Amended in Senate May 8, 2013

Amended in Senate April 9, 2013

Amended in Senate April 1, 2013

Senate Bill No. 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, begin insert and to amend Sections 33459, 33459.1, 33459.3, and 33459.8 of the Health and Safety Code, end insert 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 to include certain types of agreements, purposes, and begin delete project’s end delete begin insert projects 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 before certain returned city, county, or city and county 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.

begin insert

Existing law, the Polanco Redevelopment Act, authorizes a former redevelopment agency to take any action that the agency determines is necessary, consistent with other state and federal laws, to remedy or remove a release of hazardous substances on, under, or from a project area, subject to specified conditions. Existing law requires agencies to request cleanup guidelines from the department or the California regional water quality control board before taking action to remedy or remove a release, immunizes an agency that remedies or removes a hazardous substance release from liability under specified state laws, and authorizes the recovery of cleanup and remedial costs from the liable party.

end insert

This bill would begin delete authorize end delete begin insert revise the definition of agency as used in the Polanco Redevelopment Act to include end insert a city, county, or city and county begin insert , and authorize a city, county, or city and county end insert to exercise authority begin insert under these provisions end insert to remedy or remove the release of hazardous substances begin delete within its boundaries end delete begin insert from property within its jurisdiction that previously was within the jurisdiction of a former redevelopment agency, end insert consistent with state and federal laws, as specified. begin delete 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. end delete begin insert The bill would also make other conforming changes. end insert

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

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

SECTION 1.  

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

 

PART 4.  Economic Opportunity

 

Chapter  1. General Provisions

 

52200.  

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

(a) 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.

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

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

52200.2.  

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

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

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

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

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

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

52200.4.  

It is declared to be the policy of the state:

(a) 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.

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

(c) 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, and are governmental functions of state concern in the
interest of health, safety, and welfare of the people of the state and
cities and counties.

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

52200.6.  

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

 

Chapter  2. Sales and Leases

 

52201.  

(a) (1) Before any city, county, or city and county
property that is returned to the city, county, or city and county per
the long-range property management plan, pursuant to Section
34191.5 of the Health and Safety Code, is sold or leased for
economic development purposes, the sale or lease shall first be
approved by the legislative body by resolution after public hearing.
Notice of the time and place of the hearing shall be published in
a newspaper of general circulation in the community at least once
per week for at least two successive weeks, as specified in Section
6066, prior to the hearing.

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

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

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

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

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

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

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

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

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

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

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

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

52202.  

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

52203.  

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

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

begin delete

 

Chapter  3. Other Procedures and Activities

 

52205.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52206.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52207.  

(a) Notwithstanding any other law, a city, county, or
city and county that undertakes and completes an action, or causes
another person to undertake and complete an action pursuant to
Section 52206, as specified in subdivision (c), to remedy or remove
a hazardous substance release on, under, or from property within
its jurisdiction, in accordance with a cleanup or remedial action
plan prepared by a qualified independent contractor and approved
by the department or a California regional water quality control
board or the local agency, as appropriate, pursuant to subdivision
(b), is not liable, with respect to that release only, under Division
7 (commencing with Section 13000) of the Water Code or Chapter
6.5 (commencing with Section 25100), Chapter 6.7 (commencing
with Section 25280), Chapter 6.75 (commencing with Section
25299.10), or Chapter 6.8 (commencing with Section 25300), of
Division 20 of the Health and Safety Code, or any other state or
local law providing liability for remedial or removal actions for
releases of hazardous substances. If the remedial action was also
performed pursuant to Chapter 6.65 (commencing with Section
25260) of Division 20 of the Health and Safety Code, and a
certificate of completion is issued pursuant to subdivision (b) of
Section 25264 of the Health and Safety Code, the immunity from
agency action provided by the certificate of completion, as
specified in subdivision (c) of Section 25264 of the Health and
Safety Code, shall apply to the city, county, or city and county, in
addition to the immunity conferred by this section. In the case of
a remedial action performed pursuant to Chapter 6.65 (commencing
with Section 25260) of Division 20 of the Health and Safety Code,
and for which the administering agency is a local agency, the
limitations on the certificate of completion set forth in paragraphs
(1) to (6), inclusive, of subdivision (c) of Section 25264 of the
Health and Safety Code are limits on any immunity provided for
by this section and subdivision (c) of Section 25264 of the Health
and Safety Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52208.  

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

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

(c) A city, county, or city and county may recover any costs
incurred to develop and to implement a cleanup or remedial action
plan approved pursuant to Sections 52206 and 52207, to the same
extent the department is authorized to recover those costs. The
scope and standard of liability for cost recovery pursuant to this
section shall be the scope and standard of liability under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.)
as that act would apply to the department; provided, however, that
any reference to hazardous substance therein shall be deemed to
refer to hazardous substance as defined in subdivision (c) of Section
52205.

