BILL NUMBER: SB 493 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2003
INTRODUCED BY Senator Cedillo
FEBRUARY 20, 2003
An act to add Section 25365.8 25400.5
to the Health and Safety Code, relating to hazardous
substances materials .
LEGISLATIVE COUNSEL'S DIGEST
SB 493, as amended, Cedillo. Hazardous substances
materials : 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 (CERCLA) and provides that specified defenses identified in
the federal act are available to a responsible party or liable
person.
Existing law, including the Porter-Cologne Water Quality Control
Act and the provisions regulating hazardous waste and releases from
underground storage tanks, impose various requirements with regard to
corrective action and cleanup and abatement, upon persons subject to
those acts.
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 immunize an innocent purchaser or
a bona fide prospective purchaser, as defined in the federal
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA), from liability under specified state or local laws
for the cost of response associated with a release or threatened
release of a hazardous material at a site, if the innocent purchaser
or bonafide prospective purchaser meets specified conditions. The
bill would also immunize a person from liability under specified
state or local laws for response costs associated with a release or
threatened release of a hazardous material from a site that is not
owned by that person, if the person owns real property that is
contiguous to, or otherwise similarly situated with respect to, that
site and the person complies with specified requirements set forth in
CERCLA .
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25365.8 25400.5
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.
25400.5. (a) For the purposes of this section, the following terms
have the following meaning:
(1) "Applicable statute" means any of the following:
(A) Division 7 (commencing with Section 13000) of the Water Code.
(B) Chapter 6.5 (commencing with Section 25100), Chapter 6.7
(commencing with Section 25280), Chapter 6.75 (commencing with
Section 25299.10), and Chapter 6.8 (commencing with Section 25300).
(C) Any other state or local law providing liability for the
response costs associated with a release of a hazardous material.
(2) "Bona fide prospective purchaser" has the same meaning as
defined in paragraph (40) of Section 101 of the federal act (42
U.S.C. Sec. 9601(40)).
(3) "Innocent purchaser" means a person who meets the requirements
for the exemption from liability set forth in paragraph (3) of
subsection (b) of Section 107 of the federal act (42 U.S.C. Sec. 9607
(b)(3)).
(4) "Hazardous material" has the same meaning as defined in
paragraph (8) of subdivision (a) of Section 25395.20.
(5) "Response" includes a response action as defined in Section
25323.3, or a response action subject to other applicable statute.
(6) "Site" means an area, location, or facility where a hazardous
material has been released or threatens to be released into the
environment.
(b) (1) Notwithstanding any other provision of state law,
including, but not limited to, Section 25323.5, an innocent purchaser
or a bona fide prospective purchaser is not liable under any
applicable statute for any costs of response associated with a
release or threatened release of a hazardous material at a site, if
the innocent purchaser or bona fide prospective purchaser's potential
liability for the release or threatened release is based solely on
the person's ownership or operation of the site, including, but not
limited to, if the person, due to possession or control of the site,
is authorized to undertake a response action at the site.
(2) Paragraph (1) does not apply if the innocent purchaser or bona
fide prospective purchaser impedes the performance of any response
action or natural resources restoration associated with the release
or threatened release.
(c) Notwithstanding any other provision of state law, including,
but not limited to, Section 25323.5, a person is not liable under any
applicable statute for any costs of response associated with a
release or threatened release of a hazardous material from a site
that is not owned by that person, if all of the following apply:
(1) The person owns real property that is contiguous to, or
otherwise similarly situated with respect to, the site, and the real
property owned by that person is, or may be, contaminated by a
release or threatened release from the site.
(2) The person complies with the requirements set forth in clauses
(i) to (viii), inclusive, of subparagraph (A) of paragraph (1) of
subsection (q) of Section 107 of the federal act (42 U.S.C. Sec. 9607
(q)(1)(A)(i)-(viii)).
(d) The immunity provided by this section is in addition to, and
does not otherwise affect, any other immunity provided under state
law.
(e) This section does not exempt a person from liability for
bodily injury or wrongful death.