Bill Text: CA SB470 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Community development: economic opportunity.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-08 - Chaptered by Secretary of State. Chapter 659, Statutes of 2013. [SB470 Detail]

Download: California-2013-SB470-Amended.html

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BILL NUMBER: SB 470	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Wright

                        FEBRUARY 21, 2013

   An act to add Part 4 (commencing with Section 52200) to Division 1
of Title 5 of the Government Code, relating to community
development.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 470, as amended, Wright. Community development: economic
opportunity.
   Existing law generally regulates the power of cities, counties,
and cities and counties.
   This bill would state the intent of the Legislature to promote
economic development on a local level so that communities can enact
local strategies to increase jobs, create economic opportunity, and
generate tax revenue for all levels of government. The bill would
define economic opportunity and declare that it is the policy of the
state to protect and promote the sound development of economic
opportunity in cities and counties, and the general welfare of the
inhabitants of those communities through the employment of all
appropriate means.
   The bill would state that the creation of economic opportunity and
the provisions for appropriate continuing land use and construction
policies with respect to property acquired, in whole or in part, for
economic opportunity constitute public uses and purposes for which
public money may be advanced or expended and private property
acquired. The bill would provide that before any city or county
property  acquired in whole or in part, directly or
indirectly, for economic opportunity purposes  is sold or
leased for development, the sale or lease shall first be approved by
the legislative body, as specified. The bill would authorize a city,
county, or city and county to establish a program under which it
loans funds to owners or tenants for the purpose of rehabilitating
commercial buildings or structures and to assist with the financing
of facilities or capital equipment as part of an agreement that
provides for the development or rehabilitation of property that will
be used for industrial or manufacturing purposes, as specified.
   This bill would authorize a city, county, or city and county to
exercise authority to remedy or remove the release of hazardous
substances within its boundaries consistent with state and federal
laws, as specified. This bill would require a city, county, or city
and county to request cleanup guidelines from the Department of Toxic
Substances Control or a California regional water quality control
board before taking an action under this authority, and limit the
liability of a city, county, or city and county for taking an action
under these provisions.
   The bill would also authorize a city, county, or city and county
to enter into a voluntary agreement with another city, county, or
city and county, or a local taxing entity or joint powers authority,
to jointly finance an economic opportunity project.
   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.  Part 4 (commencing with Section 52200) is added to
Division 1 of Title 5 of the Government Code, to read:

      PART 4.  Economic Opportunity


      CHAPTER 1.  GENERAL PROVISIONS


   52200.   (a)    It is the intent
of the Legislature to do all of the following: 
   (1) 
    (a)  Promote economic development on a local level so
that communities can enact local strategies to increase jobs, create
economic opportunity, and generate tax revenue for all levels of
government. 
   (2) 
    (b)  Give local governments tools, at no cost to the
state, that allow local governments to use their funds in a manner
that promotes economic opportunity. 
   (3) 
    (c)  With the loss of redevelopment funds, cities,
counties, and cities and counties need to continue certain powers
afforded to redevelopment agencies that were critical to economic
development, yet do not have an impact on schools and the state
budget. 
   (b) Economic opportunity means any of the following: 

