BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 143
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          Date of Hearing:   June 16, 2009

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                Wesley Chesbro, Chair
                    SB 143 (Cedillo) - As Amended:  April 23, 2009

           SENATE VOTE  :   39-0
           
          SUBJECT  :   Hazardous waste sites, brownfields.

           SUMMARY  :  Extends the sunset date of the California Land Reuse  
          and Revitalization Act of 2004 (CLRRA) from January 1, 2010 to  
          January 1, 2017, and would extend the provisions providing for  
          continued immunity after the CLRRA is repealed.

           EXISTING LAW  :

          The CLRRA, provides 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 conditions, including  
          the following:

          1)Participants agree to assess and cleanup the property as  
            necessary;

          2)Participants seeking to qualify for immunity must enter into  
            an agreement with an oversight agency;

          3)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.

          4)The CLRRA is repealed as of January 1, 2010, unless another  
            enacted statute deletes or extends that date.

           FISCAL EFFECT  :  According to the Senate Appropriations Committee  
          the Department of Toxic Substances Control (DTSC) is overseeing  
          cleanup of 16 sites under this program.  Under the voluntary  
          agreements between the state and affected parties, all state  
          costs are reimbursed.  The total reimbursement to the DTSC's  
          brownfield cleanup program, which includes this program among  
          others, is about $10 million per year.  The State Water  
          Resources Control Board is overseeing one site under the program  
          and its costs to continue the program are minor and fully  








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          reimbursed.

           COMMENTS  :

           1)Purpose of Bill  :  SB 143 would add 7 years to the current  
            sunset on the California Land Reuse and Revitalization Act,  
            expedite cleanup and provide liability protection to  
            purchasers of property that did not cause contamination, and  
            to encourage the acquisition and reuse of environmentally  
            impaired properties.

           2)Background  .  The original purpose of CLRRA (the statute for  
            which this measure seeks to eliminate the sunset) was stated  
            as follows "The underutilization of brownfield sites in the  
            state results in environmental, social, and economic  
            detriments to the state and citizen? The estimated 120,000  
            brownfield sites in California represent an opportunity for  
            the development of housing, parks and mixed use developments."

            Brownfields remain a continuing problem in California and  
            nationwide.  Those properties represent abandoned, idled, or  
            under-used sites formerly utilized for industrial or  
            commercial purposes, resulting in perceived or actual  
            contamination that deters redevelopment of the site.  As clean  
            up costs can be expensive, especially when uncovering  
            unexpected hazardous materials during the cleaning of the  
            site, many of the sites remain vacant for many years.

            The California Environmental Protection Agency (CalEPA)  
            states:  "CalEPA's regulatory boards and departments play an  
            essential role in cleaning up contaminated sites to protect  
            public health and the environment.  However, with an estimated  
            90,000 properties in California that remain idle or  
            underutilized because of real or perceived environmental  
            contamination, it is clear that sufficient public resources  
            could never be allocated to accomplish this goal.   
            California's brownfields will not be restored to productive  
            use without significant participation by the private sector.   
            Discovering mutually beneficial ways to involve investors in  
            the future of these polluted properties is crucial."

           Double Referral to Assembly Judiciary Committee  .  If this  
          measure is approved by this committee, the do pass motion must  
          include the action to re-refer the bill to the Assembly  
          Judiciary Committee.








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           REGISTERED SUPPORT / OPPOSITION  :

           Support
           
          American Federation of State, County and Municipal Employees  
                         (AFSCME), AFL-CIO
          California Major Builders Council
          California Redevelopment Association

           Opposition
           
          None on file.


           Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965