(a) To facilitate the decision of a bona fide purchaser to apply for a bona fide purchaser agreement, the bona fide purchaser may first enter into a consultative services agreement with the department pursuant to Section 25201.9 or with an agency.
(b) Under the terms of a consultative services agreement entered into in accordance with this section, an agency may review any environmental data and development plans that may be submitted by a bona fide purchaser.
(c) The consultative services agreement shall include all of the following:
(1) Require the bona fide purchaser to pay for the agency’s services.
(2) Not commit the bona fide purchaser to purchase, remediate, or otherwise act with regard to the site.
(3) Provide for a review and meeting to discuss the environmental data and development plans within 30 days of submission.
(d) Upon review of the data and plans specified in paragraph (3) of subdivision (c), the agency shall provide comments to the bona fide purchaser of what further information might be needed to ascertain what response action, if any, will be necessary. The agency shall also provide comments to the bona fide purchaser on any proposed response actions that may be necessary and an estimate of the time it may take to negotiate and approve a bona fide purchaser agreement.
(e) An agency shall enter into a consultative services agreement, in accordance with this section, subject to available staff and resources, as determined by the agency. If the agency declines to enter into a consultative services agreement, the agency shall provide specific reasons for its decision to the bona fide purchaser requesting the agreement.
(Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
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