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Health & Saf. Code, § 78780 · Article 5. Listing of Hazardous Substance Release Sites

Health & Saf. Code, § 78780

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) Except as provided in subdivision (b), the department shall expend all funds appropriated to the department for any response action pursuant to this part, and shall take all response action pursuant to this part, in conformance with the assignment of sites to priority tiers pursuant to Section 78770.

(b) The department may expend funds appropriated for a response action and take a response action, without conforming to the listing of sites by tier pursuant to Section 78770, or at a site that has not been listed pursuant to Section 78760, if any of the following apply:

(1) The department is monitoring a response action conducted by a responsible party at a site listed pursuant to Section 78760 or at a site that is not listed but is being voluntarily remediated by a responsible party or another person.

(2) The expenditure of funds is necessary to pay for the state share of a response action pursuant to Section 104(c)(3) of the federal act (42 U.S.C. Sec. 9604(c)(3)).

(3) The department is assessing, evaluating, and characterizing the nature and extent of a hazardous substance release at a site for which the department has not been able to identify a responsible party, the responsible party is defunct or insolvent, or the responsible party is not in compliance with an order issued, or an enforceable agreement entered into, pursuant to Section 79055.

(4) The department is carrying out activities pursuant to Section 79065 or subdivision (b) or (c) of Section 79060.

(c) The department may, at any one time, expend funds and take a response action at more than one site on the list established pursuant to Section 78760. In addition, the department may, at any one time, oversee the performance of any activities conducted by a responsible party on more than one site on the list established pursuant to Section 78760.

Notes and commentary — not statutory text

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.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=78780.
Text hash
sha256 eae45d3f65b9019df71f13bfc58104f5fc835727f0425aa616d36ca83abccb1a
Composed by
compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

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