Amended in Senate April 1, 2013

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 amended, 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 propertybegin delete acquired in whole or in part, directly or indirectly, for economic opportunity purposesend delete 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.  

begin delete(a)end deletebegin deleteend deleteIt is the intent of the Legislature to do all of the
9following:

begin delete

10 10(1)

end delete

11begin insert(a)end insert Promote economic development on a local level so that
12communities can enact local strategies to increase jobs, create
13economic opportunity, and generate tax revenue for all levels of
14government.

begin delete

14 15(2)

end delete

P3    1begin insert(b)end insert Give local governments tools, at no cost to the state, that
2allow local governments to use their funds in a manner that
3promotes economic opportunity.

begin delete

17 4(3)

end delete

5begin insert(c)end insert With the loss of redevelopment funds, cities, counties, and
6cities and counties need to continue certain powers afforded to
7redevelopment agencies that were critical to economic
8development, yet do not have an impact on schools and the state
9budget.

begin delete

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

end delete
begin delete

11(1) Development agreements that create, retain, or expand new
12jobs.

end delete
begin delete

13(2) Development agreements that increase property tax revenues
14to all property tax-collecting entities.

end delete
begin delete

15(3) Creation of affordable housing.

end delete
begin delete

16(4) Projects that meet the goals set forth in Chapter 728 of the
17Statutes of 2008.

end delete
begin delete

18(5) Transit-oriented development.

end delete
begin insert
19

begin insert52200.2.end insert  

As used in this part “economic opportunity” means
20any of the following:

21(a) Development agreements or other agreements that create,
22retain, or expand new jobs, in which the Legislative body finds
23that the agreement will create or retain at least one full-time
24equivalent, permanent job for every thirty-five thousand dollars
25($35,000) of city, county, or city and county investment in the
26project after full capacity and implementation.

27(b) Development agreements that increase property tax revenues
28to all property tax collecting entities, in which the legislative body
29finds that the agreement will result in an increase of at least 15
30percent of total property tax resulting from the project at full
31 implementation when compared to the year prior to the property
32being acquired by the government entity.

33(c) Creation of affordable housing, if a demonstrated affordable
34housing need exists in the community, as defined in the approved
35housing element or regional housing needs assessment.

36(d) Projects that meet the goals set forth in Chapter 728 of the
37Statutes of 2008 and have been included in an adopted sustainable
38communities strategy or alternative planning strategy or a project
39that specifically implements the goals of those adopted plans.

P4    1(e) Transit priority projects, as defined in Section 21155 of the
2Public Resources Code.

3(f) Development of properties that are returned to the city,
4county, or city and county per the long-range property management
5plan, as defined in subparagraph (A) of paragraph (2) of
6subdivision (c) of Section 34191.5 of the Health and Safety Code.

end insert
7

begin delete52200.1.end delete
8begin insert52200.4.end insert  

It is declared to be the policy of the state:

9(a) To protect and promote the sound development of economic
10opportunity in cities and counties and the general welfare of the
11inhabitants of those communities through the employment of all
12appropriate means.

13(b) That whenever the creation of economic opportunity in cities
14and counties cannot be accomplished by private enterprise alone,
15without public participation and assistance in the acquisition of
16land, in planning and in the financing of land assembly, in the
17work of clearance, and in the making of improvements necessary
18therefor, it is in the public interest to advance or expend public
19funds for these purposes, and to provide a means by which
20economic opportunity can be created.

21(c) That the creation of economic opportunity and the provisions
22for appropriate continuing land use and construction policies with
23respect to property acquired, in whole or in part, for economic
24opportunity constitute public uses and purposes for which public
25money may be advanced or expended and private property
26acquired, and are governmental functions of state concern in the
27interest of health, safety, and welfare of the people of the state and
28cities and counties.

29(d) That the necessity in the public interest for the provisions
30of this part is declared to be a matter of legislative determination.

31

begin delete52200.2.end delete
32begin insert52200.6.end insert  

This chapter shall not be interpreted to authorize the
33use of eminent domain for economic development purposes.

34 

35Chapter  2. Sales and Leases
36

 

37

52201.  

