Amended in Assembly September 3, 2013

Amended in Assembly August 21, 2013

Amended in Assembly August 5, 2013

Amended in Senate May 8, 2013

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, and tobegin delete amend Sections 33459, 33459.1, 33459.3, and 33459.8 ofend deletebegin insert add Section 34176.6 toend insert the Health and Safety 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 to include certain types of agreements, purposes, and projects, 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.

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.

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

begin delete

This bill would incorporate additional changes to Section 33459 of the Health and Safety Code made by AB 229 and AB 243, to become operative if AB 229 or AB 243, or both, and this bill become effective on or before January 1, 2014, and this bill is enacted last.

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:

P3    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.

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

17(c) With the loss of redevelopment funds, cities, counties, and
18cities and counties need to continue certain powers afforded to
19redevelopment agencies that were critical to economic
20development, yet do not have an impact on schools and the state
21budget.

22

52200.2.  

As used in this part “economic opportunity” means
23any of the following:

24(a) Development agreements or other agreements that create,
25retain, or expand new jobs, in which the legislative body finds that
26the agreement will create or retain at least one full-time equivalent,
27permanent job for every thirty-five thousand dollars ($35,000) of
28city, county, or city and county investment in the project after full
29capacity and implementation.

30(b) Development agreements that increase property tax revenues
31to all property tax collecting entities, in which the legislative body
32finds that the agreement will result in an increase of at least 15
33percent of total property tax resulting from the project at full
P4    1implementation when compared to the year prior to the property
2being acquired by the government entity.

3(c) Creation of affordable housing, if a demonstrated affordable
4housing need exists in the community, as defined in the approved
5housing element or regional housing needs assessment.

6(d) Projects that meet the goals set forth in Chapter 728 of the
7Statutes of 2008 and have been included in an adopted sustainable
8communities strategy or alternative planning strategy or a project
9that specifically implements the goals of those adopted plans.

10(e) Transit priority projects, as defined in Section 21155 of the
11Public Resources Code.

12

52200.4.  

It is declared to be the policy of the state:

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

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

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

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

35

52200.6.  

This chapter shall not be interpreted to authorize the
36use of eminent domain for economic development purposes.

 

P5    1Chapter  2. Sales and Leases
2

 

3

52201.  

(a) (1) Before any city, county, or city and county
4property that is returned to the city, county, or city and county per
5the long-range property management plan, pursuant to Section
634191.5 of the Health and Safety Code, is sold or leased for
7economic development purposes, the sale or lease shall first be
8approved by the legislative body by resolution after public hearing.
9Notice of the time and place of the hearing shall be published in
10a newspaper of general circulation in the community at least once
11per week for at least two successive weeks, as specified in Section
126066, prior to the hearing.

13(2) The city, county, or city and county shall make available,
14for public inspection and copying at a cost not to exceed the cost
15of duplication, a report no later than the time of publication of the
16first notice of the hearing mandated by this section. This report
17shall contain both of the following:

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

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

20(i) The cost of the agreement to the city, county, or city and
21county, including land acquisition costs, clearance costs, relocation
22costs, the costs of any improvements to be provided by the city,
23county, or city and county, plus the expected interest on any loans
24or bonds to finance the agreements.

25(ii) The estimated value of the interest to be conveyed or leased,
26determined at the highest and best uses permitted under the general
27plan or zoning.

28(iii) The estimated value of the interest to be conveyed or leased,
29determined at the use and with the conditions, covenants, and
30development costs required by the sale or lease. The purchase price
31or present value of the lease payments which the lessor will be
32required to make during the term of the lease. If the sale price or
33total rental amount is less than the fair market value of the interest
34to be conveyed or leased, determined at the highest and best use,
35then the city, county, or city and county shall provide as part of
36the summary an explanation of the reasons for the difference.

37(iv) An explanation of why the sale or lease of the property will
38assist in the creation of economic opportunity, with reference to
39all supporting facts and materials relied upon in making this
40explanation.

