Article 2. Public Information of California Health And Safety Code >> Division 20. >> Chapter 6.83. >> Article 2.
The definitions set forth in this section govern the
interpretation 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 a
person, who acquires ownership of a site on or after January 1, 2005,
and who establishes all of the following by a preponderance of the
(A) All releases of the hazardous materials at issue at the site
occurred before the person acquired the site, except as described in
(B) All of the conditions of Section 25395.80 to qualify as a bona
fide purchaser have been met.
(C) The person is not potentially liable, or affiliated with any
other person who is potentially liable, for the release or threatened
release at the site through any of the following circumstances:
(i) Any direct or indirect familial relationship.
(ii) Any contractual, corporate, or financial relationship, unless
the contractual, corporate, or financial relationship is created by
the instrument by which title or possession to the site is conveyed
or financed or a contract for the sale of goods or services.
(iii) The result of a reorganization of a business entity that was
potentially liable for the release or threatened release of
hazardous materials at the site.
(2) For purposes of this section, "release" does not include
(d) "Department" means the Department of Toxic Substances Control.
(e) "Regional board" means a California regional water quality
(a) To facilitate the decision of a bona fide purchaser
to apply for a bona fide purchaser agreement, the bona fide purchaser
may first enter into a consultative services agreement with the
department pursuant to Section 25201.9 or with an agency.
(b) Under the terms of a consultative services agreement entered
into in accordance with this section, an agency may review any
environmental data and development plans that may be submitted by a
bona fide purchaser.
(c) The consultative services agreement shall include all of the
(1) Require the bona fide purchaser to pay for the agency's
(2) Not commit the bona fide purchaser to purchase, remediate, or
otherwise act with regard to the site.
(3) Provide for a review and meeting to discuss the environmental
data 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 bona
fide purchaser of what further information might be needed to
ascertain what response action, if any, will be necessary. The agency
shall also provide comments to the bona fide purchaser on any
proposed response actions that may be necessary and an estimate of
the time it may take to negotiate and approve a bona fide purchaser
(e) An agency shall enter into a consultative services agreement,
in accordance with this section, subject to available staff and
resources, as determined by the agency. If the agency declines to
enter into a consultative services agreement, the agency shall
provide specific reasons for its decision to the bona fide purchaser
requesting the agreement.
(a) On or before January 1, 2006, the agency and the
California Environmental Protection Agency shall implement the
requirements imposed by this section.
(b) The department shall revise and upgrade the department's
database systems, including the list of hazardous substances release
sites adopted pursuant to Section 25356 and the information sent to
the agency pursuant to Section 65962.5 of the Government Code, to
enable compatibility with existing databases of the board, including
the GIS mapping system established pursuant to Section 25299.97. The
department shall also install improvements to the database systems to
maintain and display information that includes the number of
brownfield sites, each brownfield site's location, acreage, response
action, site assessments, and the number of orphan sites where the
department is overseeing the response action.
(c) The California Environmental Protection Agency, the
department, the regional boards, and the board shall expand their
respective Web sites to allow access to information about brownfield
sites and other response action sites through a single Web site
The department may expend any grant received pursuant to
Section 128 of the Small Business Liability Relief and Brownfield
Revitalization Act (42 U.S.C. Sec. 9628), for state response
programs, to implement Section 25395.117 to the extent the activities
are in accordance with the terms and conditions of the grant.
(a) Using existing resources or when funds become
available, the Secretary for Environmental Protection shall designate
a brownfields ombudsperson whose responsibilities shall include, but
are not limited to, all of the following:
(1) Assisting in the coordination of the brownfields activities of
each office, board, and department within the California
Environmental Protection Agency.
(2) Advocating and expanding the relationship between the
California Environmental Protection Agency and local, state, and
federal governmental entities' efforts pertaining to brownfields.
(3) Serving as the California Environmental Protection Agency's
representative on committees, working groups, and other organizations
pertaining to brownfields.
(4) Providing assistance in investigating complaints from the
public, and helping to resolve and coordinate the resolution of those
complaints relating to the brownfields activities of each office,
board, and department within the California Environmental Protection
(5) Facilitating and advocating that the issue of environmental
justice for communities most impacted, including low-income and
racial minority populations, is considered in brownfields activities
of each office, board, and department within the California
Environmental Protection Agency.
(b) The brownfield ombudsperson is not authorized to make or
reverse a decision of an office, board, or department within the
California Environmental Protection Agency.