(a) (1) Before any citybegin insert, county,end insert orbegin insert city andend insert county
38propertybegin delete acquired in whole or in part, directly or indirectly, for
39economic opportunity purposesend delete
is sold or leased forbegin delete development,end delete
40begin insert economic development purposes,end insert the sale or lease shall first be
P5    1approved by the legislative body by resolution after public hearing.
2Notice of the time and place of the hearing shall be published in
3a newspaper of general circulation in the community at least once
4per week for at least two successive weeks, as specified in Section
56066, prior to the hearing.

6(2) The city, county, or city and county shall make available,
7for public inspection and copying at a cost not to exceed the cost
8of duplication, a report no later than the time of publication of the
9first notice of the hearing mandated by this section. This report
10shall contain both of the following:

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

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

13(i) The cost of the agreement to the city, county, or city and
14county, including land acquisition costs, clearance costs, relocation
15costs, the costs of any improvements to be provided by the city,
16county, or city and county, plus the expected interest on any loans
17or bonds to finance the agreements.

18(ii) The estimated value of the interest to be conveyed or leased,
19determined at the highest and best uses permitted under the general
20plan or zoning.

21(iii) The estimated value of the interest to be conveyed or leased,
22determined at the use and with the conditions, covenants, and
23development costs required by the sale or lease. The purchase price
24or present value of the lease payments which the lessor will be
25required to make during the term of the lease. If the sale price or
26total rental amount is less than the fair market value of the interest
27to be conveyed or leased, determined at the highest and best use,
28then the city, county, or city and county shall provide as part of
29the summary an explanation of the reasons for the difference.

30(iv) An explanation of why the sale or lease of the property will
31assist in the creation of economic opportunity, with reference to
32all supporting facts and materials relied upon in making this
33explanation.

34(v) The report shall be made available to the public no later than
35the time of publication of the first notice of the hearing mandated
36by this section.

37(b) The resolution approving the lease or sale shall be adopted
38by a majority vote unless the legislative body has provided by
39ordinance for a two-thirds vote for that purpose and shall contain
40a finding that the sale or lease of the property will assist in the
P6    1creation of economic opportunity. The resolution shall also contain
2one of the following findings:

3(1) The consideration is not less than the fair market value at
4its highest and best use.

5(2) The consideration is not less than the fair reuse value at the
6use and with the covenants and conditions and development costs
7authorized by the sale or lease.

8

52202.  

A city, county, or city and county may establish a
9program under which it loans funds to owners or tenants for the
10purpose of rehabilitating commercial buildings or structures.

11

52203.  

(a) As part of an agreement that provides for the
12development or rehabilitation of property that will be used for
13industrial or manufacturing purposes, a city, county, or city and
14county may assist with the financing of facilities or capital
15equipment, including, but not necessarily limited to, pollution
16control devices.

17(b) Prior to entering into an agreement for a development that
18will be assisted pursuant to this section, a city, county, or city and
19county shall find, after a public hearing, that the assistance is
20necessary for the economic feasibility of the development and that
21the assistance cannot be obtained on economically feasible terms
22in the private market.

23 

24Chapter  3. Other Procedures and Activities
25

 

26

52205.  

For purposes of this chapter, the following terms shall
27have the following meanings:

28(a) “Department” means the Department of Toxic Substances
29Control.

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

31(c) “Hazardous substance” means any hazardous substance as
32defined in subdivision (h) of Section 25281, and any reference to
33hazardous substance in the definitions referenced in this section
34shall be deemed to refer to hazardous substance, as defined in this
35subdivision.

36(d) “Local agency” means a single local agency that is one of
37the following:

38(1) A local agency authorized pursuant to Section 25283 of the
39Health and Safety Code to implement Chapter 6.7 (commencing
P7    1with Section 25280) of, and Chapter 6.75 (commencing with
2Section 25299.10) of, Division 20 of the Health and Safety Code.

3(2) A local officer who is authorized pursuant to Section 101087
4of the Health and Safety Code to supervise a remedial action.

5(e) “Qualified independent contractor” means an independent
6contractor who is any of the following:

7(1) An engineering geologist who is certified pursuant to Section
87842 of the Business and Professions Code.

9(2) A geologist who is registered pursuant to Section 7850 of
10the Business and Professions Code.

11(3) A civil engineer who is registered pursuant to Section 6762
12of the Business and Professions Code.

13(f) “Release” means any release, as defined in Section 25320
14of the Health and Safety Code.

