BILL NUMBER: AB 2587 CHAPTERED
BILL TEXT
CHAPTER 789
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE ASSEMBLY AUGUST 29, 2006
PASSED THE SENATE AUGUST 28, 2006
AMENDED IN SENATE AUGUST 21, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 20, 2006
AMENDED IN SENATE JUNE 13, 2006
AMENDED IN ASSEMBLY MAY 10, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006
AMENDED IN ASSEMBLY MARCH 29, 2006
INTRODUCED BY Assembly Members Liu and Keene
FEBRUARY 24, 2006
An act to amend Sections 25400.11, 25400.18, 25400.19, 25400.20,
25400.22, 25400.25, 25400.26, 25400.27, 25400.28, 25400.30, 25400.36,
25400.37, 25400.45, and 25400.46 of, and to add Section 25400.47 to,
the Health and Safety Code, relating to contaminated property.
LEGISLATIVE COUNSEL'S DIGEST
AB 2587, Liu Contaminated property: methamphetamine cleanup:
mobilehomes: recreational vehicles.
(1) Existing law, the "Methamphetamine Contaminated Property
Cleanup Act of 2005" requires a local health officer to take
specified actions after receiving notification from a law enforcement
agency of potential contamination, or of known or suspected
contamination, of property by methamphetamine laboratory activity.
For purposes of the act, the term "property" is defined as excluding,
until January 1, 2008, a mobilehome park, a manufactured housing
park, or a manufactured housing community, and also a mobilehome or
manufactured housing located in those parks or communities. Existing
law also defines the term "designated local agency" as the city or
county and agency designated by the local health officer to carry out
the act.
This bill would repeal the exclusion of those parks, communities,
mobilehomes, and manufactured homes from the act and would instead
specify that property, for purposes of the act, includes those parks
and communities and a mobilehome or manufactured home located in a
mobilehome park or a special occupancy park, as defined, and a
recreational vehicle that is sited in a mobilehome park or special
occupancy park.
The bill would additionally include, as a designated local agency,
a city or county agency authorized by the local health officer in
that jurisdiction, thereby imposing a state-mandated local program by
imposing new duties upon local agencies. The bill would revise the
inspection and notice provisions of the methamphetamine cleanup act,
with regard to mobilehomes, manufactured homes, and recreational
vehicles. The bill would require the local health officer to
determine who is responsible for the remediation required by the act
when the local health officer conducts an inspection of a mobilehome,
manufactured home, or recreational vehicle and the mobilehome park
or special occupancy park on which it is located.
The bill would authorize a mobilehome park owner or special
occupancy park owner, as defined, to take specified actions, if the
registered owner of a mobilehome, manufactured home, or recreational
vehicle does not take the action required by an order issued by a
local health officer pursuant to the act or does not pay the city or
county for specified costs of remediation. The bill would specify
that the actions the mobilehome park owner or special occupancy park
owner may take under those circumstances include the remediation of
the mobilehome, manufactured home, or recreational vehicle, or
causing an authorized contractor to remove and dispose of the
mobilehome, manufactured home, or recreational vehicle.
The bill would also make conforming changes to the act with regard
to vacating the affected property, and the recording for, and
release of, a lien, restraint, or vehicle license stop, as defined,
for the costs of remediation.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25400.11 of the Health and Safety Code is
amended to read:
25400.11. For purposes of this chapter, the following definitions
shall apply:
(a) "Authorized contractor" means a person who has been trained or
received other qualifications pursuant to Section 25400.40.
(b) "Contaminated" or "contamination" means property polluted by a
hazardous chemical related to methamphetamine laboratory activities.
(c) "Controlled substance" has the same meaning as defined in
Section 11007.
(d) "Decontamination" means the process of reducing the level of a
known contaminant to a level that is deemed safe for human
reoccupancy, as established pursuant to Section 25400.16 using
currently available methods and processes.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Designated local agency" means either of the following:
(1) A city or county agency designated by the local health officer
to carry out all, or any portion of, responsibilities assigned to
the local health office as specified by this chapter. The local
health officer may authorize any of the following to serve as a
designated local agency:
(A) The Certified Unified Program or CUPA as certified pursuant to
Chapter 6.11 (commencing with Section 25404), except in a
jurisdiction where the state is acting as the CUPA pursuant to
subdivision (f) of Section 25404.3.
(B) The fire department or environmental health department.
(C) The local agency responsible for enforcement of the State
Housing Law (Part 1.5 (commencing with Section 17910) of Division
13).