   (1) Development agreements that create, retain, or expand new
jobs.  
   (2) Development agreements that increase property tax revenues to
all property tax-collecting entities.  
   (3) Creation of affordable housing.  
   (4) Projects that meet the goals set forth in Chapter 728 of the
Statutes of 2008.  
   (5) Transit-oriented development.  
   52200.2.  As used in this part "economic opportunity" means any of
the following:
   (a) Development agreements or other agreements that create,
retain, or expand new jobs, in which the Legislative body finds that
the agreement will create or retain at least one full-time
equivalent, permanent job for every thirty-five thousand dollars
($35,000) of city, county, or city and county investment in the
project after full capacity and implementation.
   (b) Development agreements that increase property tax revenues to
all property tax collecting entities, in which the legislative body
finds that the agreement will result in an increase of at least 15
percent of total property tax resulting from the project at full
implementation when compared to the year prior to the property being
acquired by the government entity.
   (c) Creation of affordable housing, if a demonstrated affordable
housing need exists in the community, as defined in the approved
housing element or regional housing needs assessment.
   (d) Projects that meet the goals set forth in Chapter 728 of the
Statutes of 2008 and have been included in an adopted sustainable
communities strategy or alternative planning strategy or a project
that specifically implements the goals of those adopted plans.
   (e) Transit priority projects, as defined in Section 21155 of the
Public Resources Code.
   (f) Development of properties that are returned to the city,
county, or city and county per the long-range property management
plan, as defined in subparagraph (A) of paragraph (2) of subdivision
(c) of Section 34191.5 of the Health and Safety Code. 
    52200.1.   52200.4.   It is declared to
be the policy of the state:
   (a) To protect and promote the sound development of economic
opportunity in cities and counties and the general welfare of the
inhabitants of those communities through the employment of all
appropriate means.
   (b) That whenever the creation of economic opportunity in cities
and counties cannot be accomplished by private enterprise alone,
without public participation and assistance in the acquisition of
land, in planning and in the financing of land assembly, in the work
of clearance, and in the making of improvements necessary therefor,
it is in the public interest to advance or expend public funds for
these purposes, and to provide a means by which economic opportunity
can be created.
   (c) That the creation of economic opportunity and the provisions
for appropriate continuing land use and construction policies with
respect to property acquired, in whole or in part, for economic
opportunity constitute public uses and purposes for which public
money may be advanced or expended and private property acquired, and
are governmental functions of state concern in the interest of
health, safety, and welfare of the people of the state and cities and
counties.
   (d) That the necessity in the public interest for the provisions
of this part is declared to be a matter of legislative determination.

    52200.2.   52200.6.   This chapter
shall not be interpreted to authorize the use of eminent domain for
economic development purposes.
      CHAPTER 2.  SALES AND LEASES


   52201.  (a) (1) Before any city  , county,  or  city
and  county property  acquired in whole or in part,
directly or indirectly, for economic opportunity purposes 
is sold or leased for  development,   economic
development purposes,  the sale or lease shall first be approved
by the legislative body by resolution after public hearing. Notice
of the time and place of the hearing shall be published in a
newspaper of general circulation in the community at least once per
week for at least two successive weeks, as specified in Section 6066,
prior to the hearing.
   (2) The city, county, or city and county shall make available, for
public inspection and copying at a cost not to exceed the cost of
duplication, a report no later than the time of publication of the
first notice of the hearing mandated by this section. This report
shall contain both of the following:
   (A) A copy of the proposed sale or lease.
   (B) A summary that describes and specifies all of the following:
   (i) The cost of the agreement to the city, county, or city and
county, including land acquisition costs, clearance costs, relocation
costs, the costs of any improvements to be provided by the city,
county, or city and county, plus the expected interest on any loans
or bonds to finance the agreements.
   (ii) The estimated value of the interest to be conveyed or leased,
determined at the highest and best uses permitted under the general
plan or zoning.
   (iii) The estimated value of the interest to be conveyed or
leased, determined at the use and with the conditions, covenants, and
development costs required by the sale or lease. The purchase price
or present value of the lease payments which the lessor will be
required to make during the term of the lease. If the sale price or
total rental amount is less than the fair market value of the
interest to be conveyed or leased, determined at the highest and best
use, then the city, county, or city and county shall provide as part
of the summary an explanation of the reasons for the difference.
   (iv) An explanation of why the sale or lease of the property will
assist in the creation of economic opportunity, with reference to all
supporting facts and materials relied upon in making this
explanation.
   (v) The report shall be made available to the public no later than
the time of publication of the first notice of the hearing mandated
by this section.
   (b) The resolution approving the lease or sale shall be adopted by
a majority vote unless the legislative body has provided by
ordinance for a two-thirds vote for that purpose and shall contain a
finding that the sale or lease of the property will assist in the
creation of economic opportunity. The resolution shall also contain
one of the following findings:
   (1) The consideration is not less than the fair market value at
its highest and best use.
   (2) The consideration is not less than the fair reuse value at the
use and with the covenants and conditions and development costs
authorized by the sale or lease.
   52202.  A city, county, or city and county may establish a program
under which it loans funds to owners or tenants for the purpose of
rehabilitating commercial buildings or structures.
   52203.  (a) As part of an agreement that provides for the
development or rehabilitation of property that will be used for
industrial or manufacturing purposes, a city, county, or city and
county may assist with the financing of facilities or capital
equipment, including, but not necessarily limited to, pollution
control devices.
   (b) Prior to entering into an agreement for a development that
will be assisted pursuant to this section, a city, county, or city
and county shall find, after a public hearing, that the assistance is
necessary for the economic feasibility of the development and that
the assistance cannot be obtained on economically feasible terms in
the private market.
      CHAPTER 3.  OTHER PROCEDURES AND ACTIVITIES


