Amended in Senate April 9, 2013

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 opportunitybegin insert to include certain types of agreements, purposes, and project’s,end insert 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 beforebegin delete any city or countyend deletebegin insert certain returned city, county, or city and countyend insert property 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.

begin delete

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.

end delete

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.  

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

10(a) 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.

P3    1(b) 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.

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

9

52200.2.  

As used in this part “economic opportunity” means
10any of the following:

11(a) Development agreements or other agreements that create,
12retain, or expand new jobs, in which the legislative body finds that
13the agreement will create or retain at least one full-time equivalent,
14permanent job for every thirty-five thousand dollars ($35,000) of
15city, county, or city and county investment in the project after full
16capacity and implementation.

17(b) Development agreements that increase property tax revenues
18to all property tax collecting entities, in which the legislative body
19finds that the agreement will result in an increase of at least 15
20percent of total property tax resulting from the project at full
21 implementation when compared to the year prior to the property
22being acquired by the government entity.

23(c) Creation of affordable housing, if a demonstrated affordable
24housing need exists in the community, as defined in the approved
25housing element or regional housing needs assessment.

26(d) Projects that meet the goals set forth in Chapter 728 of the
27Statutes of 2008 and have been included in an adopted sustainable
28communities strategy or alternative planning strategy or a project
29that specifically implements the goals of those adopted plans.

30(e) Transit priority projects, as defined in Section 21155 of the
31Public Resources Code.

begin delete

32(f) Development of properties that are returned to the city,
33county, or city and county per the long-range property management
34plan, as defined in subparagraph (A) of paragraph (2) of subdivision
35(c) of Section 34191.5 of the Health and Safety Code.

end delete
36

52200.4.  

It is declared to be the policy of the state:

37(a) To protect and promote the sound development of economic
38opportunity in cities and counties and the general welfare of the
39inhabitants of those communities through the employment of all
40appropriate means.

P4    1(b) That whenever the creation of economic opportunity in cities
2and counties cannot be accomplished by private enterprise alone,
3without public participation and assistance in the acquisition of
4land, in planning and in the financing of land assembly, in the
5work of clearance, and in the making of improvements necessary
6therefor, it is in the public interest to advance or expend public
7funds for these purposes, and to provide a means by which
8 economic opportunity can be created.

9(c) That the creation of economic opportunity and the provisions
10for appropriate continuing land use and construction policies with
11respect to property acquired, in whole or in part, for economic
12opportunity constitute public uses and purposes for which public
13money may be advanced or expended and private property
14acquired, and are governmental functions of state concern in the
15interest of health, safety, and welfare of the people of the state and
16cities and counties.

17(d) That the necessity in the public interest for the provisions
18of this part is declared to be a matter of legislative determination.

19

52200.6.  

This chapter shall not be interpreted to authorize the
20use of eminent domain for economic development purposes.

21 

22Chapter  2. Sales and Leases
23

 

24

52201.  

(a) (1) Before any city, county, or city and county
25propertybegin insert that is returned to the city, county, or city and county per
26the long-range property management plan, pursuant to Section
2734191.5 of the Health and safety Code, end insert
is sold or leased for
28economic development purposes, the sale or lease shall first be
29approved by the legislative body by resolution after public hearing.
30Notice of the time and place of the hearing shall be published in
31a newspaper of general circulation in the community at least once
32per week for at least two successive weeks, as specified in Section
336066, prior to the hearing.

34(2) The city, county, or city and county shall make available,
35for public inspection and copying at a cost not to exceed the cost
36of duplication, a report no later than the time of publication of the
37first notice of the hearing mandated by this section. This report
38shall contain both of the following:

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

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

P5    1(i) The cost of the agreement to the city, county, or city and
2county, including land acquisition costs, clearance costs, relocation
3costs, the costs of any improvements to be provided by the city,
4county, or city and county, plus the expected interest on any loans
5or bonds to finance the agreements.

6(ii) The estimated value of the interest to be conveyed or leased,
7determined at the highest and best uses permitted under the general
8plan or zoning.

