DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000. - 81050.]

Division 45 added by Stats. 2022, Ch. 257, Sec. 2.

§§ 78000–81050 · 371 sections

PART 1. GENERAL PROVISIONS [RESERVED]
PART 2. HAZARDOUS SUBSTANCE ACCOUNT §§ 78000–81050 · 371 sections
1. CHAPTER 1. General Provisions §§ 78000–78185 · 37 sections
  1. ARTICLE 1. Preliminary Provisions §§ 78000–78005 · 2 sections
    § 78000 (a) This part shall be known and may be cited as the Carpenter-Presley-Tanner Hazardous Substance Account Act. (b) This part recodifies the provisions of…
    § 78005 It is the intent of the Legislature to do all of the following: (a) Establish a program to provide for response authority for releases of hazardous substances,…
  2. ARTICLE 2. Effect of Recodification §§ 78010–78030 · 5 sections
    § 78010 Nothing in the Hazardous Substance Account Recodification Act is intended to substantively change the law contained in former Chapter 6.8 (commencing with…
    § 78015 (a) A provision of this part, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be…
    § 78020 (a) A judicial decision interpreting a previously existing provision is relevant in interpreting any provision of this part that restates and continues that…
    § 78025 (a) A judicial decision on the constitutionality of a previously existing provision is relevant in determining the constitutionality of any provision of this…
    § 78030 (a) The department or another state agency may make a conforming rule change without complying with the rulemaking procedure specified in Article 5 (commencing…
  3. ARTICLE 3. Definitions §§ 78035–78170 · 29 sections
    § 78035 The definitions set forth in this article govern the interpretation of this part. Unless the context requires otherwise and except as provided in this article,…
    § 78040 “Agency” means the California Environmental Protection Agency.
    § 78045 “Contract competitor” means any person competing for a state contract pursuant to subdivision (a) of Section 78655.
    § 78050 “Department” means the Department of Toxic Substances Control.
    § 78055 “Director” means the Director of Toxic Substances Control.
    § 78060 “Feasibility study” means the identification and evaluation of technically feasible and effective remedial action alternatives to protect public health and the…
    § 78065 “Federal act” means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
    § 78070 “Federally permitted release” has the same meaning as defined in Section 101(10) of the federal act (42 U.S.C. Sec. 9601(10)).
    § 78075 (a) “Hazardous substance” means: (1) Any substance designated pursuant to Section 1321(b)(2)(A) of Title 33 of the United States Code. (2) Any element,…
    § 78080 “Operation and maintenance” means those activities initiated or continued at a hazardous substance release site following completion of a response action that…
    § 78085 “Person” means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation,…
    § 78090 “Phase I environmental assessment” means a preliminary assessment of a property to determine whether there has been, or may have been, a release of a hazardous…
    § 78095 “Preliminary endangerment assessment” means an activity that is performed to determine whether current or past hazardous substance management practices have…
    § 78100 “Regional board” means a California regional water quality control board.
    § 78105 (a) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the…
    § 78110 A “release authorized or permitted pursuant to state law” means any release into the environment that is authorized by statute, ordinance, regulation, or rule…
    § 78115 “Remedial design” means the detailed engineering plan to implement the remedial action alternative or initial remedial measure approved by the department.
    § 78120 “Remedial investigation” means those actions deemed necessary by the department to determine the full extent of a hazardous substance release at a site,…
    § 78125 “Remedy” or “remedial action” includes all of the following: (a) Those actions that are consistent with a permanent remedy, that are taken instead of, or in…
    § 78130 “Removal action work plan” means a work plan prepared or approved by the department or a regional board that is developed to carry out a removal action, in an…
    § 78135 “Remove” or “removal” includes the cleanup or removal of released hazardous substances from the environment or the taking of other actions as may be necessary…
    § 78140 “Response,” “respond,” or “response action” have the same meanings as defined in Section 101(25) of the federal act (42 U.S.C. Sec. 9601(25)). The enforcement…
    § 78145 (a) (1) “Responsible party” or “liable person,” for the purposes of this part, means those persons described in Section 107(a) of the federal act (42 U.S.C.…
    § 78150 “Secretary” means the Secretary for Environmental Protection.
    § 78155 “Site” has the same meaning as the term “facility” is defined by Section 101(9) of the federal act (42 U.S.C. Sec. 9601(9)).
    § 78160 “Site cleanup evaluation” means an evaluation by the department of the effectiveness of a removal or remedial action conducted by a responsible party, to…
    § 78165 “State account” means the Toxic Substances Control Account established pursuant to Section 25173.6.
    § 78168 “State board” means the State Water Resources Control Board.
    § 78170 “Tier” means a grouping of hazardous substance release sites that require removal and remedial actions, that are listed alphabetically, and that are of a…
  4. ARTICLE 4. Construction of Part § 78185 · 1 section
    § 78185 (a) This part shall not be construed as imposing any new liability associated with acts that occurred on or before January 1, 1982, if the acts were not in…
2. CHAPTER 2. Financial Provisions §§ 78200–78370 · 26 sections
  1. ARTICLE 1. Budget § 78200 · 1 section
    § 78200 The Director of Finance shall schedule in the annual proposed budget the projects proposed in any fiscal year, that will incur direct costs for removal and…
  2. ARTICLE 2. Externally-Funded Positions § 78210 · 1 section
    § 78210 (a) For the purposes of this section, an “externally-funded position” means either of the following: (1) A direct or indirect position that provides oversight…
  3. ARTICLE 3. State Account §§ 78220–78240 · 5 sections
    § 78220 The state account may sue and be sued in its own name.
    § 78225 Expenditures from the state account shall not be made in excess of the total amount of money in the state account at any one time. Expenditures in excess of…
    § 78230 (a) Notwithstanding any other provision of law, the Controller shall establish a separate subaccount in the state account, for any funds received from a…
    § 78235 (a) The Controller shall establish a separate subaccount for site operation and maintenance in the state account. All of the following amounts shall be…
    § 78240 (a) There is hereby continuously appropriated from the state account to the department the sum of one million dollars ($1,000,000) for each fiscal year as a…
  4. ARTICLE 4. Site Remediation Account §§ 78260–78265 · 2 sections
    § 78260 (a) There is in the General Fund the Site Remediation Account, which shall be administered by the director. The account shall be funded by money transferred…
    § 78265 Funds in the Site Remediation Account appropriated for removal or remedial action pursuant to this part are available for encumbrance for three fiscal years…
  5. ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 §§ 78280–78345 · 14 sections
    § 78280 This article shall be known and may be cited as the Johnston-Filante Hazardous Substance Cleanup Bond Act of 1984.