(2) For property specified in paragraph (2) of subdivision (t),
notwithstanding Section 18300, the city or county agency specified in
paragraph (1) authorized by the local health officer in that
jurisdiction.
(g) "Disposal of contaminated property" means the disposal of
property that is a hazardous waste in accordance with Chapter 6.5
(commencing with Section 25100).
(h) "Hazardous chemical" means a chemical that is determined by
the local health officer to be toxic, carcinogenic, explosive,
corrosive, or flammable that was used in the manufacture or storage
of methamphetamine that is prohibited by Section 11383.
(i) "Illegal methamphetamine manufacturing or storage site" or
"site" means property where a person manufactures methamphetamine or
stores a hazardous chemical used in connection with the manufacture
of methamphetamine in violation of Section 11383.
(j) "Local health officer" means either of the following:
(1) Except as provided in paragraph (2), a county health officer,
a city health officer, or an authorized representative of that local
health officer.
(2) In the case of property specified in paragraph (2) of
subdivision (t), an authorized representative of the designated
agency specified in paragraph (2) of subdivision (f).
(k) "Manufactured home" means both of the following:
(1) "Manufactured home," as defined in Section 18007.
(2) "Multi-unit manufactured housing," as defined in Section
18008.7.
(l) "Methamphetamine laboratory activity" means the illegal
manufacturing or storage of methamphetamine.
(m) "Mobilehome" has the same meaning as defined in Section 18008.
(n) "Mobilehome park" means both of the following:
(1) "Mobilehome park," as defined in Section 18214 or 18214.1.
(2) "Manufactured housing community," as defined in Section 18801.
(o) "Office" means the Office of Environmental Health Hazard
Assessment.
(p) "Posting" means attaching a written or printed announcement
conspicuously on property that is determined to be contaminated by a
methamphetamine laboratory activity or the storage of methamphetamine
or a hazardous chemical.
(q) "Preliminary site assessment work plan" or "PSA work plan"
means a plan to conduct activities to determine the extent and level
of contamination of an illegal methamphetamine manufacturing or
storage site and that is prepared in accordance with the requirements
of Section 25400.36.
(r) "Preliminary site assessment" or "PSA" means the activities
taken to determine the extent and level of contamination of an
illegal methamphetamine manufacturing or storage site that are
conducted in accordance with an approved PSA work plan.
(s) "Preliminary site assessment report" or "PSA report" means a
determination that the levels of contamination at an illegal
methamphetamine manufacturing or storage site require remediation,
including a recommendation for the remedial actions required for the
site to meet human occupancy standards, and that is prepared in
accordance with Section 25400.37.
(t) (1) "Property" means a parcel of land, structure, or part of a
structure where the manufacture of methamphetamine or storage of
methamphetamine or a hazardous chemical that is prohibited by Section
11383, occurred.
(2) "Property" also includes any of the following where the
manufacture of methamphetamine or storage of methamphetamine or a
hazardous chemical that is prohibited by Section 11383, occurred:
(A) A mobilehome park.
(B) A mobilehome or manufactured home located in a mobilehome park
or special occupancy park, or a recreational vehicle sited in a
mobilehome park or special occupancy park, including any accessory
building or structure under the ownership or control of the owner of
the manufactured home, mobilehome, or recreational vehicle sited in
the mobilehome park or special occupancy park.
(C) A special occupancy park.
(3) If a mobilehome or manufactured home is not located in a
mobilehome park or special occupancy park, then paragraph (1) is
applicable to that mobilehome or manufactured home.
(u) (1) "Property owner" means a person owning property by reason
of obtaining it by purchase, exchange, gift, lease, inheritance, or
legal action, and who is responsible for the remediation of the
property pursuant to this chapter.
(2) "Owner," for purposes of a mobilehome park, means the owner of
the real property on which the mobilehome park is located.
(3) "Owner" for purposes of a special occupancy park, means the
owner of the real property on which the special occupancy park is
located.
(v) "Recreational vehicle" has the same meaning as defined in
Section 18010, but only if that vehicle is sited in a mobilehome park
or special occupancy park.
(w) "Special occupancy park" has the same meaning as defined in
Section 18862.43.
(x) "Storage site" means any property used for the storage of a
hazardous chemical or methamphetamine that is prohibited by Section
11383.
(y) "Vehicle license stop" means the Department of Motor Vehicles
is prohibited from renewing the registration of a vehicle, or from
allowing the transfer of any title to, or interest in, that vehicle.
(z) "Warning" means a sign posted by the local health officer
conspicuously on property where methamphetamine was manufactured or
stored, informing occupants that hazardous chemicals exist on the
premises and that entry is unsafe.