   52205.  For purposes of this chapter, 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 of the
Health and Safety Code to implement Chapter 6.7 (commencing with
Section 25280) of, and Chapter 6.75 (commencing with Section
25299.10) of, Division 20 of the Health and Safety Code.
   (2) A local officer who is authorized pursuant to Section 101087
of the Health and Safety Code to supervise a remedial action.
   (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 of
the Health and Safety Code.
   (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 of the Health
and Safety Code and "remove" includes any action set forth in
Section 25323 of the Health and Safety Code.
   (h) "Responsible party" means any person described in subdivision
(a) of Section 25323.5 of the Health and Safety Code or subdivision
(a) of Section 13304 of the Water Code.
   52206.  (a) (1) A city, county, or city and county may take any
actions that the city, county, or city and county determines are
necessary and that are consistent with other state and federal laws
to remedy or remove a release of hazardous substances on, under, or
from property within its jurisdiction, whether the city, county, or
city and county owns that property or not, subject to the conditions
specified in subdivision (b). Unless an administering agency has been
designated under Section 25262 of the Health and Safety Code, the
city, county, or city and county shall request cleanup guidelines
from the department or the California regional water quality control
board before taking action to remedy or remove a release. The
department or the California regional water quality control board
shall respond to the city's, county's, or city and county's request
to provide cleanup guidelines within a reasonable period of time. The
city, county, or city and county shall thereafter submit for
approval a cleanup or remedial action plan to the department or the
California regional water quality control board before taking action
to remedy or remove a release. The department or the California
regional water quality control board shall respond to the city's,
county's, or city and county's request for approval of a cleanup or
remedial action plan within a reasonable period of time.
   (2) The city, county, or city and county shall provide the
department and local health and building departments, the California
regional water quality control board, with notification of any
cleanup activity pursuant to this section at least 30 days before the
commencement of the activity. If an action taken by a city, county,
or city and county or a responsible party to remedy or remove a
release of a hazardous substance does not meet, or is not consistent
with, a remedial action plan or cleanup plan approved by the
department or the California regional water quality control board,
the department or the California regional water quality control board
that approved the cleanup or remedial action plan may require the
city, county, or city and county to take, or cause the taking of,
additional action to remedy or remove the release, as provided by
applicable law. If an administering agency for the site has been
designated under Section 25262 of the Health and Safety Code, any
requirement for additional action may be imposed only as provided in
Sections 25263 and 25265 of the Health and Safety Code. If methane or
landfill gas is present, the city, county, or city and county shall
obtain written approval from the California Integrated Waste
Management Board prior to taking that action.
   (b) Except as provided in subdivision (c), a city, county, or city
and county may take the actions specified in subdivision (a) only
under one of the following conditions:
   (1) There is no responsible party for the release identified by
the city, county, or city and county.
   (2) A party determined by the city, county, or city and county to
be a responsible party for the release has been notified by the city,
county, or city and county or has received adequate notice from the
department, a California regional water quality control board, the
California Environmental Protection Agency, or other governmental
agency with relevant authority and has been given 60 days to respond
and to propose a remedial action plan and schedule, and the
responsible party has not agreed within an additional 60 days to
implement a plan and schedule to remedy or remove the release that is
acceptable to the city, county, or city and county and that has been
found by the city, county, or city and county to be consistent, to
the maximum extent possible, with the priorities, guidelines,
criteria, and regulations contained in the National Contingency Plan
and published pursuant to Section 9605 of Title 42 of the United
States Code for similar releases, situations, or events.
   (3) The party determined by the city, county, or city and county
to be the responsible party for the hazardous substance release
entered into an agreement with the city, county, or city and county
to prepare a remedial action plan for approval by the department, the
California regional water quality control board, or the appropriate
local agency and to implement the remedial action plan in accordance
with an agreed schedule, but failed to prepare the remedial action
plan, failed to implement the remedial action plan in accordance with
the agreed schedule, or otherwise failed to carry out the remedial
