CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods
Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2.
§§ 80200–80625 · 59 sections
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…
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…
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…
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…
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…
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.
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…
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…
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…
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…
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.
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…