SEC. 2. Section 25400.18 of the Health and Safety Code is amended
to read:
25400.18. Within 48 hours after receiving notification from a law
enforcement agency of potential contamination of property by a
methamphetamine 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 laboratory was seized on or
inside the property or, or in the case of a mobilehome, manufactured
home, or recreational vehicle, a statement that a methamphetamine
lab 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).
SEC. 3. Section 25400.19 of the Health and Safety Code is amended
to read:
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 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 (t) 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.
(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 manufacturing or storage site.
(2) The extent of the property actually used and contaminated in
the manufacture of methamphetamine or the storage of methamphetamine
or a hazardous chemical.
(3) The chemical process that was involved in the illegal
methamphetamine manufacturing.
(4) The chemicals that were removed from the scene.
(5) The location of the illegal methamphetamine manufacturing or
storage site in relation to the habitable areas of the property.
SEC. 4. Section 25400.20 of the Health and Safety Code is amended
to read:
25400.20. (a) Upon completing an inspection pursuant to Section
25400.19, the local health officer shall immediately determine
whether the property is contaminated.
(b) If the local health officer determines the property is
contaminated, the local health officer shall take the actions
specified in Section 25400.22.
(c) If the local health officer determines that the property is
not contaminated, within three working days after making that
determination, the local health officer shall remove all notices
posted pursuant to Section 25400.18 and prepare a written
documentation of this determination, which shall include all of the
following:
(1) Findings and conclusions.
(2) Name of the property owner, and, if applicable, mailing and
street address or space number of the property or vehicle
identification number of the recreational vehicle.
(3) Parcel identification number, if applicable.
(d) Within 10 working days after preparing a written documentation
of the determination made pursuant to subdivision (c) that the
property is not contaminated, the local health officer shall send a
copy of the documentation to the property owner, and to the local
agency responsible for enforcement of the State Housing Law (Part 1.5
(commencing with Section 17910) of Division 13).
(e) In the case of a property specified in paragraph (2) of
subdivision (t) of Section 25400.11, the local health officer shall,
upon completing the inspection pursuant to Section 25400.19,
determine the responsibility for the remediation required pursuant to
this chapter in accordance with the following:
(1) Except as provided in paragraph (3), if the land on which the
mobilehome, manufactured home, or recreational vehicle is located is
contaminated, the owner of the mobilehome park or special occupancy
park shall be held responsible for compliance with this chapter.
(2) Except as provided in paragraph (3), if the mobilehome,
manufactured home, or recreational vehicle is contaminated, the
registered owner of the mobilehome, manufactured home, or
recreational vehicle shall be held responsible for compliance with
this chapter.
(3) If both the land on which the mobilehome, manufactured home,
or recreation vehicle is located is contaminated and the mobilehome,
manufactured home, or recreational vehicle itself is contaminated,
the local health officer shall determine, based on the local health
officer's findings and determinations, whether the owner of the
mobilehome park or special occupancy park or the registered owner of
the mobilehome, manufactured home, or recreational vehicle, or both,
shall be held responsible for compliance with this chapter. The local
health officer shall submit a notice to each owner determined to be
responsible for remediation, as to the owner's individual
responsibility pursuant to this chapter.
(4) If the local health officer makes the determination specified
in paragraph (2) or (3), the mobilehome park or special occupancy
park manager and the owner of the land on which the mobilehome,
manufactured home, or recreational vehicle is located shall also
receive a copy of any notice served on the registered owner, lessee,
renter, or occupant of the mobilehome, manufactured home, or
recreational vehicle.
SEC. 5. Section 25400.22 of the Health and Safety Code is amended
to read:
25400.22. (a) No later than 10 working days after the date when a
local health officer determines that property is contaminated
pursuant to subdivision (b) of Section 25400.20, the local health
officer shall do all of the following:
(1) Except as provided in paragraph (2), if the property is real
property, record with the county recorder a lien on the property. The
lien shall specify all of the following:
(A) The name of the agency on whose behalf the lien is imposed.
(B) The date on which the property is determined to be
contaminated.
(C) The legal description of the real property and the assessor's
parcel number.
(D) The record owner of the property.
(E) The amount of the lien, which shall be the greater of two
hundred dollars ($200) or the costs incurred by the local health
officer in compliance with this chapter, including, but not limited
to, the cost of inspection performed pursuant to Section 25400.19 and
the county recorder's fee.
