Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 440

Introduced by Assembly Member Gatto

begin insert

(Principal coauthor: Assembly Member Mullin)

end insert

February 15, 2013

An act to add Chapter 6.10 (commencing with Section 25403) to Division 20 of the Health and Safety Code, relating to hazardous substances.

LEGISLATIVE COUNSEL’S DIGEST

AB 440, as amended, Gatto. Hazardous substances: releases: local agency cleanup or remedy.

Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, perform obligations required pursuant to any enforceable obligation, including, but not limited to, any obligations under the Polanco Redevelopment Act to remedy or remove the release of hazardous substances within a project area consistent with state and federal laws, as specified.

Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substance removal or remedial actions and requires the Department of Toxic Substances Control to adopt, by regulation, criteria for the selection and for the priority ranking of hazardous substance release sites for removal or remedial action under the act.

This bill would authorize a local agency to take any action similar to that under the Polanco Redevelopment Act that the local agency determines is necessary, consistent with other state and federal laws, to remedy or remove a release of hazardous substances within the boundaries of the local agency, pursuant to the procedures specified in the bill.

The bill would require the Department of Toxic Substances Control and the California regional water quality control board to adopt and post cleanup guidelines for the taking of a begin delete remedial and end delete removal begin insert or remedial end insert action. A local agency would be required to submit for approval a cleanup plan to the regional board or a begin insert removal or end insert remedial action plan to the department before taking action. begin insert The bill would require a local agency to take specified actions with regard to providing an opportunity for the public and other public agencies to participate in decisions regarding the proposed removal or remedial action plan or cleanup plan. end insert The bill would allow the local agency to take those begin delete remedial or end delete removal begin insert or remedial end insert actions only under specified conditions with regard to the responsible party for the release, unless the local agency is taking action to investigate or conduct feasibility studies concerning a release or determines that conditions require immediate action.

The bill would allow the local agency to designate another agency, in lieu of the department or the regional board, to review and approve a cleanup plan or begin insert removal or end insert remedial action plan and to oversee the remediation or removal of hazardous substances from a hazardous substance release site, under certain conditions. The bill would immunize a local agency that remedies or removes a hazardous substance release, pursuant to those provisions, from liability under specified state laws, if the action is in accordance with a cleanup plan or begin insert removal or end insert remedial action plan prepared by a qualified independent contractor, as defined, and approved by the department, a regional board, or the designated agency, and the begin delete remedial or end delete removal begin insert or remedial end insert action is undertaken and properly completed. The bill would authorize the recovery by a local agency of cleanup and remedial costs from the begin delete liable end delete begin insert responsible end insert party.

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.  

Chapter 6.10 (commencing with Section 25403)
is added to Division 20 of the Health and Safety Code, to read:

 

Chapter  6.10. Hazardous Substance Release Cleanup

 

25403.  

For purposes of this article, the following terms shall
have the following meanings:

(a) “CUPA” means the Certified Unified Program Agency
certified to implement the unified program pursuant to Chapter
6.11 (commencing with Section 25404).

(b) “Department” means the Department of Toxic Substances
Control.

(c) “Designated agency” means an agency designated by the
local agency pursuant to paragraph (1) or (2) of subdivision (d) of
Section 25403.1.

(d) “Director” means the Director of Toxic Substances Control.

(e) “Hazardous substance” means a hazardous substance as
defined in subdivision (h) of Section 25281, and any reference to
hazardous substance in the definitions referenced in this section
shall be deemed to refer to hazardous substance, as defined in this
subdivision.

(f) “Local agency” means a county, a city, or a housing
authority, as provided in Section 34240.

(g) “Person” means an individual, trust, firm, joint stock
company, business concern, partnership, limited liability company,
association, and corporation, including, but not limited to, a
government corporation. “Person” also includes any local agency,
county, district, commission, the state or any department, agency,
or political subdivision thereof, any interstate body, and the federal
government or any department or agency thereof to the extent
permitted by law.