    § 78285 For purposes of this article, and for purposes of Section 16722 of the Government Code as applied to this article, the following definitions apply: (a) “Board”…
    § 78290 The State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) is adopted for the…
    § 78295 The Hazardous Substance Cleanup Committee, which is hereby created, shall consist of the Governor, the Director of Finance, the Treasurer, the Controller, and…
    § 78300 The committee may create debts or liabilities of the State of California, in the aggregate of one hundred million dollars ($100,000,000), in the manner…
    § 78305 (a) The moneys in the state account that are the proceeds of bonds issued and sold pursuant to this article may be used, upon appropriation by the Legislature,…
    § 78310 (a) All bonds authorized by this article, which are sold and delivered as provided in this article, constitute valid and legally binding general obligations of…
    § 78315 Notwithstanding Section 78345, the money deposited in the fund is available for transfer to the General Fund if money was deposited in the fund pursuant to any…
    § 78320 There is hereby appropriated from the General Fund in the State Treasury, for the purpose of this article, an amount equal to the sum of all of the following:…
    § 78325 (a) For the purpose of carrying out this article, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of amounts…
    § 78330 Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of…
    § 78335 Upon the request of the board, and supported by a statement of the proposed actions to be taken pursuant to Section 78305, the committee shall determine…
    § 78340 The committee may authorize the Treasurer to sell all, or any part of, the bonds authorized under this article at the time or times as may be fixed by the…
    § 78345 Except as provided in Section 78315, all proceeds from the sale of bonds, except those derived from premiums and accrued interest, are available for the…
  6. ARTICLE 6. Revolving Loans Fund §§ 78360–78365 · 2 sections
    § 78360 Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Brownfield site” has the same meaning as defined…
    § 78365 (a) The Revolving Loans Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be…
  7. ARTICLE 7. Illegal Drug Lab Cleanup Account § 78370 · 1 section
    § 78370 The Illegal Drug Lab Cleanup Account is hereby created in the General Fund and the department may expend any money in the account, upon appropriation by the…
3. CHAPTER 3. General Powers and Duties §§ 78400–78620 · 35 sections
  1. ARTICLE 1. Regulatory Authority § 78400 · 1 section
    § 78400 The department shall adopt any regulations necessary to carry out its responsibilities pursuant to this part, including, but not limited to, regulations…
  2. ARTICLE 2. Federal Assistance § 78410 · 1 section
    § 78410 The state shall actively seek to obtain all federal funds to which it is entitled under the federal act and shall take all actions necessary to enter into…
  3. ARTICLE 3. Public Outreach § 78420 · 1 section
    § 78420 (a) The department and the state board shall establish two community service offices, one to serve northern California and the other to serve southern…
  4. ARTICLE 4. Investigatory Powers §§ 78435–78470 · 8 sections
    § 78435 The department, a representative of the department, or any person designated by the director may take the actions specified in this article only if there is a…
    § 78440 (a) Any officer or employee of the department, a representative of the director, or a person designated by the director may require any person who has or may…
    § 78445 (a) The department may disclose information submitted pursuant to this article to authorized representatives, contractors, or other governmental agencies only…
    § 78450 (a) Any officer or employee of the department, representative of the director, or person designated by the director may, in accordance with Section 78455,…
    § 78455 If the owner or the owner’s authorized representative does not voluntarily grant access to a place, establishment, or property pursuant to this article, the…
    § 78460 The department, and any person authorized by the department to enter upon any lands for the purpose of taking a response action pursuant to this part, shall…
    § 78465 If a person intentionally or negligently fails to furnish and transmit to any officer or employee of the department, a representative of the director, or a…
    § 78470 Any person who commits any of the following acts shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each separate…
  5. ARTICLE 5. Protection of Trade Secrets §§ 78480–78495 · 4 sections
    § 78480 “Trade secrets,” as used in this article, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure,…
    § 78485 Any person providing information pursuant to subdivision (a) of Section 78440 shall, at the time of its submission, identify all information that the person…
    § 78490 The department shall establish procedures to ensure that trade secret information is utilized by the department only in connection with the responsibilities of…
    § 78495 Any person who knowingly and willfully disseminates information protected by this article or procedures established by the department pursuant to Section 78490…
  6. ARTICLE 6. Abandoned Sites § 78505 · 1 section
    § 78505 (a) The director shall notify, within 20 working days, each of the appropriate county health officers as to all the potential abandoned sites of which the…
  7. ARTICLE 7. Laboratories § 78510 · 1 section
    § 78510 The analysis of any material that is required to demonstrate compliance with this part shall be performed by a laboratory accredited by the state board…
  8. ARTICLE 8. Technology Demonstration Program §§ 78525–78565 · 9 sections
    § 78525 Notwithstanding Section 79055, the department shall carry out a program of full-scale demonstrations to evaluate treatment technologies that can be safely…
    § 78530 For the purposes of this article, the following definitions apply: (a) “Treatment technologies” means methods, techniques, or processes, including proprietary…
    § 78535 The department shall select technology demonstration projects to be evaluated pursuant to this article using criteria that include, at a minimum, all of the…
    § 78540 The department shall identify hazardous substance release sites, listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4, that are…
    § 78545 (a) The department shall annually, on or before July 1, publish a solicitation for proposals to conduct treatment demonstration projects that utilize…
    § 78550 (a) On or before January 1, after reviewing all proposals submitted pursuant to Section 78545, the department shall annually select at least two treatment…
    § 78555 Notwithstanding Section 79650, if the department determines that using an alternative treatment technology to conduct a removal or remedial action at a…
    § 78560 (a) The department shall conduct a technology transfer program that shall include the development, collection, evaluation, coordination, and dissemination of…
    § 78565 Notwithstanding subdivision (e) of Section 79205, when preparing or approving a remedial action plan for a site listed pursuant to Section 78760, that has been…
  9. ARTICLE 9. Content of Biennial Report §§ 78575–78580 · 2 sections
    § 78575 (a) The department shall report to the Governor and the Legislature on the progress of the cleanup of the San Gabriel Valley groundwater sites in the County of…
    § 78580 The department shall include in the biennial report specified in Section 25178 an accounting of the moneys expended pursuant to Section 78875.
  10. ARTICLE 10. Contracting §§ 78590–78620 · 7 sections
    § 78590 For purposes of this article, the following definitions shall apply: (a) “Firm” means any individual, firm, partnership, corporation, association, or other…
    § 78595 Notwithstanding Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, the department may advertise and award a contract,…
    § 78600 The department may establish prequalified lists of professional service firms in accordance with the following process: (a) For each type of professional…
    § 78605 (a) During the term of the prequalified list, as specific projects are identified by the department as being eligible for contracting under the procedures…
    § 78610 The department may adopt guidelines or regulations as necessary and consistent with this article, to define the manner of advertising, generic project…
    § 78615 Any removal or remedial action taken or contracted by the department pursuant to Section 78870 or 78875 is exempt from this article.
