(a) Each agency listed in subdivision (d) shall maintain a list of all instruments and agreements restricting land uses imposed by that agency under Section 1471 of the Civil Code or any provision of law that is administered by that agency, in accordance with all of the following requirements:
(1) The list shall provide a description of location for each property that, at a minimum, provides the street address and the assessor’s parcel number. If a street address or assessor’s parcel number is not available, or if a street address or assessor’s parcel number does not adequately describe the property affected by the instrument or agreement restricting land use, the list shall include a description of location or the location’s geographic coordinates.
(2) The list shall provide a description of any restricted uses of the property, contaminants known to be present, and any remediation of the property, if known, that would be required to allow for its unrestricted use. The recorded instrument or agreement restricting land uses may be provided in lieu of the description required by this paragraph.
(3) Each agency shall update its list as new instruments and agreements restricting land uses are recorded and as instruments and agreements restricting land uses on properties are changed.
(b) Each agency listed in subdivision (d) shall display the list required under subdivision (a) on that agency’s Web site, and shall make the list available to the public upon request.
(c) The California Environmental Protection Agency shall oversee the implementation of this section. In overseeing the implementation of this section, the California Environmental Protection Agency shall do all of the following:
(1) Maintain on its Web site hyperlinks to the individual lists posted pursuant to this section.
(2) Provide a search function that is able to search and retrieve information from each of the individual lists posted pursuant to this section.
(3) Create and post a list of all instruments and agreements restricting land uses that have been sent pursuant to subdivision (e) of Section 1471 of the Civil Code. The list created and posted pursuant to this paragraph shall meet all of the following requirements:
(A) The list shall identify the entity or jurisdiction that imposed the instrument or agreement restricting land uses.
(B) The list shall include the information required by paragraphs (1) and (2) of subdivision (a).
(C) The list shall be maintained for informational purposes only.
(D) The list shall contain a notation that information regarding the listed properties has been provided voluntarily, that the list is not all-inclusive, and that there may be additional sites where instruments or agreements restricting land uses have been imposed by other entities that have not been included on the list.
(d) This section applies to the California Environmental Protection Agency and to all of the following entities within the agency:
(1) The California Integrated Waste Management Board.
(2) The State Water Resources Control Board, and each California regional water quality control board.
(3) The Department of Toxic Substances Control.
(Added by Stats. 2002, Ch. 592, Sec. 2. Effective January 1, 2003.)
Last modified: October 25, 2018