attach regardless of whether the responsible party is insolvent.
(c) A lien established by this article shall be subject to the notice and hearing procedures required by due process of the law and shall arise at the time costs are first incurred by the department or regional board with respect to a response action at the 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 8 - Cost Recovery › ARTICLE 13 - Liens › Section 79940.

79940. The lien imposed by this article 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. 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 8 - Cost Recovery › ARTICLE 13 - Liens › Section 79945.

79945. (a) The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll.
(b) The lien shall also contain a legal description of the property that is the site of the hazardous substance release, the assessor’s parcel number for that property, and the name of the owner of record, as shown on the latest equalized assessment roll, of that property.
(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 8 - Cost Recovery › ARTICLE 13 - Liens › Section 79950.

79950. The department shall not be considered a responsible party for a hazardous substance release site because a claim and lien is imposed 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 8 - Cost Recovery › ARTICLE 13 - Liens › Section 79955.

79955. All funds recovered pursuant to this article shall be deposited in 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 9 - Orphan Share Reimbursement › ARTICLE 1 - General Provisions › Section 80000.

80000. For purposes of this chapter, the following definitions shall apply:
(a) “Fund” means the Orphan Share Reimbursement Trust Fund established pursuant to Section 80020.
(b) “Orphan share” means the share of liability for the costs of response action that is attributable to the activities of persons who are defunct or insolvent, as determined pursuant to Section 80070.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 1 - General Provisions › Section 80005.

80005. The Legislature finds and declares all of the following:
(a) This chapter, which establishes an Orphan Share Reimbursement Trust Fund, operates in conjunction with the federal liability scheme under the federal act as in effect on July 1, 1998, for the recovery of response costs expended by government agencies.
(b) Under federal liability, at sites where there are insolvent or defunct parties that cannot contribute to the cost of cleanup, viable responsible parties pay the share of liability for that cleanup that may be attributable to insolvent and defunct parties.
(c) The Orphan Share Reimbursement Trust Fund is created to mitigate the payment of an insolvent or defunct party’s liability share by viable responsible parties, to the extent money in the fund is available, and to encourage responsible parties to quickly and efficiently remediate contamination.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 1 - General Provisions › Section 80010.

80010. (a) This chapter does not prohibit, and is not intended to prohibit, the department, the regional board, or the Attorney General from pursuing any existing legal, equitable, or administrative remedies, pursuant to federal or state law, against any potentially responsible party.
(b) No liability or obligation is imposed upon the state pursuant to this chapter, and the state shall not incur a liability or obligation beyond the payment of claims pursuant to this chapter, to the extent that money is available and has been allocated by the administrator under subdivision (a) of Section 80050. No legal action may be brought against the Orphan Share Reimbursement Trust Fund in its own name.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 2 - Orphan Share Reimbursement Trust Fund › Section 80020.

80020. (a) The Orphan Share Reimbursement Trust Fund is hereby created in the State Treasury.
(b) The administrator of the fund may expend the money deposited in the fund as provided in this chapter, upon appropriation by the Legislature. The administrator of the fund shall act in a fiduciary capacity, shall prudently administer the fund, and shall protect the fund from any unreasonable or unjustified claims, including any unreasonable or unjustified determinations of the orphan share percentage.
(c) If an appropriation from the General Fund is made to the fund in any fiscal year and an amount greater than five million dollars ($5,000,000) in unexpended funds, beyond any amount approved by the administrator of the fund to pay claims pursuant to this chapter from that General Fund appropriation, remain in the fund at the end of that fiscal year, and if the department determines that additional funding for orphan sites beyond that appropriated from the state account is required for the next fiscal year, the administrator may expend the amount in excess of five million dollars ($5,000,000) from the General Fund appropriation to pay for response costs incurred by the department or the regional boards under this part at sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 where no viable responsible parties exist.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 2 - Orphan Share Reimbursement Trust Fund › Section 80025.

