SECTIONS 25395.115-25395.119

25395.115.  The definitions set forth in this section govern theinterpretation of this article. (a) "Agency" means the department, the board, or a regional board. (b) "Board" means the State Water Resources Control Board. (c) (1) "Bona fide purchaser" means a person, or a tenant of aperson, who acquires ownership of a site on or after January 1, 2005,and who establishes all of the following by a preponderance of theevidence: (A) All releases of the hazardous materials at issue at the siteoccurred before the person acquired the site, except as described insubparagraph (B). (B) All of the conditions of Section 25395.80 to qualify as a bonafide purchaser have been met. (C) The person is not potentially liable, or affiliated with anyother person who is potentially liable, for the release or threatenedrelease at the site through any of the following circumstances: (i) Any direct or indirect familial relationship. (ii) Any contractual, corporate, or financial relationship, unlessthe contractual, corporate, or financial relationship is created bythe instrument by which title or possession to the site is conveyedor financed or a contract for the sale of goods or services. (iii) The result of a reorganization of a business entity that waspotentially liable for the release or threatened release ofhazardous materials at the site. (2) For purposes of this section, "release" does not includepassive migration. (d) "Department" means the Department of Toxic Substances Control. (e) "Regional board" means a California regional water qualitycontrol board.25395.116.  (a) To facilitate the decision of a bona fide purchaserto apply for a bona fide purchaser agreement, the bona fide purchasermay first enter into a consultative services agreement with thedepartment pursuant to Section 25201.9 or with an agency. (b) Under the terms of a consultative services agreement enteredinto in accordance with this section, an agency may review anyenvironmental data and development plans that may be submitted by abona fide purchaser. (c) The consultative services agreement shall include all of thefollowing: (1) Require the bona fide purchaser to pay for the agency'sservices. (2) Not commit the bona fide purchaser to purchase, remediate, orotherwise act with regard to the site. (3) Provide for a review and meeting to discuss the environmentaldata and development plans within 30 days of submission. (d) Upon review of the data and plans specified in paragraph (3)of subdivision (c), the agency shall provide comments to the bonafide purchaser of what further information might be needed toascertain what response action, if any, will be necessary. The agencyshall also provide comments to the bona fide purchaser on anyproposed response actions that may be necessary and an estimate ofthe time it may take to negotiate and approve a bona fide purchaseragreement. (e) An agency shall enter into a consultative services agreement,in accordance with this section, subject to available staff andresources, as determined by the agency. If the agency declines toenter into a consultative services agreement, the agency shallprovide specific reasons for its decision to the bona fide purchaserrequesting the agreement.25395.117.  (a) On or before January 1, 2006, the agency and theCalifornia Environmental Protection Agency shall implement therequirements imposed by this section. (b) The department shall revise and upgrade the department'sdatabase systems, including the list of hazardous substances releasesites adopted pursuant to Section 25356 and the information sent tothe agency pursuant to Section 65962.5 of the Government Code, toenable compatibility with existing databases of the board, includingthe GIS mapping system established pursuant to Section 25299.97. Thedepartment shall also install improvements to the database systems tomaintain and display information that includes the number ofbrownfield sites, each brownfield site's location, acreage, responseaction, site assessments, and the number of orphan sites where thedepartment is overseeing the response action. (c) The California Environmental Protection Agency, thedepartment, the regional boards, and the board shall expand theirrespective Web sites to allow access to information about brownfieldsites and other response action sites through a single Web siteportal.25395.118.  The department may expend any grant received pursuant toSection 128 of the Small Business Liability Relief and BrownfieldRevitalization Act (42 U.S.C. Sec. 9628), for state responseprograms, to implement Section 25395.117 to the extent the activitiesare in accordance with the terms and conditions of the grant.25395.119.  (a) Using existing resources or when funds becomeavailable, the Secretary for Environmental Protection shall designatea brownfields ombudsperson whose responsibilities shall include, butare not limited to, all of the following: (1) Assisting in the coordination of the brownfields activities ofeach office, board, and department within the CaliforniaEnvironmental Protection Agency. (2) Advocating and expanding the relationship between theCalifornia Environmental Protection Agency and local, state, andfederal governmental entities' efforts pertaining to brownfields. (3) Serving as the California Environmental Protection Agency'srepresentative on committees, working groups, and other organizationspertaining to brownfields. (4) Providing assistance in investigating complaints from thepublic, and helping to resolve and coordinate the resolution of thosecomplaints relating to the brownfields activities of each office,board, and department within the California Environmental ProtectionAgency. (5) Facilitating and advocating that the issue of environmentaljustice for communities most impacted, including low-income andracial minority populations, is considered in brownfields activitiesof each office, board, and department within the CaliforniaEnvironmental Protection Agency. (6) Assisting the California Environmental Protection Agency inimplementing the guidelines established under Section 25401.2. (b) The brownfield ombudsperson is not authorized to make orreverse a decision of an office, board, or department within theCalifornia Environmental Protection Agency.