15(g) “Remedy” or “remove” means any action to assess, evaluate,
16investigate, monitor, remove, correct, clean up, or abate a release
17of a hazardous substance or to develop plans for those actions.
18“Remedy” includes any action set forth in Section 25322 of the
19Health and Safety Code and “remove” includes any action set forth
20in Section 25323 of the Health and Safety Code.

21(h) “Responsible party” means any person described in
22 subdivision (a) of Section 25323.5 of the Health and Safety Code
23or subdivision (a) of Section 13304 of the Water Code.

24

52206.  

(a) (1) A city, county, or city and county may take any
25actions that the city, county, or city and county determines are
26necessary and that are consistent with other state and federal laws
27to remedy or remove a release of hazardous substances on, under,
28or from property within its jurisdiction, whether the city, county,
29or city and county owns that property or not, subject to the
30conditions specified in subdivision (b). Unless an administering
31agency has been designated under Section 25262 of the Health
32and Safety Code, the city, county, or city and county shall request
33cleanup guidelines from the department or the California regional
34water quality control board before taking action to remedy or
35remove a release. The department or the California regional water
36quality control board shall respond to the city’s, county’s, or city
37and county’s request to provide cleanup guidelines within a
38reasonable period of time. The city, county, or city and county
39shall thereafter submit for approval a cleanup or remedial action
40plan to the department or the California regional water quality
P8    1control board before taking action to remedy or remove a release.
2The department or the California regional water quality control
3board shall respond to the city’s, county’s, or city and county’s
4request for approval of a cleanup or remedial action plan within a
5reasonable period of time.

6(2) The city, county, or city and county shall provide the
7department and local health and building departments, the
8California regional water quality control board, with notification
9of any cleanup activity pursuant to this section at least 30 days
10before the commencement of the activity. If an action taken by a
11city, county, or city and county or a responsible party to remedy
12or remove a release of a hazardous substance does not meet, or is
13not consistent with, a remedial action plan or cleanup plan
14approved by the department or the California regional water quality
15control board, the department or the California regional water
16quality control board that approved the cleanup or remedial action
17plan may require the city, county, or city and county to take, or
18cause the taking of, additional action to remedy or remove the
19release, as provided by applicable law. If an administering agency
20for the site has been designated under Section 25262 of the Health
21and Safety Code, any requirement for additional action may be
22imposed only as provided in Sections 25263 and 25265 of the
23Health and Safety Code. If methane or landfill gas is present, the
24city, county, or city and county shall obtain written approval from
25the California Integrated Waste Management Board prior to taking
26that action.

27(b) Except as provided in subdivision (c), a city, county, or city
28and county may take the actions specified in subdivision (a) only
29under one of the following conditions:

30(1) There is no responsible party for the release identified by
31the city, county, or city and county.

32(2) A party determined by the city, county, or city and county
33to be a responsible party for the release has been notified by the
34city, county, or city and county or has received adequate notice
35from the department, a California regional water quality control
36board, the California Environmental Protection Agency, or other
37governmental agency with relevant authority and has been given
3860 days to respond and to propose a remedial action plan and
39schedule, and the responsible party has not agreed within an
40additional 60 days to implement a plan and schedule to remedy or
P9    1remove the release that is acceptable to the city, county, or city
2and county and that has been found by the city, county, or city and
3county to be consistent, to the maximum extent possible, with the
4priorities, guidelines, criteria, and regulations contained in the
5National Contingency Plan and published pursuant to Section 9605
6of Title 42 of the United States Code for similar releases, situations,
7or events.

8(3) The party determined by the city, county, or city and county
9to be the responsible party for the hazardous substance release
10entered into an agreement with the city, county, or city and county
11to prepare a remedial action plan for approval by the department,
12the California regional water quality control board, or the
13appropriate local agency and to implement the remedial action
14plan in accordance with an agreed schedule, but failed to prepare
15the remedial action plan, failed to implement the remedial action
16plan in accordance with the agreed schedule, or otherwise failed
17to carry out the remedial action in an appropriate and timely
18manner. Any action taken by the city, county, or city and county
19pursuant to this paragraph shall be consistent with any agreement
20between the city, county, or city and county and the responsible
21party and with the requirements of the state or local agency that
22approved or will approve the remedial action plan and is overseeing
23or will oversee the preparation and implementation of the remedial
24action plan.

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

26(1) A city, county, or city and county taking actions to
27investigate or conduct feasibility studies concerning a release.

