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AB-1596 Hazardous substances: contaminated property: fentanyl cleanup.(2019-2020)

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Date Published: 10/10/2019 09:00 PM
AB1596:v94#DOCUMENT

Assembly Bill No. 1596
CHAPTER 691

An act to amend Sections 25400.10, 25400.11, 25400.16, 25400.17, 25400.18, 25400.19, 25400.20, 25400.22, 25400.25, 25400.26, 25400.27, 25400.28, 25400.30, 25400.36, 25400.45, 25400.46, and 25400.47 of, to amend the heading of Chapter 6.9.1 (commencing with Section 25400.10) of Division 20 of, and to amend the heading of Article 1 (commencing with Section 25400.10) of Chapter 6.9.1 of Division 20 of, the Health and Safety Code, relating to hazardous substances.

[ Approved by Governor  October 09, 2019. Filed with Secretary of State  October 09, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1596, Committee on Environmental Safety and Toxic Materials. Hazardous substances: contaminated property: fentanyl cleanup.
Existing law provides that a person who is found to have operated a site for the purpose of manufacturing an illegal controlled substance or the precursor of an illegal controlled substance is the generator of a hazardous substance at, or released from, the site that is subject to removal action by the Department of Toxic Substances Control.
Existing law, the Methamphetamine Contaminated Property Cleanup Act of 2005, requires a local health officer to take specified actions after receiving notification from a law enforcement agency of potential contamination of, or of known or suspected contamination of, property by a methamphetamine laboratory activity, including, among other actions, posting a written notice in a prominent location on the premises of the property. The act requires a property owner who receives an order that the property owned by that person is contaminated by a methamphetamine laboratory activity, a property owner who owns property that is the subject of an order, and a person occupying the property to immediately vacate the affected unit. The act requires the property owner to retain a methamphetamine laboratory site remediation firm that is an authorized contractor meeting certain requirements, as described, to remediate the contamination caused by methamphetamine laboratory activity. A violation of certain provisions of the act is subject to specified civil penalties.
This bill would rename the act the Methamphetamine or Fentanyl Contaminated Property Cleanup Act and would additionally apply all of its provisions to fentanyl contaminated property, including property owner site assessment, remediation, cleanup, and financial liability, civil penalties, and local health officer responsibilities. By imposing additional duties on local health officers, the bill would impose a state-mandated local program.
The act, for purposes of determining whether a property contaminated by methamphetamine laboratory activity is safe for human occupancy, provides a specified standard for maximum methamphetamine levels and provides additional standards for maximum levels of lead and mercury if the methamphetamine laboratory activity included the use of lead or mercury compounds. The act makes these standards inoperative on the date that the Department of Toxic Substances Control, in consultation with the Office of Environmental Health Hazard Assessment, adopts a health-based target remediation standard for methamphetamine to determine when a property contaminated by methamphetamine laboratory activity only is safe for human occupancy.
This bill would make those standards inoperative instead on the date that a state or federal agency adopts that standard.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The heading of Chapter 6.9.1 (commencing with Section 25400.10) of Division 20 of the Health and Safety Code is amended to read:
CHAPTER  6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act

SEC. 2.

 The heading of Article 1 (commencing with Section 25400.10) of Chapter 6.9.1 of Division 20 of the Health and Safety Code is amended to read:
Article  1. General Provisions

SEC. 3.

 Section 25400.10 of the Health and Safety Code is amended to read:

25400.10.
 (a) The Legislature finds and declares all of the following:
(1) Methamphetamine use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of methamphetamine where those chemicals remain and where the contamination has not been remediated.
(2) Initial cleanup actions may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where methamphetamine production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated.
(3) Once methamphetamine laboratories have been closed, the public may be harmed by the materials and residues that remain.
(4) There is no statewide standardization of standards for determining when a site of a closed methamphetamine laboratory has been successfully remediated.
(5) Fentanyl use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of fentanyl where those chemicals remain and where the contamination has not been remediated.
(6) Initial cleanup actions of fentanyl contaminated property may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where fentanyl production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated.
(7) Once fentanyl laboratories have been closed, the public may be harmed by the materials and residues that remain. Skin absorption is a possible route of exposure and elevates the risk to public health.
(8) There are no statewide standards for determining when the site of a closed fentanyl drug laboratory has been successfully remediated.
(b) This chapter shall be known, and may be cited as, the “Methamphetamine or Fentanyl Contaminated Property Cleanup Act.”

SEC. 4.

 Section 25400.11 of the Health and Safety Code is amended to read:

