Health and Safety Code

Part 84 of 87 · provisions 16,601–16,800

This section says the act is to be known as the Health and Safety Code.

Jurisdiction: United States — California
Instrument: Code
Citation: HSC
Version: Undated source snapshot
Language: en
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Complete work: View statute overview

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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

78130.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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A “removal action work plan” is a plan prepared or approved by the department or a regional board to carry out a removal action, protect public health and safety and the environment, and include specified content.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 effective manner, that is protective of the public health and safety and the environment. The removal action work plan shall include a detailed engineering plan for conducting the removal action, a description of the onsite contamination, the goals to be achieved by the removal action, and any alternative removal options that were considered and rejected and the basis for that rejection. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78135.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section defines “remove” or “removal” to include cleanup or removal of released hazardous substances and other necessary actions to prevent, minimize, or mitigate damage from a release or threatened release.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 to prevent, minimize, or mitigate damage that may otherwise result from a release or threatened release, as further defined by Section 101(23) of the federal act (42 U.S.C. Sec. 9601(23)). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78140.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section defines “response,” “respond,” and “response action,” and includes the department’s and regional board’s enforcement and oversight activities within those terms.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 and oversight activities of the department and regional board are included within the meaning of “response,” “respond,” or “response action.” (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78145.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section defines “responsible party” or “liable person” and creates limited exemptions for certain people using approved innovative technology or unknowingly transporting hazardous waste.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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. Sec. 9607(a)). (2) (A) Notwithstanding paragraph (1), but except as provided in subparagraph (B), a person is not a responsible party or liable person, for purposes of this part, for the reason that the person has developed or implemented innovative investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the department for the release site and the person would not otherwise be a responsible party or liable person. Upon approval of the use of the technology, the director shall acknowledge, in writing, that, upon proper completion of the innovative investigative or innovative remedial action at the release site, the immunity provided by this subparagraph shall apply to the person. (B) Subparagraph (A) does not apply in any of the following cases: (i) Conditions at the release site have deteriorated as a result of the negligence of the person who developed or implemented the innovative investigative or innovative remedial technology. (ii) The person who developed or implemented the innovative investigative or innovative remedial technology withheld or misrepresented information that was relevant to the potential risks or harms of the technology. (iii) The person who implemented the innovative investigative or innovative remedial technology did not follow the implementation process approved by the department. (b) For the purposes of this part, the defenses available to a responsible party or liable person shall be those defenses specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)). (c) Any person who unknowingly transports hazardous waste to a solid waste facility pursuant to the exemption provided in subdivision (e) of Section 25163 shall not be considered a responsible party for purposes of this part solely because of the act of transporting the waste. Nothing in this subdivision shall affect the liability of this person for the person’s negligent acts. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78150.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section defines “Secretary” as the Secretary for Environmental Protection.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78150. “Secretary” means the Secretary for Environmental Protection. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78155.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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“Site” means the same thing as “facility” under the cited federal definition.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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)). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78160.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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“Site cleanup evaluation” means a department evaluation of how effective a responsible party’s removal or remedial action is at reducing or eliminating public health and environmental threats at a hazardous substance release site, when that action is not already under department oversight.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 reduce or eliminate actual or potential public health and environmental threats posed by a hazardous substance release site if the action itself is not the subject of oversight by the department. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78165.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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“State account” means the Toxic Substances Control Account established under Section 25173.6.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78165. “State account” means the Toxic Substances Control Account established pursuant to Section 25173.6. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78168.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section defines “State board” as the State Water Resources Control Board.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78168. “State board” means the State Water Resources Control Board. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78170.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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“Tier” means a group of hazardous substance release sites that need removal and remedial actions, are listed alphabetically, and have roughly equivalent priority.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 roughly equivalent priority for removal and remedial action. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78185.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Construction of Part [78185- 78185.] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section limits how the part is read: it does not create new liability for certain pre-1982 acts, does not authorize recovery for permitted releases, and preserves other state and federal law obligations except where listed exceptions apply.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Construction of Part [78185- 78185.] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 violation of existing state or federal laws at the time they occurred. (b) Nothing in this part shall be construed as authorizing recovery for response costs or damages resulting from any release authorized or permitted pursuant to state law, including a federally permitted release. (c) Except as provided in Sections 79650, 79665, and 79670 and Articles 3 (commencing with Section 79700) and 5 (commencing with 79760) of Chapter 8, nothing in this part shall affect or modify in any way the obligations or liability of any person under any other provision of state or federal law, including common law, for damages, injury, or loss resulting from a release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of the hazardous substance. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78200.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Budget [78200- 78200.] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
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The Director of Finance must include qualifying hazardous-substance response projects in the annual proposed budget.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Budget [78200- 78200.] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 remedial actions at hazardous substance release sites. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78210.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Externally-Funded Positions [78210- 78210.] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section defines “externally-funded position” and limits the Controller and Department of Finance from eliminating, freezing, or reducing those positions in specified ways.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Externally-Funded Positions [78210- 78210.] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 and related support of remediation and hazardous substance management at a military base, including a closed military base, that is funded through an agreement with a party responsible for paying the department’s costs. (2) A direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (b) (1) Notwithstanding Section 12439 of the Government Code, the Controller may not eliminate any externally-funded position. (2) Notwithstanding any other provision of law, including Section 4.10 of the Budget Act of 2003, for the 2003–04 and 2004–05 fiscal years, the Director of Finance may not eliminate any externally-funded position. (c) Neither the Controller nor the Department of Finance may impose any hiring freeze or personal services limitations, including any position reductions, upon any externally-funded position. (d) The Controller and Department of Finance shall exclude, from the department’s base for purposes of calculating any budget or position reductions required by any state agency or any state law, any externally-funded position and the specific amounts attributable to any externally-funded position. (e) Notwithstanding any other provision of law, neither the Controller nor the Department of Finance may require the department to reduce authorized positions or other appropriations for other department programs, including personal services, to replace the reductions precluded by subdivisions (b), (c), and (d). (f) Notwithstanding any other provision of law, upon the request of the department, and upon review and approval by the Department of Finance, the Controller shall augment any Budget Act appropriations, except for appropriations from the General Fund, necessary to implement this section. (g) (1) This section does not apply to any department appropriation or expenditure of General Fund moneys. (2) This section does not limit the authority of the Department of Finance to eliminate a position when funding for the position, through an agreement with a party or by a federal grant, is no longer available. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78220.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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The state account may sue and be sued in its own name.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78220. The state account may sue and be sued in its own name. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78225.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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The state account cannot be spent below zero: expenditures may not exceed the money in the account at the time.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 that amount may be made only when additional money is collected or otherwise added to the state account. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78230.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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The Controller must create a separate subaccount for certain settlement or General Fund money used for site cleanup, and the funds are restricted to that site and related costs.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 settlement agreement or the General Fund for a removal or remedial action to be performed at a specific site. (b) Notwithstanding Section 13340 of the Government Code, funds deposited in the subaccount for those removal or remedial actions are hereby continuously appropriated to the department, without regard to fiscal years, for removal or remedial action at the specific site, and for administrative costs associated with the removal or remedial action at the specific site. (c) Notwithstanding any other provision of law, money in the subaccount for those removal or remedial actions shall not revert to the General Fund or be transferred to any other fund or account in the State Treasury, except for purposes of investment as provided in Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. (d) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from investment of the funds specified in subdivision (a) pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code shall be deposited in the subaccount for removal or remedial action at the specific sites. (e) At the conclusion of all removal or remedial actions at the specific site, any unexpended funds in any subaccounts established pursuant to this section shall be transferred to the subaccount for site operation and maintenance established pursuant to Section 78235, if necessary, for those activities at the site, or, if not needed for site operation and maintenance at the site, to the state account. (f) There is hereby created a subaccount in the state account as the successor fund to the Stringfellow Insurance Proceeds Account created pursuant to former Section 25330.6, as amended by Chapter 178 of the Statutes of 2007. All assets, liabilities, and surplus in the Stringfellow Insurance Proceeds Account shall be transferred to, and become a part of, this subaccount for the Stringfellow Superfund Site in the County of Riverside, as provided in Section 16346 of the Government Code. All appropriations from the Stringfellow Insurance Proceeds Account, to the extent encumbered, shall continue to be available from the subaccount for expenditure for the same purposes and periods. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78235.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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The Controller must create a separate subaccount for site operation and maintenance in the state account.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 deposited in the subaccount: (1) Funds received from responsible parties for site operation and maintenance. (2) Funds received from the federal government pursuant to the federal act for site operation and maintenance. (3) Funds received from cities, counties, or any other state or local agency for site operation and maintenance. (4) Funds appropriated from the state account by the Legislature for site operation and maintenance. (b) Notwithstanding Section 13340 of the Government Code, funds deposited in the subaccount for site operation and maintenance are hereby continuously appropriated to the department, without regard to fiscal years, for site operation and maintenance, and for administrative costs associated with site operation and maintenance. (c) Notwithstanding any other provision of law, money in the subaccount for site operation and maintenance shall not revert to the General Fund or be transferred to any other fund or account in the State Treasury, except for purposes of investment as provided in Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. (d) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from investment of the funds specified in subdivision (a) pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code shall be deposited in the subaccount for site operation and maintenance. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78240.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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The section gives the department a continuing $1,000,000 annual reserve appropriation for emergencies, lets the director report after the money is fully spent, lets the Legislature add more money for corrective action, and caps the annual amount unless subdivision (b) applies.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. State Account [78220 - 78240] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 reserve account for emergencies, notwithstanding Section 13340 of the Government Code. Funds in the reserve account are governed by Section 78875. (b) Once the appropriation made pursuant to subdivision (a) is fully expended, the director may file a report with the Legislature if it is in session or, if it is not in session, with the Committee on Rules of the Assembly and the Senate as to the moneys expended pursuant to Section 78875. The Legislature may appropriate moneys from the state account, in addition to those moneys appropriated pursuant to subdivision (a), to the department for the purpose of taking corrective action pursuant to subdivision (a) of Section 78875. (c) Except as provided in subdivision (b), the amount deposited in the reserve account and appropriated pursuant to this section shall not exceed one million dollars ($1,000,000) in any fiscal year. On June 30 of each year, the unencumbered balance of the reserve account shall revert to and be deposited in the state account. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78260.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Site Remediation Account [78260 - 78265] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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The Site Remediation Account is placed in the General Fund, administered by the director, funded by transfers from the state account after legislative appropriation, and may be spent by the department for direct site remediation costs.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Site Remediation Account [78260 - 78265] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 from the state account, upon appropriation by the Legislature. Consistent with the requirements of Section 104(c) of the federal act (42 U.S.C. Sec. 9604(c)), the moneys in the account may be expended by the department, upon appropriation by the Legislature, for direct site remediation costs. (b) (1) For purposes of this section, “direct site remediation costs” means payments to contractors for investigations, characterizations, removal, remediation, or long-term operation and maintenance at sites contaminated or suspected of contamination by hazardous materials, where those actions are authorized pursuant to this part. (2) “Direct site remediation costs” also means the state-mandated share pursuant to Section 104(c)(3) of the federal act (42 U.S.C. Sec. 9604(c)(3)). (3) “Direct site remediation costs” does not include the department’s administrative expenses or the department’s expenses for staff to perform oversight of investigations, characterizations, removals, remediations, or long-term operation and maintenance. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78265.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Site Remediation Account [78260 - 78265] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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Money in the Site Remediation Account that is appropriated for removal or remedial action can be committed for three fiscal years after the appropriation year, and can be disbursed to pay off encumbrances under Government Code Section 16304.1.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Site Remediation Account [78260 - 78265] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 subsequent to the fiscal year in which the funds are appropriated and are available for disbursement in liquidation of encumbrances pursuant to Section 16304.1 of the Government Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78280.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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This article may be cited as the Johnston-Filante Hazardous Substance Cleanup Bond Act of 1984.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78280. This article shall be known and may be cited as the Johnston-Filante Hazardous Substance Cleanup Bond Act of 1984. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78285.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section defines several terms used in the article, including “Board,” “Committee,” “Director,” “Fund,” “Orphan site,” “Orphan share,” and “Responsible party.”

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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” means the department. (b) “Committee” means the Hazardous Substance Cleanup Committee created pursuant to Section 78295. (c) “Director” means the director. (d) “Fund” means the state account. (e) “Orphan site” means a site with a release or threatened release of a hazardous substance with no reasonably identifiable responsible parties. (f) “Orphan share” means those costs of removal or remedial action at sites with a release or threatened release of hazardous substances, which costs are in excess of amounts included in a cleanup agreement. (g) “Responsible party” means a person who is, or may be, responsible or liable for carrying out, or paying for the costs of, a removal or remedial action. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78290.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section adopts the State General Obligation Bond Law for the bonds authorized under this article and limits bond maturity to 30 years.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the bonds authorized to be issued pursuant to this article, and the provisions of that law are included in this article as though set out in full in this article, except that, notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of bonds shall not exceed 30 years from the date of the bonds, or from the date of each respective series. The maturity of each respective series shall be calculated from the date of the series. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78295.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section creates the Hazardous Substance Cleanup Committee and says who must be on it.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78295. The Hazardous Substance Cleanup Committee, which is hereby created, shall consist of the Governor, the Director of Finance, the Treasurer, the Controller, and the secretary. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78300.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The committee may create State debt or liabilities up to an aggregate of $100 million, following the process in this article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 provided in this article. The debts or liabilities shall be created for the purpose of providing moneys, for deposit in the fund, for the purposes specified in Section 78305. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78305.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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Bond proceeds in the state account may be used only with legislative appropriation, and the board may spend fund moneys only with committee authorization.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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, for the purposes specified in this section. (b) The board may expend moneys in the fund that are the proceeds of bonds issued and sold pursuant to this article upon the authorization of the committee, for all of the following purposes: (1) To provide the state share of a removal or remedial action pursuant to Section 104(c)(3) of the federal act (42 U.S.C. Sec. 9604(c)(3)) if the site is the subject of a final remedial action plan issued pursuant to Article 12 (commencing with Section 79195) of Chapter 5. (2) To pay all costs of a removal or remedial action incurred by the state, or by any local agency with the approval of the director, in response to a release or threatened release of a hazardous substance at a site that is listed in the priority ranking of sites pursuant to Article 5 (commencing with Section 78760) of Chapter 4 and is the subject of a final remedial action plan issued pursuant to Article 12 (commencing with Section 79195) of Chapter 5, to the extent that the costs are not paid by responsible parties or are reimbursed by the federal act. (3) To pay for site characterization of a release of hazardous substances, even if a remedial action plan has not been prepared, approved, adopted, or made final for that site. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78310.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The section says the authorized bonds are binding general obligations of California, backed by the state’s full faith and credit, and it requires annual collection of the amount needed to pay bond principal and interest.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 the State of California, and the full faith and credit of the State of California are hereby pledged for the punctual payment of both the principal of and the interest on the bonds. (b) There shall be collected annually, in the same manner and at the same time as other state revenue is collected, that sum, in addition to the ordinary revenues of the state, which is required to pay the principal of, and interest on, the bonds as provided in this article, and all officers charged by law with any duty in regard to the collection of the revenue shall perform each and every act that is necessary to collect this additional sum. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78315.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Money in the fund may be transferred to the General Fund if it was deposited for repayments to the state for assistance financed by the bonds.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 provision of law requiring repayments to the state for assistance financed by the proceeds of the bonds issued pursuant to this article. When transferred to the General Fund, that money shall be applied as a reimbursement to the General Fund for the principal and interest payments on the bonds that have been paid from the General Fund. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78320.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Money is appropriated from the General Fund in the State Treasury to pay bond principal and interest and to carry out Section 78325.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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: (a) The sum, annually, that will be necessary to pay the principal of, and the interest on, the bonds issued and sold pursuant to this article, as the principal and interest become due and payable. (b) The sum that is necessary to carry out Section 78325, which sum is appropriated without regard to fiscal years, notwithstanding Section 13340 of the Government Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78325.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The Director of Finance may authorize limited withdrawals from the General Fund for this article, and withdrawn money must be deposited into the fund, disbursed by the board under the article, and later returned to the General Fund from bond-sale proceeds.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 not to exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this article. (b) Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the board in accordance with this article. (c) Any moneys made available pursuant to this section shall be returned to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out this article. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78330.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The Treasurer may manage bond proceeds and related earnings in separate accounts and use them for federal tax-related payments or other actions needed to preserve tax-exempt status.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78335.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

On the board’s request, the committee must decide whether bonds should be issued under this article and, if so, how much.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 whether it is necessary or desirable to issue any bonds authorized pursuant to this article in order to take these actions, and if so, the amount of bonds that should be issued and sold. Successive issues of bonds may be authorized and sold to take these actions progressively, and it is not necessary that all of the bonds authorized by this article to be issued are sold at any one time. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78340.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The committee may authorize the Treasurer to sell all or part of the bonds covered by this article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 Treasurer. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78345.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Bond sale proceeds are generally restricted to the purposes stated in Section 78305 and cannot be transferred to the General Fund to pay bond principal and interest, except as provided in Section 78315 and excluding premiums and accrued interest.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Hazardous Substance Cleanup Bond Act of 1984 [78280 - 78345] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 purposes specified in Section 78305, but are not available for transfer to the General Fund to pay the principal of, and interest on, the bonds. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78360.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Revolving Loans Fund [78360 - 78365] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

This section defines key terms used in this article, including “Brownfield site,” “Brownfield law,” “Federal Trust Fund,” and “Fund.”

