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 7 - Bona Fide Ground Tenant Immunity › Section 25395.106.

25395.106. (a) This article does not provide immunity from any of the following:
(1) Liability for bodily injury or wrongful death.
(2) A requirement imposed under Chapter 6.5 (commencing with Section 25100), including, but not limited to, corrective action and closure and postclosure requirements.
(3) A criminal act.
(4) A permit violation.
(5) A contractual indemnity agreement between a purchaser and seller of real property.
(6) New releases, other than de minimis releases, of hazardous materials that are caused or contributed to by a bona fide ground tenant.
(b) This article does not limit the authority of an agency to conduct a response action that is necessary to protect public health and safety or the environment pursuant to an applicable statute.
(c) This article 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 a new obligation on a bona fide ground tenant other than those specifically assumed by the bona fide ground tenant under an agreement entered into pursuant to this article.
(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 Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
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 8 - Repeal › Section 25395.109.

25395.109. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
(Amended by Stats. 2016, Ch. 166, Sec. 1. (SB 820) Effective January 1, 2017. Repealed as of January 1, 2027, by its own provisions, with continuing effect as provided in Section 25395.110. Note: Repeal affects Chapter 6.82, commencing with Section 25395.60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.83 - Land Use and Revitalization › ARTICLE 1 - Immunity Continuation › Section 25395.110.

25395.110. (a) A person who, before January 1, 2027, qualifies for immunity pursuant to Chapter 6.82 (commencing with Section 25395.60), as that chapter read on December 31, 2026, shall continue to have that immunity on and after January 1, 2027, if the person continues to be in compliance with the requirements of former Chapter 6.82 (commencing with Section 25395.60), including, but not limited to, compliance with all response plans approved pursuant to Article 6 (commencing with Section 25395.90) of former Chapter 6.82, and compliance with all other applicable laws.
(b) This article shall become operative January 1, 2027.
(Amended by Stats. 2016, Ch. 166, Sec. 2. (SB 820) Effective January 1, 2017. Operative January 1, 2027, pursuant to subd. (b).)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.83 - Land Use and Revitalization › ARTICLE 2 - Public Information › Section 25395.115.

25395.115. The definitions set forth in this section govern the interpretation of this article.
(a) “Agency” means the department, the board, or a regional board.
(b) “Board” means the State Water Resources Control Board.
(c) (1) “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:
(A) All releases of the hazardous materials at issue at the site occurred before the person acquired the site, except as described in subparagraph (B).
(B) All of the conditions of Section 25395.80 to qualify as a bona fide purchaser have been met.
(C) 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:
(i) Any direct or indirect familial relationship.
(ii) 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.
(iii) 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.
(2) For purposes of this section, “release” does not include passive migration.
(d) “Department” means the Department of Toxic Substances Control.
(e) “Regional board” means a California regional water quality control board.
(Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.83 - Land Use and Revitalization › ARTICLE 2 - Public Information › Section 25395.116.

25395.116. (a) To facilitate the decision of a bona fide purchaser to apply for a bona fide purchaser agreement, the bona fide purchaser may first enter into a consultative services agreement with the department pursuant to Section 25201.9 or with an agency.
(b) Under the terms of a consultative services agreement entered into in accordance with this section, an agency may review any environmental data and development plans that may be submitted by a bona fide purchaser.
(c) The consultative services agreement shall include all of the following:
(1) Require the bona fide purchaser to pay for the agency’s services.
(2) Not commit the bona fide purchaser to purchase, remediate, or otherwise act with regard to the site.
(3) Provide for a review and meeting to discuss the environmental data and development plans within 30 days of submission.
(d) Upon review of the data and plans specified in paragraph (3) of subdivision (c), the agency shall provide comments to the bona fide purchaser of what further information might be needed to ascertain what response action, if any, will be necessary. The agency shall also provide comments to the bona fide purchaser on any proposed response actions that may be necessary and an estimate of the time it may take to negotiate and approve a bona fide purchaser agreement.
(e) An agency shall enter into a consultative services agreement, in accordance with this section, subject to available staff and resources, as determined by the agency. If the agency declines to enter into a consultative services agreement, the agency shall provide specific reasons for its decision to the bona fide purchaser requesting the agreement.
(Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.83 - Land Use and Revitalization › ARTICLE 2 - Public Information › Section 25395.117.