25400.11.
 For purposes of this chapter, the following definitions shall apply:
(a) “Authorized contractor” means a person who has been trained or received other qualifications pursuant to Section 25400.40.
(b) “Contaminated” or “contamination” means property polluted by a hazardous chemical related to methamphetamine or fentanyl laboratory activities.
(c) “Controlled substance” has the same meaning as defined in Section 11007.
(d) “Decontamination” means the process of reducing the level of a known contaminant to a level that is deemed safe for human reoccupancy, as established pursuant to Section 25400.16 using currently available methods and processes.
(e) “Department” means the Department of Toxic Substances Control.
(f) “Designated local agency” means either of the following:
(1) A city or county agency designated by the local health officer to carry out all, or any portion of, responsibilities assigned to the local health office as specified by this chapter. The local health officer may authorize any of the following to serve as a designated local agency:
(A) The Certified Unified Program or CUPA as certified pursuant to Chapter 6.11 (commencing with Section 25404), except in a jurisdiction where the state is acting as the CUPA pursuant to subdivision (f) of Section 25404.3.
(B) The fire department or environmental health department.
(C) The local agency responsible for enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13).
(2) For property specified in paragraph (2) of subdivision (v), notwithstanding Section 18300, the city or county agency specified in paragraph (1) authorized by the local health officer in that jurisdiction.
(g) “Disposal of contaminated property” means the disposal of property that is a hazardous waste in accordance with Chapter 6.5 (commencing with Section 25100).
(h) “Fentanyl” means fentanyl, an analog of fentanyl that is a fentanyl-related controlled substance, and any chemical structure modification to fentanyl or a fentanyl analog, including, but not limited to, its isomers, esters, ethers, and salts.
(i) “Fentanyl laboratory activity” means the illegal manufacturing or storage of fentanyl. This shall include manufacturing, compounding, converting, producing, deriving, processing, or preparing, either directly or indirectly by chemical extraction, pill pressing, distribution, cutting, diluting, synthesis, or other activity that has the potential to contaminate the property with fentanyl or any of its precursors.
(j) “Hazardous chemical” means a chemical that is determined by the local health officer to be toxic, carcinogenic, explosive, corrosive, or flammable that was used in the manufacture or storage of methamphetamine that is prohibited by Section 11383 or fentanyl.
(k) “Illegal methamphetamine or fentanyl manufacturing or storage site” or “site” means property where a person manufactures methamphetamine or fentanyl or stores a hazardous chemical used in connection with the manufacture of methamphetamine or fentanyl.
(l) “Local health officer” means either of the following:
(1) Except as provided in paragraph (2), a county health officer, a city health officer, or an authorized representative of that local health officer.
(2) In the case of property specified in paragraph (2) of subdivision (v), an authorized representative of the designated agency specified in paragraph (2) of subdivision (f).
(m) “Manufactured home” means both of the following:
(1) “Manufactured home,” as defined in Section 18007.
(2) “Multiunit manufactured housing,” as defined in Section 18008.7.
(n) “Methamphetamine laboratory activity” means the illegal manufacturing or storage of methamphetamine.
(o) “Mobilehome” has the same meaning as defined in Section 18008.
(p) “Mobilehome park” means both of the following:
(1) “Mobilehome park,” as defined in Section 18214 or 18214.1.
(2) “Manufactured housing community,” as defined in Section 18801.
(q) “Office” means the Office of Environmental Health Hazard Assessment.
(r) “Posting” means attaching a written or printed announcement conspicuously on property that is determined to be contaminated by a methamphetamine or fentanyl laboratory activity or the storage of methamphetamine, fentanyl, or a hazardous chemical.
(s) “Preliminary site assessment work plan” or “PSA work plan” means a plan to conduct activities to determine the extent and level of contamination of an illegal methamphetamine or fentanyl manufacturing or storage site and that is prepared in accordance with the requirements of Section 25400.36.
(t) “Preliminary site assessment” or “PSA” means the activities taken to determine the extent and level of contamination of an illegal methamphetamine or fentanyl manufacturing or storage site that are conducted in accordance with an approved PSA work plan.
(u) “Preliminary site assessment report” or “PSA report” means a determination that the levels of contamination at an illegal methamphetamine or fentanyl manufacturing or storage site require remediation, including a recommendation for the remedial actions required for the site to meet human occupancy standards, and that is prepared in accordance with Section 25400.37.
(v) (1) “Property” means a parcel of land, structure, or part of a structure where the manufacture of methamphetamine or fentanyl or storage of methamphetamine, fentanyl, or a hazardous chemical occurred.
(2) “Property” also includes any of the following where the manufacture of methamphetamine or fentanyl or storage of methamphetamine, fentanyl, or a hazardous chemical occurred:
(A) A mobilehome park.
(B) A mobilehome or manufactured home located in a mobilehome park or special occupancy park, or a recreational vehicle sited in a mobilehome park or special occupancy park, including any accessory building or structure under the ownership or control of the owner of the manufactured home, mobilehome, or recreational vehicle sited in the mobilehome park or special occupancy park.
(C) A special occupancy park.
(3) If a mobilehome or manufactured home is not located in a mobilehome park or special occupancy park, then paragraph (1) is applicable to that mobilehome or manufactured home.
(w) (1) “Property owner” means a person owning property by reason of obtaining it by purchase, exchange, gift, lease, inheritance, or legal action, and who is responsible for the remediation of the property pursuant to this chapter.
(2) “Owner,” for purposes of a mobilehome park, means the owner of the real property on which the mobilehome park is located.
(3) “Owner,” for purposes of a special occupancy park, means the owner of the real property on which the special occupancy park is located.
(x) “Recreational vehicle” has the same meaning as defined in Section 18010, but only if that vehicle is sited in a mobilehome park or special occupancy park.
(y) “Special occupancy park” has the same meaning as defined in Section 18862.43.
(z) “Storage site” means any property used for the storage of a hazardous chemical, methamphetamine, or fentanyl.
(aa) “Vehicle license stop” means the Department of Motor Vehicles is prohibited from renewing the registration of a vehicle, or from allowing the transfer of any title to, or interest in, that vehicle.
(ab) “Warning” means a sign posted by the local health officer conspicuously on property where methamphetamine or fentanyl was manufactured or stored, informing occupants that hazardous chemicals exist on the premises and that entry is unsafe.

SEC. 5.

