Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2822Introduced by Assembly Member Daly NazarianFebruary 18, 2022 An act to amend add Chapter 6.84 (commencing with Section 13979 25395.500) to Division 20 of the Government Health and Safety Code, relating to state government. brownfields.LEGISLATIVE COUNSEL'S DIGESTAB 2822, as amended, Daly Nazarian. Transportation Agency. The Contaminated Land and Water Cleanup Act of 2022: brownfields remediation: financing.Existing law authorizes the Department of Toxic Substances Control to undertake or oversee response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of a hazardous substance or a hazardous waste.This bill would require the department to create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities, as specified, to finance the remediation of, or to offset the cost of remediating, brownfield sites, as defined. The bill would require the department, on or before January 1, 2024, to adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for this financing.This bill would establish the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose of providing, upon appropriation by the Legislature, financing to eligible entities in accordance with the revolving loan program created by the department. The bill would require the California Infrastructure and Economic Development Bank, upon request of the department, to make recommendations, as provided, regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. The bill would require that loan repayments, fees, interest, and penalties be deposited in the fund for specified uses, upon appropriation by the Legislature, including for additional loans authorized under the program.Existing law establishes the Transportation Agency within state government under the supervision of the Secretary of Transportation. Existing law requires the secretary to develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in public interest matters related to the agency.This bill would make nonsubstantive changes to those provisions.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. Chapter 6.84 (commencing with Section 25395.500) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 6.84. The Contaminated Land and Water Cleanup Act of 202225395.500. This chapter shall be known, and may be cited, as the Contaminated Land and Water Cleanup Act of 2022.25395.501. The Legislature finds and declares all of the following:(a) Brownfield is the technical name for an underused or abandoned industrial or commercial property that is suspected, actually, or perceived to be environmentally contaminated. Brownfields can range from old factories and railyards to vacant warehouses, and from defunct gas stations, oil wells, and energy facilities to former dry cleaning establishments and landfills.(b) The United States Government Accountability Office has estimated that there are over 450,000 brownfield sites in the United States. And, according to the California Environmental Protection Agency, California is home to almost 90,000 of these sites. The number is likely much higher.(c) Throughout California, the need to address the brownfields challenge is growing. Over the last several decades, the states industrial manufacturing base and petroleum industry has declined and landfills have closed, and many urban and rural areas are now saddled with polluted, idle, or underutilized properties.(d) These brownfield sites can and should be cleaned up and placed to safe, productive, community-enhancing, and sustainable use. Safe, sustainable brownfields cleanup and reuse promotes, among other things, all of the following:(1) Environmental and ecological health.(2) Community revitalization.(3) Environmental justice goals.(4) Housing production and affordability.(5) Reduced sprawl and conservation of open spaces.(6) Creation of jobs.(7) Local and regional economic prosperity.(8) Increased tax base.(9) Reduced greenhouse gas emissions as compared to business as usual.(10) Creation of new public parklands and open space.(e) California has been a leader in safe, sustainable brownfields cleanup and community revitalization. California has a record of successfully transforming brownfield sites into a wide variety of uses, including, among others, housing developments, retail sites, office parks, community parks, and solar energy production centers.(f) The safe, sustainable revitalization of brownfields with community engagement is a key tool in achieving environmental justice goals. (g) Communities that lack access to safe, clean parks, open space, and trails, as well as affordable housing, are disproportionately impacted by the enduring and perceived conditions at or emanating from brownfield sites.(h) The safe, sustainable cleanup and reuse of brownfield sites for purposes such as parks and restored natural areas will advance Californias commitment to conserving 30 percent of its lands by 2030, also known as 30 X 30, especially in urban disadvantaged communities.25395.502. For purposes of this chapter, the following terms have the following meanings:(a) Bank means the California Infrastructure and Economic Development Bank.(b) Brownfield site means any of the following:(1) A high-reuse opportunity site for which no application to the department is required and that is authorized to receive funds for investigation, public engagement, and applicable sustainable cleanup, closure, and postclosure requirements.(2) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code.(3) A hazardous substance release site designated by the department pursuant to Section 25356.(4) (A) A landfill or other real property where the expansion, redevelopment, or reuse of the property is complicated by the presence or potential presence of hazardous materials.(B) For purposes of this paragraph, 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:(i) A hazardous substance, as defined in Section 25281 or 25316.(ii) A hazardous waste, as defined in Section 25117.(iii) A waste, as defined in Section 13050 of the Water Code.(c) Department means the Department of Toxic Substances Control.(d) Eligible entities includes all of the following:(1) A city, county, district, or agency, or any subdivision or combination thereof.(2) A nonprofit organization.(3) A private sector entity. (e) Fund means the Contaminated Land and Water Cleanup Revolving Loan Fund established pursuant to subdivision (a) of Section 25395.504.(f) Revolving loan program means the Contaminated Land and Water Cleanup Revolving Loan Program created by the department pursuant to Section 25395.503.25395.503. (a) The department shall create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities to finance the remediation of, or to offset the cost of remediating, brownfield sites.(b) On or before January 1, 2024, the department shall adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for, and be awarded, financing, including low-interest loans, for the purpose set forth in subdivision (a).25395.504. (a) There is hereby created in the State Treasury the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose set forth in subdivision (a) of Section 25395.503.(b) Upon request of the department, the bank shall make recommendations regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. Recommendations may include identifying available funds to make direct loans, or to capitalize trust funds for the purpose of guaranteeing loans made by a participating lender. Recommendations may also include a proposal for the issuance of revenue bonds by the bank, if feasible.(c) Upon appropriation by the Legislature for purposes of the revolving loan program, the department may provide, either as a sole lender or in participation or syndication with other lenders, low-interest loans from the fund to eligible entities in accordance with an agreement, or agreements, between the department and eligible entities. The department may cease providing loans when there are insufficient moneys in the fund to do so.(d) All moneys received for repayment of a loan, and any penalties, interest, and fees in connection with a loan, provided for purposes of the revolving loan program shall be deposited in the fund, for appropriation by the Legislature. Penalty moneys in the fund shall be available, upon appropriation by the Legislature, for additional loans authorized under this chapter.(e) The department may use moneys in the fund, upon appropriation by the Legislature for this purpose, for administrative costs incurred in implementing the revolving loan program.SECTION 1.Section 13979 of the Government Code is amended to read:13979.The secretary shall develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in public interest matters related to the agency. To accomplish this end, the secretary may hold public hearings, consult with and use the services and cooperation of other state agencies, employ staff and consultants, and appoint advisory and technical committees to assist in the work.
Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2822Introduced by Assembly Member Daly NazarianFebruary 18, 2022 An act to amend add Chapter 6.84 (commencing with Section 13979 25395.500) to Division 20 of the Government Health and Safety Code, relating to state government. brownfields.LEGISLATIVE COUNSEL'S DIGESTAB 2822, as amended, Daly Nazarian. Transportation Agency. The Contaminated Land and Water Cleanup Act of 2022: brownfields remediation: financing.Existing law authorizes the Department of Toxic Substances Control to undertake or oversee response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of a hazardous substance or a hazardous waste.This bill would require the department to create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities, as specified, to finance the remediation of, or to offset the cost of remediating, brownfield sites, as defined. The bill would require the department, on or before January 1, 2024, to adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for this financing.This bill would establish the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose of providing, upon appropriation by the Legislature, financing to eligible entities in accordance with the revolving loan program created by the department. The bill would require the California Infrastructure and Economic Development Bank, upon request of the department, to make recommendations, as provided, regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. The bill would require that loan repayments, fees, interest, and penalties be deposited in the fund for specified uses, upon appropriation by the Legislature, including for additional loans authorized under the program.Existing law establishes the Transportation Agency within state government under the supervision of the Secretary of Transportation. Existing law requires the secretary to develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in public interest matters related to the agency.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 24, 2022
Amended IN Assembly March 24, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2822
Introduced by Assembly Member Daly NazarianFebruary 18, 2022
Introduced by Assembly Member Daly Nazarian
February 18, 2022
An act to amend add Chapter 6.84 (commencing with Section 13979 25395.500) to Division 20 of the Government Health and Safety Code, relating to state government. brownfields.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2822, as amended, Daly Nazarian. Transportation Agency. The Contaminated Land and Water Cleanup Act of 2022: brownfields remediation: financing.
Existing law authorizes the Department of Toxic Substances Control to undertake or oversee response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of a hazardous substance or a hazardous waste.This bill would require the department to create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities, as specified, to finance the remediation of, or to offset the cost of remediating, brownfield sites, as defined. The bill would require the department, on or before January 1, 2024, to adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for this financing.This bill would establish the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose of providing, upon appropriation by the Legislature, financing to eligible entities in accordance with the revolving loan program created by the department. The bill would require the California Infrastructure and Economic Development Bank, upon request of the department, to make recommendations, as provided, regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. The bill would require that loan repayments, fees, interest, and penalties be deposited in the fund for specified uses, upon appropriation by the Legislature, including for additional loans authorized under the program.Existing law establishes the Transportation Agency within state government under the supervision of the Secretary of Transportation. Existing law requires the secretary to develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in public interest matters related to the agency.This bill would make nonsubstantive changes to those provisions.
Existing law authorizes the Department of Toxic Substances Control to undertake or oversee response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of a hazardous substance or a hazardous waste.
This bill would require the department to create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities, as specified, to finance the remediation of, or to offset the cost of remediating, brownfield sites, as defined. The bill would require the department, on or before January 1, 2024, to adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for this financing.
This bill would establish the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose of providing, upon appropriation by the Legislature, financing to eligible entities in accordance with the revolving loan program created by the department. The bill would require the California Infrastructure and Economic Development Bank, upon request of the department, to make recommendations, as provided, regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. The bill would require that loan repayments, fees, interest, and penalties be deposited in the fund for specified uses, upon appropriation by the Legislature, including for additional loans authorized under the program.
Existing law establishes the Transportation Agency within state government under the supervision of the Secretary of Transportation. Existing law requires the secretary to develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in public interest matters related to the agency.
