Section 25395.116 Of Article 2. Public Information From California Health And Safety Code >> Division 20. >> Chapter 6.83. >> Article 2.
25395.116
. (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
following:
(1) Require the bona fide purchaser to pay for the agency's
services.
(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
agreement.
(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.