BILL NUMBER: AB 1188 ENROLLED
BILL TEXT
PASSED THE SENATE OCTOBER 14, 2009
PASSED THE ASSEMBLY OCTOBER 26, 2009
AMENDED IN SENATE OCTOBER 14, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
INTRODUCED BY Assembly Member Ruskin
FEBRUARY 27, 2009
An act to amend Sections 25299.43, 25299.50.3, 25299.57, 25299.62,
25299.100, 25299.106, and 25299.107 of, and to add Section
25299.51.2 to, the Health and Safety Code, relating to hazardous
materials, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1188, Ruskin. Hazardous materials: underground storage tanks.
(1) Existing law requires the owner or operator of an underground
petroleum storage tank, or other responsible party, to take
corrective action, as defined, in response to an unauthorized release
of petroleum from the tank. A person required to perform corrective
action may apply to the State Water Resources Control Board for
payment of specified portions of the costs of corrective action.
Existing law requires the board to pay claims of owners and operators
in accordance with a specified order of priority. Existing law
establishes the Underground Storage Tank Cleanup Fund in the State
Treasury and authorizes the money in the fund to be used, upon
appropriation by the Legislature, to pay those claims, and, among
other things, for corrective actions undertaken by the board, a
California regional water quality control board, or a local agency,
and for the cleanup and oversight of unauthorized releases at
abandoned tank sites. Existing law imposes certain petroleum storage
fees upon the owner of an underground storage tank for which a permit
is required and requires those fees to be deposited in the fund.
This bill would temporarily increase a specified petroleum storage
fee by $0.006 per gallon of petroleum stored, between January 1,
2010, and December 31, 2011. By operation of existing law, the
revenue resulting from the increase would be required to be deposited
in the fund and be available, upon appropriation, for expenditure
for the purposes authorized under existing law for money in the fund.
The bill would require the board, within 90 days of completion of
any independent program audit or fiscal audit of the fund, to post
the results of the program audit or fiscal audit on its Internet Web
site.
For a reimbursement request received by the board on or after
November 7, 2008, but before June 30, 2010, if costs submitted by a
claimant are approved by the board, but funding is not available for
payment to the claimant at the time of approval, the bill would
require the board to reimburse the claimant's carrying costs, as
defined, subject to specified limitations.
(2) Existing law establishes until July 1, 2014, the School
District Account in the Underground Storage Tank Cleanup Fund and
transfers in the 2009-10, 2010-11, and 2011-12 fiscal years
$10,000,000 per year from the fund to the account for payment of
claims filed by a school district that takes corrective actions to
clean up an unauthorized release from a petroleum underground storage
tank.
This bill would require that these annual transfers be made prior
to the allocation of the moneys in the fund for payment of claims by
other underground storage tank owners or operators.
(3) Existing law provides for a grant and loan program for small
businesses to pay specified costs of complying with underground
petroleum storage tank regulations adopted by the board, and defines
terms for the purposes of that program. If a grant or loan from
specified moneys available for the grant and loan program is being
requested for purposes of complying with the Enhanced Vapor Recovery
Phase II regulations, existing law requires the applicant to have
applied for or obtained a permit from an air quality management
district by April 1, 2009, and have obtained an enforcement agreement
or other binding obligation by June 30, 2009.
This bill would revise the definition of "project tank" to include
one or more tanks that are upgraded to comply with the Enhanced
Vapor Recovery Phase II regulations, and would require a grant
application to include a detailed description of the costs incurred
to perform the work and complete the Enhanced Vapor Recovery Phase II
upgrade, if applicable. If the board received an applicant's grant
application on or before April 1, 2009, the bill would authorize
grant funds to be used to reimburse up to 100% of the costs that the
applicant incurred after the board received the grant application to
comply with the Enhanced Vapor Recovery Phase II regulations.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25299.43 of the Health and Safety Code is
amended to read:
25299.43. (a) To implement the changes to this chapter made by
Chapter 1191 of the Statutes of 1994, and consistent with Section
25299.40, effective January 1, 1995, every owner subject to Section
25299.41 shall pay a storage fee of one mill ($0.001) for each gallon
of petroleum placed in an underground storage tank that the person
owns, in addition to the fee required by Section 25299.41.
