Senate BillNo. 470


Introduced by Senator Wright

February 21, 2013


An act to add Part 4 (commencing with Section 52200) to Division 1 of Title 5 of the Government Code, relating to community development.

LEGISLATIVE COUNSEL’S DIGEST

SB 470, as introduced, Wright. Community development: economic opportunity.

Existing law generally regulates the power of cities, counties, and cities and counties.

This bill would state the intent of the Legislature to promote economic development on a local level so that communities can enact local strategies to increase jobs, create economic opportunity, and generate tax revenue for all levels of government. The bill would define economic opportunity and declare that it is the policy of the state to protect and promote the sound development of economic opportunity in cities and counties, and the general welfare of the inhabitants of those communities through the employment of all appropriate means.

The bill would state that the creation of economic opportunity and the provisions for appropriate continuing land use and construction policies with respect to property acquired, in whole or in part, for economic opportunity constitute public uses and purposes for which public money may be advanced or expended and private property acquired. The bill would provide that before any city or county property acquired in whole or in part, directly or indirectly, for economic opportunity purposes is sold or leased for development, the sale or lease shall first be approved by the legislative body, as specified. The bill would authorize a city, county, or city and county to establish a program under which it loans funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures and to assist with the financing of facilities or capital equipment as part of an agreement that provides for the development or rehabilitation of property that will be used for industrial or manufacturing purposes, as specified.

This bill would authorize a city, county, or city and county to exercise authority to remedy or remove the release of hazardous substances within its boundaries consistent with state and federal laws, as specified. This bill would require a city, county, or city and county to request cleanup guidelines from the Department of Toxic Substances Control or a California regional water quality control board before taking an action under this authority, and limit the liability of a city, county, or city and county for taking an action under these provisions.

The bill would also authorize a city, county, or city and county to enter into a voluntary agreement with another city, county, or city and county, or a local taxing entity or joint powers authority, to jointly finance an economic opportunity project.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Part 4 (commencing with Section 52200) is added
2to Division 1 of Title 5 of the Government Code, to read:

3 

4PART 4.  Economic Opportunity

5

5 

6Chapter  1. General Provisions
7

 

8

52200.  

(a) It is the intent of the Legislature to do all of the
9following:

10(1) Promote economic development on a local level so that
11communities can enact local strategies to increase jobs, create
12economic opportunity, and generate tax revenue for all levels of
13government.

14(2) Give local governments tools, at no cost to the state, that
15allow local governments to use their funds in a manner that
16promotes economic opportunity.

17(3) With the loss of redevelopment funds, cities, counties, and
18cities and counties need to continue certain powers afforded to
P3    1redevelopment agencies that were critical to economic
2development, yet do not have an impact on schools and the state
3budget.

4(b) Economic opportunity means any of the following:

5(1) Development agreements that create, retain, or expand new
6jobs.

7(2) Development agreements that increase property tax revenues
8to all property tax-collecting entities.

9(3) Creation of affordable housing.

10(4) Projects that meet the goals set forth in Chapter 728 of the
11Statutes of 2008.

12(5) Transit-oriented development.

13

52200.1.  

It is declared to be the policy of the state:

14(a) To protect and promote the sound development of economic
15opportunity in cities and counties and the general welfare of the
16inhabitants of those communities through the employment of all
17appropriate means.

18(b) That whenever the creation of economic opportunity in cities
19and counties cannot be accomplished by private enterprise alone,
20without public participation and assistance in the acquisition of
21land, in planning and in the financing of land assembly, in the
22work of clearance, and in the making of improvements necessary
23therefor, it is in the public interest to advance or expend public
24funds for these purposes, and to provide a means by which
25 economic opportunity can be created.

26(c) That the creation of economic opportunity and the provisions
27for appropriate continuing land use and construction policies with
28respect to property acquired, in whole or in part, for economic
29opportunity constitute public uses and purposes for which public
30money may be advanced or expended and private property
31acquired, and are governmental functions of state concern in the
32interest of health, safety, and welfare of the people of the state and
33cities and counties.

34(d) That the necessity in the public interest for the provisions
35of this part is declared to be a matter of legislative determination.

36

52200.2.  

This chapter shall not be interpreted to authorize the
37use of eminent domain for economic development purposes.

 

P4    1Chapter  2. Sales and Leases
2

 

3

52201.  

