BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 820| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 820 Author: Hertzberg (D) Amended: 4/12/16 Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 4/6/16 AYES: Wieckowski, Gaines, Bates, Hill, Leno, Pavley NO VOTE RECORDED: Jackson SENATE JUDICIARY COMMITTEE: 7-0, 4/19/16 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/9/16 AYES: Lara, Beall, Hill, McGuire, Mendoza, Nielsen NO VOTE RECORDED: Bates SUBJECT: Hazardous materials: California Land Reuse and Revitalization Act of 2004 SOURCE: Author DIGEST: This bill extends the sunset date for the California Land Reuse and Revitalization Act of 2004 (CLRRA) to January 1, 2027, and makes corresponding changes to a provision that provides for continued immunity after the repeal of CLRRA. ANALYSIS: Existing law: 1)Establishes, pursuant to both federal and state law, an SB 820 Page 2 extensive and complex series of programs authorizing public agencies to order owners of contaminated property, including "brownfields" to conduct cleanups of these properties, including the following: a) The Comprehensive Environmental Cleanup, Response and Liability Act (CERCLA 42 U.S.C. 9601 et seq.), commonly referred to as the federal Superfund law; b) The Carpenter-Presley-Tanner Hazardous Substance Account Act (commencing with Section 25300 of the Health and Safety Code), commonly referred to as the State Superfund Program; c) Division 7 of the Water Code (commencing with Section 13000), commonly referred to as the Porter-Cologne Water Quality Control Act); d) Article 12.5 of the Health and Safety Code (commencing with Section 33459), commonly referred to as the Polanco Redevelopment Act; e) Chapter 6.10 of the Health and Safety Code (commencing with Section 25401), commonly referred to as the Escutia Law; f) Chapter 6.65 of the Health and Safety Code (commencing with Section 25260), commonly referred to as the Unified Agency Review of Hazardous Substance Release Site law or the "AB 2061" process; g) Article 8.5 of the Health and Safety Code (commencing with Section 25395.10), commonly referred to as the CLEAN Program (Clean Loans and Environmental Assistance to Neighborhoods); and h) Article 8.7 of Chapter 6.8 of the Health and Safety Code (commencing with Section 25395.40), commonly referred to as the FAIR Program (Financial Assurance and Insurance for Redevelopment). 2)Provides, pursuant to CLRRA, qualified innocent landowners, bona fide purchasers or contiguous property owners with immunity from liability for certain hazardous materials response costs or other damages based on meeting stipulated SB 820 Page 3 conditions, including the following: a) Participants agree to assess and cleanup the property as necessary; b) Participants seeking to qualify for immunity must enter into an agreement with an oversight agency; and c) Response actions must be as protective of public health and the environment as actions required by relevant cleanup standards contained in the Health and Safety and Water Codes. The Act is repealed as of January 1, 2017, unless another enacted statute deletes or extends that date. This bill extends the repeal date of CLRRA to January 1, 2027. Background 1)California brownfields. The original purpose of CLRRA (the statute for which this measure seeks to eliminate the sunset) was stated as follows "The underutilization of brownfields in the state results in environmental, social, and economic detriments to the state and citizens?.The brownfields in California represents an opportunity for the development of housing, parks and mixed use developments." According to the Department of Toxic Substances Control, there are approximately 90,000 brownfields currently in California. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: Unknown, but likely around $50,000 (Toxic Substances Control Account), for the Department of Toxic Substance Control oversight of clean-up projects.* Minor costs for the State Water Resources Control Board SB 820 Page 4 oversight (State Water Quality Control Fund).* *Costs are reimbursed through a fee-for-service agreement. SUPPORT: (Verified5/10/16) Association of Commercial Real Estate Investment Trusts - Northern and Southern California Bay Area Council Brown and Winters Building Owners and Managers Association of California California Association for Local Economic Development California Building Industry Association California Business Properties Association California Council for Environmental and Economic Balance California Infill Federation California Main Street Alliance Center for Creative Land Recycling City of Carson City of Chula Vista City of Redding Civil Justice Association of California Commercial Real Estate Developers Association Institute of Real Estate Management International Council of Shopping Centers League of California Cities Los Angeles Neighborhood Land Trust NAIOP of California National Association of Real Estate Investment Trusts Retail Industry Leaders Association OPPOSITION: (Verified5/10/16) None received Prepared by:Rachel Wagoner / E.Q. / (916) 651-4108 5/11/16 16:06:32 SB 820 Page 5 **** END ****