This bill would make nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 6.84 (commencing with Section 25395.500) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 6.84. The Contaminated Land and Water Cleanup Act of 202225395.500. This chapter shall be known, and may be cited, as the Contaminated Land and Water Cleanup Act of 2022.25395.501. The Legislature finds and declares all of the following:(a) Brownfield is the technical name for an underused or abandoned industrial or commercial property that is suspected, actually, or perceived to be environmentally contaminated. Brownfields can range from old factories and railyards to vacant warehouses, and from defunct gas stations, oil wells, and energy facilities to former dry cleaning establishments and landfills.(b) The United States Government Accountability Office has estimated that there are over 450,000 brownfield sites in the United States. And, according to the California Environmental Protection Agency, California is home to almost 90,000 of these sites. The number is likely much higher.(c) Throughout California, the need to address the brownfields challenge is growing. Over the last several decades, the states industrial manufacturing base and petroleum industry has declined and landfills have closed, and many urban and rural areas are now saddled with polluted, idle, or underutilized properties.(d) These brownfield sites can and should be cleaned up and placed to safe, productive, community-enhancing, and sustainable use. Safe, sustainable brownfields cleanup and reuse promotes, among other things, all of the following:(1) Environmental and ecological health.(2) Community revitalization.(3) Environmental justice goals.(4) Housing production and affordability.(5) Reduced sprawl and conservation of open spaces.(6) Creation of jobs.(7) Local and regional economic prosperity.(8) Increased tax base.(9) Reduced greenhouse gas emissions as compared to business as usual.(10) Creation of new public parklands and open space.(e) California has been a leader in safe, sustainable brownfields cleanup and community revitalization. California has a record of successfully transforming brownfield sites into a wide variety of uses, including, among others, housing developments, retail sites, office parks, community parks, and solar energy production centers.(f) The safe, sustainable revitalization of brownfields with community engagement is a key tool in achieving environmental justice goals. (g) Communities that lack access to safe, clean parks, open space, and trails, as well as affordable housing, are disproportionately impacted by the enduring and perceived conditions at or emanating from brownfield sites.(h) The safe, sustainable cleanup and reuse of brownfield sites for purposes such as parks and restored natural areas will advance Californias commitment to conserving 30 percent of its lands by 2030, also known as 30 X 30, especially in urban disadvantaged communities.25395.502. For purposes of this chapter, the following terms have the following meanings:(a) Bank means the California Infrastructure and Economic Development Bank.(b) Brownfield site means any of the following:(1) A high-reuse opportunity site for which no application to the department is required and that is authorized to receive funds for investigation, public engagement, and applicable sustainable cleanup, closure, and postclosure requirements.(2) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code.(3) A hazardous substance release site designated by the department pursuant to Section 25356.(4) (A) A landfill or other real property where the expansion, redevelopment, or reuse of the property is complicated by the presence or potential presence of hazardous materials.(B) For purposes of this paragraph, 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:(i) A hazardous substance, as defined in Section 25281 or 25316.(ii) A hazardous waste, as defined in Section 25117.(iii) A waste, as defined in Section 13050 of the Water Code.(c) Department means the Department of Toxic Substances Control.(d) Eligible entities includes all of the following:(1) A city, county, district, or agency, or any subdivision or combination thereof.(2) A nonprofit organization.(3) A private sector entity. (e) Fund means the Contaminated Land and Water Cleanup Revolving Loan Fund established pursuant to subdivision (a) of Section 25395.504.(f) Revolving loan program means the Contaminated Land and Water Cleanup Revolving Loan Program created by the department pursuant to Section 25395.503.25395.503. (a) The department shall create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities to finance the remediation of, or to offset the cost of remediating, brownfield sites.(b) On or before January 1, 2024, the department shall adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for, and be awarded, financing, including low-interest loans, for the purpose set forth in subdivision (a).25395.504. (a) There is hereby created in the State Treasury the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose set forth in subdivision (a) of Section 25395.503.(b) Upon request of the department, the bank shall make recommendations regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. Recommendations may include identifying available funds to make direct loans, or to capitalize trust funds for the purpose of guaranteeing loans made by a participating lender. Recommendations may also include a proposal for the issuance of revenue bonds by the bank, if feasible.(c) Upon appropriation by the Legislature for purposes of the revolving loan program, the department may provide, either as a sole lender or in participation or syndication with other lenders, low-interest loans from the fund to eligible entities in accordance with an agreement, or agreements, between the department and eligible entities. The department may cease providing loans when there are insufficient moneys in the fund to do so.(d) All moneys received for repayment of a loan, and any penalties, interest, and fees in connection with a loan, provided for purposes of the revolving loan program shall be deposited in the fund, for appropriation by the Legislature. Penalty moneys in the fund shall be available, upon appropriation by the Legislature, for additional loans authorized under this chapter.(e) The department may use moneys in the fund, upon appropriation by the Legislature for this purpose, for administrative costs incurred in implementing the revolving loan program.SECTION 1.Section 13979 of the Government Code is amended to read:13979.The secretary shall develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in public interest matters related to the agency. To accomplish this end, the secretary may hold public hearings, consult with and use the services and cooperation of other state agencies, employ staff and consultants, and appoint advisory and technical committees to assist in the work.