Site Mitigation & Restoration Program

We protect and maintain California’s land and places
by setting strict standards for land restoration and cleanup

Voluntary Agreements Quick Reference Guide

Types of Voluntary Oversight Agreements Offered by DTSC

Standard Voluntary Agreement

Applies to most properties and parties and used for limited and broad project scopes. See the template.

Local Agency Agreement 

The Local Agency Agreement allows for local agencies and other government entities to meet the environmental requirements to obtain the immunities and protections set forth in Health & Safety Code Section 25403 et seq for cleanups conducted under DTSC’s oversight. See the template.

California Land Reuse and Revitalization Act Agreements

Provides limited liability protection for a bona fide purchaser, bona fide prospective purchaser, innocent land owner, contiguous property owner, or a ground tenant of a property if specific eligibility criteria are met. See the template.

Prospective Purchaser Agreement

A Prospective Purchaser Agreement (PPA) 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. Each PPA is individually negotiated with DTSC’s office of legal counsel. See example here. 

Requesting brownfields oversight is simple:

  • Apply: Request for Lead Agency Oversight Application – Submittal of the application is your agreement to pay costs incurred during the agreement negotiation.
    • NEW!DTSC is now accepting applications electronically through our application portal.
  • Coordinate: As per the 2005 Memorandum of Agreement between DTSC, the State Water Resources Control Board and the Regional Water Quality Control Boards the agencies will work together to determine the lead regulatory agency.
  • Negotiate: When DTSC is the Lead Agency, an agreement is developed, which includes site-specific details, a scope of work, and an estimate of DTSC’s charges. An opportunity to review the draft agreement is provided.
  • Sign: Once the agreement is signed, your environmental consultant will work with DTSC’s team of professionals to ensure the future development is safe.
  • Pay: An advance payment is required when the Agreement is executed.
  • Meet: The DTSC Project Manager reviews property information, and holds a scoping meeting to discuss schedule, tasks, regulatory requirements, and goals.
  • Technical Work: DTSC technical experts review documents provided by your consultant, provide oversight of field work, perform public engagement activities, and coordinate other tasks as needed. Activities will vary from property to property.
  • Invoice: DTSC’s accounting office sends invoices of DTSC’s charges quarterly.

Download PDF version of this diagram.

This document is intended to be guidance only and it does not supersede or implement laws or regulations. The information in this advisory is intended solely as guidance and as educational reference material and should not be considered enforceable or regulatory in nature.

 

California for All Logo Gavin Newsom
Office of the Governor


Visit his website

Yana Garcia Yana Garcia
Secretary for Environmental Protection


Visit her Profile

Katherine M. Butler, MPH, DirectorKatherine M. Butler, MPH
Director


Visit her Profile