CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60. - 25395.109.]
Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1.
§§ 25395.60–25395.109 · 48 sections
ARTICLE 1. Legislative Findings and Intent §§ 25395.60–25395.62 · 3 sections
- § 25395.60 The Legislature finds and declares all of the following: (a) There are thousands of properties in the state where redevelopment has been hindered due to real…
- § 25395.61 It is the intent of the Legislature, in enacting this chapter, to do all of the following: (a) Establish the cleanup and reuse of these sites in a manner…
- § 25395.62 This chapter shall be known, and may be cited, as the “California Land Reuse and Revitalization Act of 2004.”
ARTICLE 2. Definitions §§ 25395.63–25395.79.2 · 19 sections
- § 25395.63 The definitions set forth in this article and in Article 6 (commencing with Section 25395.90) shall govern the interpretation of this chapter. If a term is not…
- § 25395.64 “Agency” means the department, the board, or a regional board.
- § 25395.65 “All appropriate inquiries” has the following meanings: (a) Except as provided in subdivision (c), until the date when the standards and practices established…
- § 25395.66 “Applicable law” means all of the provisions of the following state statutory and common laws that impose liability on an owner or occupant of property for…
- § 25395.67 “Appropriate care” means either of the following: (a) The performance of a response action, with respect to hazardous materials found at a site, for which the…
- § 25395.68 “Board” means the State Water Resources Control Board.
- § 25395.69 (a) “Bona fide purchaser” means a person, or a tenant of a person, who acquires ownership of a site on or after January 1, 2005, and who establishes all of the…
- § 25395.70 (a) “Contiguous property owner” means a person who owns a site that is adjacent to or otherwise similarly situated with respect to another site that is, or may…
- § 25395.71 “Department” means the Department of Toxic Substances Control.
- § 25395.72 “Endangerment” means a condition that poses an actual and unreasonable risk to human health and safety arising from actual or threatened exposure to hazardous…
- § 25395.73 “Fair market value” means the price a seller is willing to accept and a buyer willing to pay on the open market and in an arm’s length transaction.
- § 25395.74 “Hazardous material” has the same meaning as defined in subdivision (d) of Section 25260.
- § 25395.75 (a) “Innocent landowner” means a person who owns a site, did not cause or contribute to a release or threatened release at the site, meets the conditions to…
- § 25395.76 “Land use control” means a recorded instrument executed pursuant to Section 1471 of the Civil Code that restricts or imposes obligations on the present or…
- § 25395.77 “Passive migration” means the leaking, leaching or movement of a hazardous material into or through the environment, for which no human activity by the bona…
- § 25395.78 “Regional board” means a California regional water quality control board.
- § 25395.79 “Release” has the same meaning as defined in subdivision (a) of Section 78105.
- § 25395.79.1 “Response plan” means a written plan submitted to an agency pursuant to Section 25395.96.
- § 25395.79.2 (a) “Site” means real property located in an urban infill area for which the expansion, redevelopment, or reuse may be complicated by the presence or perceived…
ARTICLE 3. Liability §§ 25395.80–25395.86 · 7 sections
- § 25395.80 For purposes of this chapter, to qualify as a bona fide purchaser, innocent landowner, or contiguous property owner a person shall establish, by a…
- § 25395.81 (a) Except as provided in Section 25395.85, and except as otherwise provided under this section, a bona fide purchaser, innocent landowner, or contiguous…
- § 25395.82 (a) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on and after the date when the immunity specified in subdivision (c) of Section 25395.81…
- § 25395.83 (a) If there are unrecovered costs incurred by an agency at a site for which an owner of the site is not liable as an innocent landowner, bona fide purchaser,…
- § 25395.84 (a) A court of competent jurisdiction may award reasonable attorneys’ fees and experts’ fees to a person who initiates a claim under an applicable law for…
- § 25395.85 An innocent landowner, bona fide purchaser, contiguous landowner, or bona fide ground tenant, as defined in subdivision (b) of Section 25395.102, may seek…
- § 25395.86 (a) This chapter does not provide immunity from any of the following: (1) Liability for bodily injury or wrongful death. (2) Any requirement imposed under…
ARTICLE 5. Information and Reports § 25395.87 · 1 section
- § 25395.87 (a) On or before March 31, 2005, the California Environmental Protection Agency shall develop a form that, upon approval of a response plan, shall be completed…
ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements §§ 25395.90–25395.101 · 12 sections
- § 25395.90 (a) Except as otherwise expressly provided in this article, the definitions in Article 2 (commencing with Section 25395.63) apply to the terms used in this…
- § 25395.91 (a) Only the following are eligible to enter into an agreement pursuant to this article: (1) A bona fide purchaser, innocent landowner, or contiguous property…
- § 25395.92 (a) A bona fide purchaser, innocent landowner, or contiguous property owner who seeks to qualify for the immunity provided by this chapter shall enter into an…
- § 25395.93 (a) A person may withdraw from an agreement entered into pursuant to this article by providing a 30-day written notice to the agency and doing both of the…
- § 25395.94 (a) (1) A person who enters into an agreement pursuant to this article with an agency for the oversight of a site assessment shall submit a site assessment…
- § 25395.95 (a) After implementation of the site assessment plan, the person shall submit to the agency a report of the findings made pursuant to the plan. Based upon a…
- § 25395.96 (a) If, upon review of the site assessment prepared pursuant to this article, the agency determines that a response action is necessary to prevent or eliminate…
- § 25395.97 (a) Except as provided in Section 25395.99, the agency shall issue a certificate of completion upon determining that all response actions have been…
- § 25395.98 A person who acquires a property from an innocent landowner, bona fide purchaser, or contiguous property owner, and the property was previously issued a…
- § 25395.99 (a) A response plan may require the use of a land use control that imposes appropriate conditions, restrictions, and obligations on land use or activities, if,…
- § 25395.100 To the extent consistent with the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may exclude any…
- § 25395.101 (a) Except as expressly provided in this article, this article does not affect the authority of an agency to issue an order or take any other action under any…
ARTICLE 7. Bona Fide Ground Tenant Immunity §§ 25395.102–25395.106 · 5 sections
- § 25395.102 (a) Except as otherwise provided in this article, the definitions in Article 2 (commencing with Section 25395.63) and Article 6 (commencing with Section…
- § 25395.103 (a) A bona fide ground tenant who seeks to qualify for the immunity pursuant to Section 25395.104 shall make all appropriate inquiries, and shall enter into an…
- § 25395.104 (a) Except as otherwise provided in this section, a bona fide ground tenant shall qualify for the following immunities: (1) The bona fide ground tenant shall…
- § 25395.105 (a) Notwithstanding subdivision (b) of Section 25395.102, on and after the date when the immunity specified in Section 25395.104 attaches, a person shall…
- § 25395.106 (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…
ARTICLE 8. Repeal § 25395.109 · 1 section
- § 25395.109 This chapter shall remain in effect only until January 1, 2037, and as of that date is repealed, unless a later enacted statute, that is enacted before January…