(h) “Phase I environmental assessment” has the same meaning
as defined in Section 25200.14, except with respect to a hazardous
substance.

(i) “Qualified independent contractor” means an independent
contractor who is any of the following:

(1) An engineering geologist who is certified pursuant to Section
7842 of the Business and Professions Code.

(2) A geologist who is registered pursuant to Section 7850 of
the Business and Professions Code.

(3) A civil engineer who is registered pursuant to Section 6762
of the Business and Professions Code.

(j) “Regional board” means a California regional water quality
control board.

(k) “Release” means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment.

(l) (1) “Remedy” or “remove” means an action to assess,
evaluate, investigate, monitor, remove, correct, clean up, or abate
a release of a hazardous substance or to develop plans for those
actions.

(2) “Remedy” includes all of the following:

(A) Those actions that are consistent with a permanent remedy,
that are taken instead of, or in addition to, removal actions in the
event of a release or threatened release of a hazardous substance
into the environment. “Remedy” also includes those actions
specified in Section 9601 of Title 42 of the United States Code,
except that any reference in Section 9601 of Title 42 of the United
States Code to the President, relating to determinations regarding
the relocation of residents, businesses, and community facilities
shall, for the purposes of this chapter, be deemed to be a reference
to the Governor, and any other reference in that section to the
President shall, for the purposes of this chapter, be deemed a
reference to the Governor, or the director, if designated by the
Governor.

(B) Those actions that are necessary to monitor, assess, and
evaluate a release or a threatened release of a hazardous substance.

(C) Site operation and maintenance.

(3) “Remove” includes the cleanup or removal of released
hazardous substances from the environment or the taking of other
actions as may be necessary to prevent, minimize, or mitigate
damage that may otherwise result from a release or threatened
release. “Remove” includes those actions specified in Section 9601
of Title 42 of the United States Code.

(m) “Responsible party” means a person described in subdivision
(a) of Section 25323.5 of this code or subdivision (a) of Section
13304 of the Water Code.

(n) “State board” means the State Water Resources Control
Board.

25403.1.  

(a) (1) A local agency may take any action that the
local agency determines is necessary and that is consistent with
other state and federal laws to remedy or remove a release of
hazardous substances on, under, or from property within a local
agency’s boundaries, whether the local agency owns that property
or not, in accordance with the requirements of this chapter. When
taking action pursuant to this chapter, if the local agency does not
own property that is the subject of the removal or remedial action,
the local agency has the right of entry upon that property, if, upon
providing notice to the owner of that property begin insert in accordance with
subparagraph (A) of paragraph (1) of subdivision (b) end insert , the owner
of the property does not respond to the notice begin insert or the local agency
deems the response inadequate end insert .

(2)  begin insert (A) end insert begin insert   end insert The department and regional board shall adopt and post
on that agency’s Internet Web site general cleanup guidelines with
regard to taking action to remedy or remove a release pursuant to
this chapter.

begin insert

(B) Paragraph (A) does not prohibit the department or the
regional board from approving site-specific cleanup guidelines,
with regard to taking an action to remedy or remove a release
pursuant to this chapter, as appropriate.

end insert

(3) The adoption and posting of general cleanup guidelines
pursuant to this section shall not be deemed the adoption of a
regulation for purposes of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code
and shall be exempt from those provisions.

(4)  A local agency shall, before taking action to remedy or
remove the release, do begin delete both end delete begin insert all end insert of the following:

(A) Have a begin insert removal or end insert remedial action plan or cleanup plan
prepared, pursuant to those guidelines, by an independent qualified
contractor.

(B) Submit a cleanup plan to the regional board or a begin insert removal
or end insert remedial action plan to the department for approval.

begin insert

(C) Comply with the public participation requirements specified
in Section 25403.7.

end insert

(5) The regional board or the department shall respond to the
local agency’s request for approval of a cleanup plan or begin insert removal
or end insert remedial action plan within 60 days of the receipt of the plan.