 Section 25400.16 of the Health and Safety Code is amended to read:

25400.16.
 (a) Property contaminated by methamphetamine laboratory activity is safe for human occupancy for purposes of this chapter only if the level of methamphetamine on an indoor surface is less than, or equal to, 1.5 micrograms per 100 square centimeters.
(b) Except as provided in subdivision (c), if property is contaminated by methamphetamine laboratory activity that included the use of lead or mercury compounds, in addition to the requirements of subdivision (a), property is safe for human occupancy for purposes of this chapter only if both of the following standards are met with regard to that property:
(1) The total level of lead is less than, or equal to, 20 micrograms per square foot.
(2) The level of mercury is less than, or equal to, 50 nanograms per cubic meter in air.
(c) Subdivisions (a) and (b) shall become inoperative on the effective date that a state or federal agency adopts a health-based target remediation standard for methamphetamine to determine when a property contaminated by methamphetamine laboratory activity only is safe for human occupancy, in which case any reference in this chapter to a human-occupancy methamphetamine standard specified in this section shall mean only the health-based target remediation standard for methamphetamine adopted by that state or federal agency.
(d) Property contaminated by fentanyl laboratory activity is safe for human occupancy for purposes of this chapter only if the level of fentanyl on an indoor surface is below the detection level.
(e) Subdivision (d) shall become inoperative on the effective date that a state or federal agency adopts a health-based target remediation standard for fentanyl to determine when a property contaminated by fentanyl laboratory activity only is safe for human occupancy, in which case any reference in this chapter to a human-occupancy fentanyl standard specified in this section shall mean only the health-based target remediation standard for fentanyl adopted by that state or federal agency.
(f) This section does not preclude a state or federal agency from adopting stricter health-based remediation standards than required under this section.

SEC. 6.

 Section 25400.17 of the Health and Safety Code is amended to read:

25400.17.
 (a) Notwithstanding any other law, a city, county, or city and county shall comply with the uniform regulations and standards established pursuant to this chapter.
(b) A local health officer may delegate all or part of the duties specified in this chapter to a designated local agency.
(c) If a methamphetamine or fentanyl laboratory activity has taken place at a property, the local health officer shall assume that the methamphetamine or fentanyl manufacturing process has led to some degree of chemical contamination and shall take action pursuant to this chapter.

SEC. 7.

 Section 25400.18 of the Health and Safety Code is amended to read:

25400.18.
 Within 48 hours after receiving notification from a law enforcement agency of potential contamination of property by a methamphetamine or fentanyl laboratory activity, the local health officer shall post a written notice in a prominent location on the premises of the property. At a minimum, the notice shall include all of the following information:
(a) The word “WARNING” in large bold type at the top and bottom of the notice.
(b) A statement that a methamphetamine or fentanyl laboratory was seized on or inside the property or, in the case of a mobilehome, manufactured home, or recreational vehicle, a statement that a methamphetamine or fentanyl laboratory was seized on the property, inside the property, or both of those statements.
(c) The date of the seizure.
(d) The address or location of the property including the identification of any dwelling unit, room number, apartment number, or mobilehome, manufactured home, or recreational vehicle space number or address, or recreational vehicle identification number.
(e) The name and contact telephone number of the agency posting the notice on the property.
(f) A statement specifying that hazardous substances, toxic chemicals, or other hazardous waste products may have been present and may remain on or inside the property.
(g) A statement that it is unlawful for an unauthorized person to enter the contaminated portion of the property until advised that it is safe to do so by the local health officer or designated local agency.
(h) A statement that a person disturbing or destroying the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).
(i) A statement that a person violating the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).

SEC. 8.

 Section 25400.19 of the Health and Safety Code is amended to read:

25400.19.
 Within five working days after receiving a notification from a law enforcement agency of known or suspected contamination of a property by a methamphetamine or fentanyl laboratory activity, or upon notification from the property owner, the local health officer shall inspect the property, including the mobilehome, manufactured home, or recreational vehicle and the land on which it is located, pursuant to this section. In the case of a mobilehome, manufactured home, or recreational vehicle, that is property pursuant to paragraph (2) of subdivision (v) of Section 25400.11, the local health officer shall make the determination specified in subdivision (e) of Section 25400.20 regarding the cause of the contamination and responsibility for the remediation required pursuant to this chapter.
(a) The property inspection shall include, but not be limited to, obtaining evidence of hazardous chemical use or storage and documentation of evidence of any chemical stains, cooking activity, and release or spillage of hazardous chemicals used to manufacture methamphetamine or fentanyl.
(b) In conducting an inspection pursuant to this section, the local health officer may request copies of any law enforcement reports, forensic chemist reports, and any hazardous waste manifests, to evaluate all of the following:
(1) The length of time the property was used as an illegal methamphetamine or fentanyl manufacturing or storage site.
(2) The extent of the property actually used and contaminated in the manufacture of methamphetamine or fentanyl or the storage of methamphetamine, fentanyl, or a hazardous chemical.
(3) The chemical process that was involved in the illegal methamphetamine or fentanyl manufacturing.
(4) The chemicals that were removed from the scene.
(5) The location of the illegal methamphetamine or fentanyl manufacturing or storage site in relation to the habitable areas of the property.

SEC. 9.

 Section 25400.20 of the Health and Safety Code is amended to read:

