reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 78120.

78120. “Remedial investigation” means those actions deemed necessary by the department to determine the full extent of a hazardous substance release at a site, identify the public health and environment threat posed by the release, collect data on possible remedies, and otherwise evaluate the site for purposes of developing a remedial action plan.
(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 1 - General Provisions › ARTICLE 3 - Definitions › Section 78125.

78125. “Remedy” or “remedial action” includes all of the following:
(a) Those actions that are consistent with a permanent remedy, that are taken instead of, or in addition to, removal actions in the event of a release or threatened release of a hazardous substance into the environment, as further defined by Section 101(24) of the federal act (42 U.S.C. Sec. 9601(24)), except that any reference in Section 101(24) of the federal act (42 U.S.C. Sec. 9601(24)) to the President, relating to determinations regarding the relocation of residents, businesses, and community facilities shall, for the purposes of this part, be deemed to be a reference to the Governor and any other reference in that section to the President shall, for the purposes of this part, be deemed a reference to the Governor, or the director, if designated by the Governor.
(b) Those actions that are necessary to monitor, assess, and evaluate a release or a threatened release of a hazardous substance.
(c) Site operation and maintenance.
(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 1 - General Provisions › ARTICLE 3 - Definitions › Section 78130.

78130. “Removal action work plan” means a work plan prepared or approved by the department or a regional board that is developed to carry out a removal action, in an effective manner, that is protective of the public health and safety and the environment. The removal action work plan shall include a detailed engineering plan for conducting the removal action, a description of the onsite contamination, the goals to be achieved by the removal action, and any alternative removal options that were considered and rejected and the basis for that rejection.
(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 1 - General Provisions › ARTICLE 3 - Definitions › Section 78135.

78135. “Remove” or “removal” includes the cleanup or removal of released hazardous substances from the environment or the taking of other actions as may be necessary to prevent, minimize, or mitigate damage that may otherwise result from a release or threatened release, as further defined by Section 101(23) of the federal act (42 U.S.C. Sec. 9601(23)).
(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 1 - General Provisions › ARTICLE 3 - Definitions › Section 78140.

78140. “Response,” “respond,” or “response action” have the same meanings as defined in Section 101(25) of the federal act (42 U.S.C. Sec. 9601(25)). The enforcement and oversight activities of the department and regional board are included within the meaning of “response,” “respond,” or “response action.”
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 78145.

78145. (a) (1) “Responsible party” or “liable person,” for the purposes of this part, means those persons described in Section 107(a) of the federal act (42 U.S.C. Sec. 9607(a)).
(2) (A) Notwithstanding paragraph (1), but except as provided in subparagraph (B), a person is not a responsible party or liable person, for purposes of this part, for the reason that the person has developed or implemented innovative investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the department for the release site and the person would not otherwise be a responsible party or liable person. Upon approval of the use of the technology, the director shall acknowledge, in writing, that, upon proper completion of the innovative investigative or innovative remedial action at the release site, the immunity provided by this subparagraph shall apply to the person.
(B) Subparagraph (A) does not apply in any of the following cases:
(i) Conditions at the release site have deteriorated as a result of the negligence of the person who developed or implemented the innovative investigative or innovative remedial technology.
(ii) The person who developed or implemented the innovative investigative or innovative remedial technology withheld or misrepresented information that was relevant to the potential risks or harms of the technology.
(iii) The person who implemented the innovative investigative or innovative remedial technology did not follow the implementation process approved by the department.
(b) For the purposes of this part, the defenses available to a responsible party or liable person shall be those defenses specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)).
(c) Any person who unknowingly transports hazardous waste to a solid waste facility pursuant to the exemption provided in subdivision (e) of Section 25163 shall not be considered a responsible party for purposes of this part solely because of the act of transporting the waste. Nothing in this subdivision shall affect the liability of this person for the person’s negligent acts.
(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 1 - General Provisions › ARTICLE 3 - Definitions › Section 78150.

78150. “Secretary” means the Secretary for Environmental Protection.
(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 1 - General Provisions › ARTICLE 3 - Definitions › Section 78155.

