California 2009-2010 Regular Session Status: To Executive

SB 143 — Hazardous materials: California Land Reuse and Revitalization Act of 2004.

Last action — Chaptered by Secretary of State. Chapter 167, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 The act is repealed on January 1, 2010, unless a later enacted statute deletes or extends that date.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a person subject to the act before its repeal, after the repeal of the act, if the person continues to comply with the repealed act.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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 167, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 9 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 39. Noes 0. Page 2128.) To enrollment.

  5. To Special Consent Calendar.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 74. Noes 0. Page 2762.) To Senate.

  8. Read second time. To Consent Calendar.

  9. (Heard in committee on August 19.)

  10. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  11. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  12. Hearing postponed by committee.

  13. (Heard in committee on June 23.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) Re-referred to Com. on APPR.

  15. (Heard in committee on June 16.)

  16. From committee: Do pass, but first be re-referred to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on JUD.

  17. To Coms. on E.S. & T.M. and JUD.

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 39. Noes 0. Page 1013.) To Assembly.

  20. To Special Consent Calendar.

  21. Read second time. To third reading.

  22. From committee: Do pass. (Ayes 10. Noes 0. Page 948.)

  23. Set for hearing May 18.

  24. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 5. Noes 0. Page 701.) Re-referred to Com. on APPR.

  25. Set for hearing April 28.

  26. Read second time. Amended. Re-referred to Com. on JUD.

  27. From committee: Do pass as amended, but first amend, and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 585.)

  28. Set for hearing April 20.

  29. To Coms. on EQ. and JUD.

  30. From print. May be acted upon on or after March 14.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Cedillo · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Cedillo

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Special Consent #18 SB143 Cedillo

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Ducheny — Yea
Leno — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Kehoe — Yea
Maldonado — Yea
Wiggins — Yea
Wolk — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 143 Cedillo Consent Calendar Second Day Regular Session

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 3000
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hall — Not Voting
V. — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Jeffries — Yea
Krekorian — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Evans — Not Voting
Fuentes — Not Voting
Bass — Not Voting
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Emmerson — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
Fuentes — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Harkey — Yea
Conway — Yea
Hill — Yea
Miller — Yea
Ammiano — Yea
Duvall — Yea
Solorio — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #6 SB143 Cedillo

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Wyland — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Leno — Yea
Maldonado — Yea
Oropeza — Yea
Walters — Yea
Wright — Yea
Cedillo — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10003
Total 10003
% of votes cast 77%0%0%23%
How each member voted (13)
Member Party Vote
Yee — Yea
Wolk — Yea
Wyland — Yea
Runner — Not Voting
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Not Voting
Walters — Not Voting
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 143 do?
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.
Who sponsors SB 143?
SB 143 is sponsored by Cedillo.
What is the current status of SB 143?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 143?
Track SB 143 free on One Click Politics — get push/email alerts when it moves.

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