25395.80. For purposes of this chapter, to qualify as a bona fide
purchaser, innocent landowner, or contiguous property owner a person
shall establish, by a preponderance of the evidence, all of the
following conditions:
(a) On or before the date on which the person acquired the site,
the person made all appropriate inquiries into the previous ownership
and uses of the site.
(b) The person exercises appropriate care with respect to the
release or threatened release of hazardous materials at the site.
(c) The person provides full cooperation, assistance, and access
to a person who is authorized to conduct response actions or natural
resource restoration at the site, including the cooperation and any
access necessary for the installation, integrity, operation, and
maintenance of complete or partial response actions or natural
resource restoration at the site.
(d) The person complies with land use controls established or
relied on, in connection with an approved response action at the
site, and does not impede the effectiveness or integrity of any
aspect of any remedy employed at the site in connection with a
response action.
(e) The person complies with all requests for information or an
administrative subpoena concerning the release or threatened release
of hazardous substances by any agency with jurisdiction under an
applicable statute.
(f) The person provides all notices and satisfies reporting
requirements required by state or federal law with respect to the
discovery or release of hazardous substances at the site.
25395.81. (a) Except as provided in Section 25395.85, and except as
otherwise provided under this section, a bona fide purchaser,
innocent landowner, or contiguous property owner who did not cause or
contribute to the release at the site, qualifies for the following
immunities:
(1) The bona fide purchaser, innocent landowner, or contiguous
property owner is not liable under any applicable statute for a claim
made by any person, other than an agency, for response costs or
other damages associated with a release or threatened release of a
hazardous material at the site characterized in the site assessment
conducted pursuant to, or a response plan approved pursuant to,
Article 6 (commencing with Section 25395.90).
(2) An agency shall not take an action under an applicable statute
to require a bona fide purchaser, innocent landowner, or contiguous
property owner to take a response action, other than a response
action required in an approved response plan, with respect to the
hazardous material release at a site that is characterized in the
site assessment conducted pursuant to, or a response plan approved
pursuant to Article 6 (commencing with Section 25395.90), unless both
of the following conditions apply:
(A) The conditions on the property pose an endangerment.
(B) The agency does one of the following:
(i) Makes all reasonable efforts, including taking appropriate
administrative enforcement actions, to compel any necessary response
action from other potentially responsible parties, and those efforts
have been unsuccessful.
(ii) Reasonably determines, after the exercise of reasonable
inquiry, that no potentially responsible party exists with sufficient
financial resources to perform the required response action at the
site.
(b) This section does not modify or limit the existing authority
of a state or local agency to impose a condition on the issuance of a
discretionary permit relating to the development, use, or occupancy
of any site.
(c) The immunities described in this section shall attach when the
bona fide purchaser, innocent landowner, or contiguous property
owner enters into an agreement with an agency pursuant to Section
25395.92 and shall remain in effect unless one of the following
occurs:
(1) The bona fide purchaser, innocent landowner, or contiguous
property owner receives a written notice of an unapproved, material
deviation from the agreement from the agency.
(2) The bona fide purchaser, innocent landowner, or contiguous
property owner or an agency terminates the agreement before a finding
of no further action is made pursuant to subdivision (b) of Section
25395.95 or a certificate of completion is issued pursuant to Section
25395.97.
(d) A person who otherwise qualifies for immunity under this
chapter and who commits fraud, intentional nondisclosure, or
misrepresentation to an agency with respect to any requirement of
this chapter, does not qualify as a bona fide purchaser, innocent
landowner, or contiguous property owner.
(e) This section does not relieve a bona fide purchaser, innocent
landowner or contiguous property owner from reporting, disclosure and
notification requirements under any applicable statute.
25395.82. (a) Notwithstanding Sections 25395.69, 25395.70, and
25395.75, on and after the date when the immunity specified in
subdivision (c) of Section 25395.81 attaches, the person shall remain
eligible for immunity if a release of hazardous materials at the
site during a response action is de minimis and the agency determines
that all necessary response actions to address the release have been
taken.
