Health and Safety Code — Part 85 | HSC — United States — California law | Esheria

Health and Safety Code

Part 85 of 87 · provisions 16,801–17,000

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

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About this statute

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

  1. 79590.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by 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 4. Administrative Process for Penalty Collection [79590 - 79600] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department may serve a penalty complaint, and the recipient can request a hearing within 45 days by filing a notice of defense.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by 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 4. Administrative Process for Penalty Collection [79590 - 79600] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79590. (a) (1) The department may issue a complaint to any person subject to a penalty pursuant to Sections 78680 and 79550. (2) The complaint shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed penalty. (3) The complaint shall be served by personal service or certified mail and shall inform the party so served of the right to a hearing. (b) (1) Any person served with a complaint pursuant to this section may, within 45 days after service of the complaint, request a hearing by filing a notice of defense with the department. A notice of defense is deemed to be filed within a 45-day period if it is postmarked within the 45-day period. (2) If no notice of defense is filed within 45 days after service of the complaint, the department shall issue an order setting liability in the amount proposed in the complaint, unless the department and the party have entered into a settlement agreement, in which case the department shall issue an order setting liability in the amount specified in the settlement agreement. (3) Where the party has not filed a notice of defense or where the department and the party have entered into a settlement agreement, the order shall not be subject to review by any court or agency. (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.)
  2. 79595.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by 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 4. Administrative Process for Penalty Collection [79590 - 79600] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Hearings required under this article must follow the referenced Government Code procedure, and the department has the powers granted by those 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 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Administrative Process for Penalty Collection [79590 - 79600] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79595. (a) Any hearing required under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all powers granted by those provisions. (b) In making a determination, the administrative law judge shall consider the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health and safety or the environment, the violator’s ability to pay the proposed penalty, and the prophylactic effect that imposition of the proposed penalty will have on both the violator and on the regulated community as a whole. (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.)
  3. 79600.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by 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 4. Administrative Process for Penalty Collection [79590 - 79600] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Penalties collected under this article and Section 79550 must be deposited in the state account, and the department may spend those funds only if the Legislature appropriates 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 7. Enforcement [79550 - 79600] ( Chapter 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Administrative Process for Penalty Collection [79590 - 79600] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79600. All penalties collected under this article and Section 79550 shall be deposited in the state account and shall be available for expenditure by the department upon appropriation by the Legislature. (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.)
  4. 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The Attorney General may recover certain response or corrective action costs from a liable person, at the request of the department or regional board, and the department or regional board may choose the recovery method.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79650. (a) A cost incurred by the department or regional board in carrying out or overseeing a response or a corrective action under this part or Chapter 6.5 (commencing with Section 25100) of Division 20 shall be recoverable pursuant to state or federal law by the Attorney General, upon the request of the department or regional board, from the liable person. (b) The amount of response or corrective action costs incurred by the department or regional board shall be recoverable at the discretion of the department or regional board, either in a separate action or by way of intervention as of right in an action for contribution or indemnity. (c) The amount of any response or corrective action costs that may be recovered pursuant to this section shall include interest on any amount paid. (d) A person who is liable for response or corrective action costs incurred at a site shall have the liability reduced by any reimbursements that were paid by that person for that site pursuant to Section 79105. (e) Nothing in this section deprives a party of any defense that the party may have. (f) Moneys recovered by the Attorney General pursuant to this section shall 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.)
  5. 79655.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section sets interest rates on certain monetary obligations to the department and requires the department to waive that interest in specified payment or dispute 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79655. (a) (1) Until June 30, 2021, except as provided in subdivision (b), a monetary obligation to the department pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20 shall be subject to interest from the date of the demand at an interest rate of 7 percent per annum. (2) Commencing July 1, 2021, except as provided in subdivision (b), a monetary obligation to the department pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20 shall be subject to interest from the date of the demand at an interest rate of 10 percent per annum, except that, for obligations of local governments, the interest rate shall be 7 percent per annum. (b) (1) The department shall waive the interest described in subdivision (a) if the obligation is satisfied within 60 days from the date of invoice. (2) If, within 45 days of receiving an invoice, the liable person provides written notice to the department in accordance with its invoice dispute resolution procedures disputing in good faith the monetary obligation specified in the invoice, or a portion thereof, the department shall waive the interest until the dispute is resolved. (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.)
  6. 79660.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    A judgment against one party does not prevent the state account from later bringing an action against a person discovered afterward to be potentially liable for costs and expenditures.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79660. The entry of judgment against any party to the action shall not be deemed to bar any future action by the state account against any person who is later discovered to be potentially liable for costs and expenditures paid by 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.)
  7. 79665.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Costs recoverable under this part are subject to strict liability.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79665. The standard of liability for costs recoverable pursuant to this part is strict liability. (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.)
  8. 79670.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    A person who paid certain response or corrective-action costs may seek contribution or indemnity, and the person filing must notify the director in writing when filing. A court may allocate costs among liable parties using equitable 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [79650 - 79670] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79670. (a) A person who has incurred response or corrective action costs in accordance with this part, Chapter 6.5 (commencing with Section 25100) of Division 20, or the federal act may seek contribution or indemnity from any person who is liable pursuant to this part. (b) An action to enforce a claim may be brought as a cross-complaint by any defendant in an action brought pursuant to Section 79650 or this section, or in a separate action after the person seeking contribution or indemnity has paid response or corrective action costs in accordance with this part, Chapter 6.5 (commencing with Section 25100) of Division 20, or the federal act. (c) A plaintiff or cross-complainant seeking contribution or indemnity shall give written notice to the director upon filing an action or cross-complaint under this section. (d) In resolving claims for contribution or indemnity, the court may allocate costs among liable parties using appropriate equitable factors. (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.)
  9. 79680.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Recovery of Specific Costs or Funds [79680 - 79690] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Costs incurred and payable before July 1, 2006 to implement this part may be recovered from the liable person under Section 79650, as if they were state account 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Recovery of Specific Costs or Funds [79680 - 79690] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79680. Notwithstanding any provision of Section 78165, any costs incurred and payable from the Hazardous Substance Account, the Hazardous Waste Control Account, or the Site Remediation Account prior to July 1, 2006, to implement this part, shall be recoverable from the liable person pursuant to Section 79650 as if the costs were incurred and payable 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.)
  10. 79685.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Recovery of Specific Costs or Funds [79680 - 79690] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The Governor or the state’s authorized representative must act as trustee for the public to recover costs spent under Section 79450, despite Section 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Recovery of Specific Costs or Funds [79680 - 79690] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79685. Notwithstanding Section 78850, the Governor, or the authorized representative of the state, shall act on behalf of the public as trustee of the natural resources to recover costs expended pursuant to Section 79450. (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.)
  11. 79690.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Recovery of Specific Costs or Funds [79680 - 79690] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department must recover funds it spent under Section 79070(a) or (b), as far as possible, 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Recovery of Specific Costs or Funds [79680 - 79690] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79690. The department shall recover any funds expended pursuant to subdivision (a) or (b) of Section 79070 to the maximum possible extent pursuant to Section 79650. (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.)
  12. 79700.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Parties [79700 - 79710] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The state account must be a party in any action to recover costs or expenditures under this part when those costs or expenditures were incurred 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Parties [79700 - 79710] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79700. The state account shall be a party in any action for recovery of costs or expenditures under this part incurred from the state account. (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.)
  13. 79705.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Parties [79700 - 79710] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

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    If certain enforcement actions and hazardous-substance costs are involved, the state account may join the case so costs can be recovered; the Attorney General must represent it and may delegate recovery authority.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Parties [79700 - 79710] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79705. (a) In the event a district attorney, county counsel, or a city attorney has brought an action for civil or criminal penalties pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 against a person for the violation of any provision of that chapter, or any rule, regulation, permit, covenant, standard, requirement, or order issued, adopted, or executed thereunder, and the department has expended moneys from the state account pursuant to Section 78875 for immediate corrective action in response to a release, or threatened release, of a hazardous substance that has resulted, in whole or in part, from the person’s acts or omissions, the state account may be made a party to that action for the purpose of recovering the costs against that person. (b) (1) If the state account is made a party to the action, the Attorney General shall represent the state account for the purpose of recovering the moneys expended from the account. (2) Notwithstanding any other provision of law, and under terms that the Attorney General and the department deem appropriate, the Attorney General may delegate the authority to recover the costs to the district attorney, county counsel, or city attorney who has brought the action pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20. (c) The failure to seek the recovery of moneys expended from the state account as part of the action brought pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 does not foreclose the Attorney General from recovering the moneys in a separate action. (Amended by Stats. 2023, Ch. 154, Sec. 14. (SB 642) Effective January 1, 2024.)
  14. 79710.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Parties [79700 - 79710] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

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    If a party makes a motion and shows enough support, the court must join any person who may be liable for recoverable costs or expenditures to the 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Parties [79700 - 79710] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79710. Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures of the type recoverable under 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.)
  15. 79725.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

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    An action under Section 79650 or 79685 may be started before the applicable limitations period expires.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79725. An action may be commenced under Section 79650 or 79685 at any time prior to expiration of the applicable limitations period provided for by this article. (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.)
  16. 79730.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Cost recovery actions generally must be started within 3 years after certified completion of the relevant response or corrective actions, with a separate 3-year rule when operation and maintenance is required.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79730. (a) (1) Except as provided in paragraph (2) and subdivision (b), an action under Section 79650 for the recovery of costs incurred by the department or a regional board in carrying out or overseeing a response or corrective action pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20, or as otherwise authorized by law, shall be commenced within three years after completion of all response or corrective actions has been certified by the department or a regional board. (2) If operation and maintenance is required as part of the response or corrective action, the action for recovery of costs incurred by the department or a regional board shall be commenced within three years after completion of operation and maintenance has been certified by the department or a regional board. (b) No action described in subdivision (a) may be brought that, as of December 31, 2015, had not been commenced by the department within three years after the certification of the completion of the 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.)
  17. 79735.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    An action for department cost recovery must be started within 3 years after the department certifies completion of the authorized activities.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79735. An action under Section 79685 for costs incurred by the department for the purposes specified in Section 79450 shall be commenced within three years after certification by the department of the completion of the activities authorized under Section 79450. (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.)
  18. 79740.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    After a judgment for past costs or damages in certain cost-recovery actions, the court must keep jurisdiction for future liability, and the department or regional board may enforce the judgment immediately.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79740. (a) (1) In an action described in Section 79730 or 79735 for recovery of response or corrective action costs, oversight costs, or damages, where the court has entered a judgment for past costs or damages, the court shall also enter an order reserving jurisdiction over the case and the court shall have continuing jurisdiction to determine any future liability and the amount of the future liability. (2) The department or regional board may immediately enforce the judgment for past costs and damages. (b) The department or the regional board may apply for a court judgment for further costs and damages that have been incurred during the response or corrective action, operation and maintenance, or during the performance of the activities authorized by Section 79450, but the application shall be made not later than three years after the certification of completion of the response or corrective action, operation and maintenance, or activities authorized pursuant to Section 79450. (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.)
  19. 79745.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This article does not apply to cost recovery actions brought by a regional board under the Water Code.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Timing [79725 - 79745] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79745. This article does not apply to a cost recovery action brought by a regional board under 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.)
  20. 7975.

    ## 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 10. Taxation [7975- 7975.] ( Article 10 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Local governments may not charge a permit fee or tax for reinterment when remains must be removed and reinterred elsewhere under a law or ordinance.

    ## 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 10. Taxation [7975- 7975.] ( Article 10 enacted by Stats. 1939, Ch. 60. ) ## 7975. When any law or ordinance requires that the remains interred in any cemetery be removed and reinterred elsewhere, no county, town or political subdivision in which the reinterment of disinterred remains takes place, shall charge for any permit or levy a tax of any nature for the reinterment. (Enacted by Stats. 1939, Ch. 60.)
  21. 79760.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Scope of Liability [79760 - 79765] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A liable party pays only the share of recoverable costs attributable to its actions, and if shares cannot be established the court must apportion the costs equitably among the defendants, subject to Section 79765.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Scope of Liability [79760 - 79765] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79760. (a) Except as provided in Section 79765, a party found liable for costs recoverable under this part who establishes by a preponderance of the evidence that only a portion of those costs are attributable to that party’s actions shall be required to pay only for that portion. (b) Except as provided in Section 79765, if the trier of fact finds the evidence insufficient to establish each party’s portion of costs under subdivision (a), the court shall apportion those costs, to the extent practicable, according to equitable principles, among the defendants. (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.)
  22. 79765.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Scope of Liability [79760 - 79765] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A response action contractor found liable for recoverable costs must pay only the part of the costs that is attributable to the contractor’s actions, if the contractor proves that only part is attributable.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Scope of Liability [79760 - 79765] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79765. Notwithstanding this part, a response action contractor who is found liable for any costs recoverable under this part and who establishes by a preponderance of the evidence that only a portion of those costs are attributable to the response action contractor’s actions shall be required to pay only that portion of the costs attributable to the response action contractor’s 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.)
  23. 79780.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “Owner” and “Property” 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79780. For purposes of this article, the following definitions apply: (a) “Owner” means either (1) the owner of property who occupies a single-family residence or one-half of a duplex constructed on the property, or (2) the owner of common areas within a residential common interest development who owns those common areas for the benefit of the residential homeowners. This subdivision does not include the developer of the common interest development. (b) “Property” means either (1) real property of five acres or less that is zoned for, and on which has been constructed, a single-family residence, or (2) common areas within a residential common interest development. (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.)
  24. 79785.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says Article 6 controls liability under this part for an owner of property, even if another provision of the part says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79785. Notwithstanding any other provision of this part, this article governs liability pursuant to this part for an owner of property. (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.)
  25. 79790.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

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    A property owner is presumed not to be liable under this part for certain hazardous substance releases tied to 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79790. (a) Notwithstanding any other provision of this part, an owner of property that is the site of a hazardous substance release is presumed to have no liability pursuant to this part for either of the following: (1) A hazardous substance release that has occurred on the property. (2) A release of a hazardous substance to groundwater underlying the property if the release occurred at a site other than the property. (b) The presumption may be rebutted as provided in Section 79800. (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.)
  26. 79795.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A cost-recovery action against a property owner for hazardous substance response costs may not be brought unless the department first certifies that one of the stated conditions 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79795. An action for recovery of costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release may not be brought against an owner of property unless the department first certifies that, in the opinion of the department, one of the following applies: (a) The hazardous substance release that occurred on the property occurred after the owner acquired the property. (b) The hazardous substance release that occurred on the property occurred before the owner acquired the property and at the time of acquisition the owner knew or had reason to know of the hazardous substance release. (c) The owner of property where there has been a release of a hazardous substance to groundwater underlying the property took, or is taking, one or more of the following actions: (1) Caused or contributed to a release of a hazardous substance to the groundwater. (2) Fails to provide the department, or its authorized representative, with access to the property. (3) Interferes with response action 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.)
  27. 7980.

    ## 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 11. Religious Observances [7980- 7980.] ( Article 11 enacted by Stats. 1939, Ch. 60. )

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    Certain people may not disinter, remove, reinter, or dispose of remains from cemeteries controlled by specified religious bodies unless they follow that religious body’s 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 11. Religious Observances [7980- 7980.] ( Article 11 enacted by Stats. 1939, Ch. 60. ) ## 7980. The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery owned, governed or controlled by any religious corporation or by any church or religious society of any denomination or by any corporation sole administering temporalities of any religious denomination, society or church, or owned, governed or controlled by any person or persons as trustee or trustees for any religious denomination, society or church shall not disinter, remove, reinter or dispose of any such remains except in accordance with the rules, regulations and discipline of such religious denomination, society or church. The officers, representatives or agents of the church or religious society shall be the sole judge of the requirements of the rules, regulations and discipline of such religious denomination, society or church. (Enacted by Stats. 1939, Ch. 60.)
  28. 79800.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    In a cost-recovery action against a property owner after a hazardous substance release, the owner may rebut the Section 79790 presumption by proving the department’s certification facts are true by a preponderance of the evidence.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Liability of Residential Property Owner [79780 - 79800] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79800. In an action brought against an owner of property to recover costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release, the presumption established in Section 79790 may be rebutted if it is established by a preponderance of the evidence that the facts upon which the department made the certification pursuant to subdivision (a), (b), or (c) of Section 79795 are true. (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.)
  29. 79810.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Liability of Easement Holder or Special District [79810 - 79825] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the article, including “easement,” “environmental assessment,” “owner,” and “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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Liability of Easement Holder or Special District [79810 - 79825] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79810. For the purposes of this article, the following terms have the following meaning: (a) “Easement” means a conservation easement, as defined in Section 815.1 of the Civil Code. (b) “Environmental assessment” means an investigation of real property, conducted by an independent qualified environmental consultant, to discover the presence or likely presence of a release or a threat of a release of a hazardous substance at, on, to, or from the real property. An environmental assessment shall include, but is not limited to, an investigation of the historical use of the real property, any prior releases, records, consultant reports and regulatory agency correspondence, a visual survey of the real property, and, if warranted, sampling and analytical testing. (c) “Owner” means either of the following: (1) An independent special district, as defined in Section 56044 of the Government Code. (2) An entity or organization that holds an easement. (d) “Property” means either of the following: (1) Real property acquired by a special district by means of a gift or donation for which an environmental assessment was completed prior to the transfer or conveyance of the real property to the special district. (2) An easement for which an environmental assessment was completed prior to the transfer or conveyance of the easement to an entity or organization authorized to accept the easement pursuant to Section 815.3 of the Civil 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.)
  30. 79815.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Liability of Easement Holder or Special District [79810 - 79825] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This article sets the liability rules for owners of property under this part, but only for property acquired on or after January 1, 1995.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Liability of Easement Holder or Special District [79810 - 79825] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79815. (a) Notwithstanding any other provision of this part, this article governs liability pursuant to this part for an owner of property. (b) This article is applicable only to property that is acquired by the owner on or after January 1, 1995. (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.)
  31. 79820.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Liability of Easement Holder or Special District [79810 - 79825] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A property owner may get a rebuttable presumption that they are not a liable person or responsible party if an environmental assessment found no evidence of a hazardous substance release or threat, and a release is later discovered.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Liability of Easement Holder or Special District [79810 - 79825] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79820. (a) Notwithstanding any other provision of this part, if an environmental assessment of property discovers no evidence of the presence or likely presence of a release or a threat of a release of a hazardous substance, and a hazardous substance release is subsequently discovered on, to, or from that property, the owner of that property is entitled to a rebuttable presumption, affecting the burden of producing evidence, that the owner is not a liable person or responsible party for purposes of this part. An owner is entitled to this presumption whether the action is brought by the state or by a private party seeking contribution or indemnification. (b) In an action brought against an owner of property to recover costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release, the presumption may be rebutted if it is established by a preponderance of the evidence that the facts upon which the department made the certification pursuant to subdivision (a), (b), (c), or (d) of Section 79825 are true. (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.)
  32. 79825.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Liability of Easement Holder or Special District [79810 - 79825] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A cost-recovery action for hazardous substance response costs cannot be brought against a property owner unless the department first certifies one of the listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Liability of Easement Holder or Special District [79810 - 79825] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79825. An action for recovery of costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release shall not be brought against an owner of property unless the department first certifies that, as found by the department, one of the following situations applies: (a) The hazardous substance release occurred on or after the date that the owner acquired the property. (b) The hazardous substance release occurred before the date that the owner acquired the property and, at the time of the acquisition, the owner knew, or had reason to know, of the hazardous substance release. (c) The environmental assessment applicable to the property was not properly carried out, was fraudulently completed, or involves the negligent or intentional nondisclosure of information. (d) The hazardous substance release was discovered on or after the date of acquisition and the owner failed to exercise due care with respect to the release, taking into consideration the characteristics of the hazardous substance in light of all relevant facts and 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.)
  33. 79840.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Liability of Operator for Household Hazardous Waste or Used Oil Collection Program [79840 - 79850] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “household hazardous waste collection program.”