action in an appropriate and timely manner. Any action taken by the
city, county, or city and county pursuant to this paragraph shall be
consistent with any agreement between the city, county, or city and
county and the responsible party and with the requirements of the
state or local agency that approved or will approve the remedial
action plan and is overseeing or will oversee the preparation and
implementation of the remedial action plan.
   (c) Subdivision (b) does not apply to either of the following:
   (1) A city, county, or city and county taking actions to
investigate or conduct feasibility studies concerning a release.
   (2) A city, county, or city and county taking the actions
specified in subdivision (a) if the city, county, or city and county
determines that conditions require immediate action.
   (d) A city, county, or city and county may designate a local
agency in lieu of the department or the California regional water
quality control board to review and approve a cleanup or remedial
action plan and to oversee the remediation or removal of hazardous
substances from a specific hazardous substance release site in
accordance with the following conditions:
   (1) The local agency may be so designated if it is designated as
the administering agency under Section 25262 of the Health and Safety
Code. In that event, the local agency, as the administering agency,
shall conduct the oversight of the remedial action in accordance with
Chapter 6.65 (commencing with Section 25260) of Division 20 of the
Health and Safety Code and all provisions of that chapter shall apply
to the remedial action.
   (2) The local agency may be so designated if cleanup guidelines
were requested from a California regional water quality control
board, and the site is an underground storage tank site subject to
Chapter 6.7 (commencing with Section 25280) of Division 20 of the
Health and Safety Code, the local agency has been certified as a
certified unified program agency pursuant to Section 25404.1 of the
Health and Safety Code, the State Water Resources Control Board has
entered into an agreement with the local agency for oversight of
those sites pursuant to Section 25297.1 of the Health and Safety
Code, the local agency determines that the site is within the
guidelines and protocols established in, and pursuant to, that
agreement, and the local agency consents to the designation.
   (3) A local agency may not consent to the designation by a city,
county, or city and county unless the local agency determines that it
has adequate staff resources and the requisite technical expertise
and capabilities available to adequately supervise the remedial
action.
   (4) (A) If a local agency has been designated pursuant to
paragraph (2), the department or a California regional water quality
control board may require that a local agency withdraw from the
designation, after providing the city, county, or city and county
with adequate notice, if both of the following conditions are met:
   (i) The department or a California regional water quality control
board determines that a city's, county's, or city and county's
designation of a local agency was not consistent with paragraph (2),
or makes one of the findings specified in subdivision (d) of Section
101480 of the Health and Safety Code.
   (ii) The department or a California regional water quality control
board determines that it has adequate staff resources and
capabilities available to adequately supervise the remedial action,
and it assumes that responsibility.
   (B) This paragraph shall not prevent a California regional water
quality control board from taking any action pursuant to Division 7
(commencing with Section 13000) of the Water Code.
   (5) If a local agency has been designated pursuant to paragraph
(2), the local agency may, after providing the city, county, or city
and county with adequate notice, withdraw from its designation after
making one of the findings specified in subdivision (d) of Section
101480 of the Health and Safety Code.
   (e) To facilitate  redevelopment planning, the
city, county, or city and county may require the owner or operator of
any site within a project area to provide the city, county, or city
and county with all existing environmental information pertaining to
the site, including the results of any phase I or subsequent
environmental assessment, as defined in Section 25200.14 of the
Health and Safety Code, any assessment conducted pursuant to an order
from, or agreement with, any federal, state or local agency, and any
other environmental assessment information, except that which is
determined to be privileged. The person requested to furnish the
information shall be required only to furnish that information as may
be within their possession or control, including actual knowledge of
information within the possession or control of any other party. If
environmental assessment information is not available, the city,
county, or city and county may require the owner of the property to
conduct an assessment in accordance with standard real estate
practices for conducting phase I or phase II environmental
assessments.
   52207.  (a) Notwithstanding any other law, a city, county, or city
and county that undertakes and completes an action, or causes
another person to undertake and complete an action pursuant to
Section 52206, as specified in subdivision (c), to remedy or remove a
