BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 820|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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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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