Cal. Health & Saf. Code § 25395.106

Current through the 2023 Legislative Session.
Section 25395.106 - [Effective until 1/1/2027] No immunity provided
(a) This article does not provide immunity from any of the following:
(1) Liability for bodily injury or wrongful death.
(2) A requirement imposed under Chapter 6.5 (commencing with Section 25100), including, but not limited to, corrective action and closure and postclosure requirements.
(3) A criminal act.
(4) A permit violation.
(5) A contractual indemnity agreement between a purchaser and seller of real property.
(6) New releases, other than de minimis releases, of hazardous materials that are caused or contributed to by a bona fide ground tenant.
(b) This article does not limit the authority of an agency to conduct a response action that is necessary to protect public health and safety or the environment pursuant to an applicable statute.
(c) This article does not do either of the following:
(1) Limit a defense to liability that may be available to a person under any other provision of law.
(2) Impose a new obligation on a bona fide ground tenant other than those specifically assumed by the bona fide ground tenant under an agreement entered into pursuant to this article.

Ca. Health and Saf. Code § 25395.106

Added by Stats 2006 ch 510 (SB 989),s 4, eff. 1/1/2007.