80025. Except as provided in subdivision (b) of Section 78420 and subdivision (c) of Section 80020, the administrator of the fund may expend the money in the fund for all of the following purposes:
(a) To pay claims for reimbursement of all, or any part of, the orphan share at a site paid by the responsible party filed pursuant to Sections 80040, 80045, and 80050.
(b) For the costs of implementing this chapter.
(c) To pay the reasonable costs of the department and the regional board for performance of its duties under this chapter, including, but not limited to, its participation in the orphan share determination process set forth in Section 80070, unless those costs are paid by a potentially responsible party under an agreement specified in subdivision (c) of Section 80040. The expenditures from the fund for purposes of this subdivision shall not exceed 5 percent of the total amount appropriated from the fund in the annual Budget Act for purposes of this section for that fiscal year.
(d) To pay the portion of costs attributable to the orphan share incurred by the department and the regional boards to oversee actions of potentially responsible parties, unless those costs are paid by a potentially responsible party under an agreement specified in subdivision (c) of Section 80040.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 3 - Claims for Orphan Share Reimbursement › Section 80040.

80040. A potentially responsible party may file a claim pursuant to subdivision (a) of Section 80025 only if all of the following apply:
(a) The site is listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4.
(b) The department or the regional board has approved a final remedy for the site under Article 12 (commencing with Section 79195) of Chapter 5.
(c) The department and the potentially responsible party have entered into a written, enforceable cleanup agreement or order embodied in a consent order issued pursuant to Section 78870 or 79055, or the regional board and the potentially responsible party have entered into a written, enforceable cleanup agreement or order that provides for the completion of all response actions necessary at the site, conducted pursuant to this part and under the oversight and at the direction of the department or the regional board. The agreement shall provide for the payment by the potentially responsible party of the department’s or the regional board’s response costs.
(d) The potentially responsible party demonstrates, and the department or the regional board finds, that the potentially responsible party has and will have sufficient financial resources to complete all required response actions.
(e) The potentially responsible party is in compliance with the agreement provided in subdivision (c), and with any other applicable order or agreement pertaining to the potentially responsible party’s obligations with respect to the site.
(f) The potentially responsible party has prepared and provided the information required under subdivision (b) of Section 80070.
(g) The claim for reimbursement is for the costs incurred for response actions that were subject to the oversight and approval of the department or the regional board.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 3 - Claims for Orphan Share Reimbursement › Section 80045.

80045. The administrator of the fund shall prescribe appropriate application forms and procedures for claims filed pursuant to subdivision (a) of Section 80025 that shall include all of the following:
(a) Requirements that the claimant provide, at a minimum, all of the following documentation:
(1) A sworn verification of the claim to the best of the information known to the claimant or within the claimant’s possession or control.
(2) All records and information pertaining to the site and relevant to the ownership, operation, or control of the site, or to the ownership, possession, generation, treatment, transportation, storage or disposal of a hazardous substance, pollutant, or contaminant at or in connection with the site, within the possession or control of the claimant, including, but not limited to, the information specified in subdivision (a) of Section 78440.
(3) Certification of all response costs that have been, or will be, incurred at the site by the potentially responsible party, and an estimate of the total cost of completion of the approved final remedy at the site.
(b) Procedures specifying that claims shall be filed only at the two following specific time periods during the performance of a response action:
(1) After the final remedy is selected under Article 12 (commencing with Section 79195) of Chapter 5.
(2) After the department or the regional board determines that the response action is complete. The department or the regional board shall not include operation and maintenance activities in determining whether the response action is complete 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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 3 - Claims for Orphan Share Reimbursement › Section 80050.

