Health and Safety Code section 25395.106

(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.

Source: Section 25395.106, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=HSC§ionNum=25395.­106.­ (updated Jan. 1, 2007; accessed Jul. 7, 2025).

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Verified:
Jul. 7, 2025

§ 25395.106's source at ca​.gov