(a) (1) Before any city or county property acquired in
4whole or in part, directly or indirectly, for economic opportunity
5purposes is sold or leased for development, the sale or lease shall
6first be approved by the legislative body by resolution after public
7hearing. Notice of the time and place of the hearing shall be
8published in a newspaper of general circulation in the community
9at least once per week for at least two successive weeks, as
10specified in Section 6066, prior to the hearing.

11(2) The city, county, or city and county shall make available,
12for public inspection and copying at a cost not to exceed the cost
13of duplication, a report no later than the time of publication of the
14first notice of the hearing mandated by this section. This report
15shall contain both of the following:

16(A) A copy of the proposed sale or lease.

17(B) A summary that describes and specifies all of the following:

18(i) The cost of the agreement to the city, county, or city and
19county, including land acquisition costs, clearance costs, relocation
20costs, the costs of any improvements to be provided by the city,
21county, or city and county, plus the expected interest on any loans
22or bonds to finance the agreements.

23(ii) The estimated value of the interest to be conveyed or leased,
24determined at the highest and best uses permitted under the general
25plan or zoning.

26(iii) The estimated value of the interest to be conveyed or leased,
27determined at the use and with the conditions, covenants, and
28development costs required by the sale or lease. The purchase price
29or present value of the lease payments which the lessor will be
30required to make during the term of the lease. If the sale price or
31total rental amount is less than the fair market value of the interest
32to be conveyed or leased, determined at the highest and best use,
33then the city, county, or city and county shall provide as part of
34the summary an explanation of the reasons for the difference.

35(iv) An explanation of why the sale or lease of the property will
36assist in the creation of economic opportunity, with reference to
37all supporting facts and materials relied upon in making this
38explanation.

P5    1(v) The report shall be made available to the public no later than
2the time of publication of the first notice of the hearing mandated
3by this section.

4(b) The resolution approving the lease or sale shall be adopted
5by a majority vote unless the legislative body has provided by
6ordinance for a two-thirds vote for that purpose and shall contain
7a finding that the sale or lease of the property will assist in the
8creation of economic opportunity. The resolution shall also contain
9one of the following findings:

10(1) The consideration is not less than the fair market value at
11its highest and best use.

12(2) The consideration is not less than the fair reuse value at the
13use and with the covenants and conditions and development costs
14authorized by the sale or lease.

15

52202.  

A city, county, or city and county may establish a
16program under which it loans funds to owners or tenants for the
17purpose of rehabilitating commercial buildings or structures.

18

52203.  

(a) As part of an agreement that provides for the
19development or rehabilitation of property that will be used for
20industrial or manufacturing purposes, a city, county, or city and
21county may assist with the financing of facilities or capital
22equipment, including, but not necessarily limited to, pollution
23control devices.

24(b) Prior to entering into an agreement for a development that
25will be assisted pursuant to this section, a city, county, or city and
26county shall find, after a public hearing, that the assistance is
27necessary for the economic feasibility of the development and that
28the assistance cannot be obtained on economically feasible terms
29in the private market.

30 

31Chapter  3. Other Procedures and Activities
32

 

33

52205.  

For purposes of this chapter, the following terms shall
34have the following meanings:

35(a) “Department” means the Department of Toxic Substances
36Control.

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

38(c) “Hazardous substance” means any hazardous substance as
39defined in subdivision (h) of Section 25281, and any reference to
40hazardous substance in the definitions referenced in this section
P6    1shall be deemed to refer to hazardous substance, as defined in this
2subdivision.

3(d) “Local agency” means a single local agency that is one of
4the following:

5(1) A local agency authorized pursuant to Section 25283 of the
6Health and Safety Code to implement Chapter 6.7 (commencing
7with Section 25280) of, and Chapter 6.75 (commencing with
8Section 25299.10) of, Division 20 of the Health and Safety Code.

9(2) A local officer who is authorized pursuant to Section 101087
10of the Health and Safety Code to supervise a remedial action.

11(e) “Qualified independent contractor” means an independent
12contractor who is any of the following:

13(1) An engineering geologist who is certified pursuant to Section
147842 of the Business and Professions Code.

15(2) A geologist who is registered pursuant to Section 7850 of
16the Business and Professions Code.

17(3) A civil engineer who is registered pursuant to Section 6762
18of the Business and Professions Code.

19(f) “Release” means any release, as defined in Section 25320
20of the Health and Safety Code.

