BILL NUMBER: AB 1235	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 13, 2011
	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   33459.7 
to the Health and Safety Code, relating to redevelopment  , and
declaring the urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1235, as amended, Roger Hernández.  Redevelopment:
property: hazardous substance release: immunities.  
Polanco Redevelopment Act: transfer of powers, obligations, and
protections. 
   The Polanco Redevelopment Act specifies  , among other things,
 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   all
rights, powers, duties, obligations, and protections  afforded
to a redevelopment agency under  these provisions 
 the Polanco Redevelopment Act  to 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. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . 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   33459.7  is
added to the Health and Safety Code, to read:
    33460   33459.7  .  (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   duties, obligations, and protections 
that were vested by this part in the redevelopment agency prior to
its dissolution, then  any immunity specified in Section
33459.3   all rights, powers, duties, obligations, and
protections  that applied to a redevelopment agency 
pursuant to this article  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   For purposes of this
section, "successor  agency" means the city, county, or city and
county that authorized the creation of each redevelopment agency.
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to conform to recently enacted legislation, it is
necessary that this act take immediate effect.