(2) (A) If the property is a mobilehome or manufactured home
specified in paragraph (2) of subdivision (t) of Section 25400.11,
amend the permanent record with a restraint on the mobilehome, or
manufactured home with the Department of Housing and Community
Development, in the form prescribed by that department, providing
notice of the determination that the property is contaminated.
(B) If the property is a recreational vehicle specified in
paragraph (2) of subdivision (t) of Section 25400.11, perfect by
filing with the Department of Motor Vehicles a vehicle license stop
on the recreational vehicle in the form prescribed by that
department, providing notice of the determination that the property
is contaminated.
(C) If the property is a mobilehome or manufactured home, not
subject to paragraph (2) of subdivision (t) of Section 25400.11, is
located on real property, and is not attached to that real property,
the local health officer shall record a lien for the real property
with the county recorder, and the Department of Housing and Community
Development shall amend the permanent record with a restraint for
the mobilehome or manufactured home, in the form and with the
contents prescribed by that department.
(3) A lien, restraint, or vehicle license stop issued pursuant to
paragraph (2) shall specify all of the following:
(A) The name of the agency on whose behalf the lien, restraint, or
vehicle license stop is imposed.
(B) The date on which the property is determined to be
contaminated.
(C) The legal description of the real property and the assessor's
parcel number, and the mailing and street address or space number of
the manufactured home, mobilehome, or recreational vehicle or the
vehicle identification number of the recreational vehicle, if
applicable.
(D) The registered owner of the mobilehome, manufactured home, or
recreational vehicle, if applicable, or the name of the owner of the
real property as indicated in the official county records.
(E) The amount of the lien, if applicable, which shall be the
greater of two hundred dollars ($200) or the costs incurred by the
local health officer in compliance with this chapter, including, but
not limited to, the cost of inspection performed pursuant to Section
25400.19 and the fee charged by the Department of Housing and
Community Development and the Department of Motor Vehicles pursuant
to paragraph (2) of subdivision (b).
(F) Other information required by the county recorder for the
lien, the Department of Housing and Community Development for the
restraint, or the Department of Motor Vehicles for the vehicle
license stop.
(4) Issue to persons specified in subdivisions (d), (e), and (f)
an order prohibiting the use or occupancy of the contaminated
portions of the property.
(b) (1) The county recorder's fees for recording and indexing
documents provided for in this section shall be in the amount
specified in Article 5 (commencing with Section 27360) of Chapter 6
of Part 3 of Title 3 of the Government Code.
(2) The Department of Housing and Community Development and the
Department of Motor Vehicles may charge a fee to cover its
administrative costs for recording and indexing documents provided
for in paragraph (2) of subdivision (a).
(c) (1) A lien recorded pursuant to subdivision (a) shall have the
force, effect, and priority of a judgment lien. The restraint
amending the permanent record pursuant to subdivision (a) shall be
displayed on any manufactured home or mobilehome title search until
the restraint is released. The vehicle license stop shall remain in
effect until it is released.
(2) The local health officer shall not authorize the release of a
lien, restraint, or vehicle license stop made pursuant to subdivision
(a), until one of the following occurs:
(A) The property owner satisfies the real property lien, or the
contamination in the mobilehome, manufactured home, or recreational
vehicle is abated to the satisfaction of the local health officer
consistent with the notice in the restraint, or vehicle license stop
and the local health officer issues a release pursuant to Section
25400.27.
(B) For a manufactured home or mobilehome, the local health
officer determines that the unit will be destroyed or permanently
salvaged. For the purposes of this paragraph, the unit shall not be
reregistered after this determination is made unless the local health
officer issues a release pursuant to Section 25400.27.
(C) The lien, restraint, or vehicle license stop is extinguished
by a senior lien in a foreclosure sale.
(d) Except as otherwise specified in this section, an order issued
pursuant to this section shall be served, either personally or by
certified mail, return receipt requested in the following manner:
(1) For real property, to all known occupants of the property and
to all persons who have an interest in the property, as contained in
the records of the recorder's office of the county in which the
property is located.
(2) In the case of a mobilehome or manufactured home, the order
shall be served to 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.
(3) In the case of a recreational vehicle, the order shall be
served on 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.
(e) If the whereabouts of the person described in subdivision (d)
are unknown and cannot be ascertained by the local health officer, in
the exercise of reasonable diligence, and the local health officer
makes an affidavit to that effect, the local health officer shall
serve the order by personal service or by mailing a copy of the order
by certified mail, postage prepaid, return receipt requested, as
follows:
(1) The order related to real property shall be served to each
person at the address appearing on the last equalized tax assessment
roll of the county where the property is located, and to all
occupants of the affected unit.