(b) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches, the person shall remain eligible for
immunity if either of the following occur:
(1) Both of the following conditions are met:
(A) A release of hazardous materials that poses an unreasonable
risk is discovered before the agency makes a finding of no further
action pursuant to Section 25395.95 or issues a certificate of
completion pursuant to Section 25395.97.
(B) The release specified in subparagraph (A) is appropriately
resolved to the satisfaction of the agency pursuant to paragraph (8)
of subdivision (a) of Section 25395.96.
(2) All of the following conditions are met:
(A) A release of hazardous materials that poses an unreasonable
risk is discovered after the agency makes a finding of no further
action pursuant to Section 25395.95, or issues a certificate of
completion pursuant to Section 25395.97.
(B) The innocent landowner, bona fide purchaser, or contiguous
property owner did not cause or contribute to the release.
(C) The release specified in subparagraph (A) is appropriately
resolved to the satisfaction of the agency pursuant to paragraph (8)
of subdivision (a) of Section 25395.96.
(c) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches, the person shall remain eligible for
immunity obtained pursuant to this chapter with regard to a release
that is the subject of a finding of no further action made pursuant
to Section 25395.95 or a certificate of completion issued pursuant to
Section 25395.97. If the person causes or contributes to a release
of a hazardous material, that person shall be responsible for
responding to that release in accordance with all applicable
statutes.
(d) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches to a site and a release of hazardous
materials is discovered on or under the site, a response action shall
be conducted at the site in accordance with the following:
(1) If the response action is for petroleum related contamination
caused predominately by a release from an underground storage tank,
the funds in the Underground Storage Tank Cleanup Fund shall, to the
extent permissible by law, be used in accordance with Section
25299.51.
(2) If the response action is for a hazardous materials release
not otherwise subject to paragraph (1), and the agency determines the
hazardous material release endangers public health or safety, the
person who entered into the agreement with the agency shall pay for,
or undertake, the response action. If the agency determines the
hazardous materials release does not endanger public health or
safety, the person who entered into the agreement shall not be
required to pay for, or undertake, the response action.
25395.83. (a) If there are unrecovered costs incurred by an agency
at a site for which an owner of the site is not liable as an innocent
landowner, bona fide purchaser, or contiguous property owner, an
agency shall have a lien on the site, or may, by agreement with the
owner, obtain from the owner a lien on other property or other
assurance of payment for the unrecovered response costs, subject to
all of the following requirements:
(1) A response action for which there are unrecovered costs of the
agency is carried out at the site.
(2) The response action increased the fair market value of the
site above the fair market value of the site that existed before the
response action was initiated.
(b) The lien may include costs that are first incurred by the
agency with respect to a response action at the site.
(c) The lien amount shall not exceed the increase in fair market
value of the property attributable to the response action at the time
of a sale or other disposition of the property, and shall not exceed
the unrecovered response costs actually incurred by the agency.
(d) The lien shall continue until the earlier of satisfaction of
the lien by sale or other means, or recovery of all response costs
incurred by the agency at the site. Once the amount of the lien is
satisfied in full, the agency shall record satisfaction on lien on
the real property.
(e) The notice of the lien shall be recorded in the official
records of the county recorder's office for the county in which the
real property is located.
(f) A lien imposed under this section shall have the force and
effect of, and the priority of, a judgment lien upon its recordation
in the county in which the property subject to the lien is located.
25395.84. (a) A court of competent jurisdiction may award
reasonable attorneys' fees and experts' fees to a person who
initiates a claim under an applicable law for contribution for, or
recovery of, response costs incurred for a response action, or for
any other response costs incurred at a site, if the person meets all
of the following criteria:
(1) The person is a bona fide purchaser, an innocent landowner, a
contiguous property owner, or a bona fide ground tenant, as defined
in subdivision (b) of Section 25395.102, and qualifies for immunity
pursuant to this chapter.
(2) The person is a prevailing party.
(3) On or before 20 calendar days prior to the date of the trial
on issues relating to the response costs at issue, the person serves
on the defendant both of the following:
(A) If a response plan has been approved for that site pursuant to
Article 6 (commencing with Section 25395.90) or Article 7
(commencing with Section 25395.102), as applicable, a copy of the
approved response plan.