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Revolving Loans Fund [78360 - 78365] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78360. Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Brownfield site” has the same meaning as defined in Section 101 of the federal act (42 U.S.C. Sec. 9601). (b) “Brownfield law” means the federal Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) as amending the federal act. (c) “Federal Trust Fund” means the Federal Trust Fund established pursuant to Section 16360 of the Government Code. (d) “Fund” means the Revolving Loans Fund established pursuant to this article. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78365.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Revolving Loans Fund [78360 - 78365] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The Revolving Loans Fund is created in the State Treasury, and the department administers it and may spend fund money only for brownfield-law purposes.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Revolving Loans Fund [78360 - 78365] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 continuously appropriated, without regard to fiscal year, to the department for expenditure in accordance with this part. The department is the state agency responsible for administering the fund. (b) All of the following moneys shall be deposited in the fund: (1) Notwithstanding Section 25173.6, moneys received pursuant to the brownfield law and transferred to the fund from the Federal Trust Fund. (2) The amounts collected for loan services. (3) Interest payments. (4) Principal repayments. (5) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys deposited in the fund. (c) The department may expend the moneys in the fund only for the purposes authorized by the brownfield law, as specified in Section 104(k) of the federal act (42 U.S.C. Sec. 9604(k)), including providing financial assistance for both of the following: (1) Issuing loans for response actions to eligible brownfield sites. (2) Making subgrants for response actions to eligible brownfield sites. (d) Any repayment of fund moneys, including interest payments, and all interest earned on, or accruing to, any moneys in the fund, that are deposited in the fund, as provided in subdivision (b), shall be available, in perpetuity, for expenditure for the purposes and uses authorized by the brownfield law. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78370.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Illegal Drug Lab Cleanup Account [78370- 78370.] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Creates the Illegal Drug Lab Cleanup Account in the General Fund and allows the department to spend account money only after legislative appropriation.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 2. Financial Provisions [78200 - 78370] ( Chapter 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Illegal Drug Lab Cleanup Account [78370- 78370.] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 Legislature, to carry out the removal actions required by Article 16 (commencing with Section 79350) of Chapter 5 and to implement Section 79380, including, but not limited to, funding an interagency agreement entered into with the Office of Environmental Health Hazard Assessment to provide guidance services. The account shall be funded by moneys appropriated directly from the General Fund. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78400.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Regulatory Authority [78400- 78400.] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must adopt regulations needed to carry out this part, including rules on spending and accounting for allocated moneys.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Regulatory Authority [78400- 78400.] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78400. The department shall adopt any regulations necessary to carry out its responsibilities pursuant to this part, including, but not limited to, regulations governing the expenditure of, and accounting procedures for, moneys allocated to state, regional, and local agencies pursuant to this part. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78410.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Federal Assistance [78410- 78410.] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The state must seek federal funds it is entitled to and take needed steps to enter certain contractual or cooperative agreements.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Federal Assistance [78410- 78410.] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 contractual or cooperative agreements under Sections 104(c)(3) and 104(d)(1) of the federal act (42 U.S.C. Sec. 9604(c)(3) and 42 U.S.C. Sec. 9604(d)(1)). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78420.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Public Outreach [78420- 78420.] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department and state board must establish two community service offices and fund them with $400,000 per year from the Orphan Share Reimbursement Trust Fund.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Public Outreach [78420- 78420.] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 California. (b) Notwithstanding Section 80025, the department and, if appropriate, the state board shall expend a total of four hundred thousand dollars ($400,000) per year from the Orphan Share Reimbursement Trust Fund established pursuant to Chapter 9 (commencing with Section 80000) on the operation of the community service offices established pursuant to this section. The offices shall use these funds to provide direct technical and logistical support to any community advisory group established pursuant to Section 78950. Funds allocated pursuant to this subdivision shall supplement, and not supplant, any funds expended for the purposes of developing and implementing other public participation activities required to be undertaken pursuant to this part, including, but not limited to, activities undertaken pursuant to the national contingency plan or the public participation plan required to be adopted by the department pursuant to Section 78930. (c) The state board may contract with the department to provide this service on behalf of a regional board if the state board finds that it would be more practical and economical to do so. (d) In implementing this section and Section 78925, the department and the regional boards are not obligated to expend funds beyond the amounts appropriated in any fiscal year for purposes of developing and implementing public participation activities required by other provisions of this part unless the Orphan Share Reimbursement Trust Fund contains funding at the level specified in subdivision (b). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78435.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department, its representative, or a person designated by the director may use the investigatory powers in this article only when there is a reasonable basis to believe a hazardous substance has been or may be released or threatened to be released.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under this part the need for a response action, the choosing or taking of a response action, or otherwise for the purpose of enforcing this part. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78440.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department’s officer, employee, director’s representative, or designee may require relevant information from a person on reasonable notice, and that person may have to pay copying or transmission costs and allow access to related records.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 have information relevant to any of the following matters to furnish the information, upon reasonable notice: (1) The identification, nature, and quantity of materials that have been, or are, generated, treated, stored, or disposed of at a hazardous substance release site or that have been, or are, transported to a hazardous substance release site. (2) The nature or extent of a release or a threatened release of a hazardous substance at, or from, a hazardous substance release site. (3) The ability of a person to pay for or to perform a response action, consistent with Section 104(e) of the federal act (42 U.S.C. Sec. 9604(e)). (b) Any person required to furnish information pursuant to this article shall pay any costs of photocopying or transmitting the information. (c) A person who is required to provide information pursuant to subdivision (a) shall, in accordance with Section 78455, allow the officer, employee, representative, or designee, upon reasonable notice and at reasonable times, to have access to, and copy, all records relating to the hazardous substances for purposes of assisting the department in determining the need for a response action. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78445.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department may share certain information only for its hazardous substance response responsibilities, must set procedures to control use and re-disclosure, and may provide required information to the U.S. Environmental Protection Agency.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78445. (a) The department may disclose information submitted pursuant to this article to authorized representatives, contractors, or other governmental agencies only in connection with the department’s responsibilities pursuant to this part. The department shall establish procedures to ensure that information submitted pursuant to this article is used only in connection with these responsibilities and is not otherwise disseminated without the consent of the person who provided the information to the department. (b) The department may also make available to the United States Environmental Protection Agency any information required by law to be furnished to that agency. The sharing of information between the department and that agency pursuant to this article does not constitute a waiver by the department or of any affected person of any privilege or confidentiality provided by law that pertains to the information. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78450.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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Specified department officers and designees may enter and inspect certain hazardous-substance properties, take samples, and photograph conditions; when photographs are taken, the department must follow notice and disclosure-related procedures.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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, enter, at reasonable times, any of the following properties: (1) Any nonresidential establishment or other place or property where any hazardous substances may be, or have been, produced, stored, treated, disposed of, or transported from. (2) Any nonresidential establishment or other place or property from which, or to which, a hazardous substance has been, or may have been, released. (3) Any nonresidential establishment or other place or property where a hazardous substance release is, or may be, threatened. (4) Any nonresidential establishment or other place or property where entry is needed to determine the need for a response action, or the appropriate remedial action, to effectuate a response action under this part. (5) Any residential place or property that, if it were a nonresidential establishment or other place or property, would otherwise meet the criteria described in paragraphs (1) to (4), inclusive, if the department, representative, or person designated by the director is able to establish, based upon reasonably available evidence, that hazardous substances have been released onto or under the residential place or real property and if entry is made only at reasonable times and after reasonable notification to the owners and occupants. (b) Any officer or employee of the department, representative of the director, or person designated by the director may, in accordance with Section 78455, carry out any of the following activities: (1) Inspect and obtain samples from any establishment or other place or property specified in subdivision (a) or from any location of any suspected hazardous substance. (2) Inspect and obtain samples of any substances from any establishment or place or property specified in subdivision (a). (3) Inspect and obtain samples of any containers or labeling for the suspected hazardous substances, and samples of the soil, vegetation, air, water, and biota on the premises. (4) Set up and maintain monitoring equipment for the purpose of assessing or measuring the actual or potential migration of hazardous substances. (5) Survey and determine the topographic, geologic, and hydrogeologic features of the land. (6) Photograph any equipment, sample, activity, or environmental condition described in paragraphs (2) to (5), inclusive. (c) (1) If photographs are to be taken pursuant to paragraph (6) of subdivision (b), the department shall do all of the following: (A) Comply with all procedures established pursuant to Section 78490. (B) Notify the person whose facility is photographed prior to public disclosure of the photographs. (C) Upon the request of the person owning the facility, submit a copy of any photograph to the person for the purpose of determining whether trade secret information, as defined in Section 78480, or facility security, would be revealed by the photograph. (2) “Disclosure,” as used in Section 78485, for purposes of this paragraph, does not include the review of the photograph by a court of competent jurisdiction or by an administrative law judge. A court or judge may review the photograph in camera. (d) An officer, employee, representative, or designee who enters a place, establishment, or property pursuant to this article shall make a reasonable effort to inform the owner or the owner’s authorized representative of the inspection and shall provide split samples to the owner or the representative upon request. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78455.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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If access is not voluntarily granted, the officer or designee must first get a warrant; in an emergency with an immediate threat to public health and safety, they may enter without consent or a warrant.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 officer, employee, representative, or designee shall first obtain a warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, if there is an emergency posing an immediate threat to public health and safety, the officer, employee, representative, or designee may enter the place, establishment, or property without the consent of the owner or owner’s authorized representative and without the issuance of a warrant. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78460.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department and people it authorizes to enter land for a response action are not liable for trespass or other necessary acts done to carry out that response action.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 not be held liable, in either a civil or criminal proceeding, for trespass or for any other acts that are necessary to carry out the response action. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78465.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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If a person intentionally or negligently fails to provide and transmit required information under this article, the department may issue an order requiring compliance.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 person designated by the director any information required to be disclosed pursuant to this article, the department may issue an order directing compliance with the request. The order shall be issued only after notice and opportunity for consultation as is reasonably appropriate under the circumstances. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78470.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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Any person who makes false statements, withholds requested information, or blocks authorized activity under this article can be fined up to $25,000 per violation, with continuing violations charged by day.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Investigatory Powers [78435 - 78470] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 violation, or for continuing violations, for each day during which that violation continues: (a) Intentionally or negligently makes any false statement or representation in any report or information furnished pursuant to this article. (b) Intentionally or negligently fails to provide any information requested pursuant to this article. (c) Refuses or prevents, without sufficient cause, any activity authorized pursuant to this article. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78480.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Protection of Trade Secrets [78480 - 78495] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section says “trade secrets” may include certain non-patented information used in a commercial concern and giving a business advantage over competitors.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Protection of Trade Secrets [78480 - 78495] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78480. “Trade secrets,” as used in this article, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that is not patented, that is known only to certain individuals within a commercial concern who are using it to fabricate, produce, develop, or compound an article of trade or a service having commercial value, and that gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78485.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Protection of Trade Secrets [78480 - 78495] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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People submitting information under Section 78440(a) must identify, when they submit it, everything they believe is a trade secret.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Protection of Trade Secrets [78480 - 78495] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78490.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Protection of Trade Secrets [78480 - 78495] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must set procedures to keep trade secret information tied to its responsibilities and prevent other disclosure without the provider’s consent.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Protection of Trade Secrets [78480 - 78495] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78490. The department shall establish procedures to ensure that trade secret information is utilized by the department only in connection with the responsibilities of the department pursuant to this part and is not otherwise disseminated without the consent of the person who provided the information to the department. However, any information shall be made available to governmental agencies for use in making studies and for use in judicial review or enforcement proceedings involving the person furnishing the information. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78495.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Protection of Trade Secrets [78480 - 78495] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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A person who knowingly and willfully shares protected information under this article or related department procedures can be fined, jailed in county jail, or both.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Protection of Trade Secrets [78480 - 78495] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78495. Any person who knowingly and willfully disseminates information protected by this article or procedures established by the department pursuant to Section 78490 shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000), imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7850.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Removal by Cemetery Authority [7850 - 7852] ( Article 6 enacted by Stats. 1939, Ch. 60. )
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After notice and a ten-month waiting period, a cemetery authority may remove human remains and reinter them in another California cemetery where interments are allowed, without giving further notice to interested persons.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Removal by Cemetery Authority [7850 - 7852] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 7850. After the completion of notice, and after the expiration of the period of ten months specified in the notice, any cemetery authority may cause the removal of all human remains interred in the cemetery or portion from which the remains have been ordered removed, and may reinter such remains in other cemeteries in this State where interments are permitted, without further notice to any person claiming any interest in the cemetery, or portion affected, or in the remains interred therein. (Enacted by Stats. 1939, Ch. 60.)
78505.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Abandoned Sites [78505- 78505.] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )
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The director and related health authorities must exchange notices and status updates about potential abandoned sites and abandoned-site investigations.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Abandoned Sites [78505- 78505.] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 department has knowledge or that the department is investigating for releases of hazardous substances that may have occurred or might be occurring at abandoned sites. The county health officers may request quarterly updates on the status of the investigations of these sites. (b) As used in this section, “abandoned site” means an inactive disposal, treatment, or storage facility that cannot, with reasonable effort, be traced to a specific owner, a site whose owner is the subject of an order for relief in bankruptcy, or a location where a hazardous substance has been illegally disposed. (c) Within 10 working days of the identification of an abandoned site, the department or a county health officer shall notify the other agency of the status of the site. The department and the county health officer shall inform the other agency of orders to fence and post these sites and the status of compliance with those orders. The department or the county health officers may request quarterly updates of the testing, enforcement action, and remedial or removal actions that are proposed or ongoing. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7851.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Removal by Cemetery Authority [7850 - 7852] ( Article 6 enacted by Stats. 1939, Ch. 60. )
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If a cemetery authority removes remains under this chapter, it must transport and reinter them in a cemetery in an adjoining county where it is permitted to do so.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Removal by Cemetery Authority [7850 - 7852] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 7851. Whenever any remains are removed from any cemetery or portion of a cemetery pursuant to this chapter by a cemetery authority, they shall be transported to and reinterred in a cemetery in an adjoining county where interments by the cemetery authority are permitted. (Enacted by Stats. 1939, Ch. 60.)
78510.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Laboratories [78510- 78510.] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Analysis needed to show compliance with this part must be done by a laboratory accredited by the state board.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Laboratories [78510- 78510.] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7852.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Removal by Cemetery Authority [7850 - 7852] ( Article 6 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

Reinterred remains must be placed in a separate, suitable receptacle and interred decently and respectfully under cemetery authority rules.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Removal by Cemetery Authority [7850 - 7852] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 7852. The remains of each person reinterred shall be placed in a separate and suitable receptacle and decently and respectfully interred under rules and regulations adopted by the cemetery authority making the removal. (Enacted by Stats. 1939, Ch. 60.)
78525.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must run a full-scale demonstration program to evaluate treatment technologies for safe removal and remedial actions for hazardous substance releases.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78525. Notwithstanding Section 79055, the department shall carry out a program of full-scale demonstrations to evaluate treatment technologies that can be safely utilized for removal and remedial actions to hazardous substance releases. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78530.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

