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HomeHealth and Safety CodeDiv. 45Pt. 2Ch. 10Art. 5§ 80405 Brownfield Loan Application Requirements

§ 80405 Brownfield Loan Application Requirements

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 80405 Brownfield Loan Application Requirements

Key Takeaways

  • •You need to fill out a special form to apply for a loan to check if land is polluted.
  • •You must show proof that the land is old, unused, or might be dirty (like an old factory).
  • •If you don’t own the land, you need the owner’s permission or a deal to buy it later.
  • •The government can ask for more papers if they need them.

Example

A small business wants to buy an old gas station to build a new shop, but they’re worried the ground might be polluted.

They must fill out the loan form, show a report about the land’s pollution, prove the gas station is unused, and get the owner’s okay to check the land. If they don’t own it yet, they need a paper saying they can buy it later.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 80405 Brownfield Loan Application Requirements

The department shall develop a loan application form for an investigating site contamination program loan and shall include, in the form, any provisions that the department considers to be appropriate. The application form shall be signed by the loan applicant and shall be submitted to the department with all of the following documentation: (a) The phase I environmental assessment for the property that is the subject of the loan application. (b) Information that demonstrates that the property is a brownfield or an underutilized property. (c) If the owner of the property that is the subject of the loan application is not the loan applicant, one of the following: (1) Documentation that demonstrates that the owner consents to the performance of the preliminary endangerment assessment of the property. (2) A copy of an agreement between the property owner and the loan applicant that gives the loan applicant an option to purchase the property. (3) If the loan applicant is a local government entity, or a developer or prospective purchaser acting together with a local government entity pursuant to an enforceable agreement, a demonstration to the department that the local government entity, or developer or prospective purchaser acting together with the local government entity pursuant to an enforceable agreement, has legal access to perform the preliminary endangerment assessment at the property, or will have legal access, prior to receiving loan funds. (d) Any other information the department deems necessary. (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.)

Last verified: January 24, 2026

Key Terms

agreementcontaminationapplicationbrownfieldpollutionperformanceassessmentenvironmental

Related Statutes

  • § 80420 Loan Repayment Terms
  • § 80400 Brownfield Contamination Loan Program
  • § 80455 Clean Program Loan Application
  • § 80240 Brownfield Contamination Loans
  • § 80410 Brownfield Loan Approval Criteria

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 80405.
View Official Source