21(g) “Remedy” or “remove” means any action to assess, evaluate,
22investigate, monitor, remove, correct, clean up, or abate a release
23of a hazardous substance or to develop plans for those actions.
24“Remedy” includes any action set forth in Section 25322 of the
25Health and Safety Code and “remove” includes any action set forth
26in Section 25323 of the Health and Safety Code.

27(h) “Responsible party” means any person described in
28subdivision (a) of Section 25323.5 of the Health and Safety Code
29or subdivision (a) of Section 13304 of the Water Code.

30

52206.  

(a) (1) A city, county, or city and county may take any
31actions that the city, county, or city and county determines are
32necessary and that are consistent with other state and federal laws
33to remedy or remove a release of hazardous substances on, under,
34or from property within its jurisdiction, whether the city, county,
35or city and county owns that property or not, subject to the
36conditions specified in subdivision (b). Unless an administering
37agency has been designated under Section 25262 of the Health
38and Safety Code, the city, county, or city and county shall request
39cleanup guidelines from the department or the California regional
40water quality control board before taking action to remedy or
P7    1remove a release. The department or the California regional water
2quality control board shall respond to the city’s, county’s, or city
3and county’s request to provide cleanup guidelines within a
4reasonable period of time. The city, county, or city and county
5shall thereafter submit for approval a cleanup or remedial action
6plan to the department or the California regional water quality
7control board before taking action to remedy or remove a release.
8The department or the California regional water quality control
9board shall respond to the city’s, county’s, or city and county’s
10request for approval of a cleanup or remedial action plan within a
11reasonable period of time.

12(2) The city, county, or city and county shall provide the
13department and local health and building departments, the
14California regional water quality control board, with notification
15of any cleanup activity pursuant to this section at least 30 days
16before the commencement of the activity. If an action taken by a
17city, county, or city and county or a responsible party to remedy
18or remove a release of a hazardous substance does not meet, or is
19not consistent with, a remedial action plan or cleanup plan
20approved by the department or the California regional water quality
21control board, the department or the California regional water
22quality control board that approved the cleanup or remedial action
23plan may require the city, county, or city and county to take, or
24cause the taking of, additional action to remedy or remove the
25release, as provided by applicable law. If an administering agency
26for the site has been designated under Section 25262 of the Health
27and Safety Code, any requirement for additional action may be
28imposed only as provided in Sections 25263 and 25265 of the
29Health and Safety Code. If methane or landfill gas is present, the
30city, county, or city and county shall obtain written approval from
31the California Integrated Waste Management Board prior to taking
32that action.

33(b) Except as provided in subdivision (c), a city, county, or city
34and county may take the actions specified in subdivision (a) only
35under one of the following conditions:

36(1) There is no responsible party for the release identified by
37the city, county, or city and county.

38(2) A party determined by the city, county, or city and county
39to be a responsible party for the release has been notified by the
40city, county, or city and county or has received adequate notice
P8    1from the department, a California regional water quality control
2board, the California Environmental Protection Agency, or other
3governmental agency with relevant authority and has been given
460 days to respond and to propose a remedial action plan and
5schedule, and the responsible party has not agreed within an
6additional 60 days to implement a plan and schedule to remedy or
7remove the release that is acceptable to the city, county, or city
8and county and that has been found by the city, county, or city and
9county to be consistent, to the maximum extent possible, with the
10priorities, guidelines, criteria, and regulations contained in the
11National Contingency Plan and published pursuant to Section 9605
12of Title 42 of the United States Code for similar releases, situations,
13or events.

14(3) The party determined by the city, county, or city and county
15to be the responsible party for the hazardous substance release
16entered into an agreement with the city, county, or city and county
17to prepare a remedial action plan for approval by the department,
18the California regional water quality control board, or the
19appropriate local agency and to implement the remedial action
20plan in accordance with an agreed schedule, but failed to prepare
21the remedial action plan, failed to implement the remedial action
22plan in accordance with the agreed schedule, or otherwise failed
23to carry out the remedial action in an appropriate and timely
24manner. Any action taken by the city, county, or city and county
25pursuant to this paragraph shall be consistent with any agreement
26between the city, county, or city and county and the responsible
27party and with the requirements of the state or local agency that
28approved or will approve the remedial action plan and is overseeing
29or will oversee the preparation and implementation of the remedial
30action plan.