80050. (a) The administrator of the fund shall annually, on a fiscal year basis, pay claims for reimbursement from the fund filed by potentially responsible parties under subdivision (a) of Section 80025, in accordance with the following procedures:
(1) Claims for funds available during each fiscal year shall be filed with the administrator by July 30 of that fiscal year.
(2) For sites with multiple responsible parties, all potentially responsible parties that have entered into the cleanup agreement specified in subdivision (c) of Section 80040 shall file a single claim.
(3) (A) The administrator shall allocate the money available in the fund for the fiscal year among the claims filed by the July 30 deadline. The allocation shall be based on the determination of the orphan share percentage at the facility under the process set forth in Section 80070, the long-term financial stability and short-term resources available in the fund, and the administrator’s fiduciary duty with respect to the fund. Except as provided in subparagraph (B), the administrator shall pay claims for funds in the order in which they are received.
(B) Notwithstanding subparagraph (A), if an appropriation from the General Fund is made to the fund in any fiscal year, the administrator may alter the order of payment of claims required by subparagraph (A) by using funds appropriated from the General Fund to pay claims based on the threat to public health or the environment posed by a site or the need to improve economic and environmental conditions in redeveloping communities.
(4) The total amount allocated to any one site shall not exceed 10 percent of the total amount available each fiscal year in the fund. If, due to this limit or to the unavailability of funds, a claimant receives only partial or no reimbursement of the orphan share paid by that claimant, the claim shall be paid in the following fiscal year and shall be given priority over all claims filed after the claim was initially received, subject to the discretion of the administrator set forth in paragraph (3).
(5) The administrator’s proposed allocation shall be subject to public review and comment for 30 days.
(b) The state and the fund have no obligation to provide full reimbursement to a claimant. The fund shall be allocated at the discretion of the administrator, subject to the requirements of this chapter. In enacting this chapter, the Legislature intends that claimants be reimbursed only to the extent that money is available in the fund and is allocated to the claimant by the administrator.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 3 - Claims for Orphan Share Reimbursement › Section 80055.

80055. A claim for reimbursement under subdivision (a) of Section 80025 shall not be filed for any of the following:
(a) Sites listed on the National Priorities List pursuant to the federal act (42 U.S.C. Sec. 9605(a)(8)(B)).
(b) Sites remediated pursuant to former Chapter 6.85 (commencing with Section 25396) of Division 20.
(c) Sites, or portions of sites, for which the potentially responsible party has agreed to take all response action required by the department or the regional board at the site, and that agreement is embodied in a written, enforceable settlement agreement, including, but not limited to, a judicial consent decree, entered into prior to January 1, 1999.
(d) Sites, or portions of sites, that have been fully remediated for which the department or the regional board has determined that the response action is complete prior to January 1, 1999. The department or the regional board shall not include operation and maintenance activities in determining whether the response action is complete under 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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 5 - Enforcement and Cost Recovery › Section 80080.

80080. Any costs paid from the fund pursuant to subdivisions (a) and (d) of Section 80025 shall be recoverable by the Attorney General, at the request of the administrator of the fund, from any liable person who has not entered into, or is not in compliance with, a written cleanup agreement entered into pursuant to subdivision (c) of Section 80040 that provides for the completion of all response actions necessary at the site under the oversight and at the direction of the department or the regional board.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 5 - Enforcement and Cost Recovery › Section 80085.

80085. Any potentially responsible party who withholds information required to be submitted under this section or Section 80080, or who submits false information, is subject to a civil penalty of up to twenty-five thousand dollars ($25,000) for each piece of information withheld or for each piece of false information submitted.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 5 - Enforcement and Cost Recovery › Section 80090.

