BILL NUMBER: AB 1235	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 18, 2011

   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. 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   a successor
agency, as defined, for any property that was within a redevelopment
project of a redevelopment agency that has been dissolved by an act
of the Legislature  .
   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.  (a) If a redevelopment agency has been dissolved by an act
of the Legislature and its successor agency maintains all the
rights, powers, and duties that were vested by this part in the
redevelopment agency prior to its dissolution, then any immunity
specified in Section 33459.3 that applied to a redevelopment agency
shall also apply to the successor agency for any property that was
within a redevelopment project of the redevelopment agency prior to
its dissolution.
   (b) "Successor agency" means the city, county, or city and county
that authorized the creation of each redevelopment agency. 

  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.