BILL NUMBER: SB 143	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cedillo

                        FEBRUARY 11, 2009

   An act to amend and renumber the heading of Article 2 (commencing
with Section 25395.115) of Chapter 6.83, and to repeal Article 8
(commencing with Section 25395.109) of Chapter 6.82, and Article 1
(commencing with Section 25395.110) of Chapter 6.83, of Division 20
of, the Health and Safety Code, relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 143, as introduced, Cedillo. Hazardous materials: California
Land Reuse and Revitalization Act of 2004.
   The California Land Reuse and Revitalization Act of 2004 provides,
among other things, that an innocent landowner, bona fide purchaser,
or contiguous property owner, as defined, qualifies for immunity
from liability from certain state laws for pollution conditions
caused by a release or threatened release of a hazardous material if
specified conditions are met. The act prohibits an agency, defined as
the Department of Toxic Substances Control, the State Water
Resources Control Board, or a California regional water quality
control board, from requiring one of those persons to take a response
action under certain state laws. The act also requires a bona fide
ground tenant, as defined, who seeks to qualify for immunity to make
all appropriate inquiries and enter into an agreement with an agency
along with one or more specified entities that agree to take
responsibility for implementation of a site assessment and response
plan. The act is repealed on January 1, 2010, unless a later enacted
statute deletes or extends that date.
   Existing law, which becomes operative on January 1, 2010, provides
for the continued immunity of a person subject to the act before its
repeal, after the repeal of the act, if the person continues to
comply with the repealed act.
   This bill would delete the repeal date of the act, thereby
continuing the act indefinitely. The bill also would repeal the
provisions providing for continued immunity after repeal of the act.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 8 (commencing with Section 25395.109) of
Chapter 6.82 of Division 20 of the Health and Safety Code is
repealed.
  SEC. 2.  Article 1 (commencing with Section 25395.110) of Chapter
6.83 of Division 20 of the Health and Safety Code is repealed.
  SEC. 3.  The heading of Article 2 (commencing with Section
25395.115) of Chapter 6.83 of Division 20 of the Health and Safety
Code is amended and renumbered to read:

      Article  2.   1.   Public Information