California Health and Safety Code

§ 80090

HSC § 80090 Effective Jan 1, 2023Div. 45 · Part 2 · Ch. 9 · Art. 5

Statute text

(a)Any costs incurred and payable from the fund by the administrator pursuant to this chapter shall constitute a claim and lien upon the real property owned by a responsible party that is subject to, or affected by, a response action. A lien established by this subdivision shall have all of the following properties:

(1)The lien shall not exceed the increase in fair market value of the site attributable to the response action at the time of a subsequent sale or other disposition of the site.

(2)The lien shall attach regardless of whether the responsible party property owner is solvent.

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Legislative history

Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257. Conditionally operative pursuant to Sec. 80100.