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 6.84 (commencing with Section 25395.500) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 6.84. The Contaminated Land and Water Cleanup Act of 202225395.500. This chapter shall be known, and may be cited, as the Contaminated Land and Water Cleanup Act of 2022.25395.501. The Legislature finds and declares all of the following:(a) Brownfield is the technical name for an underused or abandoned industrial or commercial property that is suspected, actually, or perceived to be environmentally contaminated. Brownfields can range from old factories and railyards to vacant warehouses, and from defunct gas stations, oil wells, and energy facilities to former dry cleaning establishments and landfills.(b) The United States Government Accountability Office has estimated that there are over 450,000 brownfield sites in the United States. And, according to the California Environmental Protection Agency, California is home to almost 90,000 of these sites. The number is likely much higher.(c) Throughout California, the need to address the brownfields challenge is growing. Over the last several decades, the states industrial manufacturing base and petroleum industry has declined and landfills have closed, and many urban and rural areas are now saddled with polluted, idle, or underutilized properties.(d) These brownfield sites can and should be cleaned up and placed to safe, productive, community-enhancing, and sustainable use. Safe, sustainable brownfields cleanup and reuse promotes, among other things, all of the following:(1) Environmental and ecological health.(2) Community revitalization.(3) Environmental justice goals.(4) Housing production and affordability.(5) Reduced sprawl and conservation of open spaces.(6) Creation of jobs.(7) Local and regional economic prosperity.(8) Increased tax base.(9) Reduced greenhouse gas emissions as compared to business as usual.(10) Creation of new public parklands and open space.(e) California has been a leader in safe, sustainable brownfields cleanup and community revitalization. California has a record of successfully transforming brownfield sites into a wide variety of uses, including, among others, housing developments, retail sites, office parks, community parks, and solar energy production centers.(f) The safe, sustainable revitalization of brownfields with community engagement is a key tool in achieving environmental justice goals. (g) Communities that lack access to safe, clean parks, open space, and trails, as well as affordable housing, are disproportionately impacted by the enduring and perceived conditions at or emanating from brownfield sites.(h) The safe, sustainable cleanup and reuse of brownfield sites for purposes such as parks and restored natural areas will advance Californias commitment to conserving 30 percent of its lands by 2030, also known as 30 X 30, especially in urban disadvantaged communities.25395.502. For purposes of this chapter, the following terms have the following meanings:(a) Bank means the California Infrastructure and Economic Development Bank.(b) Brownfield site means any of the following:(1) A high-reuse opportunity site for which no application to the department is required and that is authorized to receive funds for investigation, public engagement, and applicable sustainable cleanup, closure, and postclosure requirements.(2) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code.(3) A hazardous substance release site designated by the department pursuant to Section 25356.(4) (A) A landfill or other real property where the expansion, redevelopment, or reuse of the property is complicated by the presence or potential presence of hazardous materials.(B) For purposes of this paragraph, 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:(i) A hazardous substance, as defined in Section 25281 or 25316.(ii) A hazardous waste, as defined in Section 25117.(iii) A waste, as defined in Section 13050 of the Water Code.(c) Department means the Department of Toxic Substances Control.(d) Eligible entities includes all of the following:(1) A city, county, district, or agency, or any subdivision or combination thereof.(2) A nonprofit organization.(3) A private sector entity. (e) Fund means the Contaminated Land and Water Cleanup Revolving Loan Fund established pursuant to subdivision (a) of Section 25395.504.(f) Revolving loan program means the Contaminated Land and Water Cleanup Revolving Loan Program created by the department pursuant to Section 25395.503.25395.503. (a) The department shall create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities to finance the remediation of, or to offset the cost of remediating, brownfield sites.(b) On or before January 1, 2024, the department shall adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for, and be awarded, financing, including low-interest loans, for the purpose set forth in subdivision (a).25395.504. (a) There is hereby created in the State Treasury the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose set forth in subdivision (a) of Section 25395.503.(b) Upon request of the department, the bank shall make recommendations regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. Recommendations may include identifying available funds to make direct loans, or to capitalize trust funds for the purpose of guaranteeing loans made by a participating lender. Recommendations may also include a proposal for the issuance of revenue bonds by the bank, if feasible.(c) Upon appropriation by the Legislature for purposes of the revolving loan program, the department may provide, either as a sole lender or in participation or syndication with other lenders, low-interest loans from the fund to eligible entities in accordance with an agreement, or agreements, between the department and eligible entities. The department may cease providing loans when there are insufficient moneys in the fund to do so.(d) All moneys received for repayment of a loan, and any penalties, interest, and fees in connection with a loan, provided for purposes of the revolving loan program shall be deposited in the fund, for appropriation by the Legislature. Penalty moneys in the fund shall be available, upon appropriation by the Legislature, for additional loans authorized under this chapter.(e) The department may use moneys in the fund, upon appropriation by the Legislature for this purpose, for administrative costs incurred in implementing the revolving loan program.
