Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2803Introduced by Assembly Member LimnFebruary 16, 2018An act to amend Section 25531.1 of the Health and Safety Code, relating to hazardous materials. An act to amend Sections 25316 and 25323.5 of the Health and Safety Code, relating to hazardous materials.LEGISLATIVE COUNSEL'S DIGESTAB 2803, as amended, Limn. Hazardous materials: accident risks. Carpenter-Presley-Tanner Hazardous Substance Account Act.Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substances removal or remedial actions and requires the Attorney General to recover from the liable person, as defined, certain costs incurred by the Department of Toxic Substances Control or a California regional water quality control board, upon the request of the department or regional board. The act authorizes a party found liable for any costs or expenditures recoverable under the act for those actions to establish, as specified, that only a portion of those costs or expenditures are attributable to the party, and requires the party to pay only for that portion. If each party does not establish its liability, the act requires a court to apportion those costs or expenditures, as specified, among the defendants, and the remaining portion of the judgment is required to be paid from the Toxic Substances Control Account. Existing law authorizes the money deposited in the Toxic Substances Control Account in the General Fund to be appropriated to the Department of Toxic Substances Control for specified purposes, including the payment of the costs incurred by the state for those actions.This bill would define hazardous substance for purposes of the act to include lead-based paint that is bioavailable. The bill would, for a residential property contaminated with lead-based paint that is bioavailable, exclude from the definition of responsible party or liable person owners and former owners of the property for purposes of the act.Existing law provides that the Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, as provided, and a right to participate in decisions about risk reduction options and measures to be taken to reduce the risk or severity of acutely hazardous materials accidents.This bill would make nonsubstantive changes to those findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25316 of the Health and Safety Code is amended to read:25316. Hazardous substance means:(a) Any A substance designated pursuant to Section 1321 (b)(2)(A) of Title 33 of the United States Code.(b) Any An element, compound, mixture, solution, or substance designated pursuant to Section 102 of the federal act (42 U.S.C. Sec. 9602).(c) Any A hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which under the Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.) has been suspended by act of Congress.(d) Any A toxic pollutant listed under Section 1317 (a) of Title 33 of the United States Code.(e) Any A hazardous air pollutant listed under Section 7412 of Title 42 of the United States Code.(f) Any An imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to Section 2606 of Title 15 of the United States Code.(g) Any A hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded.(h) Lead-based paint that is bioavailable.SEC. 2. Section 25323.5 of the Health and Safety Code is amended to read:25323.5. (a) (1) Responsible party or liable person, for the purposes of this chapter, means those persons described in Section 107(a) of the federal act (42 U.S.C. Sec. 9607(a)).(2) (A) Notwithstanding paragraph (1), but except as provided in subparagraph (B), a person is not a responsible party or liable person, for purposes of this chapter, for the reason that the person has developed or implemented innovative investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the department for the release site and the person would not otherwise be a responsible party or liable person. Upon approval of the use of the technology, the director shall acknowledge, in writing, that, upon proper completion of the innovative investigative or innovative remedial action at the release site, the immunity provided by this subparagraph shall apply to the person.(B) Subparagraph (A) does not apply in any of the following cases:(i) Conditions at the release site have deteriorated as a result of the negligence of the person who developed or implemented the innovative investigative or innovative remedial technology.(ii) The person who developed or implemented the innovative investigative or innovative remedial technology withheld or misrepresented information that was relevant to the potential risks or harms of the technology.(iii) The person who implemented the innovative investigative or innovative remedial technology did not follow the implementation process approved by the department.(3) Notwithstanding paragraph (1), for a residential property contaminated with lead-based paint that is bioavailable, a person who owned or owns the property is not a responsible party or liable person for purposes of this chapter.(b) For the purposes of this chapter, the defenses available to a responsible party or liable person shall be those defenses specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)).(c) Any person who unknowingly transports hazardous waste to a solid waste facility pursuant to the exemption provided in subdivision (e) of Section 25163 shall not be considered a responsible party for purposes of this chapter solely because of the act of transporting the waste. Nothing in this subdivision shall This subdivision does not affect the liability of this person for his or her negligent acts.SECTION 1.Section 25531.1 of the Health and Safety Code is amended to read:25531.1.(a)The Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, and that this right includes full and timely access to hazard assessment information, including offsite consequence analysis for the most likely hazards, that identifies the offsite area that may be required to take protective action in the event of an acutely hazardous materials release.(b)The Legislature further finds and declares that the public has a right to participate in decisions about risk reduction options and measures to be taken to reduce the risk or severity of acutely hazardous materials accidents.
Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2803Introduced by Assembly Member LimnFebruary 16, 2018An act to amend Section 25531.1 of the Health and Safety Code, relating to hazardous materials. An act to amend Sections 25316 and 25323.5 of the Health and Safety Code, relating to hazardous materials.LEGISLATIVE COUNSEL'S DIGESTAB 2803, as amended, Limn. Hazardous materials: accident risks. Carpenter-Presley-Tanner Hazardous Substance Account Act.Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substances removal or remedial actions and requires the Attorney General to recover from the liable person, as defined, certain costs incurred by the Department of Toxic Substances Control or a California regional water quality control board, upon the request of the department or regional board. The act authorizes a party found liable for any costs or expenditures recoverable under the act for those actions to establish, as specified, that only a portion of those costs or expenditures are attributable to the party, and requires the party to pay only for that portion. If each party does not establish its liability, the act requires a court to apportion those costs or expenditures, as specified, among the defendants, and the remaining portion of the judgment is required to be paid from the Toxic Substances Control Account. Existing law authorizes the money deposited in the Toxic Substances Control Account in the General Fund to be appropriated to the Department of Toxic Substances Control for specified purposes, including the payment of the costs incurred by the state for those actions.This bill would define hazardous substance for purposes of the act to include lead-based paint that is bioavailable. The bill would, for a residential property contaminated with lead-based paint that is bioavailable, exclude from the definition of responsible party or liable person owners and former owners of the property for purposes of the act.Existing law provides that the Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, as provided, and a right to participate in decisions about risk reduction options and measures to be taken to reduce the risk or severity of acutely hazardous materials accidents.This bill would make nonsubstantive changes to those findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 23, 2018
Amended IN Assembly March 23, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2803
Introduced by Assembly Member LimnFebruary 16, 2018
Introduced by Assembly Member Limn
February 16, 2018
An act to amend Section 25531.1 of the Health and Safety Code, relating to hazardous materials. An act to amend Sections 25316 and 25323.5 of the Health and Safety Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2803, as amended, Limn. Hazardous materials: accident risks. Carpenter-Presley-Tanner Hazardous Substance Account Act.
Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substances removal or remedial actions and requires the Attorney General to recover from the liable person, as defined, certain costs incurred by the Department of Toxic Substances Control or a California regional water quality control board, upon the request of the department or regional board. The act authorizes a party found liable for any costs or expenditures recoverable under the act for those actions to establish, as specified, that only a portion of those costs or expenditures are attributable to the party, and requires the party to pay only for that portion. If each party does not establish its liability, the act requires a court to apportion those costs or expenditures, as specified, among the defendants, and the remaining portion of the judgment is required to be paid from the Toxic Substances Control Account. Existing law authorizes the money deposited in the Toxic Substances Control Account in the General Fund to be appropriated to the Department of Toxic Substances Control for specified purposes, including the payment of the costs incurred by the state for those actions.This bill would define hazardous substance for purposes of the act to include lead-based paint that is bioavailable. The bill would, for a residential property contaminated with lead-based paint that is bioavailable, exclude from the definition of responsible party or liable person owners and former owners of the property for purposes of the act.Existing law provides that the Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, as provided, and a right to participate in decisions about risk reduction options and measures to be taken to reduce the risk or severity of acutely hazardous materials accidents.This bill would make nonsubstantive changes to those findings and declarations.
Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substances removal or remedial actions and requires the Attorney General to recover from the liable person, as defined, certain costs incurred by the Department of Toxic Substances Control or a California regional water quality control board, upon the request of the department or regional board. The act authorizes a party found liable for any costs or expenditures recoverable under the act for those actions to establish, as specified, that only a portion of those costs or expenditures are attributable to the party, and requires the party to pay only for that portion. If each party does not establish its liability, the act requires a court to apportion those costs or expenditures, as specified, among the defendants, and the remaining portion of the judgment is required to be paid from the Toxic Substances Control Account. Existing law authorizes the money deposited in the Toxic Substances Control Account in the General Fund to be appropriated to the Department of Toxic Substances Control for specified purposes, including the payment of the costs incurred by the state for those actions.
This bill would define hazardous substance for purposes of the act to include lead-based paint that is bioavailable. The bill would, for a residential property contaminated with lead-based paint that is bioavailable, exclude from the definition of responsible party or liable person owners and former owners of the property for purposes of the act.
Existing law provides that the Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, as provided, and a right to participate in decisions about risk reduction options and measures to be taken to reduce the risk or severity of acutely hazardous materials accidents.
This bill would make nonsubstantive changes to those findings and declarations.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 25316 of the Health and Safety Code is amended to read:25316. Hazardous substance means:(a) Any A substance designated pursuant to Section 1321 (b)(2)(A) of Title 33 of the United States Code.(b) Any An element, compound, mixture, solution, or substance designated pursuant to Section 102 of the federal act (42 U.S.C. Sec. 9602).(c) Any A hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which under the Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.) has been suspended by act of Congress.(d) Any A toxic pollutant listed under Section 1317 (a) of Title 33 of the United States Code.(e) Any A hazardous air pollutant listed under Section 7412 of Title 42 of the United States Code.(f) Any An imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to Section 2606 of Title 15 of the United States Code.(g) Any A hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded.(h) Lead-based paint that is bioavailable.SEC. 2. Section 25323.5 of the Health and Safety Code is amended to read:25323.5. (a) (1) Responsible party or liable person, for the purposes of this chapter, means those persons described in Section 107(a) of the federal act (42 U.S.C. Sec. 9607(a)).(2) (A) Notwithstanding paragraph (1), but except as provided in subparagraph (B), a person is not a responsible party or liable person, for purposes of this chapter, for the reason that the person has developed or implemented innovative investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the department for the release site and the person would not otherwise be a responsible party or liable person. Upon approval of the use of the technology, the director shall acknowledge, in writing, that, upon proper completion of the innovative investigative or innovative remedial action at the release site, the immunity provided by this subparagraph shall apply to the person.(B) Subparagraph (A) does not apply in any of the following cases:(i) Conditions at the release site have deteriorated as a result of the negligence of the person who developed or implemented the innovative investigative or innovative remedial technology.(ii) The person who developed or implemented the innovative investigative or innovative remedial technology withheld or misrepresented information that was relevant to the potential risks or harms of the technology.(iii) The person who implemented the innovative investigative or innovative remedial technology did not follow the implementation process approved by the department.(3) Notwithstanding paragraph (1), for a residential property contaminated with lead-based paint that is bioavailable, a person who owned or owns the property is not a responsible party or liable person for purposes of this chapter.(b) For the purposes of this chapter, the defenses available to a responsible party or liable person shall be those defenses specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)).(c) Any person who unknowingly transports hazardous waste to a solid waste facility pursuant to the exemption provided in subdivision (e) of Section 25163 shall not be considered a responsible party for purposes of this chapter solely because of the act of transporting the waste. Nothing in this subdivision shall This subdivision does not affect the liability of this person for his or her negligent acts.SECTION 1.Section 25531.1 of the Health and Safety Code is amended to read:25531.1.(a)The Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, and that this right includes full and timely access to hazard assessment information, including offsite consequence analysis for the most likely hazards, that identifies the offsite area that may be required to take protective action in the event of an acutely hazardous materials release.(b)The Legislature further finds and declares that the public has a right to participate in decisions about risk reduction options and measures to be taken to reduce the risk or severity of acutely hazardous materials accidents.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 25316 of the Health and Safety Code is amended to read:25316. Hazardous substance means:(a) Any A substance designated pursuant to Section 1321 (b)(2)(A) of Title 33 of the United States Code.(b) Any An element, compound, mixture, solution, or substance designated pursuant to Section 102 of the federal act (42 U.S.C. Sec. 9602).(c) Any A hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which under the Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.) has been suspended by act of Congress.(d) Any A toxic pollutant listed under Section 1317 (a) of Title 33 of the United States Code.(e) Any A hazardous air pollutant listed under Section 7412 of Title 42 of the United States Code.(f) Any An imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to Section 2606 of Title 15 of the United States Code.(g) Any A hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded.(h) Lead-based paint that is bioavailable.
