Article 4 - Timing

California Health and Safety Code — §§ 79725-79745

Sections (5)

Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.

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.

(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.

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.

(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.

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