Prospective Purchaser Agreements and Liability Relief
A Prospective Purchaser Agreement between DTSC and a person who will be a responsible party upon the purchase of a site releases the purchaser from environmental liability when the site is cleaned-up according to DTSC’s direction.
- Fact Sheet: Prospective Purchaser Policy – May 2001
- Application: Request for Agency Oversight Application – September 2013
- Policy and Procedure: Prospective Purchaser Policy (EO 96-005, July 1996)
Senate Bill 1285 (Killea, Kelley) provides limited liability exemption for lenders and fiduciaries for releases of hazardous materials on property in which they have a legal interest, but did not directly cause or contribute to the release or potential release of hazardous substances. Management Memo: RP Ownership at Property Over Contaminated Ground Water (MM 90-11, December 1990) The California Land Reuse and Revitalization Act is another option that provides liability protections to a prospective purchaser interested in developing a brownfields property. For more information, please refer to the CLRRA page.