9(iii) The estimated value of the interest to be conveyed or leased,
10determined at the use and with the conditions, covenants, and
11development costs required by the sale or lease. The purchase price
12or present value of the lease payments which the lessor will be
13required to make during the term of the lease. If the sale price or
14total rental amount is less than the fair market value of the interest
15to be conveyed or leased, determined at the highest and best use,
16then the city, county, or city and county shall provide as part of
17the summary an explanation of the reasons for the difference.

18(iv) An explanation of why the sale or lease of the property will
19assist in the creation of economic opportunity, with reference to
20all supporting facts and materials relied upon in making this
21 explanation.

22(v) The report shall be made available to the public no later than
23the time of publication of the first notice of the hearing mandated
24by this section.

25(b) The resolution approving the lease or sale shall be adopted
26by a majority vote unless the legislative body has provided by
27ordinance for a two-thirds vote for that purpose and shall contain
28a finding that the sale or lease of the property will assist in the
29creation of economic opportunity. The resolution shall also contain
30one of the following findings:

31(1) The consideration is not less than the fair market value at
32its highest and best use.

33(2) The consideration is not less than the fair reuse value at the
34use and with the covenants and conditions and development costs
35authorized by the sale or lease.

begin insert

36(c) The provisions of this section are an alternative to any other
37authority granted by law to cities to dispose of city-owned property.

end insert
38

52202.  

A city, county, or city and county may establish a
39program under which it loans funds to owners or tenants for the
40purpose of rehabilitating commercial buildings or structures.

P6    1

52203.  

(a) As part of an agreement that provides for the
2development or rehabilitation of property that will be used for
3industrial or manufacturing purposes, a city, county, or city and
4county may assist with the financing of facilities or capital
5equipment, including, but not necessarily limited to, pollution
6control devices.

7(b) Prior to entering into an agreement for a development that
8will be assisted pursuant to this section, a city, county, or city and
9county shall find, after a public hearing, that the assistance is
10necessary for the economic feasibility of the development and that
11the assistance cannot be obtained on economically feasible terms
12in the private market.

13 

14Chapter  3. Other Procedures and Activities
15

 

16

52205.  

For purposes of this chapter, the following terms shall
17have the following meanings:

18(a) “Department” means the Department of Toxic Substances
19Control.

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

21(c) “Hazardous substance” means any hazardous substance as
22defined in subdivision (h) of Section 25281begin insert of the Health and
23Safety Codeend insert
, and any reference to hazardous substance in the
24definitions referenced in this section shall be deemed to refer to
25hazardous substance, as defined in this subdivision.

26(d) “Local agency” means a single local agency that is one of
27the following:

28(1) A local agency authorized pursuant to Section 25283 of the
29Health and Safety Code to implement Chapter 6.7 (commencing
30with Section 25280) of, and Chapter 6.75 (commencing with
31Section 25299.10) of, Division 20 of the Health and Safety Code.

32(2) A local officer who is authorized pursuant to Section 101087
33of the Health and Safety Code to supervise a remedial action.

34(e) “Qualified independent contractor” means an independent
35contractor who is any of the following:

36(1) An engineering geologist who is certified pursuant to Section
377842 of the Business and Professions Code.

38(2) A geologist who is registered pursuant to Section 7850 of
39the Business and Professions Code.

P7    1(3) A civil engineer who is registered pursuant to Section 6762
2of the Business and Professions Code.

3(f) “Release” means any release, as defined in Section 25320
4of the Health and Safety Code.

5(g) “Remedy” or “remove” means any action to assess, evaluate,
6investigate, monitor, remove, correct, clean up, or abate a release
7of a hazardous substance or to develop plans for those actions.
8“Remedy” includes any action set forth in Section 25322 of the
9Health and Safety Code and “remove” includes any action set forth
10in Section 25323 of the Health and Safety Code.

11(h) “Responsible party” means any person described in
12subdivision (a) of Section 25323.5 of the Health and Safety Code
13or subdivision (a) of Section 13304 of the Water Code.

14

52206.  