This section defines “treatment technologies” and “full-scale demonstration” for the article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78530. For the purposes of this article, the following definitions apply: (a) “Treatment technologies” means methods, techniques, or processes, including proprietary or patented methods, that permanently alter the composition of hazardous substances at hazardous substance release sites through chemical, biological, or physical means so as to make the substances nonhazardous or to significantly reduce the toxicity, mobility, or volume, or any combination of these characteristics, of the hazardous substances or contaminated materials being treated. (b) “Full-scale demonstration” means a demonstration of a technology that is of a size or capacity that permits valid comparison of the technology to the technical performance and cost of conventional technologies, that is likely to be cost-effective, and that will result in a substantial or complete remedial or removal action to a hazardous substance release site. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78535.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must select technology demonstration projects using criteria that include several minimum requirements.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 following requirements: (a) The project proposal includes complete and adequate documentation of technical feasibility. (b) The project proposal includes evidence that a technology has been sufficiently developed for full-scale demonstration and can likely operate on a cost-effective basis. (c) The department has determined that a site is available and suitable for demonstrating the technology, taking into account the following: (1) The physical, biological, chemical, and geological characteristics of the site. (2) The extent and type of contamination found at the site. (3) The capability to conduct demonstration projects in a manner to ensure the protection of human health and the environment. (d) The technology to be demonstrated preferably has widespread applicability in removal and remedial actions at other sites in the state. (e) The project will be developed to the extent that a successful demonstration on a hazardous substance release site may lead to commercial utilization by responsible parties at other sites in the state. (f) The department has determined that adequate funding is available from one or more of the following sources: (1) Responsible parties. (2) The United States Environmental Protection Agency. (3) The state account. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78540.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must identify hazardous substance release sites suited for technology demonstration projects.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78540. The department shall identify hazardous substance release sites, listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4, that are particularly well-suited for technology demonstration projects. In identifying hazardous substance release sites, the department shall consider, at a minimum, all of the following: (a) The state’s priority ranking for removal and remedial actions to hazardous substance release sites adopted pursuant to Article 5 (commencing with Section 78760) of Chapter 4. (b) The volume and variability of the hazardous substance release at the site. (c) The availability of data characterizing the hazardous substance release. (d) The accessibility of the hazardous substance release. (e) Availability of required utilities. (f) Support of federal and local governments. (g) Potential for adverse effects to public health and the environment. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78545.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must publish an annual solicitation for treatment demonstration project proposals by July 1, and applicants may submit applications with required project-plan information.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78545. (a) The department shall annually, on or before July 1, publish a solicitation for proposals to conduct treatment demonstration projects that utilize technologies that are at a stage of development suitable for full-scale demonstrations at hazardous substance release sites. The solicitation notice shall prescribe information to be included in the proposal, including technical and economic data derived from the applicant’s own research and development efforts, and any other information that may be prescribed by the department to assess the technology’s potential and safety and the types of removal or remedial action to which it may be applicable. (b) Any person, private entity, or public entity may submit an application to the department in response to the solicitation. The application shall contain a proposed treatment demonstration plan setting forth how the treatment demonstration project is to be carried out and any other information that the department may require. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78550.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must choose at least two treatment demonstration projects each year by January 1, using the Section 78535 criteria.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 demonstration projects, to be commenced during that calendar year, using, at a minimum, the criteria specified in Section 78535. (b) If the department determines that the required number of demonstrations required by subdivision (a) cannot be initiated consistent with the criteria specified in Section 78535 in any fiscal year, the department shall inform the appropriate committees of the Legislature of the reasons for its inability to conduct these demonstration projects. (c) Each treatment demonstration project selected pursuant to this section shall be performed by the applicant, or by a person approved by the applicant and the department. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78555.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department may decide not to recover certain incremental costs tied to an alternative treatment technology if that technology would cost more than another feasible method that also gives satisfactory results.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78555. Notwithstanding Section 79650, if the department determines that using an alternative treatment technology to conduct a removal or remedial action at a hazardous substance release site listed pursuant to Section 78760 would be more costly than another available and feasible removal or remedial action method that would also achieve satisfactory results, the department may determine not to attempt to recover from the liable person the incremental costs of the removal or remedial action attributable to the alternative treatment technology. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78560.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must run a technology transfer program about alternative or innovative hazardous substance treatment technologies demonstrated under this article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78560. (a) The department shall conduct a technology transfer program that shall include the development, collection, evaluation, coordination, and dissemination of information relating to the utilization of alternative or innovative hazardous substance treatment technologies demonstrated pursuant to this article. (b) The information in subdivision (a) shall include all of the following: (1) An evaluation of each treatment demonstration project’s efficacy relating to performance and cost in achieving permanent and significant reduction in risks from hazardous substance releases. (2) Documentation of the testing procedures utilized in the project, the data collected, and the quality assurance and quality control that was conducted. (3) The technology’s applicability, pretreatment and posttreatment measurements, and the technology’s advantages or disadvantages compared to other available technologies. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78565.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

When preparing or approving certain remedial action plans, the department must consider the project’s cost-effectiveness, but it does not have to pick the most cost-effective measure.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Technology Demonstration Program [78525 - 78565] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 selected for a treatment demonstration project pursuant to this article, the department shall consider the cost-effectiveness of the project but is not required to choose the most cost-effective measure. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78575.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Content of Biennial Report [78575 - 78580] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must report on cleanup and enforcement progress for the San Gabriel Valley groundwater sites in its biennial report.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Content of Biennial Report [78575 - 78580] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 Los Angeles, and on the progress of enforcement actions relating to those sites, in the biennial report specified in Section 25178. The report shall include, but not be limited to, all of the following: (1) State expenditures and planned expenditures. (2) Actions accomplished at the sites. (3) Actions planned, including a time schedule for the accomplishment of planned actions. (b) The report may be prepared in cooperation with other state and federal agencies involved with the sites, and shall include a summary of the activities of those additional agencies. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78580.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Content of Biennial Report [78575 - 78580] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must include an accounting of money spent under Section 78875 in the biennial report named in Section 25178.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Content of Biennial Report [78575 - 78580] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78580. The department shall include in the biennial report specified in Section 25178 an accounting of the moneys expended pursuant to Section 78875. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78590.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

This section defines “Firm,” “Prequalified list,” and “Professional service” for this article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78590. For purposes of this article, the following definitions shall apply: (a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of engineering, architecture, environmental, landscape architecture, construction project management, or land surveying. (b) “Prequalified list” means a short list of professional service firms that possess the qualifications established by the department to perform a specific type of professional service, with each firm ranked in order of its qualifications and costs, pursuant to subdivision (c) of Section 78600. (c) “Professional service” includes a professional service of an engineering, architectural, environmental, landscape architectural, construction project management, land surveying, or similar nature, as well as an incidental service that members of these professions and those in their employ may logically or justifiably perform. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78595.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department may advertise and award certain professional service contracts under this article if each contract is $1,000,000 or less.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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, in accordance with this article, for a professional service pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20, if the contract is individually in an amount equal to, or less than, one million dollars ($1,000,000). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78600.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department may create prequalified lists of professional service firms, but it must follow a detailed process for requesting qualifications, announcing them statewide, evaluating firms, maintaining the lists, and keeping at least three firms on each list unless a certification exception applies.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78600. The department may establish prequalified lists of professional service firms in accordance with the following process: (a) For each type of professional service work for which the department elects to use this article for advertising and awarding contracts, the department may request annual statements of qualifications from interested firms. The request for statements of qualifications shall be announced statewide through the California State Contracts Register and publications, internet websites, or electronic bulletin boards of respective professional societies that are intended, designed, and maintained by the professional societies to communicate with their memberships. Each announcement shall describe the general scope of services to be provided within each generic project category for a professional service that the department anticipates may be awarded during the period covered by the announcement. (b) The department shall define a generic project category so that each specific project to be awarded within that generic project category is substantially similar to all other projects within that generic project category, may be within the same size range and geographical area, and requires substantially similar skills and magnitude of professional effort as every other project within that generic project category. The generic categories shall provide a basis for evaluating and establishing the type, quality, and costs, including hourly rates for personnel and field activities and equipment, of the services that would be provided by the firm. (c) The department shall evaluate the statements of qualifications received pursuant to subdivision (a) and the department shall develop a short list of the most qualified firms that meet the criteria established and published by the department. The department shall hold discussions regarding each firm’s qualifications with all firms listed on the short list. The department shall then rank the firms listed on the short list according to each firm’s qualifications and the evaluation criteria established and published by the department. (d) The department shall maintain prequalified lists of professional service firms on an ongoing basis, except that no firm may remain on a list developed pursuant to subdivision (c) based on a single qualification statement for more than three years. The department shall include in each prequalified list no less than three firms, unless the department certifies that the scope of the prequalified list is appropriate for the department’s needs, taking into account the nature of the work, that the department made reasonable efforts to solicit qualification statements from qualified firms, and that the efforts were unsuccessful in producing three firms that met the established criteria. A firm may remain on the prequalified list up to three years without resubmitting a qualification statement, but the department may add additional firms to that list and may annually rank these firms. For purposes of annual adjustment to the ranking of firms already on the prequalified list, the department shall rely on that firm’s most recent annual qualification statement, if the statement is not more than three years old. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78605.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must follow the ranked prequalified list process when seeking contract services, and it may award or remove firms only in the circumstances stated here.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 adopted pursuant to Section 78610, the department shall contact the highest ranked firm on the appropriate prequalified list to determine if that firm has sufficient staff and is available for performance of the project. If the highest ranked firm is not available, the department shall continue to contact firms on the prequalified list in order of rank until a firm that is available is identified. (b) The department may enter into a contract for the services with a firm identified pursuant to subdivision (a), if the contract is for a total price that the department determines is fair and reasonable to the department and otherwise conforms to all matters and terms previously identified and established upon participation in the prequalified list. (c) (1) If the department is unable to negotiate a satisfactory contract with a firm identified pursuant to subdivision (b), the department shall terminate the negotiations with that firm and the department shall undertake negotiations with the next ranked firm that is available for performance. If a satisfactory contract cannot be negotiated with the second identified firm, the department shall terminate these negotiations and the department shall continue the negotiation process with the remaining qualified firms, in order of their ranking, until the department negotiates a satisfactory contract. (2) The department may award a contract to a firm on a prequalified list that is to be executed, including amendments, for a term that extends beyond the expiration date of that firm’s tenure on the prequalified list. (3) If the department is unable to negotiate a satisfactory contract with a firm on two separate occasions, the department may remove that firm from the prequalified list. (d) Once a satisfactory contract is negotiated and awarded to a firm from any prequalified list for a generic project category involving a site or facility investigation or characterization, a feasibility study, or a remedial design, for a specific response action or corrective action, including, but not limited to, a corrective action carried out pursuant to Section 25200.10, the department shall not enter into a contract with that firm for purposes of construction or implementation of any part of that same response action or corrective action. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78610.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department may issue guidelines or regulations for implementing this article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78610. The department may adopt guidelines or regulations as necessary and consistent with this article, to define the manner of advertising, generic project categories, type, quantity and cost of services, qualification standards and evaluation criteria, content and submittal requirements for statements of qualification, procedures for ranking of firms and administration of the prequalified list, the scope of matters addressed by participation on a prequalified list, manner of notification of, negotiation with, and awarding of contracts to, prequalified firms, and procedures for protesting the award of contracts under this article, or any other matter that is appropriate for implementation of this article. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78615.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Department removal or remedial actions under Sections 78870 or 78875 are exempt from this article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78615. Any removal or remedial action taken or contracted by the department pursuant to Section 78870 or 78875 is exempt from this article. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78620.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

This section says the article does not exempt any contract from complying with a specified Government Code article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 3. General Powers and Duties [78400 - 78620] ( Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Contracting [78590 - 78620] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 Government Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78650.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Powers of Director [78650 - 78665] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