(6) Within 60 days after approval of the cleanup plan or begin insert removal
or end insert remedial action plan, pursuant to applicable statutes and
regulations, the director, or the regional board, as appropriate, shall
acknowledge, in writing, that upon proper completion of the
begin delete remedial or end delete removal begin insert or remedial end insert action in accordance with the
plan, the immunity provided by Section 25403.2 shall apply begin delete to the
local agency end delete .

(7) The local agency shall notify the department and local health
and building departments and the regional begin delete board, end delete begin insert board end insert of any
cleanup activity pursuant to this section at least 30 days before the
commencement of the activity.

(8) If an action taken by a local agency or a responsible party
to remedy or remove a release of a hazardous substance does not
meet, or is not consistent with, a cleanup plan approved by the
regional board or a begin insert removal or end insert remedial action plan approved by
the department, the department or the regional board that approved
the cleanup plan or begin insert removal or end insert remedial action plan may require
the begin insert responsible party or end insert local agency to take, or cause the taking
of, additional action to remedy or remove the release, as provided
by applicable law.

(9) If an administering agency for the site has been designated
pursuant to Section 25262, the department or the regional board
may impose any requirements for additional action pursuant to
paragraph (8) only as provided in Sections 26263 and 25265.

(10) If methane or landfill gas is present, the local agency shall
obtain written approval from the Department of Resources
Recycling and Recovery prior to taking action authorized under
this subdivision.

(b) Except as provided in subdivision (c), a local agency may
take the actions specified in subdivision (a) only under one of the
following conditions:

(1) There is no responsible party for the release identified by
the local agency.

(2) Both of the following apply:

(A) A party determined by the local agency to be a responsible
party for the release has been notified by the local agency, or has
received adequate notice from the department, a regional board,
the California Environmental Protection Agency, or other
governmental agency with relevant authority, and has been given
60 days to respond and to propose a begin insert removal or end insert remedial action
plan begin insert or cleanup plan end insert and schedule.

(B) The responsible party specified in subparagraph (A) has not
agreed within an additional 60 days to implement a plan and
schedule to remedy or remove the release that meets both of the
following requirements:

(i) The plan and schedule are acceptable to the local agency.

(ii) The local agency makes a finding that the plan and schedule
are consistent with the intended use of the property.

(3) (A) The party determined by the local agency to be the
responsible party for the hazardous substance release entered into
an agreement with the local agency to prepare a begin insert removal or end insert
remedial action plan or cleanup plan for approval by the
department, the regional board, or the appropriate local agency,
and to implement the begin insert removal or end insert remedial action plan or cleanup
plan in accordance with an agreed schedule, but failed to do any
of the following:

(i) Prepare the begin insert removal or end insert remedial action plan or cleanup plan.

(ii) Implement the begin insert removal or end insert remedial action plan or cleanup
plan in accordance with the agreed schedule.

(iii) Otherwise failed to carry out the begin insert removal or end insert remedial action
in an appropriate and timely manner.

(B) An action taken by the local agency pursuant to this
paragraph shall be consistent with any agreement between the local
agency and the responsible party and with the requirements of the
state agency or the local agency that approved or will approve the
begin insert removal or end insert remedial action plan or cleanup plan and is overseeing
or will oversee the preparation and implementation of the begin insert removal
or end insert remedial action plan.

(c) Subdivision (b) does not apply to either of the following:

(1) A local agency taking actions to investigate or conduct
feasibility studies concerning a release.

(2) A local agency taking the actions specified in subdivision
(a) if the local agency determines that conditions require immediate
action.

(d) (1) A local agency may designate another agency, in lieu
of the department or the regional board, to review and approve a
cleanup plan or a begin insert removal or end insert remedial action plan and to oversee
the remediation or removal of hazardous substances from a specific
hazardous substance release site if the agency is designated as the
administering agency under Section 25262. In that event, the
designated agency shall conduct the oversight of the begin insert removal or end insert
remedial action in accordance with Chapter 6.65 (commencing
with Section 25260), and all provisions of that chapter shall apply
to the begin insert removal or end insert remedial action.