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Liability of Operator for Household Hazardous Waste or Used Oil Collection Program [79840 - 79850] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79840. For purposes of this article, “household hazardous waste collection program” means a program or facility, specified in Section 25218.1, in which hazardous wastes from households and very small quantity generators are collected and ultimately transferred to an authorized hazardous waste treatment, storage, or disposal facility. (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.)
  34. 79845.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Liability of Operator for Household Hazardous Waste or Used Oil Collection Program [79840 - 79850] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Certain household hazardous waste and used oil collection operators are protected from liability in specified cost recovery actions if the waste was properly handled and moved to an authorized facility.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Liability of Operator for Household Hazardous Waste or Used Oil Collection Program [79840 - 79850] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79845. A public agency operating a household hazardous waste collection program or a person operating a household hazardous waste collection program under a written agreement with a public agency, or, for material received from the public as used oil, a person operating a certified used oil collection center as provided in Section 48660 of the Public Resources Code, shall not be held liable in a cost recovery action brought pursuant to Section 79650, including, but not limited to, an action to recover the fees imposed by Section 79105 or an action brought pursuant to Section 79670, for waste that has been properly handled and transported to an authorized hazardous waste treatment, storage, or disposal facility at a location other than that of the collection program. (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.)
  35. 79850.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Liability of Operator for Household Hazardous Waste or Used Oil Collection Program [79840 - 79850] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says the article does not change a person's obligations or liabilities under state or federal law, except as provided in Section 79845.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Liability of Operator for Household Hazardous Waste or Used Oil Collection Program [79840 - 79850] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79850. Except as provided in Section 79845, this article does not affect or modify the obligations or liabilities of a person imposed pursuant to state or federal law. (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.)
  36. 79860.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Liability Agreements [79860 - 79865] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Certain liability-transfer agreements are ineffective for recoverable costs or expenditures under this part, except as provided in Article 10. The section does not bar agreements to insure, hold harmless, or indemnify a party for those costs or expenditures.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Liability Agreements [79860 - 79865] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79860. Except as provided in Article 10 (commencing with Section 79875), no indemnification, hold harmless, conveyance, or similar agreement shall be effective to transfer any liability for cost or expenditures recoverable under this part. This section shall not bar any agreement to insure, hold harmless, or indemnify a party to the agreement for any costs or expenditures under 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.)
  37. 79865.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Liability Agreements [79860 - 79865] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Repealing Section 25364.6 does not affect indemnity provided under that section for claims based on acts or omissions that happened before the repeal.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Liability Agreements [79860 - 79865] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79865. The repeal of Section 25364.6, pursuant to Chapter 1226 of the Statutes of 1998, shall not affect any indemnity provided pursuant to that section for any cause of action brought because of any act or omission that occurred before the repeal of that 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.)
  38. 79875.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines terms used in the article, including “affiliate,” “control,” “qualified independent consultant,” “responsible party owner,” and “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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79875. For purposes of this article, the following definitions shall apply: (a) “Affiliate” means any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the responsible party owner. For purposes of this subdivision, “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, or ownership of shares or interests in the entity possessing more than 50 percent of the voting power. (b) “Qualified independent consultant” means either a geologist who is registered pursuant to Section 7850 of the Business and Professions Code or a professional engineer who is registered pursuant to Section 6762 of the Business and Professions Code. (c) “Responsible party owner” means the owner of all or part of the site on January 1, 1993, or if all or a part of the site is transferred to a joint venture formed for purposes of development of the site, the owner of the site immediately prior to that transfer. (d) “Site” means the site of the former Kaiser Steel Corporation steel mill located near the City of Fontana. (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.)
  39. 79880.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The director may release certain people from liability for site removal or remedial actions, 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79880. Notwithstanding any other provision of law, except as provided in Sections 79885 and 79890, the director may release from liability under this part or Chapter 6.5 (commencing with Section 25100) of Division 20, and from liability for any claims of the state for recovery of response costs under the federal act, any of the following persons, with regard to a removal or remedial action at the site: (a) Any person who provides financing for all, or a substantial part of, the costs of performing a removal or remedial action at the site pursuant to a remedial action plan prepared by a qualified independent consultant and issued by the department pursuant to Section 79210 and subdivision (a) of Section 79215, except that the release from liability shall not release the person providing this financing from liability for any hazardous substance release or threatened release resulting from that person’s exercise of decisionmaking control over the performance of the removal or remedial action while the responsible party owner remains in possession of the site. (b) Any person who enters into an agreement with the responsible party owner to provide development services for the development of all, or a part of, the site, including a developer, who becomes a partner in a joint venture partnership with the responsible party owner, if the joint venture is formed for purposes of the development of the site and legal title to the site is transferred by the responsible party owner to the joint venture. If a release from liability is granted to a developer pursuant to this subdivision and the legal title to the site is transferred by the responsible party owner to a joint venture between the developer and the responsible party owner of the site, the responsible party owner shall not be relieved of liability under this part. (c) Any person who acquires an ownership or leasehold interest in all or a part of the site after performance of the removal or remedial action specified in the remedial action plan for the site, or part of the site, has been completed to the satisfaction of 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.)
  40. 79885.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A liability release under Section 79880 cannot be granted unless the listed settlement, payment, financing, assurance, and public-interest 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79885. A release from liability shall not be granted pursuant to Section 79880 unless all of the following conditions are met: (a) A responsible party owner has entered into a stipulated settlement of an order issued by the department pursuant to Section 25187, 78870, or 79055 to perform the removal or remedial action at the site in accordance with the remedial action plan and has arranged financing, contingent only upon obtaining releases from potential liability pursuant to Section 79880, for the costs of performing the removal or remedial action. (b) A responsible party owner agrees to pay all applicable oversight fees required by Section 79105 and to pay any additional costs that are recoverable pursuant to Section 79650. (c) No person to be released from liability pursuant to Section 79880 is a responsible party or an affiliate of a responsible party, with respect to any hazardous substance release existing at the site at the time the release from liability is granted. (d) The stipulated settlement requires the responsible party owner to provide irrevocable financial assurances for full performance of the remedial action plan. The financial assurances may consist of one or more of the financial assurance instruments described in Section 66264.143 of Title 22 of the California Code of Regulations. Upon the approval of the department, the forms of these instruments may be revised as appropriate to apply to the costs of performing the removal or remedial action specified in the remedial action plan. (e) The director finds that the release from liability to be granted will promote the purposes and goals of this part and encourage private investment in property that is in need of remediation. (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.)
  41. 79890.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A liability release under Section 79880 does not cover several listed people or liabilities.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79890. Notwithstanding any other provision of this article, a release from liability granted pursuant to Section 79880 shall not extend to any of the following: (a) (1) Any person who was a responsible party for a hazardous substance release existing at the site before the release from liability was granted. (2) Any entity that is an affiliate of a responsible party described in paragraph (1). (b) Any contractor who prepares the remedial action plan or performs the removal or remedial action provided for in the remedial action plan. (c) Any person who obtains a release pursuant to Section 79880 by fraud or negligent or intentional nondisclosure or misrepresentation. (d) Any liability for a release or threatened release of a hazardous substance first deposited at the site by a person released from liability pursuant to Section 79880 after the release from liability is granted. (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.)
  42. 79895.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A release from liability issued by the director under this article must include a clause preserving liability if the responsible party fails to finish removal or remedial 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79895. Any release from liability granted by the director pursuant to this article shall contain the following provision: “If, for any reason, the responsible party does not complete the removal or remedial action, this release does not extend to any subsequent actions or activities performed by the released party that exacerbate the conditions 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.)
  43. 79900.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The site may be subdivided into parcels under the Subdivision Map Act to help with cleanup, financing cleanup, or financing development that would generate cleanup 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site [79875 - 79900] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79900. The site may be subdivided to create subdivided parcels of land, pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), in order to facilitate removal or remedial action at the site, secure financing for removal or remedial action, or secure financing for development that would generate funds for removal or remedial 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.)
  44. 79910.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Costs Incurred at BKK Landfill Site [79910- 79910.] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Costs a state agency incurs for hazardous substance response action at the BKK Landfills Site are treated as a contribution toward any potential liability.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Costs Incurred at BKK Landfill Site [79910- 79910.] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79910. (a) Notwithstanding any other provision of this chapter, the costs incurred by a state agency to take a hazardous substance response action at the BKK Landfills Site in the City of West Covina shall be deemed to be a contribution towards any potential liability for response costs or damages imposed pursuant to state law upon a state agency that arranged for the disposal or treatment of a hazardous substance at that site. (b) The Legislature declares its intent that the costs incurred by a state agency to take action in response to a hazardous substance release at the BKK Landfills Site in the City of West Covina shall be deemed to be a contribution towards any potential liability for response costs or damages imposed pursuant to the federal act upon a state agency that arranged for the disposal or treatment of a hazardous substance at 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.)
  45. 79920.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Settlement [79920- 79920.] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department must propose an expedited settlement with potentially responsible parties when the statute’s conditions are met, and settlement participants must provide requested 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Settlement [79920- 79920.] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79920. (a) The department shall, if it determines that it is practicable and in the public interest, propose a final administrative or judicial expedited settlement with potentially responsible parties if the settlement involves only a minor portion of the response costs at a site and, if in the judgment of the department, either of the following conditions are met: (1) The amount of hazardous substances and the toxic or other hazardous effects of the hazardous substances contributed by the potentially responsible party to the site are minimal in comparison to the amount and effects of other hazardous substances at the site. (2) The potentially responsible party is the owner of the real property on or in which the site is located, did not conduct or permit the generation, transportation, storage, treatment, or disposal of any hazardous substance at the site, and did not contribute to the release or threat of release of a hazardous substance at the site through any act or omission. This paragraph does not apply if the potentially responsible party, at the time of the purchase of the real property, knew or should have known that the property was used for the generation, transportation, storage, treatment, or disposal of any hazardous substance. (b) A party who has resolved its liability to the state under this section shall not be liable for claims for contribution regarding matters addressed in the settlement. A settlement under this section does not discharge any of the other potentially responsible parties unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement. (c) Any person who enters into a settlement under this section shall provide any information relevant to the administration of this part that is requested by the department. In order to obtain the contribution protection provided by subdivision (b), a potentially responsible party participating in a de minimis settlement shall certify that it has responded fully and accurately to all of the department’s requests for information, and that it has provided all of the relevant documents pertaining to the site to the department. (d) Nothing in this section shall be construed to affect the authority of the department or regional board to reach settlements with other potentially responsible parties under 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.)
  46. 79935.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Costs or damages incurred by the department or regional board create a lien on the responsible party’s real property affected by the cleanup.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79935. (a) (1) Any costs or damages incurred by the department or regional board pursuant to this part constitute a claim and lien upon the real property owned by the responsible party that is subject to, or affected by, the removal and remedial action. (2) The lien provided by this article shall continue until the liability for these costs or damages, or a judgment against the responsible party, is satisfied. However, if it is determined by the court that the judgment against the responsible party will not be satisfied, the department may exercise its rights under the lien. (b) This lien shall attach regardless of whether the responsible party is insolvent. (c) A lien established by this article shall be subject to the notice and hearing procedures required by due process of the law and shall arise at the time costs are first incurred by the department or regional board with respect to a 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.)
  47. 79940.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    When the lien under this article is recorded in the county where the property is located, it has the force, effect, and priority of a judgment lien.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79940. The lien imposed by this article shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien 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.)
  48. 79945.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A lien must include specified property information, including the legal description, assessor’s parcel number, and owner of record.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79945. (a) The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll. (b) The lien shall also contain a legal description of the property that is the site of the hazardous substance release, the assessor’s parcel number for that property, and the name of the owner of record, as shown on the latest equalized assessment roll, of that property. (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.)
  49. 79950.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department is not treated as a responsible party for a hazardous substance release site when a claim and lien is imposed 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79950. The department shall not be considered a responsible party for a hazardous substance release site because a claim and lien is imposed pursuant to this article. (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.)
  50. 79955.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Funds recovered under this article must be deposited 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 8. Cost Recovery [79650 - 79955] ( Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 13. Liens [79935 - 79955] ( Article 13 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 79955. All funds recovered pursuant to this article shall 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.)
  51. 8.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    ‘Writing’ includes recorded messages readable by ordinary visual means, and notices, reports, statements, or records required or authorized by the code must be in writing in English unless another provision says otherwise.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 8. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. (Enacted by Stats. 1939, Ch. 60.)
  52. 8000.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. )

    Verify source ↗

    A county board of supervisors may order disinterment and removal of all remains from a county cemetery if the statutory conditions are met.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. ) ## 8000. If it appears to the board of supervisors of any county owning a county cemetery that: (a) It is necessary that the property be used for other purposes, and (b) The cemetery is located on a portion of the site of an existing county institution maintained for the relief of the indigent, sick and afflicted, and (c) Adequate facilities are otherwise provided for by the county for the burial of the indigent dead; the board may, by following the procedure contained in this article, order the disinterment and removal of all humam remains interred in such cemetery. (Amended by Stats. 1961, Ch. 303.)
  53. 80000.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [80000 - 80010] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “Fund” and “orphan share” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [80000 - 80010] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80000. For purposes of this chapter, the following definitions shall apply: (a) “Fund” means the Orphan Share Reimbursement Trust Fund established pursuant to Section 80020. (b) “Orphan share” means the share of liability for the costs of response action that is attributable to the activities of persons who are defunct or insolvent, as determined pursuant to Section 80070. (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. Conditionally operative pursuant to Sec. 80100.)
  54. 80005.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [80000 - 80010] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The Legislature declares that this chapter creates an Orphan Share Reimbursement Trust Fund to help cover cleanup liability shares tied to insolvent or defunct parties, when fund money 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 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [80000 - 80010] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80005. The Legislature finds and declares all of the following: (a) This chapter, which establishes an Orphan Share Reimbursement Trust Fund, operates in conjunction with the federal liability scheme under the federal act as in effect on July 1, 1998, for the recovery of response costs expended by government agencies. (b) Under federal liability, at sites where there are insolvent or defunct parties that cannot contribute to the cost of cleanup, viable responsible parties pay the share of liability for that cleanup that may be attributable to insolvent and defunct parties. (c) The Orphan Share Reimbursement Trust Fund is created to mitigate the payment of an insolvent or defunct party’s liability share by viable responsible parties, to the extent money in the fund is available, and to encourage responsible parties to quickly and efficiently remediate contamination. (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. Conditionally operative pursuant to Sec. 80100.)
  55. 8001.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. )

    Verify source ↗

    Before a county removes cemetery remains after an abandonment declaration, it must give public notice, mail notice to known living heirs when their addresses are known, and wait at least 60 days after first publication before removal.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. ) ## 8001. Any resolution or declaration for abandonment adopted and made under the provisions of this article shall specify and declare that at any time after the expiration of 60 days after the first publication of the notice of declaration of intended abandonment and removal, the human remains then remaining in the cemetery will be removed by the county owning the cemetery. Notice of the declaration of intended abandonment of the cemetery and proposed removal of the human remains interred therein shall be given to all persons interested therein by publication in the newspaper of general circulation published in the county determined by the board of supervisors most likely to give notice to the parties concerned. Publication shall be made once a week for four consecutive times. The notice shall be entitled “Notice of Declaration of Abandonment of Lands for Cemetery Purposes and of Intention to Remove Human Bodies Interred Therein,” and shall specify a date not less than 60 days after the first publication of the notice when the county controlling the cemetery lands and causing the notice to be published will proceed to remove the human remains then remaining in such cemetery. Notice shall also be mailed to any known living heir-at-law of any person whose remains are interred in the cemetery when the address of the heir is known. (Added by Stats. 1947, Ch. 586.)
  56. 80010.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [80000 - 80010] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department, regional board, and Attorney General are not blocked by this chapter from pursuing existing legal, equitable, or administrative remedies, and the state is not liable beyond paying claims when money is available and allocated as specified.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. General Provisions [80000 - 80010] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80010. (a) This chapter does not prohibit, and is not intended to prohibit, the department, the regional board, or the Attorney General from pursuing any existing legal, equitable, or administrative remedies, pursuant to federal or state law, against any potentially responsible party. (b) No liability or obligation is imposed upon the state pursuant to this chapter, and the state shall not incur a liability or obligation beyond the payment of claims pursuant to this chapter, to the extent that money is available and has been allocated by the administrator under subdivision (a) of Section 80050. No legal action may be brought against the Orphan Share Reimbursement Trust Fund 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. Conditionally operative pursuant to Sec. 80100.)
  57. 8002.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. )

    Verify source ↗

    Before the county’s removal date, a relative or friend may voluntarily remove and reinter remains from the cemetery.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. ) ## 8002. At any time before the date fixed for the removal of the remains by the county owning or controlling such cemetery land, any relative or friend of any person whose remains are interred in the cemetery may voluntarily remove the remains and reinter the same as he may desire. (Added by Stats. 1947, Ch. 586.)
  58. 80020.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Orphan Share Reimbursement Trust Fund [80020 - 80025] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The Orphan Share Reimbursement Trust Fund is created in the State Treasury, and its administrator may spend fund money only with legislative appropriation and must manage the fund prudently and protect it from unreasonable or unjustified claims.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Orphan Share Reimbursement Trust Fund [80020 - 80025] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80020. (a) The Orphan Share Reimbursement Trust Fund is hereby created in the State Treasury. (b) The administrator of the fund may expend the money deposited in the fund as provided in this chapter, upon appropriation by the Legislature. The administrator of the fund shall act in a fiduciary capacity, shall prudently administer the fund, and shall protect the fund from any unreasonable or unjustified claims, including any unreasonable or unjustified determinations of the orphan share percentage. (c) If an appropriation from the General Fund is made to the fund in any fiscal year and an amount greater than five million dollars ($5,000,000) in unexpended funds, beyond any amount approved by the administrator of the fund to pay claims pursuant to this chapter from that General Fund appropriation, remain in the fund at the end of that fiscal year, and if the department determines that additional funding for orphan sites beyond that appropriated from the state account is required for the next fiscal year, the administrator may expend the amount in excess of five million dollars ($5,000,000) from the General Fund appropriation to pay for response costs incurred by the department or the regional boards under this part at sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 where no viable responsible parties exist. (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. Conditionally operative pursuant to Sec. 80100.)
  59. 80025.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Orphan Share Reimbursement Trust Fund [80020 - 80025] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The administrator of the fund may spend fund money only for the listed purposes, subject to stated exceptions and a 5% cap for subdivision (c) expenditures.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Orphan Share Reimbursement Trust Fund [80020 - 80025] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80025. Except as provided in subdivision (b) of Section 78420 and subdivision (c) of Section 80020, the administrator of the fund may expend the money in the fund for all of the following purposes: (a) To pay claims for reimbursement of all, or any part of, the orphan share at a site paid by the responsible party filed pursuant to Sections 80040, 80045, and 80050. (b) For the costs of implementing this chapter. (c) To pay the reasonable costs of the department and the regional board for performance of its duties under this chapter, including, but not limited to, its participation in the orphan share determination process set forth in Section 80070, unless those costs are paid by a potentially responsible party under an agreement specified in subdivision (c) of Section 80040. The expenditures from the fund for purposes of this subdivision shall not exceed 5 percent of the total amount appropriated from the fund in the annual Budget Act for purposes of this section for that fiscal year. (d) To pay the portion of costs attributable to the orphan share incurred by the department and the regional boards to oversee actions of potentially responsible parties, unless those costs are paid by a potentially responsible party under an agreement specified in subdivision (c) of Section 80040. (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. Conditionally operative pursuant to Sec. 80100.)
  60. 8003.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. )

    Verify source ↗

    A county may remove human remains from a cemetery that is about to be abandoned and reinter them in another county cemetery where burials are permitted, after the required notice and 60 days have passed.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. ) ## 8003. After the publication and mailing of the notice mentioned in Section 8001 of this code and after the expiration of the 60 days specified in the notice, the county shall have the power to cause the removal of all human remains interred in the cemetery about to be abandoned and to cause the reinterment in other cemeteries of the county in which burials are permitted, without further notice to any persons claiming an interest in the remains therein interred. (Added by Stats. 1947, Ch. 586.)
  61. 8004.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. )

    Verify source ↗

    A county that removes bodies from an abandoned cemetery must reinter them in a separate, suitable receptacle, mark the reinterment site, and keep a record open to relatives and friends.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. ) ## 8004. Whenever the remains of any person shall be removed from any abandoned cemetery by the county owning such abandoned cemetery, such remains shall be transported and reinterred in a separate and suitable receptacle. After the removal and reinterment of human bodies disinterred from an abandoned cemetery, the county owning or controlling the abandoned cemetery lands shall cause to be erected upon or imbedded in any lot or plot wherein such body is reinterred a suitable permanent marker identifying the remains with as much particularity as is available to such county and shall prepare a complete record of the name of each person, where known, and the lot or plot where the body is reinterred and such record shall be kept in the office of the board of supervisors of the county making such removals and reinterments and shall at all times be open to the relatives and friends of those so reinterred. (Added by Stats. 1947, Ch. 586.)
  62. 80040.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Claims for Orphan Share Reimbursement [80040 - 80055] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A potentially responsible party may file a reimbursement claim only if several site, remedy, agreement, financial, compliance, information, and oversight 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 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Claims for Orphan Share Reimbursement [80040 - 80055] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80040. A potentially responsible party may file a claim pursuant to subdivision (a) of Section 80025 only if all of the following apply: (a) The site is listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4. (b) The department or the regional board has approved a final remedy for the site under Article 12 (commencing with Section 79195) of Chapter 5. (c) The department and the potentially responsible party have entered into a written, enforceable cleanup agreement or order embodied in a consent order issued pursuant to Section 78870 or 79055, or the regional board and the potentially responsible party have entered into a written, enforceable cleanup agreement or order that provides for the completion of all response actions necessary at the site, conducted pursuant to this part and under the oversight and at the direction of the department or the regional board. The agreement shall provide for the payment by the potentially responsible party of the department’s or the regional board’s response costs. (d) The potentially responsible party demonstrates, and the department or the regional board finds, that the potentially responsible party has and will have sufficient financial resources to complete all required response actions. (e) The potentially responsible party is in compliance with the agreement provided in subdivision (c), and with any other applicable order or agreement pertaining to the potentially responsible party’s obligations with respect to the site. (f) The potentially responsible party has prepared and provided the information required under subdivision (b) of Section 80070. (g) The claim for reimbursement is for the costs incurred for response actions that were subject to the oversight and approval of the department or the regional 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. Conditionally operative pursuant to Sec. 80100.)
  63. 80045.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Claims for Orphan Share Reimbursement [80040 - 80055] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The fund administrator must set claim forms and procedures, and claimants must submit specified documentation when filing certain claims.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Claims for Orphan Share Reimbursement [80040 - 80055] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80045. The administrator of the fund shall prescribe appropriate application forms and procedures for claims filed pursuant to subdivision (a) of Section 80025 that shall include all of the following: (a) Requirements that the claimant provide, at a minimum, all of the following documentation: (1) A sworn verification of the claim to the best of the information known to the claimant or within the claimant’s possession or control. (2) All records and information pertaining to the site and relevant to the ownership, operation, or control of the site, or to the ownership, possession, generation, treatment, transportation, storage or disposal of a hazardous substance, pollutant, or contaminant at or in connection with the site, within the possession or control of the claimant, including, but not limited to, the information specified in subdivision (a) of Section 78440. (3) Certification of all response costs that have been, or will be, incurred at the site by the potentially responsible party, and an estimate of the total cost of completion of the approved final remedy at the site. (b) Procedures specifying that claims shall be filed only at the two following specific time periods during the performance of a response action: (1) After the final remedy is selected under Article 12 (commencing with Section 79195) of Chapter 5. (2) After the department or the regional board determines that the response action is complete. The department or the regional board shall not include operation and maintenance activities in determining whether the response action is complete 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. Conditionally operative pursuant to Sec. 80100.)
  64. 8005.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. )

    Verify source ↗

    After all human remains are removed, the board of supervisors may use, manage, and control the property as county property.

