AB 870

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Assembly
  • Senate
  • Governor

Hazardous materials: liens.

Abstract

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 establishes that the lien has the force and effect of, and a priority of, a judgment lien. 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 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 establish that the lien takes priority over all other liens and encumbrances that are or have been recorded on the real property upon its recordation. The bill would establish that the lien does not apply if the responsible parties establish and demonstrate to the department sufficient financial assurance to cover the estimated costs.

Bill Sponsors (4)

Votes


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Actions


Feb 25, 2021

Assembly

Referred to Coms. on E.S. & T.M. and JUD.

  • Referral-Committee
Coms. on E.S. & T.M. and JUD.

Feb 18, 2021

Assembly

From printer. May be heard in committee March 20.

Feb 17, 2021

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB870 HTML
02/17/21 - Introduced PDF

Related Documents

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