25395.117. (a) On or before January 1, 2006, the agency and the California Environmental Protection Agency shall implement the requirements imposed by this section.
(b) The department shall revise and upgrade the department’s database systems, including the list of hazardous substances release sites adopted pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 and the information sent to the agency pursuant to Section 65962.5 of the Government Code, to enable compatibility with existing databases of the board, including the GIS mapping system established pursuant to Section 25299.97. The department shall also install improvements to the database systems to maintain and display information that includes the number of brownfield sites, each brownfield site’s location, acreage, response action, site assessments, and the number of orphan sites where the department is overseeing the response action.
(c) The California Environmental Protection Agency, the department, the regional boards, and the board shall expand their respective internet websites to allow access to information about brownfield sites and other response action sites through a single internet website portal.
(Amended by Stats. 2022, Ch. 258, Sec. 88. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.83 - Land Use and Revitalization › ARTICLE 2 - Public Information › Section 25395.118.

25395.118. The department may expend any grant received pursuant to Section 128 of the Small Business Liability Relief and Brownfield Revitalization Act (42 U.S.C. Sec. 9628), for state response programs, to implement Section 25395.117 to the extent the activities are in accordance with the terms and conditions of the grant.
(Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.83 - Land Use and Revitalization › ARTICLE 2 - Public Information › Section 25395.119.

25395.119. (a) Using existing resources or when funds become available, the Secretary for Environmental Protection shall designate a brownfields ombudsperson whose responsibilities shall include, but are not limited to, all of the following:
(1) Assisting in the coordination of the brownfields activities of each office, board, and department within the California Environmental Protection Agency.
(2) Advocating and expanding the relationship between the California Environmental Protection Agency and local, state, and federal governmental entities’ efforts pertaining to brownfields.
(3) Serving as the California Environmental Protection Agency’s representative on committees, working groups, and other organizations pertaining to brownfields.
(4) Providing assistance in investigating complaints from the public, and helping to resolve and coordinate the resolution of those complaints relating to the brownfields activities of each office, board, and department within the California Environmental Protection Agency.
(5) Facilitating and advocating that the issue of environmental justice for communities most impacted, including low-income and racial minority populations, is considered in brownfields activities of each office, board, and department within the California Environmental Protection Agency.
(b) The brownfield ombudsperson is not authorized to make or reverse a decision of an office, board, or department within the California Environmental Protection Agency.
(Amended by Stats. 2012, Ch. 39, Sec. 76. (SB 1018) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.86 - Expedited Remediation › Section 25396.

25396. The requirements of the former California Expedited Remedial Action Reform Act of 1994 (former Chapter 6.85 (commencing with Section 25396) of Division 20) continue to apply to sites selected before the effective date of this chapter for participation in the pilot program established by that act.
(Repealed and added by Stats. 2012, Ch. 39, Sec. 78. (SB 1018) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 1 - General Provisions › Section 25400.10.

25400.10. (a) The Legislature finds and declares all of the following:
(1) Methamphetamine use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of methamphetamine where those chemicals remain and where the contamination has not been remediated.
(2) Initial cleanup actions may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where methamphetamine production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated.
(3) Once methamphetamine laboratories have been closed, the public may be harmed by the materials and residues that remain.
(4) There is no statewide standardization of standards for determining when a site of a closed methamphetamine laboratory has been successfully remediated.
(5) Fentanyl use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of fentanyl where those chemicals remain and where the contamination has not been remediated.
(6) Initial cleanup actions of fentanyl contaminated property may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where fentanyl production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated.
(7) Once fentanyl laboratories have been closed, the public may be harmed by the materials and residues that remain. Skin absorption is a possible route of exposure and elevates the risk to public health.
(8) There are no statewide standards for determining when the site of a closed fentanyl drug laboratory has been successfully remediated.
(b) This chapter shall be known, and may be cited as, the “Methamphetamine or Fentanyl Contaminated Property Cleanup Act.”
(Amended by Stats. 2019, Ch. 691, Sec. 3. (AB 1596) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 1 - General Provisions › Section 25400.12.

25400.12. Any term not defined expressly by this article shall have the same meaning as defined in Part 2 (commencing with Section 78000) of Division 45.
(Amended by Stats. 2022, Ch. 258, Sec. 89. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 2 - Establishment of Remediation and Reoccupancy Standards › Section 25400.16.