28(2) A city, county, or city and county taking the actions specified
29in subdivision (a) if the city, county, or city and county determines
30that conditions require immediate action.

31(d) A city, county, or city and county may designate a local
32agency in lieu of the department or the California regional water
33quality control board to review and approve a cleanup or remedial
34action plan and to oversee the remediation or removal of hazardous
35substances from a specific hazardous substance release site in
36accordance with the following conditions:

37(1) The local agency may be so designated if it is designated as
38the administering agency under Section 25262 of the Health and
39Safety Code. In that event, the local agency, as the administering
40agency, shall conduct the oversight of the remedial action in
P10   1accordance with Chapter 6.65 (commencing with Section 25260)
2of Division 20 of the Health and Safety Code and all provisions
3of that chapter shall apply to the remedial action.

4(2) The local agency may be so designated if cleanup guidelines
5were requested from a California regional water quality control
6board, and the site is an underground storage tank site subject to
7Chapter 6.7 (commencing with Section 25280) of Division 20 of
8the Health and Safety Code, the local agency has been certified as
9a certified unified program agency pursuant to Section 25404.1 of
10the Health and Safety Code, the State Water Resources Control
11Board has entered into an agreement with the local agency for
12oversight of those sites pursuant to Section 25297.1 of the Health
13and Safety Code, the local agency determines that the site is within
14the guidelines and protocols established in, and pursuant to, that
15agreement, and the local agency consents to the designation.

16(3) A local agency may not consent to the designation by a city,
17county, or city and county unless the local agency determines that
18it has adequate staff resources and the requisite technical expertise
19and capabilities available to adequately supervise the remedial
20action.

21(4) (A) If a local agency has been designated pursuant to
22paragraph (2), the department or a California regional water quality
23control board may require that a local agency withdraw from the
24designation, after providing the city, county, or city and county
25with adequate notice, if both of the following conditions are met:

26(i) The department or a California regional water quality control
27board determines that a city’s, county’s, or city and county’s
28designation of a local agency was not consistent with paragraph
29(2), or makes one of the findings specified in subdivision (d) of
30Section 101480 of the Health and Safety Code.

31(ii) The department or a California regional water quality control
32board determines that it has adequate staff resources and
33capabilities available to adequately supervise the remedial action,
34and it assumes that responsibility.

35(B) This paragraph shall not prevent a California regional water
36quality control board from taking any action pursuant to Division
377 (commencing with Section 13000) of the Water Code.

38(5) If a local agency has been designated pursuant to paragraph
39(2), the local agency may, after providing the city, county, or city
40and county with adequate notice, withdraw from its designation
P11   1after making one of the findings specified in subdivision (d) of
2Section 101480 of the Health and Safety Code.

3(e) To facilitatebegin delete redevelopmentend delete planning, the city, county, or
4city and county may require the owner or operator of any site
5 within a project area to provide the city, county, or city and county
6with all existing environmental information pertaining to the site,
7including the results of any phase I or subsequent environmental
8assessment, as defined in Section 25200.14 of the Health and Safety
9Code, any assessment conducted pursuant to an order from, or
10agreement with, any federal, state or local agency, and any other
11environmental assessment information, except that which is
12determined to be privileged. The person requested to furnish the
13information shall be required only to furnish that information as
14may be within their possession or control, including actual
15knowledge of information within the possession or control of any
16other party. If environmental assessment information is not
17available, the city, county, or city and county may require the
18owner of the property to conduct an assessment in accordance with
19standard real estate practices for conducting phase I or phase II
20environmental assessments.

21

52207.  