    § 78620 This article does not exempt any contract from compliance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the…
4. CHAPTER 4. Releases of Hazardous Substances §§ 78650–78795 · 21 sections
  1. ARTICLE 1. General Powers of Director §§ 78650–78665 · 4 sections
    § 78650 When the director determines that a release of a hazardous substance has occurred or is about to occur, the director may do any or all of the following: (a)…
    § 78655 (a) Whenever there is a release or threatened release of a hazardous substance into the environment, the director may take or contract for any necessary…
    § 78660 (a) Whenever there is a release or threatened release of a hazardous substance, the director may request the Attorney General to secure relief as may be…
    § 78665 Any person who refuses or prevents, without sufficient cause, any activity authorized pursuant to this article or Section 78870 shall be liable for a civil…
  2. ARTICLE 2. Reporting Requirement §§ 78675–78680 · 2 sections
    § 78675 (a) A person shall not release, or allow or cause a release of, a reportable quantity of a hazardous substance into the environment that is not authorized or…
    § 78680 (a) The owner of property on which a reportable release has occurred and any person who releases, or causes a reportable release and who fails to make the…
  3. ARTICLE 3. Disclosure Requirement §§ 78700–78705 · 2 sections
    § 78700 Any owner of nonresidential real property who knows, or has reasonable cause to believe, that any release of hazardous substance has come to be located on or…
    § 78705 Any lessee or renter of real property who knows or has reasonable cause to believe that any release of a hazardous substance has come or will come to be…
  4. ARTICLE 4. Securing Site of Release §§ 78720–78740 · 5 sections
    § 78720 After making a determination, based upon a preliminary site assessment that there has been a release of a hazardous substance on, under, or into the land on a…
    § 78725 (a) The order to secure the site shall require, within five days after receiving notification of the order, the posting of the site with signs. The order shall…
    § 78730 The department or the county health officer shall advise other agencies on the public health risks and the need for fencing and posting of sites when those…
    § 78735 (a) A property owner who fails to comply with an order of the department or the county health officer is subject to a civil penalty of up to twenty-five…
    § 78740 The remedies and penalties specified in this article and Section 78505 are in addition to, and do not affect, any other remedies, enforcement actions,…
  5. ARTICLE 5. Listing of Hazardous Substance Release Sites §§ 78760–78795 · 8 sections
    § 78760 (a) The department shall publish and revise, at least annually, a listing of the hazardous substance release sites selected for, and subject to, a response…
    § 78765 (a) The department shall adopt, by regulation, criteria for the selection of hazardous substance release sites for a response action under this part. The…
    § 78770 The department shall assign each site listed pursuant to Section 78760 to one of the following priority tiers for the purpose of informing the public of the…
    § 78775 Hazardous substance release sites listed by the department pursuant to Section 78760 are subject to this part and all actions carried out in response to…
    § 78780 (a) Except as provided in subdivision (b), the department shall expend all funds appropriated to the department for any response action pursuant to this part,…
    § 78785 This article does not require the department to characterize every site listed pursuant to Section 78760 before the department begins response actions at those…
    § 78790 The department, or, if appropriate, the regional board, is the state agency with sole responsibility for ensuring that required action in response to a…
    § 78795 (a) The adoption of the minimum hazard threshold pursuant to subdivision (b) of Section 78765, the department’s development and publication of the list of…
5. CHAPTER 5. Cleanup of Hazardous Substance Releases §§ 78850–79400 · 76 sections
  1. ARTICLE 1. General Provisions §§ 78850–78860 · 3 sections
    § 78850 The Governor is responsible for the coordination of all state response actions for sites identified in Article 5 (commencing with Section 78760) of Chapter 4…
    § 78855 (a) For response actions taken pursuant to the federal act, only those costs for actions that are consistent with the priorities, guidelines, criteria, and…
    § 78860 No response actions taken pursuant to this part by the department or regional or local agencies shall duplicate federal response actions.
  2. ARTICLE 2. Rules for Specified Circumstances §§ 78870–78885 · 4 sections
    § 78870 Whenever the director determines that there may be an imminent or substantial endangerment to the public health or welfare or to the environment, because of a…
    § 78875 (a) The department shall expend moneys available in the reserve account, established pursuant to subdivision (a) of Section 78240, only for the purpose of…
    § 78880 Any removal or remedial action taken or contracted by the department pursuant to Section 78870 or 78875 shall be exempt from all of the following provisions:…
    § 78885 (a) The department may prequalify bidders for remedial or removal actions taken pursuant to Section 78870 or 78875. The department may reject the bid of any…
  3. ARTICLE 2.5. Department Obligations §§ 78890–78895 · 2 sections
    § 78890 For contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this part or Chapter 6.5…
    § 78895 For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this part or Chapter 6.5 (commencing…
  4. ARTICLE 3. Referral of Site to Department by State or Regional Board §§ 78900–78910 · 3 sections
    § 78900 The state board or a regional board that has jurisdiction over a hazardous substance release site pursuant to Division 7 (commencing with Section 13000) of the…
    § 78905 If a hazardous substance release site is referred to the department and is listed pursuant to Section 78900, the department may expend money from the state…
    § 78910 (a) If a hazardous substance release site is referred to the department pursuant to Section 78900, and the department makes either of the following…
  5. ARTICLE 4. Public Participation §§ 78925–78935 · 3 sections
    § 78925 With regard to sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 where the department or regional board is taking action to…
    § 78930 (a) The department or the regional board, as appropriate, shall take the actions specified in this section to provide an opportunity for meaningful public…
    § 78935 The department or regional board shall advise local environmental regulatory agencies and other appropriate local agencies of planned response actions and…
  6. ARTICLE 5. Community Advisory Groups §§ 78950–78975 · 6 sections
    § 78950 (a) At each site, a community advisory group may be established by the affected community to review any response action and comment on the response action to…
    § 78955 To the extent possible, the composition of each community advisory group shall reflect the composition of the affected community and the diversity of interests…
    § 78960 The department or regional board shall regularly communicate, and confer as appropriate, with the community advisory group.
