BILL NUMBER: SB 143	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2009

INTRODUCED BY   Senator Cedillo

                        FEBRUARY 11, 2009

    An act to amend and renumber the heading of Article 2
(commencing with Section 25395.115) of Chapter 6.83, and to repeal
Article 8 (commencing with Section 25395.109) of Chapter 6.82, and
Article 1 (commencing with Section 25395.110) of Chapter 6.83, of
Division 20 of,   An act to amend Sections 25395.109 and
25395.1   10 of  the Health and Safety Code, relating
to hazardous materials.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 143, as amended, Cedillo. Hazardous materials: California Land
Reuse and Revitalization Act of 2004.
   The California Land Reuse and Revitalization Act of 2004 provides,
among other things, that an innocent landowner, bona fide purchaser,
or contiguous property owner, as defined, qualifies for immunity
from liability from certain state laws for pollution conditions
caused by a release or threatened release of a hazardous material if
specified conditions are met. The act prohibits an agency, defined as
the Department of Toxic Substances Control, the State Water
Resources Control Board, or a California regional water quality
control board, from requiring one of those persons to take a response
action under certain state laws. The act also requires a bona fide
ground tenant, as defined, who seeks to qualify for immunity to make
all appropriate inquiries and enter into an agreement with an agency
along with one or more specified entities that agree to take
responsibility for implementation of a site assessment and response
plan. The act is repealed on January 1, 2010, unless a later enacted
statute deletes or extends that date.
   Existing law, which becomes operative on January 1, 2010, provides
for the continued immunity of a person subject to the act before its
repeal, after the repeal of the act, if the person continues to
comply with the repealed act.
   This bill would  delete   extend  the
repeal date of the act  , thereby continuing the act
indefinitely   to January 1, 2017  . The bill
 also  would  repeal   make
 the provisions providing for continued immunity after repeal of
the act  operative on January 1, 2017  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 25395.109 of the  
Health and Safety Code   is amended to read: 
   25395.109.  This chapter shall remain in effect only until January
1,  2010   2017  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2010   2017  , deletes or
extends that date.
   SEC. 2.    Section 25395.110 of the   Health
and Safety Code   is amended to read: 
   25395.110.  (a) A person who, before January 1,  2010
  2017  , qualifies for immunity pursuant to
Chapter 6.82 (commencing with Section 25395.60), as that chapter read
on December 31,  2009   2016  , shall
continue to have that immunity on and after January 1,  2010
  2017  , if the person continues to be in
compliance with the requirements of former Chapter 6.82 (commencing
with Section 25395.60), including, but not limited to, compliance
with all response plans approved pursuant to Article 6 (commencing
with Section 25395.90) of  former  Chapter 6.82, and
compliance with all other applicable laws.
   (b) This article shall become operative January 1,  2010
  2017  . 
  SECTION 1.    Article 8 (commencing with Section
25395.109) of Chapter 6.82 of Division 20 of the Health and Safety
Code is repealed.  
  SEC. 2.    Article 1 (commencing with Section
25395.110) of Chapter 6.83 of Division 20 of the Health and Safety
Code is repealed.  
  SEC. 3.    The heading of Article 2 (commencing
with Section 25395.115) of Chapter 6.83 of Division 20 of the Health
and Safety Code is amended and renumbered to read:

      Article 1.  Public Information