    ## 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 12. Removal by Counties [8000 - 8005] ( Article 12 added by Stats. 1947, Ch. 586. ) ## 8005. After the removal of all human remains the property may be used, managed and controlled by the board of supervisors as other county property. (Added by Stats. 1947, Ch. 586.)
  65. 80050.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Claims for Orphan Share Reimbursement [80040 - 80055] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The fund administrator must pay yearly reimbursement claims, with a July 30 filing deadline and specific rules for allocation, priority, and public 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 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Claims for Orphan Share Reimbursement [80040 - 80055] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80050. (a) The administrator of the fund shall annually, on a fiscal year basis, pay claims for reimbursement from the fund filed by potentially responsible parties under subdivision (a) of Section 80025, in accordance with the following procedures: (1) Claims for funds available during each fiscal year shall be filed with the administrator by July 30 of that fiscal year. (2) For sites with multiple responsible parties, all potentially responsible parties that have entered into the cleanup agreement specified in subdivision (c) of Section 80040 shall file a single claim. (3) (A) The administrator shall allocate the money available in the fund for the fiscal year among the claims filed by the July 30 deadline. The allocation shall be based on the determination of the orphan share percentage at the facility under the process set forth in Section 80070, the long-term financial stability and short-term resources available in the fund, and the administrator’s fiduciary duty with respect to the fund. Except as provided in subparagraph (B), the administrator shall pay claims for funds in the order in which they are received. (B) Notwithstanding subparagraph (A), if an appropriation from the General Fund is made to the fund in any fiscal year, the administrator may alter the order of payment of claims required by subparagraph (A) by using funds appropriated from the General Fund to pay claims based on the threat to public health or the environment posed by a site or the need to improve economic and environmental conditions in redeveloping communities. (4) The total amount allocated to any one site shall not exceed 10 percent of the total amount available each fiscal year in the fund. If, due to this limit or to the unavailability of funds, a claimant receives only partial or no reimbursement of the orphan share paid by that claimant, the claim shall be paid in the following fiscal year and shall be given priority over all claims filed after the claim was initially received, subject to the discretion of the administrator set forth in paragraph (3). (5) The administrator’s proposed allocation shall be subject to public review and comment for 30 days. (b) The state and the fund have no obligation to provide full reimbursement to a claimant. The fund shall be allocated at the discretion of the administrator, subject to the requirements of this chapter. In enacting this chapter, the Legislature intends that claimants be reimbursed only to the extent that money is available in the fund and is allocated to the claimant by the administrator. (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. Conditionally operative pursuant to Sec. 80100.)
  66. 80055.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Claims for Orphan Share Reimbursement [80040 - 80055] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A reimbursement claim under Section 80025(a) may not be filed for certain categories of sites, including listed, remediated, or fully remediated sites meeting the stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Claims for Orphan Share Reimbursement [80040 - 80055] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80055. A claim for reimbursement under subdivision (a) of Section 80025 shall not be filed for any of the following: (a) Sites listed on the National Priorities List pursuant to the federal act (42 U.S.C. Sec. 9605(a)(8)(B)). (b) Sites remediated pursuant to former Chapter 6.85 (commencing with Section 25396) of Division 20. (c) Sites, or portions of sites, for which the potentially responsible party has agreed to take all response action required by the department or the regional board at the site, and that agreement is embodied in a written, enforceable settlement agreement, including, but not limited to, a judicial consent decree, entered into prior to January 1, 1999. (d) Sites, or portions of sites, that have been fully remediated for which the department or the regional board has determined that the response action is complete prior to January 1, 1999. The department or the regional board shall not include operation and maintenance activities in determining whether the response action is complete under 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. Conditionally operative pursuant to Sec. 80100.)
  67. 80070.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Determination of Orphan Share [80070- 80070.] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section sets how the orphan share percentage must be calculated and documented.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Determination of Orphan Share [80070- 80070.] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80070. For the purposes of this chapter, the orphan share shall be determined in the following manner: (a) The orphan share shall be expressed as a percentage in multiples of five, up to, and, including, but not greater than, 75 percent. (b) The potentially responsible party filing a claim for reimbursement of the orphan share shall provide the administrator of the fund with a written potentially responsible party search report that shall include a list of all potentially responsible parties identified for the site, the factual and legal basis for identifying those parties, and a proposed orphan share percentage. The potentially responsible party shall also provide the administrator with the factual documentation necessary to support the proposed orphan share percentage. (c) Upon receipt of the information required by subdivision (b), the administrator of the fund shall invite all identified potentially responsible parties and the department and the regional board to submit any additional information relating to the proposed orphan share percentage or to the list of identified potentially responsible parties. (d) The administrator of the fund, in consultation with the department or the regional board, shall determine a final orphan share percentage based on the volume, toxicity, and difficulty of removal of the contaminants contributed to the site by the party responsible for the orphan share. The administrator shall determine the orphan share timely and efficiently and is not required to precisely determine all relevant factors, as long as the determination is generally equitable. In addition, the administrator may consider the results of any apportionment or allocation conducted by voluntary arbitration or mediation or by a civil action filed by a potentially responsible party, or any other apportionment or allocation decision that is helpful when determining the orphan share percentage. (e) A potentially responsible party shall not assert, and the administrator of the fund shall not determine, that the orphan share percentage includes the share of liability attributable to a potentially responsible party’s acts that occurred before January 1, 1982, unless that share of responsibility is attributable to a person who is defunct or insolvent. (f) In determining the orphan share percentage under this section, the administrator of the fund may perform any of the activities authorized in subdivisions (a) and (c) of Section 78440. (g) The administrator of the fund shall issue all orphan share percentage determinations in writing, with notification to all appropriate parties. The decision of the administrator with respect to either apportionment or payment of claims is a final agency action for the purposes of judicial review of the decision by any party to the proceedings resulting in the decision; however, judicial review of the administrator’s decision is limited to a showing of fraud by a party submitting information under this section. The administrator shall be represented by the Attorney General in any action brought under this chapter. (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. Conditionally operative pursuant to Sec. 80100.)
  68. 80080.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Enforcement and Cost Recovery [80080 - 80090] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The Attorney General may recover certain fund-paid costs from a liable person who has not signed, or is not complying with, a required written cleanup agreement, if the fund administrator requests recovery.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Enforcement and Cost Recovery [80080 - 80090] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80080. Any costs paid from the fund pursuant to subdivisions (a) and (d) of Section 80025 shall be recoverable by the Attorney General, at the request of the administrator of the fund, from any liable person who has not entered into, or is not in compliance with, a written cleanup agreement entered into pursuant to subdivision (c) of Section 80040 that provides for the completion of all response actions necessary at the site under the oversight and at the direction of the department or the regional 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. Conditionally operative pursuant to Sec. 80100.)
  69. 80085.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Enforcement and Cost Recovery [80080 - 80090] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

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    A potentially responsible party that withholds required information or submits false information is subject to a civil penalty of up to $25,000 for each item involved.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Enforcement and Cost Recovery [80080 - 80090] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80085. Any potentially responsible party who withholds information required to be submitted under this section or Section 80080, or who submits false information, is subject to a civil penalty of up to twenty-five thousand dollars ($25,000) for each piece of information withheld or for each piece of false information submitted. (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. Conditionally operative pursuant to Sec. 80100.)
  70. 80090.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Enforcement and Cost Recovery [80080 - 80090] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section creates a lien for costs recovered from the fund, limits the lien to the site’s value increase from the response action, and requires recovered money to be deposited in the 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 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Enforcement and Cost Recovery [80080 - 80090] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80090. (a) Any costs incurred and payable from the fund by the administrator pursuant to this chapter shall constitute a claim and lien upon the real property owned by a responsible party that is subject to, or affected by, a response action. A lien established by this subdivision shall have all of the following properties: (1) The lien shall not exceed the increase in fair market value of the site attributable to the response action at the time of a subsequent sale or other disposition of the site. (2) The lien shall attach regardless of whether the responsible party property owner is solvent. (3) The lien shall arise at the time costs to the fund are first incurred by the administrator. (4) The lien shall be subject to the notice and hearing procedures that due process of the law requires. (b) Neither the administrator of the fund nor the fund shall be considered a responsible party for a hazardous substance release site because a claim and lien is imposed pursuant to this section. (c) (1) The lien imposed by this section shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien is located. (2) The lien shall contain the legal description of the property, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll. The lien shall also contain a legal description of the property that is the site of the hazardous substance release, the assessor’s parcel number for that property, and the name of the owner of record, as shown on the latest equalized assessment roll, of that property. (d) All funds recovered pursuant to this section shall be deposited in the 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. Conditionally operative pursuant to Sec. 80100.)
  71. 8010.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 1. General Provisions [8010 - 8011] ( Article 1 added by Stats. 2001, Ch. 818, Sec. 1. )

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    This chapter may be cited as the California Native American Graves Protection and Repatriation Act of 2001.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 1. General Provisions [8010 - 8011] ( Article 1 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8010. This chapter shall be known, and may be cited as the California Native American Graves Protection and Repatriation Act of 2001. (Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
  72. 80100.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Operative Date [80100- 80100.] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This chapter starts operating when a statute either appropriates money to the fund or creates a revenue source for the fund; it is suspended in any fiscal year when neither happens.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 9. Orphan Share Reimbursement [80000 - 80100] ( Chapter 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Operative Date [80100- 80100.] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80100. (a) This chapter shall become operative on the operative date of the statute that does either, or both, of the following: (1) Appropriates funds to the fund to implement this chapter. (2) Establishes a revenue source for the fund. (b) Notwithstanding subdivision (a), the operation of this chapter shall be suspended during any fiscal year in which both no funds are appropriated to the fund to implement this chapter and no revenue source for the fund is operative. (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.)
  73. 8011.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 1. General Provisions [8010 - 8011] ( Article 1 added by Stats. 2001, Ch. 818, Sec. 1. )

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    The Legislature says California should handle Native American human remains and cultural items respectfully, align state repatriation policy with federal law, and provide claim and assistance processes.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 1. General Provisions [8010 - 8011] ( Article 1 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8011. It is the intent of the Legislature to do all of the following: (a) Provide a seamless and consistent state policy to ensure that all California Indian human remains and cultural items be treated with dignity and respect. (b) Apply the state’s repatriation policy consistently with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), which was enacted in 1990, as subsequently amended, while considering the unique history of California towards California Indian tribes and the canon of construction regarding federal Indian law with respect to laws must be interpreted as the Indians would have understood them, be construed liberally in favor of the Indians, resolve all ambiguities in the law in favor of the Indians, and preserve tribal property rights and sovereignty unless a contrary intent is clearly stated. (c) Facilitate the implementation of the federal Native American Graves Protection and Repatriation Act with respect to publicly funded agencies and museums in California. (d) Encourage voluntary disclosure and return of Native American human remains and cultural items by a private institution or museum. (e) Provide a process whereby lineal descendants and culturally or geographically affiliated California Indian tribes that file repatriation claims for Native American human remains and cultural items under the Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) or under this chapter with California state agencies and museums may request assistance from the commission in ensuring that state agencies and museums are responding to those claims in a timely manner and in facilitating the resolution of disputes regarding those claims. (f) Provide a process whereby California Indian tribes that are not federally recognized may file claims with agencies and museums for repatriation of human remains and cultural items. (Amended by Stats. 2020, Ch. 167, Sec. 3. (AB 275) Effective January 1, 2021.)
  74. 8012.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

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    This section defines key terms used in the chapter on California Native American graves protection and repatriation.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8012. Terms used in this chapter have the same meaning as defined in the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), and as interpreted by federal regulations, except that the following terms have the following meaning: (a) “Agency” means a division, department, bureau, commission, board, council, city, county, city and county, district, or other political subdivision of the state. (b) “Burial site” means, except for cemeteries and graveyards protected or recognized under another state law, a natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains were deposited as a part of the death rites or ceremonies of a culture. (c) “California Indian tribe” means a tribe located in California to which either of the following applies: (1) It meets the definition of Indian tribe under the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). (2) It is not recognized by the federal government, but is a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of consultation pursuant to Section 65352.3 of the Government Code. (d) “Commission” means the Native American Heritage Commission established pursuant to Section 5097.91 of the Public Resources Code. (e) “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, achieving agreement. Consultation between agencies or museums and California Indian tribes shall be conducted in a manner that is respectful of tribal sovereignty. Consultation also shall recognize the tribes’ potential need for confidentiality with respect to tribal traditional knowledge and all tribal information shared during the consultation. (f) “Control” means having ownership of Native American human remains and cultural items sufficient to lawfully permit an agency or museum to treat the object as part of its collection for purposes of this chapter, whether or not the human remains and cultural items are in the physical custody of the agency or museum. Human remains and cultural items on loan to an agency or museum from another person, agency, or museum shall be deemed to be in the control of the lender. (g) “Cultural items” shall have the same meaning as defined in Section 3001 of Title 25 of the United States Code, as it read on January 1, 2020, except that it shall mean only those items that originated in California and are subject to the definition of reasonable, as defined in subdivision (l). An item is not precluded from being a cultural item solely because of its age. (h) “Inventory” means an itemized list that summarizes the collection of Native American human remains and associated funerary objects in the possession or control of an agency or museum. This itemized list may include the inventory list required under the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). (i) “Museum” means an agency, museum, person, or entity, including a higher educational institution, that receives state funds. For purposes of this subdivision, “receives states funds” means that the museum has received funds after January 1, 2002, from a state agency through a grant, loan, or contract, other than a procurement contract, or other arrangement by which a state agency makes available aid in the form of funds. State funds provided for any purpose to a larger entity of which the museum is a part of are considered as the museum receiving those funds for the purposes of this subdivision. (j) “Possession” means having physical custody of Native American human remains and cultural items with a sufficient legal interest to lawfully treat the human remains and cultural items as part of a collection. “Possession” does not include human remains and cultural items over which the agency has control but that are currently on loan to another person or entity. (k) “Preponderance of the evidence” means that the party’s evidence on a fact indicates that it is more likely than not that the fact is true. Tribal traditional knowledge alone may be sufficient to meet this standard. If there is conflicting evidence, tribal traditional knowledge shall be provided deference. (l) “Reasonable” means fair, proper, rational, and suitable under the circumstances. Tribal traditional knowledge can and should be used to establish reasonable conclusions with respect to determining cultural affiliation and identifying cultural items. (m) “State aboriginal territory” means lands identified as aboriginally occupied by one or more California Indian tribes. State aboriginal territory may be recognized by any of the following: consultation with California Indian tribes, treaties, including those agreed to but not ratified, a final judgment of the federal Indian Claims Commission or the United States Court of Claims, an act of the United States Congress, or an executive order. (n) “State cultural affiliation” means that there is a reasonable relationship of shared group identity that can reasonably be traced historically or precontact between members of a present-day California Indian tribe and an identifiable earlier tribe or group. Cultural affiliation shall be established based on one or more of the following: (1) Geography. (2) Kinship. (3) Biology. (4) Archaeology. (5) Linguistics. (6) Folklore. (7) Oral tradition. (8) Historical evidence. (9) Tribal traditional knowledge. (10) Other information or expert opinion that reasonably leads to that conclusion. (o) “Summary” means a document that summarizes the collection of unassociated funerary objects, sacred objects, or objects of cultural patrimony in the possession or control of an agency or museum. This document may include the summary prepared under the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). (p) “Tribal traditional knowledge” means knowledge systems embedded and often safeguarded in the traditional culture of California Indian tribes and lineal descendants, including, but not limited to, knowledge about ancestral territories, cultural affiliation, traditional cultural properties and landscapes, culturescapes, traditional ceremonial and funerary practices, lifeways, customs and traditions, climate, material culture, and subsistence. Tribal traditional knowledge is expert opinion. (Repealed and added by Stats. 2020, Ch. 167, Sec. 5. (AB 275) Effective January 1, 2021.)
  75. 8013.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