    § 78965 The following entities may participate in community advisory group meetings in order to provide information and technical expertise: (a) The department or…
    § 78970 (a) The existence of a community advisory group shall not diminish any other obligation of the department or regional board with respect to public…
    § 78975 A community advisory group established pursuant to Section 78950 may request, in writing, and a potentially responsible party may fund, a technical assistance…
  7. ARTICLE 6. Oversight and Review of Responsible Party Actions §§ 79000–79005 · 2 sections
    § 79000 The department and the state board concurrently shall establish policies and procedures consistent with this part that the department’s representatives shall…
    § 79005 (a) Notwithstanding paragraph (1) of subdivision (b) of Section 78075, any person may voluntarily enter into an enforceable agreement with the department…
  8. ARTICLE 7. Orders to Potentially Responsible Parties §§ 79020–79035 · 4 sections
    § 79020 In exercising its authority at a hazardous substance release site pursuant to Section 78870 or 79055, the department shall issue orders to the largest…
    § 79025 The department shall schedule a meeting pursuant to Section 25269.5 and notify all identified potentially responsible parties of the date, time, and location…
    § 79030 (a) A person issued an order pursuant to Section 78870 or 79055 may identify additional potentially responsible parties for the site to which the order is…
    § 79035 Any determination made by the department regarding the largest manageable number of potentially responsible parties or the identification of other persons as…
  9. ARTICLE 8. Expenditures §§ 79055–79075 · 5 sections
    § 79055 (a) Except as provided in Sections 79060 and 79065, no money shall be expended from the state account for removal or remedial actions on any site selected for…
    § 79060 Section 79055 does not apply, and money from the state account shall be available, upon appropriation by the Legislature, for removal or remedial actions, if…
    § 79065 (a) Notwithstanding Section 79055, the department may expend funds, upon appropriation by the Legislature, from the state account to conduct activities…
    § 79070 (a) Except as provided in subdivision (b), the department may not expend funds from the state account for a removal or remedial action with respect to a…
    § 79075 The department may not expend funds from the state account for the purposes specified in Section 79450 where the injury, degradation, destruction, or loss to…
  10. ARTICLE 9. Preliminary Endangerment Assessment §§ 79100–79105 · 2 sections
    § 79100 (a) The department shall not agree to oversee the preparation of, or to review, a preliminary endangerment assessment for property if action is, or may be,…
    § 79105 (a) Except as provided in subdivisions (b) and (c), any potentially responsible party at a site, or any person who has notified the department of that person’s…
  11. ARTICLE 10. Initiation of Removal or Remedial Actions §§ 79130–79135 · 2 sections
    § 79130 (a) The director may initiate removal or remedial action pursuant to this part unless these actions have been taken, or are being taken properly and in a…
    § 79135 (a) At least 30 days before initiating removal or remedial actions, the department shall make a reasonable effort to notify the persons identified by the…
  12. ARTICLE 10.5. Local Government Removal or Remedial Actions §§ 79160–79175 · 4 sections
    § 79160 A city or county may initiate a removal or remedial action for a site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 in accordance…
    § 79165 If the director approves the request of the city or county to initiate a removal or remedial action and a final remedial action plan has been issued pursuant…
    § 79170 Upon reimbursing a city or county for the costs of a removal or remedial action, the department shall recover these costs pursuant to Section 79650.
    § 79175 (a) In order for a city or county to be reimbursed for the costs of a removal or remedial action incurred by the city or county from the state account, the…
  13. ARTICLE 11. Financial Assurances §§ 79180–79190 · 6 sections
    § 79180 The department shall require a responsible party who is required to undertake corrective action obligations pursuant to a determination issued pursuant to…
    § 79182 (a) When submitting a feasibility study, a responsible party shall include a cost estimate for the response action. (b) The responsible party shall demonstrate…
    § 79184 (a) If the source of the release is regulated by the department pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20, the…
    § 79186 A responsible party may satisfy the requirements of this article by demonstrating to the department that it has provided financial assurance for corrective…
    § 79188 For sites for which sole jurisdiction has been granted pursuant to subdivision (b) of Section 25204.6, the department shall not require additional financial…
    § 79190 The department’s duties to implement this article are contingent upon an appropriation by the Legislature for purposes of implementing the requirements of this…
  14. ARTICLE 12. Planning §§ 79195–79240 · 10 sections
    § 79195 Except as provided in Sections 79225 and 79230, the department, or, if appropriate, the regional board, shall prepare or approve remedial action plans for the…
    § 79200 (a) A potentially responsible party may request the department or the regional board, when appropriate, to prepare or approve a remedial action plan for a site…
    § 79205 All remedial action plans prepared or approved pursuant to this article shall be based upon Sections 78855 and 78860 and Subpart E of the National Oil and…
    § 79210 A remedial action plan prepared pursuant to this article shall include the basis for the remedial action selected and shall include an evaluation of each…
    § 79215 (a) Before adopting a final remedial action plan, the department or the regional board shall prepare or approve a draft remedial action plan and shall do all…
    § 79220 (a) (1) A potentially responsible party named in the final remedial action plan issued by the department or the regional board may seek judicial review of the…
    § 79225 (a) This article does not require the department or a regional board to prepare a remedial action plan if conditions present at a site present an imminent or…
    § 79230 The department may waive the requirement that a remedial action plan meet the requirements specified in Section 79205 if all of the following apply: (a) The…
    § 79235 For purposes of this article, the cost of a removal action includes the cleanup or removal of released hazardous substances from the environment or the taking…
    § 79240 Article 2 (commencing with Section 13320), Article 3 (commencing with Section 13330), Article 5 (commencing with Section 13350), and Article 6 (commencing with…
  15. ARTICLE 13. Standards §§ 79260–79275 · 4 sections
    § 79260 Any response action taken or approved pursuant to this part shall be based upon, and no less stringent than, all of the following requirements: (a) The…
    § 79265 (a) Any health or ecological risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall be based upon Subpart…
    § 79270 If currently available scientific data are insufficient to determine the level of a hazardous substance at which no known or anticipated adverse effects on…
    § 79275 (a) The exposure assessment of any risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall include the…
  16. ARTICLE 14. Onsite Hazardous Waste Facility for Response Action §§ 79290–79295 · 2 sections
    § 79290 To the extent consistent with the federal Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may exclude…
    § 79295 (a) The department may enforce in the court for the county in which a response action exempted pursuant to Section 79290 is located any federal or state law,…
  17. ARTICLE 15. Operation and Maintenance §§ 79310–79330 · 5 sections
    § 79310 For purposes of this article, “small business” is a business that meets the requirements set forth in subdivision (d) of Section 14837 of the Government Code.
    § 79315 Except as provided in subdivision (a) of Section 79325, the department or the regional board shall require any responsible party who is required to comply with…
    § 79320 (a) For purposes of Section 79315, the responsible party shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in…
    § 79325 (a) The department or the regional board shall waive the financial assurance required by Section 79315 if the department or the regional board makes one of the…
    § 79330 On or before January 15, 2001, the department shall report to the Legislature all of the following: (a) The number of requests the department and the regional…
  18. ARTICLE 16. Illegal Drug Lab Cleanup §§ 79350–79385 · 8 sections
    § 79350 (a) The department may expend funds appropriated from the Illegal Drug Lab Cleanup Account created pursuant to Section 78370 to pay the costs of removal…
    § 79355 A state or local law enforcement officer or investigator or other law enforcement agency employee who, in the course of an official investigation or…
    § 79360 Notwithstanding any other provision of law, upon receipt of a notification pursuant to Section 79355, the department shall take removal action, as necessary,…
    § 79365 The department shall, as soon as the information is available, report the location of a removal action that will be carried out pursuant to Section 79360, and…
    § 79370 (a) For purposes of Chapter 6.5 (commencing with Section 25100) of Division 20, Chapter 6.9.1 (commencing with Section 25400.10) of Division 20, or this part,…
    § 79375 The department may adopt regulations to implement this article in consultation with appropriate law enforcement and local environmental agencies.
    § 79380 (a) The department shall develop sampling and analytical methods for the collection of methamphetamine residue. (b) The department shall, to the extent funding…
    § 79385 The responsibilities assigned to the department by this article apply only to the extent that sufficient funding is made available for that purpose.
