AB 427, as introduced, Mullin. Local government: Polanco Redevelopment Act.
Existing law, the Polanco Redevelopment Act, authorizes a redevelopment agency to take any action that the agency determines is necessary and consistent with state and federal laws to remedy or remove a release of hazardous substances on, under, or from property within a project area, whether the agency owns that property or not, subject to specified conditions. Existing law dissolved redevelopment agencies and provides for the winding down of the affairs of a redevelopment agency by a successor agency. Existing law provides that any existing cleanup plans and liability limits authorized under the Polanco Redevelopment Act shall be transferred to the successor agency and may be transferred to the successor housing entity at that entity’s request.
This bill would specify that a successor agency or successor housing entity may implement hazardous cleanup pursuant to the Polanco Redevelopment Act, with regard to enforceable obligations, including brownfield cleanup.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 33459 of the Health and Safety Code is
2amended to read:
For purposes of this article, the following terms shall
4have the following meanings:
5(a) “Department” means the Department of Toxic Substances
6Control.
7(b) “Director” means the Director of Toxic Substances Control.
8(c) “Hazardous substance” means any hazardous substance as
9defined in subdivision (h) of Section 25281, and any reference to
10hazardous substance in the definitions referenced in this section
11shall be deemed to refer to hazardous substance, as defined in this
12subdivision.
13(d) “Local agency” means a single local agency that is one of
14the
following:
15(1) A local agency authorized pursuant to Section 25283 to
16implement Chapter 6.7 (commencing with Section 25280) of, and
17Chapter 6.75 (commencing with Section 25299.10) of, Division
1820.
19(2) A local officer who is authorized pursuant to Section 101087
20to supervise a remedial action.
21(3) A successor agency or successor housing entity pursuant to
22subdivision (f) of Section 34173, with regard to enforceable
23obligations, including brownfield cleanup.
24(e) “Qualified independent contractor” means an independent
25contractor who is any of the following:
26(1) An engineering
geologist who is certified pursuant to
27Section 7842 of the Business and Professions Code.
28(2) A geologist who is registered pursuant to Section 7850 of
29the Business and Professions Code.
30(3) A civil engineer who is registered pursuant to Section 6762
31of the Business and Professions Code.
32(f) “Release” means any release, as defined in Section 25320.
33(g) “Remedy” or “remove” means any action to assess, evaluate,
34investigate, monitor, remove, correct, clean up, or abate a release
35of a hazardous substance or to develop plans for those actions.
36“Remedy” includes any action set forth in Section 25322 and
37“remove” includes any action set forth in Section 25323.
P3 1(h) “Responsible party” means
any person described in
2subdivision (a) of Section 25323.5 of this code or subdivision (a)
3of Section 13304 of the Water Code.
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