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    The commission must create and share a tribal list, and agencies and museums must inventory, summarize, consult, update, and provide records for certain Native American human remains and cultural items by set deadlines.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8013. (a) On or before January 1, 2021, the commission shall develop a list of all California Indian tribes and their respective state aboriginal territories. The commission shall notify in writing all agencies, museums, and California Indian tribes that the commission maintains that list. This list is solely for the purpose of the repatriation of Native American tribal human remains and cultural items. (b) (1) On or before January 1, 2022, each agency or museum that has possession or control of California Native American human remains and associated funerary objects shall complete an inventory, or update a preliminary inventory, of all these remains and associated funerary objects and, to the extent possible based on all information possessed by the agency or museum, do all of the following: (A) Identify the geographical location, cultural affiliation, aboriginal territory, and the circumstances surrounding their acquisition. (B) Consult, prior to new or additional inventory work being conducted, with affiliated California Indian tribes on any protocols to be used in the inventory process, including, but not limited to, all of the following: (i) Minimizing handling. (ii) Using a lot approach with a minimum number of individuals set at one. (iii) Identifying human remains and associated funerary objects, burial site, or ceremonial items with tribal expertise receiving deference. (C) (i) List in the preliminary inventory the human remains and associated funerary objects that are clearly identifiable as to state cultural affiliation with California Indian tribes. These human remains and cultural items shall be listed first to expedite the repatriation of these items. (ii) Tribal traditional knowledge shall be used to establish state cultural affiliation and identify associated funerary objects. The museum also shall record any identifications of cultural items that are made by tribal representatives. The identifications may include broad categorical identifications, including, but not limited to, the identification of everything from a burial site as a funerary object. (D) List the human remains and associated funerary objects that are not clearly identifiable by state cultural affiliation but that, given the totality of circumstances surrounding their acquisition and characteristics, including the unique circumstances of California history, are determined by a reasonable belief to be human remains and associated funerary objects with a state cultural affiliation with one or more California Indian tribes. Consult with California Indian tribes reasonably believed to be culturally affiliated with the items, during the compilation of the preliminary inventory as part of the determination of affiliation. If the agency or museum cannot determine which California Indian tribes are believed to be culturally affiliated with the items, tribes that may be culturally affiliated with the items, in consultation with the commission, shall be consulted during the compilation of the preliminary inventory. The consultation shall be with California Indian tribes whose state aboriginal territory includes the area from which the human remains and associated funerary objects were removed. (E) List the human remains and associated funerary objects that are not identifiable by state cultural affiliation, but, given the totality of the circumstances, including the unique circumstances of California history, are determined by a reasonable belief to have been removed from an area identified as the state aboriginal territory of one or more California Indian tribes. (2) The museum or agency shall engage in consultation with California Indian tribes as part of the completion of the inventory required by this subdivision. The commission may assist with the identification of California Indian tribes, but the agency or museum bears the obligation to contact and consult with the California Indian tribes. (F) Provide the original and any updated catalogues to the consulting California Indian tribes. (c) (1) On or before January 1, 2022, an agency or museum that has possession or control over a California Indian tribe’s unassociated funerary objects, sacred objects, or objects of cultural patrimony shall provide a written preliminary summary of the objects based upon available information held by the agency or museum. Because it may not be clear whether Native American objects are cultural items, all museum collections of Native American ethnographic or archaeological objects shall be included in the preliminary summary. The preliminary summary shall describe the scope of the collection, kinds of objects included, reference to geographical location, means and period of acquisition, state cultural affiliation, and state aboriginal territory, where reasonably ascertainable. The preliminary summary shall be in lieu of an object-by-object inventory to limit unnecessary handling and damage to the items. Each agency or museum, following preparation of a preliminary summary pursuant to this subdivision, shall consult with California Indian tribes and tribally authorized government officials and tribally authorized traditional religious leaders. (2) The agency or museum shall engage in consultation with California Indian tribes as part of the completion of the preliminary summary required pursuant to this subdivision and shall defer to tribal recommendations for appropriate handling and treatment. The agency or museum also shall record any identifications of cultural items that are made by tribal representatives. The identifications may include broad categorical identifications, including, but not limited to, the identification of regalia objects as sacred objects or the identification of everything from a specific site as a sacred object because that site is a sacred site. The commission may assist with the identification of California Indian tribes, but the agency or museum bears the obligation to contact and consult with California Indian tribes. (d) Within 90 days of completing the preliminary inventory and summary specified in subdivisions (b) and (c), the agency or museum shall provide a copy of the preliminary inventory and summary to the commission. The commission shall, in turn, publish notices of completion of preliminary inventories and summaries on its internet website for 30 days, and make the preliminary inventories and summaries available to any requesting potentially culturally affiliated California Indian tribe. (e) The inventory and summary specified in subdivisions (a) and (b) shall be completed by all agencies and museums that have possession or control of Native American human remains or cultural items, regardless of whether the agency or museum is also subject to the requirements of the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). Any inventory or summary, or any portion of an inventory or summary, that has been created to meet the requirements of the Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) may be used to meet the requirements of this chapter, if appropriate. (f) An agency or museum that has completed an inventory and summary as required by the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) shall be deemed to be in compliance with this section provided that the agency or museum provides the commission with both of the following: (1) A copy of the inventory and summary. (2) Preliminary inventories and summaries to comply with subdivisions (b) and (c). (g) (1) Upon the request of a lineal descendent or California Indian tribe, an agency or museum shall supply additional available documentation to supplement the information required by subdivisions (b) and (c). This section does not authorize the initiation or completion of any academic, museum, or scientific study of human remains or cultural items. (2) For purposes of this subdivision, “documentation” means a summary of agency or museum records, including inventories or catalogs, relevant studies, or other pertinent data for the limited purpose of determining the geographical origin, cultural affiliation, and basic facts surrounding the acquisition and accession of human remains and cultural items subject to this section. (h) If the agency or museum determines that it does not have in its possession or control any human remains or cultural items, the agency or museum shall, in lieu of an inventory or summary, state that finding in a letter to the commission at the commission’s request. (i) Following completion of the preliminary inventory and summary specified in subdivisions (b) and (c), each agency or museum shall update its inventory and summary within 90 days of receiving possession or control of human remains or cultural items that were not included in the preliminary inventory and summary. Upon completion, the agency or museum shall provide a copy of its updated inventory and summary to the commission. (j) Once an agency or museum has provided a copy of its preliminary inventory and summary to the commission, the agency or museum shall consult with California Indian tribes that may be culturally affiliated with the human remains and cultural items. The commission may assist with the identification of tribes, but the agency or museum bears the obligation to contact and consult with California Indian tribes. The consultation process shall include all of the following: (1) Preliminary inventories and summaries shall be reviewed by culturally affiliated and potentially culturally affiliated California Indian tribes, who shall have the ability to concur or disagree with the information in the preliminary inventory or summary. Tribal concurrence, disagreement, or nonresponse shall be noted on the preliminary inventory or summary by the commission at the end of the 30-day review period. If a consulting California Indian tribe disagrees with the contents of the preliminary inventory or summary, the agency or museum shall either revise the preliminary inventory or summary to correct the disputed information or the commission shall offer to initiate dispute resolution as described in Section 8016. (2) The status of the inventory or summary shall be changed from preliminary to final by the commission once all responding California Indian tribes listed in the inventory or summary concur with the information in the inventory or summary. (3) An inventory or summary that has been finalized may be moved back to preliminary status at the request of a consulting California Indian tribe if inaccuracies are found in the finalized inventory or summary prior to repatriation. (4) The designation of an inventory or summary as preliminary or final is intended to reflect whether consulting California Indian tribes agree with the decisions and identifications of the agencies and museums who are preparing these documents. An inventory or summary does not need to be marked as final for a California Indian tribe to place a claim. Nothing in this section shall be construed to mean that an agency or museum may delay the repatriation of items in a final inventory or summary. (5) Commission staff shall note a summary of all claims and the claim status on the commission’s internet website. The claim status may be pending, disputed, or accepted. (6) Commission staff shall note the repatriation status on the commission’s internet website. The repatriation status may be in process or completed. (7) A claim may be submitted at any time and does not need to be resubmitted. (8) A claim may be withdrawn at any time prior to transfer of control. (Amended by Stats. 2020, Ch. 167, Sec. 6. (AB 275) Effective January 1, 2021.)
  76. 8014.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

    Verify source ↗

    A lineal descendent or California Indian tribe seeking return of Native American human remains or cultural items must file a claim with the commission and the agency or museum, and must support the claim with the specified ancestry or cultural-affiliation showing.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8014. (a) A lineal descendent claiming a relationship with, and requesting return of, Native American human remains or cultural items listed in the inventory or summary of an agency or museum, or that requests the return of human remains or cultural items that are not listed in the inventory or summary of an agency or museum but that are believed to be in the possession or control of the agency or museum, shall do both of the following: (1) File a claim for the human remains and cultural items with the commission and with the agency or museum believed to have possession or control. (2) Demonstrate that the claimant can trace their ancestry directly and without interruption by means of the traditional kinship or village system of the appropriate California Indian tribe, or by the common law system of descendancy, to a known individual whose human remains or cultural items are being claimed. (b) A California Indian tribe claiming a relationship, state cultural affiliation, or state aboriginal territory with, and requesting return of, human remains or cultural items listed in the inventory or summary of an agency or museum, or that requests the return of human remains or cultural items that are not listed in the inventory or summary of an agency or museum but that are believed to be in the possession or control of the agency or museum, shall do both of the following: (1) File a claim for the human remains and cultural items with the commission and with the agency or museum believed to have possession or control. (2) Demonstrate one or both of the following: (A) There is a relationship of shared group identity that can reasonably be traced historically or precontact with an earlier identifiable group from which the human remains or cultural items originated and the claiming California Indian tribe. Evidence of state cultural affiliation need not be provided when reasonably established by a finding published in the Federal Register, in compliance with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). (B) The human remains or cultural items were removed from the state aboriginal territory of the claiming California Indian tribe. (Repealed and added by Stats. 2020, Ch. 167, Sec. 8. (AB 275) Effective January 1, 2021.)
  77. 8015.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

    Verify source ↗

    If the commission gets a written repatriation request for an item on the inventory, it must send a copy to the agency or museum holding the item and publish the request on its website.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8015. (a) Upon receiving a written request for repatriation of an item on the inventory, the commission shall forward a copy of the request to the agency or museum in possession of the item, if the criteria specified in subdivision (a) of Section 8016 have been met. At this time, the commission shall also publish the request for repatriation on its internet website. (b) This section does not prohibit a requesting lineal descendent or California Indian tribe, an agency, or a museum from coordinating directly with each other on repatriation. The commission shall receive, for their records, copies of all repatriation agreements and shall have the power to enforce these agreements. (Amended by Stats. 2020, Ch. 167, Sec. 9. (AB 275) Effective January 1, 2021.)
  78. 8016.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

    Verify source ↗

    An agency or museum must repatriate certain human remains and cultural items when the listed criteria are met, and specific dispute and review deadlines apply.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8016. (a) An agency or museum receiving a repatriation request pursuant to Section 8014 shall repatriate human remains and cultural items if all of the following criteria have been met: (1) The requested human remains or cultural items meet the definitions of human remains or cultural items that are subject to inventory and summary requirements under subdivisions (b) and (c) of Section 8013. (2) The lineal descendent, state aboriginal territory, or state cultural affiliation of the human remains or cultural items is established as required under this section. (3) The agency or museum is unable to present evidence that, if standing alone before the introduction of evidence to the contrary, would support a finding that the agency or museum has a right of possession to the requested cultural items. (4) None of the exemptions listed in Section 10.10(c) of Title 43 of the Federal Code of Regulations apply. Scientific research shall be concluded within a reasonable period of time. (5) All other applicable requirements of regulations adopted under the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), contained in Part 10 of Title 43 of the Code of Federal Regulations, have been met, including, but not limited to, the completion of a summary and inventory, consultation with California Indian tribes, publication of notices of inventory completion and notices of intent to repatriate in the Federal Register, and, prior to disposition of culturally unidentifiable human remains to a tribe not recognized by the federal government, obtainment of the concurrence of the United States Department of the Interior. (b) If there are no other requests for particular human remains or cultural items and there is no unresolved objection pursuant to paragraph (2) of subdivision (d), the agency or museum shall repatriate the requested human remains or cultural items to the requesting California Indian tribe or group within 90 days after posting the request for repatriation on the commission’s internet website, unless a notice of inventory completion or notice of intent to repatriate also is required under the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). If the federal notice period extends beyond the 90-day period, the agency or museum shall repatriate the requested human remains or cultural items to the requesting California Indian tribe or group within 30 days following the completion of the federal notice period. Repatriation deadlines specified in this subdivision may be waived upon agreement of all parties. (c) Within 30 days after notice has been provided by the commission, the museum or agency shall have the right to file with the commission any objection to the requested repatriation, based on its good faith belief that the requested human remains or cultural items are not culturally affiliated with the requesting California Indian tribe, have not been removed from the California Indian tribe’s state aboriginal territory, or are not subject to repatriation under this chapter. (d) If there is more than one request for repatriation for the same item, if there is a dispute between the requesting party and the agency or museum, if there is a dispute as to the contents of an inventory or summary, or if a dispute arises in relation to the repatriation process, the commission shall notify the affected parties of this fact and the state cultural affiliation or state aboriginal territory of the item in question shall be determined in accordance with this subdivision. (1) The disputing parties shall submit documentation describing the nature of the dispute, in accordance with standard mediation practices and the commission’s procedures, to the commission, which shall, in turn, forward the documentation to the opposing party or parties. The disputing parties shall meet within 30 days of the date of the mailing of the documentation with the goal of settling the dispute. (2) If, after meeting, the parties are unable to settle the dispute, the commission, or a certified mediator who has the qualifications and experience appropriate to the dispute’s circumstances and has been designated by the commission, shall mediate the dispute. If the museum or agency is subject to the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), any party also may request the assistance of the federal Native American Graves Protection and Repatriation Review Committee in resolving the dispute. (3) Each disputing party shall submit complaints and supporting evidence to the commission or designated mediator and the other opposing parties detailing their positions on the disputed issues in accordance with standard mediation practices and the commission’s mediation procedures. Each party shall have 20 days from the date the complaint and supporting evidence were mailed to respond to the complaints. All responses shall be submitted to the opposing party or parties and the commission or designated mediator. (4) The commission or designated mediator shall review all complaints, responses, and supporting evidence submitted. Within 20 days after the date of submission of responses, the commission or designated mediator shall hold a mediation session and the parties shall come to a resolution or the mediator shall render a written decision within 7 days of the mediation session. (5) When the disposition of human remains or cultural items is disputed, the party in possession of the human remains or cultural items shall retain possession until the mediation process is completed. Transfer or loan of human remains or cultural items shall not occur until the dispute is resolved. (6) Deference shall be provided to tribal traditional knowledge, oral histories, documentation, and testimonies relative to other relevant categories of evidence. (7) If the parties are unable to resolve a dispute through mediation, the dispute shall be resolved by the commission. The determination of the commission shall be deemed to constitute a final administrative remedy. Any party to the dispute seeking a review of the determination of the commission is entitled to file an action in the superior court seeking an independent judgment on the record as to whether the commission’s decision is reasonable. The independent review shall not constitute a de novo review of a decision by the commission, but shall be limited to a review of the evidence on the record. Petitions for review shall be filed with the court not later than 30 days after the final decision of the commission. (8) No later than June 30, 2021, the commission shall develop and adopt mediation procedures that will recognize the need for mediators with qualifications and experience appropriate to a dispute’s circumstances. Dispute procedures may incorporate aspects of restorative justice practices. (Amended by Stats. 2020, Ch. 167, Sec. 10. (AB 275) Effective January 1, 2021.)
  79. 8017.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

    Verify source ↗

    Human remains and cultural items may be repatriated to an authorized committee or group of California Indian tribes.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8017. If there is a committee or group of California Indian tribes authorized by their respective tribal governments to accept repatriation of human remains and cultural items originating from their state aboriginal territory or culturally affiliated with those tribal governments, the items may be repatriated to those groups. (Amended by Stats. 2020, Ch. 167, Sec. 11. (AB 275) Effective January 1, 2021.)
  80. 8018.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

    Verify source ↗

    Agencies and museums that repatriate human remains and cultural items in good faith under this chapter are shielded from certain claims, and no damages or injunctive action may be brought for improper disposition if they comply with the chapter.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8018. An agency or museum that repatriates human remains and cultural items in good faith pursuant to this chapter is not liable for claims by an aggrieved party or for claims of breach of a fiduciary duty or the public trust or of violation of state law that are inconsistent with this chapter. No action shall be brought on behalf of the state or any other entity or person for damages or for injunctive relief for a claim of improper disposition of human remains or cultural items if the agency or museum has complied with the provisions of this chapter. (Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
  81. 8019.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

    Verify source ↗

    This section says the governing body of a California Indian tribe, or a group authorized by Section 8017, is not barred from expressly giving up control of human remains or control or title to a cultural item.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8019. Nothing in this section shall be construed to prohibit the governing body of a California Indian tribe or group authorized by Section 8017 from expressly relinquishing control over any human remains or control or title to any cultural item. (Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
  82. 8020.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

    Verify source ↗

    The commission or designated mediator may close part of a mediation session to the public if the stated privacy or religious-practice concerns are present.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8020. Notwithstanding any other provision of law, and upon the request of any party or an intervenor, the commission or designated mediator may close part of a mediation session to the public if the commission or designated mediator finds that information required at the mediation session may include identification of the specific location of a burial site, human remains and cultural items or that information necessary for a determination regarding repatriation may compromise or interfere with any religious practice or custom. (Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
  83. 80200.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says the article’s definitions apply to this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80200. For purposes of this chapter, the definitions contained in this article shall apply. (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.)
  84. 80205.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    “Account” means the Cleanup Loans and Environmental Assistance to Neighborhoods 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80205. “Account” means the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350. (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.)
  85. 8021.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. )

    Verify source ↗

    If either party files an appeal, the commission’s or mediator’s repatriation order is automatically stayed.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 2. State Cultural Affiliation and Repatriation [8012 - 8021] ( Article 2 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8021. The filing of an appeal by either party automatically stays an order of the commission or a designated mediator on repatriation of human remains and cultural items. (Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
  86. 80210.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “brownfield” for this chapter and lists properties that are included and excluded.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80210. (a) “Brownfield” means property that meets all of the following conditions: (1) It is located in an urban area. (2) It was previously the site of an economic activity that is no longer in operation at that location. (3) It has been vacant or has had no occupant engaged in year-round economically productive activities for a period of not less than the 12 months previous to the date of application for a loan pursuant to this chapter. (b) “Brownfield” does not include any of the following: (1) Property listed, or proposed for listing, on the National Priorities List pursuant to Section 105(a)(8)(B) of the federal act (42 U.S.C. Sec. 9605(a)(8)(B)). (2) Property that is, or was, owned or operated by a department, agency, or instrumentality of the United States. (3) Property that will be the site of a contiguous expansion or improvement of an operating industrial or commercial facility, unless the property is a brownfield described in paragraph (5) of subdivision (a) of Section 80230. (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.)
  87. 80215.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “cleanup and abatement order” as an order issued by a regional board under Section 13304 of the Water Code.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80215. “Cleanup and abatement order” means an order issued by a regional board pursuant to Section 13304 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.)
  88. 80220.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section defines “CLEAN” as a department-established loan program for financing actions to respond to hazardous material releases or threatened releases on eligible 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80220. “Cleanup Loans and Environmental Assistance to Neighborhoods Program” or “CLEAN” means the loan program established by the department pursuant to Article 6 (commencing with Section 80450), to finance the performance of actions necessary to respond to the release or threatened release of hazardous material on an eligible property. (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.)
  89. 80225.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    “Economic activity” is defined to include government activity and many kinds of enterprises or business concerns.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80225. “Economic activity” means a governmental activity, a commercial, agricultural, industrial, or not-for-profit enterprise, or other economic or business concern. (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.)
  90. 80230.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines when property counts as “eligible property” for the chapter, and lists several exclusions.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80230. (a) “Eligible property” means a site that is any of the following: (1) A brownfield. (2) An underutilized property that is a property described in paragraph (5) of subdivision (d) of Section 80275. (3) An underutilized property that is a property located in any of the following: (A) An enterprise zone established pursuant to the former Enterprise Zone Act (former Chapter 12.8 (commencing with Section 7070) of Division 7 of Title 1 of the Government Code). (B) A project area for which a redevelopment plan has been approved pursuant to Article 4 (commencing with Section 33330) of Chapter 4 of Part 1 of Division 24. (C) An eligible area, as determined pursuant to paragraph (2) of subdivision (c) of former Section 7072 of the Government Code. (4) An underutilized property that is a property, the redevelopment of which will result in any of the following: (A) An increase in the number of full-time jobs that is at least 100 percent greater than the number of jobs provided by the economic activity located on the property before redevelopment occurred. (B) An increase in property taxes paid to the local government that is at least 100 percent greater than the property taxes paid by the property owner before redevelopment occurred. (C) Sales tax revenues to the local government that are sufficient to defray the costs of providing municipal services to the property after the redevelopment occurs. (D) Housing for very low, low-, or moderate-income households, as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. (E) The construction of new or expanded school facilities, public day care centers, parks, or community recreational facilities. (5) A brownfield or an underutilized property described in paragraph (3) that will be the site of a contiguous expansion of an operating industrial or commercial facility owned or operated by one of the following: (A) A small business. (B) A nonprofit corporation formed under the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) or the Nonprofit Religious Corporation Law (Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code). (C) A small business incubator that is undertaking the expansion with the assistance of a loan guarantee provided pursuant to Section 63089.71 of the Government Code. (b) “Eligible property” does not include any of the following: (1) Property listed or proposed for listing on the National Priorities List pursuant to Section 105(a)(8)(B) of the federal act (42 U.S.C. Sec. 9605 (a)(8)(B)). (2) Property that is, or was, owned or operated by a department, agency, or instrumentality of the United States. (3) Property that will be the site of a contiguous expansion or improvement of an operating industrial or commercial facility, unless the property meets the criteria specified in paragraph (5) of 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.)
  91. 80235.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “hazardous material” and says it generally does not include undisturbed naturally occurring hazardous material, unless it would adversely affect reasonable use of the property after response action is completed.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80235. (a) “Hazardous material” means a substance or waste that, because of its physical, chemical, or other characteristics, may pose a risk of endangering human health or safety or of degrading the environment. “Hazardous material” includes, but is not limited to, all of the following: (1) A hazardous substance, as defined in Section 25281 or subdivision (a) of Section 78075. (2) A hazardous waste, as defined in Section 25117. (3) A waste, as defined in Section 101075, or as defined in Section 13050 of the Water Code. (4) A substance specified in subdivision (b) of Section 78075. (b) “Hazardous material” does not include undisturbed naturally occurring hazardous material unless it will adversely affect the reasonable use of a property after response action is completed. (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.)
  92. 8024.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. )

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    This section says that, for this article, “consultation” means the same thing as in Government Code Section 65352.4.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. ) ## 8024. For purposes of this article, “consultation” has the same meaning as defined in Section 65352.4 of the Government Code. (Added by Stats. 2020, Ch. 110, Sec. 44. (SB 820) Effective September 18, 2020.)
  93. 80240.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section defines “Investigating site contamination program” as a department loan program for preliminary endangerment assessments of brownfields or underutilized urban properties.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80240. “Investigating site contamination program” means the loan program established by the department pursuant to Article 5 (commencing with Section 80400) to conduct a preliminary endangerment assessment of a brownfield or an underutilized urban property. (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.)
  94. 80245.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “leaking underground fuel tank” to mean the same as “tank” under Section 25299.24.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80245. “Leaking underground fuel tank” has the same meaning as “tank,” as defined in Section 25299.24. (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.)
  95. 8025.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. )