(b) On and after January 1, 1996, the storage fee imposed under
subdivision (a) shall be increased by two mills ($0.002) for each
gallon of petroleum placed in an underground storage tank.
(c) On and after January 1, 1997, the storage fee increased under
subdivision (b) shall be increased by an additional three mills
($0.003) for each gallon of petroleum placed in an underground
storage tank.
(d) On and after January 1, 2005, the storage fee increased under
subdivision (c) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
(e) On and after January 1, 2006, the storage fee increased under
subdivision (d) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
(f) On and after January 1, 2010, the storage fee increased under
subdivision (e) shall be increased by an additional six mills
($0.006) for each gallon of petroleum placed in an underground
storage tank. The increase provided for in this subdivision shall be
effective until January 1, 2012, at which time, the fee shall revert
back to the fee pursuant to subdivision (e).
(g) The fee imposed under this section shall be paid to the State
Board of Equalization under Part 26 (commencing with Section 50101)
of Division 2 of the Revenue and Taxation Code in the same manner as,
and consistent with, the fees imposed under Section 24299.41.
(h) The State Board of Equalization shall amend the regulations
adopted under Section 25299.41 to carry out this section.
SEC. 2. Section 25299.50.3 of the Health and Safety Code is
amended to read:
25299.50.3. (a) For purposes of this section, "school district"
means a school district as defined in Section 80 of the Education
Code, or a county office of education.
(b) The School District Account is hereby created in the
Underground Storage Tank Cleanup Fund, for expenditure by the board
to pay a claim filed by a district that is a school district and has
a priority based on paragraph (2), (3), or (4) of subdivision (b) of
Section 25299.52. Notwithstanding Section 25299.52, in the 2009-10,
2010-11, and 2011-12 fiscal years, the board shall pay a claim filed
by a district that is a school district and has a priority based on
paragraph (4) of subdivision (b) of Section 25299.52 only from funds
appropriated from the School District Account.
(c) (1) The sum of ten million dollars ($10,000,000) per year
shall be transferred, in the 2009-10, 2010-11, and 2011-12 fiscal
years, from the Underground Storage Tank Cleanup Fund to the School
District Account, for expenditure upon appropriation by the
Legislature for the payment of claims filed by a district that is a
school district with a priority based on paragraph (2), (3), or (4)
of subdivision (b) of Section 25299.52. The ten million dollars
($10,000,000) shall be transferred to the School District Account
prior to allocating the remaining available funds to each priority
ranking in paragraphs (1), (2), (3), and (4) of subdivision (b) of
Section 25299.52.
(2) The board shall consult with the Department of Toxic
Substances Control in allocating the funds transferred to the School
District Account.
(3) The board shall pay claims from a school district with a
priority based on paragraph (4) of subdivision (b) of Section
25299.52 from the School District Account in the order of the date of
the filing of the claim application to the Underground Storage Tank
Cleanup Fund. In each of the fiscal years identified in subdivision
(b), if the board estimates that money will be available in the
School District Account after the board has allocated funding for all
submitted claims from school districts with a priority based on
paragraph (4) of subdivision (b) of Section 25299.52, School District
Account funds may be used to fund school district claims with a
priority based on paragraph (2) or (3) of subdivision (b) of Section
25299.52.
(d) Funds in the School District Account that are not expended in
the 2009-10 or 2010-11 fiscal years shall remain in the School
District Account. Unencumbered funds remaining in the School District
Account on July 1, 2012, shall be transferred to the Underground
Storage Tank Cleanup Fund. Encumbered funds remaining in the School
District Account on July 1, 2012, shall remain in the School District
Account. Those encumbered funds remaining in the School District
Account on July 1, 2012, shall be liquidated on or before June 30,
2014.