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

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

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

52209.  

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

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 33459 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

33459.  

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

begin insert

(a) “Agency” includes a former redevelopment agency as
defined in Section 33003 and a city, county, or city and county.

end insert begin delete

(a)

end delete

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

begin delete

(b)

end delete

begin insert (c) end insert  “Director” means the Director of Toxic Substances Control.

begin delete

(c)

end delete

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

begin delete

(d)

end delete

begin insert (e) end insert  “Local agency” means a single local agency that is one of
the following:

(1) A local agency authorized pursuant to Section 25283 to
implement Chapter 6.7 (commencing with Section 25280) of, and
Chapter 6.75 (commencing with Section 25299.10) of, Division
20.

(2) A local officer who is authorized pursuant to Section 101087
to supervise a remedial action.

begin delete

(e)

end delete

begin insert (f) end insert  “Qualified independent contractor” means an independent
contractor who is any of the following:

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

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

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

begin delete

(f)

end delete

begin insert (g) end insert  “Release” means any release, as defined in Section 25320.

begin delete

(g)

end delete

begin insert (h) end insert  “Remedy” or “remove” means any action to assess, evaluate,
investigate, monitor, remove, correct, clean up, or abate a release
of a hazardous substance or to develop plans for those actions.
“Remedy” includes any action set forth in Section 25322 and
“remove” includes any action set forth in Section 25323.

begin delete

(h)

end delete

begin insert (i) end insert  “Responsible party” means any person described in
subdivision (a) of Section 25323.5 of this code or subdivision (a)
of Section 13304 of the Water Code.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 33459.1 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

33459.1.  

(a) (1) An agency may take any actions that the
agency determines are necessary and that are consistent with other
state and federal laws to remedy or remove a release of hazardous
substances on, under, or from property within a project area begin insert or
property within its jurisdiction that previously was within the
jurisdiction of a former redevelopment agency end insert , whether the agency
owns that property or not, subject to the conditions specified in
subdivision (b). Unless an administering agency has been
designated under Section 25262, the agency shall request cleanup
guidelines from the department or the California regional water
quality control board before taking action to remedy or remove a
release. The department or the California regional water quality
control board shall respond to the agency’s request to provide
cleanup guidelines within a reasonable period of time. The agency
shall thereafter submit for approval a cleanup or remedial action
plan to the department or the California regional water quality
control board before taking action to remedy or remove a release.
The department or the California regional water quality control
board shall respond to the agency’s request for approval of a
cleanup or remedial action plan within a reasonable period of time.

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

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

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

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

(3) The party determined by the agency to be the responsible
party for the hazardous substance release entered into an agreement
with the agency to prepare a remedial action plan for approval by
the department, the California regional water quality control board,
or the appropriate local agency and to implement the remedial
action plan in accordance with an agreed schedule, but failed to
prepare the remedial action plan, failed to implement the remedial
action plan in accordance with the agreed schedule, or otherwise
failed to carry out the remedial action in an appropriate and timely
manner. Any action taken by the agency pursuant to this paragraph
shall be consistent with any agreement between the agency and
the responsible party and with the requirements of the state or local
agency that approved or will approve the remedial action plan and
is overseeing or will oversee the preparation and implementation
of the remedial action plan.

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

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

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

(d) An agency may designate a local agency in lieu of the
department or the California regional water quality control board
to review and approve a cleanup or remedial action plan and to
oversee the remediation or removal of hazardous substances from
a specific hazardous substance release site in accordance with the
following conditions:

(1) The local agency may be so designated if it is designated as
the administering agency under Section 25262. In that event, the
local agency, as the administering agency, shall conduct the
oversight of the remedial action in accordance with Chapter 6.65
(commencing with Section 25260) and all provisions of that chapter
shall apply to the remedial action.

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

(3) A local agency may not consent to the designation by an
agency unless the local agency determines that it has adequate
staff resources and the requisite technical expertise and capabilities
available to adequately supervise the remedial action.

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

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

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

(B) Nothing in this paragraph prevents a California regional
water quality control board from taking any action pursuant to
Division 7 (commencing with Section 13000) of the Water Code.

(5) Where a local agency has been designated pursuant to
paragraph (2), the local agency may, after providing the agency
with adequate notice, withdraw from its designation after making
one of the findings specified in subdivision (d) of Section 101480.