If the director determines a hazardous substance release has happened or is about to happen, the director may investigate and gather information, and may also conduct studies needed to plan response actions, recover costs, and enforce this part.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Powers of Director [78650 - 78665] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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) Undertake those investigations, monitoring, surveys, testing, and other information gathering necessary to identify the existence, source, nature, and extent of the hazardous substances involved and the extent of danger to the public health or environment. (b) Undertake those planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations that are necessary or appropriate to plan and direct response actions, to recover the cost of those actions, and to enforce this part. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78655.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Powers of Director [78650 - 78665] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The director may order or arrange hazardous substance cleanup actions when there is a release or threatened release, and bidders on certain contracts must file a disclosure statement unless they are a federal, state, or local agency.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Powers of Director [78650 - 78665] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 removal or remedial action and may take or contract for any actions authorized by Section 78650, in compliance with the provisions of this part, including, but not limited to, subdivision (a) of Section 79130. (b) Any person bidding for a contract specified in subdivision (a) shall submit a disclosure statement, as specified by Section 25112.5, except for a federal, state, or local agency. The director may prohibit a person from bidding on such a contract if the director makes any of the following determinations: (1) The director determines, in writing, that the bidder, or, if the bidder is a business entity, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in or debt liability of that business entity, has engaged in activities resulting in any federal or state conviction that are significantly related to the fitness of the bidder to perform the bidder’s duties or activities under the contract. For purposes of this paragraph, “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the department may take pursuant to this subdivision relating to the department’s refusal to permit a person to bid on the contract may be based upon a conviction for which any of the following has occurred: (A) The time for appeal has elapsed. (B) The judgment of conviction has been affirmed on appeal. (C) Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (2) The director determines, in writing, that the bidder, or, if the bidder is a business entity, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in or debt liability of that business entity, has violated or failed to comply with this part, Chapter 6.5 (commencing with Section 25100) or Chapter 6.7 (commencing with Section 25280) of Division 20, the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), the federal Hazardous Materials Transportation Authorization Act of 1994, as amended (49 U.S.C. Sec. 5101 et seq.), the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.), the federal Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in subdivision (a) of Section 78075, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or failure to comply shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment. (3) The director determines, in writing, that the bidder has had a license, permit, or registration for the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste or hazardous substances revoked or suspended. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78660.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Powers of Director [78650 - 78665] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
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The director may ask the Attorney General to seek relief to stop a hazardous substance release, and the court may issue restraining orders or injunctions in these cases.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Powers of Director [78650 - 78665] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 necessary from the responsible party to abate the release or threatened release. The superior court of the county in which the release or threatened release occurs has jurisdiction to grant the relief that the public interest and equities of the case may require to protect the public health and safety and the environment. Upon a showing by the department that a release or threatened release of a hazardous substance has occurred or is occurring, and that there may be an imminent or substantial endangerment to the public health and safety or to the environment, the court may grant a temporary restraining order or a preliminary or permanent injunction. (b) Upon the failure of any person to comply with any order issued by the department pursuant to this article, Section 78870, or Section 79055, the director may request the Attorney General to petition the superior court for the issuance of an injunction requiring that person to comply with the order. The superior court shall have jurisdiction to grant a temporary restraining order or a preliminary or permanent injunction. (c) In any civil action brought pursuant to this part in which a temporary restraining order or a preliminary or permanent injunction is sought, the department shall prove that the defendant is a responsible party and that there is a release or threatened release of a hazardous substance. It shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order or the preliminary or permanent injunction not be issued, or that the remedy at law is inadequate. The temporary restraining order or the preliminary or permanent injunction shall issue without those allegations and without that proof. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78665.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Powers of Director [78650 - 78665] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
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A person who, without sufficient cause, refuses or prevents an authorized activity under this article or Section 78870 is liable for a civil penalty.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Powers of Director [78650 - 78665] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 penalty not to exceed twenty-five thousand dollars ($25,000) for each separate violation, or for continuing violations, for each day during which that violation continues. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78675.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Reporting Requirement [78675 - 78680] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
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A person must not release, or allow or cause the release of, a reportable quantity of hazardous substance into the environment unless state law authorizes it. A release of a reportable quantity must be reported in writing to the department within 30 days of discovery, unless an exception applies.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Reporting Requirement [78675 - 78680] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 permitted pursuant to state law. (b) Any release of a reportable quantity of hazardous substance shall be reported to the department in writing within 30 days of discovery, unless any of the following apply: (1) The release is permitted or in the permit process. (2) The release is authorized by state law. (3) The release requires immediate reporting to the Office of Emergency Services pursuant to Section 11002 or 11004 of Title 42 of the United States Code, or pursuant to Section 25510. (4) The release has previously been reported to the department or the Office of Emergency Services. (5) The release occurred prior to January 1, 1994. (c) For the purposes of this article, “reportable quantity” means either of the following: (1) The quantity of a hazardous substance established in Part 302 (commencing with Section 302.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations, the release of which requires notification pursuant to that part. (2) Any quantity of a hazardous substance that is not reportable pursuant to paragraph (1), but that may pose a significant threat to public health and safety or to the environment. The department may establish guidelines for determining which releases are reportable under this paragraph. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78680.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Reporting Requirement [78675 - 78680] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
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If a reportable release is not reported in writing, the property owner or person responsible may face a civil penalty, and the responsible party may also be charged emergency response costs.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Reporting Requirement [78675 - 78680] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 written report required by subdivision (b) of Section 78675, shall be liable for a penalty not to exceed twenty-five thousand dollars ($25,000) for each separate violation and for each day that a violation continues. Each day on which the released hazardous substance remains is a separate violation unless the person has either filed the report or is in compliance with an order issued by a local, state, or federal agency with regard to the release. (b) Liability under this article may be imposed in a civil action or may be administratively imposed by the department pursuant to Article 4 (commencing with Section 79590) of Chapter 7. (c) If the violation of subdivision (b) of Section 78675 results in, or significantly contributes to, an emergency, including, but not limited to, a fire, to which a county, city, or district is required to respond, the responsible party may be assessed the full cost of the emergency response by the city, county, or district. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78700.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Disclosure Requirement [78700 - 78705] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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Owners of nonresidential real property must give written notice to a buyer, lessee, or renter before selling, leasing, or renting if they know or have reason to believe a hazardous substance release is on or beneath the property.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Disclosure Requirement [78700 - 78705] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 beneath that real property shall, prior to the sale, lease, or rental of the real property by that owner, give written notice of that condition to the buyer, lessee, or renter of the real property. Failure of the owner to provide written notice when required by this section to the buyer, lessee, or renter shall subject the owner to actual damages and any other remedies provided by law. In addition, where the owner has actual knowledge of the presence of any release of a material amount of a hazardous substance and knowingly and willfully fails to provide written notice to the buyer, lessee, or renter, as required by this section, the owner is liable for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78705.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Disclosure Requirement [78700 - 78705] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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A lessee or renter who knows, or has reason to believe, that a hazardous substance release is or will be on the property must give written notice to the owner or lessor within a reasonable time.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Disclosure Requirement [78700 - 78705] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 located on or beneath that real property shall, within a reasonable period of time, either prior to the release or following the discovery by the lessee or renter of the presence or believed presence of the hazardous substance release, give written notice of that condition to the owner of the real property or to the lessor under the lessee’s or renter’s lease or rental agreement. (a) A lessee or renter who fails to provide written notice when required by this section to the owner or lessor is subject to actual damages and any other remedy provided by law. (b) If the lessee or renter has knowledge of the presence of a release of a material amount of a hazardous substance, or of a hazardous substance release that is required to be reported to a state or local agency pursuant to law, on or under the real property leased or rented by the lessee or renter and knowingly and willfully fails to provide written notice when required by this section to the owner or lessor, both of the following shall apply: (1) The failure is deemed to constitute a default, upon the owner’s or lessor’s written notice to the lessee or renter, under the lessee’s or renter’s lease or rental agreement, except that this paragraph does not apply to lessees and renters of property used exclusively for residential purposes. (2) The lessee or renter is liable for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation. (c) A lessee or renter may cure a default under the lessee’s or renter’s lease or rental agreement that resulted from a violation of this section, by promptly commencing and completing the removal of, or taking other appropriate remedial action with respect to, the hazardous substance release. The removal or remedial action shall be conducted in accordance with all applicable laws and regulations and in a manner that is reasonably acceptable to, and that is approved in writing by, the owner or lessor. This subdivision does not relieve the lessee or renter of any liability for actual damages or for any civil penalty for a violation of this section. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78720.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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If a hazardous substance has been released at a site and certain risk conditions are met, the department or a county health officer must order the property owner to secure the site.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 site, the department or a county health officer shall order the property owner to secure the site if all of the following conditions apply to that site: (a) The release does not comply with the terms of a current permit or interim status document or regulation of the department. (b) The site poses a public health risk if human contact is made with the hazardous substance or the surrounding contaminated area. (c) There is a likelihood of human or domestic animal contact. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78725.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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An order to secure a hazardous substance site must require signs within 5 days, and fencing within 5 days unless fencing is infeasible or unnecessary for public-health reasons.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 also require, within five days after receiving notification of the order, that the site be enclosed with a fence, unless it is physically and economically infeasible or unless the fencing is unnecessary because it will not alleviate the danger to the public health. (b) If fencing is ordered, the fences shall be maintained at the site to prevent unauthorized persons from gaining access to the site. The signs shall be maintained and shall meet all of the following requirements: (1) The signs shall be bilingual, appropriate to the local area, and may include international symbols, as required by the department. (2) The signs shall have lettering that is legible from a distance of at least 25 feet. (3) The signs shall read: “Caution: Hazardous Substance Area, Unauthorized Persons Keep Out” and shall have the name and phone number of the department or the county health officer that ordered the posting. (4) The signs shall be visible from the surrounding contaminated area and posted at each route of entry into the site, including those routes that are likely to be used by unauthorized persons, at access roads leading to the site, and facing navigable waterways where appropriate. (5) The signs shall be of a material able to withstand the elements. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78730.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department or county health officer must advise other agencies about public health risks and the need to fence and post sites after a hazardous substance release is confirmed.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 agencies confirm the release of a hazardous substance pursuant to Section 78720. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78735.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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A property owner who ignores an order from the department or county health officer can be fined up to $25,000. If the owner does not secure and post the site, the department or county health officer must do it and later try to recover the costs.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 thousand dollars ($25,000). In determining the amount of a civil penalty to be imposed, the court shall consider all relevant circumstances, including, but not limited to, the economic assets of the property owner and whether the property owner has acted in good faith. (b) If the property owner fails to secure and post the site, the department or the county health officer shall secure and post the site pursuant to subdivision (a) of Section 78725 within 30 days of the expiration of the five-day period and shall seek recovery of the costs of that securing and posting from the property owner. If the site is an abandoned site, as defined in Section 78505, if the site cannot be traced to a specific owner, or if the owner is the subject of an order for relief in bankruptcy, the department or the county health officer shall secure and post the site, using any source of funds, pursuant to subdivision (a) of Section 78725. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78740.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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The article’s remedies and penalties are additional to other remedies, enforcement actions, requirements, or penalties allowed by law, and they do not change those other legal options.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Securing Site of Release [78720 - 78740] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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, requirements, or penalties otherwise authorized by law. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78760.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must publish, update, and make public a list of hazardous substance release sites at least once a year.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 action under this part. (b) The department shall list the sites based upon the criteria adopted pursuant to Section 78765 and the extent to which deferral of a response action at a site will result, or is likely to result, in a rapid increase in response costs at the site or in a significant increase in risk to human health or safety or the environment. (c) The department shall list sites alphabetically within each priority tier, as specified in Section 78770, and shall update the list of sites at least annually to reflect new information regarding previously listed sites or the addition of new sites requiring response actions. (d) The list of sites established pursuant to this section shall be published by the department and made available to the public or any interested person upon request and without cost. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78765.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must adopt regulations setting criteria for choosing hazardous substance release sites for response actions, and those criteria must consider public health, safety, and environmental factors.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 criteria shall take into account pertinent factors relating to public health, safety, and the environment. The pertinent factors shall include, but are not necessarily limited to, potential hazards to public health, safety, or the environment, the risk of fire or explosion, and toxic hazards, and shall also include the criteria established pursuant to Section 105(a)(8) of the federal act (42 U.S.C. Sec. 9605(a)(8)). (b) The criteria adopted pursuant to subdivision (a) may include a minimum hazard threshold, below which sites shall not be listed pursuant to this article, if the sites are subject to the authority of the department to order a response action, or similar action, pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78770.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must assign each listed site to a priority tier.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 relative hazard of listed sites: (a) “Priority tier one” shall include any site that the department determines, using the criteria described in Section 78760, meets any of the following conditions: (1) The site may pose a known or probable threat to public health or safety through direct human contact. (2) The site may pose a substantial probability of explosion or a fire or a significant risk due to hazardous air emissions. (3) The site has a high potential to contaminate or to continue to contaminate groundwater resources that are present or possible future sources of drinking water. (4) There is a risk that the costs of a response action will increase rapidly or risks to human health or safety or the environment will increase significantly if response action is deferred. (b) “Priority tier two” shall include any site that poses a substantial but less immediate threat to public health or safety or the environment and any site that will require a response action, but presents only a limited and defined threat to human health or safety or the environment. Priority tier two may contain sites previously listed in priority tier one if the department determines that direct threats to human health or safety have been removed and if physical deterioration of the site has been stabilized so that threats to the environment are not significantly increasing. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78775.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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Listed hazardous substance release sites are subject to this part, and response actions at those sites must follow the procedures, standards, and other requirements in this part or set under it.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 hazardous substance releases or threatened releases at listed sites shall comply with the procedures, standards, and other requirements set forth in this part or established pursuant to the requirements of this part. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78780.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must spend appropriated response-action funds and carry out response actions in line with the site priority tiers, unless subdivision (b) applies.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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, and shall take all response action pursuant to this part, in conformance with the assignment of sites to priority tiers pursuant to Section 78770. (b) The department may expend funds appropriated for a response action and take a response action, without conforming to the listing of sites by tier pursuant to Section 78770, or at a site that has not been listed pursuant to Section 78760, if any of the following apply: (1) The department is monitoring a response action conducted by a responsible party at a site listed pursuant to Section 78760 or at a site that is not listed but is being voluntarily remediated by a responsible party or another person. (2) The expenditure of funds is necessary to pay for the state share of a response action pursuant to Section 104(c)(3) of the federal act (42 U.S.C. Sec. 9604(c)(3)). (3) The department is assessing, evaluating, and characterizing the nature and extent of a hazardous substance release at a site for which the department has not been able to identify a responsible party, the responsible party is defunct or insolvent, or the responsible party is not in compliance with an order issued, or an enforceable agreement entered into, pursuant to Section 79055. (4) The department is carrying out activities pursuant to Section 79065 or subdivision (b) or (c) of Section 79060. (c) The department may, at any one time, expend funds and take a response action at more than one site on the list established pursuant to Section 78760. In addition, the department may, at any one time, oversee the performance of any activities conducted by a responsible party on more than one site on the list established pursuant to Section 78760. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78785.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department is not required to characterize every listed site before starting response actions there.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 sites. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78790.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department, or sometimes the regional board, must ensure required response actions at a listed hazardous substance release site are carried out in compliance with the part’s procedures and standards.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 hazardous substance release or threatened release at a listed site is carried out in compliance with the procedures, standards, and other requirements set forth in this part, and shall, as appropriate, coordinate the involvement of interested or affected agencies in the response action. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78795.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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Some department actions in this article are exempt from Chapter 3.5, but adopting the criteria under Section 78760 remains subject to Chapter 3.5.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 4. Releases of Hazardous Substances [78650 - 78795] ( Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Listing of Hazardous Substance Release Sites [78760 - 78795] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 sites pursuant to Section 78760, and the assignment of sites to a tier pursuant to Section 78770, including the classification of a site as within a minimum threshold pursuant to Section 78770, are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The adoption of the criteria used by the department pursuant to Section 78760 to determine the extent to which deferral of a response action at a site will result, or is likely to result, in a rapid increase in response costs at a site or in a significant increase in risk to human health or safety or the environment is subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78850.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [78850 - 78860] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
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The Governor must coordinate all state response actions for certain sites to help maximize available federal funds.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [78850 - 78860] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 in order to assure the maximum use of available federal funds. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78855.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [78850 - 78860] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
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Certain response-action costs qualify for legislative appropriation and expenditure only when they match the national contingency plan rules, with a separate consistency standard for other or partially addressed response actions.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [78850 - 78860] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 regulations contained in the national contingency plan, as revised and republished pursuant to Section 105 of the federal act (42 U.S.C. Sec. 9605), shall qualify for appropriation by the Legislature and expenditure by the director pursuant to Sections 78240, 78875, and 79450. (b) For response actions not taken pursuant to the federal act or for response actions taken that are not specifically addressed by the priorities, guidelines, criteria, and regulations contained in the national contingency plan, as revised and republished, the costs of the response actions shall also qualify for appropriation by the Legislature and expenditure by the department pursuant to Sections 78240, 78875, and 79450 provided they are, to the maximum extent possible, consistent with the priorities, guidelines, criteria, and regulations contained in the national contingency plan for similar releases, situations, or events. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78860.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [78850 - 78860] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department or regional or local agencies must not duplicate federal response actions when taking response actions under this part.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [78850 - 78860] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78860. No response actions taken pursuant to this part by the department or regional or local agencies shall duplicate federal response actions. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78870.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Rules for Specified Circumstances [78870 - 78885] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
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If the director finds a release or threatened release of a hazardous substance may cause imminent or substantial danger, the director may order cleanup or payment, do the cleanup, or seek court relief.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Rules for Specified Circumstances [78870 - 78885] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 release or a threatened release of a hazardous substance, the director may do any or all of the following: (a) Order any responsible party to take or pay for appropriate removal or remedial action necessary to protect the public health and safety and the environment. No order under this section shall be made to an owner of real property solely on the basis of that ownership as specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)). The director shall give the responsible party an opportunity to assert all defenses to the order. (b) Take or contract for any necessary removal or remedial action. (c) Request the Attorney General to secure relief as may be necessary from the responsible party to abate the danger or threat. The superior court of the county in which the threat or danger occurs shall have jurisdiction to grant the relief the public interest and equities of the case may require to protect public health and welfare and the environment. Upon a showing by the department that a release or threatened release of a hazardous substance has occurred or is occurring, and that there may be an imminent or substantial endangerment to the public health and safety or to the environment, the court may grant a temporary restraining order or a preliminary or permanent injunction pursuant to subdivision (a) of Section 78660. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78875.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Rules for Specified Circumstances [78870 - 78885] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department may use reserve-account money only for immediate corrective action for hazardous-substance emergencies, and it may use written or limited oral contracts to carry out that work.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Rules for Specified Circumstances [78870 - 78885] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 taking immediate corrective action necessary to remedy or prevent an emergency resulting from a fire or an explosion of, or human exposure to, hazardous substances caused by the release or threatened release of a hazardous substance. (b) (1) Notwithstanding any other provision of law, the department may enter into written contracts for corrective action taken or to be taken pursuant to subdivision (a). (2) Notwithstanding any other provision of law, the department may enter into oral contracts, not to exceed ten thousand dollars ($10,000) in obligation, when, in the judgment of the department, immediate corrective action is necessary to remedy or prevent an emergency specified in subdivision (a). (3) The contracts made pursuant to this subdivision, whether written or oral, may include provisions for the rental of tools or equipment, either with or without operators furnished, and for the furnishing of labor and materials necessary to accomplish the work. (4) If the department finds that the corrective action includes the relocation of individuals, the department may contract with those individuals for out-of-pocket expenses incurred in moving for an amount of not more than one thousand dollars ($1,000). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78880.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Rules for Specified Circumstances [78870 - 78885] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Department removal or remedial actions under Sections 78870 or 78875 are exempt from specified procurement and related code provisions.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Rules for Specified Circumstances [78870 - 78885] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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: (a) State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code). (b) Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (c) Section 10295 of the Public Contract Code. (d) Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78885.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Rules for Specified Circumstances [78870 - 78885] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department may prequalify bidders for certain cleanup actions and may require information to rate bidders.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Rules for Specified Circumstances [78870 - 78885] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 prospective bidder that has not been prequalified. (b) To prequalify bidders, the department shall adopt and apply a uniform system of rating bidders. In order to obtain information for that rating, the department may require from prospective bidders answers to questions, including, but not limited to, questions about the bidder’s financial ability, the bidder’s experience in removal and remedial action involving hazardous substances, the bidder’s past safety record, and the bidder’s past performance on federal, state, or local government projects. The department may also require prospective bidders to submit financial statements. (c) The department shall utilize the business financial data and information submitted by a bidder pursuant to subdivision (b) only for the purposes of prequalifying bidders pursuant to this section and shall not otherwise disseminate this data or information. (d) The system of rating bidders may be adopted by the department as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, when these regulations are adopted as emergency regulations pursuant to Section 11349.6 of the Government Code, the regulations shall be deemed to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. It is the intent of the Legislature that emergency regulations adopted pursuant to this subdivision shall remain in effect until the regulations are adopted as final regulations, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78890.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2.5. Department Obligations [78890 - 78895] ( Article 2.5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must, where feasible, include at least some fixed-price contracting in hazardous substance cleanup contracts.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2.5. Department Obligations [78890 - 78895] ( Article 2.5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 (commencing with Section 25100) of Division 20, the department shall, wherever feasible, at least partially incorporate fixed-price contracting to protect against high costs and to ensure the best value pricing for the department. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78895.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2.5. Department Obligations [78890 - 78895] ( Article 2.5 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must set cleanup performance milestones and publish accessible cleanup information on its website.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2.5. Department Obligations [78890 - 78895] ( Article 2.5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 with Section 25100) of Division 20, the department shall do both of the following: (a) Establish performance milestones to ensure that the cleanups are performed at the appropriate pace. (b) Make available on the department’s internet website easily accessible information about the cleanups, including all of the following for each cleanup: (1) The address of the site at which the cleanup is taking place. (2) The nature of the contamination. (3) The proposal to clean up the contamination, when available. (4) The estimated or actual time for review of the cleanup proposal. (5) Performance milestones for the cleanup established pursuant to subdivision (a). (6) A link to more detailed information on the cleanup in the department’s EnviroStor database. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78900.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Referral of Site to Department by State or Regional Board [78900 - 78910] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

