Article 2 - Public Information

California Health and Safety Code — §§ 25395.115-25395.119

Sections (5)

Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.

The definitions set forth in this section govern the interpretation of this article.

(a)“Agency” means the department, the board, or a regional board.

(b)“Board” means the State Water Resources Control Board.

(c)(1) “Bona fide purchaser” means a person, or a tenant of a person, who acquires ownership of a site on or after January 1, 2005, and

who establishes all of the following by a preponderance of the evidence:

(A) All releases of the hazardous materials at issue at the site occurred before the person acquired the site, except as described in subparagraph (B).

(B) All of the conditions of Section 25395.80 to qualify as a bona fide purchaser have been met.

(C) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release or threatened release at the site through any of the following circumstances:

(i)Any direct or indirect familial relationship.

(ii) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is

created by the instrument by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services.

(iii) The result of a reorganization of a business entity that was potentially liable for the release or threatened release of hazardous materials at the site.

(2)For purposes of this section, “release” does not include passive migration.

(d)“Department” means the Department of Toxic Substances Control.

(e)“Regional board” means a California regional water quality control board.

§ 25395.116

Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.

(a)To facilitate the decision of a bona fide purchaser to apply for a bona fide purchaser agreement, the bona fide purchaser may first enter into a consultative services agreement with the department pursuant to Section 25201.9 or with an agency.

(b)Under the terms of a consultative services agreement entered into in accordance with this section, an agency may review any environmental data and development plans that may be submitted by a bona fide purchaser.

(c)The consultative services agreement shall include all of the following:

(1)Require the bona fide purchaser to pay for the agency’s services.

(2)Not commit the bona fide purchaser to purchase, remediate, or otherwise act with regard to the site.

(3)Provide for a review and meeting to discuss the environmental data and development plans within 30 days of submission.

(d)Upon review of the data and plans specified in paragraph (3) of subdivision (c), the agency shall provide comments to the bona fide purchaser of what further information might be needed to ascertain what response action, if any, will be necessary. The agency shall also provide comments to the bona fide purchaser on any

proposed response actions that may be necessary and an estimate of the time it may take to negotiate and approve a bona fide purchaser agreement.

(e)An agency shall enter into a consultative services agreement, in accordance with this section, subject to available staff and resources, as determined by the agency. If the agency declines to enter into a consultative services agreement, the agency shall provide specific reasons for its decision to the bona fide purchaser requesting the agreement.

§ 25395.117

Amended by Stats. 2022, Ch. 258, Sec. 88. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.

(a)On or before January 1, 2006, the agency and the California Environmental Protection Agency shall implement the requirements imposed by this section.

(b)The department shall revise and upgrade the department’s database systems, including the list of hazardous substances release sites adopted pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 and the information sent to the agency pursuant to Section 65962.5 of the Government Code, to enable compatibility with existing databases of the board, including the GIS mapping system established pursuant to Section 25299.97. The department shall also install improvements to the database systems to maintain and display information that

includes the number of brownfield sites, each brownfield site’s location, acreage, response action, site assessments, and the number of orphan sites where the department is overseeing the response action.

(c)The California Environmental Protection Agency, the department, the regional boards, and the board shall expand their respective internet websites to allow access to information about brownfield sites and other response action sites through a single internet website portal.

§ 25395.118

Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.

The department may expend any grant received pursuant to Section 128 of the Small Business Liability Relief and Brownfield Revitalization Act (42 U.S.C. Sec. 9628), for state response programs, to implement Section 25395.117 to the extent the activities are in accordance with the terms and conditions of the grant.

§ 25395.119

Amended by Stats. 2012, Ch. 39, Sec. 76. (SB 1018) Effective June 27, 2012.

(a)Using existing resources or when funds become available, the Secretary for Environmental Protection shall designate a brownfields ombudsperson whose responsibilities shall include, but are not limited to, all of the following:

(1)Assisting in the coordination of the brownfields activities of each office, board, and department within

the California Environmental Protection Agency.

(2)Advocating and expanding the relationship between the California Environmental Protection Agency and local, state, and federal governmental entities’ efforts pertaining to brownfields.

(3)Serving as the California Environmental Protection Agency’s representative on committees, working groups, and other organizations pertaining to brownfields.

(4)Providing assistance in investigating complaints from the public, and helping to resolve and coordinate the resolution of those complaints relating to the brownfields activities of each office, board, and department within the California Environmental Protection Agency.

(5)Facilitating and advocating that the issue of environmental justice for communities

most impacted, including low-income and racial minority populations, is considered in brownfields activities of each office, board, and department within the California Environmental Protection Agency.

(b)The brownfield ombudsperson is not authorized to make or reverse a decision of an office, board, or department within the California Environmental Protection Agency.