Title HSC — California Health & Safety Code

For purposes of this chapter, the definitions contained in this article shall apply.

“CLEAN Program” means the Cleanup Loans and Environmental Assistance to Neighborhoods Program established pursuant to Section 80450.

(a) “Cost overrun insurance” means insurance that covers some, or all, of the response costs caused by a known pollution condition at a site, that exceed the estimated response action costs that have been accepted and approved by the insurer, based on information from the departm…

“Eligible property” has the same meaning as defined in subdivision (a) of Section 80230.

“Environmental insurance” means insurance intended to limit the liability associated with the discovery and cleanup of a hazardous material release, including secured creditor insurance, pollution liability insurance, and cost overrun insurance, and any other insurance product th…

“Estimated response action costs” means the projected costs of taking a response action in implementing an approved removal action work plan or remedial action plan prepared to address a pollution condition at a site.

“Hazardous material” means a substance or waste that, because of its physical, chemical, or other characteristics, may pose a risk of endangering human health or safety or of degrading the environment. “Hazardous material” includes, but is not limited to, all of the following: (a…

“Insurance company” means an insurance company authorized in California to offer environmental insurance and that has an A.M. Best Financial Strength Rating of A+ or better and an A.M. Best Financial Size Category of FSC X or larger.

“Pollution condition” means a release or threatened release of a hazardous material and any resulting impact upon the environment.

(a) “Pollution liability insurance” means insurance that covers damages caused by a pollution condition from, or at, a site that is preexisting and unknown, or was otherwise unknown at the time the insurance is first obtained, and, at a minimum, provides for all of the following:…

“Secured creditor insurance” means insurance made available to an insured that covers all of the following: (a) Response costs at a site incurred by the lender after a default by the borrower or foreclosure by the lender that occurs as a result of a pollution condition at the sit…

“Self-insured retention amount” means response action costs in excess of the estimated response action costs that have been accepted and approved by the insurer that the insured is obligated to pay before being eligible to make a claim of an insurer under a cost overrun insurance…

(a) The secretary shall solicit proposals for a package of environmental insurance products from insurance companies through a competitive bidding process. (b) (1) The request for proposal prepared by the secretary shall identify the objectives of this chapter and the specific ty…

The secretary shall evaluate the extent to which each proposal submitted pursuant to Section 80750 meets the objectives of the request for proposal and shall also evaluate each proposal and interested party using all of the following factors: (a) Product pricing. (b) Claims histo…

(a) The secretary shall select one or more insurance companies that have submitted a proposal pursuant to Section 80750 to be the exclusive state-designated provider of environmental insurance under this chapter for a period of three years from the date of selection. (b) The secr…

Every three years, the secretary shall repeat the competitive bidding process specified in this article.

(a) An insurance company selected to provide prenegotiated environmental insurance products pursuant to Section 80760 shall offer this prenegotiated package of insurance products to any interested recipient of a loan under the CLEAN Program. (b) The insurance company shall also o…

The secretary shall implement this article in consultation with representatives of other appropriate state agencies, including the Business, Transportation and Housing Agency, the Office of Planning and Research, the Pollution Control Financing Authority, the Department of Insura…

The secretary shall implement this article in a manner that is consistent with the requirements for state procurement of services set forth in Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code.

The secretary shall expend the funds from the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350 that are made available in the annual Budget Act for expenditure to subsidize the cost of the environmental insurance products o…

The secretary shall provide the following subsidies, in accordance with the application process specified in this article, from the funds made available pursuant to Section 80800: (a) Up to 50 percent of the cost of the premiums for the environmental insurance products provided p…

(a) Any person who is conducting a response action at an eligible property under the oversight of the department or a regional board and who purchases the prenegotiated environmental insurance products from the insurance company selected pursuant to Section 80760 may apply to the…

An applicant for a subsidy made available pursuant to this article shall provide the secretary with all information necessary to demonstrate to the secretary that the applicant is eligible to receive a subsidy.

The state and the Cleanup Loans and Environmental Assistance to Neighborhoods Account do not have any obligation to provide funds to any person that applies for a subsidy pursuant to this chapter.

The secretary shall provide an applicant with a subsidy only to the extent that money in the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350 has been reserved in the annual Budget Act for the purpose of providing environme…

Notwithstanding any other provision of law, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions or their employees, shall not be liable to any person for any of the following: (a) Any acts or omissions b…

The immunity from liability set forth in Section 80840 specifically includes, but is not limited to, immunity if an insurance company selected to provide prenegotiated environmental insurance products pursuant to Section 80760 does any of the following: (a) Cancels, rescinds, or …

The immunity set forth in this article is in addition to other immunities and defenses otherwise available to the agency, the secretary, the state, their respective employees and agents, and any of the state’s political subdivisions and employees thereof.

In implementing this chapter, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions and employees thereof, may not: (a) Be construed to be an insurer, as defined in Section 23 of the Insurance Code, an ins…

(a) The agency may adopt regulations to implement this chapter pursuant to this section. (b) (1) The regulations adopted to implement this chapter shall be deemed to be emergency regulations for purposes of Section 11346.1 of the Government Code. (2) Notwithstanding the time peri…