25400.20.
 (a) Upon completing an inspection pursuant to Section 25400.19, the local health officer shall immediately determine whether the property is contaminated.
(b) If the local health officer determines the property is contaminated, the local health officer shall take the actions specified in Section 25400.22.
(c) If the local health officer determines that the property is not contaminated, within three working days after making that determination, the local health officer shall remove all notices posted pursuant to Section 25400.18 and prepare a written documentation of this determination, which shall include all of the following:
(1) Findings and conclusions.
(2) Name of the property owner, and, if applicable, mailing and street address or space number of the property or vehicle identification number of the recreational vehicle.
(3) Parcel identification number, if applicable.
(d) Within 10 working days after preparing a written documentation of the determination made pursuant to subdivision (c) that the property is not contaminated, the local health officer shall send a copy of the documentation to the property owner, and to the local agency responsible for enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13).
(e) In the case of a property specified in paragraph (2) of subdivision (v) of Section 25400.11, the local health officer shall, upon completing the inspection pursuant to Section 25400.19, determine the responsibility for the remediation required pursuant to this chapter in accordance with the following:
(1) Except as provided in paragraph (3), if the land on which the mobilehome, manufactured home, or recreational vehicle is located is contaminated, the owner of the mobilehome park or special occupancy park shall be held responsible for compliance with this chapter.
(2) Except as provided in paragraph (3), if the mobilehome, manufactured home, or recreational vehicle is contaminated, the registered owner of the mobilehome, manufactured home, or recreational vehicle shall be held responsible for compliance with this chapter.
(3) If both the land on which the mobilehome, manufactured home, or recreational vehicle is located is contaminated and the mobilehome, manufactured home, or recreational vehicle itself is contaminated, the local health officer shall determine, based on the local health officer’s findings and determinations, whether the owner of the mobilehome park or special occupancy park or the registered owner of the mobilehome, manufactured home, or recreational vehicle, or both, shall be held responsible for compliance with this chapter. The local health officer shall submit a notice to each owner determined to be responsible for remediation, as to the owner’s individual responsibility pursuant to this chapter.
(4) If the local health officer makes the determination specified in paragraph (2) or (3), the mobilehome park or special occupancy park manager and the owner of the land on which the mobilehome, manufactured home, or recreational vehicle is located shall also receive a copy of any notice served on the registered owner, lessee, renter, or occupant of the mobilehome, manufactured home, or recreational vehicle.

SEC. 10.

 Section 25400.22 of the Health and Safety Code is amended to read:

25400.22.
 (a) No later than 10 working days after the date when a local health officer determines that property is contaminated pursuant to subdivision (b) of Section 25400.20, the local health officer shall do all of the following:
(1) Except as provided in paragraph (2), if the property is real property, record with the county recorder a lien on the property. The lien shall specify all of the following:
(A) The name of the agency on whose behalf the lien is imposed.
(B) The date on which the property is determined to be contaminated.
(C) The legal description of the real property and the assessor’s parcel number.
(D) The record owner of the property.
(E) The amount of the lien, which shall be the greater of two hundred dollars ($200) or the costs incurred by the local health officer in compliance with this chapter, including, but not limited to, the cost of inspection performed pursuant to Section 25400.19 and the county recorder’s fee.
(2) (A) If the property is a mobilehome or manufactured home specified in paragraph (2) of subdivision (v) of Section 25400.11, amend the permanent record with a restraint on the mobilehome, or manufactured home with the Department of Housing and Community Development, in the form prescribed by that department, providing notice of the determination that the property is contaminated.
(B) If the property is a recreational vehicle specified in paragraph (2) of subdivision (v) of Section 25400.11, perfect by filing with the Department of Motor Vehicles a vehicle license stop on the recreational vehicle in the form prescribed by that department, providing notice of the determination that the property is contaminated.
(C) If the property is a mobilehome or manufactured home, not subject to paragraph (2) of subdivision (v) of Section 25400.11, is located on real property, and is not attached to that real property, the local health officer shall record a lien for the real property with the county recorder, and the Department of Housing and Community Development shall amend the permanent record with a restraint for the mobilehome or manufactured home, in the form and with the contents prescribed by that department.
(3) A lien, restraint, or vehicle license stop issued pursuant to paragraph (2) shall specify all of the following:
(A) The name of the agency on whose behalf the lien, restraint, or vehicle license stop is imposed.
(B) The date on which the property is determined to be contaminated.
(C) The legal description of the real property and the assessor’s parcel number, and the mailing and street address or space number of the manufactured home, mobilehome, or recreational vehicle or the vehicle identification number of the recreational vehicle, if applicable.
(D) The registered owner of the mobilehome, manufactured home, or recreational vehicle, if applicable, or the name of the owner of the real property as indicated in the official county records.
(E) The amount of the lien, if applicable, which shall be the greater of two hundred dollars ($200) or the costs incurred by the local health officer in compliance with this chapter, including, but not limited to, the cost of inspection performed pursuant to Section 25400.19 and the fee charged by the Department of Housing and Community Development and the Department of Motor Vehicles pursuant to paragraph (2) of subdivision (b).
(F) Other information required by the county recorder for the lien, the Department of Housing and Community Development for the restraint, or the Department of Motor Vehicles for the vehicle license stop.
(4) Issue to persons specified in subdivisions (d), (e), and (f) an order prohibiting the use or occupancy of the contaminated portions of the property.
(b) (1) The county recorder’s fees for recording and indexing documents provided for in this section shall be in the amount specified in Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code.
(2) The Department of Housing and Community Development and the Department of Motor Vehicles may charge a fee to cover its administrative costs for recording and indexing documents provided for in paragraph (2) of subdivision (a).
(c) (1) A lien recorded pursuant to subdivision (a) shall have the force, effect, and priority of a judgment lien. The restraint amending the permanent record pursuant to subdivision (a) shall be displayed on any manufactured home or mobilehome title search until the restraint is released. The vehicle license stop shall remain in effect until it is released.
(2) The local health officer shall not authorize the release of a lien, restraint, or vehicle license stop made pursuant to subdivision (a), until one of the following occurs:
(A) The property owner satisfies the real property lien, or the contamination in the mobilehome, manufactured home, or recreational vehicle is abated to the satisfaction of the local health officer consistent with the notice in the restraint, or vehicle license stop and the local health officer issues a release pursuant to Section 25400.27.
(B) For a manufactured home or mobilehome, the local health officer determines that the unit will be destroyed or permanently salvaged. For purposes of this paragraph, the unit shall not be reregistered after this determination is made unless the local health officer issues a release pursuant to Section 25400.27.
(C) The lien, restraint, or vehicle license stop is extinguished by a senior lien in a foreclosure sale.
(d) Except as otherwise specified in this section, an order issued pursuant to this section shall be served, either personally or by certified mail, return receipt requested, in the following manner:
(1) For real property, to all known occupants of the property and to all persons who have an interest in the property, as contained in the records of the recorder’s office of the county in which the property is located.
(2) In the case of a mobilehome or manufactured home, the order shall be served to the legal owner, as defined in Section 18005.8, each junior lienholder, as defined in Section 18005.3, and the registered owner, as defined in Section 18009.5.
(3) In the case of a recreational vehicle, the order shall be served on the legal owner, as defined in Section 370 of the Vehicle Code, and the registered owner, as defined in Section 505 of the Vehicle Code.
(e) If the whereabouts of the person described in subdivision (d) are unknown and cannot be ascertained by the local health officer, in the exercise of reasonable diligence, and the local health officer makes an affidavit to that effect, the local health officer shall serve the order by personal service or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, as follows:
(1) The order related to real property shall be served to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, and to all occupants of the affected unit.
(2) In the case of a mobilehome or manufactured home, the order shall be served to the legal owner, as defined in Section 18005.8, each junior lienholder, as defined in Section 18005.3, and the registered owner, as defined in Section 18009.5, at the address appearing on the permanent record and all occupants of the affected unit at the mobilehome park space.
(3) In the case of a recreational vehicle, the order shall be served on the legal owner, as defined in Section 370 of the Vehicle Code, and the registered owner, as defined in Section 505 of the Vehicle Code, at the address appearing on the permanent record and all occupants of the affected vehicle at the mobilehome park or special occupancy park space.
(f) (1) The local health officer shall also mail a copy of the order required by this section to the address of each person or party having a recorded right, title, estate, lien, or interest in the property and to the association of a common interest development, as defined in Sections 4080 and 4100 or Sections 6528 and 6534 of the Civil Code.
(2) In addition to the requirements of paragraph (1), if the affected property is a mobilehome, manufactured home, or recreational vehicle specified in paragraph (2) of subdivision (v) of Section 25400.11, the order issued by the local health officer shall also be served, either personally or by certified mail, return receipt requested, to the owner of the mobilehome park or special occupancy park.
(g) The order issued pursuant to this section shall include all of the following information:
(1) A description of the property.
(2) The parcel identification number, address, or space number, if applicable.
(3) The vehicle identification number, if applicable.
(4) A description of the local health officer’s intended course of action.
(5) A specification of the penalties for noncompliance with the order.
(6) A prohibition on the use of all or portions of the property that are contaminated.
(7) A description of the measures the property owner is required to take to decontaminate the property.
(8) An indication of the potential health hazards involved.
(9) A statement that a property owner who fails to provide a notice or disclosure that is required by this chapter is subject to a civil penalty of up to five thousand dollars ($5,000).
(h) The local health officer shall provide a copy of the order to the local building or code enforcement agency or other appropriate agency responsible for the enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13).
(i) The local health officer shall post the order in a conspicuous place on the property within one working day of the date that the order is issued.