78155. “Site” has the same meaning as the term “facility” is defined by Section 101(9) of the federal act (42 U.S.C. Sec. 9601(9)).
(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 1 - General Provisions › ARTICLE 3 - Definitions › Section 78160.

78160. “Site cleanup evaluation” means an evaluation by the department of the effectiveness of a removal or remedial action conducted by a responsible party, to reduce or eliminate actual or potential public health and environmental threats posed by a hazardous substance release site if the action itself is not the subject of oversight by 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 1 - General Provisions › ARTICLE 3 - Definitions › Section 78165.

78165. “State account” means the Toxic Substances Control Account established pursuant to Section 25173.6.
(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 1 - General Provisions › ARTICLE 3 - Definitions › Section 78168.

78168. “State board” means the State Water Resources Control 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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 78170.

78170. “Tier” means a grouping of hazardous substance release sites that require removal and remedial actions, that are listed alphabetically, and that are of a roughly equivalent priority for removal and remedial action.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 1 - General Provisions › ARTICLE 4 - Construction of Part › Section 78185.

78185. (a) This part shall not be construed as imposing any new liability associated with acts that occurred on or before January 1, 1982, if the acts were not in violation of existing state or federal laws at the time they occurred.
(b) Nothing in this part shall be construed as authorizing recovery for response costs or damages resulting from any release authorized or permitted pursuant to state law, including a federally permitted release.
(c) Except as provided in Sections 79650, 79665, and 79670 and Articles 3 (commencing with Section 79700) and 5 (commencing with 79760) of Chapter 8, nothing in this part shall affect or modify in any way the obligations or liability of any person under any other provision of state or federal law, including common law, for damages, injury, or loss resulting from a release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of the hazardous substance.
(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 2 - Financial Provisions › ARTICLE 1 - Budget › Section 78200.

78200. The Director of Finance shall schedule in the annual proposed budget the projects proposed in any fiscal year, that will incur direct costs for removal and remedial actions at hazardous substance release sites.
(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 2 - Financial Provisions › ARTICLE 2 - Externally-Funded Positions › Section 78210.

78210. (a) For the purposes of this section, an “externally-funded position” means either of the following:
(1) A direct or indirect position that provides oversight and related support of remediation and hazardous substance management at a military base, including a closed military base, that is funded through an agreement with a party responsible for paying the department’s costs.
(2) A direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund.
(b) (1) Notwithstanding Section 12439 of the Government Code, the Controller may not eliminate any externally-funded position.
(2) Notwithstanding any other provision of law, including Section 4.10 of the Budget Act of 2003, for the 2003–04 and 2004–05 fiscal years, the Director of Finance may not eliminate any externally-funded position.
(c) Neither the Controller nor the Department of Finance may impose any hiring freeze or personal services limitations, including any position reductions, upon any externally-funded position.
(d) The Controller and Department of Finance shall exclude, from the department’s base for purposes of calculating any budget or position reductions required by any state agency or any state law, any externally-funded position and the specific amounts attributable to any externally-funded position.
(e) Notwithstanding any other provision of law, neither the Controller nor the Department of Finance may require the department to reduce authorized positions or other appropriations for other department programs, including personal services, to replace the reductions precluded by subdivisions (b), (c), and (d).
(f) Notwithstanding any other provision of law, upon the request of the department, and upon review and approval by the Department of Finance, the Controller shall augment any Budget Act appropriations, except for appropriations from the General Fund, necessary to implement this section.
(g) (1) This section does not apply to any department appropriation or expenditure of General Fund moneys.
(2) This section does not limit the authority of the Department of Finance to eliminate a position when funding for the position, through an agreement with a party or by a federal grant, is no longer available.
(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 2 - Financial Provisions › ARTICLE 3 - State Account › Section 78220.

78220. The state account may sue and be sued 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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 2 - Financial Provisions › ARTICLE 3 - State Account › Section 78225.

78225. Expenditures from the state account shall not be made in excess of the total amount of money in the state account at any one time. Expenditures in excess of that amount may be made only when additional money is collected or otherwise added to 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 2 - Financial Provisions › ARTICLE 3 - State Account › Section 78230.