(B) A written demand for compensation setting forth the specific
sum demanded from the defendant, including a statement of the
reasoning supporting the demand. The amount of written demand shall
include all response costs sought from the defendant at issue,
including all interest, but shall not include litigation expenses,
attorneys' fees, and experts' fees. The amount of the demand may
include any alleged consequential damages.
(b) ln determining whether to award reasonable attorneys' fees and
experts' fees pursuant to this section, a court shall consider the
relationship of the amount of the written demand described in
subparagraph (B) of paragraph (3) of subdivision (a) to the total sum
of the response costs and, if appropriate and included in the
demand, the consequential damages in the written demand, to the final
determination of the costs and damages by the trier of fact.
(c) A court may award reasonable attorneys' fees and experts' fees
to an agency that is the prevailing party in an action arising out
of this chapter.
25395.85. An innocent landowner, bona fide purchaser, contiguous
landowner, or bona fide ground tenant, as defined in subdivision (b)
of Section 25395.102, may seek contribution from any person who is
responsible for a discharge or release of hazardous materials for
which the innocent landowner, bona fide purchaser, contiguous
landowner, or bona fide ground tenant incurs agency oversight costs
for the review of a response plan or oversight of the implementation
of a response plan subject to this chapter.
25395.86. (a) This chapter does not provide immunity from any of
the following:
(1) Liability for bodily injury or wrongful death.
(2) Any requirement imposed under Chapter 6.5 (commencing with
Section 25100), including, but not limited to, corrective action and
closure and postclosure requirements.
(3) Criminal acts.
(4) Permit violations.
(5) Contractual indemnity agreements between purchasers and
sellers of real property.
(6) New releases of hazardous materials that are caused or
contributed to by an innocent landowner, bona fide purchaser, or
contiguous property owner.
(b) This chapter shall not apply as a defense or immunity to any
action taken by a redevelopment agency pursuant to Article 12.5
(commencing with Section 33459) of Chapter 4 of Part 1 of Division
24.
(c) This chapter does not limit the authority of an agency to
conduct a response action it determines is necessary to protect
public health and safety or the environment pursuant to an applicable
statute.
(d) This chapter does not preclude a state or local agency that is
taking property by eminent domain, negotiating to acquire property
in lieu of taking it by eminent domain, or considering the taking of
property through the exercise of eminent domain authority, from
evaluating the impact on the value of the property resulting from a
release or threatened release of any hazardous material, from
incorporating that evaluation into any offer of compensation for that
property, or from presenting that evaluation at a trial or other
proceeding to establish the value of the property.
(e) This chapter does not do either of the following:
(1) Limit a defense to liability that may be available to a person
under any other provision of law.
(2) Impose any new obligation on an owner of real property other
than those specifically assumed by the owner under an agreement
entered into pursuant to Article 6 (commencing with Section
25395.90).
25395.80. For purposes of this chapter, to qualify as a bona fide
purchaser, innocent landowner, or contiguous property owner a person
shall establish, by a preponderance of the evidence, all of the
following conditions:
(a) On or before the date on which the person acquired the site,
the person made all appropriate inquiries into the previous ownership
and uses of the site.
(b) The person exercises appropriate care with respect to the
release or threatened release of hazardous materials at the site.
(c) The person provides full cooperation, assistance, and access
to a person who is authorized to conduct response actions or natural
resource restoration at the site, including the cooperation and any
access necessary for the installation, integrity, operation, and
maintenance of complete or partial response actions or natural
resource restoration at the site.
(d) The person complies with land use controls established or
relied on, in connection with an approved response action at the
site, and does not impede the effectiveness or integrity of any
aspect of any remedy employed at the site in connection with a
response action.
(e) The person complies with all requests for information or an
administrative subpoena concerning the release or threatened release
of hazardous substances by any agency with jurisdiction under an
applicable statute.
(f) The person provides all notices and satisfies reporting
requirements required by state or federal law with respect to the
discovery or release of hazardous substances at the site.
