[CPEO-BIF] California's new Brownfields law

[Lenny Siegel <lsiegel@cpeo.org>]

On September 23, 2004, California Governor Arnold Schwarzenegger 
approved Assembly Bill 389, California's new Brownfields law. Like the 
federal law, it provides liability relief to innocent parties, In fact, 
it uses similar language, and it will even rely upon the new federal 
standard for All Appropriate Inquiries, governing initial site 
assessments, when it is promulgated. However, there is a significant 
structural difference. California's relief is contingent upon the 
"qualified property owner" entering into an agreement with a state 
regulatory agency to conduct a site assessment and, if necessary, to 
prepare and implement a response plan.

The Assembly staff summarized the purposes of the legislation:

"Enacts the California Land Reuse and Revitalization Act of 2004 (Act), 
which would provide that an innocent landowner, a bona fide purchaser, 
or a contiguous property owner qualifies for immunity from liability for 
response cost or damage claims under state statutory and common laws 
that impose liability upon an owner or occupant of property, for 
pollution conditions caused by a release or threatened release of a 
hazardous material on, under, or adjacent to that property, if the 
innocent purchaser, bona fide purchaser, or contiguous property owner 
meets specified conditions ['qualifying property owner (QPO)'].

"Requires California Environmental Protection Agency's (CalEPA), the 
Department of Toxic Substances Control's (DTSC), the State Water 
Resources Control Board's (SWRCB), and the regional water quality 
control boards' (RWQCBs) Web sites to be expanded to allow access to 
information about brownfields and other cleanup sites through a single 
Web site portal."

For the entire analysis of a near-final version by Assembly staff, go to
http://www.assembly.ca.gov/acs/acsframeset2text.htm

I would be interested in hearing from readers, preferably in messages 
directed to this entire list, to what degree other states are also 
taking steps to defer to U.S. EPA's All Appropriate Inquiries standard.

Lenny

--
Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
http://www.cpeo.org



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