SEC. 11.

 Section 25400.25 of the Health and Safety Code is amended to read:

25400.25.
 (a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine or fentanyl laboratory activity, a property owner who owns property that is the subject of an order posted pursuant to subdivision (i) of Section 25400.22, and a person occupying property that is the subject of the order, shall immediately vacate the affected unit, including the mobilehome, manufactured home, or recreational vehicle, as applicable, and any accessory building or structure related thereto, that is determined to be in a hazardous zone by the local health officer.
(b) In addition to authority granted by the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) and the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the owner of a mobilehome park or special occupancy park in which a manufactured home, mobilehome, or recreational vehicle subject to the order is located may terminate tenancy in order to obtain possession of the space by service of a three-day notice to quit in accordance with paragraph (4) of Section 1161 of the Code of Civil Procedure.
(c) No later than 30 days after receipt of an order issued pursuant to Section 25400.22, the property owner shall demonstrate to the local health officer that the property owner has retained a methamphetamine or fentanyl laboratory site remediation firm that is an authorized contractor to remediate the contamination caused by the methamphetamine or fentanyl laboratory activity.

SEC. 12.

 Section 25400.26 of the Health and Safety Code is amended to read:

25400.26.
 (a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine or fentanyl laboratory activity, or a property owner who owns property that is the subject of an order posted pursuant to subdivision (i) of Section 25400.22, shall utilize the services of an authorized contractor to remediate the contamination caused by the methamphetamine or fentanyl laboratory activity, in accordance with the procedures specified in this section.
(b) The property owner and the local health officer shall keep all required records documenting decontamination procedures for three years following certification that the property is habitable.
(c) The property owner or the property owner’s authorized contractor shall submit a preliminary site assessment work plan to the local health officer for review no later than 30 days after demonstrating to the local health officer that an authorized contractor has been retained to remediate the contamination caused by the methamphetamine or fentanyl laboratory activity.
(d) (1) No later than 10 working days after the date the PSA work plan is submitted by the property owner, or the property owner’s authorized contractor, the local health officer shall review the PSA work plan to determine whether the PSA work plan complies with this chapter, including the procedures established pursuant to Section 25400.35.
(2) If there are any deficiencies in a submitted PSA work plan, the local health officer shall inform the property owner and authorized contractor, in writing, of those deficiencies no later than 15 days of the date that the PSA work plan was submitted to the local health officer.
(3) If the local health officer approves the plan, the local health officer shall inform in writing, the property owner and authorized contractor no later than 15 days of the date that the PSA work plan was submitted to the local health officer.
(e) (1) After a PSA is completed in accordance with the PSA work plan, the property owner and authorized contractor shall prepare a PSA report in accordance with Section 25400.37 and submit the PSA report to the local health officer.
(2) If after a PSA is completed in accordance with a PSA work plan, and the local health officer, upon review of the PSA report, determines there is no level of contamination at a site that requires remediation, the local health officer shall take the actions specified in Section 25400.27.
(f) The property owner shall complete remediation of all applicable portions of the contaminated property in accordance with this chapter no later than 90 days after the date that the PSA work plan has been approved by the local health officer. The local health officer may extend the date for completion of the remediation, in writing.
(g) If the owner of a mobilehome park performs the remediation on a manufactured home, mobilehome, or recreational vehicle that is property pursuant to paragraph (2) of subdivision (v) of Section 25400.11, the owner of the mobilehome park shall comply with the property owner requirements in subdivisions (a), (b), (c), (e), and (f), and the local health officer shall provide information to that owner as required by subdivision (d).