(a) Notwithstanding any other law, a city, county, or
22city and county that undertakes and completes an action, or causes
23another person to undertake and complete an action pursuant to
24Section 52206, as specified in subdivision (c), to remedy or remove
25a hazardous substance release on, under, or from property within
26its jurisdiction, in accordance with a cleanup or remedial action
27plan prepared by a qualified independent contractor and approved
28by the department or a California regional water quality control
29board or the local agency, as appropriate, pursuant to subdivision
30(b), is not liable, with respect to that release only, under Division
317 (commencing with Section 13000) of the Water Code or Chapter
326.5 (commencing with Section 25100), Chapter 6.7 (commencing
33with Section 25280), Chapter 6.75 (commencing with Section
3425299.10), or Chapter 6.8 (commencing with Section 25300), of
35Division 20 of the Health and Safety Code, or any other state or
36local law providing liability for remedial or removal actions for
37releases of hazardous substances. If the remedial action was also
38performed pursuant to Chapter 6.65 (commencing with Section
3925260) of Division 20 of the Health and Safety Code, and a
40certificate of completion is issued pursuant to subdivision (b) of
P12   1Section 25264 of the Health and Safety Code, the immunity from
2agency action provided by the certificate of completion, as
3specified in subdivision (c) of Section 25264 of the Health and
4Safety Code, shall apply to the city, county, or city and county, in
5addition to the immunity conferred by this section. In the case of
6a remedial action performed pursuant to Chapter 6.65 (commencing
7with Section 25260) of Division 20 of the Health and Safety Code,
8and for which the administering agency is a local agency, the
9limitations on the certificate of completion set forth in paragraphs
10(1) to (6), inclusive, of subdivision (c) of Section 25264 of the
11Health and Safety Code are limits on any immunity provided for
12by this section and subdivision (c) of Section 25264 of the Health
13and Safety Code.

14(b) Upon approval of any cleanup or remedial action plan,
15pursuant to applicable statutes and regulations, the director or the
16California regional water quality control board or the local agency,
17as appropriate, shall acknowledge, in writing, within 60 days of
18the date of approval, that upon proper completion of the remedial
19or removal action in accordance with the plan, the immunity
20provided by this section shall apply to the city, county, or city and
21county.

22(c) Notwithstanding any other law or policy providing for
23certification by a person conducting a remedial or removal action
24that the action has been properly completed, a determination that
25a remedial or removal action has been properly completed pursuant
26to this section shall be made only upon the affirmative approval
27of the director or the California regional water quality control
28board or the local agency, as appropriate. The department,
29California regional water quality control board, or local agency,
30as appropriate, shall, within 60 days of the date it finds that a
31remedial action has been completed, notify the city, county, or city
32and county in writing that the immunity provided by this section
33is in effect.

34(d) The approval of a cleanup or remedial action plan under this
35section by a local agency shall also be subject to the concurrent
36approval of the department or a California regional water quality
37control board when the city, county, or city and county receiving
38the approval formed the local agency.

39(e) Upon proper completion of a remedial or removal action,
40as specified in subdivision (c), the immunity from agency action
P13   1provided by the certificate of completion provided pursuant to
2subdivision (c) of Section 25264 of the Health and Safety Code
3and the immunity provided by this section extends to all of the
4following, but only for the release or releases specifically identified
5in the approved cleanup or remedial action plan and not for any
6subsequent release or any release not specifically identified in the
7approved cleanup or remedial action plan:

8(1) Any employee or agent of the city, county, or city and
9county, including an instrumentality of the city, county, or city
10and county authorized to exercise some, or all, of the powers of a
11city, county, or city and county and any employee or agent of the
12instrumentality.

13(2) Any person who enters into an agreement with a city, county,
14or city and county for reuse of the property, if the agreement
15requires the person to acquire property affected by a hazardous
16substance release or to remove or remedy a hazardous substance
17release with respect to that property.

18(3) Any person who acquires the property after a person has
19entered into an agreement with a city, county, or city and county
20for reuse of the property as described in paragraph (2).

21(4) Any person who provided financing to a person specified
22in paragraph (2) or (3).

23(f) Notwithstanding any other law, the immunity provided by
24this section does not extend to any of the following:

25(1) Any person who was a responsible party for the release
26before entering into an agreement, acquiring property, or providing
27financing, as specified in subdivision (e).

28(2) Any person specified in subdivision (a) or (e) for any
29subsequent release of a hazardous substance or any release of a
30hazardous substance not specifically identified in the approved
31cleanup or remedial action plan.

32(3) Any contractor who prepares the cleanup or remedial action
33plan, or conducts the removal or remedial action.

34(4) Any person who obtains an approval, as specified in
35subdivision (b), or a determination, as specified in subdivision (c),
36by fraud, negligent or intentional nondisclosure, or
37misrepresentation, and any person who knows before the approval
38or determination is obtained or before the person enters into an
39agreement, acquires the property or provides financing, as specified
P14   1in subdivision (e), that the approval or determination was obtained
2by these means.

3(g) The immunity provided by this section is in addition to any
4other immunity of a city, county, or city and county provided by
5law.