(e) The board shall include information on the expenditure of the
funds transferred to the School District Account, as well as the
amount of all claims filed by districts that are school districts and
the amount of reimbursements made to districts that are school
districts from the Underground Storage Tank Cleanup Fund, in its
annual report, and shall, in consultation with the Department of
Toxic Substances Control, estimate the amount of funds needed to
reimburse anticipated future claims by districts that are school
districts. The board shall provide a copy of this report to the State
Allocation Board and the State Department of Education.
(f) This section does not affect the priority of a district that
is a school district and has a priority based on paragraph (2) or (3)
of subdivision (b) of Section 25299.52.
(g) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.
SEC. 3. Section 25299.51.2 is added to the Health and Safety Code,
to read:
25299.51.2. Within 90 days of the completion of any independent
program audit or fiscal audit of the fund, the board shall post the
results of the program audit or fiscal audit on the board's Internet
Web site.
SEC. 4. Section 25299.57 of the Health and Safety Code is amended
to read:
25299.57. (a) If the board makes the determination specified in
subdivision (d), the board may only pay for the costs of a corrective
action that exceed the level of financial responsibility required to
be obtained pursuant to Section 25299.32, but not more than one
million five hundred thousand dollars ($1,500,000) for each
occurrence. In the case of an owner or operator who, as of January 1,
1988, was required to perform corrective action, who initiated that
corrective action in accordance with Division 7 (commencing with
Section 13000) of the Water Code or Chapter 6.7 (commencing with
Section 25280), and who is undertaking the corrective action in
compliance with waste discharge requirements or other orders issued
pursuant to Division 7 (commencing with Section 13000) of the Water
Code or Chapter 6.7 (commencing with Section 25280), the owner or
operator may apply to the board for satisfaction of a claim filed
pursuant to this article. The board shall notify claimants applying
for satisfaction of claims from the fund of eligibility for
reimbursement in a prompt and timely manner and that a letter of
credit or commitment that will obligate funds for reimbursement shall
follow the notice of eligibility as soon thereafter as possible.
(b) (1) For claims eligible for reimbursement pursuant to
subdivision (c) of Section 25299.55, the claimant shall submit the
actual cost of corrective action to the board, which shall either
approve or disapprove the costs incurred as reasonable and necessary.
At least 15 days before the board proposes to disapprove the
reimbursement of corrective action costs that have been incurred on
the grounds that the costs were unreasonable or unnecessary, the
board shall issue a notice advising the claimant and the lead agency
of the proposed disallowance, to allow review and comment.
(2) The board shall not reject any actual costs of corrective
action in a claim solely on the basis that the invoices submitted
fail to sufficiently detail the actual costs incurred, if all of the
following apply:
(A) Auxiliary documentation is provided that documents to the
board's satisfaction that the invoice is for necessary corrective
action work.
(B) The costs of corrective action work in the claim are
reasonably commensurate with similar corrective action work performed
during the same time period covered by the invoice for which
reimbursement is sought.
(C) The invoices include a brief description of the work
performed, the date that the work was performed, the vendor, and the
amount.
(c) (1) For claims eligible for prepayment pursuant to subdivision
(c) of Section 25299.55, the claimant shall submit the estimated
cost of the corrective action to the board, which shall approve or
disapprove the reasonableness of the cost estimate.
(2) If the claim is for reimbursement of costs incurred pursuant
to a performance-based contract, Article 6.5 (commencing with Section
25299.64) shall apply to that claim.
(d) Except as provided in subdivision (j), a claim specified in
subdivision (a) may be paid if the board makes all of the following
findings:
(1) There has been an unauthorized release of petroleum into the
environment from an underground storage tank.
(2) The claimant is required to undertake or contract for
corrective action pursuant to Section 25296.10, or, as of January 1,
1988, the claimant has initiated corrective action in accordance with
Division 7 (commencing with Section 13000) of the Water Code.
(3) The claimant has complied with Section 25299.31.