(2) In the case of a mobilehome or manufactured home, the order
shall be served to 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, at the address
appearing on the permanent record and all occupants of the affected
unit at the mobilehome park space.
(3) In the case of a recreational vehicle, the order shall be
served on 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, at the address appearing on the permanent record and
all occupants of the affected vehicle at the mobilehome park or
special occupancy park space.
(f) (1) The local health officer shall also mail a copy of the
order required by this section to the address of each person or party
having a recorded right, title, estate, lien, or interest in the
property and to the association of a common interest development, as
defined in Section 1351 of the Civil Code.
(2) In addition to the requirements of paragraph (1), if the
affected property is a mobilehome, manufactured home, or recreational
vehicle, specified in paragraph (2) of subdivision (t) of Section
25400.11, the order issued by the local health officer shall also be
served, either personally or by certified mail, return receipt
requested, to the owner of the mobilehome park or special occupancy
park.
(g) The order issued pursuant to this section shall include all of
the following information:
(1) A description of the property.
(2) The parcel identification number, address, or space number, if
applicable.
(3) The vehicle identification number, if applicable.
(4) A description of the local health officer's intended course of
action.
(5) A specification of the penalties for noncompliance with the
order.
(6) A prohibition on the use of all or portions of the property
that are contaminated.
(7) A description of the measures the property owner is required
to take to decontaminate the property.
(8) An indication of the potential health hazards involved.
(9) A statement that a property owner who fails to provide a
notice or disclosure that is required by this chapter is subject to a
civil penalty of up to five thousand dollars ($5,000).
(h) The local health officer shall provide a copy of the order to
the local building or code enforcement agency or other appropriate
agency responsible for the enforcement of the State Housing Law (Part
1.5 (commencing with Section 17910) of Division 13).
(i) The local health officer shall post the order in a conspicuous
place on the property within one working day of the date that the
order is issued.
SEC. 6. Section 25400.25 of the Health and Safety Code is amended
to read:
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 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 Mobilehome Residency Law
(Chapter 2.5 (commencing with Section 798) of Title 2 of Part 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
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 laboratory site remediation firm that is an
authorized contractor to remediate the contamination caused by the
methamphetamine laboratory activity.
SEC. 7. Section 25400.26 of the Health and Safety Code is amended
to read:
25400.26. (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 laboratory activity, or a property
owner who owns property that is the subject of an order posted
pursuant to subdivision (i) of Section 25400.22, shall utilize the
services of an authorized contractor to remediate the contamination
caused by the methamphetamine laboratory activity, in accordance with
the procedures specified in this section.
(b) The property owner and the local health officer shall keep all
required records documenting decontamination procedures for three
years following certification that the property is habitable.
(c) The property owner or the property owner's
authorized contractor shall submit a preliminary site assessment work
plan to the local health officer for review no later than 30 days
after demonstrating to the local health officer that an authorized
contractor has been retained to remediate the contamination caused by
the methamphetamine laboratory activity.
(d) (1) No later than 10 working days after the date the PSA work
plan is submitted by the property owner, or the property owner's
authorized contractor, the local health officer shall review the PSA
work plan to determine whether the PSA work plan complies with this
chapter, including the procedures established pursuant to Section
25400.35.
(2) If there are any deficiencies in a submitted PSA work plan,
the local health officer shall inform the property owner and
authorized contractor, in writing, of those deficiencies no later
than 15 days of the date that the PSA work plan was submitted to the
local health officer.
(3) If the local health officer approves the plan, the local
health officer shall inform in writing, the property owner and
authorized contractor no later than 15 days of the date that the PSA
work plan was submitted to the local health officer.
(e) (1) After a PSA is completed in accordance with the PSA work
plan, the property owner and authorized contractor shall prepare a
PSA report in accordance with Section 25400.37 and submit the PSA
report to the local health officer.
(2) If after a PSA is completed in accordance with a PSA work
plan, and the local health officer, upon review of the PSA report,
determines there is no level of contamination at a site that requires
remediation, the local health officer shall take the actions
specified in Section 25400.27.
(f) The property owner shall complete remediation of all
applicable portions of the contaminated property in accordance with
this chapter no later than 90 days after the date that the PSA work
plan has been approved by the local health officer. The local health
officer may extend the date for completion of the remediation, in
writing.