(2) A local agency may designate another agency to review and
approve a cleanup plan or a begin insert removal or end insert remedial action plan for a
site and oversee the remediation and removal action at the site if
all of the following conditions exist:

(A) The designated agency is certified as a CUPA.

(B) The site is an underground storage tank site subject to
Chapter 6.7 (commencing with Section 25280).

(C) The designated agency is certified pursuant to Section
25297.01 and the state board has entered into an agreement with
that agency pursuant to Section 25297.1.

(D) The designated agency determines that the site is within the
guidelines and protocols established in, and pursuant to, the
agreement specified in subparagraph (C).

(E) The designated agency consents to the designation.

(3) Within 60 days after approving a cleanup plan or a begin insert removal
or end insert remedial action plan pursuant to paragraph (1) or (2), the
designated agency shall issue a notice that, upon proper completion
of the begin insert removal or end insert remedial begin delete or removal end delete action plan, the immunity
specified in Section 25403.2 shall apply begin delete to the local agency end delete . If the
designated agency was formed by the local agency, the cleanup
plan or begin insert removal or end insert remedial action plan shall also be subject to
the approval of the department or regional board.

(4) (A) An agency may not consent to the designation pursuant
to paragraph (1) or (2) unless the designated agency determines
that it has adequate staff resources and the requisite technical
expertise and capabilities available to adequately supervise the
begin insert removal or end insert remedial action.

(B) If an agency has been designated pursuant to paragraph (2),
the department or a regional board may require the designated
agency begin insert to end insert withdraw from the designation or stop taking begin delete that end delete action
begin insert pursuant to that designation end insert , after providing the designated agency
with adequate notice, if both of the following conditions are met:

(i) The department or a regional board determines that the
agency’s designation was not consistent with paragraph (2), or
makes one of the findings specified in subdivision (d) of Section
101480.

(ii) The department or a regional board determines that it has
adequate staff resources and capabilities available to adequately
supervise the begin insert removal or end insert remedial action, and assumes that
responsibility.

(C) This paragraph does not prevent a regional board from taking
an action pursuant to Division 7 (commencing with Section 13000)
of the Water Code.

(5) If an agency has been designated pursuant to paragraph (1)
or (2), the designated agency may, after providing the local agency
with adequate notice, withdraw from its designation or stop taking
action begin insert pursuant to that designation end insert after making one of the findings
specified in subdivision (d) of Section 101480.

(e) (1) To facilitate remedial planning, the local agency may
require the owner or operator of a site within the local agency’s
jurisdictional boundaries to provide the local agency with all
existing environmental information pertaining to the site, including
the results of any phase I or subsequent environmental assessment,
any assessment conducted pursuant to an order from, or agreement
with, any federal, state, or local agency, and any other
environmental assessment information, except that which is
determined to be privileged.

(2) A person requested to furnish the information pursuant to
paragraph (1) shall be required only to furnish that information
that may be within that person’s possession or control, including
actual knowledge of information within the possession or control
of any other party. If environmental assessment information is not
available, the local agency may require the owner of the property
to conduct, and to pay the expenses of conducting, an assessment
in accordance with standard real estate practices for conducting
phase I or phase II environmental assessments. begin insert If the local agency
conducts the phase I or phase II environmental assessment because
the owner or operator failed to provide this information, the local
agency shall have a right of entry, upon reasonable notice, to enter
the property and conduct the phase I or phase II environmental
assessment. The local agency may recover the costs of the phase
I or phase II environmental assessment in accordance with Section
25403.5. end insert

25403.2.  