25400.16. (a) Property contaminated by methamphetamine laboratory activity is safe for human occupancy for purposes of this chapter only if the level of methamphetamine on an indoor surface is less than, or equal to, 1.5 micrograms per 100 square centimeters.
(b) Except as provided in subdivision (c), if property is contaminated by methamphetamine laboratory activity that included the use of lead or mercury compounds, in addition to the requirements of subdivision (a), property is safe for human occupancy for purposes of this chapter only if both of the following standards are met with regard to that property:
(1) The total level of lead is less than, or equal to, 20 micrograms per square foot.
(2) The level of mercury is less than, or equal to, 50 nanograms per cubic meter in air.
(c) Subdivisions (a) and (b) shall become inoperative on the effective date that a state or federal agency adopts a health-based target remediation standard for methamphetamine to determine when a property contaminated by methamphetamine laboratory activity only is safe for human occupancy, in which case any reference in this chapter to a human-occupancy methamphetamine standard specified in this section shall mean only the health-based target remediation standard for methamphetamine adopted by that state or federal agency.
(d) Property contaminated by fentanyl laboratory activity is safe for human occupancy for purposes of this chapter only if the level of fentanyl on an indoor surface is below the detection level.
(e) Subdivision (d) shall become inoperative on the effective date that a state or federal agency adopts a health-based target remediation standard for fentanyl to determine when a property contaminated by fentanyl laboratory activity only is safe for human occupancy, in which case any reference in this chapter to a human-occupancy fentanyl standard specified in this section shall mean only the health-based target remediation standard for fentanyl adopted by that state or federal agency.
(f) This section does not preclude a state or federal agency from adopting stricter health-based remediation standards than required under this section.
(Amended by Stats. 2019, Ch. 691, Sec. 5. (AB 1596) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 3 - Local Health Officer Responsibilities › Section 25400.17.

25400.17. (a) Notwithstanding any other law, a city, county, or city and county shall comply with the uniform regulations and standards established pursuant to this chapter.
(b) A local health officer may delegate all or part of the duties specified in this chapter to a designated local agency.
(c) If a methamphetamine or fentanyl laboratory activity has taken place at a property, the local health officer shall assume that the methamphetamine or fentanyl manufacturing process has led to some degree of chemical contamination and shall take action pursuant to this chapter.
(Amended by Stats. 2019, Ch. 691, Sec. 6. (AB 1596) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 3 - Local Health Officer Responsibilities › Section 25400.18.

25400.18. Within 48 hours after receiving notification from a law enforcement agency of potential contamination of property by a methamphetamine or fentanyl laboratory activity, the local health officer shall post a written notice in a prominent location on the premises of the property. At a minimum, the notice shall include all of the following information:
(a) The word “WARNING” in large bold type at the top and bottom of the notice.
(b) A statement that a methamphetamine or fentanyl laboratory was seized on or inside the property or, in the case of a mobilehome, manufactured home, or recreational vehicle, a statement that a methamphetamine or fentanyl laboratory was seized on the property, inside the property, or both of those statements.
(c) The date of the seizure.
(d) The address or location of the property including the identification of any dwelling unit, room number, apartment number, or mobilehome, manufactured home, or recreational vehicle space number or address, or recreational vehicle identification number.
(e) The name and contact telephone number of the agency posting the notice on the property.
(f) A statement specifying that hazardous substances, toxic chemicals, or other hazardous waste products may have been present and may remain on or inside the property.
(g) A statement that it is unlawful for an unauthorized person to enter the contaminated portion of the property until advised that it is safe to do so by the local health officer or designated local agency.
(h) A statement that a person disturbing or destroying the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).
(i) A statement that a person violating the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).
(Amended by Stats. 2019, Ch. 691, Sec. 7. (AB 1596) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 3 - Local Health Officer Responsibilities › Section 25400.19.