SECTION 1. Section 25316 of the Health and Safety Code is amended to read:
### SECTION 1.
25316. Hazardous substance means:(a) Any A substance designated pursuant to Section 1321 (b)(2)(A) of Title 33 of the United States Code.(b) Any An element, compound, mixture, solution, or substance designated pursuant to Section 102 of the federal act (42 U.S.C. Sec. 9602).(c) Any A hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which under the Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.) has been suspended by act of Congress.(d) Any A toxic pollutant listed under Section 1317 (a) of Title 33 of the United States Code.(e) Any A hazardous air pollutant listed under Section 7412 of Title 42 of the United States Code.(f) Any An imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to Section 2606 of Title 15 of the United States Code.(g) Any A hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded.(h) Lead-based paint that is bioavailable.
25316. Hazardous substance means:(a) Any A substance designated pursuant to Section 1321 (b)(2)(A) of Title 33 of the United States Code.(b) Any An element, compound, mixture, solution, or substance designated pursuant to Section 102 of the federal act (42 U.S.C. Sec. 9602).(c) Any A hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which under the Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.) has been suspended by act of Congress.(d) Any A toxic pollutant listed under Section 1317 (a) of Title 33 of the United States Code.(e) Any A hazardous air pollutant listed under Section 7412 of Title 42 of the United States Code.(f) Any An imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to Section 2606 of Title 15 of the United States Code.(g) Any A hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded.(h) Lead-based paint that is bioavailable.
25316. Hazardous substance means:(a) Any A substance designated pursuant to Section 1321 (b)(2)(A) of Title 33 of the United States Code.(b) Any An element, compound, mixture, solution, or substance designated pursuant to Section 102 of the federal act (42 U.S.C. Sec. 9602).(c) Any A hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which under the Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.) has been suspended by act of Congress.(d) Any A toxic pollutant listed under Section 1317 (a) of Title 33 of the United States Code.(e) Any A hazardous air pollutant listed under Section 7412 of Title 42 of the United States Code.(f) Any An imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to Section 2606 of Title 15 of the United States Code.(g) Any A hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded.(h) Lead-based paint that is bioavailable.
25316. Hazardous substance means:
(a) Any A substance designated pursuant to Section 1321 (b)(2)(A) of Title 33 of the United States Code.
(b) Any An element, compound, mixture, solution, or substance designated pursuant to Section 102 of the federal act (42 U.S.C. Sec. 9602).
(c) Any A hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which under the Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.) has been suspended by act of Congress.
(d) Any A toxic pollutant listed under Section 1317 (a) of Title 33 of the United States Code.
(e) Any A hazardous air pollutant listed under Section 7412 of Title 42 of the United States Code.
(f) Any An imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to Section 2606 of Title 15 of the United States Code.
(g) Any A hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded.
(h) Lead-based paint that is bioavailable.