25395.81. (a) Except as provided in Section 25395.85, and except as
otherwise provided under this section, a bona fide purchaser,
innocent landowner, or contiguous property owner who did not cause or
contribute to the release at the site, qualifies for the following
immunities:
(1) The bona fide purchaser, innocent landowner, or contiguous
property owner is not liable under any applicable statute for a claim
made by any person, other than an agency, for response costs or
other damages associated with a release or threatened release of a
hazardous material at the site characterized in the site assessment
conducted pursuant to, or a response plan approved pursuant to,
Article 6 (commencing with Section 25395.90).
(2) An agency shall not take an action under an applicable statute
to require a bona fide purchaser, innocent landowner, or contiguous
property owner to take a response action, other than a response
action required in an approved response plan, with respect to the
hazardous material release at a site that is characterized in the
site assessment conducted pursuant to, or a response plan approved
pursuant to Article 6 (commencing with Section 25395.90), unless both
of the following conditions apply:
(A) The conditions on the property pose an endangerment.
(B) The agency does one of the following:
(i) Makes all reasonable efforts, including taking appropriate
administrative enforcement actions, to compel any necessary response
action from other potentially responsible parties, and those efforts
have been unsuccessful.
(ii) Reasonably determines, after the exercise of reasonable
inquiry, that no potentially responsible party exists with sufficient
financial resources to perform the required response action at the
site.
(b) This section does not modify or limit the existing authority
of a state or local agency to impose a condition on the issuance of a
discretionary permit relating to the development, use, or occupancy
of any site.
(c) The immunities described in this section shall attach when the
bona fide purchaser, innocent landowner, or contiguous property
owner enters into an agreement with an agency pursuant to Section
25395.92 and shall remain in effect unless one of the following
occurs:
(1) The bona fide purchaser, innocent landowner, or contiguous
property owner receives a written notice of an unapproved, material
deviation from the agreement from the agency.
(2) The bona fide purchaser, innocent landowner, or contiguous
property owner or an agency terminates the agreement before a finding
of no further action is made pursuant to subdivision (b) of Section
25395.95 or a certificate of completion is issued pursuant to Section
25395.97.
(d) A person who otherwise qualifies for immunity under this
chapter and who commits fraud, intentional nondisclosure, or
misrepresentation to an agency with respect to any requirement of
this chapter, does not qualify as a bona fide purchaser, innocent
landowner, or contiguous property owner.
(e) This section does not relieve a bona fide purchaser, innocent
landowner or contiguous property owner from reporting, disclosure and
notification requirements under any applicable statute.
25395.82. (a) Notwithstanding Sections 25395.69, 25395.70, and
25395.75, on and after the date when the immunity specified in
subdivision (c) of Section 25395.81 attaches, the person shall remain
eligible for immunity if a release of hazardous materials at the
site during a response action is de minimis and the agency determines
that all necessary response actions to address the release have been
taken.
(b) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches, the person shall remain eligible for
immunity if either of the following occur:
(1) Both of the following conditions are met:
(A) A release of hazardous materials that poses an unreasonable
risk is discovered before the agency makes a finding of no further
action pursuant to Section 25395.95 or issues a certificate of
completion pursuant to Section 25395.97.
(B) The release specified in subparagraph (A) is appropriately
resolved to the satisfaction of the agency pursuant to paragraph (8)
of subdivision (a) of Section 25395.96.
(2) All of the following conditions are met:
(A) A release of hazardous materials that poses an unreasonable
risk is discovered after the agency makes a finding of no further
action pursuant to Section 25395.95, or issues a certificate of
completion pursuant to Section 25395.97.
(B) The innocent landowner, bona fide purchaser, or contiguous
property owner did not cause or contribute to the release.
(C) The release specified in subparagraph (A) is appropriately
resolved to the satisfaction of the agency pursuant to paragraph (8)
of subdivision (a) of Section 25395.96.
(c) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches, the person shall remain eligible for
immunity obtained pursuant to this chapter with regard to a release
that is the subject of a finding of no further action made pursuant
to Section 25395.95 or a certificate of completion issued pursuant to
Section 25395.97. If the person causes or contributes to a release
of a hazardous material, that person shall be responsible for
responding to that release in accordance with all applicable
statutes.
