California Health and Safety Code

§ 25395.104

HSC § 25395.104 Effective Jan 1, 2023Div. 20 · Ch. 6.82 · Art. 7

Statute text

(a)Except as otherwise provided in this section, a bona fide ground tenant shall qualify for the following immunities:

(1)The bona fide ground tenant shall not be liable under any applicable statute for a claim made by a person, other than an agency, for response costs or other relief associated with a release or threatened release of a hazardous material at the site once the bona fide ground tenant obtains a certification pursuant to subdivision (b) or (c) that the immunity provided by this section has attached.

(2)(A) Except as provided in subparagraph (B), an agency shall not, subsequent to the date of the agreement, take any action under any applicable statute to require a bona fide ground tenant to take a response action on account of a release or threatened release of a hazardous material at a site.

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Legislative history

Amended by Stats. 2022, Ch. 258, Sec. 87. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.