BILL NUMBER: SB 820	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2016

INTRODUCED BY   Senator Hertzberg

                        JANUARY 5, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 820, as amended, Hertzberg. 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 statutory and common laws for
pollution conditions caused by a release or threatened release of a
hazardous material if specified conditions are met, including
entering into an agreement for a specified site assessment and
response plan. The act prohibits 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, except as
specified. Existing law repeals the act on January 1, 2017. 
Existing law provides that a   person who qualifies for
immunity under the act before January 1, 2017, shall continue to have
that immunity on and after January 1, 2017, if the person continues
to be in compliance with the requirements of the former act.
   This bill would extend the  operation of the act
indefinitely,   repeal date of the act to January 1,
2027,  and would  make a conforming change. 
 provide that a person who qualifies for immunity under the act
before January 1, 2027, shall continue to have that immunity on and
after January 1, 2027, if the person continues to be in compliance
with th   e requirements of the   former 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.    Section 25395.109 of the  
Health and Safety Code   is amended to read: 
   25395.109.  This chapter shall remain in effect only until January
1,  2017,   2027,  and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2017,   2027,  deletes or
extends that date.
   SEC. 2.    Section 25395.110 of the   Health
and Safety Code   is amended to read: 
   25395.110.  (a) A person who, before January 1,  2017,
  2027,  qualifies for immunity pursuant to Chapter
6.82 (commencing with Section 25395.60), as that chapter read on
December 31,  2016,   2026,  shall continue
to have that immunity on and after January 1,  2017,
  2027,  if the person continues to be in
compliance with the requirements of former Chapter 6.82 (commencing
with Section 25395.60), including, but not limited to, compliance
with all response plans approved pursuant to Article 6 (commencing
with Section 25395.90) of former Chapter 6.82, and compliance with
all other applicable laws.
   (b) This article shall become operative January 1,  2017.
  2027.  
  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.