P6    1(b) The resolution approving the lease or sale shall be adopted
2by a majority vote unless the legislative body has provided by
3ordinance for a two-thirds vote for that purpose and shall contain
4a finding that the sale or lease of the property will assist in the
5creation of economic opportunity. The resolution shall also contain
6one of the following findings:

7(1) The consideration is not less than the fair market value at
8its highest and best use.

9(2) The consideration is not less than the fair reuse value at the
10use and with the covenants and conditions and development costs
11authorized by the sale or lease.

12(c) The provisions of this section are an alternative to any other
13authority granted by law to cities to dispose of city-owned property.

14

52202.  

A city, county, or city and county may establish a
15program under which it loans funds to owners or tenants for the
16purpose of rehabilitating commercial buildings or structures.

17

52203.  

(a) As part of an agreement that provides for the
18development or rehabilitation of property that will be used for
19industrial or manufacturing purposes, a city, county, or city and
20county may assist with the financing of facilities or capital
21equipment, including, but not necessarily limited to, pollution
22control devices.

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

29begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 34176.6 is added to the end insertbegin insertHealth and Safety
30Code
end insert
begin insert, to read:end insert

begin insert
31

begin insert34176.6.end insert  

Notwithstanding any other law, a city, county, or city
32and county may utilize the Polanco Redevelopment Act (Article
3312.5 (commencing with Section 33459) of Part 1 of Division 24)
34with respect to property that is located within the boundaries of
35a former redevelopment agency.

end insert
begin delete
36

SEC. 2.  

Section 33459 of the Health and Safety Code is
37amended to read:

38

33459.  

For purposes of this article, the following terms shall
39have the following meanings:

P7    1(a) “Agency” includes a former redevelopment agency as
2defined in Section 33003 and a city, county, or city and county.

3(b) “Department” means the Department of Toxic Substances
4Control.

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

6(d) “Hazardous substance” means any hazardous substance as
7defined in subdivision (h) of Section 25281, and any reference to
8hazardous substance in the definitions referenced in this section
9shall be deemed to refer to hazardous substance, as defined in this
10subdivision.

11(e) “Local agency” means a single local agency that is one of
12the following:

13(1) A local agency authorized pursuant to Section 25283 to
14implement Chapter 6.7 (commencing with Section 25280) of, and
15Chapter 6.75 (commencing with Section 25299.10) of, Division
1620.

17(2) A local officer who is authorized pursuant to Section 101087
18to supervise a remedial action.

19(f) “Qualified independent contractor” means an independent
20contractor who is any of the following:

21(1) An engineering geologist who is certified pursuant to Section
227842 of the Business and Professions Code.

23(2) A geologist who is registered pursuant to Section 7850 of
24the Business and Professions Code.

25(3) A civil engineer who is registered pursuant to Section 6762
26of the Business and Professions Code.

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

28(h) “Remedy” or “remove” means any action to assess, evaluate,
29investigate, monitor, remove, correct, clean up, or abate a release
30of a hazardous substance or to develop plans for those actions.
31“Remedy” includes any action set forth in Section 25322 and
32“remove” includes any action set forth in Section 25323.

33(i) “Responsible party” means any person described in
34subdivision (a) of Section 25323.5 of this code or subdivision (a)
35of Section 13304 of the Water Code.

36

SEC. 2.5.  

Section 33459 of the Health and Safety Code is
37amended to read:

38

33459.  

For purposes of this article, the following terms shall
39have the following meanings:

P8    1(a) “Agency” includes a former redevelopment agency as
2defined in Section 33003 and a city, county, or city and county.

3(b) “Department” means the Department of Toxic Substances
4Control.

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

6(d) “Hazardous substance” means any hazardous substance as
7defined in subdivision (h) of Section 25281, and any reference to
8hazardous substance in the definitions referenced in this section
9shall be deemed to refer to hazardous substance, as defined in this
10subdivision.