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

32(1) A city, county, or city and county taking actions to
33investigate or conduct feasibility studies concerning a release.

34(2) A city, county, or city and county taking the actions specified
35in subdivision (a) if the city, county, or city and county determines
36that conditions require immediate action.

37(d) A city, county, or city and county may designate a local
38agency in lieu of the department or the California regional water
39quality control board to review and approve a cleanup or remedial
40action plan and to oversee the remediation or removal of hazardous
P9    1substances from a specific hazardous substance release site in
2accordance with the following conditions:

3(1) The local agency may be so designated if it is designated as
4the administering agency under Section 25262 of the Health and
5Safety Code. In that event, the local agency, as the administering
6agency, shall conduct the oversight of the remedial action in
7accordance with Chapter 6.65 (commencing with Section 25260)
8of Division 20 of the Health and Safety Code and all provisions
9of that chapter shall apply to the remedial action.

10(2) The local agency may be so designated if cleanup guidelines
11were requested from a California regional water quality control
12board, and the site is an underground storage tank site subject to
13Chapter 6.7 (commencing with Section 25280) of Division 20 of
14the Health and Safety Code, the local agency has been certified as
15a certified unified program agency pursuant to Section 25404.1 of
16the Health and Safety Code, the State Water Resources Control
17Board has entered into an agreement with the local agency for
18oversight of those sites pursuant to Section 25297.1 of the Health
19and Safety Code, the local agency determines that the site is within
20the guidelines and protocols established in, and pursuant to, that
21agreement, and the local agency consents to the designation.

22(3) A local agency may not consent to the designation by a city,
23county, or city and county unless the local agency determines that
24it has adequate staff resources and the requisite technical expertise
25and capabilities available to adequately supervise the remedial
26action.

27(4) (A) If a local agency has been designated pursuant to
28paragraph (2), the department or a California regional water quality
29control board may require that a local agency withdraw from the
30designation, after providing the city, county, or city and county
31with adequate notice, if both of the following conditions are met:

32(i) The department or a California regional water quality control
33board determines that a city’s, county’s, or city and county’s
34designation of a local agency was not consistent with paragraph
35(2), or makes one of the findings specified in subdivision (d) of
36Section 101480 of the Health and Safety Code.

37(ii) The department or a California regional water quality control
38board determines that it has adequate staff resources and
39capabilities available to adequately supervise the remedial action,
40and it assumes that responsibility.

P10   1(B) This paragraph shall not prevent a California regional water
2quality control board from taking any action pursuant to Division
37 (commencing with Section 13000) of the Water Code.

4(5) If a local agency has been designated pursuant to paragraph
5(2), the local agency may, after providing the city, county, or city
6and county with adequate notice, withdraw from its designation
7after making one of the findings specified in subdivision (d) of
8Section 101480 of the Health and Safety Code.

9(e) To facilitate redevelopment planning, the city, county, or
10city and county may require the owner or operator of any site
11within a project area to provide the city, county, or city and county
12with all existing environmental information pertaining to the site,
13including the results of any phase I or subsequent environmental
14assessment, as defined in Section 25200.14 of the Health and Safety
15Code, any assessment conducted pursuant to an order from, or
16agreement with, any federal, state or local agency, and any other
17environmental assessment information, except that which is
18determined to be privileged. The person requested to furnish the
19information shall be required only to furnish that information as
20may be within their possession or control, including actual
21knowledge of information within the possession or control of any
22other party. If environmental assessment information is not
23available, the city, county, or city and county may require the
24owner of the property to conduct an assessment in accordance with
25standard real estate practices for conducting phase I or phase II
26environmental assessments.

27

52207.  

