Bill Text: CA AB427 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Electrical corporations: uneconomic cost recovery: bottoming cycle waste heat recovery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB427 Detail]

Download: California-2013-AB427-Introduced.html

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BILL NUMBER: AB 427	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 15, 2013

   An act to amend Section 33459 of the Health and Safety Code,
relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 427, as introduced, Mullin. Local government: Polanco
Redevelopment Act.
   Existing law, the Polanco Redevelopment Act, authorizes a
redevelopment agency to take any action that the agency determines is
necessary and consistent with state and federal laws to remedy or
remove a release of hazardous substances on, under, or from property
within a project area, whether the agency owns that property or not,
subject to specified conditions. Existing law dissolved redevelopment
agencies and provides for the winding down of the affairs of a
redevelopment agency by a successor agency. Existing law provides
that any existing cleanup plans and liability limits authorized under
the Polanco Redevelopment Act shall be transferred to the successor
agency and may be transferred to the successor housing entity at that
entity's request.
   This bill would specify that a successor agency or successor
housing entity may implement hazardous cleanup pursuant to the
Polanco Redevelopment Act, with regard to enforceable obligations,
including brownfield cleanup.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 33459 of the Health and Safety Code is amended
to read:
   33459.  For purposes of this article, the following terms shall
have the following meanings:
   (a)  "Department" means the Department of Toxic Substances
Control.
   (b)  "Director" means the Director of Toxic Substances Control.
   (c)  "Hazardous substance" means any hazardous substance as
defined in subdivision (h) of Section 25281, and any reference to
hazardous substance in the definitions referenced in this section
shall be deemed to refer to hazardous substance, as defined in this
subdivision.
   (d)  "Local agency" means a single local agency that is one of the
following:
   (1)  A local agency authorized pursuant to Section 25283 to
implement Chapter 6.7 (commencing with Section 25280) of, and Chapter
6.75 (commencing with Section 25299.10) of, Division 20.
   (2)  A local officer who is authorized pursuant to Section 101087
to supervise a remedial action. 
   (3) A successor agency or successor housing entity pursuant to
subdivision (f) of Section 34173, with regard to enforceable
obligations, including brownfield cleanup. 
   (e)  "Qualified independent contractor" means an independent
contractor who is any of the following:
   (1)  An engineering geologist who is certified pursuant to Section
7842 of the Business and Professions Code.
   (2)  A geologist who is registered pursuant to Section 7850 of the
Business and Professions Code.
   (3)  A civil engineer who is registered pursuant to Section 6762
of the Business and Professions Code.
   (f)  "Release" means any release, as defined in Section 25320.
   (g)  "Remedy" or "remove" means any action to assess, evaluate,
investigate, monitor, remove, correct, clean up, or abate a release
of a hazardous substance or to develop plans for those actions.
"Remedy" includes any action set forth in Section 25322 and "remove"
includes any action set forth in Section 25323.
   (h)  "Responsible party" means any person described in subdivision
(a) of Section 25323.5 of this code or subdivision (a) of Section
13304 of the Water Code.