A state board or regional board may refer a hazardous substance release site to the department for listing, and the department may then list the site and set its priority ranking if the site meets the adopted criteria.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Referral of Site to Department by State or Regional Board [78900 - 78910] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 Water Code may refer the site to the department as a candidate for listing pursuant to Article 5 (commencing with Section 78760) of Chapter 4. After determining that the site meets the criteria adopted pursuant to Section 78765, the department may place the site on the list of sites subject to this part and establish its priority ranking pursuant to Article 5 (commencing with Section 78760) of Chapter 4. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78905.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Referral of Site to Department by State or Regional Board [78900 - 78910] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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If a hazardous substance release site is referred to the department and listed under Section 78900, the department may use state account money for cleanup or remedial work, after legislative appropriation, without first issuing a separate order or agreement if specified board actions and notices have occurred.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Referral of Site to Department by State or Regional Board [78900 - 78910] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 account for removal or remedial action at the site, upon appropriation by the Legislature, without first issuing an order or entering into an agreement pursuant to paragraph (1) of subdivision (a) of Section 79055, if all of the following apply: (a) The state board or a regional board has issued either a cease and desist order pursuant to Section 13301 of the Water Code or a cleanup and abatement order pursuant to Section 13304 of the Water Code to the potentially responsible party for the site. (b) The state board or the regional board has made a final finding that the potentially responsible party has not complied with the order issued pursuant to subdivision (a). (c) The state board or the regional board has notified the potentially responsible party of the determination made pursuant to subdivision (b) and that the hazardous substance release site has been referred to the department pursuant to Section 78900. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78910.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Referral of Site to Department by State or Regional Board [78900 - 78910] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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If a referred hazardous substance release site does not meet criteria or will not begin cleanup for a year, the department must notify the regional board and state board.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Referral of Site to Department by State or Regional Board [78900 - 78910] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 determinations, the department shall notify the appropriate regional board and the state board: (1) The department determines that the site does not meet the criteria established pursuant to Section 78765 and the site cannot be placed, pursuant to Article 5 (commencing with Section 78760) of Chapter 4, on the list of sites subject to this part. (2) The department determines that a removal or remedial action at the site will not commence for a period of one year from the date of listing due to a lack of funds or the low priority of the site. (b) If a regional board or the state board receives a notice pursuant to subdivision (a), the regional board or state board may take any further action concerning the hazardous substance release site that the regional board or state board determines to be necessary or feasible, and that is authorized by this part or Division 7 (commencing with Section 13000) of the Water Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78925.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Public Participation [78925 - 78935] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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Community service offices must help communicate between the department or regional board, responsible parties, and the affected community for certain hazardous substance release sites.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Public Participation [78925 - 78935] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 investigate or remediate the site, the community service offices shall facilitate communication between the department or regional board, the responsible parties, and the affected community, including any community advisory group that may have been formed in the community where the hazardous substance release site is located. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78930.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Public Participation [78925 - 78935] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department or regional board must give the public meaningful participation opportunities for certain hazardous substance response actions, including notice, information, meetings, surveys, and public involvement at key stages.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Public Participation [78925 - 78935] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 participation in response actions undertaken for sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4. (b) The department, or the regional board, as appropriate, shall inform the public, and in particular, persons living in close proximity to a hazardous substance release site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4, of the existence of the site and the department’s or regional board’s intention to conduct a response action at the site. (c) (1) The department shall conduct a baseline community survey to determine the level of public interest and desire for involvement in the department’s or regional board’s activities, and to solicit concerns and information regarding the site from the affected community. (2) Based on the results of the baseline survey, the department or regional board shall develop a public participation plan that shall establish appropriate communication and outreach measures commensurate with the level of interest expressed by survey respondents. The public participation plan shall be updated as necessary to reflect any significant changes in the degree of public interest as the site investigation and cleanup process moves toward completion. (d) The department or regional board shall provide any person affected by a response action undertaken for sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 with the opportunity to participate in the department’s or regional board’s decisionmaking process regarding that action by taking all of the following actions: (1) Provide access to information that the department or regional board is required to release pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), relating to the action, except for the following: (A) Trade secrets, as defined in Section 78480. (B) Business financial data and information, as specified in subdivision (c) of Section 78885. (C) Information that the department or regional board is prohibited from releasing pursuant to any state or federal law. (2) Provide factsheets, based on the expressed level of public interest, regarding plans to conduct the major elements of the site investigation and response actions. The factsheets shall present the relevant information in nontechnical language and shall be detailed enough to provide interested persons with a good understanding of the planned activities. The factsheets shall be made available in languages other than English if appropriate. (3) Provide notification, upon request, of any public meetings held by the department or regional board concerning the action. (4) Provide the opportunity to attend and to participate at those public meetings. (5) Based on the results of the baseline community survey, provide opportunities for public involvement at key stages of the response action process, including the health risk assessment, the preliminary assessment, the site inspection, the remedial investigation, and the feasibility study stages of the process. If the department or regional board determines that public meetings or other opportunities for public comment are not appropriate at any of the stages listed in this section, the department or regional board shall provide notice of that decision to the affected community. (e) The department or regional board shall develop and make available to the public a schedule of activities for each site for which remedial action is expected to be taken by the department or regional board pursuant to this part and shall make available to the public any plan provided to the department or regional board by any responsible party, unless the department is prohibited from releasing the information pursuant to any state or federal law. (f) In making decisions regarding the methods to be used for removal or remedial actions taken pursuant to this part, the department or regional board shall incorporate or respond in writing to the advice of persons affected by the actions. (g) This section does not apply to emergency actions taken pursuant to Section 78875. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78935.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Public Participation [78925 - 78935] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department or regional board must notify certain local environmental agencies about planned response actions and give them a chance to review and comment.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Public Participation [78925 - 78935] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78935. The department or regional board shall advise local environmental regulatory agencies and other appropriate local agencies of planned response actions and provide opportunities for review and comment. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78950.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

A community advisory group may be created by the affected community at each site, and the department or regional board must help set one up if it receives either a qualifying petition or a resolution from the local legislative body.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 be conducted in that community. (b) (1) If the department or regional board, whichever is overseeing a response action, receives a petition signed by at least 50 members of a community affected by the response action at a site, the department or regional board shall assist the petitioners to establish a community advisory group to review the response action at the site. (2) If the department or regional board, whichever is overseeing a response action, receives a resolution adopted by the legislative body of the jurisdiction within which the response action has been or will be initiated, the department or regional board shall assist the legislative body to establish a community advisory group to review the response action at the site. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78955.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
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Each community advisory group must, as far as possible, reflect the affected community and its diversity by including the listed kinds of local people.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 of the community by including all of the following types of individuals on the community advisory group: (a) Persons owning or residing on property located near the hazardous substance release site or in an adjacent community, or other persons who may be directly affected by the response action. (b) Individuals from the local business community. (c) Local political or government agency representatives. (d) Local citizen, civic, environmental, or public interest group members residing in the community. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78960.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department or regional board must regularly communicate and confer, as appropriate, with the community advisory group.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78960. The department or regional board shall regularly communicate, and confer as appropriate, with the community advisory group. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78965.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Certain entities may participate in community advisory group meetings to provide information and technical expertise.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78965. The following entities may participate in community advisory group meetings in order to provide information and technical expertise: (a) The department or regional boards. (b) Representatives of local environmental regulatory agencies. (c) The potentially responsible parties or other persons who are conducting the response action. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78970.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

A community advisory group does not reduce the department’s or regional board’s public participation obligations.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 participation requirements specified in Section 78930. (b) Nothing in this article shall affect the status of any citizen advisory group formed before May 26, 1999, a federal Department of Defense Restoration Advisory Board, or a federal Department of Energy Advisory Board. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
78975.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

A qualifying community advisory group may ask in writing for a technical assistance grant for a site, and a potentially responsible party may fund that grant.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Community Advisory Groups [78950 - 78975] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78975. A community advisory group established pursuant to Section 78950 may request, in writing, and a potentially responsible party may fund, a technical assistance grant for a site, for the purpose of providing technical assistance to the community advisory group. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7900.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

