25403.2
. (a) (1) Notwithstanding any other law, except as otherwise
provided in this chapter, a local agency that undertakes and
completes an action, or causes another person to undertake and
complete an action pursuant to Section 25403.1 for which a finding of
completion is made pursuant to subdivision (b), to clean up a
hazardous material release on, under, or from property within the
local agency's boundaries, in accordance with a cleanup plan prepared
by a qualified independent contractor and approved by the
department, a regional board, or the designated agency, in accordance
with Section 25403.1, is not liable, with respect to that release
only, pursuant to any of the following:
(A) Division 7 (commencing with Section 13000) of the Water Code.
(B) Chapter 6.5 (commencing with Section 25100), Chapter 6.7
(commencing with Section 25280), Chapter 6.75 (commencing with
Section 25299.10), or Chapter 6.8 (commencing with Section 25300), of
Division 20.
(C) Any other state or local law imposing liability for cleanup of
releases of hazardous materials.
(2) If the cleanup was also performed pursuant to Chapter 6.65
(commencing with Section 25260) of Division 20, and a certificate of
completion is issued pursuant to subdivision (b) of Section 25264,
the immunity from local agency action provided by the certificate of
completion, as specified in subdivision (c) of Section 25264, shall
apply to the local agency, in addition to the immunity conferred by
this section.
(3) In the case of a cleanup performed pursuant to Chapter 6.65
(commencing with Section 25260) of Division 20, and for which the
administering agency is a local agency, the limitations on the
certificate of completion set forth in paragraphs (1) to (6),
inclusive, of subdivision (c) of Section 25264 are limits on any
immunity provided for by this section and subdivision (c) of Section
25264.
(b) Notwithstanding any provision of law or policy providing for
certification by a person conducting a cleanup that the action has
been properly completed, a determination that a cleanup has been
properly completed pursuant to this section shall be made only upon
the affirmative approval of the director, the regional board, or the
designated agency, as appropriate. The department or regional board,
as appropriate, shall, within 60 days of the date it finds that a
cleanup has been completed, notify the local agency in writing that
the immunity provided by this section is in effect. If another agency
is designated to oversee the cleanup pursuant to paragraph (1) or
(2) of subdivision (d) of Section 25403.1, the designated agency
shall issue a notice within 60 days of the date it finds that a
cleanup has been completed.
(c) Upon proper completion of a cleanup, as specified in
subdivision (b), the immunity from action provided by the certificate
of completion provided pursuant to subdivision (c) of Section 25264
and the immunity provided by this section extends to all of the
following, but only for the release or releases specifically
identified in the approved cleanup plan and not for any subsequent
release or any release not specifically identified in the approved
cleanup plan:
(1) An employee or agent of the local agency, including an
instrumentality of the local agency authorized to exercise some, or
all, of the powers of a local agency within, or for the benefit of, a
local agency and an employee or agent of the instrumentality.
(2) A person that enters into an agreement with a local agency for
the development of property, if the agreement requires the person to
acquire property affected by a hazardous material release or to
clean up a hazardous material release with respect to that property.
(3) A person that acquires the property after a person has entered
into an agreement with a local agency for development of the
property, as described in paragraph (2).
(4) A person that provides financing to a person specified in
paragraph (2) or (3).
(d) Notwithstanding any other law, the immunity provided by this
section does not extend to any of the following:
(1) A person that was a responsible party for the release before
entering into an agreement, acquiring property, or providing
financing, as specified in subdivision (c).
(2) A person specified in subdivision (a) or (c) for any
subsequent release of a hazardous material or any release of a
hazardous material not specifically identified in the approved
cleanup plan.
(3) A contractor who prepares the cleanup plan or conducts the
cleanup.
(4) A person that obtains an approval of a cleanup plan pursuant
to Section 25403.1, or pursuant to a finding, as specified in
subdivision (b), by fraud, negligent or intentional nondisclosure, or
misrepresentation, and a person that knows before the approval or
determination is obtained or before the person enters into an
agreement, acquires the property, or provides financing, as specified
in subdivision (c), that the approval or determination was obtained
by these means.
(e) The immunity provided by this section is in addition to any
other immunity provided by law to a local agency.
(f) This section does not impair any cause of action by a local
agency or any other party against the person responsible for the
hazardous material release that is the subject of the cleanup taken
by the local agency or other person immune from liability pursuant to
this section.
(g) This section does not apply to, or limit, alter, or restrict,
an action for personal injury or wrongful death.
(h) This section does not limit liability of a person described in
paragraph (3) or (4) of subdivision (d) for damages under the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
(i) This section does not establish, limit, or affect the
liability of a local agency for a release of a hazardous material
that is not investigated or cleaned up pursuant to this section or
Chapter 6.65 (commencing with Section 25260).