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    The University of California Regents may not use state funds for handling or maintaining Native American human remains or cultural items unless they complete a set of required repatriation, policy, consultation, submission, implementation, and dispute-resolution steps.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. ) ## 8025. (a) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the Regents of the University of California shall not use state funds for the handling or maintenance of Native American human remains and cultural items unless the regents do all the following: (1) Facilitate the establishment, composition, and function of systemwide and campus-level committees, established pursuant to Section 8026, with respect to reviewing and advising the university on matters related to the university’s implementation of legal requirements to increase repatriation outcomes or dispositions of Native American human remains and cultural items to California Indian tribes. (2) (A) Adopt and implement systemwide policies regarding the respectful and culturally appropriate treatment of Native American human remains and cultural items while in the possession of a University of California campus or museum, including policies regarding research requests and testing of any identified or potential Native American human remains or cultural items. (B) Adopt and implement clear and transparent policies and procedures on the systemwide requirements for submitting, processing, and implementing claims for the repatriation of human remains and cultural items, demonstrating cultural affiliation, notification to tribes of human remains and cultural items deemed culturally affiliated and unidentifiable and from whose state aboriginal territory the items were removed, but that are not subject to a repatriation claim, dispute resolution regarding repatriation claims, and any other relevant subject governed by the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), Part 10 (commencing with Section 10.1) of Subtitle A of Title 43 of the Code of Federal Regulations, and this chapter. (C) Adopt or amend, in consultation with California Indian tribes, systemwide University of California museum collection management policies to explicitly provide for the deaccession of collections containing Native American human remains and cultural items to effect the timely and respectful return of those items pursuant to valid claims submitted by a California Indian tribe. (D) Adopt systemwide University of California policies and procedures for the identification and disposition of culturally unidentifiable human remains and cultural items, as required by the federal Native American Graves Protection and Repatriation Regulations (43 C.F.R. Part 10). Those policies shall include updates to existing inventories in order to determine whether cultural affiliation can be determined, or to confirm that the human remains are “culturally unidentifiable” as defined in paragraph (2) of subsection (e) of Section 10.2 of Part 10 of Title 43 of the Code of Federal Regulations. These policies also shall include updates to existing inventories or summaries to identify cultural items that may not have been identified in the original inventories or summaries because traditional tribal knowledge was not incorporated into the identification process. (3) Develop all policies and procedures pursuant to paragraph (2) in consultation with California Indian tribes on the contact list maintained by the Native American Heritage Commission pursuant to Section 8013. Each California Indian tribe appearing on the contact list shall be invited to consult on the proposed policies and procedures. For purposes of this section, “consultation” has the same meaning as defined in Section 65352.4 of the Government Code. (4) Timely submit the policies and procedures adopted pursuant to paragraph (2) to the commission, so they may review and comment upon them pursuant to subdivision (p) of Section 5097.94 of the Public Resources Code. (5) Implement the systemwide policies adopted pursuant to paragraph (2) by January 1, 2021, and implement any campus policies within one year after the adoption of the systemwide policies. (6) Ensure that each campus Native American Graves Protection and Repatriation Act Implementation Committee implements the policies and procedures adopted pursuant to paragraph (2). (7) Adopt procedures to support appeals and dispute resolution when a tribe disagrees with a campus determination regarding repatriation or disposition of human remains or cultural items directly to the Office of the President of the University of California or a different oversight committee. (b) A campus of the University of California may adopt policies to supplement the systemwide policies adopted pursuant to paragraph (2) of subdivision (a), if the campus determines that individual circumstances involving that campus are not adequately addressed in the adopted and approved systemwide policies, in consultation with California Indian tribes. A policy or procedure adopted by a campus pursuant to this subdivision shall not conflict with the approved systemwide policies. (Amended by Stats. 2020, Ch. 167, Sec. 13. (AB 275) Effective January 1, 2021.)
  96. 80250.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section defines “no longer in operation” for an economic activity on a 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80250. “No longer in operation” means an economic activity that is, or previously was, located on a property that is not conducting operations on the property of the type usually associated with the economic activity. (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.)
  97. 80255.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    “Project” means a response action and planned future development included in a loan application under Article 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80255. “Project” means any response action, and the planned future development, included in an application for a loan pursuant to Article 6 (commencing with Section 80450). (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.)
  98. 8026.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. )

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    The Regents of the University of California must establish a systemwide NAGPRA committee and may not use state funds for handling or maintaining Native American human remains and cultural items unless each applicable UC campus has its own committee.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. ) ## 8026. (a) (1) As a condition for using state funds to handle and maintain Native American human remains and cultural items, the Regents of the University of California shall establish a systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, which shall also be known as the U.C. NAGPRA Committee. (2) The membership of the committee shall be as follows: (A) Three voting members of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section. (B) One voting member of an Indian tribe as described in paragraph (2) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section, or if none is available, a member of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section. (C) Four voting members from the University of California. Not fewer than two of these members shall be affiliated with an American Indian or Native American Studies program and each of these members shall meet the requirements of subdivision (d). (D) One nonvoting member from each campus of the University of California that is subject to the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). Each of these nonvoting members shall meet the requirements of subdivision (d). (3) The regents or the regents’ designee shall appoint members to the committee upon nomination by the commission. (b) (1) The Regents of the University of California shall not use state funds for the handling or maintenance of Native American human remains and cultural items unless each campus of the University of California that is subject to the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) establishes a campus Native American Graves Protection and Repatriation Act Implementation Committee, which shall also be known as the NAGPRA Committee for that campus. (2) The membership of the campus committee shall be as follows: (A) Two voting members of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section. (B) One voting member of an Indian tribe as described in paragraph (2) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section, or if none is available, a member of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section. (C) Three voting members from the University of California. At least one of these members shall be affiliated with an American Indian or Native American Studies program and each of these members shall meet the requirements of subdivision (d). (3) The regents or the regents’ designee shall appoint members to the committees upon nomination by the commission. (4) All claims for repatriation or claims of any violation of the policies and procedures adopted pursuant to Section 8025 shall be submitted to the campus Native American Graves Protection and Repatriation Act Implementation Committee for determination. (c) (1) A voting member of a California Indian tribe shall be an elder, spiritual leader, tribal leader, or tribal member, as designated by the governing body of the individual’s tribe, with a minimum of five years’ prior experience in any of the following: (A) Repatriation of human remains and cultural items pursuant to the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). (B) Cultural resources protection under tribal, state, and federal law. (C) Consultation with state and federal entities and agencies. (2) Preference shall be given to members of a California Indian tribe. If no members of a California Indian tribe meeting the qualifications of paragraph (1) are available, members of other tribes may serve. (d) (1) A representative of the University of California shall meet the following criteria: (A) Have a graduate degree in either Archaeology, Anthropology, Native American Studies, Ethnic Studies, Law, Sociology, Environmental Studies, or History, with a focus in California. (B) Have a minimum of five years’ experience working in the applicable field of study. (2) Preference shall be given to members who have demonstrated, through their professional experience, the ability to work in collaboration with Native American tribes successfully on issues related to repatriation or museum collection management. (3) In the event that candidates from the University of California are not available or do not meet the criteria of paragraph (1), the University of California representative positions may be filled by retired emeriti of the University of California who meet the criteria of paragraph (1). (Amended by Stats. 2020, Ch. 167, Sec. 14. (AB 275) Effective January 1, 2021.)
  99. 80260.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section defines “property” as real property under Civil Code Section 658.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80260. “Property” means real property, as defined in Section 658 of the Civil 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.)
  100. 80265.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section defines “small business” for this part of the code.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80265. “Small business” means an independently owned and operated business, that is not dominant in its field of operation, that, together with affiliates, has 100 or fewer employees, and that has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or a business that is a manufacturer, as defined in Section 14837 of the Government Code, with 100 or fewer employees. (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.)
  101. 8027.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. )

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    The Regents of the University of California may delegate responsibilities under this article to the university president or another appropriate person.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. ) ## 8027. The Regents of the University of California may delegate responsibilities pursuant to this article to the President of the University of California or another person determined to be appropriate. (Added by Stats. 2018, Ch. 823, Sec. 3. (AB 2836) Effective January 1, 2019.)
  102. 80275.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section defines “underutilized property” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80275. “Underutilized property” means property that meets all of the following conditions: (a) It is located in an urban area. (b) An economic activity is conducted on the property. (c) It is the subject of a proposal for development pursuant to this chapter. (d) One of the following applies: (1) The economic activity on the property is irregular or intermittent in nature and uses the property for productive purposes less than four months in any calendar year. (2) The economic activity on the property employs less than 25 percent of the property for productive purposes. (3) The structures, infrastructure, and other facilities on the property are antiquated, obsolete, or in such poor repair that they cannot be used for the purposes for which they were originally constructed and require replacement in order to implement the redevelopment proposal. (4) The economic activity conducted on the property is a parking facility or an activity that offers a similar marginal economic service and the facility or activity will be replaced when the property is redeveloped. (5) The property is adjacent to one or more brownfields or underutilized properties that are the subject of a project under this chapter and its inclusion in the project is necessary in order to ensure that the redevelopment of the brownfield or brownfields or underutilized property or underutilized properties occurs. (e) An underutilized property does not include any of the following: (1) Property listed or proposed for listing on the National Priorities List pursuant to Section 105(a)(8)(B) of the federal act (42 U.S.C. Sec. 9605 (a)(8)(B)). (2) Property that is, or was, owned or operated by a department, agency, or instrumentality of the United States. (3) Property that will be the site of a contiguous expansion or improvement of an operating industrial or commercial facility, unless the property is an underutilized property described in paragraph (5) of subdivision (a) of Section 80230. (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.)
  103. 8028.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. )

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    The California State Auditor must conduct audits of the University of California’s compliance with specified Native American graves laws and report the findings.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. ) ## 8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of California’s compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities. (Amended by Stats. 2023, Ch. 639, Sec. 2. (AB 226) Effective January 1, 2024.)
  104. 8028.5.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. )

    Verify source ↗

    This article is severable, so if one provision or its application is invalid, the बाकी provisions can still stand if they can work without it.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items [8024 - 8028.5] ( Heading of Article 3 amended by Stats. 2020, Ch. 167, Sec. 12. ) ## 8028.5. The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2018, Ch. 823, Sec. 3. (AB 2836) Effective January 1, 2019.)
  105. 8028.7.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University [8028.7 - 8028.73] ( Article 3.5 added by Stats. 2023, Ch. 649, Sec. 1. )

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    California State University must adopt, implement, and report on policies and procedures for the treatment, repatriation, and disposition of Native American human remains and cultural items, and campuses may add non-conflicting supplemental policies.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University [8028.7 - 8028.73] ( Article 3.5 added by Stats. 2023, Ch. 649, Sec. 1. ) ## 8028.7. (a) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the California State University shall do all of the following: (1) Facilitate the establishment, composition, and function of systemwide and campus-level committees, established pursuant to Section 8028.71, with respect to reviewing and advising the university on matters related to the university’s implementation of legal requirements to increase repatriation outcomes or dispositions of Native American human remains and cultural items to California Indian tribes. (2) (A) Adopt and implement systemwide policies regarding the culturally appropriate treatment of Native American human remains and cultural items, including a policy that prohibits the use of Native American human remains or cultural items for the purposes of teaching or research at the California State University while in the possession of a California State University campus or museum. The systemwide policies shall also include policies regarding tribal research and testing requests, California State University campus and museum reporting requirements to the CSU Systemwide NAGPRA Committee established pursuant to subdivision (a) of Section 8028.71, and culturally appropriate best practices and training concerning repatriation. (B) Adopt and implement clear and transparent policies and procedures on the systemwide requirements for submitting, processing, and implementing claims for the repatriation of human remains and cultural items, demonstrating cultural affiliation, notification to tribes of human remains and cultural items deemed culturally affiliated and unidentifiable and from whose state aboriginal territory the items were removed, but that are not subject to a repatriation claim, dispute resolution regarding repatriation claims, and any other relevant subject governed by the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), Part 10 (commencing with Section 10.1) of Subtitle A of Title 43 of the Code of Federal Regulations, and this chapter. (C) Adopt or amend systemwide California State University museum collection management policies to explicitly provide for the deaccession of collections containing Native American human remains and cultural items to effect the timely and respectful return of those items pursuant to valid claims submitted by a California Indian tribe. (D) Adopt systemwide California State University policies and procedures for the identification and disposition of culturally unidentifiable human remains and cultural items, as required by the federal Native American Graves Protection and Repatriation Regulations (43 C.F.R. Part 10). Those policies shall include updates to existing inventories in order to determine whether cultural affiliation can be determined, or to confirm that the human remains are “culturally unidentifiable” as defined in paragraph (2) of subsection (e) of Section 10.2 of Part 10 of Title 43 of the Code of Federal Regulations. These policies also shall include updates to existing inventories or summaries to identify cultural items that may not have been identified in the original inventories or summaries because traditional tribal knowledge was not incorporated into the identification process. (3) Develop all policies and procedures pursuant to paragraph (2) in consultation with California Indian tribes on the contact list maintained by the Native American Heritage Commission pursuant to Section 8013. Each California Indian tribe appearing on the contact list shall be invited to consult on any California State University proposed policies and procedures regarding repatriation. For purposes of this section, “consultation” has the same meaning as defined in Section 65352.4 of the Government Code. (4) Timely submit the policies and procedures adopted pursuant to paragraph (2) to the commission, so that the commission may review and comment upon the policies and procedures pursuant to subdivision (p) of Section 5097.94 of the Public Resources Code on or before July 1, 2024. The California State University shall make best efforts to adopt the commission’s recommendations. (5) Implement the systemwide policies adopted pursuant to paragraph (2) on or before July 1, 2025, and implement any campus policies within one year after the adoption of the systemwide policies. (6) Ensure that each campus Native American Graves Protection and Repatriation Act Implementation Committee implements the policies and procedures adopted pursuant to paragraph (2). (7) Adopt procedures to support appeals and dispute resolution when a tribe disagrees with a campus determination regarding identification, repatriation, or disposition of human remains or cultural items directly to the CSU Systemwide NAGPRA Committee established pursuant to subdivision (a) of Section 8028.71. (8) On or before July 1, 2024, to ensure that campuses pursue timely repatriation, require campuses with Native American remains and cultural items to have full-time, experienced repatriation coordinators, and a systemwide coordinator for the California State University. (9) On or before December 31, 2024, and each December 31 thereafter, submit an annual report to the Legislature, pursuant to Section 9795 of the Government Code, on the California State University’s systemwide progress in reviewing its collections of Native American human remains and cultural items. (b) A campus of the California State University may adopt policies to supplement the systemwide policies adopted pursuant to paragraph (2) of subdivision (a), if the campus determines that individual circumstances involving that campus are not adequately addressed in the adopted and approved systemwide policies, in consultation with California Indian tribes. A policy or procedure adopted by a campus pursuant to this subdivision shall not conflict with the approved systemwide policies adopted pursuant to paragraph (2) of subdivision (a). (Amended by Stats. 2024, Ch. 80, Sec. 79. (SB 1525) Effective January 1, 2025.)
  106. 8028.71.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University [8028.7 - 8028.73] ( Article 3.5 added by Stats. 2023, Ch. 649, Sec. 1. )

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    California State University must create systemwide and campus NAGPRA committees with majority California Indian tribe representation, and repatriation-related claims must go to the campus committee.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University [8028.7 - 8028.73] ( Article 3.5 added by Stats. 2023, Ch. 649, Sec. 1. ) ## 8028.71. (a) (1) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the California State University shall establish a systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, which shall also be known as the CSU Systemwide NAGPRA Committee. At least a majority of the CSU Systemwide NAGPRA Committee’s voting members shall be from California Indian tribes. (2) The membership of the systemwide committee shall be as follows: (A) Three voting members of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section. (B) One voting member of an Indian tribe as described in paragraph (2) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section, or, if none is available, a member of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section. (C) Three voting members from the California State University. At least two of these members shall be affiliated with an American Indian or Native American studies program and each of these members shall meet the requirements of subdivision (d). (D) One nonvoting member from each campus of the California State University that is subject to the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). Each of these nonvoting members shall meet the requirements of subdivision (d). (3) The Chancellor of the California State University, or the chancellor’s designee, shall appoint members to the systemwide committee upon nomination by the commission. (4) The composition of the systemwide committee may be altered to include a greater number of qualified members of a California Indian tribe, to the extent that qualified California State University candidates cannot be located pursuant to paragraph (2). (b) (1) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, each California State University campus shall establish a campus-based Native American Graves Protection and Repatriation Act Implementation Committee, which shall also be known as the NAGPRA Committee for that campus. At least a majority of each campus-based NAGPRA Committee’s membership shall be from California Indian tribes. (2) The membership of each campus-based NAGPRA committee shall be as follows: (A) Three voting members of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section. (B) One voting member of an Indian tribe as described in paragraph (2) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section, or, if none is available, a member of a California Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section. (C) Three voting members from the California State University. At least one of these members shall be affiliated with an American Indian or Native American studies program and each of these members shall meet the requirements of subdivision (d). (3) The Chancellor of the California State University or the chancellor’s designee shall appoint members to the campus-based NAGPRA committees upon nomination by the commission. (4) All claims for repatriation or claims of any violation of the policies and procedures adopted pursuant to Section 8025 shall be submitted to the campus-based NAGPRA Committee for determination. (5) The composition of the campus-based NAGPRA committees may be altered to include a greater number of qualified members of a California Indian tribe, to the extent that qualified California State University candidates meeting the criteria in paragraph (1) of subdivision (d) cannot be located. (c) (1) A voting member of a California Indian tribe shall be an elder, spiritual leader, tribal leader, or tribal member, as designated by the governing body of the individual’s tribe, with a minimum of five years’ prior experience in any of the following: (A) Repatriation of human remains and cultural items pursuant to the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). (B) Cultural resources protection under tribal, state, and federal law. (C) Consultation with state and federal entities and agencies. (2) Preference shall be given to members of a California Indian tribe. If no members of a California Indian tribe meeting the qualifications of paragraph (1) are available, members of other tribes may serve. (d) (1) A representative of the California State University shall meet both of the following criteria: (A) (i) Have a graduate degree in archaeology, anthropology, Native American studies, ethnic studies, law, sociology, environmental studies, or history, with a focus in California. (ii) If there are no candidates satisfying clause (i), candidates that have degrees and direct professional experience in fields relevant to repatriation or tribal cultural resources matters shall be deemed to meet the requirements of clause (i). (B) Have a minimum of five years’ prior experience working in the applicable field of study. (2) Preference shall be given to members who have demonstrated, through their professional experience, the ability to work in collaboration with Native American tribes successfully on issues related to repatriation or museum collection management. (3) If candidates from the California State University are not available or do not meet the criteria of paragraph (1), the California State University representative positions may be filled by retired emeriti of the California State University who meet the criteria of paragraph (1). (Amended by Stats. 2024, Ch. 80, Sec. 80. (SB 1525) Effective January 1, 2025.)
  107. 8028.72.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University [8028.7 - 8028.73] ( Article 3.5 added by Stats. 2023, Ch. 649, Sec. 1. )

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    California State University must have campuses identify repatriation funding needs, compile a systemwide report, and either fund campuses or seek more funding.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University [8028.7 - 8028.73] ( Article 3.5 added by Stats. 2023, Ch. 649, Sec. 1. ) ## 8028.72. To ensure that each California State University campus has the funding necessary to comply with this chapter, the California State University shall do all of the following: (a) Require each campus with Native American remains or cultural items to identify and estimate, on or before January 31, 2025, the funding and other resources it needs to complete repatriations under the act in an appropriate and timely manner. (b) Compile the estimates described in subdivision (a) into a systemwide report, disaggregated by campus, and submit this report to the Native American Heritage Commission and the Legislature, pursuant to Section 9795 of the Government Code. (c) Upon evaluation of the reasonableness of campus estimates under subdivision (a), identify and provide funding to campuses from existing systemwide or campus-based resources, or seek additional funding from the Legislature, to ensure that campuses have sufficient funding to support their activities under the act. (Added by Stats. 2023, Ch. 649, Sec. 1. (AB 389) Effective January 1, 2024.)
  108. 8028.73.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University [8028.7 - 8028.73] ( Article 3.5 added by Stats. 2023, Ch. 649, Sec. 1. )

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    California State University must develop a reburial policy for repatriated Native American human remains, in consultation with California Indian tribes.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University [8028.7 - 8028.73] ( Article 3.5 added by Stats. 2023, Ch. 649, Sec. 1. ) ## 8028.73. In alignment with the policy established pursuant to Section 8028.7 and consistent with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), the California State University shall, in consultation with California Indian tribes, develop a policy for the reburial of Native American human remains repatriated by the California State University on land owned by the California State University. The policy shall do both of the following: (a) Require the California State University to consult on topics with California Indian tribes, including, but not limited to, all of the following: (1) Campus space or land availability and its location. (2) California Indian tribes culturally affiliated with the potential reburial land. (3) Long-term protection and stewardship responsibilities. (4) Compliance with all applicable federal, tribal, state, and local laws. (5) Other burial-related topics as requested by consulting parties. (6) Tribal cultural protocols access and use. (7) Confidentiality. (b) Require that any proposed location for the reburial of repatriated Native American human remains by the California State University be mutually agreed upon by the California State University and California Indian tribes culturally affiliated with the potential reburial land. (Added by Stats. 2025, Ch. 131, Sec. 1. (AB 977) Effective January 1, 2026.)
  109. 80280.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section defines “urban area” for this code section.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80200 - 80280] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80280. “Urban area” means either of the following: (a) The central portion of a city or a group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile. (b) An urbanized area as defined in paragraph (2) of subdivision (b) of former Section 21080.7 of the Public Resources Code, as enacted by Section 6 of Chapter 1130 of the Statutes of 1993. (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.)
  110. 8029.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 4. Penalties and Enforcement Procedures [8029 - 8030] ( Article 4 added by Stats. 2001, Ch. 818, Sec. 1. )

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    The commission may assess civil penalties against an agency or museum that fails to comply with this chapter, up to $20,000 per violation, with a hearing first.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 4. Penalties and Enforcement Procedures [8029 - 8030] ( Article 4 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8029. (a) Any agency or museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the commission, not to exceed twenty thousand dollars ($20,000) for each violation, pursuant to regulations adopted by the commission. A penalty assessed under this section shall be determined on the record after the opportunity for a hearing. (b) In assessing a penalty under this section, the commission shall consider the following factors, in addition to any other relevant factors, in determining the amount of the penalty: (1) The archaeological, historical, or commercial value of the item involved. (2) The cultural and spiritual significance of the item involved. (3) The damages suffered, both economic and noneconomic, by the aggrieved party. (4) The number of violations that have occurred. (c) If any agency or museum fails to pay a civil penalty pursuant to a final order issued by the commission and the time for judicial review has passed or the party subject to the civil penalty has appealed the penalty or after a final judgment has been rendered on appeal of the order, the Attorney General shall act on behalf of the commission to institute a civil action in an appropriate court to collect the penalty. (d) An agency or museum shall not be subject to civil penalties for actions taken in good faith to comply with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). (Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
  111. 8030.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 4. Penalties and Enforcement Procedures [8029 - 8030] ( Article 4 added by Stats. 2001, Ch. 818, Sec. 1. )

    Verify source ↗

    This chapter is severable, so if one provision or its application is invalid, the rest can still stand if they work without it.