After remains are ordered removed and notice is published, the cemetery authority may sell, mortgage, or otherwise encumber certain cemetery portions as security for loans.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 7900. Whenever human remains have been ordered removed under this chapter, and the cemetery authority has made and published notice of intention to remove such remains, the portions of the cemetery in which no interments have been made, and those portions from which all human remains have been removed, may be sold, mortgaged, or otherwise encumbered as security for any loan or loans made to the cemetery authority. (Enacted by Stats. 1939, Ch. 60.)
79000.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Oversight and Review of Responsible Party Actions [79000 - 79005] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department and the state board must set policies and procedures for how department representatives oversee responsible parties at hazardous substance release sites.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Oversight and Review of Responsible Party Actions [79000 - 79005] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79000. The department and the state board concurrently shall establish policies and procedures consistent with this part that the department’s representatives shall follow in overseeing and supervising the activities of responsible parties who are carrying out the investigation of, and taking removal or remedial actions at, hazardous substance release sites. The policies and procedures shall be consistent with the policies and procedures established pursuant to Section 13307 of the Water Code, and shall include, but are not limited to, all of the following: (a) The procedures the department will follow in making decisions as to when a potentially responsible party may be required to undertake an investigation to determine if a hazardous substance release has occurred. (b) Policies for carrying out a phased, step-by-step investigation to determine the nature and extent of possible soil and groundwater contamination at a site. (c) Procedures for identifying and utilizing the most cost-effective methods for detecting contamination and carrying out removal or remedial actions. (d) Policies for determining reasonable schedules for investigation and removal or remedial action at a site. The policies shall recognize the dangers to public health and the environment posed by a release and the need to mitigate those dangers, while taking into account, to the extent possible, the financial and technical resources available to a responsible party. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79005.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Oversight and Review of Responsible Party Actions [79000 - 79005] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )
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People may enter an enforceable agreement with the department for oversight of certain petroleum-release cleanup actions, and the department must notify the regional board if water quality may be affected.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Oversight and Review of Responsible Party Actions [79000 - 79005] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79005. (a) Notwithstanding paragraph (1) of subdivision (b) of Section 78075, any person may voluntarily enter into an enforceable agreement with the department pursuant to this section that allows removal or remedial actions to be conducted under the oversight of the department at sites with petroleum releases from sources other than underground storage tanks, as defined in Section 25299.24. (b) If the department determines that there may be an adverse impact to water quality as a result of a petroleum release, the department shall notify the appropriate regional board prior to entering into the enforceable agreement pursuant to this section. The department may enter into an enforceable agreement pursuant to this section unless, within 60 days of the notification provided by the department, the regional board provides the department with a written notice that the regional board will assume oversight responsibility for the removal or remedial action. (c) Agreements entered into pursuant to this section shall provide that the party will reimburse the department for all costs incurred, including, but not limited to, oversight costs pursuant to the enforceable agreement associated with the performance of the removal or remedial actions and Chapter 6.66 (commencing with Section 25269) of Division 20. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7901.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. )
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Cemetery land sales, mortgages, or other encumbrances do not need a court order first, but sales by a cemetery corporation or association controlled by a governing body must be fair, use a fair and reasonable price, and be confirmed by the county superior court.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 7901. No order of any court shall be required prior to the making of any such sale, mortgage, or other encumbrance of such lands; but any sale of such cemetery lands made by any cemetery corporation or association controlled by a governing body shall be fairly conducted and the price paid shall be fair and reasonable and all such sales shall be confirmed, as to the fairness and reasonableness of the price paid, by the superior court of the county in which the lands are situated. (Enacted by Stats. 1939, Ch. 60.)
7902.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. )
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Petitions for confirmation of sales must be filed with the superior court where the land is located, and the court clerk must set a hearing date and give notice as required by Probate Code Section 1230.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 7902. Petitions for confirmation of sales shall be made to the superior court of the county or city and county in which the lands are situated, and the clerk of the court shall fix a day for and give notice of hearing in accordance with the provisions of Section 1230 of the Probate Code. (Amended by Stats. 1988, Ch. 113, Sec. 11. Effective May 25, 1988. Section operative July 1, 1988, by its own provisions.)
79020.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Orders to Potentially Responsible Parties [79020 - 79035] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )
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When acting at a hazardous substance release site under the cited sections, the department must issue orders to the largest manageable number of potentially responsible parties.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Orders to Potentially Responsible Parties [79020 - 79035] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 manageable number of potentially responsible parties after considering all of the following: (a) The adequacy of the evidence of each potentially responsible party’s liability. (b) The financial viability of each potentially responsible party. (c) The relationship or contribution of each potentially responsible party to the release, or threat of release, of hazardous substances at the site. (d) The resources available to the department. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79025.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Orders to Potentially Responsible Parties [79020 - 79035] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must schedule a meeting and notify all identified potentially responsible parties of the meeting’s date, time, and location.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Orders to Potentially Responsible Parties [79020 - 79035] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 of the meeting. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7903.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. )
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If a cemetery authority made a good-faith sale agreement or option before an ordinance is adopted, the superior court must confirm the sale at the agreed price.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 7903. If prior to the adoption of an ordinance pursuant to this chapter any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its cemetery lands for a price reasonable at the time the agreement to sell was made, or the option granted, the superior court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy. (Enacted by Stats. 1939, Ch. 60.)
79030.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Orders to Potentially Responsible Parties [79020 - 79035] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )
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A person already subject to an order may ask the department to order additional potentially responsible parties for the site, but the request must include the factual and legal basis and supporting documentation.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Orders to Potentially Responsible Parties [79020 - 79035] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 applicable and may request the department to issue an order to those parties. The request shall include, with appropriate documentation, the factual and legal basis for identifying those parties as potentially responsible parties for the site. (b) The department shall review the request and accompanying information and, within a reasonable period of time, determine if there is a factual and legal basis for identifying other persons as potentially responsible parties, and notify the person that made the request of the action the department will take in response to the request. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79035.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Orders to Potentially Responsible Parties [79020 - 79035] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )
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Department determinations about certain potentially responsible party decisions under this article cannot be reviewed by a court.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Orders to Potentially Responsible Parties [79020 - 79035] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79035. Any determination made by the department regarding the largest manageable number of potentially responsible parties or the identification of other persons as potentially responsible parties pursuant to this article is not subject to judicial review. This section does not affect the rights of any potentially responsible party or the department under any other provision of this part. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7904.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. )
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After all human remains are removed from cemetery land, the cemetery authority may record a written declaration, and the declaration must be properly acknowledged.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 7904. After the removal of all human remains interred in any part or the whole of the cemetery lands, the cemetery authority may file for record in the office of the county recorder of the county or city and county in which the lands are situated a written declaration reciting that all human remains have been removed from the lands described in the declaration. The declaration shall be acknowledged in the manner of the acknowledgment of deeds to real property by the president and secretary, or other corresponding officers of the cemetery authority, or by the person owning or controlling the cemetery lands, and thereafter any deed, mortgage, or other conveyance of any part of such lands is conclusive evidence in favor of any grantee or mortgagee named in it, and his successor or assigns, of the fact of the complete removal of all human remains therefrom. (Enacted by Stats. 1939, Ch. 60.)
7905.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. )
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Cemetery lands may be reserved for a mausoleum or columbarium, but only with approval from the local governing body.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 7905. With the approval of the governing body of the city or city and county in which the cemetery lands are situated, sufficient lands may be reserved from any cemetery lands from which the human remains have been removed to erect a mausoleum or columbarium for the reinterment of disinterred remains, to provide sufficient grounds around it, and to preserve such historical vaults or monuments as the cemetery authority may determine to be proper or necessary. (Enacted by Stats. 1939, Ch. 60.)
79055.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department cannot spend state account money for cleanup at a selected site unless it first issues an order or enforceable agreement and makes a written noncompliance determination after notice and an opportunity to respond.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 inclusion on the list established pursuant to Article 5 (commencing with Section 78760) of Chapter 4, unless the department first takes both of the following actions: (1) The department issues one of the following orders or enters into the following agreement: (A) The department issues an order specifying a schedule for compliance or correction pursuant to Section 25187. (B) The department issues an order establishing a schedule for removing or remedying the release of a hazardous substance at the site, or for correcting the conditions that threaten the release of a hazardous substance. The order shall include, but is not limited to, requiring specific dates by which necessary corrective actions shall be taken to remove the threat of a release, or dates by which the nature and extent of a release shall be determined and the site adequately characterized, a remedial action plan shall be prepared, the remedial action plan shall be submitted to the department for approval, and a removal or remedial action shall be completed. (C) The department enters into an enforceable agreement with a potentially responsible party for the site that requires the party to take necessary corrective action to remove the threat of the release, or to determine the nature and extent of the release and adequately characterize the site, prepare a remedial action plan, and complete the necessary removal or remedial actions, as required in the approved remedial action plan. (2) The department determines, in writing, that the potentially responsible party or parties for the hazardous substance release site have not complied with all of the terms of an order issued pursuant to subparagraph (A) or (B) of paragraph (1) or an agreement entered into pursuant to subparagraph (C) of paragraph (1). Before the department determines that a potentially responsible party is not in compliance with the order or agreement, the department shall give the potentially responsible party written notice of the proposed determination and an opportunity to correct the noncompliance or show why the order should be modified. After the department has made the final determination that a potentially responsible party is not in compliance with the order or agreement, the department may expend money from the state account for a removal or remedial action. (b) Any enforceable agreement entered into pursuant to this section may provide for the execution and recording of a written instrument that imposes an easement, covenant, restriction, or servitude, or combination thereof, as appropriate, upon the present and future uses of the site. The instrument shall provide that the easement, covenant, restriction, or servitude, or combination thereof, as appropriate, is subject to the variance or removal procedures specified in Sections 25223 and 25224. Notwithstanding any other provision of law, an easement, covenant, restriction, or servitude, or any combination thereof, as appropriate, executed pursuant to this section and recorded so as to provide constructive notice runs with the land from the date of recordation, is binding upon all of the owners of the land, their heirs, successors, and assignees, and the agents, employees, or lessees of the owners, heirs, successors, and assignees, and is enforceable by the department pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5 of Division 20. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7906.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. )
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A superior court may remove the dedication from cemetery land after all remains have been removed, if the case is brought for that purpose and the court gets notice of hearing and satisfactory proof.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Disposal of Lands [7900 - 7906] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 7906. After all remains have been removed from a cemetery in accordance with Chapters 3 and 4, Part 2, Division VII of this code, the dedication may be removed from all or any part of such cemetery lands by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought for that purpose and upon notice of hearing and proof satisfactory to the court: (a) That all bodies have been removed, or that no interments were made; and (b) That the property is no longer used or required for interment purposes. (Added by Stats. 1939, Ch. 1032.)
79060.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Section 79055 does not apply, and state-account money may be used for removal or remedial actions when the listed conditions are met, subject to legislative appropriation.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 any of the following conditions apply: (a) The department, after a reasonable effort, is unable to identify a potentially responsible party for the hazardous substance release site. (b) The department determines that immediate corrective action is necessary, as provided in Section 78875. (c) The director determines that removal or remedial action at a site is necessary because there may be an imminent and substantial endangerment to the public health or welfare or to the environment, as provided in Section 78870. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79065.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department may spend state-account funds, if the Legislature appropriates them, for hazardous substance release verification, orders or enforceable agreements, plan review, and site oversight or the state share of certain federal response actions.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79065. (a) Notwithstanding Section 79055, the department may expend funds, upon appropriation by the Legislature, from the state account to conduct activities necessary to verify that an uncontrolled release of hazardous substances has occurred at a suspected hazardous substance release site, to issue an order or enter into an enforceable agreement pursuant to paragraph (1) of subdivision (a) of Section 79055, and to review, comment upon, and approve or disapprove remedial action plans submitted by potentially responsible parties subject to the orders or the enforceable agreement. (b) Notwithstanding Section 79055, the department may expend funds, upon appropriation by the Legislature, from the state account, to provide for oversight of removal and remedial actions, or, if the site is also listed on the National Priorities List by the United States Environmental Protection Agency pursuant to the federal act, to provide the state’s share of a response action pursuant to Section 104(c)(3) of the federal act (42 U.S.C. Sec. 9604(c)(3)). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79070.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department is restricted from using state account funds for certain hazardous substance cleanup actions, but may use them in specific local-agency cases and for oversight when the Legislature appropriates funds.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 hazardous substance release site owned or operated by the federal government or a state or local agency at the time of disposal to the extent that the federal government or the state or local agency would otherwise be liable for the costs of that action, except that the department may expend those funds, upon appropriation by the Legislature, to oversee the carrying out of a removal or remedial action at the site by another party. (b) Except as provided in subdivision (d), the department may expend funds from the state account, upon appropriation by the Legislature, to take a removal or remedial action at a hazardous substance release site that was owned or operated by a local agency at the time of release, if all of the following requirements are met: (1) The department has substantial evidence that a local agency is not the only responsible party for the site. (2) The department has issued a cleanup order to, or entered into an enforceable agreement with, the local agency pursuant to Section 79055 and has made a final determination that the local agency is not in compliance with the order or enforceable agreement. (c) If a local agency is identified as a potentially responsible party in a remedial action plan prepared pursuant to Article 12 (commencing with Section 79195), and the department expends funds pursuant to this part to pay for the local agency’s share of the removal and remedial action, the expenditure of these funds shall be deemed to be a loan from the state to the local agency. If the department determines that the local agency is not making adequate progress toward repaying the loan made pursuant to this section, the California Department of Tax and Fee Administration shall, upon notice by the department, withhold the unpaid amount of the loan, in increments from the sales and use tax transmittals made pursuant to Section 7204 of the Revenue and Taxation Code, to the city or county in which the local agency is located. The California Department of Tax and Fee Administration shall structure the amounts to be withheld so that complete repayment of the loan, together with interest and administrative charges, occurs within five years after a local agency has been notified by the department of the amount that it owes. The California Department of Tax and Fee Administration shall deposit any funds withheld pursuant to this section into the state account. (d) The department may not expend funds from the state account for a removal or remedial action at any waste management unit owned or operated by a local agency if it meets both of the following conditions: (1) It is classified as a class III waste management unit pursuant to Article 3 (commencing with Section 20240) of Subchapter 2 of Chapter 3 of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations. (2) It was in operation on or after January 1, 1988. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79075.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must not spend state account funds for the purposes in Section 79450 when the relevant natural-resource injury or hazardous-substance release happened before September 25, 1981.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Expenditures [79055 - 79075] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 natural resources, or the release of a hazardous substance from which the damages to natural resources resulted, has occurred prior to September 25, 1981. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79100.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Preliminary Endangerment Assessment [79100 - 79105] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department may not review or oversee a preliminary endangerment assessment, or issue a no-further-action letter, for property when hazardous-substance response may be needed unless the requester provides required owner identity and notice information.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Preliminary Endangerment Assessment [79100 - 79105] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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, necessary to address a release or threatened release of a hazardous substance, and the department shall not issue a letter stating that no further action is necessary with regard to property, unless the person who made the request does either of the following: (1) Provides the department with all of the following: (A) Proof of the identity of all current record owners of fee title to the property and their mailing addresses. (B) Written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by the requesting person. (C) An acknowledgment of the receipt of the notice required in subparagraph (B), from the property owners or proof that the requesting person has made reasonable efforts to deliver the notice to the property owner and was unable to do so. (2) Provides the department with proof of the identity of all current record owners of fee title to the property and proof that the requesting person has made reasonable efforts to locate the property owners and was unable to do so. (b) The department shall take all reasonable steps necessary to accommodate property owner participation in the site remediation process and shall consider all input and recommendations received from the owner of property that is the subject of the proposed action. (c) (1) This section only applies to instances where a person requests the department to oversee the preparation of, or to review, a preliminary endangerment assessment, or requests the department to issue a letter stating that no further action is necessary with regard to property. (2) Nothing in this section imposes a condition upon, limits, or impacts in any way, the department’s authority to compel any potentially responsible party to take any action in response to a release or threatened release of a hazardous substance or to recover costs incurred from any potentially responsible party. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79105.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Preliminary Endangerment Assessment [79100 - 79105] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. )
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Certain responsible parties or notice filers must reimburse the department for oversight costs tied to a preliminary endangerment assessment, subject to stated exceptions.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Preliminary Endangerment Assessment [79100 - 79105] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 intent to undertake removal or remediation at a site, shall reimburse the department, pursuant to Chapter 6.66 (commencing with Section 25269) of Division 20, for the costs incurred by the department for its oversight of any preliminary endangerment assessment at that site. (b) This section does not apply to any notice of intent submitted to the department prior to July 1, 1998. Any person who submitted a notice of intent prior to July 1, 1998, shall pay the fee, if not already paid, as required by Section 25343 as it read on December 31, 1997, unless the department and that person mutually agree to enter into a reimbursement agreement in lieu of any unpaid portion of the required fee. (c) The changes made in Section 25343 by Chapter 870 of the Statutes of 1997 do not require amendment of, or otherwise affect, any agreement entered into prior to July 1, 1998, pursuant to which any person has agreed to reimburse the department for the costs incurred by the department for its oversight of a preliminary endangerment assessment. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79160.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10.5. Local Government Removal or Remedial Actions [79160 - 79175] ( Article 10.5 added by Stats. 2022, Ch. 257, Sec. 2. )
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A city or county may start a removal or remedial action for a listed site, but before doing so it must notify the department, submit the estimated cost, and show it has enough funds.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10.5. Local Government Removal or Remedial Actions [79160 - 79175] ( Article 10.5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 with this article. Except as provided in Section 79175, the city or county shall, before commencing the removal or remedial action, take all of the following actions: (a) The city or county shall notify the department of the planned removal or remedial action. Upon receiving this notification, the department shall make a reasonable effort to notify any person identified by the department as a potentially responsible party for the site. If a potentially responsible party is taking the removal or remedial action properly and in a timely fashion, or if a potentially responsible party will commence the action within 60 days of this notification, the city or county may not initiate a removal or remedial action pursuant to this article. (b) If a potentially responsible party for the site has not taken the action specified in subdivision (a), the city or county shall submit the estimated cost of the removal or remedial action to the department, which shall, within 30 days after receiving the estimate, approve or disapprove the reasonableness of the cost estimate. If the department disagrees with the cost estimate, the city or county and the department shall, within 30 days, attempt to enter into an agreement concerning the cost estimate. (c) The city or county shall demonstrate to the department that it has sufficient funds to carry out the approved removal or remedial action without taking into account any costs of the action that may be, or have been, paid by a potentially responsible party. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79165.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10.5. Local Government Removal or Remedial Actions [79160 - 79175] ( Article 10.5 added by Stats. 2022, Ch. 257, Sec. 2. )
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If the director approves a city or county’s request to start a removal or remedial action and a final remedial action plan has been issued, the city or county is treated as acting in place of the department to implement that plan.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10.5. Local Government Removal or Remedial Actions [79160 - 79175] ( Article 10.5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 to Article 12 (commencing with Section 79195) for the hazardous substance release site, the city or county shall be deemed to be acting in place of the department for purposes of implementing the remedial action plan pursuant to this part. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79170.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10.5. Local Government Removal or Remedial Actions [79160 - 79175] ( Article 10.5 added by Stats. 2022, Ch. 257, Sec. 2. )
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When the department reimburses a city or county for removal or remedial action costs, it must recover those costs under Section 79650.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10.5. Local Government Removal or Remedial Actions [79160 - 79175] ( Article 10.5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79175.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10.5. Local Government Removal or Remedial Actions [79160 - 79175] ( Article 10.5 added by Stats. 2022, Ch. 257, Sec. 2. )
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A city or county must get the director’s approval before starting a removal or remedial action if it wants reimbursement from the state account.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10.5. Local Government Removal or Remedial Actions [79160 - 79175] ( Article 10.5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 city or county shall obtain the approval of the director before commencing the removal or remedial action. (b) The director shall grant an approval only when all actions required by law prior to implementation of a remedial action plan have been taken. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79180.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must require certain responsible parties to show and keep financial assurances under this article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79180. The department shall require a responsible party who is required to undertake corrective action obligations pursuant to a determination issued pursuant to Section 25246.1 to demonstrate and maintain financial assurances in accordance with this article. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79182.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )
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A responsible party must include a response-action cost estimate with a feasibility study and show financial assurances within 90 days after feasibility study approval, then keep them in place until required response actions are complete.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 financial assurances within 90 days of approval of a feasibility study and shall maintain financial assurances until all required response actions are complete, as determined by the department. (c) (1) For purposes of subdivision (b), the responsible party shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations. (2) (A) As an alternative to the financial assurance requirement of paragraph (1), a responsible party may demonstrate and maintain financial assurances by means of a financial assurance mechanism other than those described in paragraph (1), if the alternative financial assurance mechanism has been submitted to, and approved by, the department as being at least equivalent to the financial assurance mechanisms described in paragraph (1). (B) The department shall evaluate the equivalency of the proposed alternative financial assurance mechanism principally in terms of the certainty of the availability of funds for required corrective action activities and the amount of funds that will be made available. The department shall require the owner or operator to submit any information deemed necessary by the department to make a determination regarding the equivalency of the proposed alternative financial assurance mechanism. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79184.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must waive certain financial assurance requirements for regulated releases when the facility is owned or operated by a federal or state governmental entity, unless that would conflict with applicable law. In some other cases, the department may grant a waiver, and it must withdraw a waiver if eligibility later ends.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 department shall waive the financial assurances required by Section 79180 if the owner or operator of the facility is a federal or state governmental entity, unless the waiver would conflict with applicable law. (b) If the source of the release is not regulated by the department pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20, the department may waive the financial assurances required by Section 79180 if the department makes one of the following determinations: (1) The responsible party is a small business and demonstrates all of the following: (A) The responsible party cannot qualify for any of the financial assurance mechanisms set forth in subdivision (b), (c), or (d) of Section 66265.143 of Title 22 of the California Code of Regulations. (B) The responsible party financially cannot meet the requirements of subdivision (a) of Section 66265.143 of Title 22 of the California Code of Regulations. (C) The responsible party is not capable of meeting the eligibility requirements set forth in subdivision (e) of Section 66265.143 of Title 22 of the California Code of Regulations. (2) The responsible party is a small business and has demonstrated that the responsible party is financially not capable of establishing one of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations while at the same time financing the response action applicable to the site. (3) The responsible party is not separately required to demonstrate and maintain a financial assurance mechanism for a response action at a site because all of the following conditions apply: (A) The site is a multiple responsible party site. (B) Financial assurances that the response action at the site will be carried out is demonstrated and maintained by a financial assurance mechanism established jointly by all, or some, of the responsible parties. (C) The financial assurance mechanism specified in subparagraph (B) meets the requirements of Section 79180 and subdivision (b) of Section 79182. (4) The responsible party is a local governmental entity. (c) The department shall withdraw a waiver granted pursuant to subdivision (b) if the department determines that the responsible party that obtained the waiver no longer meets the eligibility requirements for the waiver. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79186.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )
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A responsible party may satisfy this article’s requirements by showing the department that it has already provided financial assurance for corrective action to the state board or a regional board for the same release.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79186. A responsible party may satisfy the requirements of this article by demonstrating to the department that it has provided financial assurance for corrective action to the state board or a regional board for the same release identified by the department. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79188.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must not require additional financial assurances for certain sites with sole jurisdiction, unless the department is the lead agency or is directed by that lead agency.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 assurances unless it is the lead agency or is directed by the lead agency that has sole jurisdiction pursuant to subdivision (b) of Section 25204.6. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79190.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must implement this article only if the Legislature appropriates funds for that purpose.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Financial Assurances [79180 - 79190] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 article. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79195.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department, or sometimes the regional board, must prepare or approve remedial action plans for listed sites, unless Sections 79225 or 79230 apply.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79200.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
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A potentially responsible party may ask the department or regional board to prepare or approve a remedial action plan, and the department or regional board must respond within 90 days.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 not listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4, if the department or the regional board determines that a removal or remedial action is required to respond to a release of a hazardous substance. The department or the regional board shall respond to a request to prepare or approve a remedial action plan within 90 days of receipt. (b) This section does not affect the authority of a regional board to issue and enforce a cleanup and abatement order pursuant to Section 13304 of the Water Code or a cease and desist order pursuant to Section 13301 of the Water Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79205.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Remedial action plans must follow specified federal and state cleanup standards and must be based on listed factors.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300.400 et seq.), as amended, and upon all of the following factors, to the extent that these factors are consistent with these federal regulations and do not require a less stringent level of cleanup than these federal regulations: (a) Health and safety risks posed by the conditions at the site. When considering these risks, the department or the regional board shall consider scientific data and reports that may have a relationship to the site. (b) The effect of contamination or pollution levels upon present, future, and probable beneficial uses of contaminated, polluted, or threatened resources. (c) The effect of alternative remedial action measures on the reasonable availability of groundwater resources for present, future, and probable beneficial uses. The department or the regional board shall consider the extent to which remedial action measures are available that use, as a principal element, treatment that significantly reduces the volume, toxicity, or mobility of the hazardous substances, as opposed to remedial actions that do not use this treatment. The department or the regional board shall not select remedial action measures that use offsite transport and disposal of untreated hazardous substances or contaminated materials if practical and cost-effective treatment technologies are available. (d) Site-specific characteristics, including the potential for offsite migration of hazardous substances, the surface or subsurface soil, and the hydrogeologic conditions, as well as preexisting background contamination levels. (e) Cost-effectiveness of alternative remedial action measures. In evaluating the cost-effectiveness of proposed alternative remedial action measures, the department or the regional board shall consider, to the extent possible, the total short-term and long-term costs of these actions and shall use, as a major factor, whether the deferral of a remedial action will result, or is likely to result, in a rapid increase in cost or in the hazard to public health or the environment posed by the site. Land disposal shall not be deemed the most cost-effective measure merely on the basis of lower short-term cost. (f) The potential environmental impacts of alternative remedial action measures, including, but not limited to, land disposal of the untreated hazardous substances as opposed to treatment of the hazardous substances to remove or reduce its volume, toxicity, or mobility prior to disposal. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79210.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