(g) If the owner of a mobilehome park performs the remediation on
a manufactured home, mobilehome, or recreational vehicle that is
property pursuant to paragraph (2) of subdivision (t) of Section
25400.11, the owner of the mobilehome park shall comply with the
property owner requirements in subdivisions (a), (b), (c), (e), and
(f), and the local health officer shall provide information to that
owner as required by subdivision (d).
SEC. 8. Section 25400.27 of the Health and Safety Code is amended
to read:
25400.27. (a) If a local health officer determines that property
that has been the subject of a PSA report has been remediated in
accordance with this chapter, or if the local health officer makes
the determination specified in paragraph (2) of subdivision (e) of
Section 25400.26, the local health officer shall issue a no further
action determination.
(b) Within 10 working days of the date of making the determination
or of receiving payment for the amount of the lien recorded on real
property pursuant to paragraph (1) of subdivision (a) of Section
25400.22, whichever is later, the local officer shall do all of the
following:
(1) If the real property was the source of the contamination,
release the real property lien recorded with the county recorder. The
release shall specify all of the following:
(A) The name of the agency on whose behalf the lien is imposed.
(B) The recording date of the lien being released.
(C) The legal description of the real property and the assessor's
parcel number.
(D) The record owner of the property.
(E) The recording instrument, or book and page, of the lien being
released.
(2) If a mobilehome or manufactured home that is property pursuant
to paragraph (2) of subdivision (t) of Section 25400.11, was the
source of the contamination, release the restraint amended into the
permanent record of the Department of Housing and Community
Development, if the permanent record was amended previously with a
restraint. The release shall specify all of the following:
(A) The name of the agency on whose behalf the restraint was
filed.
(B) The date on which the property was determined to be
contaminated.
(C) The legal identification number of the unit for which the
restraint is being released.
(D) The legal owner, registered owner, and any junior lienholders
of the manufactured home or mobilehome.
(3) If a recreational vehicle that is property pursuant to
paragraph (2) of subdivision (t) of Section 25400.11, was the source
of the contamination, release the vehicle license stop filed with the
Department of Motor Vehicles. The release shall specify all of the
following:
(A) The name of the agency on whose behalf the vehicle license
stop is imposed.
(B) The recording date of the vehicle license stop being released.
(C) The vehicle identification number.
(D) The legal and registered owner of the property.
(4) Send a copy of the release stating that the property was
remediated in accordance with this chapter, does not violate the
standard for human occupancy established pursuant to this chapter,
and is habitable, or was salvaged or destroyed pursuant to
subparagraph (B) of paragraph (2) of subdivision (c) of Section
25400.22, to the property owner, owner of the mobilehome park or
special occupancy park in which the property is located, to the
property owner, local agency responsible for the enforcement of the
State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13), and all recipients pursuant to this section and Section
25400.22.
SEC. 9. Section 25400.28 of the Health and Safety Code is amended
to read:
25400.28. Until a property owner subject to Section 25400.25
receives a notice from a local health officer pursuant to Section
25400.27 that the property identified in an order requires no further
action, all of the following shall apply to that property:
(a) Except as otherwise required in Section 1102.3 or 1102.3a of
the Civil Code, the property owner shall notify the prospective buyer
in writing of the pending order, and provide the prospective buyer
with a copy of the pending order. The prospective buyer shall
acknowledge, in writing, the receipt of a copy of the pending order.
(b) The property owner shall provide written notice to all
prospective tenants that have completed an application to rent an
affected dwelling unit or other property of the remediation order,
and shall provide the prospective tenant with a copy of the order.
The prospective tenant shall acknowledge, in writing, the receipt of
the notice and pending order before signing a rental agreement. The
notice shall be attached to the rental agreement. If the property
owner does not comply with this subdivision, the prospective tenant
may void the rental agreement.
(c) (1) If a mobilehome, manufactured home, or recreational
vehicle, as specified in paragraph (2) of subdivision (t) of Section
25400.11, is the subject of the order issued by the local health
officer pursuant to paragraph (3) of subdivision (a) of Section
25400.22 or the subject of a notice posted pursuant to subdivision
(i) of Section 25400.22, the mobilehome, manufactured home, or
recreational vehicle shall not be sold, rented, or occupied until the
seller or lessor of the mobilehome, manufactured home, or
recreational vehicle or the seller's or lessor's agent notifies the
prospective buyer or tenant, and the owner of the mobilehome park or
special occupancy park in which the mobilehome, manufactured home, or
recreational vehicle is located, in writing, of all methamphetamine
laboratory activities that have taken place in the mobilehome,
manufactured home, or recreational vehicle and any remediation of the
home or vehicle, the prospective buyer, tenant, or lessee is
provided with a copy of the order.