(4) (A) Except as provided in subparagraphs (B), (C), and (F), the
claimant has complied with the permit requirements of Chapter 6.7
(commencing with Section 25280). A claimant shall obtain a permit
required by subdivision (a) of Section 25284 for the underground
storage tank that is the subject of the claim when the claimant
becomes subject to subdivision (a) of Section 25284 or when the
applicable local agency begins issuing permits pursuant to
subdivision (a) of Section 25284, whichever occurs later.
(B) A claimant who acquires real property on which an underground
storage tank is situated and, despite the exercise of reasonable
diligence, was unaware of the existence of the underground storage
tank when the real property was acquired, has obtained a permit
required by subdivision (a) of Section 25284 for the underground
storage tank that is the subject of the claim within a reasonable
period, not to exceed one year, from when the claimant should have
become aware of the existence of the underground storage tank, or
when the applicable local agency began issuing permits pursuant to
Section 25284, whichever occurs later.
(C) All claimants who file their claim on or after January 1,
2008, and who do not obtain a permit required by subdivision (a) of
Section 25284 in accordance with subparagraph (A) or (B) may seek a
waiver of the requirement to obtain a permit. The board shall waive
the provisions of subparagraphs (A) and (B) as a condition for
payment from the fund if the board finds all of the following:
(i) The claimant was unaware of the permit requirement, and upon
becoming aware of the permit requirement, the claimant complies with
either subdivision (a) of Section 25284 or Section 25298 and the
regulations adopted to implement those sections within a reasonable
period, not to exceed one year, from when the claimant became aware
of the permit requirement.
(ii) Prior to submittal of the application to the fund, the
claimant has complied with Section 25299.31 and has obtained and paid
for all permits currently required by this paragraph.
(iii) Prior to submittal of the application to the fund, the
claimant has paid all fees, interest, and penalties imposed pursuant
to Article 5 (commencing with Section 25299.40) of this chapter and
Part 26 (commencing with Section 50101) of Division 2 of the Revenue
and Taxation Code for the underground storage tank that is the
subject of the claim.
(D) (i) A claimant exempted pursuant to subparagraph (C) and who
has complied, on or before December 22, 1998, either with subdivision
(a) of Section 25284 or Section 25298 and the regulations adopted to
implement those sections, shall obtain a level of financial
responsibility twice as great as the amount that the claimant is
otherwise required to obtain pursuant to subdivision (a) of Section
25299.32, but not less than ten thousand dollars ($10,000). All other
claimants exempted pursuant to subparagraph (C) shall obtain a level
of financial responsibility that is four times as great as the
amount that the claimant is otherwise required to obtain pursuant to
subdivision (a) of Section 25299.32, but not less than twenty
thousand dollars ($20,000).
(ii) The board may waive the requirements of clause (i) if the
claimant can demonstrate that the conditions specified in clauses (i)
to (iii), inclusive, of subparagraph (C) were satisfied prior to the
causing of any contamination. That demonstration may be made through
a certification issued by the permitting agency based on a site
evaluation and tank tests at the time of permit application or in any
other manner acceptable to the board.
(E) All claimants who file a claim before January 1, 2008, and who
are not eligible for a waiver of the permit requirements pursuant to
applicable statutes or regulations in effect on the date of the
filing of the claim may resubmit a new claim pursuant to subparagraph
(C) on or after January 1, 2008. The board shall rank all claims
resubmitted pursuant to subparagraph (C) lower than all claims filed
before January 1, 2008, within their respective priority classes
specified in subdivision (b) of Section 25299.52.
(F) The board shall waive the provisions of subparagraph (A) as a
condition for payment from the fund for a claimant who filed his or
her claim on or after January 1, 2008, and before July 1, 2009, but
is not eligible for a waiver of the permit requirement pursuant to
the regulations adopted by the board in effect on the date of the
filing of the claim, and who did not obtain or apply for a permit
required by subdivision (a) of Section 25284, if the board finds all
of the following:
(i) The claim is filed pursuant to paragraph (2) of subdivision
(h) of Section 25299.54 and the claim otherwise satisfies the
eligibility requirements of that paragraph.