A remedial action plan must explain the selected remedy, discuss rejected alternatives, assess consistency with federal regulations and Section 79205 when needed, and make a nonbinding preliminary allocation of responsibility among identifiable responsible parties.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 alternative considered and rejected by the department or the regional board for a particular site. The plan shall include an explanation for rejection of alternative remedial actions considered but rejected. The plan shall also include an evaluation of the consistency of the selected remedial action with the requirements of the federal regulations and the factors specified in Section 79205, if those factors are not otherwise adequately addressed through compliance with the federal regulations. The remedial action plan shall also include a nonbinding preliminary allocation of responsibility among all identifiable potentially responsible parties at a particular site, including those parties that may have been released, or may otherwise be immune, from liability pursuant to this part or any other provision of law. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79215.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Before approving a final remedial action plan, the department or regional board must prepare or approve a draft plan and follow notice, comment, meeting, review, and final-issuance steps.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 of the following: (1) Circulate the draft plan for at least 30 days for public comment. (2) Notify affected local and state agencies of the removal and remedial actions proposed in the remedial action plan and publish a notice in a newspaper of general circulation in the area affected by the draft remedial action plan. The department or the regional board shall also post notices in the location where the proposed removal or remedial action would be located and shall notify, by direct mailing, the owners of property contiguous to the site addressed by the plan, as shown in the latest equalized assessment roll. (3) Hold one or more meetings with the lead and responsible agencies for the removal and remedial actions, the potentially responsible parties for the removal and remedial actions, and the interested public, to provide the public with the information that is necessary to address the issues that concern the public. The information to be provided shall include an assessment of the degree of contamination, the characteristics of the hazardous substances, an estimate of the time required to carry out the removal and remedial actions, and a description of the proposed removal and remedial actions. (4) Comply with Section 78930. (b) After complying with subdivision (a), the department or the regional board shall review and consider any public comments, and shall revise the draft plan, if appropriate. The department or the regional board shall then issue the final remedial action plan. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79220.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section sets deadlines for judicial review of a final remedial action plan and says filing a petition does not stay cleanup actions.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 final remedial action plan by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure within 30 days after the final remedial action plan is issued by the department or the regional board. No action may be brought by a potentially responsible party to review the final remedial action plan if the petition for writ of mandate is not filed within 30 days of the date that the final remedial action plan was issued. (2) Any other person who has the right to seek judicial review of the final remedial action plan by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure shall do so within one year after the final remedial action plan is issued. No action may be brought by any other person to review the final remedial action plan if the petition for writ of mandate is not filed within one year of the date that the final remedial action plan was issued. (3) The filing of a petition for writ of mandate to review the final remedial action plan shall not stay any removal or remedial action specified in the final plan. (b) For purposes of judicial review, the court shall uphold the final remedial action plan if the plan is based upon substantial evidence available to the department or the regional board, as the case may be. (c) This section does not prohibit the court from granting any appropriate relief within its jurisdiction, including, but not limited to, enjoining the expenditure of funds pursuant to paragraph (2) of subdivision (b) of Section 78305. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79225.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department or a regional board must prepare or approve certain removal-action work plans and notify the community in some lower-cost removal cases, but a remedial action plan is not required in specified emergency or low-cost situations.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 substantial endangerment to the public health and safety or to the environment or, if the department, a regional board, or a responsible party takes a removal action at a site and the estimated cost of the removal action is less than two million dollars ($2,000,000). (b) The department or a regional board shall prepare or approve a removal action work plan for all sites where a nonemergency removal action is proposed and where a remedial action plan is not required. For sites where removal actions are planned and are projected to cost less than two million dollars ($2,000,000), the department or a regional board shall make the local community aware of the hazardous substance release site and shall prepare, or direct the parties responsible for the removal action to prepare, a community profile report to determine the level of public interest in the removal action. Based on the level of expressed interest, the department or regional board shall take appropriate action to keep the community informed of project activity and to provide opportunities for public comment that may include conducting a public meeting on proposed removal actions. (c) (1) A remedial action plan is not required pursuant to Section 79195 if the site is listed on the National Priorities List by the United States Environmental Protection Agency pursuant to the federal act, if the department or the regional board concurs with the remedy selected by the United States Environmental Protection Agency’s record of decision. The department or the regional board may sign the record of decision issued by the United States Environmental Protection Agency if the department or the regional board concurs with the remedy selected. (2) Paragraph (1) does not apply to a removal action paid from the state account. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79230.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department may waive the Section 79205 remedial action plan requirements if the responsible party meets several listed conditions, including adequate site characterization, submitting specified information, equivalent protection, and a removal cost below $2,000,000.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 responsible party adequately characterizes the hazardous substance conditions at a site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4. (b) The responsible party submits to the department, in a form acceptable to the department, all of the following: (1) A description of the techniques and methods to be employed in excavating, storing, handling, transporting, treating, and disposing of materials from the site. (2) A listing of the alternative remedial measures that were considered by the responsible party in selecting the proposed removal action. (3) A description of methods that will be employed during the removal action to ensure the health and safety of workers and the public during the removal action. (4) A description of prior removal actions with similar hazardous substances and with similar public safety and environmental considerations. (c) The department determines that the remedial action plan provides protection of human health and safety and for the environment at least equivalent to that which would be provided by a remedial action plan prepared in accordance with Section 79205. (d) The total cost of the removal action is less than two million dollars ($2,000,000). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79235.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
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This section says that, for this article, a removal action cost includes cleanup or removal of released hazardous substances and other actions needed to prevent, minimize, or mitigate damage from a release or threatened release.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 of other actions that are necessary to prevent, minimize, or mitigate damage that may otherwise result from a release or threatened release, as further defined by Section 101(23) of the federal act (42 U.S.C. Sec. 9601(23)). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79240.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

This section says certain Water Code articles apply when a regional board acts or fails to act under this article.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Planning [79195 - 79240] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79240. Article 2 (commencing with Section 13320), Article 3 (commencing with Section 13330), Article 5 (commencing with Section 13350), and Article 6 (commencing with Section 13360) of Chapter 5 of Division 7 of the Water Code apply to an action or failure to act by a regional board pursuant to this article. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7925.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

Certain proceeds from unused cemetery land, or land cleared of remains, are exempt from money-judgment enforcement and must be used only for listed cemetery-related purposes.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 7925. Money payable or to become payable as the purchase price or on account of the purchase price of unused lands, or lands from which all remains have been removed is not subject to enforcement of a money judgment, but shall be used exclusively for any or all of the following purposes: (a) Acquisition of lands and improvements for cemetery purposes. (b) Disinterment, removal, and reinterment of bodies, pursuant to this chapter. (c) Endowment care of graves, markers, and cemetery embellishments. (d) The payment of expenses incidental to the disinterment, removal, and reinterment. (e) Any other purpose consistent with the objects for which the cemetery authority owning the cemetery is created or organized. (Amended by Stats. 1982, Ch. 497, Sec. 122. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
7926.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

A cemetery corporation or association that has declared removals and published notice may use money from its treasury to pay removal-related expenses.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 7926. Whenever any cemetery corporation or association has declared for removal and has published notice of its intention to make removals under this chapter, it may employ any money in its treasury to defray the expense of removal, including: (a) The expense of purchasing or otherwise providing a suitable place for the interment of remains in any other cemetery. (b) The expenses of disinterment, transportation and reinterment. (c) The expenses of removal and disposal of vaults, monuments, headstones, copings, or other improvements. (d) All necessary expenses incident to the sale or mortgaging of any land from which removals have been made. (e) All other expenses necessarily incurred in carrying out the removal, and reinterment, or disposing of remains so removed. (f) All expenses incident to any of the above purposes. (Enacted by Stats. 1939, Ch. 60.)
79260.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Standards [79260 - 79275] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Response actions under this part must meet the listed standards and be at least as strict as them.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Standards [79260 - 79275] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 requirements established under federal regulation pursuant to Subpart E of the National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300.400 et seq.), as amended. (b) The regulations established pursuant to Division 7 (commencing with Section 13000) of the Water Code, all applicable water quality control plans adopted pursuant to Section 13170 of the Water Code and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7 of the Water Code, and all applicable state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code, to the extent that the department or the regional board determines that those regulations, plans, and policies do not require a less stringent level of remediation than the federal regulations specified in subdivision (a) and to the degree that those regulations, plans, and policies do not authorize decisionmaking procedures that may result in less stringent response action requirements than those required by the federal regulations specified in subdivision (a). (c) Any applicable provisions of this part, to the extent those provisions are consistent with the federal regulations specified in subdivision (a) and do not require a less stringent level of remediation than, or decisionmaking procedures that are at variance with, the federal regulations set forth in subdivision (a). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79265.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Standards [79260 - 79275] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Health or ecological risk assessments for response actions under this part must follow Subpart E, EPA policies and guidance, and current sound scientific methods.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Standards [79260 - 79275] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 E of the National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300.400 et seq.), the policies, guidelines, and practices of the United States Environmental Protection Agency developed pursuant to the federal act, and the most current sound scientific methods, knowledge, and practices of public health and environmental professionals who are experienced practitioners in the fields of epidemiology, risk assessment, environmental contamination, ecological risk, fate and transport analysis, and toxicology. (b) Risk assessment practices shall include the most current sound scientific methods for data evaluation, exposure assessment, toxicity assessment, and risk characterization, documentation of all assumptions, methods, models, and calculations used in the assessment. (c) Any health risk assessment shall include all of the following: (1) Evaluation of risks posed by acutely toxic hazardous substances based on levels at which no known or anticipated adverse effects on health will occur, with an adequate margin of safety. (2) Evaluation of risks posed by carcinogens or other hazardous substances that may cause chronic disease based on a level that does not pose any significant risk to health. (3) Consideration of possible synergistic effects resulting from exposure to, or interaction with, two or more hazardous substances. (4) Consideration of the effect of hazardous substances upon subgroups that comprise a meaningful portion of the general population, including, but not limited to, infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations, that are identifiable as being at greater risk of adverse health effects due to exposure to hazardous substances than the general population. (5) Consideration of exposure and body burden level that alter physiological function or structure in a manner that may significantly increase the risk of illness and of exposure to hazardous substances in all media, including, but not limited to, exposures in drinking water, food, ambient and indoor air, and soil. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7927.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

A cemetery corporation or association must use remaining treasury money, after removal/reinterment costs and incidental expenses are paid, to set aside an adequate endowment care fund for cemetery maintenance and care.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 7927. From the money remaining in the treasury of the cemetery corporation or association after completing the removal and reinterment of the remains from its cemetery lands and the payment of all incidental expenses, the cemetery corporation or association shall set aside an adequate endowment care fund for the maintenance and care of the cemetery in which the remains have been interred. (Amended by Stats. 1951, Ch. 176.)
79270.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Standards [79260 - 79275] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

If scientific data are insufficient, the risk assessment for a response action must use a level protective of public health with an adequate margin of safety.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Standards [79260 - 79275] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 health will occur, with an adequate margin of safety, or the level that poses no significant risk to public health, the risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall be based on the level that is protective of public health, with an adequate margin of safety. This level shall be based exclusively on public health considerations, shall, to the extent scientific data are available, take into account the factors set forth in paragraphs (1) to (5), inclusive, of subdivision (c) of Section 79265, and shall be based on the most current principles, practices, and methods used by public health professionals who are experienced practitioners in the fields of epidemiology, risk assessment, fate and transport analysis, and toxicology. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79275.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Standards [79260 - 79275] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

For certain response actions, the exposure assessment in the risk assessment must estimate exposure using reasonable maximum estimates for current and reasonably foreseeable future land use, including exposure from volatile organic compounds that may enter on-site or planned structures.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Standards [79260 - 79275] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 development of reasonable maximum estimates of exposure for both current land use conditions and reasonably foreseeable future land use conditions at the site. (b) The exposure assessment of any risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall include the development of reasonable maximum estimates of exposure to volatile organic compounds that may enter structures that are on the site or that are proposed to be constructed on the site and may cause exposure due to accumulation of those volatile organic compounds in the indoor air of those structures. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7928.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. )
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After setting up an endowment care fund, the cemetery corporation or association’s governing body may use remaining funds to reimburse people who moved remains at their own expense, but the reimbursement cannot exceed the average cost of removals the cemetery made itself.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 7928. After making provisions for an endowment care fund to provide for maintenance and care, the governing body of the cemetery corporation or association may use such portion of the funds then remaining as it may determine to be just and fair in reimbursing those who voluntarily and at their own cost and expense removed the remains of friends or relatives from the cemetery lands from which the remains were ordered removed. Such reimbursement shall not be greater in amount than the average cost to the cemetery corporation or association for removals directly made by it. (Amended by Stats. 1951, Ch. 176.)
7929.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

A cemetery corporation or association may use any remaining balance in the fund for other purposes it lawfully declares.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 7929. Any balance remaining in the fund may be used for such other purposes as the cemetery corporation or association may lawfully declare. (Enacted by Stats. 1939, Ch. 60.)
79290.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 14. Onsite Hazardous Waste Facility for Response Action [79290 - 79295] ( Article 14 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department may exclude some entirely onsite response actions from hazardous waste facility permit requirements if specified conditions are met.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 14. Onsite Hazardous Waste Facility for Response Action [79290 - 79295] ( Article 14 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 any portion of a response action conducted entirely onsite from the hazardous waste facility permit requirements of Section 25201 if both of the following apply: (a) The removal or remedial action is carried out pursuant to a removal action work plan or a remedial action plan prepared pursuant to Article 12 (commencing with Section 79195). (b) The removal action work plan or the remedial action plan requires that the response action complies with all laws, rules, regulations, standards, and requirements, criteria, or limitations applicable to the construction, operation, and closure of the type of facility at the hazardous substance release site and with any other condition imposed by the department as necessary to protect public health and safety and the environment. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79295.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 14. Onsite Hazardous Waste Facility for Response Action [79290 - 79295] ( Article 14 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department may enforce certain laws in county court for an exempt response action, and consent decrees must require parties to try to resolve implementation disputes quickly and provide for administrative enforcement.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 14. Onsite Hazardous Waste Facility for Response Action [79290 - 79295] ( Article 14 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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, rule, regulation, standard, requirements, criteria, or limitation with which the remedial or removal action is required to comply. (b) (1) Any consent decree entered into pursuant to an enforcement action authorized by this section shall require the parties to attempt expeditiously to informally resolve any disagreements concerning the implementation of the response action with the appropriate federal and state agencies and shall provide for administrative enforcement. (2) The consent decree shall stipulate that the penalty for violation of the consent decree shall be an amount not more than twenty-five thousand dollars ($25,000) per day, which may be enforced by the state. These penalties do not impair or affect the authority of the court to order compliance with the specific terms of the consent decree. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7930.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

A cemetery corporation or association with a governing body may use unexpended funds for the care or improvement of a cemetery where disinterred remains may be reinterred, if the funds are not needed for other purposes.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 7930. Whenever any cemetery corporation or association having a governing body has caused the removal of remains from all or any portion of its cemetery and has funds in its treasury which are not required for other purposes, it may set aside, invest, use, and apply from such unexpended funds such sum as, in the judgment of the governing body, it is necessary or expedient to provide for the perpetual or other care or improvement of any cemetery in which the disinterred remains may be reinterred. (Enacted by Stats. 1939, Ch. 60.)
7931.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

A cemetery corporation or association may transfer funds to another corporation if the transfer is subject to conditions and regulations that, in the governing body’s judgment, ensure the money is used for care or improvement.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 7931. In lieu of itself investing, using or applying the funds for care or improvement, the cemetery corporation or association may transfer the funds to any other corporation under such conditions and regulations as in the judgment of the governing body will insure their application to the purposes of care or improvement. (Enacted by Stats. 1939, Ch. 60.)
79310.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

This article defines “small business” as a business that meets the requirements in Government Code Section 14837(d).

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79315.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department or regional board must require certain responsible parties to show and keep financial assurance for operation and maintenance work, unless an exception in Section 79325(a) applies.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 operation and maintenance requirements as part of a response action, to demonstrate and to maintain financial assurance in accordance with this article. The responsible party shall demonstrate financial assurance prior to the time that operation and maintenance activities are initiated and shall maintain it throughout the period of time necessary to complete all required operation and maintenance activities. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7932.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

Before transferring funds, the cemetery corporation or association must get a superior court order authorizing the transfer.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 7932. Before any such transfer of funds is made, the cemetery corporation or association shall obtain an order authorizing the transfer from the superior court of the county where the cemetery or portion from which the remains were removed is situated. (Enacted by Stats. 1939, Ch. 60.)
79320.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

A responsible party must maintain required financial assurance mechanisms, but may use an alternative if the department or regional board approves it as equivalent.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations. (b) As an alternative to the requirement of subdivision (a), a responsible party may demonstrate and maintain financial assurance by means of a financial assurance mechanism other than those specified in subdivision (a), if the alternative financial assurance mechanism has been submitted to, and approved by, the department or the regional board as being at least equivalent to the financial assurance mechanisms specified in subdivision (a). The department or the regional board shall evaluate the equivalency of the proposed alternative financial assurance mechanism principally in terms of the certainty of the availability of funds for required operation and maintenance activities and the amount of funds that will be made available. The department or the regional board shall require the responsible party to submit any information necessary to make a determination as to the equivalency of the proposed alternative financial assurance mechanism. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79325.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department or regional board must waive certain financial assurance requirements if listed conditions are met, and must withdraw a waiver if the recipient no longer qualifies.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 following determinations: (1) The responsible party is a small business and has demonstrated all of the following: (A) The responsible party cannot qualify for any of the financial assurance mechanisms set forth in subdivisions (b), (c), and (d) of Section 66265.143 of Title 22 of the California Code of Regulations. (B) The responsible party financially cannot meet the requirements of subdivision (a) of Section 66265.143 of Title 22 of the California Code of Regulations. (C) The responsible party is not capable of meeting the eligibility requirements set forth in subdivision (e) of Section 66265.143 of Title 22 of the California Code of Regulations. (2) The responsible party is a small business and has demonstrated that the responsible party financially is not capable of establishing one of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations while at the same time financing the operation and maintenance requirements applicable to the site. (3) The responsible party is not separately required to demonstrate and maintain a financial assurance mechanism for operation and maintenance activities at a site because of all of the following conditions: (A) The site is a multiple responsible party site. (B) Financial assurance that operation and maintenance activities at the site will be carried out is demonstrated and maintained by a financial assurance mechanism established jointly by all, or some, of the responsible parties. (C) The financial assurance mechanism specified in subparagraph (B) meets the requirements of Sections 79315 and 79320. (4) The responsible party is a federal, state, or local government entity. (b) The department or the regional board shall withdraw a waiver granted pursuant to paragraph (1) or (2) of subdivision (a) if the department or the regional board determines that the responsible party that obtained the waiver no longer meets the eligibility requirements for the waiver. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7933.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. )
Verify source ↗

A cemetery corporation or association must petition for the order, with notice by publication as the court directs. Members and former plot owners may support or oppose the order.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Use of Funds [7925 - 7933] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 7933. The order shall be obtained upon petition of the cemetery corporation or association, after such notice by publication as the court may direct, and any member or former plot owner may support or oppose the granting of the order by affidavit or otherwise. Before making the order, proof shall be made to the satisfaction of the court that notice has been given and that it is for the best interests of the cemetery corporation or association that the transfer be made. (Enacted by Stats. 1939, Ch. 60.)
79330.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department must report specified information to the Legislature by January 15, 2001.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 15. Operation and Maintenance [79310 - 79330] ( Article 15 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 boards have received for waivers from the financial assurance requirements of this article during the period between May 26, 1999, and January 1, 2001. (b) The disposition of the requests that were received and the reasons for granting the waivers that were allowed and rejecting the waivers that were disallowed. (c) The total number of businesses or other entities that were required by this article to demonstrate and maintain financial assurance, the number of businesses or other entities that were able to comply with the requirement, the number that were unable to comply and the reasons why they could not or did not comply, and the history of compliance with this part and Chapter 6.5 (commencing with Section 25100) of Division 20 by responsible parties that requested waivers. (d) Financial assurance mechanisms other than the financial assurance mechanisms referenced in subdivision (a) of Section 79320 that may be available to responsible parties. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79350.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department may use Illegal Drug Lab Cleanup Account funds to pay required removal-action costs, and it may make oral contracts up to $10,000 for emergency corrective action.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 actions required by this article. (b) The department may enter into oral contracts, not to exceed ten thousand dollars ($10,000) in obligation, when, in the judgment of the department, immediate corrective action to a hazardous substance subject to this article is necessary to remedy or prevent an emergency. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79355.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