SEC. 13.

 Section 25400.27 of the Health and Safety Code is amended to read:

25400.27.
 (a) If a local health officer determines that property that has been the subject of a PSA report has been remediated in accordance with this chapter, or if the local health officer makes the determination specified in paragraph (2) of subdivision (e) of Section 25400.26, the local health officer shall issue a no further action determination.
(b) Within 10 working days of the date of making the determination or of receiving payment for the amount of the lien recorded on real property pursuant to paragraph (1) of subdivision (a) of Section 25400.22, whichever is later, the local health officer shall do all of the following:
(1) If the real property was the source of the contamination, release the real property lien recorded with the county recorder. The release shall specify all of the following:
(A) The name of the agency on whose behalf the lien is imposed.
(B) The recording date of the lien being released.
(C) The legal description of the real property and the assessor’s parcel number.
(D) The record owner of the property.
(E) The recording instrument, or book and page, of the lien being released.
(2) If a mobilehome or manufactured home that is property pursuant to paragraph (2) of subdivision (v) of Section 25400.11 was the source of the contamination, release the restraint amended into the permanent record of the Department of Housing and Community Development, if the permanent record was amended previously with a restraint. The release shall specify all of the following:
(A) The name of the agency on whose behalf the restraint was filed.
(B) The date on which the property was determined to be contaminated.
(C) The legal identification number of the unit for which the restraint is being released.
(D) The legal owner, registered owner, and any junior lienholders of the manufactured home or mobilehome.
(3) If a recreational vehicle that is property pursuant to paragraph (2) of subdivision (v) of Section 25400.11 was the source of the contamination, release the vehicle license stop filed with the Department of Motor Vehicles. The release shall specify all of the following:
(A) The name of the agency on whose behalf the vehicle license stop is imposed.
(B) The recording date of the vehicle license stop being released.
(C) The vehicle identification number.
(D) The legal and registered owner of the property.
(4) Send a copy of the release stating that the property was remediated in accordance with this chapter, does not violate the standard for human occupancy established pursuant to this chapter, and is habitable, or was salvaged or destroyed pursuant to subparagraph (B) of paragraph (2) of subdivision (c) of Section 25400.22, to the property owner, owner of the mobilehome park or special occupancy park in which the property is located, to the property owner, local agency responsible for the enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13), and all recipients pursuant to this section and Section 25400.22.

SEC. 14.

 Section 25400.28 of the Health and Safety Code is amended to read:

25400.28.
 Until a property owner subject to Section 25400.25 receives a notice from a local health officer pursuant to Section 25400.27 that the property identified in an order requires no further action, all of the following shall apply to that property:
(a) Except as otherwise required in Section 1102.3 or 1102.3a of the Civil Code, the property owner shall notify the prospective buyer in writing of the pending order, and provide the prospective buyer with a copy of the pending order. The prospective buyer shall acknowledge, in writing, the receipt of a copy of the pending order.
(b) The property owner shall provide written notice to all prospective tenants that have completed an application to rent an affected dwelling unit or other property of the remediation order, and shall provide the prospective tenant with a copy of the order. The prospective tenant shall acknowledge, in writing, the receipt of the notice and pending order before signing a rental agreement. The notice shall be attached to the rental agreement. If the property owner does not comply with this subdivision, the prospective tenant may void the rental agreement.
(c) (1) If a mobilehome, manufactured home, or recreational vehicle, as specified in paragraph (2) of subdivision (v) of Section 25400.11, is the subject of the order issued by the local health officer pursuant to paragraph (3) of subdivision (a) of Section 25400.22 or the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, the mobilehome, manufactured home, or recreational vehicle shall not be sold, rented, or occupied until the seller or lessor of the mobilehome, manufactured home, or recreational vehicle or the seller’s or lessor’s agent notifies the prospective buyer or tenant, and the owner of the mobilehome park or special occupancy park in which the mobilehome, manufactured home, or recreational vehicle is located, in writing, of all methamphetamine or fentanyl laboratory activities that have taken place in the mobilehome, manufactured home, or recreational vehicle and any remediation of the home or vehicle, the prospective buyer, tenant, or lessee is provided with a copy of the order.
(2) If a mobilehome, manufactured home, or recreational vehicle specified in paragraph (1) is subject to a sale, the prospective buyer shall acknowledge in writing receipt of the notice and a copy of the order specified in this subdivision before taking possession of the mobilehome, manufactured home, or recreational vehicle.
(3) If the mobilehome, manufactured home, or recreational vehicle specified in paragraph (1) is subject to a rental agreement or lease, the notice and order specified in this subdivision shall be attached to the rental agreement.
(4) If the owner of a mobilehome, manufactured home, or recreational vehicle specified in paragraph (1) does not comply with the requirements of this subdivision, a prospective tenant may void the rental agreement and a prospective buyer may void the purchase agreement, as applicable.
(5) If the remediation of a mobilehome, manufactured home, or recreational vehicle specified in paragraph (1) is not completed by the registered owner of the mobilehome, manufactured home, or recreational vehicle in compliance with an order issued by a local health officer pursuant to this chapter, in addition to authority granted by the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) and the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the owner of the mobilehome park or special occupancy park may remove, dismantle, demolish, or otherwise abate the nuisance.
(6) An activity specified in paragraph (5) to remove and dispose of the mobilehome, manufactured home, or recreational vehicle shall only be taken by an authorized contractor. In addition to any other requirements of this chapter, the registered owner of the recreational vehicle or registered owner of the mobilehome or manufactured home, as applicable, is severally and collectively liable for the cost of any remediation ordered by the local health officer.