(a) (1) A city, county, or city and county may take any
15actions that the city, county, or city and county determines are
16necessary and that are consistent with other state and federal laws
17to remedy or remove a release of hazardous substances on, under,
18or from property within its jurisdiction, whether the city, county,
19or city and county owns that property or not, subject to the
20conditions specified in subdivision (b). Unless an administering
21agency has been designated under Section 25262 of the Health
22and Safety Code, the city, county, or city and county shall request
23cleanup guidelines from the department or the California regional
24water quality control board before taking action to remedy or
25remove a release. The department or the California regional water
26quality control board shall respond to the city’s, county’s, or city
27and county’s request to provide cleanup guidelines within a
28reasonable period of time. The city, county, or city and county
29shall thereafter submit for approval a cleanup or remedial action
30plan to the department or the California regional water quality
31control board before taking action to remedy or remove a release.
32The department or the California regional water quality control
33board shall respond to the city’s, county’s, or city and county’s
34request for approval of a cleanup or remedial action plan within a
35reasonable period of time.

36(2) The city, county, or city and county shall provide the
37department and local health and building departments, the
38California regional water quality control board, with notification
39of any cleanup activity pursuant to this section at least 30 days
40before the commencement of the activity. If an action taken by a
P8    1city, county, or city and county or a responsible party to remedy
2or remove a release of a hazardous substance does not meet, or is
3not consistent with, a remedial action plan or cleanup plan
4approved by the department or the California regional water quality
5control board, the department or the California regional water
6quality control board that approved the cleanup or remedial action
7plan may require the city, county, or city and county to take, or
8cause the taking of, additional action to remedy or remove the
9release, as provided by applicable law. If an administering agency
10for the site has been designated under Section 25262 of the Health
11and Safety Code, any requirement for additional action may be
12imposed only as provided in Sections 25263 and 25265 of the
13Health and Safety Code. If methane or landfill gas is present, the
14city, county, or city and county shall obtain written approval from
15the California Integrated Waste Management Board prior to taking
16that action.

17(b) Except as provided in subdivision (c), a city, county, or city
18and county may take the actions specified in subdivision (a) only
19under one of the following conditions:

20(1) There is no responsible party for the release identified by
21the city, county, or city and county.

22(2) A party determined by the city, county, or city and county
23to be a responsible party for the release has been notified by the
24city, county, or city and county or has received adequate notice
25from the department, a California regional water quality control
26board, the California Environmental Protection Agency, or other
27governmental agency with relevant authority and has been given
2860 days to respond and to propose a remedial action plan and
29schedule, and the responsible party has not agreed within an
30additional 60 days to implement a plan and schedule to remedy or
31remove the release that is acceptable to the city, county, or city
32and county and that has been found by the city, county, or city and
33county to be consistent, to the maximum extent possible, with the
34priorities, guidelines, criteria, and regulations contained in the
35National Contingency Plan and published pursuant to Section 9605
36of Title 42 of the United States Code for similar releases, situations,
37or events.

38(3) The party determined by the city, county, or city and county
39to be the responsible party for the hazardous substance release
40entered into an agreement with the city, county, or city and county
P9    1to prepare a remedial action plan for approval by the department,
2the California regional water quality control board, or the
3appropriate local agency and to implement the remedial action
4plan in accordance with an agreed schedule, but failed to prepare
5the remedial action plan, failed to implement the remedial action
6plan in accordance with the agreed schedule, or otherwise failed
7to carry out the remedial action in an appropriate and timely
8manner. Any action taken by the city, county, or city and county
9pursuant to this paragraph shall be consistent with any agreement
10between the city, county, or city and county and the responsible
11party and with the requirements of the state or local agency that
12approved or will approve the remedial action plan and is overseeing
13or will oversee the preparation and implementation of the remedial
14action plan.

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

16(1) A city, county, or city and county taking actions to
17investigate or conduct feasibility studies concerning a release.

18(2) A city, county, or city and county taking the actions specified
19in subdivision (a) if the city, county, or city and county determines
20that conditions require immediate action.

21(d) A city, county, or city and county may designate a local
22agency in lieu of the department or the California regional water
23quality control board to review and approve a cleanup or remedial
24action plan and to oversee the remediation or removal of hazardous
25substances from a specific hazardous substance release site in
26accordance with the following conditions:

27(1) The local agency may be so designated if it is designated as
28the administering agency under Section 25262 of the Health and
29Safety Code. In that event, the local agency, as the administering
30agency, shall conduct the oversight of the remedial action in
31accordance with Chapter 6.65 (commencing with Section 25260)
32of Division 20 of the Health and Safety Code and all provisions
33of that chapter shall apply to the remedial action.