(e) To facilitate redevelopment planning, the agency may require
the owner or operator of any site within a project area begin insert or its
jurisdiction end insert to provide the agency with all existing environmental
information pertaining to the site, including the results of any Phase
I or subsequent environmental assessment, as defined in Section
25200.14, any assessment conducted pursuant to an order from,
or agreement with, any federal, state or local agency, and any other
environmental assessment information, except that which is
determined to be privileged. The person requested to furnish the
information shall be required only to furnish that information as
may be within their possession or control, including actual
knowledge of information within the possession or control of any
other party. If environmental assessment information is not
available, the agency may require the owner of the property to
conduct an assessment in accordance with standard real estate
practices for conducting phase I or phase II environmental
assessments.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 33459.3 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

33459.3.  

(a) Notwithstanding any other provision of law,
except as provided in Section 33459.7, an agency that undertakes
and completes an action, or causes another person to undertake
and complete an action pursuant to Section 33459.1, as specified
in subdivision (c), to remedy or remove a hazardous substance
release on, under, or from property within a redevelopment project,
in accordance with a cleanup or remedial action plan prepared by
a qualified independent contractor and approved by the department
or a California regional water quality control board or the local
agency, as appropriate, pursuant to subdivision (b), is not liable,
with respect to that release only, under Division 7 (commencing
with Section 13000) of the Water Code or Chapter 6.5
(commencing with Section 25100), Chapter 6.7 (commencing with
Section 25280), Chapter 6.75 (commencing with Section
25299.10), or Chapter 6.8 (commencing with Section 25300), of
Division 20 of this code, or any other state or local law providing
liability for remedial or removal actions for releases of hazardous
substances. If the remedial action was also performed pursuant to
Chapter 6.65 (commencing with Section 25260) of Division 20,
and a certificate of completion is issued pursuant to subdivision
(b) of Section 25264, the immunity from agency action provided
by the certificate of completion, as specified in subdivision (c) of
Section 25264, shall apply to the agency, in addition to the
immunity conferred by this section. In the case of a remedial action
performed pursuant to Chapter 6.65 (commencing with Section
25260) of Division 20, and for which the administering agency is
a local agency, the limitations on the certificate of completion set
forth in paragraphs (1) to (6), inclusive, of subdivision (c) of
Section 25264 are limits on any immunity provided for by this
section and subdivision (c) of Section 25264.

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

(c) Notwithstanding any provision of law or policy providing
for certification by a person conducting a remedial or removal
action that the action has been properly completed, a determination
that a remedial or removal action has been properly completed
pursuant to this section shall be made only upon the affirmative
approval of the director or the California regional water quality
control board or the local agency, as appropriate. The department,
California regional water quality control board, or local agency,
as appropriate, shall, within 60 days of the date it finds that a
remedial action has been completed, notify the agency in writing
that the immunity provided by this section is in effect.

(d) The approval of a cleanup or remedial action plan under this
section by a local agency shall also be subject to the concurrent
approval of the department or a California regional water quality
control board when the agency receiving the approval was formed
by the same entity of which the local agency is a part.

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

(1) Any employee or agent of the agency, including an
instrumentality of the agency authorized to exercise some, or all,
of the powers of an agency within, or for the benefit of, a
redevelopment project begin insert or its jurisdiction end insert and any employee or
agent of the instrumentality.

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

(3) Any person who acquires the property after a person has
entered into an agreement with an agency for redevelopment of
the property as described in paragraph (2).

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

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

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

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

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

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

(g) The immunity provided by this section is in addition to any
other immunity of an agency provided by law.

(h) This section does not impair any cause of action by an
agency or any other party against the person, firm, or entity
responsible for the hazardous substance release which is the subject
of the removal or remedial action taken by the agency or other
person immune from liability pursuant to this section.

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

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

(k) This section does not establish, limit, or affect the liability
of an agency for any release of a hazardous substance that is not
investigated or remediated pursuant to this section or Chapter 6.65
(commencing with Section 25260) of Division 20.

(l) The immunity provided for by this section is only conferred
if both of the following apply:

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

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

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

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 33459.8 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

33459.8.  

If an agency undertakes any action to remedy or
remove a release of hazardous substances on, under, or from
property within a project area begin insert or property within its jurisdiction
that previously was within the jurisdiction of a former
redevelopment agency end insert , the agency shall begin insert , if it is required to have
a redevelopment plan, end insert amend its redevelopment plan and follow
the same procedure, as specified, and the legislative body is subject
to the same restrictions as provided for in Article 4 (commencing
with Section 33330), for the adoption of a redevelopment plan, if
the agency determines that as a result of the remedial or removal
action, it will also be taking any of the following actions:

(a) Proposing to add new territory to begin delete the end delete begin insert a end insert project area.

(b) Increasing either the limitation on the amount of funds to
be allocated to the agency or the time limit on the establishing of
loans, advances, and indebtedness established pursuant to
subdivisions (1) and (2) of Section 33333.2.

(c) Lengthening the period during which the redevelopment
plan is effective.

(d) Merging project areas.

(e) Adding significant additional capital improvement projects.