    ## 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 5. California Native American Graves Protection and Repatriation [8010 - 8030] ( Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1. ) ## ARTICLE 4. Penalties and Enforcement Procedures [8029 - 8030] ( Article 4 added by Stats. 2001, Ch. 818, Sec. 1. ) ## 8030. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
  112. 80300.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Response actions under this chapter must follow the requirements of this part and Chapter 6.65, unless Sections 80570 or 80575 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80300. Except as provided in Sections 80570 and 80575, any response action carried out under this chapter shall be conducted in accordance with the requirements of this part and Chapter 6.65 (commencing with Section 25260) 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.)
  113. 80305.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section limits who may serve as the administering agency for certain loan-related sites and requires the department to notify the Site Designation Committee after loan approval.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80305. (a) (1) Notwithstanding Section 80300, for purposes of Section 25262, the administering agency for any site that is the subject of a loan under this chapter shall either be the department pursuant to this chapter, or a regional board, the state board, or a local oversight program agency under contract with the state board pursuant to Article 11 (commencing with Section 80570). (2) A person shall not request that a different agency be designated as an administering agency for the site under Chapter 6.65 (commencing with Section 25260) of Division 20. (b) (1) For purposes of this article, the Site Designation Committee created by Section 25261 is not required to meet and formally designate the department, a regional board, the state board, or a local oversight program agency under contract with the state board, as specified in Article 11 (commencing with Section 80570), as the administering agency pursuant to Section 25262 for a site that is the subject of a loan under this chapter. (2) Upon the approval of a loan under Article 7 (commencing with Section 80480), the department shall notify the Site Designation Committee of the administering agency for 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.)
  114. 80310.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    For sites covered by a loan under this chapter, references in this part to a hazardous substance must be read as references to a hazardous material.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80310. For sites that are the subject of a loan under this chapter, all references in this part to a hazardous substance shall be deemed to be a reference to a hazardous material. (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.)
  115. 80315.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says this part applies to sites that are subject to a loan under the chapter, except for Sections 80570 and 80575.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80315. Except as provided in Sections 80570 and 80575, this part shall apply to a site that is the subject of a loan under this chapter, regardless of whether the site is on the list created 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.)
  116. 80320.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This chapter does not limit the department, regional board, or state board’s authority to act under other law, except as provided in Section 25264, and it does not limit, extend, or affect local land use and zoning authority.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80320. (a) Except as provided in Section 25264, this chapter shall not be construed to limit the authority of the department, the regional board, or the state board to take any action otherwise authorized under any other provision of law. (b) This chapter shall not be construed to limit, extend, or affect local land use and zoning authority. (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.)
  117. 80325.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department must post and regularly update a website list of loan applications, and it must post an annual summary of response action status for certain approved loan 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. General Provisions [80300 - 80325] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80325. (a) (1) The department shall post, and update at least monthly, a list of loan applications received pursuant to this chapter on the department’s internet website. (2) The list shall include the name of the applicant, the location of the property that is the subject of the loan application, the administering agency, and a contact at the department for further information. (b) The department shall also annually post on that website a summary of the response action status for each site with a loan approved under Article 7 (commencing with Section 80480). (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.)
  118. 80350.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Financial Provisions [80350 - 80355] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The section creates a state account for cleanup loans and lets the department decide other qualifying redevelopment purposes if specified community-benefit 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Financial Provisions [80350 - 80355] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80350. The Cleanup Loans and Environmental Assistance to Neighborhoods Account is hereby established in the General Fund to provide low-interest loans to qualified applicants for the purpose of funding preliminary endangerment assessments and response actions at brownfields and underutilized properties located in the state pursuant to this chapter, and for any other purpose determined by the department to stimulate the redevelopment of brownfields and underutilized properties, if the department determines that the redevelopment will result in the overall improvement of the community in which the property is located and will provide a reasonable economic or social benefit, in accordance with Section 80355. All of the following moneys shall be deposited in the account: (a) Funds appropriated by the Legislature for the purposes of this chapter. (b) Notwithstanding Section 16475 of the Government Code, any interest earned upon money deposited into the account. (c) Proceeds from loan repayments. (d) Proceeds from the sale, pursuant to this chapter, of property that is the subject of foreclosure or its equivalent, as defined in subdivision (f) of Section 25548.1, and proceeds from the enforcement of any other security interest. (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.)
  119. 80355.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Financial Provisions [80350 - 80355] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Money in the account is continuously appropriated to the department for specified loans and environmental insurance subsidies, except for expenditures that need legislative appropriation under subdivision (b).

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Financial Provisions [80350 - 80355] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80355. (a) Except as provided in subdivision (b), notwithstanding Section 13340 of the Government Code, the money in the account is continuously appropriated, without regard to fiscal years, to the department for the purpose of providing loans pursuant to Articles 5 (commencing with Section 80400) and 6 (commencing with Section 80450) and for the purpose of providing subsidies for environmental insurance pursuant to the California Financial Assurance and Insurance for Redevelopment Program (Chapter 11 (commencing with Section 80680)). (b) The money in the account may be expended by the department, a regional board, the state board, and the agency for the implementation and administration of this article and for implementation and administration of the California Financial Assurance and Insurance for Redevelopment Program (Chapter 11 (commencing with Section 80680)), only upon appropriation by the Legislature in the annual Budget Act or in another 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.)
  120. 80370.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Loans Generally [80370 - 80380] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Certain people are not eligible to apply for a loan under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Loans Generally [80370 - 80380] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80370. The following persons are not eligible to apply for a loan under this chapter: (a) A person who has been convicted of a felony or misdemeanor involving the regulation of hazardous materials, including, but not limited to, a conviction of a felony or misdemeanor under former Section 25395.13 (repealed by Section 73 of Chapter 39 of the Statutes of 2012). (b) A person who has been convicted of a felony or misdemeanor involving moral turpitude, including, but not limited to, the crimes of fraud, bribery, the falsification of records, perjury, forgery, conspiracy, profiteering, or money laundering. (c) A person who is in violation of an administrative order or agreement issued by or entered into with any federal, state, or local agency that requires response action at a site or a judicial order or consent decree that requires response action at a site. (d) A person who knowingly made a false statement regarding a material fact or knowingly failed to disclose a material fact in connection with an application submitted to the secretary under this chapter. (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.)
  121. 80375.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Loans Generally [80370 - 80380] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section sets the interest rate for loans under this chapter and changes the rate to 10 percent after default, unless a higher agreed rate 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Loans Generally [80370 - 80380] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80375. The rate of interest to be applied to loans made pursuant to this chapter shall be the same rate earned on investments in the Surplus Money Investment Fund during the loan repayment period. If a loan recipient defaults on a loan, the rate of interest to be applied to the loan shall be 10 percent from the date of default, or whatever greater rate is reflected in the agreement entered into pursuant to subdivision (a) of Section 80520. (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.)
  122. 80380.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Loans Generally [80370 - 80380] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The secretary must report annual loan and cleanup statistics to legislative committees and post them on the agency website by January 10 when loans were made or repaid in the prior fiscal 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Loans Generally [80370 - 80380] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80380. On or before January 10 of each year when a loan under this chapter is made or repaid during the previous fiscal year, the secretary shall report to the Joint Legislative Budget Committee and to the chairs of the appropriate policy committees of the Senate and the Assembly, and shall post on the internet website of the agency, all of the following: (a) The number and dollar amount of loans approved pursuant to Article 5 (commencing with Section 80400), the number and dollar amount of those loans that have been repaid, and the number and dollar amount of those loans that are in default. (b) The number and dollar amount of loans waived pursuant to Section 80425. (c) The number and dollar amount of loans approved pursuant to Article 7 (commencing with Section 80480), the number and dollar amount of those loans that have been repaid, and the number and dollar amount of those loans that are in default. (d) The number of preliminary endangerment assessments completed pursuant to agreements entered into under this chapter. (e) The number of sites where necessary response actions have been completed pursuant to agreements entered into under this chapter. (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.)
  123. 80400.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department, with the secretary’s approval, must create a program that gives loans to eligible persons for preliminary endangerment assessments of brownfields and underutilized properties.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80400. The department, with the approval of the secretary, shall establish an Investigating Site Contamination Program to provide loans to eligible persons to conduct preliminary endangerment assessments of brownfields and underutilized properties. A loan provided pursuant to this article shall not be used for the cost of a phase I environmental assessment or the department’s oversight of the preparation and approval of the 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.)
  124. 80405.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department must create a loan application form for the investigating site contamination program, and loan applicants must sign and submit it with specified supporting documents.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80405. The department shall develop a loan application form for an investigating site contamination program loan and shall include, in the form, any provisions that the department considers to be appropriate. The application form shall be signed by the loan applicant and shall be submitted to the department with all of the following documentation: (a) The phase I environmental assessment for the property that is the subject of the loan application. (b) Information that demonstrates that the property is a brownfield or an underutilized property. (c) If the owner of the property that is the subject of the loan application is not the loan applicant, one of the following: (1) Documentation that demonstrates that the owner consents to the performance of the preliminary endangerment assessment of the property. (2) A copy of an agreement between the property owner and the loan applicant that gives the loan applicant an option to purchase the property. (3) If the loan applicant is a local government entity, or a developer or prospective purchaser acting together with a local government entity pursuant to an enforceable agreement, a demonstration to the department that the local government entity, or developer or prospective purchaser acting together with the local government entity pursuant to an enforceable agreement, has legal access to perform the preliminary endangerment assessment at the property, or will have legal access, prior to receiving loan funds. (d) Any other information the department deems necessary. (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.)
  125. 80410.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department must decide whether to approve a loan application using the information submitted under Section 80405, and it may approve a loan only if the property is a brownfield or an underutilized 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80410. The department shall determine whether to approve a loan application pursuant to this article based upon the information submitted pursuant to Section 80405. In making a decision regarding whether to approve a loan application, the department shall approve a loan pursuant to this article for a property only if the department determines the property is a brownfield or an underutilized property. (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.)
  126. 80415.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Loans granted under this article cannot exceed $100,000.

    ## 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80415. The maximum amount of a loan granted pursuant to this article shall not exceed one hundred thousand dollars ($100,000). (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.)
  127. 80420.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

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    After loan approval, the loan recipient must sign a repayment agreement with the department, usually repaying within three years. In some cases, the department may delay repayment, and recovered cleanup money generally must go first to repaying the loan or 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80420. (a) Except as provided in subdivision (b) and in Section 80425, upon approval of the loan application by the department, the loan recipient shall execute an agreement with the department to repay the loan over a period not to exceed three years. (b) If the loan is to a local government entity, or to a developer or prospective purchaser acting together with a local government entity pursuant to an enforceable agreement, the department may delay the beginning of the loan repayment period. (c) Except as provided in subdivision (d), the agreement made pursuant to subdivision (a) shall require that if the loan recipient recovers from a responsible party any costs incurred in taking a response action at the site that is the subject of the loan application, any money so recovered, except for reasonable costs and the fees incurred to recover that money, shall be used first to repay the loan or repay the grant. (d) Notwithstanding subdivision (c), a loan recipient is not required to first use the money recovered to repay the loan or grant, if the recipient can demonstrate, to the satisfaction of the department, that the recovered money is necessary to, and is being applied to, the total environmental remediation of the property, and that the total of the recovered money and the loan amount does not exceed the cost of remediation. (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.)
  128. 80425.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department may waive repayment of up to 75% of a loan in specified circumstances, and any waived amount is treated as a grant. If part of the loan is waived, the recipient must repay the rest within one 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80425. If a loan recipient who is not the owner of the property and the department determine, after the completion of the preliminary endangerment assessment, that the sum of the cost of remediation and the property purchase price makes the redevelopment of the property not economically feasible, the department may waive the repayment of up to 75 percent of the loan, and the amount waived shall be deemed a grant to the loan recipient. If the department waives the repayment of part of the loan, the recipient shall repay the remaining portion of the loan within one year of that 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.)
  129. 80430.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    After a loan is approved, the recipient must enter into an agreement with 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80430. Upon approval of a loan, the recipient shall enter into an agreement with the department for the department to provide regulatory oversight of the preparation and approval of the 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.)
  130. 80435.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A loan recipient generally does not have to pay the department’s oversight costs for preparing and approving the preliminary endangerment assessment if the account has enough funds to reimburse 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Investigating Site Contamination Program [80400 - 80435] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80435. Notwithstanding any requirement of Division 20 (commencing with Section 24000) or this part regarding cost recovery or reimbursement for oversight costs, a loan recipient is not liable for paying the department’s cost associated with the oversight of the preparation and approval of the preliminary endangerment assessment if the department determines there are sufficient funds in the account to reimburse the department for that oversight. If the department determines that the account has insufficient funds to pay for the oversight costs associated with the oversight of the preparation and approval of the preliminary endangerment assessment, the loan recipient shall pay the department the amount of those costs. (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.)
  131. 80450.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Cleanup Loans and Environmental Assistance to Neighborhoods Program [80450 - 80465] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department must set up a Cleanup Loans and Environmental Assistance to Neighborhoods Program, with the secretary’s approval.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Cleanup Loans and Environmental Assistance to Neighborhoods Program [80450 - 80465] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80450. The department, with the approval of the secretary, shall establish a Cleanup Loans and Environmental Assistance to Neighborhoods Program to provide loans to finance the performance of any action necessary to respond to the release or threatened release of hazardous material at an eligible property. (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.)
  132. 80455.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Cleanup Loans and Environmental Assistance to Neighborhoods Program [80450 - 80465] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department must create a CLEAN loan application form, and loan applications must be signed by the applicant and include specified supporting documents.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Cleanup Loans and Environmental Assistance to Neighborhoods Program [80450 - 80465] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80455. The department shall develop an application form for a loan under the CLEAN program and shall include, in the form, any provisions that the department determines to be appropriate to carry out the CLEAN program. The application shall be signed by the loan applicant and shall be accompanied by all of the following: (a) A preliminary endangerment assessment that has been approved by the department, or an environmental assessment with equivalent information, that discloses the presence of a release or threatened release of a hazardous material at the property at concentrations that may pose a risk to public health and safety and the environment. (b) The name and address of the project coordinator for the site and the résumé of the coordinator that demonstrates that the coordinator possesses the requisite qualifications to manage the response action at the site. (c) Documentation that the property is an eligible property and, if the department has implemented the priority scoring system set forth in Article 7 (commencing with Section 80480), sufficient information to enable the department to determine the priority score for the property. (d) Documentation that the planned future development of the site is consistent with the current and reasonably foreseeable future land uses of the property. (e) If the owner of the eligible property that is the subject of the loan application is not the loan applicant, one of the following: (1) Documentation that demonstrates that the owner agrees to use the property as a security interest for the loan to finance necessary response action at the property. (2) A copy of an agreement between the property owner and the loan applicant that gives the loan applicant an option to purchase the property. (3) If the loan applicant is a local government entity, or a developer or prospective purchaser acting in concert with a local government entity pursuant to an enforceable agreement, a demonstration to the department that the local government entity, or developer or prospective purchaser acting in concert with a local government entity pursuant to an enforceable agreement, has legal access to perform any action necessary to respond to the release or threatened release of hazardous material at an eligible property, or will have legal access, prior to receiving loan funds. (f) Any other information the department deems necessary. (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.)
  133. 80460.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Cleanup Loans and Environmental Assistance to Neighborhoods Program [80450 - 80465] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

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    A loan recipient may use loan funds to pay environmental insurance premiums if the insurer meets specified A.M. Best ratings and is authorized in California; the loan may not be used for several specified assessments, oversight, or maintenance 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Cleanup Loans and Environmental Assistance to Neighborhoods Program [80450 - 80465] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80460. (a) A recipient of a loan to perform an action to respond to a release or threatened release of a hazardous material at an eligible property that is granted pursuant to this article may also use the loan funds to pay the premium for environmental insurance products to facilitate the development of the site, if the insurance company has an A.M. Best Financial Strength Rating of A+ or better and an A.M. Best Financial Size Category of FSC X or larger and is authorized to offer environmental insurance in California. (b) A loan provided pursuant to this article shall not be used to pay for a phase I environmental assessment, a preliminary endangerment assessment, the department’s oversight of actions necessary to respond to the release or threatened release of hazardous material at an eligible property, or any operation and maintenance activity at a 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.)
  134. 80465.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Cleanup Loans and Environmental Assistance to Neighborhoods Program [80450 - 80465] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department must take necessary actions to promote loans under the CLEAN program by local governments.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Cleanup Loans and Environmental Assistance to Neighborhoods Program [80450 - 80465] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80465. The department shall take those necessary actions to promote the use of loans under the CLEAN program by local governments. (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.)
  135. 80480.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Review of CLEAN Loan Applications [80480 - 80490] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department may approve certain CLEAN loan applications, but only after consulting named officials and only for response actions needed to address a hazardous material release or threatened release at an eligible 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Review of CLEAN Loan Applications [80480 - 80490] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80480. (a) The department, after consultation with the secretary, the Secretary of Business, Transportation and Housing, and the Director of the Office of Planning and Research, may approve loan applications submitted pursuant to Article 6 (commencing with Section 80450). (b) The department may approve a loan only for those response actions necessary to address a release or threatened release of a hazardous material at an eligible property. (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.)
  136. 80485.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Review of CLEAN Loan Applications [80480 - 80490] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    If funding is not enough to meet loan demand, the department must rank loan applications by priority scores and approve loans based on those scores.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Review of CLEAN Loan Applications [80480 - 80490] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80485. If the department determines, based on estimates of the number of loan requests that will be submitted in any fiscal year and the amount of loan funds that will be available during that fiscal year, that sufficient funding to meet the demand for loans will not be available, the department shall establish a system for ranking loan applications based on priority scores. Priority scores shall be calculated for each loan application by scoring the project that is the subject of the loan application using scales that measure the factors listed in Section 80490. The department shall approve loans for a project based on its priority scores. (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.)
  137. 80490.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Review of CLEAN Loan Applications [80480 - 80490] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The loan-ranking system must assign priority scores to projects using scales that measure the 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. Review of CLEAN Loan Applications [80480 - 80490] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80490. The system for ranking loan applications pursuant to Section 80485 shall establish priority scores for projects that are the subjects of the loan applications using scales that measure all of the following factors: (a) The degree of community support expressed for the project, including, but not limited to, letters of support from local governmental entities, state or local elected officials, community leaders, and the general public. (b) Financial support for the project provided at the local level, including grants or other subsidies, and funding provided by the issuance of bonds pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code) or financing under the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24). (c) The potential for the project to provide additional protection of the public health and safety. (d) The potential for the project to enhance strategic community development, including, but not limited to, all of the following: (1) The creation of new jobs. (2) Generation of additional tax revenue. (3) The likelihood that the project will stimulate additional redevelopment in adjacent areas. (4) The degree to which implementation of the project will improve local property values. (5) The degree to which implementation of the project will result in the development of new parks. (6) The extent to which the project may have a beneficial effect on the construction of new schools. (7) The extent to which the project will result in the construction of affordable inner-city housing. (8) The potential for the project to have a beneficial impact on existing local and regional infrastructure or projected infrastructure needs, or otherwise promote infill development. (e) The economic viability of the project, including, but not limited to, an analysis of the current value of the property as compared to its projected value after all necessary response actions have been completed. (f) The ability of the loan applicant to successfully perform the response action at the site and repay the loan if funding is provided. (g) The geographic location of the project, taking into consideration the number and amounts of loans approved for projects located in that area, as compared to those approved for other needy areas throughout the state. (h) The degree of likelihood that the response action would not be completed if a loan pursuant to Article 6 (commencing with Section 80450) is not made, including whether any necessary response action is already being paid for by a responsible party pursuant to an administrative order, an agreement issued or entered into with a federal, state, or local agency, a judicial order, or a consent decree. (i) The ability to obtain conventional financing absent a loan under this program. (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.)
  138. 80500.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Conditions for Loan Approval [80500 - 80505] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department may approve all or part of a loan request, but any approved loan under Article 7 cannot exceed $2,500,000.

