BILL NUMBER: AB 1235	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 18, 2011

    An act to amend Section 65100 of the Government Code,
relating to local planning.   An act to add Section
33460 to the Health and Safety Code, relating to redevelopment. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1235, as amended, Roger Hernández.  Local planning.
  Redevelopment: property: hazardous substance release:
immunities.  
   The Polanco Redevelopment Act specifies that a redevelopment
agency that undertakes and completes an action, or causes another
person to undertake and complete an action, to remedy or remove a
hazardous substance release on, under, or from property within a
redevelopment project, in accordance with a cleanup or remedial
action plan prepared by a qualified independent contractor and
approved by the department or a California regional water quality
control board or a local agency, is not liable, with respect to that
release only, under the Porter-Cologne Water Quality Control Act, and
specified hazardous waste control and storage provisions, or any
other state or local law providing liability for remedial or removal
actions for releases of hazardous substances.  
   This bill would apply the immunities afforded to a redevelopment
agency under these provisions to any person or entity that acquires
property previously owned by a redevelopment agency upon the
dissolution of that redevelopment agency.  
   The Planning and Zoning Law provides that there is a planning
agency in each city and county with the powers necessary to carry out
the purposes that law.  
   This bill would make a technical, nonsubstantive change to that
law. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 33460 is added to the 
 Health and Safety Code   , to read:  
   33460.  Any immunity specified in Section 33459.3 shall apply to
any person or entity that acquires property formerly owned by a
redevelopment agency, if the redevelopment agency has been dissolved.
 
  SECTION 1.    Section 65100 of the Government Code
is amended to read:
   65100.  There is in each city and county a planning agency with
the authority necessary to carry out the purposes of this title. The
legislative body of each city and county shall by ordinance assign
the functions of the planning agency to a planning department, one or
more planning commissions, administrative bodies or hearing
officers, the legislative body itself, or any combination thereof, as
it deems appropriate and necessary. In the absence of an assignment,
the legislative body shall carry out all the functions of the
planning agency.