SECTION 1. Chapter 6.84 (commencing with Section 25395.500) is added to Division 20 of the Health and Safety Code, to read:
### SECTION 1.
CHAPTER 6.84. The Contaminated Land and Water Cleanup Act of 202225395.500. This chapter shall be known, and may be cited, as the Contaminated Land and Water Cleanup Act of 2022.25395.501. The Legislature finds and declares all of the following:(a) Brownfield is the technical name for an underused or abandoned industrial or commercial property that is suspected, actually, or perceived to be environmentally contaminated. Brownfields can range from old factories and railyards to vacant warehouses, and from defunct gas stations, oil wells, and energy facilities to former dry cleaning establishments and landfills.(b) The United States Government Accountability Office has estimated that there are over 450,000 brownfield sites in the United States. And, according to the California Environmental Protection Agency, California is home to almost 90,000 of these sites. The number is likely much higher.(c) Throughout California, the need to address the brownfields challenge is growing. Over the last several decades, the states industrial manufacturing base and petroleum industry has declined and landfills have closed, and many urban and rural areas are now saddled with polluted, idle, or underutilized properties.(d) These brownfield sites can and should be cleaned up and placed to safe, productive, community-enhancing, and sustainable use. Safe, sustainable brownfields cleanup and reuse promotes, among other things, all of the following:(1) Environmental and ecological health.(2) Community revitalization.(3) Environmental justice goals.(4) Housing production and affordability.(5) Reduced sprawl and conservation of open spaces.(6) Creation of jobs.(7) Local and regional economic prosperity.(8) Increased tax base.(9) Reduced greenhouse gas emissions as compared to business as usual.(10) Creation of new public parklands and open space.(e) California has been a leader in safe, sustainable brownfields cleanup and community revitalization. California has a record of successfully transforming brownfield sites into a wide variety of uses, including, among others, housing developments, retail sites, office parks, community parks, and solar energy production centers.(f) The safe, sustainable revitalization of brownfields with community engagement is a key tool in achieving environmental justice goals. (g) Communities that lack access to safe, clean parks, open space, and trails, as well as affordable housing, are disproportionately impacted by the enduring and perceived conditions at or emanating from brownfield sites.(h) The safe, sustainable cleanup and reuse of brownfield sites for purposes such as parks and restored natural areas will advance Californias commitment to conserving 30 percent of its lands by 2030, also known as 30 X 30, especially in urban disadvantaged communities.25395.502. For purposes of this chapter, the following terms have the following meanings:(a) Bank means the California Infrastructure and Economic Development Bank.(b) Brownfield site means any of the following:(1) A high-reuse opportunity site for which no application to the department is required and that is authorized to receive funds for investigation, public engagement, and applicable sustainable cleanup, closure, and postclosure requirements.(2) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code.(3) A hazardous substance release site designated by the department pursuant to Section 25356.(4) (A) A landfill or other real property where the expansion, redevelopment, or reuse of the property is complicated by the presence or potential presence of hazardous materials.(B) For purposes of this paragraph, 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:(i) A hazardous substance, as defined in Section 25281 or 25316.(ii) A hazardous waste, as defined in Section 25117.(iii) A waste, as defined in Section 13050 of the Water Code.(c) Department means the Department of Toxic Substances Control.(d) Eligible entities includes all of the following:(1) A city, county, district, or agency, or any subdivision or combination thereof.(2) A nonprofit organization.(3) A private sector entity. (e) Fund means the Contaminated Land and Water Cleanup Revolving Loan Fund established pursuant to subdivision (a) of Section 25395.504.(f) Revolving loan program means the Contaminated Land and Water Cleanup Revolving Loan Program created by the department pursuant to Section 25395.503.25395.503. (a) The department shall create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities to finance the remediation of, or to offset the cost of remediating, brownfield sites.(b) On or before January 1, 2024, the department shall adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for, and be awarded, financing, including low-interest loans, for the purpose set forth in subdivision (a).25395.504. (a) There is hereby created in the State Treasury the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose set forth in subdivision (a) of Section 25395.503.(b) Upon request of the department, the bank shall make recommendations regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. Recommendations may include identifying available funds to make direct loans, or to capitalize trust funds for the purpose of guaranteeing loans made by a participating lender. Recommendations may also include a proposal for the issuance of revenue bonds by the bank, if feasible.(c) Upon appropriation by the Legislature for purposes of the revolving loan program, the department may provide, either as a sole lender or in participation or syndication with other lenders, low-interest loans from the fund to eligible entities in accordance with an agreement, or agreements, between the department and eligible entities. The department may cease providing loans when there are insufficient moneys in the fund to do so.(d) All moneys received for repayment of a loan, and any penalties, interest, and fees in connection with a loan, provided for purposes of the revolving loan program shall be deposited in the fund, for appropriation by the Legislature. Penalty moneys in the fund shall be available, upon appropriation by the Legislature, for additional loans authorized under this chapter.(e) The department may use moneys in the fund, upon appropriation by the Legislature for this purpose, for administrative costs incurred in implementing the revolving loan program.