78230. (a) Notwithstanding any other provision of law, the Controller shall establish a separate subaccount in the state account, for any funds received from a settlement agreement or the General Fund for a removal or remedial action to be performed at a specific site.
(b) Notwithstanding Section 13340 of the Government Code, funds deposited in the subaccount for those removal or remedial actions are hereby continuously appropriated to the department, without regard to fiscal years, for removal or remedial action at the specific site, and for administrative costs associated with the removal or remedial action at the specific site.
(c) Notwithstanding any other provision of law, money in the subaccount for those removal or remedial actions shall not revert to the General Fund or be transferred to any other fund or account in the State Treasury, except for purposes of investment as provided in Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.
(d) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from investment of the funds specified in subdivision (a) pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code shall be deposited in the subaccount for removal or remedial action at the specific sites.
(e) At the conclusion of all removal or remedial actions at the specific site, any unexpended funds in any subaccounts established pursuant to this section shall be transferred to the subaccount for site operation and maintenance established pursuant to Section 78235, if necessary, for those activities at the site, or, if not needed for site operation and maintenance at the site, to the state account.
(f) There is hereby created a subaccount in the state account as the successor fund to the Stringfellow Insurance Proceeds Account created pursuant to former Section 25330.6, as amended by Chapter 178 of the Statutes of 2007. All assets, liabilities, and surplus in the Stringfellow Insurance Proceeds Account shall be transferred to, and become a part of, this subaccount for the Stringfellow Superfund Site in the County of Riverside, as provided in Section 16346 of the Government Code. All appropriations from the Stringfellow Insurance Proceeds Account, to the extent encumbered, shall continue to be available from the subaccount for expenditure for the same purposes and periods.
(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 2 - Financial Provisions › ARTICLE 3 - State Account › Section 78235.

78235. (a) The Controller shall establish a separate subaccount for site operation and maintenance in the state account. All of the following amounts shall be deposited in the subaccount:
(1) Funds received from responsible parties for site operation and maintenance.
(2) Funds received from the federal government pursuant to the federal act for site operation and maintenance.
(3) Funds received from cities, counties, or any other state or local agency for site operation and maintenance.
(4) Funds appropriated from the state account by the Legislature for site operation and maintenance.
(b) Notwithstanding Section 13340 of the Government Code, funds deposited in the subaccount for site operation and maintenance are hereby continuously appropriated to the department, without regard to fiscal years, for site operation and maintenance, and for administrative costs associated with site operation and maintenance.
(c) Notwithstanding any other provision of law, money in the subaccount for site operation and maintenance shall not revert to the General Fund or be transferred to any other fund or account in the State Treasury, except for purposes of investment as provided in Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.
(d) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from investment of the funds specified in subdivision (a) pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code shall be deposited in the subaccount for site operation and maintenance.
(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 2 - Financial Provisions › ARTICLE 3 - State Account › Section 78240.

78240. (a) There is hereby continuously appropriated from the state account to the department the sum of one million dollars ($1,000,000) for each fiscal year as a reserve account for emergencies, notwithstanding Section 13340 of the Government Code. Funds in the reserve account are governed by Section 78875.
(b) Once the appropriation made pursuant to subdivision (a) is fully expended, the director may file a report with the Legislature if it is in session or, if it is not in session, with the Committee on Rules of the Assembly and the Senate as to the moneys expended pursuant to Section 78875. The Legislature may appropriate moneys from the state account, in addition to those moneys appropriated pursuant to subdivision (a), to the department for the purpose of taking corrective action pursuant to subdivision (a) of Section 78875.
(c) Except as provided in subdivision (b), the amount deposited in the reserve account and appropriated pursuant to this section shall not exceed one million dollars ($1,000,000) in any fiscal year. On June 30 of each year, the unencumbered balance of the reserve account shall revert to and be deposited in the state account.
(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 2 - Financial Provisions › ARTICLE 4 - Site Remediation Account › Section 78260.