    ## 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Conditions for Loan Approval [80500 - 80505] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80500. The department may approve all, or part of, a loan request pursuant to Article 7 (commencing with Section 80480), except the maximum amount of a loan approved pursuant to Article 7 (commencing with Section 80480) shall not exceed two million five hundred thousand dollars ($2,500,000). (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.)
  139. 80505.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Conditions for Loan Approval [80500 - 80505] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department must not approve certain loans if the debt against the eligible property is more than 80% of its estimated post-cleanup value.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Conditions for Loan Approval [80500 - 80505] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80505. The department shall not approve a loan pursuant to Article 7 (commencing with Section 80480) if the total debt against the eligible property subject to the release or threatened release of a hazardous material on which the response action will be taken exceeds 80 percent of the estimated value of the property after all necessary response actions are complete. (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.)
  140. 80520.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Obligations of Loan Recipient [80520- 80520.] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. )

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    A loan recipient must sign repayment and oversight agreements, provide the oversight agreement before funds are released, repay over no more than seven years, use recovered cleanup money first to repay the loan unless an exception applies, obtain required insurance, and pay oversight costs if the account lacks 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 9. Obligations of Loan Recipient [80520- 80520.] ( Article 9 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80520. Upon the approval of a loan pursuant to Article 7 (commencing with Section 80480), the loan recipient shall do all of the following: (a) Enter into an agreement with the department to repay the loan over a period of not more than seven years. If the loan is to a local government entity, or to a developer or prospective purchaser acting together with a local government entity pursuant to an enforceable agreement, the department may delay the beginning of the loan repayment period. (1) The agreement shall include those terms and conditions that the department deems appropriate. (2) (A) The agreement shall require that if the loan recipient recovers from a responsible party any costs incurred in taking a response action at the site that is the subject of the response action pursuant to the agreement, the loan recipient shall use the recovered money, except for reasonable costs and the fees incurred to recover that money, first to satisfy the loan. (B) Notwithstanding subparagraph (A), a loan recipient is not required to first use the money recovered to repay the loan or grant if the recipient can demonstrate, to the satisfaction of the department, that the recovered money is necessary to, and is being applied to, the total environmental remediation of the property, and that the total of the recovered money and the loan amount does not exceed the cost of remediation. (b) (1) Enter into an agreement with the department or with the regional board or state board pursuant to Article 11 (commencing with Section 80570) for the oversight and approval of the response action at the site. This agreement shall include any necessary conditions and assurances to ensure that post-completion, ongoing operation and maintenance activities, and any necessary institutional controls on future uses of the property, are complied with. This agreement shall be provided to the department before the department may release any loan funds to the loan recipient. (2) Notwithstanding any requirement of Division 20 (commencing with Section 24000) or this part regarding cost recovery or reimbursement for oversight costs, a loan recipient is not liable for paying the department’s costs pursuant to this chapter or the regional board’s or state board’s costs pursuant to Article 11 (commencing with Section 80570) associated with the oversight of the response action at the site subject to the agreement, if the department determines there are sufficient funds in the account to reimburse the department’s costs pursuant to this chapter or the regional board’s or state board’s costs pursuant to Article 11 (commencing with Section 80570) for that oversight. If the department determines that the account has insufficient funds to pay for the oversight costs associated with the oversight of the response action at the site subject to the agreement, the loan recipient shall pay the department’s costs pursuant to this chapter or the regional board’s or state board’s costs pursuant to Article 11 (commencing with Section 80570) for the amount of those costs. (c) (1) Except as provided in paragraph (2), obtain secured creditor insurance, as defined in Section 80730, from the insurance company selected by the secretary pursuant to Section 80760, or comparable insurance from any insurance company with an A.M. Best Financial Strength Rating of A+ or better and an A.M. Best Financial Size Category of FSC X or larger that is authorized to offer environmental insurance in California. This insurance shall be obtained before the department may release any loan funds to the loan recipient. (2) The secretary may waive the requirement of paragraph (1) to obtain insurance or any specific insurance coverage if either of the following apply: (A) No money is available for the environmental insurance subsidies authorized pursuant to Section 80800. (B) The secretary determines that the scope of the response action is limited and the cost of the premiums of the prenegotiated package of environmental insurance products equals or exceeds the estimated response action costs, or is otherwise not commercially feasible. (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.)
  141. 80540.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Security for Loan [80540 - 80550] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department must secure approved loans with property or another approved form of security, and it may foreclose on secured property or security.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Security for Loan [80540 - 80550] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80540. (a) A loan approved pursuant to Article 7 (commencing with Section 80480) shall be secured by the property subject to the release or threatened release of the hazardous material on which the response action will be taken or by another form of security that the department determines will adequately protect the state’s interest. (b) The department shall obtain an appropriate security interest in the property or other alternative form of security approved by the department. (c) (1) The department may foreclose on property, or the alternative form of security approved by the department, that is subject to a security interest pursuant to this article. (2) Any funds received through a foreclosure or through the enforcement of any other security interest pursuant to this chapter shall be deposited in the 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.)
  142. 80545.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Security for Loan [80540 - 80550] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The state and related entities are not liable under state or local law because the department holds the security interest or acquired property through foreclosure, and a specified chapter does not apply to them for certain secured loans.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Security for Loan [80540 - 80550] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80545. (a) The state, the secretary, the department, and the account are not liable under any state or local statute, regulation, or ordinance because the department holds the security interest identified in Section 80540 or because the department acquired property through foreclosure or its equivalent in satisfaction of a loan issued pursuant to this chapter. (b) Chapter 6.96 (commencing with Section 25548) of Division 20 does not apply to the state, the secretary, the department, the agency, or the account with regard to a loan secured pursuant to Section 80540. (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.)
  143. 80550.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Security for Loan [80540 - 80550] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The department must promptly sell property acquired through a security interest at current market value, and that disposal is exempt from certain Government 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 10. Security for Loan [80540 - 80550] ( Article 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80550. (a) Notwithstanding any other provision of law, no approval or review shall be required from the Department of General Services to obtain any security interest or exercise any rights, including, but not limited to, foreclosure, under any security interest or other agreement made pursuant to this chapter. (b) The acquisition of a property pursuant to this chapter through foreclosure or its equivalent is not subject to Article 2 (commencing with Section 14660) of Chapter 2 of Part 5.5 of Division 3 of Title 2 of the Government Code. (c) The department shall promptly dispose of any property acquired through the exercise of any security interest pursuant to this chapter at the property’s current market value and the disposal of this property is exempt from Section 11011.1 of the Government Code and Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 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.)
  144. 80570.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section sets who serves as the administering agency for certain loan-related sites involving a leaking underground fuel tank 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80570. (a) Except as provided in subdivision (b) and Section 80575, upon the request of a regional board or the state board, the administering agency for any site that is the subject of a loan approved under Article 7 (commencing with Section 80480) shall be a regional board, the state board, or a local oversight program agency under contract with the state board in accordance with Chapter 6.7 (commencing with Section 25280) of Division 20 and Chapter 6.75 (commencing with Section 25299.10) of Division 20, if the property is subject to a release from a leaking underground fuel tank and the release from the leaking underground fuel tank is the principal threat at that property, as determined by the regional board, the state board, and the department. (b) If the site specified in subdivision (a) was not subject to oversight by a local oversight program agency prior to the date the loan application was submitted to the department pursuant to Article 6 (commencing with Section 80450), the regional board shall serve as the administering agency. (c) Any response action for a property subject to this section for a leaking underground fuel tank shall be carried out under Chapter 6.65 (commencing with Section 25260), Chapter 6.7 (commencing with Section 25280), and Chapter 6.75 (commencing with Section 25299.10) 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.)
  145. 80575.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A regional board can request to act as the administering agency for certain properties, and it must do so if the site meets the listed order or agreement conditions.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80575. (a) Upon the request of a regional board, the regional board shall be the administering agency for a property specified in Section 80570, if the site is subject to one or more of the following orders or agreements under Division 7 (commencing with Section 13000) of the Water Code prior to the date the loan application was submitted to the department pursuant to Article 6 (commencing with Section 80450): (1) A cleanup and abatement order. (2) Another cleanup order issued by a regional board. (3) A written voluntary agreement with a regional board. (b) Any response action for a site subject to this section shall be carried out pursuant to Chapter 6.65 (commencing with Section 25260) 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.)
  146. 80580.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The regional board and the state board may request that the department serve as the administering agency for a property 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80580. Notwithstanding Sections 80570 and 80575, the regional board and the state board, in consultation with the department, may request the department to be the administering agency for a property subject 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.)
  147. 80585.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    If both the regional board and the department have taken certain actions for a site, they must consult and decide which agency will administer the site under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80585. Notwithstanding Section 80575, if a regional board has issued a cleanup order or entered into a written voluntary agreement under Division 7 (commencing with Section 13000) of the Water Code for a site and the department has issued an order or entered into an enforceable agreement under Chapter 6.5 (commencing with Section 25100) of Division 20 or this part, the regional board and the department shall consult and determine which agency shall be the administering agency for the site under this chapter. (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.)
  148. 80590.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department must give written notice when it receives a loan application under Article 6, and the notice must include the applicant’s name and address and the property’s 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80590. The department shall provide a written notice of the receipt of a loan application under Article 6 (commencing with Section 80450), including the name and address of the loan applicant and the location of the property, to both of the following: (a) A regional board for any property within that regional board’s jurisdiction. (b) The state board for any property that contains a leaking underground fuel tank. (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.)
  149. 80595.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The regional board or state board must send the department written notice within 20 working days after receiving certain notice or information, stating who will oversee the 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80595. The regional board or state board shall respond with a written notice to the department within 20 working days after receipt of the notice or information provided pursuant to Section 80590 indicating whether the regional board or a local oversight program agency under contract with the state board will oversee the response action pursuant to this article. If the regional board or state board does not provide this notice within that time period, the regional board or state board shall be deemed to have elected not to oversee 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.)
  150. 80600.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department must reimburse oversight costs from the account when the stated conditions are met, and if the account has insufficient funds, the regional board or state board must recover those costs from the loan recipient. A loan recipient must sign an agreement before loan funds are 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80600. (a) If a regional board or a local oversight program agency under contract with the state board oversees a response action pursuant to this article, the department shall reimburse the regional board or state board from the account for oversight costs, if all of the following occur: (1) The department determines, pursuant to paragraph (2) of subdivision (b) of Section 80520, that there are sufficient funds in the account. (2) The department receives the report required upon completion of the response action under Section 80605. (3) The regional board or a local oversight program agency under contract with the state board, as appropriate, certifies that it is not eligible to be reimbursed for oversight costs from any other fund or account, including, but not limited to, the Underground Storage Tank Cleanup Fund pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division 20. (b) If the department determines pursuant to paragraph (2) of subdivision (b) of Section 80520 that the account has insufficient funds, the regional board or state board shall recover its oversight costs from the loan recipient, and the department shall not be liable for these oversight costs. (c) If a regional board or a local oversight program agency under contract with the state board oversees a response action pursuant to this article, the recipient of a loan approved pursuant to Article 7 (commencing with Section 80480) shall enter into an agreement with the regional board or the state board under paragraph (1) of subdivision (b) of Section 80520 for the oversight and approval of the response action at the site, prior to the release of loan funds by the department. The agreement shall meet the requirements specified in the regulations adopted pursuant to Article 12 (commencing with Section 80620). (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.)
  151. 80605.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    If serving as the administering agency, the regional board or state board must give the department annual status information about the response action and notify it when the response action is completed.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80605. If the regional board or a local oversight program agency under contract with the state board serves as the administering agency pursuant to this article, the regional board or the state board shall do both of the following: (a) Annually provide information to the department about the status of the response action, including any response action decision document that includes limitations on land use or other institutional controls. (b) Notify the department upon completion of 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.)
  152. 80610.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says Article 11 does not apply to sites covered by the specified Education Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 11. Administering Agency [80570 - 80610] ( Article 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80610. This article does not apply to any site subject to Chapter 1 (commencing with Section 17210) of Part 10.5 of Division 1 of Title 1 of the Education Code. (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.)
  153. 80620.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Emergency Regulations [80620 - 80625] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department may adopt emergency regulations to implement this chapter, and those regulations are treated as an emergency for Administrative Procedure Act 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 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Emergency Regulations [80620 - 80625] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80620. (a) The department may adopt regulations to implement this chapter as emergency regulations. The Office of Administrative Law shall consider the situation addressed by those regulations to be an emergency for purposes of Section 11349.6 of the Government Code. (b) Notwithstanding the time period specified in subdivision (e) of Section 11346.1 of the Government Code, the emergency regulations adopted or amended pursuant to this section shall be repealed 180 days after the effective date of the regulations, unless the secretary or the department readopts those regulations, in whole or in part, in compliance with 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.)
  154. 80625.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Emergency Regulations [80620 - 80625] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The department may adopt emergency regulations, and those regulations are generally repealed 180 days after they take effect unless they are readopted.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 10. Cleanup Loans and Environmental Assistance to Neighborhoods [80200 - 80625] ( Chapter 10 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 12. Emergency Regulations [80620 - 80625] ( Article 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80625. (a) The department may adopt emergency regulations to implement the changes made by Chapter 548 of the Statutes of 2001. The Office of Administrative Law shall consider the situation addressed by those regulations an emergency for purposes of Section 11349.6 of the Government Code. (b) Notwithstanding the time period specified in subdivision (e) of Section 11346.1 of the Government Code, the emergency regulations adopted or amended pursuant to this section shall be repealed 180 days after the effective date of the regulations, unless the secretary or the department readopts those regulations, in whole or in part, in compliance with 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.)
  155. 80680.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says the definitions in this article apply to this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80680. For purposes of this chapter, the definitions contained in this article shall apply. (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.)
  156. 80685.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “CLEAN Program” as the Cleanup Loans and Environmental Assistance to Neighborhoods Program established under Section 80450.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80685. “CLEAN Program” means the Cleanup Loans and Environmental Assistance to Neighborhoods Program established pursuant to Section 80450. (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.)
  157. 80690.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “cost overrun insurance” and says it must cover certain response costs, last long enough for the response work, and keep any self-insured retention at or below 25% of approved estimated response action 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 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80690. (a) “Cost overrun insurance” means insurance that covers some, or all, of the response costs caused by a known pollution condition at a site, that exceed the estimated response action costs that have been accepted and approved by the insurer, based on information from the department and other relevant sources at the time the insurance is first obtained. (b) Cost overrun insurance shall, at a minimum, provide for all of the following: (1) The response costs in excess of the estimated response action costs that have been accepted and approved by the insurer. (2) A policy period of sufficient length to cover the duration of the response activities, not including post-completion operation and maintenance. (3) A self-insured retention amount not to exceed 25 percent of the estimated response action costs that have been accepted and approved by the insurer. (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.)
  158. 80695.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says “Eligible property” means the same thing as in Section 80230(a).

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80695. “Eligible property” has the same meaning as defined in subdivision (a) of Section 80230. (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.)
  159. 80700.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “environmental insurance.”

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80700. “Environmental insurance” means insurance intended to limit the liability associated with the discovery and cleanup of a hazardous material release, including secured creditor insurance, pollution liability insurance, and cost overrun insurance, and any other insurance product that the secretary selects to be provided pursuant to Article 2 (commencing with Section 80750). (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.)
  160. 80705.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “estimated response action costs” as the projected costs of taking a response action under an approved removal or remedial action work 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 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80705. “Estimated response action costs” means the projected costs of taking a response action in implementing an approved removal action work plan or remedial action plan prepared to address a pollution condition at a 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.)
  161. 80710.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “hazardous material” as a substance or waste that may endanger human health or safety or degrade the environment, and it includes certain listed hazardous substances, hazardous wastes, and other wastes.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80710. “Hazardous material” means a substance or waste that, because of its physical, chemical, or other characteristics, may pose a risk of endangering human health or safety or of degrading the environment. “Hazardous material” includes, but is not limited to, all of the following: (a) A hazardous substance, as defined in Section 25281 or subdivision (a) of Section 78075, including the substances specified in subdivision (b) of Section 78075. (b) A hazardous waste, as defined in Section 25117. (c) A waste, as defined in Section 101075, or as defined in Section 13050 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.)
  162. 80715.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “insurance company” 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 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80715. “Insurance company” means an insurance company authorized in California to offer environmental insurance and that has an A.M. Best Financial Strength Rating of A+ or better and an A.M. Best Financial Size Category of FSC X or larger. (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.)
  163. 80720.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “pollution condition” as a release or threatened release of a hazardous material and any resulting impact on the environment.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80720. “Pollution condition” means a release or threatened release of a hazardous material and any resulting impact upon 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.)
  164. 80725.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “pollution liability insurance” and “damages” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80725. (a) “Pollution liability insurance” means insurance that covers damages caused by a pollution condition from, or at, a site that is preexisting and unknown, or was otherwise unknown at the time the insurance is first obtained, and, at a minimum, provides for all of the following: (1) A minimum policy period of five years after the completion of remediation activities, not including post-completion operation and maintenance. (2) A duty to defend and pay for defense costs in an amount at least up to the amount of coverage available under the policy, irrespective of whether an administrative or judicial order requires the insured to compensate any party or pay for the damages, so long as there already exists a reasonably quantifiable legal obligation to pay those damages. (b) For purposes of this section, “damages” means either of the following: (1) Property damage incurred at a site as an unforeseen and unexpected result of a pollution condition. (2) Bodily injury, property damage, and response action costs sustained or incurred by a third party as a result of a pollution condition at a site. (c) For purposes of this section, “damages” includes the property damage, bodily injury, and response costs specified in subdivision (b), irrespective of whether an administrative or judicial order requires the insured to compensate any party or pay for the property damage, bodily injury, or response costs, so long as there exists a reasonably quantifiable legal obligation to pay for those damages. (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.)
  165. 80730.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “secured creditor insurance” as insurance for an insured that covers certain response costs, liabilities, losses, and defense costs related to a pollution condition.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80730. “Secured creditor insurance” means insurance made available to an insured that covers all of the following: (a) Response costs at a site incurred by the lender after a default by the borrower or foreclosure by the lender that occurs as a result of a pollution condition at the site, and the costs are reasonably necessary to remediate the site for its intended use so that it can be sold. (b) Damages or other liability for a pollution condition at a site incurred by a lender as a result of that lender exercising a foreclosure option. (c) Loss or damages incurred by a lender as a result of a borrower’s inability to satisfy a loan obligation or due to the existence of an unforeseen and unexpected pollution condition. (d) A duty to defend and pay for defense costs in an amount at least up to the amount of coverage available under the policy, irrespective of whether an administrative or judicial order requires the insured to compensate any party or pay for the loss, damages, or liability, so long as there exists a reasonably quantifiable legal obligation to pay damages. (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.)
  166. 80735.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section defines “self-insured retention amount” for this program.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Definitions [80680 - 80735] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80735. “Self-insured retention amount” means response action costs in excess of the estimated response action costs that have been accepted and approved by the insurer that the insured is obligated to pay before being eligible to make a claim of an insurer under a cost overrun insurance policy. (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.)
  167. 80750.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The secretary must solicit proposals for environmental insurance products through competitive bidding and must hold at least one public workshop in both northern and southern California before receiving proposals.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80750. (a) The secretary shall solicit proposals for a package of environmental insurance products from insurance companies through a competitive bidding process. (b) (1) The request for proposal prepared by the secretary shall identify the objectives of this chapter and the specific types and coverage limits of the insurance products desired, including endorsements and exclusions. (2) The request for proposal shall require that the proposal allow a purchaser the opportunity to pay for additional coverage without losing the lower transaction costs structure of the prenegotiated policy. (c) The secretary shall hold at least one public workshop in both the northern and the southern part of the state to present and solicit comments on the request for proposal prior to receiving any proposals. (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.)
  168. 80755.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The secretary must evaluate proposals under Section 80750 and interested parties using specified 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 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80755. The secretary shall evaluate the extent to which each proposal submitted pursuant to Section 80750 meets the objectives of the request for proposal and shall also evaluate each proposal and interested party using all of the following factors: (a) Product pricing. (b) Claims history. (c) Underwriting history. (d) Company financial strength and size. (e) Scope of policy coverages, including endorsements and exclusions. (f) Marketing and distribution of the insurance products. (g) Any other factor that the secretary determines will affect the ability of the selected insurance company to meet the requirements of this chapter and provide the environmental insurance products in the most effective and efficient manner and at the least cost to the state and to persons seeking that insurance. (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.)
  169. 80760.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The secretary must choose one or more qualifying insurance companies as the exclusive state-designated provider of environmental insurance for three years, and must choose the company that best fits the chapter’s requirements and the request for proposal objectives at the best possible price.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80760. (a) The secretary shall select one or more insurance companies that have submitted a proposal pursuant to Section 80750 to be the exclusive state-designated provider of environmental insurance under this chapter for a period of three years from the date of selection. (b) The secretary shall select a company that, in the secretary’s determination, has submitted a proposal that best meets the requirements of this chapter and the objectives stated in the request for proposal at the best possible price. (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.)
  170. 80765.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The secretary must repeat the competitive bidding process in this article every three 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 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80765. Every three years, the secretary shall repeat the competitive bidding process specified in 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.)
  171. 80770.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    An insurance company selected under Section 80760 must offer a prenegotiated environmental insurance package to interested CLEAN Program loan recipients, and must also offer the chapter’s environmental insurance products to other persons conducting response actions in the state.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80770. (a) An insurance company selected to provide prenegotiated environmental insurance products pursuant to Section 80760 shall offer this prenegotiated package of insurance products to any interested recipient of a loan under the CLEAN Program. (b) The insurance company shall also offer the environmental insurance products made available under this chapter to any other person who conducts a response action in the 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.)
  172. 80775.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The secretary must implement this article and do so in consultation with specified state agencies and other interested 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 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80775. The secretary shall implement this article in consultation with representatives of other appropriate state agencies, including the Business, Transportation and Housing Agency, the Office of Planning and Research, the Pollution Control Financing Authority, the Department of Insurance, the state board, the department, and with other interested parties, including developers, lenders, insurers, and representatives from environmental organizations. (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.)
  173. 80780.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The secretary must implement this article consistently with state procurement requirements for services.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Environmental Insurance Products [80750 - 80780] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80780. The secretary shall implement this article in a manner that is consistent with the requirements for state procurement of services set forth in Article 4 (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.)
  174. 80800.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The secretary must use specified account funds, when available in the annual Budget Act, to subsidize the cost of environmental insurance products.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80800. The secretary shall expend the funds from the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350 that are made available in the annual Budget Act for expenditure to subsidize the cost of the environmental insurance products offered by the insurance company selected pursuant to Section 80760, in accordance with Section 80805. (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.)
  175. 80805.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The secretary must provide certain subsidies, and may use available funds to pay part of a cost overrun insurance retention amount if stated 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 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80805. The secretary shall provide the following subsidies, in accordance with the application process specified in this article, from the funds made available pursuant to Section 80800: (a) Up to 50 percent of the cost of the premiums for the environmental insurance products provided pursuant to Section 80770. (b) (1) Up to 80 percent of the self-insured retention amount of the cost overrun insurance provided pursuant to Section 80770, up to a maximum of five hundred thousand dollars ($500,000). (2) The secretary may expend the funds available to pay a portion of the self-insured retention amount of the cost overrun insurance provided pursuant to Section 80770 only under all of the following conditions: (A) The insured demonstrates that it exercised reasonably prudent business judgment in insuring the cost overrun, consistent with an attempt to minimize the incurred costs, and incurred the costs through no fault of its own. (B) The insured pays, at a minimum, the first 20 percent of the self-insured retention amount. (C) The secretary determines that the amount of the payment is in the best interests of the state, taking into account the environmental and economic benefits of the specified project, as compared to the benefit of conserving funds for assistance at other 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.)
  176. 80810.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Certain people involved in eligible environmental response actions may apply to the secretary for subsidies if they buy the specified insurance products.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80810. (a) Any person who is conducting a response action at an eligible property under the oversight of the department or a regional board and who purchases the prenegotiated environmental insurance products from the insurance company selected pursuant to Section 80760 may apply to the secretary for the subsidies that are made available pursuant to this article. (b) To the extent that the funds that are made available in the annual Budget Act for expenditure to subsidize the cost of the environmental insurance products provided pursuant to this chapter are available, an applicant is eligible for a subsidy in the order in which the applicant’s application is received. (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.)
  177. 80815.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

