BILL NUMBER: SB 143	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 16, 2009
	AMENDED IN SENATE  APRIL 23, 2009

INTRODUCED BY   Senator Cedillo

                        FEBRUARY 11, 2009

   An act to amend Sections  25395.109  
25395.91, 25395.109,  and 25395.110 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 The act is repealed on January 1, 2010, unless a later enacted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comply with the repealed act.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 extend the repeal date of the act to January 1,
2017. The bill would make the provisions providing for continued
immunity after repeal of the act operative on January 1, 2017. 
   The bill also would authorize a prospective purchaser who is in
contract to acquire a site and who qualifies as a bona fide purchaser
to enter into a specified agreement with an agency. The bill would
prohibit a prospective purchaser who enters into an agreement from
receiving immunity until the prospective purchaser acquires the site.

   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 25395.91 of the  
Health and Safety Code   is amended to read: 
   25395.91.  (a)  Only a   Only the following
are eligible to enter into an agreement pursuant to this article:

    (1)     A  bona fide purchaser,
innocent landowner, or contiguous property owner who meets the
requirements specified in Section 25395.80  is eligible to
enter into an agreement pursuant to this article  . 
   (2) A prospective purchaser who is in contract to acquire a site
through a purchase agreement, option agreement, or otherwise, and
satisfies the requirements of Section 25395.69, except for any
provision that requires current ownership of the site. However, a
prospective purchaser who enters into an agreement pursuant to this
article shall not receive the immunities provided in Section 25395.81
until the time that the prospective purchaser acquires the site.

   (b) An agreement entered under this article is not subject to
Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of
the Public Contract Code, including, but not limited to, Section
10295 of the Public Contract Code.
   SECTION 1.   SEC. 2.   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, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
   SEC. 2.   SEC. 3.   Section 25395.110 of
the Health and Safety Code is amended to read:
   25395.110.  (a) A person who, before January 1, 2017, qualifies
for immunity pursuant to Chapter 6.82 (commencing with Section
25395.60), as that chapter read on December 31, 2016, shall continue
to have that immunity on and after January 1, 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, 2017.