SEC. 15.

 Section 25400.30 of the Health and Safety Code is amended to read:

25400.30.
 (a) (1) If a property owner does not initiate or complete the remediation of property in compliance with an order issued by a local health officer pursuant to this chapter, the city or county in which the property is located may, at its discretion, take action to remediate the contaminated or residually contaminated portion of the property pursuant to this chapter or may seek a court order to require the property owner to remediate the property in compliance with this chapter.
(2) Before a city or county takes an action pursuant to paragraph (1) regarding property specified in paragraph (2) of subdivision (v) of Section 25400.11, the city or county shall give a written notice of not less than 10 days in advance to the mobilehome park or special occupancy park owner to allow for remediation by the mobilehome park or special occupancy park owner in the manner prescribed by this chapter in addition to any other notice required by this section. If the mobilehome park or special occupancy park owner agrees, in writing, to undertake that remediation in compliance with the order, the city or county shall not take action pursuant to this section unless the owner is not in compliance with the agreement.
(b) If a local health officer is unable to locate a property owner within 10 days after the date the local health officer issues an order pursuant to Section 25400.22, the city or county in which the property is located may remediate the property in accordance with this article. The city or county or its contractors may remove contaminated property as part of this remediation activity.
(c) If a city or county elects to remediate contaminated property pursuant to this article, the property owner is liable for, and shall pay the city or county for, all actual costs related to the remediation, including, but not limited to, all of the following:
(1) Posting and physical security of the contaminated site.
(2) Notification of affected people, businesses, or any other entity.
(3) Actual expenses related to the recovery of cost, laboratory fees, cleanup services, removal costs, and administrative and filing fees.
(d) If a real property owner does not pay the city or county for the costs of remediation specified in subdivision (c), the city or county may record a nuisance abatement lien pursuant to Section 38773.1 of the Government Code against the real property for the actual costs related to the remediation or bring an action against the real property owner for the remediation costs. The nuisance abatement lien shall have the effect, priority, and enforceability of a judgment lien from the date of its recordation.

SEC. 16.

 Section 25400.36 of the Health and Safety Code is amended to read:

25400.36.
 The PSA work plan shall include, but is not limited to, all of the following:
(a) The physical location of the property.
(b) A summary of the information obtained from law enforcement, the local health officer, and other involved local agencies. The summary shall include a discussion of the information’s relevance to the contamination, including areas suspected of being contaminated, and may include all of the following information:
(1) Duration of laboratory operation and number of batches cooked or processed.
(2) Hazardous chemicals known to have been manufactured.
(3) Recipes and methods used.
(4) Chemicals and equipment found, by location, used in connection with the manufacture or storage of the hazardous chemicals.
(5) Location of contaminated cooking and storage areas.
(6) Visual assessment of the severity of contamination inside and outside of the structure where the laboratory was located.
(7) Assessment of contamination of adjacent rooms, units, apartments, or structures.
(8) Disposal methods observed at or near the site, including dumping, burning, burial, venting, or drain disposal.
(9) A comparison of the chemicals on the manifest with known methods of manufacture in order to identify other potential contaminants.
(10) A determination as to whether the methamphetamine or fentanyl manufacturing method included the use of chemicals containing mercury or lead, including lead acetate, mercuric chloride, or mercuric nitrate.
(c) A description of the areas to be sampled and the basis for the selection of the areas. This element of the PSA work plan shall also document the decision process used in determining not to sample particular areas. The PSA work plan shall consider both primary and secondary areas of concern.
(1) The primary areas of concern included in the work plan shall include all the following areas:
(A) Any area that has obvious staining caused by the use or manufacture of hazardous chemicals.
(B) Any processing or cooking area, with contamination caused by spills, boilovers, or explosions, or by chemical fumes and gases created during cooking. The area may include floors, walls, ceilings, glassware, and containers, working surfaces, furniture, carpeting, draperies and other textile products, plumbing fixtures and drains, and heating and air-conditioning vents.
(C) Any disposal area, including such indoor areas as sinks, toilets, bathtubs, plumbing traps and floor drains, vents, vent fans, and chimney flues and such outdoor areas that may be contaminated by dumping or burning on or near soil, surface water, groundwater, sewer or storm systems, septic systems, and cesspools.
(D) Chemical storage areas that may be contaminated by spills, leaks, or open containers.
(2) The secondary areas of concern shall include all of the following:
(A) Any location where contamination may have migrated, including hallways or other high traffic areas.
(B) Common areas in multiple dwellings, apartments, and adjacent apartments or rooms, or mobilehome parks and special occupancy parks, including adjacent permanent buildings, manufactured homes, mobilehomes, or recreational vehicles, and the floors, walls, ceilings, furniture, carpeting, light fixtures, blinds, draperies, and other textile products in all of those areas.
(C) Common ventilation or plumbing systems in hotels, mobilehome parks, special occupancy parks, and multiple dwellings.
(d) Sampling protocols, analytical methods, and laboratories to use and their relevant certifications or accreditations.
(e) A description of areas and items that will be remediated in lieu of sampling, if any.