  19. ARTICLE 17. Judicial Review of Response Actions § 79400 · 1 section
    § 79400 (a) In any judicial action under this part, judicial review of any issues concerning the adequacy of any response action taken or ordered by the department…
6. CHAPTER 6. Site-Specific Rules Related to Cleanup §§ 79450–79495 · 4 sections
  1. ARTICLE 1. Financial Provisions § 79450 · 1 section
    § 79450 (a) Money deposited in the state account may also be appropriated by the Legislature to the department on a specific site basis for the following purposes: (1)…
  2. ARTICLE 2. Santa Susana Field Laboratory § 79465 · 1 section
    § 79465 (a) Notwithstanding paragraph (1) of subdivision (b) of Section 25187 of the Health and Safety Code , the department may use any legal remedies available…
  3. ARTICLE 3. Stringfellow Quarry Class I Hazardous Waste Disposal Site §§ 79490–79495 · 2 sections
    § 79490 (a) Any treatment, storage, transfer, or disposal facility built on the Stringfellow Quarry Class I Hazardous Waste Disposal Site, that was built for the…
    § 79495 Notwithstanding any other provision of law, including, but not limited to, Article 5 (commencing with Section 78760) of Chapter 4, the department shall place…
7. CHAPTER 7. Enforcement §§ 79550–79600 · 7 sections
  1. ARTICLE 1. Noncompliance with Order §§ 79550–79555 · 2 sections
    § 79550 Any person subject to a removal or remedial action order or other order issued pursuant to Section 78660, 78870, or 79055 who does not comply with that order…
    § 79555 (a) (1) A responsible party who has entered into an agreement with the department and is in compliance with the terms of that agreement, or who is in…
  2. ARTICLE 2. Response Actions § 79570 · 1 section
    § 79570 (a) Any person who is liable for a release, or threat of a release, of hazardous substances and who fails, without sufficient cause, as determined by the…
  3. ARTICLE 3. Natural Resources Damages § 79580 · 1 section
    § 79580 There shall be no recovery of punitive damages under Section 79570 for an injury to or loss of natural resources that occurred wholly before September 25,…
  4. ARTICLE 4. Administrative Process for Penalty Collection §§ 79590–79600 · 3 sections
    § 79590 (a) (1) The department may issue a complaint to any person subject to a penalty pursuant to Sections 78680 and 79550. (2) The complaint shall allege the acts…
    § 79595 (a) Any hearing required under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2…
    § 79600 All penalties collected under this article and Section 79550 shall be deposited in the state account and shall be available for expenditure by the department…
8. CHAPTER 8. Cost Recovery §§ 79650–79955 · 45 sections
  1. ARTICLE 1. General Provisions §§ 79650–79670 · 5 sections
    § 79650 (a) A cost incurred by the department or regional board in carrying out or overseeing a response or a corrective action under this part or Chapter 6.5…
    § 79655 (a) (1) Until June 30, 2021, except as provided in subdivision (b), a monetary obligation to the department pursuant to this part or Chapter 6.5 (commencing…
    § 79660 The entry of judgment against any party to the action shall not be deemed to bar any future action by the state account against any person who is later…
    § 79665 The standard of liability for costs recoverable pursuant to this part is strict liability.
    § 79670 (a) A person who has incurred response or corrective action costs in accordance with this part, Chapter 6.5 (commencing with Section 25100) of Division 20, or…
  2. ARTICLE 2. Recovery of Specific Costs or Funds §§ 79680–79690 · 3 sections
    § 79680 Notwithstanding any provision of Section 78165, any costs incurred and payable from the Hazardous Substance Account, the Hazardous Waste Control Account, or…
    § 79685 Notwithstanding Section 78850, the Governor, or the authorized representative of the state, shall act on behalf of the public as trustee of the natural…
    § 79690 The department shall recover any funds expended pursuant to subdivision (a) or (b) of Section 79070 to the maximum possible extent pursuant to Section 79650.
  3. ARTICLE 3. Parties §§ 79700–79710 · 3 sections
    § 79700 The state account shall be a party in any action for recovery of costs or expenditures under this part incurred from the state account.
    § 79705 (a) In the event a district attorney, county counsel, or a city attorney has brought an action for civil or criminal penalties pursuant to Chapter 6.5…
    § 79710 Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures of the type…
  4. ARTICLE 4. Timing §§ 79725–79745 · 5 sections
    § 79725 An action may be commenced under Section 79650 or 79685 at any time prior to expiration of the applicable limitations period provided for by this article.
    § 79730 (a) (1) Except as provided in paragraph (2) and subdivision (b), an action under Section 79650 for the recovery of costs incurred by the department or a…
    § 79735 An action under Section 79685 for costs incurred by the department for the purposes specified in Section 79450 shall be commenced within three years after…
    § 79740 (a) (1) In an action described in Section 79730 or 79735 for recovery of response or corrective action costs, oversight costs, or damages, where the court has…
    § 79745 This article does not apply to a cost recovery action brought by a regional board under the Water Code.
  5. ARTICLE 5. Scope of Liability §§ 79760–79765 · 2 sections
    § 79760 (a) Except as provided in Section 79765, a party found liable for costs recoverable under this part who establishes by a preponderance of the evidence that…
    § 79765 Notwithstanding this part, a response action contractor who is found liable for any costs recoverable under this part and who establishes by a preponderance of…
  6. ARTICLE 6. Liability of Residential Property Owner §§ 79780–79800 · 5 sections
    § 79780 For purposes of this article, the following definitions apply: (a) “Owner” means either (1) the owner of property who occupies a single-family residence or…
    § 79785 Notwithstanding any other provision of this part, this article governs liability pursuant to this part for an owner of property.
    § 79790 (a) Notwithstanding any other provision of this part, an owner of property that is the site of a hazardous substance release is presumed to have no liability…
    § 79795 An action for recovery of costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release may not be…
    § 79800 In an action brought against an owner of property to recover costs or expenditures incurred from the state account pursuant to this part in response to a…
  7. ARTICLE 7. Liability of Easement Holder or Special District §§ 79810–79825 · 4 sections
    § 79810 For the purposes of this article, the following terms have the following meaning: (a) “Easement” means a conservation easement, as defined in Section 815.1 of…
    § 79815 (a) Notwithstanding any other provision of this part, this article governs liability pursuant to this part for an owner of property. (b) This article is…
    § 79820 (a) Notwithstanding any other provision of this part, if an environmental assessment of property discovers no evidence of the presence or likely presence of a…
    § 79825 An action for recovery of costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release shall not be…
  8. ARTICLE 8. Liability of Operator for Household Hazardous Waste or Used Oil Collection Program §§ 79840–79850 · 3 sections
    § 79840 For purposes of this article, “household hazardous waste collection program” means a program or facility, specified in Section 25218.1, in which hazardous…
    § 79845 A public agency operating a household hazardous waste collection program or a person operating a household hazardous waste collection program under a written…
    § 79850 Except as provided in Section 79845, this article does not affect or modify the obligations or liabilities of a person imposed pursuant to state or federal law.