(a) (1) Notwithstanding any other law, except as
otherwise provided in this chapter, a local agency that undertakes
and completes an action, or causes another person to undertake
and complete an action pursuant to Section 25403.1 for which a
finding of completion is made pursuant to subdivision (b), to
remedy or remove a hazardous substance release on, under, or
from property begin insert within end insert the local agency’s boundaries, in accordance
with a cleanup plan or begin insert removal or end insert remedial action plan prepared
by a qualified independent contractor and approved by the
department, a regional board, or the designated agency, in
accordance with Section 25403.1 begin insert , end insert is not liable, with respect to that
release only, pursuant to any of the following:

(A) Division 7 (commencing with Section 13000) of the Water
Code.

(B) Chapter 6.5 (commencing with Section 25100), Chapter 6.7
(commencing with Section 25280), Chapter 6.75 (commencing
with Section 25299.10), or Chapter 6.8 (commencing with Section
25300), of Division 20.

(C) Any other state or local law imposing liability for begin delete remedial
or end delete removal begin insert or remedial end insert actions to releases of hazardous substances.

(2) If the begin insert removal or end insert remedial action was also performed
pursuant to Chapter 6.65 (commencing with Section 25260) of
Division 20, and a certificate of completion is issued pursuant to
subdivision (b) of Section 25264, the immunity from local agency
action provided by the certificate of completion, as specified in
subdivision (c) of Section 25264, shall apply to the local agency,
in addition to the immunity conferred by this section.

(3) In the case of a begin insert removal or end insert remedial action performed
pursuant to Chapter 6.65 (commencing with Section 25260) of
Division 20, and for which the administering agency is a local
agency, the limitations on the certificate of completion set forth
in paragraphs (1) to (6), inclusive, of subdivision (c) of Section
25264 are limits on any immunity provided for by this section and
subdivision (c) of Section 25264.

(b) Notwithstanding any provision of law or policy providing
for certification by a person conducting a begin delete remedial or end delete removal begin insert or
remedial end insert action that the action has been properly completed, a
determination that a begin delete remedial or end delete removal begin insert or remedial end insert action has
been properly completed pursuant to this section shall be made
only upon the affirmative approval of the director, the regional
board, or the designated agency, as appropriate. The department
or regional board, as appropriate, shall, within 60 days of the date
it finds that a begin delete remedial or end delete removal begin insert or remedial end insert action has been
completed, notify the local agency in writing that the immunity
provided by this section is in effect. If another agency is designated
to oversee the begin delete remedial or end delete removal begin insert or remedial end insert action pursuant
to paragraph (1) or (2) of subdivision (d) of Section 25403.1, the
designated agency shall issue a notice within 60 days of the date
it finds that a begin delete remedial or end delete removal begin insert or remedial end insert action has been
completed.

(c) Upon proper completion of a begin delete remedial or end delete removal begin insert or
remedial end insert action, as specified in subdivision (b), the immunity from
action provided by the certificate of completion provided pursuant
to subdivision (c) of Section 25264 and the immunity provided by
this section extends to all of the following, but only for the release
or releases specifically identified in the approved cleanup or
begin insert removal or end insert remedial action plan and not for any subsequent release
or any release not specifically identified in the approved cleanup
plan or begin insert removal or end insert remedial action plan:

(1) An employee or agent of the local agency, including an
instrumentality of the local agency authorized to exercise some,
or all, of the powers of a local agency within, or for the benefit of,
a local agency and an employee or agent of the instrumentality.

(2) A person that enters into an agreement with a local agency
for the development of property, if the agreement requires the
person to acquire property affected by a hazardous substance
release or to remove or remedy a hazardous substance release with
respect to that property.

(3) A person that acquires the property after a person has entered
into an agreement with a local agency for development of the
property, as described in paragraph (2).

(4) A person that provides financing to a person specified in
paragraph (2) or (3).

(d) Notwithstanding any other law, the immunity provided by
this section does not extend to any of the following:

(1) A person that was a responsible party for the release before
entering into an agreement, acquiring property, or providing
financing, as specified in subdivision (c).

