BILL NUMBER: SB 493	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cedillo

                        FEBRUARY 20, 2003

   An act to add Section 25365.8 to the Health and Safety Code,
relating to hazardous substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 493, as introduced, Cedillo.  Hazardous substances:  liability.

   Existing law, the Carpenter-Presley-Tanner Hazardous Substance
Account Act, imposes liability for hazardous substances removal or
remedial actions.  The act defines "responsible party" and "liable
person" as those persons described in the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 and
provides that specified defenses identified in the federal act are
available to a responsible party or liable person.
   This bill would declare the Legislature's intent to exempt a
person who is not liable for response costs under the federal act
because he or she is a bona fide prospective purchaser, a contiguous
property owner, or an innocent purchaser, from the imposition of
response costs by the state or any political subdivision thereof.
   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.  Section 25365.8 is added to the Health and Safety Code,
to read:
   25365.8.  The Legislature intends to exempt a person who is not
liable for response costs under the federal act because he or she is
a bona fide prospective purchaser, a contiguous property owner, or an
innocent purchaser, from the imposition of response costs by the
state or any political subdivision thereof.