Hazardous materials: liens.

Existing law establishes that any costs or damage incurred by the Department of Toxic Substances Control and regional water quality control boards in carrying out or overseeing a response or corrective action for a release of hazardous materials on a real property constitute a claim and lien upon the real property owned by a responsible party that is subject to, or affected by, that action. Existing law specifies that the lien is subject to the notice and hearing procedures required by due process of the law. Existing law establishes that the lien has the force and effect of, and a priority of, a judgment lien. This bill would specify the notice and hearing procedures to be provided to the affected property owner. This bill would require the department, upon a determination of the scope of a necessary response or corrective action, to provide to the responsible parties an estimate of the costs to complete the response or corrective action. The bill would, except as provided, establish that the estimated costs constitute a claim and a lien upon the real property owned by a responsible party that is subject to, or affected by, the response or corrective action. The bill would require the department to provide the affected property owner with a notice and an opportunity for a hearing before the recordation of the lien upon the affected property. The bill would establish that the lien takes priority over all other liens and encumbrances that are recorded on the real property on or after January 1, 2023, upon its recordation. The bill would establish that the lien provision does not apply if the responsible parties establish and demonstrate to the department sufficient financial assurance to cover the estimated costs. The bill would authorize the department to impose an additional lien on the real property if the actual costs incurred by the department exceed the amount of the lien recorded based on the estimated costs to complete the response or corrective action.