(2) A person specified in subdivision (a) or (c) for any
subsequent release of a hazardous substance or any release of a
hazardous substance not specifically identified in the approved
cleanup plan or begin insert removal or end insert remedial action plan.

(3) A contractor who prepares the cleanup plan or begin insert removal or end insert
remedial action plan, or conducts the removal or remedial action.

(4) A person that obtains an approval of a cleanup plan or
begin insert removal or end insert remedial action plan pursuant to Section 25403.1, or
a finding, as specified in subdivision (b), by fraud, negligent or
intentional nondisclosure, or misrepresentation, and a person that
knows before the approval or determination is obtained or before
the person enters into an agreement, acquires the property or
provides financing, as specified in subdivision (c), that the approval
or determination was obtained by these means.

(e) The immunity provided by this section is in addition to any
other immunity provided by law to a local agency.

(f) This section does not impair any cause of action by a local
agency or any other party against the person responsible for the
hazardous substance release that is the subject of the removal or
remedial action taken by the local agency or other person immune
from liability pursuant to this section.

(g) This section does not apply to, or limit, alter, or restrict, an
action for personal injury or wrongful death.

(h) This section does not limit liability of a person described in
paragraph (3) or (4) of subdivision (d) for damages under the
federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et
seq.).

(i) This section does not establish, limit, or affect the liability
of a local agency for a release of a hazardous substance that is not
investigated or remediated pursuant to this section or Chapter 6.65
(commencing with Section 25260).

25403.3.  

The immunity provided for by Section 25403.2 is
only conferred if both of the following apply:

(a) The action is in accordance with a cleanup plan or begin insert removal
or end insert remedial action plan prepared by a qualified independent
contractor and approved by the department, a regional board, or
the designated agency, as appropriate, pursuant to Section 25403.1.

(b) The begin delete remedial or end delete removal begin insert or remedial end insert action is found to have
been undertaken and properly completed, as specified in
subdivision (b) of Section 25403.2.

25403.4.  

The local agency shall reimburse the department or
the regional board for costs incurred in reviewing or approving
cleanup or begin insert removal or end insert remedial action plans pursuant to this
chapter.

25403.5.  

(a) Except as otherwise provided in this chapter, if
a local agency undertakes action to begin insert investigate or characterize
property, or to end insert remedy or remove, or to require others to remedy
or remove, including compelling a responsible party through a
civil begin insert injunctive end insert action, to remedy or remove a release of hazardous
substance, the responsible party shall be liable to the local agency
for the costs incurred in the action. A local agency may not recover
the costs of goods and services that were not procured in
accordance with procurement procedures, where applicable. The
amount of the costs shall include the interest on the costs accrued
from the date of expenditure and reasonable attorney’s fees and
shall be recoverable in a civil action. Interest shall be calculated
based on the average annual rate of return on a local agency’s
investment of surplus funds for the fiscal year in which costs were
incurred.

(b) The only defenses available to a responsible party shall be
the defenses specified in subdivision (b) of Section 25323.5.

(c) A local agency may recover any costs incurred to develop
and to implement a cleanup plan or begin insert removal or end insert remedial action
plan approved pursuant to this chapter, to the same extent the
department is authorized to recover those costs. The scope and
standard of liability for cost recovery pursuant to this section shall
be the scope and standard of liability under the federal
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.)
as that act would apply to the department. However, any reference
to hazardous substance in that act shall be deemed to refer to
hazardous substance as defined in Section 25403.

(d) An action for recovery of the costs of a remedy or removal
undertaken by a local agency under this section shall be
commenced within three years after completion of the remedy or
removal.

(e) The action to recover costs provided by this section is in
addition to, and is not to be construed as restricting, any other
cause of action available to a local agency.

25403.6.  

