{"code":"HSC","codeName":"Health and Safety Code","section":"25395.106","citation":"Health & Saf. Code, § 25395.106","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000. - 28002.]","url":"https://blackletter.si/health-and-safety-code/division-20"},{"name":"CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60. - 25395.109.]","url":"https://blackletter.si/health-and-safety-code/division-20/chapter-6.82"},{"name":"ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102. - 25395.106.]","url":"https://blackletter.si/health-and-safety-code/division-20/chapter-6.82/article-7"}],"history":"Added by Stats. 2006, Ch. 510, Sec. 4.   Effective January 1, 2007.   Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.","effective":"2007-01-01","html":"<p>(a) This article does not provide immunity from any of the following:</p><p>(1) Liability for bodily injury or wrongful death.</p><p>(2) A requirement imposed under Chapter 6.5 (commencing with Section <a href=\"/hsc/25100\">25100</a>), including, but not limited to, corrective action and closure and postclosure requirements.</p><p>(3) A criminal act.</p><p>(4) A permit violation.</p><p>(5) A contractual indemnity agreement between a purchaser and seller of real property.</p><p>(6) New releases, other than de minimis releases, of hazardous materials that are caused or contributed to by a bona fide ground tenant.</p><p>(b) This article does not limit the authority of an agency to conduct a response action that is necessary to protect public health and safety or the environment pursuant to an applicable statute.</p><p>(c) This article does not do either of the following:</p><p>(1) Limit a defense to liability that may be available to a person under any other provision of law.</p><p>(2) Impose a new obligation on a bona fide ground tenant other than those specifically assumed by the bona fide ground tenant under an agreement entered into pursuant to this article.</p>","text":"(a) This article does not provide immunity from any of the following: (1) Liability for bodily injury or wrongful death. (2) A requirement imposed under Chapter 6.5 (commencing with Section 25100), including, but not limited to, corrective action and closure and postclosure requirements. (3) A criminal act. (4) A permit violation. (5) A contractual indemnity agreement between a purchaser and seller of real property. (6) New releases, other than de minimis releases, of hazardous materials that are caused or contributed to by a bona fide ground tenant. (b) This article does not limit the authority of an agency to conduct a response action that is necessary to protect public health and safety or the environment pursuant to an applicable statute. (c) This article does not do either of the following: (1) Limit a defense to liability that may be available to a person under any other provision of law. (2) Impose a new obligation on a bona fide ground tenant other than those specifically assumed by the bona fide ground tenant under an agreement entered into pursuant to this article.","otherVersions":[],"url":"https://blackletter.si/health-and-safety-code/bona-fide-ground-tenant-immunity-25395-106","source":"California Legislative Information bulk export (pubinfo)"}