Amended in Senate April 12, 2016

Senate Bill No. 820

Introduced by Senator Hertzberg

January 5, 2016

An act to begin delete repeal Article 8 (commencing with Section 25395.109) of Chapter 6.82 of, and to repeal Article 1 (commencing with Section 25395.110) of Chapter 6.83 of, Division 20, end delete begin insert amend Sections 25395.109 and 25395.110 end insert of the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 820, as amended, Hertzberg. Hazardous materials: California Land Reuse and Revitalization Act of 2004.

The California Land Reuse and Revitalization Act of 2004 provides, among other things, that an innocent landowner, bona fide purchaser, or contiguous property owner, as defined, qualifies for immunity from liability from certain state statutory and common laws for pollution conditions caused by a release or threatened release of a hazardous material if specified conditions are met, including entering into an agreement for a specified site assessment and response plan. The act prohibits the Department of Toxic Substances Control, the State Water Resources Control Board, or a California regional water quality control board from requiring one of those persons to take a response action under certain state laws, except as specified. Existing law repeals the act on January 1, 2017. begin insert Existing law provides that a person who qualifies for immunity under the act before January 1, 2017, shall continue to have that immunity on and after January 1, 2017, if the person continues to be in compliance with the requirements of the former act. end insert

This bill would extend the begin delete operation of the act indefinitely, end delete begin insert repeal date of the act to January 1, 2027, end insert and would begin delete make a conforming change. end delete begin insert provide that a person who qualifies for immunity under the act before January 1, 2027, shall continue to have that immunity on and after January 1, 2027, if the person continues to be in compliance with the requirements of the former act. 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25395.109 of the end insert begin insert Health and Safety Code end insert

begin insert is amended to read: end insert

25395.109.  

This chapter shall remain in effect only until
January 1, begin delete 2017, end delete begin insert 2027, end insert and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, begin delete 2017, end delete begin insert 2027, end insert
deletes or extends that date.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25395.110 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25395.110.  

(a) A person who, before January 1, begin delete 2017, end delete begin insert 2027, end insert
qualifies for immunity pursuant to Chapter 6.82 (commencing
with Section 25395.60), as that chapter read on December 31,
begin delete 2016, end delete begin insert 2026, end insert shall continue to have that immunity on and after
January 1, begin delete 2017, end delete begin insert 2027, end insert if the person continues to be in compliance
with the requirements of former Chapter 6.82 (commencing with
Section 25395.60), including, but not limited to, compliance with
all response plans approved pursuant to Article 6 (commencing
with Section 25395.90) of former Chapter 6.82, and compliance
with all other applicable laws.

(b) This article shall become operative January 1, begin delete 2017. end delete begin insert 2027. end insert

begin delete

SECTION 1.  

Article 8 (commencing with Section 25395.109)
of Chapter 6.82 of Division 20 of the Health and Safety Code is
repealed.

end delete

begin delete

SEC. 2.  

Article 1 (commencing with Section 25395.110) of
Chapter 6.83 of Division 20 of the Health and Safety Code is
repealed.

end delete