11(e) “Local agency” means a single local agency that is one of
12the following:

13(1) A local agency authorized pursuant to Section 25283 to
14implement Chapter 6.7 (commencing with Section 25280) of, and
15Chapter 6.75 (commencing with Section 25299.10) of, Division
1620.

17(2) A local officer who is authorized pursuant to Section 101087
18to supervise a remedial action.

19(3) An infrastructure and revitalization financing district created
20pursuant to Chapter 2.6 (commencing with Section 53369) or
21Chapter 2.10 (commencing with Section 53399) of Part 1 of
22Division 2 of Title 5 of the Government Code.

23(f) “Qualified independent contractor” means an independent
24contractor who is any of the following:

25(1) An engineering geologist who is certified pursuant to Section
267842 of the Business and Professions Code.

27(2) A geologist who is registered pursuant to Section 7850 of
28the Business and Professions Code.

29(3) A civil engineer who is registered pursuant to Section 6762
30of the Business and Professions Code.

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

32(h) “Remedy” or “remove” means any action to assess, evaluate,
33investigate, monitor, remove, correct, clean up, or abate a release
34of a hazardous substance or to develop plans for those actions.
35“Remedy” includes any action set forth in Section 25322 and
36“remove” includes any action set forth in Section 25323.

37(i) “Responsible party” means any person described in
38subdivision (a) of Section 25323.5 of this code or subdivision (a)
39of Section 13304 of the Water Code.

P9    1

SEC. 3.  

Section 33459.1 of the Health and Safety Code is
2amended to read:

3

33459.1.  

(a) (1) An agency may take any actions that the
4agency determines are necessary and that are consistent with other
5state and federal laws to remedy or remove a release of hazardous
6substances on, under, or from property within a project area or
7property within its jurisdiction that previously was within the
8jurisdiction of a former redevelopment agency, whether the agency
9owns that property or not, subject to the conditions specified in
10subdivision (b). Unless an administering agency has been
11designated under Section 25262, the agency shall request cleanup
12guidelines from the department or the California regional water
13quality control board before taking action to remedy or remove a
14release. The department or the California regional water quality
15control board shall respond to the agency’s request to provide
16cleanup guidelines within a reasonable period of time. The agency
17shall thereafter submit for approval a cleanup or remedial action
18plan to the department or the California regional water quality
19control board before taking action to remedy or remove a release.
20The department or the California regional water quality control
21board shall respond to the agency’s request for approval of a
22cleanup or remedial action plan within a reasonable period of time.

23(2) The agency shall provide the department, local health and
24building departments, and the California regional water quality
25control board, with notification of any cleanup activity pursuant
26to this section at least 30 days before the commencement of the
27activity. If an action taken by an agency or a responsible party to
28remedy or remove a release of a hazardous substance does not
29meet, or is not consistent with, a remedial action plan or cleanup
30plan approved by the department or the California regional water
31quality control board, the department or the California regional
32water quality control board that approved the cleanup or remedial
33action plan may require the agency to take, or cause the taking of,
34additional action to remedy or remove the release, as provided by
35applicable law. If an administering agency for the site has been
36designated under Section 25262, any requirement for additional
37action may be imposed only as provided in Sections 25263 and
3825265. If methane or landfill gas is present, the agency shall obtain
39written approval from the California Integrated Waste Management
40Board prior to taking that action.

P10   1(b) Except as provided in subdivision (c), an agency may take
2the actions specified in subdivision (a) only under one of the
3following conditions:

4(1) There is no responsible party for the release identified by
5the agency.

6(2) A party determined by the agency to be a responsible party
7for the release has been notified by the agency or has received
8adequate notice from the department, a California regional water
9quality control board, the California Environmental Protection
10Agency, or other governmental agency with relevant authority and
11has been given 60 days to respond and to propose a remedial action
12plan and schedule, and the responsible party has not agreed within
13an additional 60 days to implement a plan and schedule to remedy
14or remove the release that is acceptable to the agency and that has
15been found by the agency to be consistent, to the maximum extent
16possible, with the priorities, guidelines, criteria, and regulations
17contained in the National Contingency Plan and published pursuant
18to Section 9605 of Title 42 of the United States Code for similar
19releases, situations, or events.