34(2) The local agency may be so designated if cleanup guidelines
35were requested from a California regional water quality control
36board, and the site is an underground storage tank site subject to
37Chapter 6.7 (commencing with Section 25280) of Division 20 of
38the Health and Safety Code, the local agency has been certified as
39a certified unified program agency pursuant to Section 25404.1 of
40the Health and Safety Code, the State Water Resources Control
P10   1Board has entered into an agreement with the local agency for
2oversight of those sites pursuant to Section 25297.1 of the Health
3and Safety Code, the local agency determines that the site is within
4the guidelines and protocols established in, and pursuant to, that
5agreement, and the local agency consents to the designation.

6(3) A local agency may not consent to the designation by a city,
7county, or city and county unless the local agency determines that
8it has adequate staff resources and the requisite technical expertise
9and capabilities available to adequately supervise the remedial
10action.

11(4) (A) If a local agency has been designated pursuant to
12paragraph (2), the department or a California regional water quality
13control board may require that a local agency withdraw from the
14designation, after providing the city, county, or city and county
15with adequate notice, if both of the following conditions are met:

16(i) The department or a California regional water quality control
17board determines that a city’s, county’s, or city and county’s
18designation of a local agency was not consistent with paragraph
19(2), or makes one of the findings specified in subdivision (d) of
20Section 101480 of the Health and Safety Code.

21(ii) The department or a California regional water quality control
22board determines that it has adequate staff resources and
23capabilities available to adequately supervise the remedial action,
24and it assumes that responsibility.

25(B) This paragraph shall not prevent a California regional water
26quality control board from taking any action pursuant to Division
277 (commencing with Section 13000) of the Water Code.

28(5) If a local agency has been designated pursuant to paragraph
29(2), the local agency may, after providing the city, county, or city
30and county with adequate notice, withdraw from its designation
31after making one of the findings specified in subdivision (d) of
32Section 101480 of the Health and Safety Code.

33(e) To facilitate planning, the city, county, or city and county
34may require the owner or operator of any site within a project area
35to provide the city, county, or city and county with all existing
36environmental information pertaining to the site, including the
37results of any phase I or subsequent environmental assessment, as
38defined in Section 25200.14 of the Health and Safety Code, any
39assessment conducted pursuant to an order from, or agreement
40with, any federal, state or local agency, and any other
P11   1environmental assessment information, except that which is
2determined to be privileged. The person requested to furnish the
3information shall be required only to furnish that information as
4may be within their possession or control, including actual
5knowledge of information within the possession or control of any
6other party. If environmental assessment information is not
7available, the city, county, or city and county may require the
8owner of the property to conduct an assessment in accordance with
9standard real estate practices for conducting phase I or phase II
10environmental assessments.

11

52207.  

(a) Notwithstanding any other law, a city, county, or
12city and county that undertakes and completes an action, or causes
13another person to undertake and complete an action pursuant to
14Section 52206, as specified in subdivision (c), to remedy or remove
15a hazardous substance release on, under, or from property within
16its jurisdiction, in accordance with a cleanup or remedial action
17plan prepared by a qualified independent contractor and approved
18by the department or a California regional water quality control
19board or the local agency, as appropriate, pursuant to subdivision
20(b), is not liable, with respect to that release only, under Division
217 (commencing with Section 13000) of the Water Code or Chapter
226.5 (commencing with Section 25100), Chapter 6.7 (commencing
23with Section 25280), Chapter 6.75 (commencing with Section
2425299.10), or Chapter 6.8 (commencing with Section 25300), of
25Division 20 of the Health and Safety Code, or any other state or
26local law providing liability for remedial or removal actions for
27releases of hazardous substances. If the remedial action was also
28performed pursuant to Chapter 6.65 (commencing with Section
2925260) of Division 20 of the Health and Safety Code, and a
30certificate of completion is issued pursuant to subdivision (b) of
31Section 25264 of the Health and Safety Code, the immunity from
32agency action provided by the certificate of completion, as
33specified in subdivision (c) of Section 25264 of the Health and
34Safety Code, shall apply to the city, county, or city and county, in
35addition to the immunity conferred by this section. In the case of
36a remedial action performed pursuant to Chapter 6.65 (commencing
37with Section 25260) of Division 20 of the Health and Safety Code,
38and for which the administering agency is a local agency, the
39limitations on the certificate of completion set forth in paragraphs
40(1) to (6), inclusive, of subdivision (c) of Section 25264 of the
P12   1Health and Safety Code are limits on any immunity provided for
2by this section and subdivision (c) of Section 25264 of the Health
3and Safety Code.

