California

Richard G. Opper
McKenna & Cuneo, L.L.P.
San Diego, California

The California Legislature has leapt to the issue of brownfield redevelopment with a will. Historically, California brownfield tools have been limited, with most focus placed on the State's Polanco Redevelopment Act, which applies CERCLA-like liability standards to responsible parties and authorizes redevelopment agencies to shift environmental costs of projects based on that same broad federal liability scheme. Now, however, the California Legislature is coming forward with funding as well as creative new ideas. Senator Escutia's bill (S.B. 32) may yet reform health risk assessments by authorizing study leading to use of "look-up tables," long a controversial issue in California. Assemblyman Frommer's bill (A.B. 254) amends the Legislature's CLEAN program, administered by the State's Department of Toxic Substances Control, in order to make it more "user friendly" and responsive to the needs of real estate transactions. The CLEAN program could make hundreds of thousands of dollars available for a site's assessment and mitigation. Both bills appear destined for passage.

A bill introduced to provide for a state-sponsored insurance program (S.B. 232) does not seem as likely of success. The funding for this program will likely disappear as a result of California's huge energy debt, and the bill itself contained some controversial provisions with regard to a state-selected insurance program. S.B. 232, introduced by Senator Sher, has generated an interesting dialog between various stakeholders in the redevelopment area, and some form of insurance measure will likely persist and evolve as the public discussion continues.

Several other brownfield measures have been introduced (A.B. 1114 and S.B. 1986, for example) indicating a much higher level of interest currently existing for this topic. However, passage of many of the bills is uncertain and while the end of the legislative session will undoubtedly provide us with new legislative tools in this state, their ultimate form remains subject to an active legislative process.