25400.19. Within five working days after receiving a notification from a law enforcement agency of known or suspected contamination of a property by a methamphetamine or fentanyl laboratory activity, or upon notification from the property owner, the local health officer shall inspect the property, including the mobilehome, manufactured home, or recreational vehicle and the land on which it is located, pursuant to this section. In the case of a mobilehome, manufactured home, or recreational vehicle, that is property pursuant to paragraph (2) of subdivision (v) of Section 25400.11, the local health officer shall make the determination specified in subdivision (e) of Section 25400.20 regarding the cause of the contamination and responsibility for the remediation required pursuant to this chapter.
(a) The property inspection shall include, but not be limited to, obtaining evidence of hazardous chemical use or storage and documentation of evidence of any chemical stains, cooking activity, and release or spillage of hazardous chemicals used to manufacture methamphetamine or fentanyl.
(b) In conducting an inspection pursuant to this section, the local health officer may request copies of any law enforcement reports, forensic chemist reports, and any hazardous waste manifests, to evaluate all of the following:
(1) The length of time the property was used as an illegal methamphetamine or fentanyl manufacturing or storage site.
(2) The extent of the property actually used and contaminated in the manufacture of methamphetamine or fentanyl or the storage of methamphetamine, fentanyl, or a hazardous chemical.
(3) The chemical process that was involved in the illegal methamphetamine or fentanyl manufacturing.
(4) The chemicals that were removed from the scene.
(5) The location of the illegal methamphetamine or fentanyl manufacturing or storage site in relation to the habitable areas of the property.
(Amended by Stats. 2019, Ch. 691, Sec. 8. (AB 1596) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 4 - Site Assessment and Remediation › Section 25400.25.

25400.25. (a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine or fentanyl laboratory activity, a property owner who owns property that is the subject of an order posted pursuant to subdivision (i) of Section 25400.22, and a person occupying property that is the subject of the order, shall immediately vacate the affected unit, including the mobilehome, manufactured home, or recreational vehicle, as applicable, and any accessory building or structure related thereto, that is determined to be in a hazardous zone by the local health officer.
(b) In addition to authority granted by the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) and the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the owner of a mobilehome park or special occupancy park in which a manufactured home, mobilehome, or recreational vehicle subject to the order is located may terminate tenancy in order to obtain possession of the space by service of a three-day notice to quit in accordance with paragraph (4) of Section 1161 of the Code of Civil Procedure.
(c) No later than 30 days after receipt of an order issued pursuant to Section 25400.22, the property owner shall demonstrate to the local health officer that the property owner has retained a methamphetamine or fentanyl laboratory site remediation firm that is an authorized contractor to remediate the contamination caused by the methamphetamine or fentanyl laboratory activity.
(Amended by Stats. 2019, Ch. 691, Sec. 11. (AB 1596) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 5 - Remediation of Contaminated Property by a City or County › Section 25400.30.

25400.30. (a) (1) If a property owner does not initiate or complete the remediation of property in compliance with an order issued by a local health officer pursuant to this chapter, the city or county in which the property is located may, at its discretion, take action to remediate the contaminated or residually contaminated portion of the property pursuant to this chapter or may seek a court order to require the property owner to remediate the property in compliance with this chapter.
(2) Before a city or county takes an action pursuant to paragraph (1) regarding property specified in paragraph (2) of subdivision (v) of Section 25400.11, the city or county shall give a written notice of not less than 10 days in advance to the mobilehome park or special occupancy park owner to allow for remediation by the mobilehome park or special occupancy park owner in the manner prescribed by this chapter in addition to any other notice required by this section. If the mobilehome park or special occupancy park owner agrees, in writing, to undertake that remediation in compliance with the order, the city or county shall not take action pursuant to this section unless the owner is not in compliance with the agreement.
(b) If a local health officer is unable to locate a property owner within 10 days after the date the local health officer issues an order pursuant to Section 25400.22, the city or county in which the property is located may remediate the property in accordance with this article. The city or county or its contractors may remove contaminated property as part of this remediation activity.
(c) If a city or county elects to remediate contaminated property pursuant to this article, the property owner is liable for, and shall pay the city or county for, all actual costs related to the remediation, including, but not limited to, all of the following:
(1) Posting and physical security of the contaminated site.
(2) Notification of affected people, businesses, or any other entity.
(3) Actual expenses related to the recovery of cost, laboratory fees, cleanup services, removal costs, and administrative and filing fees.
(d) If a real property owner does not pay the city or county for the costs of remediation specified in subdivision (c), the city or county may record a nuisance abatement lien pursuant to Section 38773.1 of the Government Code against the real property for the actual costs related to the remediation or bring an action against the real property owner for the remediation costs. The nuisance abatement lien shall have the effect, priority, and enforceability of a judgment lien from the date of its recordation.
(Amended by Stats. 2019, Ch. 691, Sec. 15. (AB 1596) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 6 - Requirements for Property Assessment and Cleanup › Section 25400.35.