(2) If a mobilehome, manufactured home, or recreational vehicle
specified in paragraph (1) is subject to a sale, the prospective
buyer shall acknowledge in writing receipt of the notice and a copy
of the order specified in this subdivision before taking possession
of the mobilehome, manufactured home, or recreational vehicle.
(3) If the mobilehome, manufactured home, or recreational vehicle
specified in paragraph (1) is subject to a rental agreement or lease,
the notice and order specified in this subdivision shall be attached
to the rental agreement.
(4) If the owner of a mobilehome, manufactured home, or
recreational vehicle specified in paragraph (1) does not comply with
the requirements of this subdivision, a prospective tenant may void
the rental agreement and a prospective buyer may void the purchase
agreement, as applicable.
(5) If the remediation of a mobilehome, manufactured home, or
recreational vehicle specified in paragraph (1) is not completed by
the registered owner of the mobilehome, manufactured home, or
recreational vehicle in compliance with an order issued by a local
health officer pursuant to this chapter, in addition to authority
granted by Mobilehome Residency Law (Chapter 2.5 (commencing with
Section 798) of Title 2 of Part 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 the Civil Code), the owner
of the mobilehome park or special occupancy park may remove,
dismantle, demolish, or otherwise abate the nuisance.
(6) An activity specified in paragraph (5) to remove and dispose
of the mobilehome, manufactured home, or recreational vehicle shall
only be taken by an authorized contractor. In addition to any other
requirements of this chapter, the registered owner of the
recreational vehicle or registered owner of the mobilehome or
manufactured home, as applicable, is severally and collectively
liable for the cost of any remediation ordered by the local health
officer.
SEC. 10. Section 25400.30 of the Health and Safety Code is amended
to read:
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
subdivision (a) regarding property specified in paragraph (2) of
subdivision (t) 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.
SEC. 11. Section 25400.36 of the Health and Safety Code is amended
to read:
25400.36. The PSA work plan shall include, but is not limited to,
all of the following:
(a) The physical location of the property.
(b) A summary of the information obtained from law enforcement,
the local health officer, and other involved local agencies. The
summary shall include a discussion of the information's relevance to
the contamination, including areas suspected of being contaminated,
and may include all of the following information:
(1) Duration of laboratory operation and number of batches cooked
or processed.
(2) Hazardous chemicals known to have been manufactured.
(3) Recipes and methods used.
(4) Chemicals and equipment found, by location, used in connection
with the manufacture or storage of the hazardous chemicals.
(5) Location of contaminated cooking and storage areas.
(6) Visual assessment of the severity of contamination inside and
outside of the structure where the laboratory was located.
(7) Assessment of contamination of adjacent rooms, units,
apartments, or structures.
(8) Disposal methods observed at or near the site, including
dumping, burning, burial, venting, or drain disposal.
(9) A comparison of the chemicals on the manifest with known
methods of manufacture in order to identify other potential
contaminants.
(10) A determination as to whether the methamphetamine
manufacturing method included the use of chemicals containing mercury
or lead, including lead acetate, mercuric chloride, or mercuric
nitrate.
(c) A description of the areas to be sampled and the basis for the
selection of the areas. This element of the PSA work plan shall also
document the decision process used in determining not to sample
particular areas. The PSA work plan shall consider both primary and
secondary areas of concern.
(1) The primary areas of concern included in the work plan shall
include all the following areas:
(A) Any area that has obvious staining caused by the use or
manufacture of hazardous chemicals.
(B) Any processing or cooking area, with contamination caused by
spills, boilovers, or explosions, or by chemical fumes and gases
created during cooking. The area may include floors, walls, ceilings,
glassware, and containers, working surfaces, furniture, carpeting,
draperies and other textile products, plumbing fixtures and drains,
and heating and air-conditioning vents.
(C) Any disposal area, including such indoor areas as sinks,
toilets, bathtubs, plumbing traps and floor drains, vents, vent fans,
and chimney flues and such outdoor areas that may be contaminated by
dumping or burning on or near soil, surface water, groundwater,
sewer or storm systems, septic systems, and cesspools.
(D) Chemical storage areas that may be contaminated by spills,
leaks, or open containers.
(2) The secondary areas of concern shall include all of the
following:
(A) Any location where contamination may have migrated, including
hallways or other high traffic areas.
(B) Common areas in multiple dwellings, apartments, and adjacent
apartments or rooms, or mobilehome parks and special occupancy parks,
including adjacent permanent buildings, manufactured homes,
mobilehomes, or recreational vehicles, and the floors, walls,
ceilings, furniture, carpeting, light fixtures, blinds, draperies and
other textile products in all of those areas.
