Section 25395.26 Of Article 8.5. Cleanup Loans And Environmental Assistance To Neighborhoods From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 8.5.
25395.26
. (a) A loan approved pursuant to Section 25395.23 shall be
secured by the property subject to the release or threatened release
of the hazardous material on which the response action will be taken
or by another form of security that the department determines will
adequately protect the state's interest. The department shall obtain
an appropriate security interest in the property or other alternative
form of security approved by the department. The department may
foreclose on property, or the alternative form of security approved
by the department, that is subject to a security interest pursuant to
this section. Any funds received through a foreclosure or through
the enforcement of any other security interest pursuant to this
article shall be deposited in the account.
(b) The state, the secretary, the department, and the account are
not liable under any state or local statute, regulation, or ordinance
because the department holds the security interest identified in
subdivision (a) or because the department acquired property through
foreclosure or its equivalent in satisfaction of a loan issued
pursuant to this article.
(c) Chapter 6.96 (commencing with Section 25548) does not apply to
the state, the secretary, the department, the agency, or the account
with regard to a loan secured pursuant to subdivision (a).
(d) (1) Notwithstanding any other provision of law, no approval or
review shall be required from the Department of General Services to
obtain any security interest or exercise any rights, including, but
not limited to, foreclosure, under any security interest or other
agreement made pursuant to this article.
(2) The acquisition of a property pursuant to this article through
foreclosure or its equivalent is not subject to Article 2
(commencing with Section 14660) of Chapter 2 of Part 5.5 of Division
3 of Title 2 of the Government Code.
(3) The department shall promptly dispose of any property acquired
through the exercise of any security interest pursuant to this
article at the property's current market value and the disposal of
this property is exempt from Section 11011.1 of the Government Code
and Article 8 (commencing with Section 54220) of Chapter 5 of Part 1
of Division 2 of Title 5 of the Government Code.
(e) This article shall not be construed to limit, extend, or
affect local land use and zoning authority.