hazardous substance release on, under, or from property within its
jurisdiction, in accordance with a cleanup or remedial action plan
prepared by a qualified independent contractor and approved by the
department or a California regional water quality control board or
the local agency, as appropriate, pursuant to subdivision (b), is not
liable, with respect to that release only, under Division 7
(commencing with Section 13000) of the Water Code or 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 of the Health and
Safety Code, or any other state or local law providing liability for
remedial or removal actions for releases of hazardous substances. If
the remedial action was also performed pursuant to Chapter 6.65
(commencing with Section 25260) of Division 20 of the Health and
Safety Code, and a certificate of completion is issued pursuant to
subdivision (b) of Section 25264 of the Health and Safety Code, the
immunity from agency action provided by the certificate of
completion, as specified in subdivision (c) of Section 25264 of the
Health and Safety Code, shall apply to the city, county, or city and
county, in addition to the immunity conferred by this section. In the
case of a remedial action performed pursuant to Chapter 6.65
(commencing with Section 25260) of Division 20 of the Health and
Safety Code, 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 of the Health and Safety Code are limits on any immunity
provided for by this section and subdivision (c) of Section 25264 of
the Health and Safety Code.
   (b) Upon approval of any cleanup or remedial action plan, pursuant
to applicable statutes and regulations, the director or the
California regional water quality control board or the local agency,
as appropriate, shall acknowledge, in writing, within 60 days of the
date of approval, that upon proper completion of the remedial or
removal action in accordance with the plan, the immunity provided by
this section shall apply to the city, county, or city and county.
   (c) Notwithstanding any other law or policy providing for
certification by a person conducting a remedial or removal action
that the action has been properly completed, a determination that a
remedial or removal action has been properly completed pursuant to
this section shall be made only upon the affirmative approval of the
director or the California regional water quality control board or
the local agency, as appropriate. The department, California regional
water quality control board, or local agency, as appropriate, shall,
within 60 days of the date it finds that a remedial action has been
completed, notify the city, county, or city and county in writing
that the immunity provided by this section is in effect.
   (d) The approval of a cleanup or remedial action plan under this
section by a local agency shall also be subject to the concurrent
approval of the department or a California regional water quality
control board when the city, county, or city and county receiving the
approval formed the local agency.
   (e) Upon proper completion of a remedial or removal action, as
specified in subdivision (c), the immunity from agency action
provided by the certificate of completion provided pursuant to
subdivision (c) of Section 25264 of the Health and Safety Code 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 or remedial action plan and not
for any subsequent release or any release not specifically identified
in the approved cleanup or remedial action plan:
   (1) Any employee or agent of the city, county, or city and county,
including an instrumentality of the city, county, or city and county
authorized to exercise some, or all, of the powers of a city,
county, or city and county and any employee or agent of the
instrumentality.
   (2) Any person who enters into an agreement with a city, county,
or city and county for reuse of the property, if the agreement
requires the person to acquire property affected by a hazardous
substance release or to remove or remedy a hazardous substance
release with respect to that property.
   (3) Any person who acquires the property after a person has
entered into an agreement with a city, county, or city and county for
reuse of the property as described in paragraph (2).
   (4) Any person who provided financing to a person specified in
paragraph (2) or (3).
   (f) Notwithstanding any other law, the immunity provided by this
section does not extend to any of the following:
   (1) Any person who was a responsible party for the release before
entering into an agreement, acquiring property, or providing
financing, as specified in subdivision (e).
   (2) Any person specified in subdivision (a) or (e) for any
subsequent release of a hazardous substance or any release of a
hazardous substance not specifically identified in the approved
cleanup or remedial action plan.
   (3) Any contractor who prepares the cleanup or remedial action
plan, or conducts the removal or remedial action.
   (4) Any person who obtains an approval, as specified in
subdivision (b), or a determination, as specified in subdivision (c),
by fraud, negligent or intentional nondisclosure, or
misrepresentation, and any person who 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 (e), that the approval or determination was obtained
by these means.
   (g) The immunity provided by this section is in addition to any
other immunity of a city, county, or city and county provided by law.

