SB 46 Implementing Prop 1C Infill Housing Support Initiative
(Perata) Proposition 1C, passed by the voters of California in the fall of 2006, provides, among other things, $850 Million in bond-generated revenue to support the development of infill housing and the cleanup of brownfields. SB 46 establishes the administrative framework within which this money is to be spent. Included is a designation of the CalReUSE brownfield forgivable loan program as the administrators of the brownfield cleanup portion of Prop 1C. CCLR Position: SUPPORT
AB 1053
Implementing Prop 1C Infill Housing Support Initiative
(Núñez) Proposition 1C, passed by the voters of California in the fall of 2006, provides, among other things, $850 Million in bond-generated revenue to support the development of infill housing and the cleanup of brownfields. AB 1053 establishes the administrative framework within which this money is to be spent. Included is an allocation of $100 Million to the CalReUSE brownfield forgivable loan program for the purpose of administering the brownfield cleanup portion of Prop 1C. CCLR Position: SUPPORT
AB 422
Mandatory VOC Assessments on All Brownfields
(Hancock) This bill would, among other things, require that all DTSC-overseen risk assessments include exposure estimates for all volatile organic compounds. DTSC already has the authority and mandate to identify and address vapor intrusion concerns to protect human health. This bill mandates a process that is potentially well in excess of that which is necessary for full protection of human health. For brownfield redevelopments already operating at the margins of economic feasibility, the resulting additional expenses could make it increasingly difficult to attract crucial investment dollars necessary to revitalize underserved communities where the majority of brownfields exist. CCLR Position: OPPOSE
Click HERE to download our letter of opposition for AB 422.
Arizona
SB 1310 Reduction of Assistance from Underground Storage Tank Fund (Flake, Brown) This bill reduces the amount of coverage an owner or operator is eligible to recover from the Assurance Account for reasonable and necessary costs from 100 percent to 90 percent and limits the amount of times an applicant can apply for coverage from the Assurance Account. CCLR Position: WATCH
Signed into Law by Governor April 18, 2007 (Chapter 103)
HB 2323 Hazardous Disclosures; Reports (Reagan) This bill clarifies and outlines additional requirements for a real estate Hazard Disclosure Report, including any conditions that affect the property. It mandates errors and omissions insurance of $1 million per occurrance with an aggregate of at least $10 million. It also requires disclosure in any agreement or marketing material that a real estate buyer/seller is not required by law to purchase a report. This bill also prescribes penalties for violations. CCLR Position: WATCH
Signed into Law by Governor April 16, 2007 (Chapter 26)
HB 2484 Well Impacts; Contamination (Mason) This bill requires the Director of the Department of Water Resources (DWR) to review applications to drill a new well in order to determine if the well is likely to cause contaminated groundwater to migrate to an existing well. If the Director finds that contaminated groundwater is likely to migrate to another well, permission to drill the well will be denied. DWR and Department of Environmental Quality will work in consultation to determine the potential for damage to surrounding land or water users in the area. CCLR Position: WATCH
Signed into Law by Governor May 14, 2007 (Chapter 209)
Nevada
AB 102 Restricting Eminent Domain Authority (Horne , Munford , Conklin , Parks , Buckley) This bill is a direct reaction to Kelo v. City of New London, 125 S.Ct. 2655 (2005), whereby the United States Supreme Court ruled that private property may be acquired by eminent domain and transferred to a private party for the purpose of obtaining the benefits of economic development. This bill enacts into statute the provisions of Assembly Joint Resolution No. 3, which makes an amendment to the Nevada Constitution concerning eminent domain Specifically, this bill adds a number of restrictions to the exercising of eminent domain by public agencies. The bill prohibits, except in certain circumstances, the exercise of eminent domain to acquire property if the entity acquiring the property will transfer any interest in the property to a private person or entity. The bill shifts to the public agency the burden of proving that the taking is for a public use. The bill requires that the property be appraised, for purposes of compensating the property owner, based on the property’s highest and best use. The bill provides that neither the property owner nor an entity which is taking property by the exercise of eminent domain is liable for the attorney’s fees of the other party, except in certain circumstances. CCLR Position: WATCH
Signed into Law by Governor May 23, 2007 (Chapter 115)
Federal
HR 644 Brownfield Redevelopment Enhancement Act (Miller) The Brownfield Economic Development Initiative (BEDI) is a competitive grant program administered by the US Department of Housing and Urban Development (HUD) that targets brownfield redevelopment activities. This bill would de-couple the BEDI program from HUD's Section 108 loan guarantee program, so that communities lacking the capacity to participate in the Section 108 program may receive BEDI grants. CCLR Position: SUPPORT
HR 1753 Making Permanent the Brownfield Expensing Incentive (Weller) This bill would remove the sunset date - thus making permanent - of the brownfield expensing incentive, which allows brownfield developers to fully deduct assessment and remediation costs from their taxable income in the year in which the expenses were incurred. The bill would also eliminate the recapture provision. CCLR Position: SUPPORT