  9. ARTICLE 9. Liability Agreements §§ 79860–79865 · 2 sections
    § 79860 Except as provided in Article 10 (commencing with Section 79875), no indemnification, hold harmless, conveyance, or similar agreement shall be effective to…
    § 79865 The repeal of Section 25364.6, pursuant to Chapter 1226 of the Statutes of 1998, shall not affect any indemnity provided pursuant to that section for any cause…
  10. ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site §§ 79875–79900 · 6 sections
    § 79875 For purposes of this article, the following definitions shall apply: (a) “Affiliate” means any entity that directly, or indirectly through one or more…
    § 79880 Notwithstanding any other provision of law, except as provided in Sections 79885 and 79890, the director may release from liability under this part or Chapter…
    § 79885 A release from liability shall not be granted pursuant to Section 79880 unless all of the following conditions are met: (a) A responsible party owner has…
    § 79890 Notwithstanding any other provision of this article, a release from liability granted pursuant to Section 79880 shall not extend to any of the following: (a)…
    § 79895 Any release from liability granted by the director pursuant to this article shall contain the following provision: “If, for any reason, the responsible party…
    § 79900 The site may be subdivided to create subdivided parcels of land, pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of…
  11. ARTICLE 11. Costs Incurred at BKK Landfill Site § 79910 · 1 section
    § 79910 (a) Notwithstanding any other provision of this chapter, the costs incurred by a state agency to take a hazardous substance response action at the BKK…
  12. ARTICLE 12. Settlement § 79920 · 1 section
    § 79920 (a) The department shall, if it determines that it is practicable and in the public interest, propose a final administrative or judicial expedited settlement…
  13. ARTICLE 13. Liens §§ 79935–79955 · 5 sections
    § 79935 (a) (1) Any costs or damages incurred by the department or regional board pursuant to this part constitute a claim and lien upon the real property owned by the…
    § 79940 The lien imposed by this article shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the…
    § 79945 (a) The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record, as shown on the…
    § 79950 The department shall not be considered a responsible party for a hazardous substance release site because a claim and lien is imposed pursuant to this article.
    § 79955 All funds recovered pursuant to this article shall be deposited in the state account.
9. CHAPTER 9. Orphan Share Reimbursement §§ 80000–80100 · 14 sections
  1. ARTICLE 1. General Provisions §§ 80000–80010 · 3 sections
    § 80000 For purposes of this chapter, the following definitions shall apply: (a) “Fund” means the Orphan Share Reimbursement Trust Fund established pursuant to Section…
    § 80005 The Legislature finds and declares all of the following: (a) This chapter, which establishes an Orphan Share Reimbursement Trust Fund, operates in conjunction…
    § 80010 (a) This chapter does not prohibit, and is not intended to prohibit, the department, the regional board, or the Attorney General from pursuing any existing…
  2. ARTICLE 2. Orphan Share Reimbursement Trust Fund §§ 80020–80025 · 2 sections
    § 80020 (a) The Orphan Share Reimbursement Trust Fund is hereby created in the State Treasury. (b) The administrator of the fund may expend the money deposited in the…
    § 80025 Except as provided in subdivision (b) of Section 78420 and subdivision (c) of Section 80020, the administrator of the fund may expend the money in the fund for…
  3. ARTICLE 3. Claims for Orphan Share Reimbursement §§ 80040–80055 · 4 sections
    § 80040 A potentially responsible party may file a claim pursuant to subdivision (a) of Section 80025 only if all of the following apply: (a) The site is listed…
    § 80045 The administrator of the fund shall prescribe appropriate application forms and procedures for claims filed pursuant to subdivision (a) of Section 80025 that…
    § 80050 (a) The administrator of the fund shall annually, on a fiscal year basis, pay claims for reimbursement from the fund filed by potentially responsible parties…
    § 80055 A claim for reimbursement under subdivision (a) of Section 80025 shall not be filed for any of the following: (a) Sites listed on the National Priorities List…
  4. ARTICLE 4. Determination of Orphan Share § 80070 · 1 section
    § 80070 For the purposes of this chapter, the orphan share shall be determined in the following manner: (a) The orphan share shall be expressed as a percentage in…
  5. ARTICLE 5. Enforcement and Cost Recovery §§ 80080–80090 · 3 sections
    § 80080 Any costs paid from the fund pursuant to subdivisions (a) and (d) of Section 80025 shall be recoverable by the Attorney General, at the request of the…
    § 80085 Any potentially responsible party who withholds information required to be submitted under this section or Section 80080, or who submits false information, is…
    § 80090 (a) Any costs incurred and payable from the fund by the administrator pursuant to this chapter shall constitute a claim and lien upon the real property owned…
  6. ARTICLE 6. Operative Date § 80100 · 1 section
    § 80100 (a) This chapter shall become operative on the operative date of the statute that does either, or both, of the following: (1) Appropriates funds to the fund to…
10. CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods §§ 80200–80625 · 59 sections
  1. ARTICLE 1. Definitions §§ 80200–80280 · 16 sections
    § 80200 For purposes of this chapter, the definitions contained in this article shall apply.
    § 80205 “Account” means the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350.
    § 80210 (a) “Brownfield” means property that meets all of the following conditions: (1) It is located in an urban area. (2) It was previously the site of an economic…
    § 80215 “Cleanup and abatement order” means an order issued by a regional board pursuant to Section 13304 of the Water Code.
    § 80220 “Cleanup Loans and Environmental Assistance to Neighborhoods Program” or “CLEAN” means the loan program established by the department pursuant to Article 6…
    § 80225 “Economic activity” means a governmental activity, a commercial, agricultural, industrial, or not-for-profit enterprise, or other economic or business concern.
    § 80230 (a) “Eligible property” means a site that is any of the following: (1) A brownfield. (2) An underutilized property that is a property described in paragraph…
    § 80235 (a) “Hazardous material” means a substance or waste that, because of its physical, chemical, or other characteristics, may pose a risk of endangering human…
    § 80240 “Investigating site contamination program” means the loan program established by the department pursuant to Article 5 (commencing with Section 80400) to…
    § 80245 “Leaking underground fuel tank” has the same meaning as “tank,” as defined in Section 25299.24.
    § 80250 “No longer in operation” means an economic activity that is, or previously was, located on a property that is not conducting operations on the property of the…
    § 80255 “Project” means any response action, and the planned future development, included in an application for a loan pursuant to Article 6 (commencing with Section…
    § 80260 “Property” means real property, as defined in Section 658 of the Civil Code.