(d) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches to a site and a release of hazardous
materials is discovered on or under the site, a response action shall
be conducted at the site in accordance with the following:
(1) If the response action is for petroleum related contamination
caused predominately by a release from an underground storage tank,
the funds in the Underground Storage Tank Cleanup Fund shall, to the
extent permissible by law, be used in accordance with Section
25299.51.
(2) If the response action is for a hazardous materials release
not otherwise subject to paragraph (1), and the agency determines the
hazardous material release endangers public health or safety, the
person who entered into the agreement with the agency shall pay for,
or undertake, the response action. If the agency determines the
hazardous materials release does not endanger public health or
safety, the person who entered into the agreement shall not be
required to pay for, or undertake, the response action.
25395.83. (a) If there are unrecovered costs incurred by an agency
at a site for which an owner of the site is not liable as an innocent
landowner, bona fide purchaser, or contiguous property owner, an
agency shall have a lien on the site, or may, by agreement with the
owner, obtain from the owner a lien on other property or other
assurance of payment for the unrecovered response costs, subject to
all of the following requirements:
(1) A response action for which there are unrecovered costs of the
agency is carried out at the site.
(2) The response action increased the fair market value of the
site above the fair market value of the site that existed before the
response action was initiated.
(b) The lien may include costs that are first incurred by the
agency with respect to a response action at the site.
(c) The lien amount shall not exceed the increase in fair market
value of the property attributable to the response action at the time
of a sale or other disposition of the property, and shall not exceed
the unrecovered response costs actually incurred by the agency.
(d) The lien shall continue until the earlier of satisfaction of
the lien by sale or other means, or recovery of all response costs
incurred by the agency at the site. Once the amount of the lien is
satisfied in full, the agency shall record satisfaction on lien on
the real property.
(e) The notice of the lien shall be recorded in the official
records of the county recorder's office for the county in which the
real property is located.
(f) A lien imposed under this section shall have the force and
effect of, and the priority of, a judgment lien upon its recordation
in the county in which the property subject to the lien is located.
25395.84. (a) A court of competent jurisdiction may award
reasonable attorneys' fees and experts' fees to a person who
initiates a claim under an applicable law for contribution for, or
recovery of, response costs incurred for a response action, or for
any other response costs incurred at a site, if the person meets all
of the following criteria:
(1) The person is a bona fide purchaser, an innocent landowner, a
contiguous property owner, or a bona fide ground tenant, as defined
in subdivision (b) of Section 25395.102, and qualifies for immunity
pursuant to this chapter.
(2) The person is a prevailing party.
(3) On or before 20 calendar days prior to the date of the trial
on issues relating to the response costs at issue, the person serves
on the defendant both of the following:
(A) If a response plan has been approved for that site pursuant to
Article 6 (commencing with Section 25395.90) or Article 7
(commencing with Section 25395.102), as applicable, a copy of the
approved response plan.
(B) A written demand for compensation setting forth the specific
sum demanded from the defendant, including a statement of the
reasoning supporting the demand. The amount of written demand shall
include all response costs sought from the defendant at issue,
including all interest, but shall not include litigation expenses,
attorneys' fees, and experts' fees. The amount of the demand may
include any alleged consequential damages.
(b) ln determining whether to award reasonable attorneys' fees and
experts' fees pursuant to this section, a court shall consider the
relationship of the amount of the written demand described in
subparagraph (B) of paragraph (3) of subdivision (a) to the total sum
of the response costs and, if appropriate and included in the
demand, the consequential damages in the written demand, to the final
determination of the costs and damages by the trier of fact.
(c) A court may award reasonable attorneys' fees and experts' fees
to an agency that is the prevailing party in an action arising out
of this chapter.
25395.85. An innocent landowner, bona fide purchaser, contiguous
landowner, or bona fide ground tenant, as defined in subdivision (b)
of Section 25395.102, may seek contribution from any person who is
responsible for a discharge or release of hazardous materials for
which the innocent landowner, bona fide purchaser, contiguous
landowner, or bona fide ground tenant incurs agency oversight costs
for the review of a response plan or oversight of the implementation
of a response plan subject to this chapter.
25395.86. (a) This chapter does not provide immunity from any of
the following:
(1) Liability for bodily injury or wrongful death.