25400.35. A local health officer shall establish a written plan consistent with this chapter outlining the procedures to be followed for conducting the remediation to property for purposes of this chapter. The procedures shall comply with this article and any regulations adopted pursuant to this chapter, and shall include, but not be limited to, procedures for the preparation of a preliminary site assessment work plan, the conduct of a preliminary site assessment to determine the extent and level of contamination, in accordance with that PSA work plan, and the preparation of a PSA report containing the results of the preliminary site assessment and recommendations for remediation to meet the occupancy standards specified in Section 25400.16.
(Added by Stats. 2005, Ch. 570, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 6 - Requirements for Property Assessment and Cleanup › Section 25400.37.

25400.37. After a preliminary site assessment is completed in accordance with the PSA work plan, a PSA report shall be prepared and submitted to the local health officer. The PSA report shall be thorough and specific in reporting findings and recommendations and shall include all of the following:
(a) The location of the site, including all of the following, as applicable:
(1) Street address and mailing address of the contaminated property, the owner of record and mailing address, legal description, and clear directions for locating the property.
(2) (A) If the property is a manufactured home or mobilehome, the legal owner, as defined in Section 18005.8, each junior lienholder, as defined in Section 18005.3, and the registered owner, as defined in Section 18009.5.
(B) If the property is a recreational vehicle, the legal owner, as defined in Section 370 of the Vehicle Code, and the registered owner, as defined in Section 505 of the Vehicle Code.
(b) A site map, including a diagram of the contaminated property. The diagram shall include floor plans of affected buildings and local drinking water wells and nearby streams or other surface waters, if potentially impacted, and shall show the location of damage and contamination and the location of sampling points used in the preliminary site assessment. All sampling point locations shall be keyed to the sampling results and remediation recommendations.
(c) A description of the sampling methods and analytical protocols used in the preliminary site assessment.
(d) A description of the sampling results.
(e) Information regarding the background samples and results obtained.
(f) Specific recommendations, including methods, for remedial actions required to meet the human occupancy standards specified in Section 25400.16, including, but not limited to, any required decontamination, demolition, or disposal.
(g) A plan for postremediation site assessment, including specific sampling requirements and methodologies, and locations at which samples are to be obtained.
(Amended by Stats. 2006, Ch. 789, Sec. 12. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 6 - Requirements for Property Assessment and Cleanup › Section 25400.38.

25400.38. The PSA work plan and PSA report shall be signed and notarized by the contractor responsible for the completion of the preliminary site assessment and by a certified industrial hygienist for sufficiency and completeness.
(Added by Stats. 2005, Ch. 570, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 6 - Requirements for Property Assessment and Cleanup › Section 25400.40.

25400.40. (a) A person shall not perform a preliminary site assessment or any remediation work pursuant to this chapter, including a decontamination, demolition, or disposal, unless the person has completed all of the following:
(1) Initial training pursuant to subparagraph (A) of paragraph (3) of, or paragraph (4) of, subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations, as applicable. That training shall include elements listed pursuant to subparagraphs (A) to (G), inclusive, of paragraph (2) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations.
(2) Annual refresher training pursuant to paragraph (8) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations.
(3) Additional requirements as determined by the local health officer, or other applicable law.
(b) Training specified in paragraphs (1) and (2) of subdivision (a) shall be certified pursuant to paragraph (6) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations.
(Added by Stats. 2005, Ch. 570, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 7 - Enforcement and Liability › Section 25400.45.

25400.45. (a) A property owner who does not provide a notice or disclosure required by this chapter is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). A property owner shall also be assessed the full cost of all harm to public health or to the environment resulting from the property owner’s failure to comply with this chapter.
(b) A person who violates an order issued by a local health officer pursuant to this chapter prohibiting the use or occupancy of a property or a portion thereof contaminated by a methamphetamine or fentanyl laboratory activity is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).
(Amended by Stats. 2019, Ch. 691, Sec. 17. (AB 1596) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.9.1 - Methamphetamine or Fentanyl Contaminated Property Cleanup Act › ARTICLE 7 - Enforcement and Liability › Section 25400.46.