Certain law enforcement personnel must notify the department when, during an official drug-manufacture investigation or enforcement action, they encounter or learn of a suspected hazardous substance at an illegal drug manufacturing site.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 enforcement action regarding the manufacture of an illegal controlled substance, comes in contact with, or is aware of, the presence of a substance that the person suspects is a hazardous substance at a site where an illegal controlled substance is or was manufactured, shall notify the department for the purpose of taking removal action, as necessary, to prevent, minimize, or mitigate damage that might otherwise result from the release or threatened release of the hazardous substance, except for samples required under Section 11479.5 to be kept for evidentiary purposes. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79360.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

After notice under Section 79355, the department must take removal action as needed for certain illegal-drug-related hazardous substances and contaminated materials.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79360. Notwithstanding any other provision of law, upon receipt of a notification pursuant to Section 79355, the department shall take removal action, as necessary, with respect to a hazardous substance that is an illegal controlled substance, a precursor of a controlled substance, a material intended to be used in the unlawful manufacture of a controlled substance, and a container for the material, a waste material from the unlawful manufacture of a controlled substance, or any other item contaminated with a hazardous substance used or intended to be used in the manufacture of a controlled substance. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79365.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must report the location and scheduled time of a removal action to the local environmental health officer, but only after a written request and a single 24-hour phone number are provided.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 the time that the removal action will be carried out, to the local environmental health officer within whose jurisdiction the removal action will take place, if the local environmental officer does both of the following: (a) Requests, in writing, that the department report this information to the local environmental health officer. (b) Provides the department with a single 24-hour telephone number to which the information can be reported. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79370.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

A person found to have operated a site to make an illegal controlled substance or precursor is treated as the generator of hazardous substance at or from the site. Certain officials may sign the hazardous waste manifest during removal action, and those officials are not responsible parties for the release.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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, a person who is found to have operated a site for the purpose of manufacturing an illegal controlled substance or a precursor of an illegal controlled substance is the generator of a hazardous substance at, or released from, the site that is subject to removal action pursuant to this article. (b) During the removal action, for purposes of complying with the manifest requirements in Section 25160, the department, the county health department, the local environmental health officer, or their designee may sign the hazardous waste manifest as the generator of the hazardous waste. In carrying out that action, the department, the county health department, the local environmental health officer, or their designee shall be considered to have acted in furtherance of their statutory responsibilities to protect the public health and safety and the environment from the release, or threatened release, of hazardous substances, and the department, the county health department, the local environmental health officer, or their designee is not a responsible party for the release, or threatened release, of the hazardous substances. (c) The officer, investigator, or agency employee specified in Section 79355 is not a responsible party for the release, or threatened release, of hazardous substances at, or released from, the site. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79375.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. )
Verify source ↗

The department may adopt regulations to implement this article, after consulting appropriate law enforcement and local environmental agencies.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79375. The department may adopt regulations to implement this article in consultation with appropriate law enforcement and local environmental agencies. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79380.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must develop methamphetamine residue sampling methods and adopt cleanup procedures, and it must develop certain remediation standards when funding is available.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79380. (a) The department shall develop sampling and analytical methods for the collection of methamphetamine residue. (b) The department shall, to the extent funding is available, develop health-based target remediation standards for iodine, methyl iodide, and phosphine. (c) To the extent that funding is available, the department, using guidance developed by the Office of Environmental Health Hazard Assessment, may develop additional health-based target remediation standards for additional precursors and byproducts of methamphetamine. (d) The department shall adopt investigation and cleanup procedures for use in the remediation of sites contaminated by the illegal manufacturing of methamphetamine. The procedures shall ensure that contamination by the illegal manufacturing of methamphetamine can be remediated to meet the standards adopted pursuant to subdivisions (b) and (c), to protect the health and safety of all future occupants of the site. (e) The department shall implement this section in accordance with Section 79375. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79385.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department’s responsibilities under this article apply only if sufficient funding is available.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 16. Illegal Drug Lab Cleanup [79350 - 79385] ( Article 16 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79385. The responsibilities assigned to the department by this article apply only to the extent that sufficient funding is made available for that purpose. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79400.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 17. Judicial Review of Response Actions [79400- 79400.] ( Article 17 added by Stats. 2022, Ch. 257, Sec. 2. )
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Courts reviewing these hazardous substance response cases must stay within the administrative record, and may limit relief to remedies consistent with the national contingency plan.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 5. Cleanup of Hazardous Substance Releases [78850 - 79400] ( Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 17. Judicial Review of Response Actions [79400- 79400.] ( Article 17 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 shall be limited to the administrative record. Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court. (b) If the court finds that the selection of the response action was not in accordance with law, the court shall award only the response costs or damages that are not inconsistent with the national contingency plan, as specified in Part 300 (commencing with Section 300.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations, and any other relief that is consistent with the national contingency plan. (c) In reviewing an action brought by the department under this part, in which alleged procedural errors by the department are raised as a defense, the court may impose costs or damages only if the errors were serious and related to matters of central relevance to the action, so that the action would have been significantly changed had the errors not been made. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79450.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 6. Site-Specific Rules Related to Cleanup [79450 - 79495] ( Chapter 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Financial Provisions [79450- 79450.] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
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The Legislature may appropriate money from the state account to the department for specified site cleanup-related natural resource costs.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 6. Site-Specific Rules Related to Cleanup [79450 - 79495] ( Chapter 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Financial Provisions [79450- 79450.] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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) For all costs incurred in restoring, rehabilitating, replacing, or acquiring the equivalent of, any natural resource injured, degraded, destroyed, or lost as a result of any release of a hazardous substance, to the extent the costs are not reimbursed pursuant to the federal act and taking into account processes of natural rehabilitation, restoration, and replacement. (2) For all costs incurred in assessing short-term and long-term injury to, degradation or destruction of, or any loss of any natural resource resulting from a release of a hazardous substance, to the extent that the costs are not reimbursed pursuant to the federal act. (b) No costs may be incurred for any release of a hazardous substance from any facility or project pursuant to subdivision (a) for injury, degradation, destruction, or loss of any natural resource where the injury, degradation, destruction, or loss was specifically identified as an irreversible and irretrievable commitment of natural resources in an environmental impact statement prepared under the authority of the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.), or was identified as a significant environmental effect to the natural resources that cannot be avoided in an environmental impact report prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and a decision to grant a permit, license, or similar authorization for any facility or project is based upon a consideration of the significant environmental effects to the natural resources, and the facility or project was otherwise operating within the terms of its permit, license, or similar authorization at the time of release. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79465.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 6. Site-Specific Rules Related to Cleanup [79450 - 79495] ( Chapter 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Santa Susana Field Laboratory [79465- 79465.] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department may use legal remedies to force cleanup at the Santa Susana Field Laboratory, and land there generally cannot be sold or transferred unless the remediation certification condition is met.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 6. Site-Specific Rules Related to Cleanup [79450 - 79495] ( Chapter 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Santa Susana Field Laboratory [79465- 79465.] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20 to compel a responsible party or parties to take or pay for appropriate removal or remedial action necessary to protect the public health and safety and the environment at the Santa Susana Field Laboratory site in Ventura County. (b) A response action taken or approved at the Santa Susana Field Laboratory site shall be conducted in accordance with the provisions of this chapter. (c) A response action taken or approved pursuant to this chapter for the Santa Susana Field Laboratory site shall be based upon, and be no less stringent than, the provisions of Section 25356.1.5. In calculating the risk, the cumulative risk from radiological and chemical contaminants at the site shall be summed, and the land use assumption shall be either suburban residential or rural residential (agricultural), whichever produces the lower permissible residual concentration for each contaminant. In the case of radioactive contamination, the department shall use as its risk range point of departure the concentrations in the Preliminary Remediation Goals issued by the Superfund Office of the United States Environmental Protection Agency in effect as of January 1, 2007. (d) Notwithstanding any other provision of law regarding transfers of land, no person or entity shall sell, lease, sublease, or otherwise transfer land presently, or formerly occupied by the Santa Susana Field Laboratory, except as provided in subdivision (e). (e) As a condition for a sale, lease, sublease, or transfer of land presently or formerly occupied by the Santa Susana Field Laboratory, the Director of the Department of Toxic Substances Control or his or her designee shall certify that the land has undergone complete remediation pursuant to the most protective standards in subdivisions (a) to (c), inclusive. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79490.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 6. Site-Specific Rules Related to Cleanup [79450 - 79495] ( Chapter 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Stringfellow Quarry Class I Hazardous Waste Disposal Site [79490 - 79495] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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Facilities at the Stringfellow Quarry site may be used only for hazardous substances removed from that site, and outside samples or waste may not be handled there. The department must give advance notice and website notice before certain off-site materials are handled, and must send updated notice if the scheduled time changes.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 6. Site-Specific Rules Related to Cleanup [79450 - 79495] ( Chapter 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Stringfellow Quarry Class I Hazardous Waste Disposal Site [79490 - 79495] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 purpose of a remedial or removal action at that site, shall only be used to treat, store, transfer, or dispose of hazardous substances removed from that site. (b) No sample or waste from a site other than the Stringfellow Quarry shall be treated, stored, transferred to, or disposed of at the Stringfellow Quarry Class I Hazardous Waste Disposal Site. For purposes of this subdivision, waste includes, but is not limited to, hazardous waste, liquid waste, and solid waste. For the purposes of this subdivision, a “sample” includes, but is not limited to, the samples listed in Section 66261.4 of Title 22 of the California Code of Regulations, as it read on June 1, 2023. (c) (1) If any material or substance that is generated from a site other than the Stringfellow Quarry, other than those necessary to implement the ongoing cleanup of the Stringfellow Quarry Class I Hazardous Waste Disposal Site, is treated, stored, transferred to, or disposed of at the Stringfellow Class I Hazardous Waste Site, then the department shall, no later than three business days before the treatment, storage, transfer, or disposal is scheduled to occur, notify the City of Jurupa Valley, the Riverside County Board of Supervisors, and the Secretary for Environmental Protection, and post a notification on its internet website. (2) If the treatment, storage, transfer, or disposal of any material or substance pursuant to paragraph (1) does not occur on the time and date indicated in the notification provided by the department, the department shall provide the City of Jurupa Valley, the Riverside County Board of Supervisors, and the Secretary for Environmental Protection with subsequent notification of the new time and date, and post a notification on its internet website. (Amended by Stats. 2023, Ch. 165, Sec. 2. (AB 777) Effective January 1, 2024.)
79495.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 6. Site-Specific Rules Related to Cleanup [79450 - 79495] ( Chapter 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Stringfellow Quarry Class I Hazardous Waste Disposal Site [79490 - 79495] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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The department must prioritize removal and remedial actions at the Stringfellow Quarry Class I Hazardous Waste Disposal Site and devote sufficient resources to do so.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 6. Site-Specific Rules Related to Cleanup [79450 - 79495] ( Chapter 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Stringfellow Quarry Class I Hazardous Waste Disposal Site [79490 - 79495] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 the highest priority on taking removal and remedial actions at the Stringfellow Quarry Class I Hazardous Waste Disposal Site and shall devote sufficient resources to accomplish the tasks required by this section. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
7950.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. )
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A cemetery authority that has obtained land for reinterment may survey and subdivide new land for cemetery use, and a mausoleum or columbarium may be divided into crypts or niches.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. ) ## 7950. Whenever any cemetery authority owning or controlling cemetery lands from which remains are to be removed has acquired the possession or use of any cemetery for the purpose of providing a place for the reinterment of human remains removed under this chapter, new lands may be surveyed and subdivided into plots, avenues, and walks for cemetery purposes; and any mausoleum and columbarium may be divided into crypts or niches. (Enacted by Stats. 1939, Ch. 60.)
7951.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. )
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Plots, crypts, or niches may be sold to people who want to make reinterments.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. ) ## 7951. Plots, crypts, or niches may be sold to persons desiring to make reinterments. (Enacted by Stats. 1939, Ch. 60.)
7952.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. )
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The governing body of a cemetery corporation or association may accept releases of rights as payment for new plots.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. ) ## 7952. The governing body of any cemetery corporation or association may receive and accept as part or full consideration for the purchase price of new plots full or partial releases of rights in or to the whole or any part of the assets of the corporation or association other than the plot conveyed to the purchaser. Any retransfer to the cemetery corporation or association of any plot in the cemetery from which the removal of the human remains is to be made operates as such release. (Enacted by Stats. 1939, Ch. 60.)
7953.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. )
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After remains are removed and reinterred, the cemetery authority must place or embed a permanent marker identifying the remains in the reinterment plot.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. ) ## 7953. After the removal and reinterment of remains disinterred from any cemetery the cemetery authority shall cause to be erected upon or imbedded in any plot in which any remains are reinterred a suitable permanent marker identifying the remains. (Enacted by Stats. 1939, Ch. 60.)
7954.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. )
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The cemetery authority must prepare a map or plat of reinterment areas, or a plan of the mausoleum or columbarium, and attach identifying details for each reinterred person and location.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. ) ## 7954. The cemetery authority shall prepare a complete map or plat describing and showing the location and subdivision into plots of the cemetery lands where remains are reinterred, or a plan of any mausoleum or columbarium in which such remains are interred; and there shall be attached to each plan a description of the name, where known, of each person whose remains are reinterred, and the plot in the cemetery, or the niche or compartment in the mausoleum or columbarium where such remains are reinterred. (Enacted by Stats. 1939, Ch. 60.)
7955.
## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. )
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The cemetery authority must keep the map or plan on file, and relatives or friends of deceased persons whose remains are reinterred there may inspect it at all times.

## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. New Land, Mausoleum or Columbarium [7950 - 7955] ( Article 9 enacted by Stats. 1939, Ch. 60. ) ## 7955. The map or plan shall be kept on file in the office of the cemetery authority and shall at all times be open to inspection by the relatives or friends of deceased persons whose remains are reinterred therein. (Enacted by Stats. 1939, Ch. 60.)
79550.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Noncompliance with Order [79550 - 79555] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
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A person subject to certain cleanup or remedial orders who fails to comply without sufficient cause can face a civil penalty of up to $25,000 per day.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Noncompliance with Order [79550 - 79555] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 without sufficient cause shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance. Liability under this section may be imposed in a civil action or liability may be imposed administratively pursuant to Section 79590. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79555.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Noncompliance with Order [79550 - 79555] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )
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A qualifying responsible party may seek treble damages, but the defendant can avoid treble damages in listed circumstances, and half of any treble damages awarded must be paid to the department.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Noncompliance with Order [79550 - 79555] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 compliance with an order issued by the department, may seek, in addition to contribution, treble damages from any contribution defendant who has failed or refused to comply with any order or agreement, was named in the order or agreement, and is subject to contribution. (2) A contribution defendant from whom treble damages are sought in a contribution action shall not be assessed treble damages by any court where the contribution defendant, for sufficient cause, as determined by the court, failed to comply with an agreement or with an order issued by the department, or where the contribution defendant is an owner of real property who did not generate, treat, transport, store, or dispose of the hazardous substance on, in, or at the facility located on that real property, as specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)), or where the principles of fundamental fairness would be violated, as determined by the court. (3) A party seeking treble damages pursuant to this section shall show that the party, the department, or another entity provided notice, by means of personal service or certified mail, of the order or agreement to the contribution defendant from whom the party seeks treble damages. (b) (1) One-half of any treble damages awarded pursuant to this section shall be paid to the department, for deposit in the state account. (2) Nothing in this subdivision affects the rights of any party to seek contribution pursuant to any other statute or under common law. (c) A contribution defendant from whom treble damages are sought pursuant to this section shall be deemed to have acted willfully with respect to the conduct that gave rise to this liability for purposes of Section 533 of the Insurance Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79570.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Response Actions [79570- 79570.] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )
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A person liable for a hazardous substance release who fails without sufficient cause to carry out required removal or remedial action after an order may owe treble damages to the department.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Response Actions [79570- 79570.] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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 court, to properly provide a removal or remedial action upon either an order of the director, pursuant to Section 78870, or an order of the court, pursuant to Section 78660, is liable to the department for damages equal to three times the amount of any costs incurred by the state account pursuant to this part as a result of the failure to take proper action. (b) No treble damages shall be imposed under this section against an owner of real property who did not generate, treat, transport, store, or dispose of any hazardous substance on, in, or at the facility located on that real property, as specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
79580.
## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Natural Resources Damages [79580- 79580.] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )
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Punitive damages may not be recovered under Section 79570 for damage to natural resources that happened entirely before September 25, 1981.

## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Natural Resources Damages [79580- 79580.] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 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, 1981. This section shall not be construed as precluding the recovery of punitive damages for injury to or loss of natural resources in an action brought pursuant to any other provision of law. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)

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