CHAPTER 6.84. The Contaminated Land and Water Cleanup Act of 202225395.500. This chapter shall be known, and may be cited, as the Contaminated Land and Water Cleanup Act of 2022.25395.501. The Legislature finds and declares all of the following:(a) Brownfield is the technical name for an underused or abandoned industrial or commercial property that is suspected, actually, or perceived to be environmentally contaminated. Brownfields can range from old factories and railyards to vacant warehouses, and from defunct gas stations, oil wells, and energy facilities to former dry cleaning establishments and landfills.(b) The United States Government Accountability Office has estimated that there are over 450,000 brownfield sites in the United States. And, according to the California Environmental Protection Agency, California is home to almost 90,000 of these sites. The number is likely much higher.(c) Throughout California, the need to address the brownfields challenge is growing. Over the last several decades, the states industrial manufacturing base and petroleum industry has declined and landfills have closed, and many urban and rural areas are now saddled with polluted, idle, or underutilized properties.(d) These brownfield sites can and should be cleaned up and placed to safe, productive, community-enhancing, and sustainable use. Safe, sustainable brownfields cleanup and reuse promotes, among other things, all of the following:(1) Environmental and ecological health.(2) Community revitalization.(3) Environmental justice goals.(4) Housing production and affordability.(5) Reduced sprawl and conservation of open spaces.(6) Creation of jobs.(7) Local and regional economic prosperity.(8) Increased tax base.(9) Reduced greenhouse gas emissions as compared to business as usual.(10) Creation of new public parklands and open space.(e) California has been a leader in safe, sustainable brownfields cleanup and community revitalization. California has a record of successfully transforming brownfield sites into a wide variety of uses, including, among others, housing developments, retail sites, office parks, community parks, and solar energy production centers.(f) The safe, sustainable revitalization of brownfields with community engagement is a key tool in achieving environmental justice goals. (g) Communities that lack access to safe, clean parks, open space, and trails, as well as affordable housing, are disproportionately impacted by the enduring and perceived conditions at or emanating from brownfield sites.(h) The safe, sustainable cleanup and reuse of brownfield sites for purposes such as parks and restored natural areas will advance Californias commitment to conserving 30 percent of its lands by 2030, also known as 30 X 30, especially in urban disadvantaged communities.25395.502. For purposes of this chapter, the following terms have the following meanings:(a) Bank means the California Infrastructure and Economic Development Bank.(b) Brownfield site means any of the following:(1) A high-reuse opportunity site for which no application to the department is required and that is authorized to receive funds for investigation, public engagement, and applicable sustainable cleanup, closure, and postclosure requirements.(2) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code.(3) A hazardous substance release site designated by the department pursuant to Section 25356.(4) (A) A landfill or other real property where the expansion, redevelopment, or reuse of the property is complicated by the presence or potential presence of hazardous materials.(B) For purposes of this paragraph, 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:(i) A hazardous substance, as defined in Section 25281 or 25316.(ii) A hazardous waste, as defined in Section 25117.(iii) A waste, as defined in Section 13050 of the Water Code.(c) Department means the Department of Toxic Substances Control.(d) Eligible entities includes all of the following:(1) A city, county, district, or agency, or any subdivision or combination thereof.(2) A nonprofit organization.(3) A private sector entity. (e) Fund means the Contaminated Land and Water Cleanup Revolving Loan Fund established pursuant to subdivision (a) of Section 25395.504.(f) Revolving loan program means the Contaminated Land and Water Cleanup Revolving Loan Program created by the department pursuant to Section 25395.503.25395.503. (a) The department shall create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities to finance the remediation of, or to offset the cost of remediating, brownfield sites.(b) On or before January 1, 2024, the department shall adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for, and be awarded, financing, including low-interest loans, for the purpose set forth in subdivision (a).25395.504. (a) There is hereby created in the State Treasury the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose set forth in subdivision (a) of Section 25395.503.(b) Upon request of the department, the bank shall make recommendations regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. Recommendations may include identifying available funds to make direct loans, or to capitalize trust funds for the purpose of guaranteeing loans made by a participating lender. Recommendations may also include a proposal for the issuance of revenue bonds by the bank, if feasible.(c) Upon appropriation by the Legislature for purposes of the revolving loan program, the department may provide, either as a sole lender or in participation or syndication with other lenders, low-interest loans from the fund to eligible entities in accordance with an agreement, or agreements, between the department and eligible entities. The department may cease providing loans when there are insufficient moneys in the fund to do so.(d) All moneys received for repayment of a loan, and any penalties, interest, and fees in connection with a loan, provided for purposes of the revolving loan program shall be deposited in the fund, for appropriation by the Legislature. Penalty moneys in the fund shall be available, upon appropriation by the Legislature, for additional loans authorized under this chapter.(e) The department may use moneys in the fund, upon appropriation by the Legislature for this purpose, for administrative costs incurred in implementing the revolving loan program.
