BILL NUMBER: SB 415 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kuehl
FEBRUARY 20, 2003
An act to add Article 1.8 (commencing with Section 1103.20) to
Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code,
relating to real property.
LEGISLATIVE COUNSEL'S DIGEST
SB 415, as introduced, Kuehl. Real property: radioactive
contamination: disclosure.
Existing law requires a seller of real property, as specified, to
make disclosures regarding natural hazards upon the transfer of that
property, and sets forth the content and form of these disclosures in
a Natural Hazard Transfer Disclosure Statement.
This bill would require a person or entity that sells, leases,
subleases, otherwise transfers radioactive contaminated property, as
defined, to provide the transferee with a specified written
disclosure prior to the transfer that would describe the increased
risk of cancer to which occupants of the property are expected to be
exposed. The bill would specify that certain documents available
from the Office of Solid Waste and Emergency Response of the United
States Environmental Protection Agency are to be used in establishing
the level of radioactive contamination to be disclosed. The bill
would require that the risk be specific to the parcel being
transferred, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 1.8 (commencing with Section 1103.20) is added
to Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code, to
read:
Article 1.8. Radioactive Contaminated Property
1103.20. (a) A person or entity that sells, leases, subleases,
otherwise transfers radioactive contaminated property shall provide
the transferee with the written disclosure described in subdivision
(b) prior to that transfer.
(b) The written disclosure required by this section shall be given
in the following form, with the blanks appropriately filled:
"This property is contaminated by radioactive waste. Despite
cleanup and removal efforts, the remaining contamination will expose
occupants of this property to an increased risk of cancer equivalent
to one additional incidence of cancer for every ____ people exposed
to this level of radioactivity.
To understand what this level of risk means to you, the United
States Environmental Protection Agency (U.S. E.P.A.) generally
requires contaminated sites to be cleaned up to a level that will
result in one additional cancer for every 1,000,000 people exposed to
the level of contamination of that site, but may, under exceptional
circumstances, allow the risk to be as high as one additional cancer
for every 10,000 people exposed.
The level of radioactive contamination on this property (____ is)
(____ is not) within the ranges allowed by the U.S. E.P.A."
(c) (1) In establishing the level of radioactive contamination to
be disclosed pursuant to subdivision (b), the person or entity shall
use the documents described in this subdivision, which are available
from the Office of Solid Waste and Emergency Response (OSWER) of the
United States Environmental Protection Agency.
(2) The risk estimation shall utilize the most recent version of
the "Preliminary Remediation Goals for Radionuclides electronic
calculator," as described in the transmittal memorandum for this
document (February, 2002; OSWER No. 9355.01-83A). Risk estimate
calculations, sampling areas, and deviations from default values
shall be in accordance with the "Screening Guidance of Radionuclides:
User's Guide" (October, 2000; OSWER No. 9355.4-16A, NTIS Order
Number PB2000 963307), and with the "Soil Screening Guidance for
Radionuclides: Technical Background Document" (October, 2000; OSWER
No. 9355.4-16, NTIS Order Number PB2000 963306).
(3) The risk estimate shall be specific to the parcel being
transferred, and may not be the average risk associated with the
entire radioactive contaminated property.
(d) A person who is not an owner or operator, as those terms are
defined in 42 U.S.C. Sec. 9601(20), and who is involved in the
transfer of radioactive contaminated property subject to this section
including, but not limited to, real estate agents and brokers, or
mortgage brokers or bankers, are exempt from liability under this
section if the notice provided pursuant to subdivision (b) is
completed accurately and delivered to the transferee prior to the
transfer of the property.
(e) For the purposes of this section:
(1) "Radioactive contaminated property" means real property that
has radioactivity above background levels and is where activities
were undertaken that were any of the following:
(A) Subject to a license issued pursuant to Chapter 8 (commencing
with Section 114960) of Part 9 of Division 104 of the Health and
Safety Code.
(B) Subject to a license issued by the Nuclear Regulatory
Commission pursuant to the Atomic Energy Act (42 U.S.C. Sec. 2014 et
seq.).
(C) By, or for, an unlicensed federal entity.
(2) "Background level" means the local level of radioactivity from
nature without enhancement by human activity, coupled with the local
level of fallout from nuclear weapons and nuclear testing and the
local level of fallout from nuclear accidents that have occurred
elsewhere, including, but not limited to, the nuclear accident at
Chernobyl. ____ CORRECTIONS Text --
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