4(b) Upon approval of any cleanup or remedial action plan,
5pursuant to applicable statutes and regulations, the director or the
6California regional water quality control board or the local agency,
7as appropriate, shall acknowledge, in writing, within 60 days of
8the date of approval, that upon proper completion of the remedial
9or removal action in accordance with the plan, the immunity
10provided by this section shall apply to the city, county, or city and
11county.

12(c) Notwithstanding any other law or policy providing for
13certification by a person conducting a remedial or removal action
14that the action has been properly completed, a determination that
15a remedial or removal action has been properly completed pursuant
16to this section shall be made only upon the affirmative approval
17of the director or the California regional water quality control
18board or the local agency, as appropriate. The department,
19California regional water quality control board, or local agency,
20as appropriate, shall, within 60 days of the date it finds that a
21remedial action has been completed, notify the city, county, or city
22and county in writing that the immunity provided by this section
23is in effect.

24(d) The approval of a cleanup or remedial action plan under this
25section by a local agency shall also be subject to the concurrent
26approval of the department or a California regional water quality
27control board when the city, county, or city and county receiving
28the approval formed the local agency.

29(e) Upon proper completion of a remedial or removal action,
30as specified in subdivision (c), the immunity from agency action
31provided by the certificate of completion provided pursuant to
32subdivision (c) of Section 25264 of the Health and Safety Code
33and the immunity provided by this section extends to all of the
34following, but only for the release or releases specifically identified
35in the approved cleanup or remedial action plan and not for any
36subsequent release or any release not specifically identified in the
37approved cleanup or remedial action plan:

38(1) Any employee or agent of the city, county, or city and
39county, including an instrumentality of the city, county, or city
40and county authorized to exercise some, or all, of the powers of a
P13   1city, county, or city and county and any employee or agent of the
2instrumentality.

3(2) Any person who enters into an agreement with a city, county,
4or city and county for reuse of the property, if the agreement
5requires the person to acquire property affected by a hazardous
6substance release or to remove or remedy a hazardous substance
7release with respect to that property.

8(3) Any person who acquires the property after a person has
9entered into an agreement with a city, county, or city and county
10for reuse of the property as described in paragraph (2).

11(4) Any person who provided financing to a person specified
12in paragraph (2) or (3).

13(f) Notwithstanding any other law, the immunity provided by
14this section does not extend to any of the following:

15(1) Any person who was a responsible party for the release
16before entering into an agreement, acquiring property, or providing
17financing, as specified in subdivision (e).

18(2) Any person specified in subdivision (a) or (e) for any
19subsequent release of a hazardous substance or any release of a
20hazardous substance not specifically identified in the approved
21cleanup or remedial action plan.

22(3) Any contractor who prepares the cleanup or remedial action
23plan, or conducts the removal or remedial action.

24(4) Any person who obtains an approval, as specified in
25subdivision (b), or a determination, as specified in subdivision (c),
26by fraud, negligent or intentional nondisclosure, or
27misrepresentation, and any person who knows before the approval
28or determination is obtained or before the person enters into an
29agreement, acquires the property or provides financing, as specified
30in subdivision (e), that the approval or determination was obtained
31by these means.

32(g) The immunity provided by this section is in addition to any
33other immunity of a city, county, or city and county provided by
34law.

35(h) This section shall not impair any cause of action by a city,
36county, or city and county or any other party against the person,
37firm, or entity responsible for the hazardous substance release that
38is the subject of the removal or remedial action taken by the city,
39county, or city and county or other person immune from liability
40pursuant to this section.

