2003 CPEO Brownfields List Archive

From: Lenny Siegel <lsiegel@cpeo.org>
Date: 23 Oct 2003 18:12:21 -0000
Reply: cpeo-brownfields
Subject: Re: [CPEO-BIF] Cal-EPA Brownfields proposal
 
I've read through Cal/EPA's draft Brownfields legislation, and I'm only
prepared to make preliminary observations. That's because I don't know
exactly how it meshes into existing state laws and regulations. I
suspect that potential Brownfields developers will seek changes that
limit the reservations of power written into the language, but I think
the proposal forms the basis for a bi-partisan bill that may be approved
in 2004 if the new governor's appointees have sufficient time to feel
comfortable with the work that has gone on thus far.

The draft appears designed to clarify and simplify state oversight of
VOLUNTARY brownfields cleanups, regardless of which agency represents
the state, but it does not reduce oversight or weaken environmental
standards. A Brownfields Project Sponsor may enter into an Environmental
Oversight Agreement with either the Department of Toxics Substances
Control or the Regional Water Control Board serving the region in which
the property is located. The Sponsor shall submit a Site Assessment Plan
, and following approval, a Response Action Plan. The Response Action
Plan may include land use controls which, under the proposed law, would
run with the land. The state will issue a Certificate of Completion when
short-term responses have been conducted and long-term operation and
maintenance plans, with financial assurances, are in place, but the
proposed legislation specifies six narrow conditions under which the
state may still require additional responses.

Public involvement is currently written into each step. In fact, the
Response Action Plan must include "a description of how the public has
been involved to date" as well as plans for continuing public participation.

The California proposal contains liability limitations that are designed
to parallel federal law, applying to Innocent Landowners, Bona Fide
Prospective Purchasers (if they conduct cleanup), and Contiguous
Property Owners. Under certain circumstances, however, the state may
still require a response, if other parties do not take action as "the
conditions on the property pose a threat to tenants or occupants of the property."

Lenny

Lenny Siegel wrote:
> 
> It's too soon to know how the California gubernatorial recall and
> election will impact ongoing policy discussions at Cal-EPA, but the
> agency is still working on Brownfields legislation which may have
> national significance. See
> http://www.calepa.ca.gov/Brownfields/Updates/2003/Legislative%20Proposal.pdf
> 
> "Dorothy Rice of DTSC, in her presentation to the [Brownfields] Working
> Group in June, discussed ideas for legislation that would provide DTSC
> with flexibility and a cleanup authority that is not confined to Health
> and Safety Code Chapters 6.5 or 6.8.  DTSC has since developed language
> for legislation.
> 
> "Using DTSC’s proposal as its core, Cal/EPA has expanded the legislative
> proposal to include elements that would create in California law
> limitations to liability for innocent landowners, bona fide prospective
> purchasers, and contiguous property owners.  An overview of the proposal
> is attached, as is a very rough draft of the language that we believe
> accomplishes these goals in ways that serve to both relieve liability
> concerns, but also ensure protection of public health and the environment."
> 
> --
> 

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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