                        (h) This section shall not impair any cause
of action by a city, county, or city and county or any other party
against the person, firm, or entity responsible for the hazardous
substance release that is the subject of the removal or remedial
action taken by the city, county, or city and county or other person
immune from liability pursuant to this section.
   (i) This section shall not apply to, or limit, alter, or restrict,
any action for personal injury, property damage, or wrongful death.
   (j) This section shall not limit liability of a person described
in paragraph (3) or (4) of subdivision (e) for damages under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
   (k) This section shall not establish, limit, or affect the
liability of a city, county, or city and county for any release of a
hazardous substance that is not investigated or remediated pursuant
to this section or Chapter 6.65 (commencing with Section 25260) of
Division 20 of the Health and Safety Code.
   (l) The immunity provided for by this section shall only be
conferred if both of the following apply:
   (1) The action is in accordance with a cleanup or remedial action
plan prepared by a qualified independent contractor and approved by
the department or a California regional water quality control board
or the local city, county, or city and county, as appropriate,
pursuant to subdivision (b).
   (2) The remedial or removal action is undertaken and properly
completed, as specified in subdivision (c).
   (m) The city, county, or city and county shall reimburse the
department, the California regional water quality control board, and
the local agency for costs incurred in reviewing or approving cleanup
or remedial action plans pursuant to this section.
   52208.  (a) If a city, county, or city and county undertakes an
action to remedy or remove, or to require others to remedy or remove,
including compelling a responsible party through a civil action to
remedy or remove, a release of hazardous substance, any responsible
party or parties shall be liable to the city, county, or city and
county for the costs incurred in the action. A city, county, or city
and county may not recover the costs of goods and services that were
not procured in accordance with applicable procurement procedures.
The amount of the costs shall include the interest on the costs
accrued from the date of expenditure and reasonable attorney's fees
and shall be recoverable in a civil action. Interest shall be
calculated based on the average annual rate of return on a city's,
county's, or city and county's investment of surplus funds for the
fiscal year in which costs were incurred.
   (b) The only defenses available to a responsible party shall be
the defenses specified in subdivision (b) of Section 25323.5 of the
Health and Safety Code.
   (c) A city, county, or city and county may recover any costs
incurred to develop and to implement a cleanup or remedial action
plan approved pursuant to Sections 52206 and 52207, to the same
extent the department is authorized to recover those costs. The scope
and standard of liability for cost recovery pursuant to this section
shall be the scope and standard of liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9601 et seq.) as that act would apply to the
department; provided, however, that any reference to hazardous
substance therein shall be deemed to refer to hazardous substance as
defined in subdivision (c) of Section 52205.
   (d) An action for recovery of costs of a remedy or removal
undertaken by a  redevelopment  city, county, or
city and county under this section shall be commenced within three
years after completion of the remedy or removal.
   (e) The action to recover costs provided by this section is in
addition to, and is not to be construed as restricting, any other
cause of action available to a city, county, or city and county.
   (f) Except as provided in subdivision (m) of Section 52207,
notwithstanding any other provision of state law or policy, a city,
county, or city and county that undertakes and completes a remedial
action, or otherwise causes a remedial action to be undertaken and
completed pursuant to Sections 52206 and 52207, shall not be liable,
based on its ownership of property after a release occurred, for any
costs that any responsible party for that release incurs to
investigate or remediate the release or to compensate others for the
effects of that release.
   52209.  Except as provided in Section 52207, nothing in this
chapter shall limit the powers of the State Water Resources Control
Board or a California regional water quality control board to enforce
Division 7 (commencing with Section 13000) of the Water Code.
      CHAPTER 4.  VOLUNTARY TAX-SHARING AGREEMENTS


   52210.  (a) A city, county, or city and county may enter into a
voluntary agreement with another city, county, or city and county, or
a local taxing entity or joint powers authority, to jointly finance
a project authorized by Section  52200.1.  
52200.4. 
   (b) This section shall not authorize a city, county, or city and
county to collect and spend tax dollars from another jurisdiction
without their written consent.