SEC. 17.

 Section 25400.45 of the Health and Safety Code is amended to read:

25400.45.
 (a) A property owner who does not provide a notice or disclosure required by this chapter is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). A property owner shall also be assessed the full cost of all harm to public health or to the environment resulting from the property owner’s failure to comply with this chapter.
(b) A person who violates an order issued by a local health officer pursuant to this chapter prohibiting the use or occupancy of a property or a portion thereof contaminated by a methamphetamine or fentanyl laboratory activity is subject to a civil penalty in an amount of up to five thousand dollars ($5,000).

SEC. 18.

 Section 25400.46 of the Health and Safety Code is amended to read:

25400.46.
 (a) A property owner who receives an order issued by a local health officer pursuant to Section 25400.22, or a property owner who owns property that is the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, is liable for, and shall pay all of the following costs if it is determined that the property is contaminated:
(1) The cost of any testing.
(2) Any cost related to maintaining records with regard to the property.
(3) The cost of remediating the property, including any decontamination or disposal expenses.
(4) Any actual cost incurred by the local health officer or any other local or state agency resulting from the enforcement of this chapter and oversight of the implementation of the PSA work plan and the PSA report, with regard to that property.
(b) A person who conducts methamphetamine or fentanyl laboratory activity on or at property subject to subdivision (a), and who is not the owner of that property, is liable for, and shall reimburse the owner of the property for, any cost that property owner may incur pursuant to subdivision (a).
(c) The owner of a mobilehome, manufactured home, or recreational vehicle, in or about which a methamphetamine or fentanyl laboratory activity occurred, is liable for, and shall reimburse the owner of the real property on which the mobilehome, manufactured home, or recreational vehicle is located for, any cost the owner of the real property incurs pursuant to subdivision (a).

SEC. 19.

 Section 25400.47 of the Health and Safety Code is amended to read:

25400.47.
 (a) If the registered owner of a mobilehome, manufactured home, or recreational vehicle, in or about which methamphetamine or fentanyl laboratory activity occurred, does not take the action required by subdivision (b) of Section 25400.25, within 30 days, as required by the order issued by a local health officer, or does not pay the city or county for the costs of remediation specified in subdivision (c) of Section 25400.30, the mobilehome park or special occupancy park owner may immediately initiate the actions authorized by paragraph (5) of subdivision (c) of Section 25400.28, including, but not limited to, terminating the tenancy of the owner of the mobilehome, manufactured home, or recreational vehicle, if any, by a written noncurable three-day notice to quit, and not later than 30 days after restitution of possession of the real property, or vacation or abandonment of the tenancy, the mobilehome park or special occupancy park owner or operator may abate any nuisance and take any of the following actions:
(1) Remediate the mobilehome, manufactured home, or recreational vehicle in accordance with the requirements of this chapter, in compliance with the PSA work plan.
(2) Immediately cause an authorized contractor to remove and dispose of the mobilehome, manufactured home, or recreational vehicle.
(3) Remove and dispose of the mobilehome, manufactured home, or recreational vehicle.
(4) In a special occupancy park, notwithstanding Section 3072 of the Civil Code or Sections 22851.3 or 22851.8 of the Vehicle Code, or in a mobilehome park, enforce a warehouseman’s lien in accordance with Sections 7209 and 7210 of the Commercial Code against the recreational vehicle.
(b) If the owner of a mobilehome, manufactured home, or recreational vehicle, in or about which methamphetamine or fentanyl laboratory activity occurred, does not pay the city or county for the costs of remediation specified in subdivision (c) of Section 25400.30, or does not reimburse the mobilehome park or special occupancy park owner where the mobilehome, manufactured home, or recreational vehicle is located, for any cost that the mobilehome park owner incurs pursuant to this chapter to remediate the property, a mobilehome park owner may, in addition to any other remedy allowed by law, treat the amount due as rent and serve a notice and initiate an action for nonpayment of rent as allowed by Section 798.56 of the Civil Code and a special occupancy park owner may treat the amount due as rent and serve a notice and initiate any action permitted for nonpayment of rent pursuant to the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code).
(c) (1) A warehouseman’s lien may be enforced pursuant to paragraph (4) of subdivision (a) only if the notification specified in paragraph (2) of subdivision (b) of Section 7210 of the Commercial Code, in addition to including the itemized statement of the claim of the mobilehome park or special occupancy park owner, also includes an itemized statement of the city or county, if the city or county submits to the mobilehome park or special occupancy park owner a claim for the costs of remediation specified in subdivision (c) of Section 25400.30 at least 10 days before service of the notification.
(2) A mobilehome park or special occupancy park owner may satisfy a warehouseman’s lien first from the proceeds of the sale of the mobilehome, manufactured home, or recreational vehicle.
(3) A warehouseman’s lien enforced pursuant to this section that does not include a claim submitted by the city or county pursuant to paragraph (1) shall be deemed to meet the notification requirements of paragraph (1), but any balance of the proceeds of any sale shall be held pursuant to subdivision (f) of Section 7210 of the Commercial Code, for delivery on demand to the city or county, and thereafter to any person to whom the mobilehome park or special occupancy park owner would have been bound to deliver the mobilehome, manufactured home, or recreational vehicle.

SEC. 20.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.