SEC. 2. Section 25323.5 of the Health and Safety Code is amended to read:25323.5. (a) (1) Responsible party or liable person, for the purposes of this chapter, means those persons described in Section 107(a) of the federal act (42 U.S.C. Sec. 9607(a)).(2) (A) Notwithstanding paragraph (1), but except as provided in subparagraph (B), a person is not a responsible party or liable person, for purposes of this chapter, for the reason that the person has developed or implemented innovative investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the department for the release site and the person would not otherwise be a responsible party or liable person. Upon approval of the use of the technology, the director shall acknowledge, in writing, that, upon proper completion of the innovative investigative or innovative remedial action at the release site, the immunity provided by this subparagraph shall apply to the person.(B) Subparagraph (A) does not apply in any of the following cases:(i) Conditions at the release site have deteriorated as a result of the negligence of the person who developed or implemented the innovative investigative or innovative remedial technology.(ii) The person who developed or implemented the innovative investigative or innovative remedial technology withheld or misrepresented information that was relevant to the potential risks or harms of the technology.(iii) The person who implemented the innovative investigative or innovative remedial technology did not follow the implementation process approved by the department.(3) Notwithstanding paragraph (1), for a residential property contaminated with lead-based paint that is bioavailable, a person who owned or owns the property is not a responsible party or liable person for purposes of this chapter.(b) For the purposes of this chapter, the defenses available to a responsible party or liable person shall be those defenses specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)).(c) Any person who unknowingly transports hazardous waste to a solid waste facility pursuant to the exemption provided in subdivision (e) of Section 25163 shall not be considered a responsible party for purposes of this chapter solely because of the act of transporting the waste. Nothing in this subdivision shall This subdivision does not affect the liability of this person for his or her negligent acts.
SEC. 2. Section 25323.5 of the Health and Safety Code is amended to read:
### SEC. 2.
25323.5. (a) (1) Responsible party or liable person, for the purposes of this chapter, means those persons described in Section 107(a) of the federal act (42 U.S.C. Sec. 9607(a)).(2) (A) Notwithstanding paragraph (1), but except as provided in subparagraph (B), a person is not a responsible party or liable person, for purposes of this chapter, for the reason that the person has developed or implemented innovative investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the department for the release site and the person would not otherwise be a responsible party or liable person. Upon approval of the use of the technology, the director shall acknowledge, in writing, that, upon proper completion of the innovative investigative or innovative remedial action at the release site, the immunity provided by this subparagraph shall apply to the person.(B) Subparagraph (A) does not apply in any of the following cases:(i) Conditions at the release site have deteriorated as a result of the negligence of the person who developed or implemented the innovative investigative or innovative remedial technology.(ii) The person who developed or implemented the innovative investigative or innovative remedial technology withheld or misrepresented information that was relevant to the potential risks or harms of the technology.(iii) The person who implemented the innovative investigative or innovative remedial technology did not follow the implementation process approved by the department.(3) Notwithstanding paragraph (1), for a residential property contaminated with lead-based paint that is bioavailable, a person who owned or owns the property is not a responsible party or liable person for purposes of this chapter.(b) For the purposes of this chapter, the defenses available to a responsible party or liable person shall be those defenses specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)).(c) Any person who unknowingly transports hazardous waste to a solid waste facility pursuant to the exemption provided in subdivision (e) of Section 25163 shall not be considered a responsible party for purposes of this chapter solely because of the act of transporting the waste. Nothing in this subdivision shall This subdivision does not affect the liability of this person for his or her negligent acts.
25323.5. (a) (1) Responsible party or liable person, for the purposes of this chapter, means those persons described in Section 107(a) of the federal act (42 U.S.C. Sec. 9607(a)).(2) (A) Notwithstanding paragraph (1), but except as provided in subparagraph (B), a person is not a responsible party or liable person, for purposes of this chapter, for the reason that the person has developed or implemented innovative investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the department for the release site and the person would not otherwise be a responsible party or liable person. Upon approval of the use of the technology, the director shall acknowledge, in writing, that, upon proper completion of the innovative investigative or innovative remedial action at the release site, the immunity provided by this subparagraph shall apply to the person.(B) Subparagraph (A) does not apply in any of the following cases:(i) Conditions at the release site have deteriorated as a result of the negligence of the person who developed or implemented the innovative investigative or innovative remedial technology.(ii) The person who developed or implemented the innovative investigative or innovative remedial technology withheld or misrepresented information that was relevant to the potential risks or harms of the technology.(iii) The person who implemented the innovative investigative or innovative remedial technology did not follow the implementation process approved by the department.(3) Notwithstanding paragraph (1), for a residential property contaminated with lead-based paint that is bioavailable, a person who owned or owns the property is not a responsible party or liable person for purposes of this chapter.(b) For the purposes of this chapter, the defenses available to a responsible party or liable person shall be those defenses specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)).(c) Any person who unknowingly transports hazardous waste to a solid waste facility pursuant to the exemption provided in subdivision (e) of Section 25163 shall not be considered a responsible party for purposes of this chapter solely because of the act of transporting the waste. Nothing in this subdivision shall This subdivision does not affect the liability of this person for his or her negligent acts.