    § 80265 “Small business” means an independently owned and operated business, that is not dominant in its field of operation, that, together with affiliates, has 100 or…
    § 80275 “Underutilized property” means property that meets all of the following conditions: (a) It is located in an urban area. (b) An economic activity is conducted…
    § 80280 “Urban area” means either of the following: (a) The central portion of a city or a group of contiguous cities with a population of 50,000 or more, together…
  2. ARTICLE 2. General Provisions §§ 80300–80325 · 6 sections
    § 80300 Except as provided in Sections 80570 and 80575, any response action carried out under this chapter shall be conducted in accordance with the requirements of…
    § 80305 (a) (1) Notwithstanding Section 80300, for purposes of Section 25262, the administering agency for any site that is the subject of a loan under this chapter…
    § 80310 For sites that are the subject of a loan under this chapter, all references in this part to a hazardous substance shall be deemed to be a reference to a…
    § 80315 Except as provided in Sections 80570 and 80575, this part shall apply to a site that is the subject of a loan under this chapter, regardless of whether the…
    § 80320 (a) Except as provided in Section 25264, this chapter shall not be construed to limit the authority of the department, the regional board, or the state board…
    § 80325 (a) (1) The department shall post, and update at least monthly, a list of loan applications received pursuant to this chapter on the department’s internet…
  3. ARTICLE 3. Financial Provisions §§ 80350–80355 · 2 sections
    § 80350 The Cleanup Loans and Environmental Assistance to Neighborhoods Account is hereby established in the General Fund to provide low-interest loans to qualified…
    § 80355 (a) Except as provided in subdivision (b), notwithstanding Section 13340 of the Government Code, the money in the account is continuously appropriated, without…
  4. ARTICLE 4. Loans Generally §§ 80370–80380 · 3 sections
    § 80370 The following persons are not eligible to apply for a loan under this chapter: (a) A person who has been convicted of a felony or misdemeanor involving the…
    § 80375 The rate of interest to be applied to loans made pursuant to this chapter shall be the same rate earned on investments in the Surplus Money Investment Fund…
    § 80380 On or before January 10 of each year when a loan under this chapter is made or repaid during the previous fiscal year, the secretary shall report to the Joint…
  5. ARTICLE 5. Investigating Site Contamination Program §§ 80400–80435 · 8 sections
    § 80400 The department, with the approval of the secretary, shall establish an Investigating Site Contamination Program to provide loans to eligible persons to conduct…
    § 80405 The department shall develop a loan application form for an investigating site contamination program loan and shall include, in the form, any provisions that…
    § 80410 The department shall determine whether to approve a loan application pursuant to this article based upon the information submitted pursuant to Section 80405.…
    § 80415 The maximum amount of a loan granted pursuant to this article shall not exceed one hundred thousand dollars ($100,000).
    § 80420 (a) Except as provided in subdivision (b) and in Section 80425, upon approval of the loan application by the department, the loan recipient shall execute an…
    § 80425 If a loan recipient who is not the owner of the property and the department determine, after the completion of the preliminary endangerment assessment, that…
    § 80430 Upon approval of a loan, the recipient shall enter into an agreement with the department for the department to provide regulatory oversight of the preparation…
    § 80435 Notwithstanding any requirement of Division 20 (commencing with Section 24000) or this part regarding cost recovery or reimbursement for oversight costs, a…
  6. ARTICLE 6. Cleanup Loans and Environmental Assistance to Neighborhoods Program §§ 80450–80465 · 4 sections
    § 80450 The department, with the approval of the secretary, shall establish a Cleanup Loans and Environmental Assistance to Neighborhoods Program to provide loans to…
    § 80455 The department shall develop an application form for a loan under the CLEAN program and shall include, in the form, any provisions that the department…
    § 80460 (a) A recipient of a loan to perform an action to respond to a release or threatened release of a hazardous material at an eligible property that is granted…
    § 80465 The department shall take those necessary actions to promote the use of loans under the CLEAN program by local governments.
  7. ARTICLE 7. Review of CLEAN Loan Applications §§ 80480–80490 · 3 sections
    § 80480 (a) The department, after consultation with the secretary, the Secretary of Business, Transportation and Housing, and the Director of the Office of Planning…
    § 80485 If the department determines, based on estimates of the number of loan requests that will be submitted in any fiscal year and the amount of loan funds that…
    § 80490 The system for ranking loan applications pursuant to Section 80485 shall establish priority scores for projects that are the subjects of the loan applications…
  8. ARTICLE 8. Conditions for Loan Approval §§ 80500–80505 · 2 sections
    § 80500 The department may approve all, or part of, a loan request pursuant to Article 7 (commencing with Section 80480), except the maximum amount of a loan approved…
    § 80505 The department shall not approve a loan pursuant to Article 7 (commencing with Section 80480) if the total debt against the eligible property subject to the…
  9. ARTICLE 9. Obligations of Loan Recipient § 80520 · 1 section
    § 80520 Upon the approval of a loan pursuant to Article 7 (commencing with Section 80480), the loan recipient shall do all of the following: (a) Enter into an…
  10. ARTICLE 10. Security for Loan §§ 80540–80550 · 3 sections
    § 80540 (a) A loan approved pursuant to Article 7 (commencing with Section 80480) shall be secured by the property subject to the release or threatened release of the…
    § 80545 (a) The state, the secretary, the department, and the account are not liable under any state or local statute, regulation, or ordinance because the department…
    § 80550 (a) Notwithstanding any other provision of law, no approval or review shall be required from the Department of General Services to obtain any security interest…
  11. ARTICLE 11. Administering Agency §§ 80570–80610 · 9 sections
    § 80570 (a) Except as provided in subdivision (b) and Section 80575, upon the request of a regional board or the state board, the administering agency for any site…
    § 80575 (a) Upon the request of a regional board, the regional board shall be the administering agency for a property specified in Section 80570, if the site is…
    § 80580 Notwithstanding Sections 80570 and 80575, the regional board and the state board, in consultation with the department, may request the department to be the…
    § 80585 Notwithstanding Section 80575, if a regional board has issued a cleanup order or entered into a written voluntary agreement under Division 7 (commencing with…
    § 80590 The department shall provide a written notice of the receipt of a loan application under Article 6 (commencing with Section 80450), including the name and…
    § 80595 The regional board or state board shall respond with a written notice to the department within 20 working days after receipt of the notice or information…
    § 80600 (a) If a regional board or a local oversight program agency under contract with the state board oversees a response action pursuant to this article, the…
    § 80605 If the regional board or a local oversight program agency under contract with the state board serves as the administering agency pursuant to this article, the…
    § 80610 This article does not apply to any site subject to Chapter 1 (commencing with Section 17210) of Part 10.5 of Division 1 of Title 1 of the Education Code.
  12. ARTICLE 12. Emergency Regulations §§ 80620–80625 · 2 sections
    § 80620 (a) The department may adopt regulations to implement this chapter as emergency regulations. The Office of Administrative Law shall consider the situation…
    § 80625 (a) The department may adopt emergency regulations to implement the changes made by Chapter 548 of the Statutes of 2001. The Office of Administrative Law shall…
11. CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program §§ 80680–80870 · 30 sections
  1. ARTICLE 1. Definitions §§ 80680–80735 · 12 sections
    § 80680 For purposes of this chapter, the definitions contained in this article shall apply.