20(3) The party determined by the agency to be the responsible
21party for the hazardous substance release entered into an agreement
22with the agency to prepare a remedial action plan for approval by
23the department, the California regional water quality control board,
24or the appropriate local agency and to implement the remedial
25action plan in accordance with an agreed schedule, but failed to
26prepare the remedial action plan, failed to implement the remedial
27action plan in accordance with the agreed schedule, or otherwise
28failed to carry out the remedial action in an appropriate and timely
29manner. Any action taken by the agency pursuant to this paragraph
30shall be consistent with any agreement between the agency and
31the responsible party and with the requirements of the state or local
32agency that approved or will approve the remedial action plan and
33is overseeing or will oversee the preparation and implementation
34of the remedial action plan.

35(c) Subdivision (b) does not apply to either of the following
36agencies:

37(1) An agency taking actions to investigate or conduct feasibility
38studies concerning a release.

39(2) An agency taking the actions specified in subdivision (a) if
40the agency determines that conditions require immediate action.

P11   1(d) An agency may designate a local agency in lieu of the
2department or the California regional water quality control board
3to review and approve a cleanup or remedial action plan and to
4oversee the remediation or removal of hazardous substances from
5a specific hazardous substance release site in accordance with the
6following conditions:

7(1) The local agency may be so designated if it is designated as
8the administering agency under Section 25262. In that event, the
9local agency, as the administering agency, shall conduct the
10oversight of the remedial action in accordance with Chapter 6.65
11(commencing with Section 25260) and all provisions of that chapter
12shall apply to the remedial action.

13(2) The local agency may be so designated if cleanup guidelines
14were requested from a California regional water quality control
15board, and the site is an underground storage tank site subject to
16Chapter 6.7 (commencing with Section 25280) of Division 20, the
17local agency has been certified as a certified unified program
18agency pursuant to Section 25404.1, the State Water Resources
19Control Board has entered into an agreement with the local agency
20for oversight of those sites pursuant to Section 25297.1, the local
21agency determines that the site is within the guidelines and
22protocols established in, and pursuant to, that agreement, and the
23local agency consents to the designation.

24(3) A local agency may not consent to the designation by an
25agency unless the local agency determines that it has adequate
26staff resources and the requisite technical expertise and capabilities
27available to adequately supervise the remedial action.

28(4) (A) Where a local agency has been designated pursuant to
29paragraph (2), the department or a California regional water quality
30control board may require that a local agency withdraw from the
31designation, after providing the agency with adequate notice, if
32both of the following conditions are met:

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

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

P12   1(B) Nothing in this paragraph prevents a California regional
2water quality control board from taking any action pursuant to
3Division 7 (commencing with Section 13000) of the Water Code.

4(5) Where a local agency has been designated pursuant to
5paragraph (2), the local agency may, after providing the agency
6with adequate notice, withdraw from its designation after making
7one of the findings specified in subdivision (d) of Section 101480.

8(e) To facilitate redevelopment planning, the agency may require
9the owner or operator of any site within a project area or its
10jurisdiction to provide the agency with all existing environmental
11information pertaining to the site, including the results of any Phase
12I or subsequent environmental assessment, as defined in Section
1325200.14, any assessment conducted pursuant to an order from,
14or agreement with, any federal, state, or local agency, and any
15other environmental assessment information, except that which is
16determined to be privileged. The person requested to furnish the
17information shall be required only to furnish that information as
18 may be within their possession or control, including actual
19knowledge of information within the possession or control of any
20other party. If environmental assessment information is not
21available, the agency may require the owner of the property to
22conduct an assessment in accordance with standard real estate
23practices for conducting phase I or phase II environmental
24assessments.

25

SEC. 4.  

Section 33459.3 of the Health and Safety Code is
26amended to read:

27

33459.3.  