(2) Any requirement imposed under Chapter 6.5 (commencing with
Section 25100), including, but not limited to, corrective action and
closure and postclosure requirements.
(3) Criminal acts.
(4) Permit violations.
(5) Contractual indemnity agreements between purchasers and
sellers of real property.
(6) New releases of hazardous materials that are caused or
contributed to by an innocent landowner, bona fide purchaser, or
contiguous property owner.
(b) This chapter shall not apply as a defense or immunity to any
action taken by a redevelopment agency pursuant to Article 12.5
(commencing with Section 33459) of Chapter 4 of Part 1 of Division
24.
(c) This chapter does not limit the authority of an agency to
conduct a response action it determines is necessary to protect
public health and safety or the environment pursuant to an applicable
statute.
(d) This chapter does not preclude a state or local agency that is
taking property by eminent domain, negotiating to acquire property
in lieu of taking it by eminent domain, or considering the taking of
property through the exercise of eminent domain authority, from
evaluating the impact on the value of the property resulting from a
release or threatened release of any hazardous material, from
incorporating that evaluation into any offer of compensation for that
property, or from presenting that evaluation at a trial or other
proceeding to establish the value of the property.
(e) This chapter does not do either of the following:
(1) Limit a defense to liability that may be available to a person
under any other provision of law.
(2) Impose any new obligation on an owner of real property other
than those specifically assumed by the owner under an agreement
entered into pursuant to Article 6 (commencing with Section
25395.90).
25395.80. For purposes of this chapter, to qualify as a bona fide
purchaser, innocent landowner, or contiguous property owner a person
shall establish, by a preponderance of the evidence, all of the
following conditions:
(a) On or before the date on which the person acquired the site,
the person made all appropriate inquiries into the previous ownership
and uses of the site.
(b) The person exercises appropriate care with respect to the
release or threatened release of hazardous materials at the site.
(c) The person provides full cooperation, assistance, and access
to a person who is authorized to conduct response actions or natural
resource restoration at the site, including the cooperation and any
access necessary for the installation, integrity, operation, and
maintenance of complete or partial response actions or natural
resource restoration at the site.
(d) The person complies with land use controls established or
relied on, in connection with an approved response action at the
site, and does not impede the effectiveness or integrity of any
aspect of any remedy employed at the site in connection with a
response action.
(e) The person complies with all requests for information or an
administrative subpoena concerning the release or threatened release
of hazardous substances by any agency with jurisdiction under an
applicable statute.
(f) The person provides all notices and satisfies reporting
requirements required by state or federal law with respect to the
discovery or release of hazardous substances at the site.
25395.81. (a) Except as provided in Section 25395.85, and except as
otherwise provided under this section, a bona fide purchaser,
innocent landowner, or contiguous property owner who did not cause or
contribute to the release at the site, qualifies for the following
immunities:
(1) The bona fide purchaser, innocent landowner, or contiguous
property owner is not liable under any applicable statute for a claim
made by any person, other than an agency, for response costs or
other damages associated with a release or threatened release of a
hazardous material at the site characterized in the site assessment
conducted pursuant to, or a response plan approved pursuant to,
Article 6 (commencing with Section 25395.90).
(2) An agency shall not take an action under an applicable statute
to require a bona fide purchaser, innocent landowner, or contiguous
property owner to take a response action, other than a response
action required in an approved response plan, with respect to the
hazardous material release at a site that is characterized in the
site assessment conducted pursuant to, or a response plan approved
pursuant to Article 6 (commencing with Section 25395.90), unless both
of the following conditions apply:
(A) The conditions on the property pose an endangerment.
(B) The agency does one of the following:
(i) Makes all reasonable efforts, including taking appropriate
administrative enforcement actions, to compel any necessary response
action from other potentially responsible parties, and those efforts
have been unsuccessful.
(ii) Reasonably determines, after the exercise of reasonable
inquiry, that no potentially responsible party exists with sufficient
financial resources to perform the required response action at the
site.
(b) This section does not modify or limit the existing authority
of a state or local agency to impose a condition on the issuance of a
discretionary permit relating to the development, use, or occupancy
of any site.