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    An applicant for a subsidy must give the secretary all information needed to show the applicant is eligible for the subsidy.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80815. An applicant for a subsidy made available pursuant to this article shall provide the secretary with all information necessary to demonstrate to the secretary that the applicant is eligible to receive a subsidy. (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.)
  178. 80820.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The state and the Cleanup Loans and Environmental Assistance to Neighborhoods Account are not obligated to provide funds to subsidy applicants under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80820. The state and the Cleanup Loans and Environmental Assistance to Neighborhoods Account do not have any obligation to provide funds to any person that applies for a subsidy pursuant to this chapter. (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.)
  179. 80825.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The secretary may provide a subsidy to an applicant only if the relevant account has reserved money for environmental insurance and that money 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 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Subsidies [80800 - 80825] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80825. The secretary shall provide an applicant with a subsidy only to the extent that money in the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350 has been reserved in the annual Budget Act for the purpose of providing environmental insurance and the money that has been reserved for this purpose is 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.)
  180. 80840.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Liability [80840 - 80855] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The listed public entities and related employees are not liable for specified acts or omissions connected to implementing this chapter, selected insurance companies, or purchasers of the insurance product.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Liability [80840 - 80855] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80840. Notwithstanding any other provision of law, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions or their employees, shall not be liable to any person for any of the following: (a) Any acts or omissions by the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions or their employees, in implementing this chapter. (b) Any acts or omissions by an insurance company selected to provide prenegotiated environmental insurance products pursuant to Section 80760. (c) Any acts or omissions by any person that purchases a prenegotiated environmental insurance product made available pursuant to this chapter. (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.)
  181. 80845.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Liability [80840 - 80855] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Section 80845 says the liability immunity in Section 80840 covers certain actions by an insurance company providing prenegotiated environmental insurance products.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Liability [80840 - 80855] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80845. The immunity from liability set forth in Section 80840 specifically includes, but is not limited to, immunity if an insurance company selected to provide prenegotiated environmental insurance products pursuant to Section 80760 does any of the following: (a) Cancels, rescinds, or otherwise terminates its contract with the secretary. (b) Fails, for any reason, to compensate an insured for a loss covered by a policy. (c) Delays payment to an insured, or otherwise breaches a duty or covenant imposed by law or required by a policy or contract with an insured that purchased an environmental insurance product pursuant to this chapter. (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.)
  182. 80850.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Liability [80840 - 80855] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says the article’s immunity is additional to other immunities and defenses already available to listed public entities and their employees and agents.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Liability [80840 - 80855] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80850. The immunity set forth in this article is in addition to other immunities and defenses otherwise available to the agency, the secretary, the state, their respective employees and agents, and any of the state’s political subdivisions and employees thereof. (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.)
  183. 80855.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Liability [80840 - 80855] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says the listed state entities and related employees/agents are not to be treated as insurers or insurance intermediaries, are not deemed to be transacting insurance, and do not need an Insurance Code license or other authorization when implementing the chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Liability [80840 - 80855] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80855. In implementing this chapter, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions and employees thereof, may not: (a) Be construed to be an insurer, as defined in Section 23 of the Insurance Code, an insurance agent, as defined in Sections 31 and 1621 of the Insurance Code, an insurance solicitor, as defined in Sections 34 and 1624 of the Insurance Code, or an insurance broker, as defined in Sections 33 and 1623 of the Insurance Code. (b) Be construed to be transacting insurance, as defined in Section 35 of the Insurance Code. (c) Be required to obtain a license or other authorization pursuant to any provision 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.)
  184. 80870.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Regulations [80870- 80870.] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The agency may adopt regulations to implement this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 11. California Financial Assurance and Insurance for Redevelopment Program [80680 - 80870] ( Chapter 11 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Regulations [80870- 80870.] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80870. (a) The agency may adopt regulations to implement this chapter pursuant to this section. (b) (1) The regulations adopted to implement this chapter shall be deemed to be emergency regulations for purposes of Section 11346.1 of the Government Code. (2) Notwithstanding the time period specified in subdivision (e) of Section 11346.1 of the Government Code, those emergency regulations may remain in effect for up to 180 days. (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.)
  185. 80900.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Financial Provisions [80900 - 80905] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The Legislature may appropriate up to $2 million each year from the state account for the Department of General Services to pay awards under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Financial Provisions [80900 - 80905] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80900. (a) Claims approved by the Department of General Services pursuant to this chapter shall be paid from the state account. (b) The Legislature may appropriate up to two million dollars ($2,000,000) annually from the state account to be used by the Department of General Services for the payment of awards pursuant to this chapter. (c) Claims against or presented to the Department of General Services shall not be paid in excess of the amount of money appropriated for this purpose from the state account. These claims shall be paid only when additional money is collected, appropriated, or otherwise added to that 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.)
  186. 80905.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Financial Provisions [80900 - 80905] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The Department of General Services may spend reasonably necessary money from the state account to administer and carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Financial Provisions [80900 - 80905] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80905. The Department of General Services may expend from the state account those sums of money as are reasonably necessary to administer and carry out this chapter. (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.)
  187. 80920.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Claims for Compensation [80920 - 80930] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    Any person may apply to the Department of General Services for compensation for a loss caused by a hazardous substance release in California, if the stated 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 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Claims for Compensation [80920 - 80930] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80920. Any person may apply to the Department of General Services, pursuant to Section 80925, for compensation of a loss caused by the release, in California, of a hazardous substance if any of the following conditions are met: (a) The source of the release of the hazardous substance, or the identity of the party liable for damages in connection with the release or responsible for the costs of removal of the hazardous substance, is unknown or cannot, with reasonable diligence, be determined. (b) The loss was not compensable pursuant to law, including Chapter 6.5 (commencing with Section 25100) of Division 20, because there is no liable party or the judgment could not be satisfied, in whole or part, against the party determined to be liable for the release of the hazardous substance. (c) The person has presented a written demand for compensation, which sets forth the basis for the claim, to the party that the person reasonably believes is liable for a loss specified in subdivision (a) of Section 80940 that was incurred by that person and is compensable pursuant to this chapter, the person has presented the Department of General Services with a copy of the demand, and, within 60 days after presenting the demand, the party has either rejected, in whole or in part, the demand to be compensated for a loss specified in subdivision (a) of Section 80940, or has not responded to the demand. Only losses specified in subdivision (a) of Section 80940 are compensable under a claim filed pursuant to this subdivision. (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.)
  188. 80925.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Claims for Compensation [80920 - 80930] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The Department of General Services must prescribe claim forms and procedures for claims under this chapter, and claimants must include specified sworn, residency, medical, injury, expense, and income information. Knowingly giving false information in such a claim is a misdemeanor punishable by a fine, 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 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Claims for Compensation [80920 - 80930] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80925. (a) The Department of General Services shall prescribe appropriate forms and procedures for claims filed pursuant to this chapter, which shall include, as a minimum, all of the following: (1) A provision requiring the claimant to make a sworn verification of the claim to the best of the claimant’s knowledge. (2) A full description, supported by appropriate evidence from government agencies of the release of the hazardous substance claimed to be the cause of the physical injury or illness or loss of income. (3) Certification by the claimant of dates and places of residence for the five years preceding the date of the claim. (4) Certification of the medical history of the claimant for the five years preceding the date of the claim, along with certification of the alleged physical injury or illness and expenses for the physical injury or illness. The certification shall be made by hospitals, physicians, or other qualified medical authorities. (5) The claimant’s income as reported on the claimant’s federal income tax return for the preceding three years in order to compute lost wages or income. (b) Any person who knowingly gives, or causes to be given, any false information as a part of any claim pursuant to this chapter shall be guilty of a misdemeanor and shall, upon conviction, be fined up to five thousand dollars ($5,000), or imprisoned for not more than one year, or both. (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.)
  189. 80930.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Claims for Compensation [80920 - 80930] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A compensation claim cannot be presented to the Department of General Services more than three years after discovery of the loss, or after January 1, 1982, whichever is later.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Claims for Compensation [80920 - 80930] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80930. No claim may be presented to the Department of General Services pursuant to this chapter later than three years from the date of discovery of the loss or from January 1, 1982, whichever is later. (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.)
  190. 80940.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Compensable Losses [80940 - 80950] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section limits compensation to specified losses after the Department of General Services makes the required determination, and it sets percentages, caps, and filing deadlines for each category.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Compensable Losses [80940 - 80950] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80940. If the Department of General Services makes the determination, specified in Section 80945, that losses resulted from the claimant’s damages, injury, or disease, only the following losses are compensable pursuant to this chapter: (a) One hundred percent of uninsured, out-of-pocket medical expenses, for up to three years from the onset of treatment. (b) Eighty percent of any uninsured, actual lost wages, or business income in lieu of wages, caused by injury to the claimant or the claimant’s property, not to exceed fifteen thousand dollars ($15,000) per year for three years. (c) (1) One hundred percent of uninsured, out-of-pocket expenses for remedial action on the claimant’s property undertaken to address a release of a hazardous substance when all of the following apply: (A) The claimant’s property is an owner-occupied single-family residence. (B) The remedial action was ordered by federal, state, or local authorities due to a release of a hazardous substance. (C) The department makes one of the following determinations: (i) The release of the hazardous substance originated outside the boundaries of the property. (ii) The release of the hazardous substance occurred on the property, was the result of an action that violated state or federal law, and the responsible party cannot be identified or cannot be located, or a judgment against the responsible party cannot be satisfied. (2) The maximum compensation under this subdivision is limited to twenty-five thousand dollars ($25,000) per residence and to one hundred thousand dollars ($100,000) for five contiguous residential properties. Any compensation provided shall be reduced by the amount that the remedial action results in a capital improvement to the claimant’s residence. (d) (1) One hundred percent of the fair market value of owner-occupied real property that is rendered permanently unfit for occupancy because of the release of a hazardous substance. (2) For purposes of this subdivision, real property is rendered permanently unfit for occupancy only if a state or federal agency requires that it be evacuated for a period of six or more months because of the release of a hazardous substance. (3) The fair market value of the real property shall be determined by an independent appraiser, and shall be considered by the independent appraiser as being equal to the value of the real property prior to the release of the hazardous substance that caused the evacuation of the property. (4) Where compensation is made by the Department of General Services pursuant to this subdivision, sole ownership of the real property shall be transferred to the state and any proceeds resulting from the final disposition of the real property shall be deposited into the state account, for expenditure by the department upon appropriation by the Legislature. (5) To be eligible for compensation pursuant to this subdivision, claims for compensation shall be made within 12 months of the date on which the evacuation was ordered. (e) (1) One hundred percent of the expenses incurred due to the evacuation of a residence ordered by a state or federal agency. (2) For purposes of this subdivision, “evacuation expenses” include the cost of shelter and any other emergency expenditures incurred due to an evacuation ordered by a state or federal agency. (3) The Department of General Services may provide compensation, pursuant to this subdivision, only if it finds that the evacuation expenses represent reasonable costs for the goods or services purchased, and would not have been incurred if an evacuation caused by a hazardous substance release had not occurred. (4) The Department of General Services may provide compensation for these evacuation expenses only if they were incurred within 12 months from the date on which evacuation was ordered. (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.)
  191. 80945.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Compensable Losses [80940 - 80950] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

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    A loss under Section 80940 is compensable only if the Department of General Services makes the listed findings based on a preponderance of the evidence.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Compensable Losses [80940 - 80950] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80945. A loss specified in Section 80940 is compensable if the Department of General Services makes all of the following findings, based upon a preponderance of the evidence: (a) A release of a hazardous substance occurred. (b) The claimant or the claimant’s property was exposed to the release of the hazardous substance. (c) The exposure of the claimant to the release of the hazardous substance was of such a duration, and to such a quantity of the hazardous substance, that the exposure caused the damages, injury, or disease that resulted in the claimant’s loss. (d) For purposes of subdivisions (d) and (e) of Section 80940, the hazardous substance release, or the order that resulted in the claim for compensation, occurred on or after January 1, 1986. (e) The conditions and requirements of this chapter, including, but not limited to, the conditions of Sections 80920 and 80925, have been met. (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.)
  192. 80950.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Compensable Losses [80940 - 80950] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Money from this part may not be used to pay claims that result from long-term exposure to ambient concentrations of air pollutants.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Compensable Losses [80940 - 80950] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80950. No money shall be used for the payment of any claim authorized by this part, where the claim is the result of long-term exposure to ambient concentrations of air pollutants. (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.)
  193. 80970.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Claim Proceedings [80970 - 80975] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

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    In Department of General Services proceedings under this chapter, specified Government Code procedures apply, except that certain Evidence Code sections still apply, and the Department may consider evidence from a person who received a demand.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Claim Proceedings [80970 - 80975] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80970. (a) Except as specified in subdivision (b), the procedures specified in Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and in Section 11513 of, the Government Code apply to the proceedings conducted by the Department of General Services pursuant to this chapter. (b) Notwithstanding subdivision (a), Sections 801, 802, 803, 804, and 805 of the Evidence Code apply to the proceedings conducted by the Department of General Services pursuant to this chapter. (c) The Department of General Services may consider evidence presented by any person against whom a demand was made pursuant to subdivision (c) of Section 80920. The evidence presented by that person shall become a part of the record upon which the Department of General Services shall base its decision. (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.)
  194. 80975.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Claim Proceedings [80970 - 80975] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The Department of General Services must issue claim decisions in writing, notify the appropriate parties, and do so within 90 days unless all parties agree in writing to extend 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 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 4. Claim Proceedings [80970 - 80975] ( Article 4 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80975. (a) All decisions rendered by the Department of General Services shall be in writing, with notification to all appropriate parties, and shall be rendered within 90 days of submission of a claim to the Department of General Services unless all the parties to the claim agree in writing to an extension of time. (b) The decision shall be considered a final agency action for the purposes of judicial review of the decision by any party to the proceedings resulting in the decision. (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.)
  195. 80990.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Relationship to Other Remedies [80990 - 80995] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section says you do not have to pursue a claim against the Department of General Services before using another remedy.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Relationship to Other Remedies [80990 - 80995] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80990. Nothing in this chapter shall require, or be deemed to require, pursuit of any claim against the Department of General Services as a condition precedent to any other remedy. (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.)
  196. 80995.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Relationship to Other Remedies [80990 - 80995] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. )

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    This section bars double recovery: compensation under this chapter stops identical reimbursement from other sources, and reimbursement from other sources stops compensation under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 5. Relationship to Other Remedies [80990 - 80995] ( Article 5 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 80995. (a) Compensation of any loss pursuant to this chapter shall preclude indemnification or reimbursement from any other source for the identical loss, and indemnification or reimbursement from any other source shall preclude compensation pursuant to this chapter. (b) If a claimant recovers any compensation from a party in a civil or administrative action for a loss for which the claimant has received compensation pursuant to this chapter, the claimant shall reimburse the state account in an amount equal to the compensation that the claimant has received from the state account pursuant to this chapter. The Attorney General may bring an action against the claimant to recover the amount that the claimant is required to reimburse the state account, and until the account is reimbursed, the state shall have a lien of first priority on the judgment or award recovered by the claimant. If the state account is reimbursed pursuant to this subdivision, the state shall not acquire, by subrogation, the claimant’s rights pursuant to Article 7 (commencing with Section 81030). (c) The Legislature hereby finds and declares that it is the purpose of this section to prevent double recovery for a loss compensable pursuant to this chapter. (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.)
  197. 8100.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [8100- 8100.] ( Heading of Chapter 1 amended by Stats. 2001, Ch. 436, Sec. 22. )

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    This section says the definitions from Chapter 1 of Part 1 of Division 7 apply to this division.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [8100- 8100.] ( Heading of Chapter 1 amended by Stats. 2001, Ch. 436, Sec. 22. ) ## 8100. The definitions set forth in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 shall be applicable to this division. (Amended by Stats. 2001, Ch. 436, Sec. 23. Effective January 1, 2002.)
  198. 81010.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Nonadmissibility of Evidence in Other Proceedings [81010- 81010.] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Certain Department of General Services findings and claim-participation facts cannot be used to prove liability in civil or criminal cases about hazardous-substance damage.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 6. Nonadmissibility of Evidence in Other Proceedings [81010- 81010.] ( Article 6 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 81010. (a) The following evidence is not admissible as evidence in any civil or criminal proceeding, including a subrogation action by the state pursuant to Article 7 (commencing with Section 81030), to establish the liability of any person for any damages alleged to have been caused by a release of a hazardous substance: (1) A final decision made by the Department of General Services pursuant to this chapter. (2) A decision made by the Department of General Services to admit or not admit any evidence. (3) Any finding of fact or conclusion of law entered by the Department of General Services in a proceeding for a claim pursuant to this chapter. (4) The fact that any person has done any of the following in a proceeding for a claim pursuant to Section 80920: (A) Chosen to participate or appear. (B) Chosen not to participate or appear. (C) Failed to appear. (D) Settled or offered to settle the claim. (b) Subdivision (a) does not apply to any civil action or writ by a claimant against the Department of General Services for any act, decision, or failure to act on a claim submitted by the claimant. (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.)
  199. 8102.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Vandalism [8102 - 8103] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

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    A person who violates this chapter can be sued by the cemetery authority and must pay the damages caused by the unlawful acts.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Vandalism [8102 - 8103] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 8102. Any person violating any provision of this chapter is liable, in a civil action by and in the name of the cemetery authority, to pay all damages occasioned by his unlawful acts. The sum recovered shall be applied in payment for the repair and restoration of the property injured or destroyed. (Enacted by Stats. 1939, Ch. 60.)
  200. 8103.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Vandalism [8102 - 8103] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

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    This chapter does not apply when a cemetery authority removes, or accidentally breaks or injures, items placed in a cemetery in violation of its rules, or removes items that were placed there with its consent and later became wrecked, unsightly, or dilapidated.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Vandalism [8102 - 8103] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 8103. The provisions of this chapter do not apply to the removal or unavoidable breakage or injury, by a cemetery authority, of any thing placed in or upon any portion of its cemetery in violation of any of the rules or regulations of the cemetery authority, nor to the removal of anything placed in the cemetery by or with the consent of the cemetery authority which has become in a wrecked, unsightly, or dilapidated condition. (Enacted by Stats. 1939, Ch. 60.)

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