(a) Notwithstanding any other law, a city, county, or
28city and county that undertakes and completes an action, or causes
29another person to undertake and complete an action pursuant to
30Section 52206, as specified in subdivision (c), to remedy or remove
31a hazardous substance release on, under, or from property within
32its jurisdiction, in accordance with a cleanup or remedial action
33plan prepared by a qualified independent contractor and approved
34by the department or a California regional water quality control
35board or the local agency, as appropriate, pursuant to subdivision
36(b), is not liable, with respect to that release only, under Division
377 (commencing with Section 13000) of the Water Code or Chapter
386.5 (commencing with Section 25100), Chapter 6.7 (commencing
39with Section 25280), Chapter 6.75 (commencing with Section
4025299.10), or Chapter 6.8 (commencing with Section 25300), of
P11   1Division 20 of the Health and Safety Code, or any other state or
2local law providing liability for remedial or removal actions for
3releases of hazardous substances. If the remedial action was also
4performed pursuant to Chapter 6.65 (commencing with Section
525260) of Division 20 of the Health and Safety Code, and a
6certificate of completion is issued pursuant to subdivision (b) of
7Section 25264 of the Health and Safety Code, the immunity from
8agency action provided by the certificate of completion, as
9specified in subdivision (c) of Section 25264 of the Health and
10Safety Code, shall apply to the city, county, or city and county, in
11addition to the immunity conferred by this section. In the case of
12a remedial action performed pursuant to Chapter 6.65 (commencing
13with Section 25260) of Division 20 of the Health and Safety Code,
14and for which the administering agency is a local agency, the
15limitations on the certificate of completion set forth in paragraphs
16(1) to (6), inclusive, of subdivision (c) of Section 25264 of the
17Health and Safety Code are limits on any immunity provided for
18by this section and subdivision (c) of Section 25264 of the Health
19and Safety Code.

20(b) Upon approval of any cleanup or remedial action plan,
21pursuant to applicable statutes and regulations, the director or the
22California regional water quality control board or the local agency,
23as appropriate, shall acknowledge, in writing, within 60 days of
24the date of approval, that upon proper completion of the remedial
25or removal action in accordance with the plan, the immunity
26provided by this section shall apply to the city, county, or city and
27county.

28(c) Notwithstanding any other law or policy providing for
29certification by a person conducting a remedial or removal action
30that the action has been properly completed, a determination that
31a remedial or removal action has been properly completed pursuant
32to this section shall be made only upon the affirmative approval
33of the director or the California regional water quality control
34board or the local agency, as appropriate. The department,
35California regional water quality control board, or local agency,
36as appropriate, shall, within 60 days of the date it finds that a
37remedial action has been completed, notify the city, county, or city
38and county in writing that the immunity provided by this section
39is in effect.

P12   1(d) The approval of a cleanup or remedial action plan under this
2section by a local agency shall also be subject to the concurrent
3approval of the department or a California regional water quality
4control board when the city, county, or city and county receiving
5the approval formed the local agency.

6(e) Upon proper completion of a remedial or removal action,
7as specified in subdivision (c), the immunity from agency action
8provided by the certificate of completion provided pursuant to
9subdivision (c) of Section 25264 of the Health and Safety Code
10and the immunity provided by this section extends to all of the
11following, but only for the release or releases specifically identified
12in the approved cleanup or remedial action plan and not for any
13subsequent release or any release not specifically identified in the
14approved cleanup or remedial action plan:

15(1) Any employee or agent of the city, county, or city and
16county, including an instrumentality of the city, county, or city
17and county authorized to exercise some, or all, of the powers of a
18city, county, or city and county and any employee or agent of the
19instrumentality.

20(2) Any person who enters into an agreement with a city, county,
21or city and county for reuse of the property, if the agreement
22requires the person to acquire property affected by a hazardous
23substance release or to remove or remedy a hazardous substance
24release with respect to that property.

25(3) Any person who acquires the property after a person has
26entered into an agreement with a city, county, or city and county
27for reuse of the property as described in paragraph (2).

28(4) Any person who provided financing to a person specified
29in paragraph (2) or (3).

30(f) Notwithstanding any other law, the immunity provided by
31this section does not extend to any of the following:

32(1) Any person who was a responsible party for the release
33before entering into an agreement, acquiring property, or providing
34financing, as specified in subdivision (e).

35(2) Any person specified in subdivision (a) or (e) for any
36subsequent release of a hazardous substance or any release of a
37hazardous substance not specifically identified in the approved
38cleanup or remedial action plan.

39(3) Any contractor who prepares the cleanup or remedial action
40plan, or conducts the removal or remedial action.

P13   1(4) Any person who obtains an approval, as specified in
2subdivision (b), or a determination, as specified in subdivision (c),
3by fraud, negligent or intentional nondisclosure, or
4misrepresentation, and any person who knows before the approval
5or determination is obtained or before the person enters into an
6agreement, acquires the property or provides financing, as specified
7in subdivision (e), that the approval or determination was obtained
8by these means.

9(g) The immunity provided by this section is in addition to any
10other immunity of a city, county, or city and county provided by
11law.

