Hazardous materials: California Land Reuse and Revitalization Act of 2004.

The California Land Reuse and Revitalization Act of 2004 provides, among other things, that an innocent landowner, bona fide purchaser, or contiguous property owner, as defined, qualifies for immunity from liability from certain state laws for pollution conditions caused by a release or threatened release of a hazardous material if specified conditions are met. The act prohibits an agency, defined as the Department of Toxic Substances Control, the State Water Resources Control Board, or a California regional water quality control board, from requiring one of those persons to take a response action under certain state laws. The act also requires a bona fide ground tenant, as defined, who seeks to qualify for immunity to make all appropriate inquiries and enter into an agreement with an agency along with one or more specified entities that agree to take responsibility for implementation of a site assessment and response plan. The act is repealed on January 1, 2010, unless a later enacted statute deletes or extends that date. Existing law, which becomes operative on January 1, 2010, provides for the continued immunity of a person subject to the act before its repeal, after the repeal of the act, if the person continues to comply with the repealed act. This bill would extend the repeal date of the act to January 1, 2017. The bill would make the provisions providing for continued immunity after repeal of the act operative on January 1, 2017. The bill also would authorize a prospective purchaser who is in contract to acquire a site and who qualifies as a bona fide purchaser to enter into a specified agreement with an agency. The bill would prohibit a prospective purchaser who enters into an agreement from receiving immunity until the prospective purchaser acquires the site.