25323.5. (a) (1) Responsible party or liable person, for the purposes of this chapter, means those persons described in Section 107(a) of the federal act (42 U.S.C. Sec. 9607(a)).(2) (A) Notwithstanding paragraph (1), but except as provided in subparagraph (B), a person is not a responsible party or liable person, for purposes of this chapter, for the reason that the person has developed or implemented innovative investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the department for the release site and the person would not otherwise be a responsible party or liable person. Upon approval of the use of the technology, the director shall acknowledge, in writing, that, upon proper completion of the innovative investigative or innovative remedial action at the release site, the immunity provided by this subparagraph shall apply to the person.(B) Subparagraph (A) does not apply in any of the following cases:(i) Conditions at the release site have deteriorated as a result of the negligence of the person who developed or implemented the innovative investigative or innovative remedial technology.(ii) The person who developed or implemented the innovative investigative or innovative remedial technology withheld or misrepresented information that was relevant to the potential risks or harms of the technology.(iii) The person who implemented the innovative investigative or innovative remedial technology did not follow the implementation process approved by the department.(3) Notwithstanding paragraph (1), for a residential property contaminated with lead-based paint that is bioavailable, a person who owned or owns the property is not a responsible party or liable person for purposes of this chapter.(b) For the purposes of this chapter, the defenses available to a responsible party or liable person shall be those defenses specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)).(c) Any person who unknowingly transports hazardous waste to a solid waste facility pursuant to the exemption provided in subdivision (e) of Section 25163 shall not be considered a responsible party for purposes of this chapter solely because of the act of transporting the waste. Nothing in this subdivision shall This subdivision does not affect the liability of this person for his or her negligent acts.
25323.5. (a) (1) Responsible party or liable person, for the purposes of this chapter, means those persons described in Section 107(a) of the federal act (42 U.S.C. Sec. 9607(a)).
(2) (A) Notwithstanding paragraph (1), but except as provided in subparagraph (B), a person is not a responsible party or liable person, for purposes of this chapter, for the reason that the person has developed or implemented innovative investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the department for the release site and the person would not otherwise be a responsible party or liable person. Upon approval of the use of the technology, the director shall acknowledge, in writing, that, upon proper completion of the innovative investigative or innovative remedial action at the release site, the immunity provided by this subparagraph shall apply to the person.
(B) Subparagraph (A) does not apply in any of the following cases:
(i) Conditions at the release site have deteriorated as a result of the negligence of the person who developed or implemented the innovative investigative or innovative remedial technology.
(ii) The person who developed or implemented the innovative investigative or innovative remedial technology withheld or misrepresented information that was relevant to the potential risks or harms of the technology.
(iii) The person who implemented the innovative investigative or innovative remedial technology did not follow the implementation process approved by the department.
(3) Notwithstanding paragraph (1), for a residential property contaminated with lead-based paint that is bioavailable, a person who owned or owns the property is not a responsible party or liable person for purposes of this chapter.
(b) For the purposes of this chapter, the defenses available to a responsible party or liable person shall be those defenses specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)).
(c) Any person who unknowingly transports hazardous waste to a solid waste facility pursuant to the exemption provided in subdivision (e) of Section 25163 shall not be considered a responsible party for purposes of this chapter solely because of the act of transporting the waste. Nothing in this subdivision shall This subdivision does not affect the liability of this person for his or her negligent acts.
(a)The Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, and that this right includes full and timely access to hazard assessment information, including offsite consequence analysis for the most likely hazards, that identifies the offsite area that may be required to take protective action in the event of an acutely hazardous materials release.
(b)The Legislature further finds and declares that the public has a right to participate in decisions about risk reduction options and measures to be taken to reduce the risk or severity of acutely hazardous materials accidents.