78260. (a) There is in the General Fund the Site Remediation Account, which shall be administered by the director. The account shall be funded by money transferred from the state account, upon appropriation by the Legislature. Consistent with the requirements of Section 104(c) of the federal act (42 U.S.C. Sec. 9604(c)), the moneys in the account may be expended by the department, upon appropriation by the Legislature, for direct site remediation costs.
(b) (1) For purposes of this section, “direct site remediation costs” means payments to contractors for investigations, characterizations, removal, remediation, or long-term operation and maintenance at sites contaminated or suspected of contamination by hazardous materials, where those actions are authorized pursuant to this part.
(2) “Direct site remediation costs” also means the state-mandated share pursuant to Section 104(c)(3) of the federal act (42 U.S.C. Sec. 9604(c)(3)).
(3) “Direct site remediation costs” does not include the department’s administrative expenses or the department’s expenses for staff to perform oversight of investigations, characterizations, removals, remediations, or long-term operation and maintenance.
(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 2 - Financial Provisions › ARTICLE 4 - Site Remediation Account › Section 78265.

78265. Funds in the Site Remediation Account appropriated for removal or remedial action pursuant to this part are available for encumbrance for three fiscal years subsequent to the fiscal year in which the funds are appropriated and are available for disbursement in liquidation of encumbrances pursuant to Section 16304.1 of the Government Code.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78280.

78280. This article shall be known and may be cited as the Johnston-Filante Hazardous Substance Cleanup Bond Act of 1984.
(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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78285.

78285. For purposes of this article, and for purposes of Section 16722 of the Government Code as applied to this article, the following definitions apply:
(a) “Board” means the department.
(b) “Committee” means the Hazardous Substance Cleanup Committee created pursuant to Section 78295.
(c) “Director” means the director.
(d) “Fund” means the state account.
(e) “Orphan site” means a site with a release or threatened release of a hazardous substance with no reasonably identifiable responsible parties.
(f) “Orphan share” means those costs of removal or remedial action at sites with a release or threatened release of hazardous substances, which costs are in excess of amounts included in a cleanup agreement.
(g) “Responsible party” means a person who is, or may be, responsible or liable for carrying out, or paying for the costs of, a removal or remedial action.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78290.

78290. The State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the bonds authorized to be issued pursuant to this article, and the provisions of that law are included in this article as though set out in full in this article, except that, notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of bonds shall not exceed 30 years from the date of the bonds, or from the date of each respective series. The maturity of each respective series shall be calculated from the date of the series.
(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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78295.

78295. The Hazardous Substance Cleanup Committee, which is hereby created, shall consist of the Governor, the Director of Finance, the Treasurer, the Controller, and the secretary.
(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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78300.

78300. The committee may create debts or liabilities of the State of California, in the aggregate of one hundred million dollars ($100,000,000), in the manner provided in this article. The debts or liabilities shall be created for the purpose of providing moneys, for deposit in the fund, for the purposes specified in Section 78305.
(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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78305.

78305. (a) The moneys in the state account that are the proceeds of bonds issued and sold pursuant to this article may be used, upon appropriation by the Legislature, for the purposes specified in this section.
(b) The board may expend moneys in the fund that are the proceeds of bonds issued and sold pursuant to this article upon the authorization of the committee, for all of the following purposes:
(1) To provide the state share of a removal or remedial action pursuant to Section 104(c)(3) of the federal act (42 U.S.C. Sec. 9604(c)(3)) if the site is the subject of a final remedial action plan issued pursuant to Article 12 (commencing with Section 79195) of Chapter 5.
(2) To pay all costs of a removal or remedial action incurred by the state, or by any local agency with the approval of the director, in response to a release or threatened release of a hazardous substance at a site that is listed in the priority ranking of sites pursuant to Article 5 (commencing with Section 78760) of Chapter 4 and is the subject of a final remedial action plan issued pursuant to Article 12 (commencing with Section 79195) of Chapter 5, to the extent that the costs are not paid by responsible parties or are reimbursed by the federal act.
(3) To pay for site characterization of a release of hazardous substances, even if a remedial action plan has not been prepared, approved, adopted, or made final for 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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78310.

