BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 820|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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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
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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
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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
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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
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