Today's Law As Amended


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SB-592 Methamphetamine: liable party: property owner reimbursement.(2007-2008)



As Amends the Law Today


SEC. 2.SECTION 1.

 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).
(d) If an owner of property is required to be reimbursed pursuant to subdivision (b) or (c) for any costs the owner incurs pursuant to subdivision (a), but is unable to obtain that reimbursement from the liable party, or is unable to identify a potentially responsible party for the contamination, the property owner may submit a claim for reimbursement from the department pursuant to Section 25400.48.

SEC. 2.

 Section 25400.48 is added to the Health and Safety Code, to read:

25400.48.
 (a) The department may establish and administer a grant program to reimburse property owners that are unable to obtain reimbursement from the liable party, as specified in subdivision (d) of Section 25400.46.
(b) If the department elects to establish a grant program pursuant to this section, the department shall adopt criteria for the awarding of these funds, which shall include all of the following requirements:
(1) The property that is the subject of the claim is not otherwise subject to a corrective action for a release of hazardous waste pursuant to Chapter 6.5 (commencing with Section 25100).
(2) The property owner, after a reasonable effort, is unable to identify a potentially responsible party for the contamination, or, after a reasonable effort, is unable to obtain reimbursement from the liable party.
(3) The property owner is not a potentially responsible party with regard to that contamination.
(c) The department shall not implement this section until the department receives funding from the federal government to provide reimbursement to property owners who are unable to obtain reimbursement from the liable party for the costs specified in subdivision (a) of Section 25400.46.
(d) The department may award a grant to a property owner for reimbursement of the costs specified in subdivision (a) of Section 25400.46, in accordance with the conditions attached to any funds obtained pursuant to subdivision (c), if the property owner meets the criteria adopted by the department pursuant to subdivision (b).