78310. (a) All bonds authorized by this article, which are sold and delivered as provided in this article, constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California are hereby pledged for the punctual payment of both the principal of and the interest on the bonds.
(b) There shall be collected annually, in the same manner and at the same time as other state revenue is collected, that sum, in addition to the ordinary revenues of the state, which is required to pay the principal of, and interest on, the bonds as provided in this article, and all officers charged by law with any duty in regard to the collection of the revenue shall perform each and every act that is necessary to collect this additional sum.
(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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78315.

78315. Notwithstanding Section 78345, the money deposited in the fund is available for transfer to the General Fund if money was deposited in the fund pursuant to any provision of law requiring repayments to the state for assistance financed by the proceeds of the bonds issued pursuant to this article. When transferred to the General Fund, that money shall be applied as a reimbursement to the General Fund for the principal and interest payments on the bonds that have been paid from the General 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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78320.

78320. There is hereby appropriated from the General Fund in the State Treasury, for the purpose of this article, an amount equal to the sum of all of the following:
(a) The sum, annually, that will be necessary to pay the principal of, and the interest on, the bonds issued and sold pursuant to this article, as the principal and interest become due and payable.
(b) The sum that is necessary to carry out Section 78325, which sum is appropriated without regard to fiscal years, notwithstanding Section 13340 of the Government Code.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78325.

78325. (a) For the purpose of carrying out this article, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of amounts not to exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this article.
(b) Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the board in accordance with this article.
(c) Any moneys made available pursuant to this section shall be returned to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out 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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78330.

78330. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
(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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78335.

78335. Upon the request of the board, and supported by a statement of the proposed actions to be taken pursuant to Section 78305, the committee shall determine whether it is necessary or desirable to issue any bonds authorized pursuant to this article in order to take these actions, and if so, the amount of bonds that should be issued and sold. Successive issues of bonds may be authorized and sold to take these actions progressively, and it is not necessary that all of the bonds authorized by this article to be issued are sold at any one time.
(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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78340.

78340. The committee may authorize the Treasurer to sell all, or any part of, the bonds authorized under this article at the time or times as may be fixed by the Treasurer.
(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 2 - Financial Provisions › ARTICLE 5 - Hazardous Substance Cleanup Bond Act of 1984 › Section 78345.

78345. Except as provided in Section 78315, all proceeds from the sale of bonds, except those derived from premiums and accrued interest, are available for the purposes specified in Section 78305, but are not available for transfer to the General Fund to pay the principal of, and interest on, the bonds.
(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 2 - Financial Provisions › ARTICLE 6 - Revolving Loans Fund › Section 78360.

78360. Unless the context otherwise requires, the following definitions govern the construction of this article:
(a) “Brownfield site” has the same meaning as defined in Section 101 of the federal act (42 U.S.C. Sec. 9601).
(b) “Brownfield law” means the federal Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) as amending the federal act.
(c) “Federal Trust Fund” means the Federal Trust Fund established pursuant to Section 16360 of the Government Code.
(d) “Fund” means the Revolving Loans Fund established 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 2 - Financial Provisions › ARTICLE 6 - Revolving Loans Fund › Section 78365.

78365. (a) The Revolving Loans Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated, without regard to fiscal year, to the department for expenditure in accordance with this part. The department is the state agency responsible for administering the fund.
(b) All of the following moneys shall be deposited in the fund:
(1) Notwithstanding Section 25173.6, moneys received pursuant to the brownfield law and transferred to the fund from the Federal Trust Fund.
(2) The amounts collected for loan services.
(3) Interest payments.
(4) Principal repayments.
(5) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys deposited in the fund.
(c) The department may expend the moneys in the fund only for the purposes authorized by the brownfield law, as specified in Section 104(k) of the federal act (42 U.S.C. Sec. 9604(k)), including providing financial assistance for both of the following:
(1) Issuing loans for response actions to eligible brownfield sites.
(2) Making subgrants for response actions to eligible brownfield sites.
(d) Any repayment of fund moneys, including interest payments, and all interest earned on, or accruing to, any moneys in the fund, that are deposited in the fund, as provided in subdivision (b), shall be available, in perpetuity, for expenditure for the purposes and uses authorized by the brownfield 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 2 - Financial Provisions › ARTICLE 7 - Illegal Drug Lab Cleanup Account › Section 78370.