CHAPTER 6.84. The Contaminated Land and Water Cleanup Act of 2022
CHAPTER 6.84. The Contaminated Land and Water Cleanup Act of 2022
25395.500. This chapter shall be known, and may be cited, as the Contaminated Land and Water Cleanup Act of 2022.
25395.500. This chapter shall be known, and may be cited, as the Contaminated Land and Water Cleanup Act of 2022.
25395.501. The Legislature finds and declares all of the following:(a) Brownfield is the technical name for an underused or abandoned industrial or commercial property that is suspected, actually, or perceived to be environmentally contaminated. Brownfields can range from old factories and railyards to vacant warehouses, and from defunct gas stations, oil wells, and energy facilities to former dry cleaning establishments and landfills.(b) The United States Government Accountability Office has estimated that there are over 450,000 brownfield sites in the United States. And, according to the California Environmental Protection Agency, California is home to almost 90,000 of these sites. The number is likely much higher.(c) Throughout California, the need to address the brownfields challenge is growing. Over the last several decades, the states industrial manufacturing base and petroleum industry has declined and landfills have closed, and many urban and rural areas are now saddled with polluted, idle, or underutilized properties.(d) These brownfield sites can and should be cleaned up and placed to safe, productive, community-enhancing, and sustainable use. Safe, sustainable brownfields cleanup and reuse promotes, among other things, all of the following:(1) Environmental and ecological health.(2) Community revitalization.(3) Environmental justice goals.(4) Housing production and affordability.(5) Reduced sprawl and conservation of open spaces.(6) Creation of jobs.(7) Local and regional economic prosperity.(8) Increased tax base.(9) Reduced greenhouse gas emissions as compared to business as usual.(10) Creation of new public parklands and open space.(e) California has been a leader in safe, sustainable brownfields cleanup and community revitalization. California has a record of successfully transforming brownfield sites into a wide variety of uses, including, among others, housing developments, retail sites, office parks, community parks, and solar energy production centers.(f) The safe, sustainable revitalization of brownfields with community engagement is a key tool in achieving environmental justice goals. (g) Communities that lack access to safe, clean parks, open space, and trails, as well as affordable housing, are disproportionately impacted by the enduring and perceived conditions at or emanating from brownfield sites.(h) The safe, sustainable cleanup and reuse of brownfield sites for purposes such as parks and restored natural areas will advance Californias commitment to conserving 30 percent of its lands by 2030, also known as 30 X 30, especially in urban disadvantaged communities.
25395.501. The Legislature finds and declares all of the following:
(a) Brownfield is the technical name for an underused or abandoned industrial or commercial property that is suspected, actually, or perceived to be environmentally contaminated. Brownfields can range from old factories and railyards to vacant warehouses, and from defunct gas stations, oil wells, and energy facilities to former dry cleaning establishments and landfills.
(b) The United States Government Accountability Office has estimated that there are over 450,000 brownfield sites in the United States. And, according to the California Environmental Protection Agency, California is home to almost 90,000 of these sites. The number is likely much higher.
(c) Throughout California, the need to address the brownfields challenge is growing. Over the last several decades, the states industrial manufacturing base and petroleum industry has declined and landfills have closed, and many urban and rural areas are now saddled with polluted, idle, or underutilized properties.
(d) These brownfield sites can and should be cleaned up and placed to safe, productive, community-enhancing, and sustainable use. Safe, sustainable brownfields cleanup and reuse promotes, among other things, all of the following:
(1) Environmental and ecological health.
(2) Community revitalization.
(3) Environmental justice goals.
(4) Housing production and affordability.
(5) Reduced sprawl and conservation of open spaces.
(6) Creation of jobs.
(7) Local and regional economic prosperity.
(8) Increased tax base.
(9) Reduced greenhouse gas emissions as compared to business as usual.
(10) Creation of new public parklands and open space.
(e) California has been a leader in safe, sustainable brownfields cleanup and community revitalization. California has a record of successfully transforming brownfield sites into a wide variety of uses, including, among others, housing developments, retail sites, office parks, community parks, and solar energy production centers.
(f) The safe, sustainable revitalization of brownfields with community engagement is a key tool in achieving environmental justice goals.
(g) Communities that lack access to safe, clean parks, open space, and trails, as well as affordable housing, are disproportionately impacted by the enduring and perceived conditions at or emanating from brownfield sites.
(h) The safe, sustainable cleanup and reuse of brownfield sites for purposes such as parks and restored natural areas will advance Californias commitment to conserving 30 percent of its lands by 2030, also known as 30 X 30, especially in urban disadvantaged communities.
25395.502. For purposes of this chapter, the following terms have the following meanings:(a) Bank means the California Infrastructure and Economic Development Bank.(b) Brownfield site means any of the following:(1) A high-reuse opportunity site for which no application to the department is required and that is authorized to receive funds for investigation, public engagement, and applicable sustainable cleanup, closure, and postclosure requirements.(2) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code.(3) A hazardous substance release site designated by the department pursuant to Section 25356.(4) (A) A landfill or other real property where the expansion, redevelopment, or reuse of the property is complicated by the presence or potential presence of hazardous materials.(B) For purposes of this paragraph, 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:(i) A hazardous substance, as defined in Section 25281 or 25316.(ii) A hazardous waste, as defined in Section 25117.(iii) A waste, as defined in Section 13050 of the Water Code.(c) Department means the Department of Toxic Substances Control.(d) Eligible entities includes all of the following:(1) A city, county, district, or agency, or any subdivision or combination thereof.(2) A nonprofit organization.(3) A private sector entity. (e) Fund means the Contaminated Land and Water Cleanup Revolving Loan Fund established pursuant to subdivision (a) of Section 25395.504.(f) Revolving loan program means the Contaminated Land and Water Cleanup Revolving Loan Program created by the department pursuant to Section 25395.503.