(a) Notwithstanding any other provision of law,
28except as provided in Section 33459.7, an agency that undertakes
29and completes an action, or causes another person to undertake
30and complete an action pursuant to Section 33459.1, as specified
31in subdivision (c), to remedy or remove a hazardous substance
32release on, under, or from property within a redevelopment project,
33in accordance with a cleanup or remedial action plan prepared by
34a qualified independent contractor and approved by the department
35or a California regional water quality control board or the local
36agency, as appropriate, pursuant to subdivision (b), is not liable,
37with respect to that release only, under Division 7 (commencing
38with Section 13000) of the Water Code or Chapter 6.5
39(commencing with Section 25100), Chapter 6.7 (commencing with
40Section 25280), Chapter 6.75 (commencing with Section
P13   125299.10), or Chapter 6.8 (commencing with Section 25300), of
2Division 20 of this code, or any other state or local law providing
3liability for remedial or removal actions for releases of hazardous
4substances. If the remedial action was also performed pursuant to
5Chapter 6.65 (commencing with Section 25260) of Division 20,
6and a certificate of completion is issued pursuant to subdivision
7(b) of Section 25264, the immunity from agency action provided
8by the certificate of completion, as specified in subdivision (c) of
9Section 25264, shall apply to the agency, in addition to the
10immunity conferred by this section. In the case of a remedial action
11performed pursuant to Chapter 6.65 (commencing with Section
1225260) of Division 20, and for which the administering agency is
13a local agency, the limitations on the certificate of completion set
14forth in paragraphs (1) to (6), inclusive, of subdivision (c) of
15Section 25264 are limits on any immunity provided for by this
16section and subdivision (c) of Section 25264.

17(b) Upon approval of any cleanup or remedial action plan,
18pursuant to applicable statutes and regulations, the director or the
19California regional water quality control board or the local agency,
20as appropriate, shall acknowledge, in writing, within 60 days of
21the date of approval, that upon proper completion of the remedial
22or removal action in accordance with the plan, the immunity
23provided by this section shall apply to the agency.

24(c) Notwithstanding any provision of law or policy providing
25for certification by a person conducting a remedial or removal
26action that the action has been properly completed, a determination
27that a remedial or removal action has been properly completed
28pursuant to this section shall be made only upon the affirmative
29approval of the director or the California regional water quality
30 control board or the local agency, as appropriate. The department,
31California regional water quality control board, or local agency,
32as appropriate, shall, within 60 days of the date it finds that a
33remedial action has been completed, notify the agency in writing
34that the immunity provided by this section is in effect.

35(d) The approval of a cleanup or remedial action plan under this
36section by a local agency shall also be subject to the concurrent
37approval of the department or a California regional water quality
38control board when the agency receiving the approval was formed
39by the same entity of which the local agency is a part.

P14   1(e) Upon proper completion of a remedial or removal action,
2as specified in subdivision (c), the immunity from agency action
3provided by the certificate of completion provided pursuant to
4subdivision (c) of Section 25264 and the immunity provided by
5this section extends to all of the following, but only for the release
6or releases specifically identified in the approved cleanup or
7remedial action plan and not for any subsequent release or any
8release not specifically identified in the approved cleanup or
9remedial action plan:

10(1) Any employee or agent of the agency, including an
11instrumentality of the agency authorized to exercise some, or all,
12of the powers of an agency within, or for the benefit of, a
13redevelopment project or its jurisdiction, and any employee or
14agent of the instrumentality.

15(2) Any person who enters into an agreement with an agency
16for the redevelopment of property, if the agreement requires the
17person to acquire property affected by a hazardous substance
18release or to remove or remedy a hazardous substance release with
19respect to that property.

20(3) Any person who acquires the property after a person has
21entered into an agreement with an agency for redevelopment of
22the property as described in paragraph (2).

23(4) Any person who provided financing to a person specified
24in paragraph (2) or (3).