78370. The Illegal Drug Lab Cleanup Account is hereby created in the General Fund and the department may expend any money in the account, upon appropriation by the Legislature, to carry out the removal actions required by Article 16 (commencing with Section 79350) of Chapter 5 and to implement Section 79380, including, but not limited to, funding an interagency agreement entered into with the Office of Environmental Health Hazard Assessment to provide guidance services. The account shall be funded by moneys appropriated directly from the General 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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 1 - Regulatory Authority › Section 78400.

78400. The department shall adopt any regulations necessary to carry out its responsibilities pursuant to this part, including, but not limited to, regulations governing the expenditure of, and accounting procedures for, moneys allocated to state, regional, and local agencies pursuant to 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 3 - General Powers and Duties › ARTICLE 2 - Federal Assistance › Section 78410.

78410. The state shall actively seek to obtain all federal funds to which it is entitled under the federal act and shall take all actions necessary to enter into contractual or cooperative agreements under Sections 104(c)(3) and 104(d)(1) of the federal act (42 U.S.C. Sec. 9604(c)(3) and 42 U.S.C. Sec. 9604(d)(1)).
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 3 - Public Outreach › Section 78420.

78420. (a) The department and the state board shall establish two community service offices, one to serve northern California and the other to serve southern California.
(b) Notwithstanding Section 80025, the department and, if appropriate, the state board shall expend a total of four hundred thousand dollars ($400,000) per year from the Orphan Share Reimbursement Trust Fund established pursuant to Chapter 9 (commencing with Section 80000) on the operation of the community service offices established pursuant to this section. The offices shall use these funds to provide direct technical and logistical support to any community advisory group established pursuant to Section 78950. Funds allocated pursuant to this subdivision shall supplement, and not supplant, any funds expended for the purposes of developing and implementing other public participation activities required to be undertaken pursuant to this part, including, but not limited to, activities undertaken pursuant to the national contingency plan or the public participation plan required to be adopted by the department pursuant to Section 78930.
(c) The state board may contract with the department to provide this service on behalf of a regional board if the state board finds that it would be more practical and economical to do so.
(d) In implementing this section and Section 78925, the department and the regional boards are not obligated to expend funds beyond the amounts appropriated in any fiscal year for purposes of developing and implementing public participation activities required by other provisions of this part unless the Orphan Share Reimbursement Trust Fund contains funding at the level specified in subdivision (b).
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 3 - General Powers and Duties › ARTICLE 4 - Investigatory Powers › Section 78435.

78435. The department, a representative of the department, or any person designated by the director may take the actions specified in this article only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under this part the need for a response action, the choosing or taking of a response action, or otherwise for the purpose of enforcing 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 3 - General Powers and Duties › ARTICLE 4 - Investigatory Powers › Section 78440.

78440. (a) Any officer or employee of the department, a representative of the director, or a person designated by the director may require any person who has or may have information relevant to any of the following matters to furnish the information, upon reasonable notice:
(1) The identification, nature, and quantity of materials that have been, or are, generated, treated, stored, or disposed of at a hazardous substance release site or that have been, or are, transported to a hazardous substance release site.
(2) The nature or extent of a release or a threatened release of a hazardous substance at, or from, a hazardous substance release site.
(3) The ability of a person to pay for or to perform a response action, consistent with Section 104(e) of the federal act (42 U.S.C. Sec. 9604(e)).
(b) Any person required to furnish information pursuant to this article shall pay any costs of photocopying or transmitting the information.
(c) A person who is required to provide information pursuant to subdivision (a) shall, in accordance with Section 78455, allow the officer, employee, representative, or designee, upon reasonable notice and at reasonable times, to have access to, and copy, all records relating to the hazardous substances for purposes of assisting the department in determining the need for a response action.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)