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The Polanco Act's Second Act: Assembly Bill 440

October 21, 2013

By ROBERT P. HOFFMAN & JILL E.C. YUNG

California’s decision to dissolve Redevelopment Agencies in 2011 (effective in 2012) weakened the state’s arsenal of cleanup authorities by removing a significant option for local supervision of cleanup activities. Recently, the California Legislature restored key elements of the Polanco Act authority by vesting local entities (cities, counties, and housing authorities) with similar powers. Developers and agencies familiar with the preexisting authority will be interested in how AB 440 (2013, Gatto) preserves and alters local brownfield remediation procedures.