25395.502. For purposes of this chapter, the following terms have the following meanings:
(a) Bank means the California Infrastructure and Economic Development Bank.
(b) Brownfield site means any of the following:
(1) A high-reuse opportunity site for which no application to the department is required and that is authorized to receive funds for investigation, public engagement, and applicable sustainable cleanup, closure, and postclosure requirements.
(2) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code.
(3) A hazardous substance release site designated by the department pursuant to Section 25356.
(4) (A) A landfill or other real property where the expansion, redevelopment, or reuse of the property is complicated by the presence or potential presence of hazardous materials.
(B) For purposes of this paragraph, 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:
(i) A hazardous substance, as defined in Section 25281 or 25316.
(ii) A hazardous waste, as defined in Section 25117.
(iii) A waste, as defined in Section 13050 of the Water Code.
(c) Department means the Department of Toxic Substances Control.
(d) Eligible entities includes all of the following:
(1) A city, county, district, or agency, or any subdivision or combination thereof.
(2) A nonprofit organization.
(3) A private sector entity.
(e) Fund means the Contaminated Land and Water Cleanup Revolving Loan Fund established pursuant to subdivision (a) of Section 25395.504.
(f) Revolving loan program means the Contaminated Land and Water Cleanup Revolving Loan Program created by the department pursuant to Section 25395.503.
25395.503. (a) The department shall create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities to finance the remediation of, or to offset the cost of remediating, brownfield sites.(b) On or before January 1, 2024, the department shall adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for, and be awarded, financing, including low-interest loans, for the purpose set forth in subdivision (a).
25395.503. (a) The department shall create the Contaminated Land and Water Cleanup Revolving Loan Program to provide financing, including low-interest loans, to eligible entities to finance the remediation of, or to offset the cost of remediating, brownfield sites.
(b) On or before January 1, 2024, the department shall adopt, and post on its internet website, criteria and guidelines for eligible entities to apply for, and be awarded, financing, including low-interest loans, for the purpose set forth in subdivision (a).
25395.504. (a) There is hereby created in the State Treasury the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose set forth in subdivision (a) of Section 25395.503.(b) Upon request of the department, the bank shall make recommendations regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. Recommendations may include identifying available funds to make direct loans, or to capitalize trust funds for the purpose of guaranteeing loans made by a participating lender. Recommendations may also include a proposal for the issuance of revenue bonds by the bank, if feasible.(c) Upon appropriation by the Legislature for purposes of the revolving loan program, the department may provide, either as a sole lender or in participation or syndication with other lenders, low-interest loans from the fund to eligible entities in accordance with an agreement, or agreements, between the department and eligible entities. The department may cease providing loans when there are insufficient moneys in the fund to do so.(d) All moneys received for repayment of a loan, and any penalties, interest, and fees in connection with a loan, provided for purposes of the revolving loan program shall be deposited in the fund, for appropriation by the Legislature. Penalty moneys in the fund shall be available, upon appropriation by the Legislature, for additional loans authorized under this chapter.(e) The department may use moneys in the fund, upon appropriation by the Legislature for this purpose, for administrative costs incurred in implementing the revolving loan program.
25395.504. (a) There is hereby created in the State Treasury the Contaminated Land and Water Cleanup Revolving Loan Fund, to be administered by the department, for the purpose set forth in subdivision (a) of Section 25395.503.
(b) Upon request of the department, the bank shall make recommendations regarding the specific financing mechanisms and risk mitigation measures necessary and appropriate for the successful administration of the fund. Recommendations may include identifying available funds to make direct loans, or to capitalize trust funds for the purpose of guaranteeing loans made by a participating lender. Recommendations may also include a proposal for the issuance of revenue bonds by the bank, if feasible.
(c) Upon appropriation by the Legislature for purposes of the revolving loan program, the department may provide, either as a sole lender or in participation or syndication with other lenders, low-interest loans from the fund to eligible entities in accordance with an agreement, or agreements, between the department and eligible entities. The department may cease providing loans when there are insufficient moneys in the fund to do so.
(d) All moneys received for repayment of a loan, and any penalties, interest, and fees in connection with a loan, provided for purposes of the revolving loan program shall be deposited in the fund, for appropriation by the Legislature. Penalty moneys in the fund shall be available, upon appropriation by the Legislature, for additional loans authorized under this chapter.
(e) The department may use moneys in the fund, upon appropriation by the Legislature for this purpose, for administrative costs incurred in implementing the revolving loan program.
The secretary shall develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in public interest matters related to the agency. To accomplish this end, the secretary may hold public hearings, consult with and use the services and cooperation of other state agencies, employ staff and consultants, and appoint advisory and technical committees to assist in the work.