(c) The immunities described in this section shall attach when the
bona fide purchaser, innocent landowner, or contiguous property
owner enters into an agreement with an agency pursuant to Section
25395.92 and shall remain in effect unless one of the following
occurs:
(1) The bona fide purchaser, innocent landowner, or contiguous
property owner receives a written notice of an unapproved, material
deviation from the agreement from the agency.
(2) The bona fide purchaser, innocent landowner, or contiguous
property owner or an agency terminates the agreement before a finding
of no further action is made pursuant to subdivision (b) of Section
25395.95 or a certificate of completion is issued pursuant to Section
25395.97.
(d) A person who otherwise qualifies for immunity under this
chapter and who commits fraud, intentional nondisclosure, or
misrepresentation to an agency with respect to any requirement of
this chapter, does not qualify as a bona fide purchaser, innocent
landowner, or contiguous property owner.
(e) This section does not relieve a bona fide purchaser, innocent
landowner or contiguous property owner from reporting, disclosure and
notification requirements under any applicable statute.
25395.82. (a) Notwithstanding Sections 25395.69, 25395.70, and
25395.75, on and after the date when the immunity specified in
subdivision (c) of Section 25395.81 attaches, the person shall remain
eligible for immunity if a release of hazardous materials at the
site during a response action is de minimis and the agency determines
that all necessary response actions to address the release have been
taken.
(b) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches, the person shall remain eligible for
immunity if either of the following occur:
(1) Both of the following conditions are met:
(A) A release of hazardous materials that poses an unreasonable
risk is discovered before the agency makes a finding of no further
action pursuant to Section 25395.95 or issues a certificate of
completion pursuant to Section 25395.97.
(B) The release specified in subparagraph (A) is appropriately
resolved to the satisfaction of the agency pursuant to paragraph (8)
of subdivision (a) of Section 25395.96.
(2) All of the following conditions are met:
(A) A release of hazardous materials that poses an unreasonable
risk is discovered after the agency makes a finding of no further
action pursuant to Section 25395.95, or issues a certificate of
completion pursuant to Section 25395.97.
(B) The innocent landowner, bona fide purchaser, or contiguous
property owner did not cause or contribute to the release.
(C) The release specified in subparagraph (A) is appropriately
resolved to the satisfaction of the agency pursuant to paragraph (8)
of subdivision (a) of Section 25395.96.
(c) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches, the person shall remain eligible for
immunity obtained pursuant to this chapter with regard to a release
that is the subject of a finding of no further action made pursuant
to Section 25395.95 or a certificate of completion issued pursuant to
Section 25395.97. If the person causes or contributes to a release
of a hazardous material, that person shall be responsible for
responding to that release in accordance with all applicable
statutes.
(d) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches to a site and a release of hazardous
materials is discovered on or under the site, a response action shall
be conducted at the site in accordance with the following:
(1) If the response action is for petroleum related contamination
caused predominately by a release from an underground storage tank,
the funds in the Underground Storage Tank Cleanup Fund shall, to the
extent permissible by law, be used in accordance with Section
25299.51.
(2) If the response action is for a hazardous materials release
not otherwise subject to paragraph (1), and the agency determines the
hazardous material release endangers public health or safety, the
person who entered into the agreement with the agency shall pay for,
or undertake, the response action. If the agency determines the
hazardous materials release does not endanger public health or
safety, the person who entered into the agreement shall not be
required to pay for, or undertake, the response action.
25395.83. (a) If there are unrecovered costs incurred by an agency
at a site for which an owner of the site is not liable as an innocent
landowner, bona fide purchaser, or contiguous property owner, an
agency shall have a lien on the site, or may, by agreement with the
owner, obtain from the owner a lien on other property or other
assurance of payment for the unrecovered response costs, subject to
all of the following requirements:
(1) A response action for which there are unrecovered costs of the
agency is carried out at the site.
(2) The response action increased the fair market value of the
site above the fair market value of the site that existed before the
response action was initiated.
(b) The lien may include costs that are first incurred by the
agency with respect to a response action at the site.
(c) The lien amount shall not exceed the increase in fair market
value of the property attributable to the response action at the time
of a sale or other disposition of the property, and shall not exceed
the unrecovered response costs actually incurred by the agency.