(a) Except as provided in Section 25403.4,
notwithstanding any other state law or policy, a local agency that
undertakes and completes a begin insert removal or end insert remedial action, or
otherwise causes a begin insert removal or end insert remedial action to be undertaken
and completed pursuant to this chapter shall not be liable based
on its ownership of property after a release occurred, for any costs
that any responsible party for that release incurs to investigate or
remediate the release or to compensate others for the effects of
that release.

(b) Except as provided in Section 25403. 2, this article does not
limit the powers of the state board or a regional board to enforce
Division 7 (commencing with Section 13000) of the Water Code.

begin insert

begin insert 25403.7. end insert   

A local agency shall comply with all the following
requirements with regard to providing public participation when
taking action pursuant to this chapter:

(a) The local agency shall provide an opportunity, when
preparing the removal or remedial action plan or cleanup plan,
for the public and for other public agencies to participate in
decisions regarding the removal or remedial action, taking into
consideration the nature of the community interest.

(b) Thirty days before submitting the removal or remedial action
plan or cleanup plan for approval, the local agency shall take all
of the following actions:

(1) Notify all other appropriate public agencies, including, but
not limited to, the department or the regional board, if not required
to approve the plan, regarding the proposed removal or remedial
action plan or cleanup plan.

(2) Place a notice in a newspaper of general circulation in the
area of the property, including, but not limited to, a
community-based newspaper, as appropriate.

(3) Post notice of the proposed removal or remedial action plan
or cleanup plan on the property.

(c) All of the following methods for public participation shall
be used to notify the public of the proposed removal or remedial
action plan or cleanup plan:

(1) Thirty days’ prior public notice in a factsheet format of the
proposed removal or remedial action plan or cleanup plan, in
English and in any other language commonly spoken in the area
of the property.

(2) Access, at both the local agency and at local repositories,
to the proposed removal or remedial action plan or cleanup plan,
property assessment, addenda, and any other supporting
documentation, including materials listed as references in the
removal or remedial action plan or cleanup plan and property
assessment.

(3) Procedures for providing a reasonable opportunity to
comment on the plan and related documents specified in paragraph
(2).

(d) If a public meeting is requested, the local agency shall hold
a public meeting in the area of the property to receive comments.

(e) The local agency shall consider any comments received
before submitting the proposed removal or remedial action plan
or cleanup plan for approval.

(f) The local agency may also provide for, but is not limited to,
the use of other methods for public participation, including public
notices, direct notification of interested parties, distribution of
electronic copies of the removal or remedial action plan or cleanup
plan, property assessment addenda, and other supporting
documentation, including materials listed as references in the
removal or remedial action plan or cleanup plan and property
assessment, electronic comment forms, and forming advisory
groups, as appropriate, to disseminate information and assist the
local agency in gathering public input, holding additional public
meetings or public hearings, and providing an opportunity to
comment on the proposed removal or remedial action plan or
cleanup plan prior to approval.

(g) The local agency, as part of its communications with affected
communities, shall provide information regarding the process by
which decisions about the property are made and the recourse
that is available for those who may disagree with an agency
decision.

(h) The local agency shall consider the issue of environmental
justice, as defined in subdivision (e) of Section 65040.12 of the
Government Code, for communities most impacted, including
low-income and racial minority populations, before submitting
the removal or remedial action plan or cleanup plan for approval.

(i) To the extent possible, the local agency shall coordinate its
public participation activities with those undertaken by other
jurisdictions and agencies associated with the property, to avoid
duplication.

(j) It is the intent of the Legislature that the public participation
process established pursuant to this section ensures full and robust
participation of a community affected by this chapter.

end insert

begin delete 24303.7. end delete
begin insert 25403.8. end insert   

The Legislature finds and declares that this chapter
is the policy successor to the Polanco Redevelopment Act (Article
12.5 (commencing with Section 33459) of Part 1 of Chapter 4 of
Division 24) and shall be interpreted and implemented consistent
with that act. begin insert It is further the intent of the Legislature that any
judicial construction or interpretation of the Polanco
Redevelopment Act also apply to this chapter. end insert