Section 25395.103 Of Article 7. Bona Fide Ground Tenant Immunity From California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 7.
25395.103
. (a) A bona fide ground tenant who seeks to qualify for
the immunity pursuant to Section 25395.104 shall make all appropriate
inquiries, and shall enter into an agreement pursuant to this
article with an agency, and one or more entities that agree to take
responsibility for implementing a site assessment and response plan
pursuant to subdivision (b). The entity shall be one of the
following:
(1) The site owner.
(2) A redevelopment agency.
(3) A city or county.
(b) Except as otherwise provided in subdivision (c), an agreement
entered into pursuant to this article shall provide that the entity
that accepts responsibility for the site assessment and response plan
shall conduct a site assessment that substantially complies with the
requirements of Section 25395.94 and implement a response plan that
substantially complies with the requirements of Section 25395.96. For
purposes of any health risk assessment, as specified in paragraph
(2) of subdivision (a) of Section 25395.94, that is conducted for a
site subject to this article, the intended site occupants shall
include any person who is expected to reside at, work at, or
otherwise physically cross onto, the boundaries of the site. Both the
site assessment and the response plan shall be approved by the
agency. Except as necessary to comply with provisions of this article
that differ from Article 6 (commencing with Section 25395.90),
agreements pursuant to this article shall substantially conform to
agreements developed to implement Article 6 (commencing with Section
25395.90), and shall specifically include the agency cost
reimbursement provisions required by subdivision (b) of Section
25395.93.
(c) An agreement entered into pursuant to this article shall
provide that the bona fide ground tenant is responsible to the agency
for only the portions of the site assessment and the portions of the
response plan that the agency determines to be necessary to allow
the site to be used for its intended purposes without unreasonable
risk to the human health and safety of the intended site occupants.
The bona fide ground tenant shall not be responsible to the agency
for any other assessment or remediation of soil, soil gas,
groundwater, or other media at the site; nor for any assessment or
remediation adjacent to, or in the vicinity of, the site. The
agreement shall also specify the portion of the site assessment and
the response plan to be implemented by the party other than the bona
fide ground tenant.
(d) Before finalizing the agreement, the agency shall notify other
appropriate agencies, including the host jurisdiction. The agency
shall keep, in a permanent archive, copies of all finalized
agreements entered into pursuant to this article.
(e) Agreements entered under this article shall not be subject to
Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of
the Public Contract Code.
(f) A person who enters into an agreement under this article shall
submit sufficient information to the agency for the agency to
determine whether the site is eligible, whether the person meets the
conditions to qualify as a bona fide ground tenant, and to prepare an
agreement pursuant to this section.