25400.46. (a) A property owner who receives an order issued by a local health officer pursuant to Section 25400.22, or a property owner who owns property that is the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, is liable for, and shall pay all of the following costs if it is determined that the property is contaminated:
(1) The cost of any testing.
(2) Any cost related to maintaining records with regard to the property.
(3) The cost of remediating the property, including any decontamination or disposal expenses.
(4) Any actual cost incurred by the local health officer or any other local or state agency resulting from the enforcement of this chapter and oversight of the implementation of the PSA work plan and the PSA report, with regard to that property.
(b) A person who conducts methamphetamine or fentanyl laboratory activity on or at property subject to subdivision (a), and who is not the owner of that property, is liable for, and shall reimburse the owner of the property for, any cost that property owner may incur pursuant to subdivision (a).
(c) The owner of a mobilehome, manufactured home, or recreational vehicle, in or about which a methamphetamine or fentanyl laboratory activity occurred, is liable for, and shall reimburse the owner of the real property on which the mobilehome, manufactured home, or recreational vehicle is located for, any cost the owner of the real property incurs pursuant to subdivision (a).
(Amended by Stats. 2019, Ch. 691, Sec. 18. (AB 1596) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.10 - Hazardous Material Release Cleanup › Section 25403.3.

25403.3. The immunity provided for by Section 25403.2 is only conferred if both of the following apply:
(a) The action is in accordance with a cleanup plan prepared by a qualified independent contractor and approved by the department, a regional board, or the designated agency, as appropriate, pursuant to Section 25403.1.
(b) The cleanup is found to have been undertaken and properly completed, as specified in subdivision (b) of Section 25403.2.
(Added by Stats. 2013, Ch. 588, Sec. 1. (AB 440) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.10 - Hazardous Material Release Cleanup › Section 25403.4.

25403.4. Within 60 days of being presented with a bill from the department or regional board, the local agency shall reimburse the department or the regional board for costs incurred in reviewing or approving investigation plans and cleanup plans pursuant to this chapter. The department or regional board may develop a payment plan, consistent with Section 25269, with the local agency to repay costs over a longer period of time. In the event of any dispute over the costs, the local agency shall pay any undisputed costs and meet and confer with the department or regional board to resolve the disputed items. In connection with any disputes not resolved through meet and confer efforts, the local agency may utilize any review processes maintained by the department or the regional board.
(Added by Stats. 2013, Ch. 588, Sec. 1. (AB 440) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.10 - Hazardous Material Release Cleanup › Section 25403.5.

25403.5. (a) Except as otherwise provided in this chapter, if a local agency undertakes action to investigate property or clean up, or to require others to investigate or clean up, including compelling a responsible party through a civil injunctive action, a release of hazardous material, the responsible party shall be liable to the local agency for the costs incurred in the action. A local agency may not recover the costs of goods and services that were not procured in accordance with procurement procedures, where applicable. The amount of the costs shall include the interest on the costs accrued from the date of expenditure and reasonable attorney’s fees and shall be recoverable in a civil action. Interest shall be calculated based on the average annual rate of return on a local agency’s investment of surplus funds for the fiscal year in which costs were incurred.
(b) The only defenses available to a responsible party shall be the defenses specified in subdivision (b) of Section 78145.
(c) A local agency may recover any costs incurred to develop and to implement a cleanup plan approved pursuant to this chapter, to the same extent the department is authorized to recover those costs. The scope and standard of liability for cost recovery pursuant to this section shall be the scope and standard of liability under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.) as that act would apply to the department. However, any reference to hazardous substance in that act shall be deemed to refer to hazardous material as defined in Section 25403. It is the intent of the Legislature that local agencies diligently pursue reimbursement for investigation and cleanup costs incurred pursuant to this chapter, but each local agency is authorized to assess whether and to what extent cost recovery is practicable.
(d) An action for recovery of the costs of a cleanup undertaken by a local agency under this section shall be commenced within three years after completion of the cleanup.
(e) The action to recover costs provided by this section is in addition to, and is not to be construed as restricting, any other cause of action available to a local agency.
(Amended by Stats. 2022, Ch. 258, Sec. 93. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.10 - Hazardous Material Release Cleanup › Section 25403.6.