(C) Common ventilation or plumbing systems in hotels, mobilehome
parks, special occupancy parks, and multiple dwellings.
(d) Sampling protocols, analytical methods and laboratories to use
and their relevant certifications or accreditations.
(e) A description of areas and items that will be remediated in
lieu of sampling, if any.
SEC. 12. Section 25400.37 of the Health and Safety Code is amended
to read:
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.
SEC. 13. Section 25400.45 of the Health and Safety Code is amended
to read:
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
laboratory activity is subject to a civil penalty in an amount of up
to five thousand dollars ($5,000).
SEC. 14. Section 25400.46 of the Health and Safety Code is amended
to read:
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 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 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).
SEC. 15. Section 25400.47 is added to the Health and Safety Code,
to read:
25400.47. (a) If the registered owner of a mobilehome,
manufactured home, or recreational vehicle, in or about which
methamphetamine laboratory activity occurred, does not take the
action required by subdivision (b) of Section 25400.25, within 30
days, as required by the order issued by a local health officer, or
does not pay the city or county for the costs of remediation
specified in subdivision (c) of Section 25400.30, the mobilehome park
or special occupancy park owner may immediately initiate the actions
authorized by paragraph (5) of subdivision (c) of Section 25400.28,
including, but not limited to, terminating the tenancy of the owner
of the mobilehome, manufactured home, or recreational vehicle, if
any, by a written noncurable three-day notice to quit, and not later
than 30 days after restitution of possession of the real property, or
vacation or abandonment of the tenancy, the mobilehome park or
special occupancy park owner or operator may abate any nuisance and
take any of the following actions:
(1) Remediate the mobilehome, manufactured home, or recreational
vehicle in accordance with the requirements of this chapter, in
compliance with the PSA workplan.
(2) Immediately cause an authorized contractor, to remove and
dispose of the mobilehome, manufactured home, or recreational
vehicle.
(3) Remove and dispose of the mobilehome, manufactured home, or
recreational vehicle.
(4) In a special occupancy park, notwithstanding Section 3072 of
the Civil Code or Sections 22851.3 or 22851.8 of the Vehicle Code, or
in a mobilehome park, enforce a warehouseman's lien in accordance
with Sections 7209 and 7210 of the Commercial Code against the
recreational vehicle.
(b) If the owner of a mobilehome, manufactured home, or
recreational vehicle, in or about which methamphetamine laboratory
activity occurred, does not pay the city or county for the costs of
remediation specified in subdivision (c) of Section 25400.30, or does
not reimburse the mobilehome park or special occupancy park owner
where the mobilehome, manufactured home, or recreational vehicle is
located, for any cost that the mobilehome park owner incurs pursuant
to this chapter to remediate the property, a mobilehome park owner
may, in addition to any other remedy allowed by law, treat the amount
due as rent and serve a notice and initiate an action for nonpayment
of rent as allowed by Section 798.56 of the Civil Code and a special
occupancy park owner may treat the amount due as rent and serve a
notice and initiate any action permitted for nonpayment of rent
pursuant to the Recreational Vehicle Park Occupancy Law (Chapter 2.6
(commencing with Section 799.20) of Title 2 of Part 2 of the Civil
Code).
(c) (1) A warehouseman's lien may be enforced pursuant to
paragraph (4) of subdivision (a) only if the notification specified
in paragraph (c) of subdivision (2) of Section 7210 of the Commercial
Code, in addition to including the itemized statement of the claim
of the mobilehome park or special occupancy park owner, also includes
an itemized statement of the city or county, if the city or county
submits to the mobilehome park or special occupancy park owner a
claim for the costs of remediation specified in subdivision (c) of
Section 25400.30 at least 10 days before service of the notification.
(2) A mobilehome park or special occupancy park owner may satisfy
a warehouseman's lien first from the proceeds of the sale of the
mobilehome, manufactured home, or recreational vehicle.
(3) A warehouseman's lien enforced pursuant to this section that
does not include a claim submitted by the city or county pursuant to
paragraph (1) shall be deemed to meet the notification requirements
of paragraph (1), but any balance of the proceeds of any sale shall
be held pursuant to subdivision (6) of Section 7210 of the Commercial
Code, for delivery on demand to the city or county, and thereafter
to any person to whom the mobilehome park or special occupancy park
owner would have been bound to deliver the mobilehome, manufactured
home, or recreational vehicle.
SEC. 16. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.