    § 80685 “CLEAN Program” means the Cleanup Loans and Environmental Assistance to Neighborhoods Program established pursuant to Section 80450.
    § 80690 (a) “Cost overrun insurance” means insurance that covers some, or all, of the response costs caused by a known pollution condition at a site, that exceed the…
    § 80695 “Eligible property” has the same meaning as defined in subdivision (a) of Section 80230.
    § 80700 “Environmental insurance” means insurance intended to limit the liability associated with the discovery and cleanup of a hazardous material release, including…
    § 80705 “Estimated response action costs” means the projected costs of taking a response action in implementing an approved removal action work plan or remedial action…
    § 80710 “Hazardous material” means a substance or waste that, because of its physical, chemical, or other characteristics, may pose a risk of endangering human health…
    § 80715 “Insurance company” means an insurance company authorized in California to offer environmental insurance and that has an A.M. Best Financial Strength Rating of…
    § 80720 “Pollution condition” means a release or threatened release of a hazardous material and any resulting impact upon the environment.
    § 80725 (a) “Pollution liability insurance” means insurance that covers damages caused by a pollution condition from, or at, a site that is preexisting and unknown, or…
    § 80730 “Secured creditor insurance” means insurance made available to an insured that covers all of the following: (a) Response costs at a site incurred by the lender…
    § 80735 “Self-insured retention amount” means response action costs in excess of the estimated response action costs that have been accepted and approved by the…
  2. ARTICLE 2. Environmental Insurance Products §§ 80750–80780 · 7 sections
    § 80750 (a) The secretary shall solicit proposals for a package of environmental insurance products from insurance companies through a competitive bidding process. (b)…
    § 80755 The secretary shall evaluate the extent to which each proposal submitted pursuant to Section 80750 meets the objectives of the request for proposal and shall…
    § 80760 (a) The secretary shall select one or more insurance companies that have submitted a proposal pursuant to Section 80750 to be the exclusive state-designated…
    § 80765 Every three years, the secretary shall repeat the competitive bidding process specified in this article.
    § 80770 (a) An insurance company selected to provide prenegotiated environmental insurance products pursuant to Section 80760 shall offer this prenegotiated package of…
    § 80775 The secretary shall implement this article in consultation with representatives of other appropriate state agencies, including the Business, Transportation and…
    § 80780 The secretary shall implement this article in a manner that is consistent with the requirements for state procurement of services set forth in Article 4…
  3. ARTICLE 3. Subsidies §§ 80800–80825 · 6 sections
    § 80800 The secretary shall expend the funds from the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350 that…
    § 80805 The secretary shall provide the following subsidies, in accordance with the application process specified in this article, from the funds made available…
    § 80810 (a) Any person who is conducting a response action at an eligible property under the oversight of the department or a regional board and who purchases the…
    § 80815 An applicant for a subsidy made available pursuant to this article shall provide the secretary with all information necessary to demonstrate to the secretary…
    § 80820 The state and the Cleanup Loans and Environmental Assistance to Neighborhoods Account do not have any obligation to provide funds to any person that applies…
    § 80825 The secretary shall provide an applicant with a subsidy only to the extent that money in the Cleanup Loans and Environmental Assistance to Neighborhoods…
  4. ARTICLE 4. Liability §§ 80840–80855 · 4 sections
    § 80840 Notwithstanding any other provision of law, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political…
    § 80845 The immunity from liability set forth in Section 80840 specifically includes, but is not limited to, immunity if an insurance company selected to provide…
    § 80850 The immunity set forth in this article is in addition to other immunities and defenses otherwise available to the agency, the secretary, the state, their…
    § 80855 In implementing this chapter, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions…
  5. ARTICLE 5. Regulations § 80870 · 1 section
    § 80870 (a) The agency may adopt regulations to implement this chapter pursuant to this section. (b) (1) The regulations adopted to implement this chapter shall be…
12. CHAPTER 12. Compensation §§ 80900–81050 · 17 sections
  1. ARTICLE 1. Financial Provisions §§ 80900–80905 · 2 sections
    § 80900 (a) Claims approved by the Department of General Services pursuant to this chapter shall be paid from the state account. (b) The Legislature may appropriate up…
    § 80905 The Department of General Services may expend from the state account those sums of money as are reasonably necessary to administer and carry out this chapter.
  2. ARTICLE 2. Claims for Compensation §§ 80920–80930 · 3 sections
    § 80920 Any person may apply to the Department of General Services, pursuant to Section 80925, for compensation of a loss caused by the release, in California, of a…
    § 80925 (a) The Department of General Services shall prescribe appropriate forms and procedures for claims filed pursuant to this chapter, which shall include, as a…
    § 80930 No claim may be presented to the Department of General Services pursuant to this chapter later than three years from the date of discovery of the loss or from…
  3. ARTICLE 3. Compensable Losses §§ 80940–80950 · 3 sections
    § 80940 If the Department of General Services makes the determination, specified in Section 80945, that losses resulted from the claimant’s damages, injury, or…
    § 80945 A loss specified in Section 80940 is compensable if the Department of General Services makes all of the following findings, based upon a preponderance of the…
    § 80950 No money shall be used for the payment of any claim authorized by this part, where the claim is the result of long-term exposure to ambient concentrations of…
  4. ARTICLE 4. Claim Proceedings §§ 80970–80975 · 2 sections
    § 80970 (a) Except as specified in subdivision (b), the procedures specified in Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of…
    § 80975 (a) All decisions rendered by the Department of General Services shall be in writing, with notification to all appropriate parties, and shall be rendered…
  5. ARTICLE 5. Relationship to Other Remedies §§ 80990–80995 · 2 sections
    § 80990 Nothing in this chapter shall require, or be deemed to require, pursuit of any claim against the Department of General Services as a condition precedent to any…
    § 80995 (a) Compensation of any loss pursuant to this chapter shall preclude indemnification or reimbursement from any other source for the identical loss, and…
  6. ARTICLE 6. Nonadmissibility of Evidence in Other Proceedings § 81010 · 1 section
    § 81010 (a) The following evidence is not admissible as evidence in any civil or criminal proceeding, including a subrogation action by the state pursuant to Article 7…
  7. ARTICLE 7. State Recovery from Party Liable for the Loss §§ 81030–81040 · 3 sections
    § 81030 Compensation of any loss pursuant to this chapter shall be subject to the state’s acquiring, by subrogation, all rights of the claimant to recover the loss…
    § 81035 Upon the request of the Department of General Services, the Attorney General shall commence an action in the name of the people of the State of California to…
    § 81040 Moneys recovered pursuant to this article shall be deposited in the state account.
  8. ARTICLE 8. Implementing Rules and Regulations § 81050 · 1 section
    § 81050 The Department of General Services shall, in consultation with the department, adopt, and revise when appropriate, all rules and regulations necessary to…