80090. (a) Any costs incurred and payable from the fund by the administrator pursuant to this chapter shall constitute a claim and lien upon the real property owned by a responsible party that is subject to, or affected by, a response action. A lien established by this subdivision shall have all of the following properties:
(1) The lien shall not exceed the increase in fair market value of the site attributable to the response action at the time of a subsequent sale or other disposition of the site.
(2) The lien shall attach regardless of whether the responsible party property owner is solvent.
(3) The lien shall arise at the time costs to the fund are first incurred by the administrator.
(4) The lien shall be subject to the notice and hearing procedures that due process of the law requires.
(b) Neither the administrator of the fund nor the fund shall be considered a responsible party for a hazardous substance release site because a claim and lien is imposed pursuant to this section.
(c) (1) The lien imposed by 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.
(2) The lien shall contain the legal description of the property, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll. The lien shall also contain a legal description of the property that is the site of the hazardous substance release, the assessor’s parcel number for that property, and the name of the owner of record, as shown on the latest equalized assessment roll, of that property.
(d) All funds recovered pursuant to this section shall be deposited in the fund.
(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. Conditionally operative pursuant to Sec. 80100.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 9 - Orphan Share Reimbursement › ARTICLE 6 - Operative Date › Section 80100.

80100. (a) This chapter shall become operative on the operative date of the statute that does either, or both, of the following:
(1) Appropriates funds to the fund to implement this chapter.
(2) Establishes a revenue source for the fund.
(b) Notwithstanding subdivision (a), the operation of this chapter shall be suspended during any fiscal year in which both no funds are appropriated to the fund to implement this chapter and no revenue source for the fund is operative.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80200.

80200. For purposes of this chapter, the definitions contained in this article shall apply.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80205.

80205. “Account” means the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80210.

80210. (a) “Brownfield” means property that meets all of the following conditions:
(1) It is located in an urban area.
(2) It was previously the site of an economic activity that is no longer in operation at that location.
(3) It has been vacant or has had no occupant engaged in year-round economically productive activities for a period of not less than the 12 months previous to the date of application for a loan pursuant to this chapter.
(b) “Brownfield” does not include any of the following:
(1) Property listed, or proposed for listing, on the National Priorities List pursuant to Section 105(a)(8)(B) of the federal act (42 U.S.C. Sec. 9605(a)(8)(B)).
(2) Property that is, or was, owned or operated by a department, agency, or instrumentality of the United States.
(3) Property that will be the site of a contiguous expansion or improvement of an operating industrial or commercial facility, unless the property is a brownfield described in paragraph (5) of subdivision (a) of Section 80230.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80215.

80215. “Cleanup and abatement order” means an order issued by a regional board pursuant to Section 13304 of the Water 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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80220.

80220. “Cleanup Loans and Environmental Assistance to Neighborhoods Program” or “CLEAN” means the loan program established by the department pursuant to Article 6 (commencing with Section 80450), to finance the performance of actions necessary to respond to the release or threatened release of hazardous material on an eligible property.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80225.

80225. “Economic activity” means a governmental activity, a commercial, agricultural, industrial, or not-for-profit enterprise, or other economic or business concern.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80235.

80235. (a) “Hazardous material” means a substance or waste that, because of its physical, chemical, or other characteristics, may pose a risk of endangering human health or safety or of degrading the environment. “Hazardous material” includes, but is not limited to, all of the following:
(1) A hazardous substance, as defined in Section 25281 or subdivision (a) of Section 78075.
(2) A hazardous waste, as defined in Section 25117.
(3) A waste, as defined in Section 101075, or as defined in Section 13050 of the Water Code.
(4) A substance specified in subdivision (b) of Section 78075.
(b) “Hazardous material” does not include undisturbed naturally occurring hazardous material unless it will adversely affect the reasonable use of a property after response action is completed.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80240.

80240. “Investigating site contamination program” means the loan program established by the department pursuant to Article 5 (commencing with Section 80400) to conduct a preliminary endangerment assessment of a brownfield or an underutilized urban property.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80245.

80245. “Leaking underground fuel tank” has the same meaning as “tank,” as defined in Section 25299.24.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80250.

80250. “No longer in operation” means an economic activity that is, or previously was, located on a property that is not conducting operations on the property of the type usually associated with the economic activity.
(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 10 - Cleanup Loans and Environmental Assistance to Neighborhoods › ARTICLE 1 - Definitions › Section 80255.

80255. “Project” means any response action, and the planned future development, included in an application for a loan pursuant to Article 6 (commencing with Section 80450).
(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.)