12(h) This section shall not impair any cause of action by a city,
13county, or city and county or any other party against the person,
14firm, or entity responsible for the hazardous substance release that
15is the subject of the removal or remedial action taken by the city,
16county, or city and county or other person immune from liability
17pursuant to this section.

18(i) This section shall not apply to, or limit, alter, or restrict, any
19action for personal injury, property damage, or wrongful death.

20(j) This section shall not limit liability of a person described in
21paragraph (3) or (4) of subdivision (e) for damages under the
22 Comprehensive Environmental Response, Compensation, and
23Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).

24(k) This section shall not establish, limit, or affect the liability
25of a city, county, or city and county for any release of a hazardous
26substance that is not investigated or remediated pursuant to this
27section or Chapter 6.65 (commencing with Section 25260) of
28Division 20 of the Health and Safety Code.

29(l) The immunity provided for by this section shall only be
30conferred if both of the following apply:

31(1) The action is in accordance with a cleanup or remedial action
32plan prepared by a qualified independent contractor and approved
33by the department or a California regional water quality control
34board or the local city, county, or city and county, as appropriate,
35pursuant to subdivision (b).

36(2) The remedial or removal action is undertaken and properly
37completed, as specified in subdivision (c).

38(m) The city, county, or city and county shall reimburse the
39department, the California regional water quality control board,
P14   1and the local agency for costs incurred in reviewing or approving
2cleanup or remedial action plans pursuant to this section.

3

52208.  

(a) If a city, county, or city and county undertakes an
4action to remedy or remove, or to require others to remedy or
5remove, including compelling a responsible party through a civil
6action to remedy or remove, a release of hazardous substance, any
7responsible party or parties shall be liable to the city, county, or
8city and county for the costs incurred in the action. A city, county,
9or city and county may not recover the costs of goods and services
10that were not procured in accordance with applicable procurement
11procedures. The amount of the costs shall include the interest on
12the costs accrued from the date of expenditure and reasonable
13attorney’s fees and shall be recoverable in a civil action. Interest
14shall be calculated based on the average annual rate of return on
15a city’s, county’s, or city and county’s investment of surplus funds
16for the fiscal year in which costs were incurred.

17(b) The only defenses available to a responsible party shall be
18the defenses specified in subdivision (b) of Section 25323.5 of the
19Health and Safety Code.

20(c) A city, county, or city and county may recover any costs
21incurred to develop and to implement a cleanup or remedial action
22plan approved pursuant to Sections 52206 and 52207, to the same
23extent the department is authorized to recover those costs. The
24scope and standard of liability for cost recovery pursuant to this
25section shall be the scope and standard of liability under the
26Comprehensive Environmental Response, Compensation, and
27Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.)
28as that act would apply to the department; provided, however, that
29any reference to hazardous substance therein shall be deemed to
30refer to hazardous substance as defined in subdivision (c) of Section
3152205.

32(d) An action for recovery of costs of a remedy or removal
33undertaken by a redevelopment city, county, or city and county
34under this section shall be commenced within three years after
35completion of the remedy or removal.

36(e) The action to recover costs provided by this section is in
37addition to, and is not to be construed as restricting, any other
38cause of action available to a city, county, or city and county.

39(f) Except as provided in subdivision (m) of Section 52207,
40notwithstanding any other provision of state law or policy, a city,
P15   1county, or city and county that undertakes and completes a remedial
2action, or otherwise causes a remedial action to be undertaken and
3completed pursuant to Sections 52206 and 52207, shall not be
4liable, based on its ownership of property after a release occurred,
5for any costs that any responsible party for that release incurs to
6investigate or remediate the release or to compensate others for
7the effects of that release.

8

52209.  

Except as provided in Section 52207, nothing in this
9chapter shall limit the powers of the State Water Resources Control
10Board or a California regional water quality control board to
11enforce Division 7 (commencing with Section 13000) of the Water
12Code.

13 

14Chapter  4. Voluntary Tax-Sharing Agreements
15

 

16

52210.  

(a) A city, county, or city and county may enter into
17a voluntary agreement with another city, county, or city and county,
18or a local taxing entity or joint powers authority, to jointly finance
19a project authorized by Section 52200.1

20(b) This section shall not authorize a city, county, or city and
21county to collect and spend tax dollars from another jurisdiction
22without their written consent.



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