P14   1(i) This section shall not apply to, or limit, alter, or restrict, any
2action for personal injury, property damage, or wrongful death.

3(j) This section shall not limit liability of a person described in
4paragraph (3) or (4) of subdivision (e) for damages under the
5 Comprehensive Environmental Response, Compensation, and
6Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).

7(k) This section shall not establish, limit, or affect the liability
8of a city, county, or city and county for any release of a hazardous
9substance that is not investigated or remediated pursuant to this
10section or Chapter 6.65 (commencing with Section 25260) of
11Division 20 of the Health and Safety Code.

12(l) The immunity provided for by this section shall only be
13conferred if both of the following apply:

14(1) The action is in accordance with a cleanup or remedial action
15plan prepared by a qualified independent contractor and approved
16by the department or a California regional water quality control
17board or the local city, county, or city and county, as appropriate,
18pursuant to subdivision (b).

19(2) The remedial or removal action is undertaken and properly
20completed, as specified in subdivision (c).

21(m) The city, county, or city and county shall reimburse the
22department, the California regional water quality control board,
23and the local agency for costs incurred in reviewing or approving
24cleanup or remedial action plans pursuant to this section.

25

52208.  

(a) If a city, county, or city and county undertakes an
26action to remedy or remove, or to require others to remedy or
27remove, including compelling a responsible party through a civil
28action to remedy or remove, a release of hazardous substance, any
29responsible party or parties shall be liable to the city, county, or
30city and county for the costs incurred in the action. A city, county,
31or city and county may not recover the costs of goods and services
32that were not procured in accordance with applicable procurement
33procedures. The amount of the costs shall include the interest on
34the costs accrued from the date of expenditure and reasonable
35attorney’s fees and shall be recoverable in a civil action. Interest
36shall be calculated based on the average annual rate of return on
37a city’s, county’s, or city and county’s investment of surplus funds
38for the fiscal year in which costs were incurred.

P15   1(b) The only defenses available to a responsible party shall be
2the defenses specified in subdivision (b) of Section 25323.5 of the
3Health and Safety Code.

4(c) A city, county, or city and county may recover any costs
5incurred to develop and to implement a cleanup or remedial action
6plan approved pursuant to Sections 52206 and 52207, to the same
7extent the department is authorized to recover those costs. The
8scope and standard of liability for cost recovery pursuant to this
9section shall be the scope and standard of liability under the
10Comprehensive Environmental Response, Compensation, and
11Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.)
12as that act would apply to the department; provided, however, that
13any reference to hazardous substance therein shall be deemed to
14refer to hazardous substance as defined in subdivision (c) of Section
1552205.

16(d) An action for recovery of costs of a remedy or removal
17undertaken by a city, county, or city and county under this section
18shall be commenced within three years after completion of the
19remedy or removal.

20(e) The action to recover costs provided by this section is in
21addition to, and is not to be construed as restricting, any other
22cause of action available to a city, county, or city and county.

23(f) Except as provided in subdivision (m) of Section 52207,
24notwithstanding any other provision of state law or policy, a city,
25county, or city and county that undertakes and completes a remedial
26action, or otherwise causes a remedial action to be undertaken and
27completed pursuant to Sections 52206 and 52207, shall not be
28liable, based on its ownership of property after a release occurred,
29for any costs that any responsible party for that release incurs to
30investigate or remediate the release or to compensate others for
31the effects of that release.

32

52209.  

Except as provided in Section 52207, nothing in this
33chapter shall limit the powers of the State Water Resources Control
34Board or a California regional water quality control board to
35enforce Division 7 (commencing with Section 13000) of the Water
36Code.

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P16   1Chapter  4. Voluntary Tax-Sharing Agreements
2

 

3

52210.  

(a) A city, county, or city and county may enter into
4a voluntary agreement with another city, county, or city and county,
5or a local taxing entity or joint powers authority, to jointly finance
6a project authorized by Section 52200.4.

7(b) This section shall not authorize a city, county, or city and
8county to collect and spend tax dollars from another jurisdiction
9without their written consent.

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