(d) The lien shall continue until the earlier of satisfaction of
the lien by sale or other means, or recovery of all response costs
incurred by the agency at the site. Once the amount of the lien is
satisfied in full, the agency shall record satisfaction on lien on
the real property.
(e) The notice of the lien shall be recorded in the official
records of the county recorder's office for the county in which the
real property is located.
(f) A lien imposed under this section shall have the force and
effect of, and the priority of, a judgment lien upon its recordation
in the county in which the property subject to the lien is located.
25395.84. (a) A court of competent jurisdiction may award
reasonable attorneys' fees and experts' fees to a person who
initiates a claim under an applicable law for contribution for, or
recovery of, response costs incurred for a response action, or for
any other response costs incurred at a site, if the person meets all
of the following criteria:
(1) The person is a bona fide purchaser, an innocent landowner, a
contiguous property owner, or a bona fide ground tenant, as defined
in subdivision (b) of Section 25395.102, and qualifies for immunity
pursuant to this chapter.
(2) The person is a prevailing party.
(3) On or before 20 calendar days prior to the date of the trial
on issues relating to the response costs at issue, the person serves
on the defendant both of the following:
(A) If a response plan has been approved for that site pursuant to
Article 6 (commencing with Section 25395.90) or Article 7
(commencing with Section 25395.102), as applicable, a copy of the
approved response plan.
(B) A written demand for compensation setting forth the specific
sum demanded from the defendant, including a statement of the
reasoning supporting the demand. The amount of written demand shall
include all response costs sought from the defendant at issue,
including all interest, but shall not include litigation expenses,
attorneys' fees, and experts' fees. The amount of the demand may
include any alleged consequential damages.
(b) ln determining whether to award reasonable attorneys' fees and
experts' fees pursuant to this section, a court shall consider the
relationship of the amount of the written demand described in
subparagraph (B) of paragraph (3) of subdivision (a) to the total sum
of the response costs and, if appropriate and included in the
demand, the consequential damages in the written demand, to the final
determination of the costs and damages by the trier of fact.
(c) A court may award reasonable attorneys' fees and experts' fees
to an agency that is the prevailing party in an action arising out
of this chapter.
25395.85. An innocent landowner, bona fide purchaser, contiguous
landowner, or bona fide ground tenant, as defined in subdivision (b)
of Section 25395.102, may seek contribution from any person who is
responsible for a discharge or release of hazardous materials for
which the innocent landowner, bona fide purchaser, contiguous
landowner, or bona fide ground tenant incurs agency oversight costs
for the review of a response plan or oversight of the implementation
of a response plan subject to this chapter.
25395.86. (a) This chapter does not provide immunity from any of
the following:
(1) Liability for bodily injury or wrongful death.
(2) Any requirement imposed under Chapter 6.5 (commencing with
Section 25100), including, but not limited to, corrective action and
closure and postclosure requirements.
(3) Criminal acts.
(4) Permit violations.
(5) Contractual indemnity agreements between purchasers and
sellers of real property.
(6) New releases of hazardous materials that are caused or
contributed to by an innocent landowner, bona fide purchaser, or
contiguous property owner.
(b) This chapter shall not apply as a defense or immunity to any
action taken by a redevelopment agency pursuant to Article 12.5
(commencing with Section 33459) of Chapter 4 of Part 1 of Division
24.
(c) This chapter does not limit the authority of an agency to
conduct a response action it determines is necessary to protect
public health and safety or the environment pursuant to an applicable
statute.
(d) This chapter does not preclude a state or local agency that is
taking property by eminent domain, negotiating to acquire property
in lieu of taking it by eminent domain, or considering the taking of
property through the exercise of eminent domain authority, from
evaluating the impact on the value of the property resulting from a
release or threatened release of any hazardous material, from
incorporating that evaluation into any offer of compensation for that
property, or from presenting that evaluation at a trial or other
proceeding to establish the value of the property.
(e) This chapter does not do either of the following:
(1) Limit a defense to liability that may be available to a person
under any other provision of law.
(2) Impose any new obligation on an owner of real property other
than those specifically assumed by the owner under an agreement
entered into pursuant to Article 6 (commencing with Section
25395.90).