25403.6. (a) Except as provided in Section 25403.4, notwithstanding any other state law or policy, a local agency that undertakes and completes a cleanup, or otherwise causes a cleanup to be undertaken and completed pursuant to this chapter shall not be liable based on its ownership of property after a release occurred, for any costs that any responsible party for that release incurs to investigate or clean up the release or to compensate others for the effects of that release.
(b) Except as provided in Section 25403. 2, this article does not limit the powers of the state board or a regional board to enforce Division 7 (commencing with Section 13000) of the Water Code.
(Added by Stats. 2013, Ch. 588, Sec. 1. (AB 440) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.10 - Hazardous Material Release Cleanup › Section 25403.8.

25403.8. The Legislature finds and declares that this chapter is the policy successor to the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Part 1 of Chapter 4 of Division 24) and shall be interpreted and implemented consistent with that act. It is further the intent of the Legislature that any judicial construction or interpretation of the Polanco Redevelopment Act also apply to this chapter.
(Added by Stats. 2013, Ch. 588, Sec. 1. (AB 440) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.11 - Unified Hazardous Waste and Hazardous Materials Management Regulatory Program › Section 25404.1.3.

25404.1.3. (a) A unified program agency may apply to the clerk of the appropriate court for a judgment to collect an administrative penalty for an administrative order or decision that has become final pursuant to subdivision (d) or (f) of Section 25404.1.1 and imposes a penalty pursuant to Section 25401.1.1, if a petition for judicial review of the final order or decision has not been filed within the time limits prescribed in Section 11523 of the Government Code.
(b) The UPA’s application to the court clerk shall include a certified copy of the final administrative order or decision that copy of the order or decision constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.
(Added by Stats. 2003, Ch. 696, Sec. 4. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.11 - Unified Hazardous Waste and Hazardous Materials Management Regulatory Program › Section 25404.3.1.

25404.3.1. A city or other local agency, which, as of December 31, 1999, has been designated as an administering agency pursuant to Section 25502, or has assumed responsibility for the implementation of Chapter 6.7 (commencing with Section 25280) pursuant to Section 25283, and that wishes to administer the unified program or an element of the unified program identified in subdivision (c) of Section 25404, shall request the secretary to include the agency in the implementation structure established by paragraph (2) of subdivision (f) of Section 25404.3. The secretary may grant the request for as long as the agency remains qualified to implement the unified program or an element of the program.
(Added by Stats. 2000, Ch. 730, Sec. 2. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.11 - Unified Hazardous Waste and Hazardous Materials Management Regulatory Program › Section 25404.4.

25404.4. (a) (1) The secretary shall periodically review the ability of each certified unified program agency to carry out this chapter. In conducting this review, the secretary shall review both the elements of each CUPA’s enforcement program and the efficacy of the program in ensuring compliance with the unified program’s requirements. If a certified unified program agency fails to meet its obligations to adequately implement the unified program, the secretary may withdraw the certified unified program agency’s certification, or may enter into a program improvement agreement with the certified unified program agency to make the necessary improvements. A certified unified program agency with which the secretary has entered into a program improvement agreement may continue to implement the unified program while the program improvement agreement is in effect and the certified unified program agency is in compliance with the agreement. If the secretary finds that a CUPA has not met the enforcement performance standards adopted pursuant to Section 25404.6 and the secretary enters into a program improvement agreement with the CUPA, the agreement shall make the improvement of enforcement the highest priority.
(2) Before withdrawing a certified unified program agency’s certification, the secretary shall submit to the certified unified program agency a notification of the secretary’s intent to withdraw certification, in which the secretary shall specify the reasons why the certified unified program agency has failed to meet its obligations to adequately implement the unified program. The secretary shall provide the certified unified program agency with a reasonable time to respond to the reasons specified in the notification and to correct the deficiencies specified in the notification. The certified unified program agency may request a public hearing, at which the secretary shall hear the agency’s response to the reasons specified in the notification.
(b) (1) If the secretary finds that a certified unified program agency has failed to adequately enforce the requirements of the unified program with respect to a particular facility, the secretary may direct the appropriate state agency to take any necessary actions and to issue necessary orders to the facility.
(2) If the secretary finds that the failure to adequately enforce the requirements of the unified program may result in an imminent and substantial endangerment to the environment or to the public health and safety, the secretary shall direct the appropriate state agency to take any necessary actions and to issue the necessary orders to the facility.
(3) This chapter does not prevent any appropriate state agency from issuing an order or taking any other action pursuant to state law.
(Amended by Stats. 2000, Ch. 144, Sec. 8. Effective July 19, 2000.)