6(h) This section shall not impair any cause of action by a city,
7county, or city and county or any other party against the person,
8firm, or entity responsible for the hazardous substance release that
9is the subject of the removal or remedial action taken by the city,
10county, or city and county or other person immune from liability
11pursuant to this section.

12(i) This section shall not apply to, or limit, alter, or restrict, any
13action for personal injury, property damage, or wrongful death.

14(j) This section shall not limit liability of a person described in
15paragraph (3) or (4) of subdivision (e) for damages under the
16 Comprehensive Environmental Response, Compensation, and
17Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).

18(k) This section shall not establish, limit, or affect the liability
19of a city, county, or city and county for any release of a hazardous
20substance that is not investigated or remediated pursuant to this
21section or Chapter 6.65 (commencing with Section 25260) of
22Division 20 of the Health and Safety Code.

23(l) The immunity provided for by this section shall only be
24conferred if both of the following apply:

25(1) The action is in accordance with a cleanup or remedial action
26plan prepared by a qualified independent contractor and approved
27by the department or a California regional water quality control
28board or the local city, county, or city and county, as appropriate,
29pursuant to subdivision (b).

30(2) The remedial or removal action is undertaken and properly
31completed, as specified in subdivision (c).

32(m) The city, county, or city and county shall reimburse the
33department, the California regional water quality control board,
34and the local agency for costs incurred in reviewing or approving
35cleanup or remedial action plans pursuant to this section.

36

52208.  

(a) If a city, county, or city and county undertakes an
37action to remedy or remove, or to require others to remedy or
38remove, including compelling a responsible party through a civil
39action to remedy or remove, a release of hazardous substance, any
40responsible party or parties shall be liable to the city, county, or
P15   1city and county for the costs incurred in the action. A city, county,
2or city and county may not recover the costs of goods and services
3that were not procured in accordance with applicable procurement
4procedures. The amount of the costs shall include the interest on
5the costs accrued from the date of expenditure and reasonable
6attorney’s fees and shall be recoverable in a civil action. Interest
7shall be calculated based on the average annual rate of return on
8a city’s, county’s, or city and county’s investment of surplus funds
9for the fiscal year in which costs were incurred.

10(b) The only defenses available to a responsible party shall be
11the defenses specified in subdivision (b) of Section 25323.5 of the
12Health and Safety Code.

13(c) A city, county, or city and county may recover any costs
14incurred to develop and to implement a cleanup or remedial action
15plan approved pursuant to Sections 52206 and 52207, to the same
16extent the department is authorized to recover those costs. The
17scope and standard of liability for cost recovery pursuant to this
18section shall be the scope and standard of liability under the
19Comprehensive Environmental Response, Compensation, and
20Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.)
21as that act would apply to the department; provided, however, that
22any reference to hazardous substance therein shall be deemed to
23refer to hazardous substance as defined in subdivision (c) of Section
2452205.

25(d) An action for recovery of costs of a remedy or removal
26undertaken by abegin delete redevelopmentend delete city, county, or city and county
27under this section shall be commenced within three years after
28completion of the remedy or removal.

29(e) The action to recover costs provided by this section is in
30addition to, and is not to be construed as restricting, any other
31cause of action available to a city, county, or city and county.

32(f) Except as provided in subdivision (m) of Section 52207,
33notwithstanding any other provision of state law or policy, a city,
34county, or city and county that undertakes and completes a remedial
35action, or otherwise causes a remedial action to be undertaken and
36completed pursuant to Sections 52206 and 52207, shall not be
37liable, based on its ownership of property after a release occurred,
38for any costs that any responsible party for that release incurs to
39investigate or remediate the release or to compensate others for
40the effects of that release.

P16   1

52209.  

Except as provided in Section 52207, nothing in this
2chapter shall limit the powers of the State Water Resources Control
3Board or a California regional water quality control board to
4enforce Division 7 (commencing with Section 13000) of the Water
5Code.

6 

7Chapter  4. Voluntary Tax-Sharing Agreements
8

 

9

52210.  

(a) A city, county, or city and county may enter into
10a voluntary agreement with another city, county, or city and county,
11or a local taxing entity or joint powers authority, to jointly finance
12a project authorized by Sectionbegin delete 52200.1.end deletebegin insert 52200.4.end insert

13(b) This section shall not authorize a city, county, or city and
14county to collect and spend tax dollars from another jurisdiction
15without their written consent.



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