25(f) Notwithstanding any other provision of law, the immunity
26provided by this section does not extend to any of the following:

27(1) Any person who was a responsible party for the release
28before entering into an agreement, acquiring property, or providing
29financing, as specified in subdivision (e).

30(2) Any person specified in subdivision (a) or (e) for any
31subsequent release of a hazardous substance or any release of a
32hazardous substance not specifically identified in the approved
33cleanup or remedial action plan.

34(3) Any contractor who prepares the cleanup or remedial action
35plan, or conducts the removal or remedial action.

36(4) Any person who obtains an approval, as specified in
37subdivision (b), or a determination, as specified in subdivision (c),
38by fraud, negligent or intentional nondisclosure, or
39misrepresentation, and any person who knows before the approval
40or determination is obtained or before the person enters into an
P15   1agreement, acquires the property or provides financing, as specified
2in subdivision (e), that the approval or determination was obtained
3by these means.

4(g) The immunity provided by this section is in addition to any
5other immunity of an agency provided by law.

6(h) This section does not impair any cause of action by an
7agency or any other party against the person, firm, or entity
8responsible for the hazardous substance release which is the subject
9of the removal or remedial action taken by the agency or other
10person immune from liability pursuant to this section.

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

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

18(k) This section does not establish, limit, or affect the liability
19of an agency for any release of a hazardous substance that is not
20investigated or remediated pursuant to this section or Chapter 6.65
21(commencing with Section 25260) of Division 20.

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

24(1) The action is in accordance with a cleanup or remedial action
25plan prepared by a qualified independent contractor and approved
26by the department or a California regional water quality control
27board or the local agency, as appropriate, pursuant to subdivision
28(b).

29(2) The remedial or removal action is undertaken and properly
30completed, as specified in subdivision (c).

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

35

SEC. 5.  

Section 33459.8 of the Health and Safety Code is
36amended to read:

37

33459.8.  

If an agency undertakes any action to remedy or
38remove a release of hazardous substances on, under, or from
39property within a project area or property within its jurisdiction
40that previously was within the jurisdiction of a former
P16   1redevelopment agency, the agency shall, if it is required to have
2a redevelopment plan, amend its redevelopment plan and follow
3the same procedure, as specified, and the legislative body is subject
4to the same restrictions as provided for in Article 4 (commencing
5with Section 33330), for the adoption of a redevelopment plan, if
6the agency determines that as a result of the remedial or removal
7action, it will also be taking any of the following actions:

8(a) Proposing to add new territory to a project area.

9(b) Increasing either the limitation on the amount of funds to
10be allocated to the agency or the time limit on the establishing of
11loans, advances, and indebtedness established pursuant to
12subdivisions (b) and (c) of Section 33333.2.

13(c) Lengthening the period during which the redevelopment
14plan is effective.

15(d) Merging project areas.

16(e) Adding significant additional capital improvement projects.

17

SEC. 6.  

Section 2.5 of this bill incorporates amendments to
18Section 33459 of the Health and Safety Code proposed by this bill,
19Assembly Bill 229, and Assembly Bill 243. It shall become
20operative only if any of the following occur:

21(1) Assembly Bill 229 and this bill are enacted and become
22effective on or before January 1, 2014, each bill amends Section
2333459 of the Health and Safety Code, and this bill is enacted after
24Assembly Bill 229, in which case Section 2 of this bill shall not
25become operative.

26(2) Assembly Bill 243 and this bill are enacted and become
27effective on or before January 1, 2014, each bill amends Section
2833459 of the Health and Safety Code, and this bill is enacted after
29Assembly Bill 243, in which case Section 2 of this bill shall not
30become operative.

31(3) Assembly Bill 229, Assembly Bill 243, and this bill are
32enacted and become effective on or before January 1, 2014, each
33bill amends Section 33459 of the Health and Safety Code, and this
34bill is enacted after Assembly Bill 229 and Assembly Bill 243, in
35which case Section 2 of this bill shall not become operative.

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