(ii) The claimant became the owner or de facto owner of an
underground storage tank prior to December 22, 1998.
(iii) The claimant did not, and does not, operate the underground
storage tank.
(iv) Within three years after becoming the owner or de facto owner
of the underground storage tank but not after December 22, 1998, the
claimant caused the underground storage tank to be removed and
closed in accordance with applicable law, and commenced no later than
December 22, 1998, to perform corrective action pursuant to Section
25296.10 of this code or pursuant to Division 7 (commencing with
Section 13000) of the Water Code.
(G) The board shall rank all claims submitted pursuant to
subparagraph (F) in their respective priority classes specified in
subdivision (b) of Section 25299.52 in the order in which the claims
are received by the board, but subsequent to any claim filed on a
previous date in each of those priority classes.
(H) For purposes of clauses (ii) and (iv) of subparagraph (F), "de
facto owner of an underground storage tank" means a person who
purchases or otherwise acquires real property, as defined in
subparagraph (D) of paragraph (5) of subdivision (h) of Section
25299.54, and has actual possession of, and control over, an
underground storage tank that has been abandoned by its previous
owner.
(5) The board has approved either the costs incurred for the
corrective action pursuant to subdivision (b) or the estimated costs
for corrective action pursuant to subdivision (c).
(6) The claimant has paid all fees, interest, and penalties
imposed pursuant to Article 5 (commencing with Section 29299.40) and
Part 26 (commencing with Section 50101) of Division 2 of the Revenue
and Taxation Code for the underground storage tank that is the
subject of the claim.
(e) The board shall provide the claimant, whose cost estimate has
been approved, a letter of commitment authorizing payment of the
costs from the fund.
(f) The claimant may submit a request for partial payment to cover
the costs of corrective action performed in stages, as approved by
the board.
(g) (1) A claimant who submits a claim for payment to the board
shall submit multiple bids for prospective costs as prescribed in
regulations adopted by the board pursuant to Section 25299.77.
(2) A claimant who submits a claim to the board for the payment of
professional engineering and geologic work shall submit multiple
proposals and fee estimates, as required by the regulations adopted
by the board pursuant to Section 25299.77. The claimant's selection
of the provider of these services is not required to be based on the
lowest estimated fee, if the fee estimate conforms with the range of
acceptable costs established by the board.
(3) A claimant who submits a claim for payment to the board for
remediation construction contracting work shall submit multiple bids,
as required in the regulations adopted by the board pursuant to
Section 25299.77.
(4) Paragraphs (1), (2), and (3) do not apply to a tank owned or
operated by a public agency if the prospective costs are for private
professional services within the meaning of Chapter 10 (commencing
with Section 4525) of Division 5 of Title 1 of the Government Code
and those services are procured in accordance with the requirements
of that chapter.
(h) The board shall provide, upon the request of a claimant,
assistance to the claimant in the selection of contractors retained
by the claimant to conduct reimbursable work related to corrective
actions. The board shall develop a summary of expected costs for
common corrective actions. This summary of expected costs may be used
by claimants as a guide in the selection and supervision of
consultants and contractors.
(i) (1) To the extent funding is available, the board shall pay,
within 60 days from the date of receipt of an invoice of
expenditures, all costs specified in the work plan developed pursuant
to Section 25296.10, and all costs that are otherwise necessary to
comply with an order issued by a local, state, or federal agency.
(2) If corrective action costs, third-party compensation costs, or
regulatory technical assistance costs submitted by a claimant are
approved for reimbursement by the board but funding is not available
for payment to the claimant at the time of approval, the board shall
reimburse carrying costs incurred by the claimant after November 7,
2008, but before June 30, 2010, subject to all of the following
limitations:
(A) The reimbursement for carrying costs shall not exceed the
carrying costs actually incurred by the claimant from the date the
corrective action costs, third-party compensation costs, or
regulatory technical assistance costs are approved for payment by the
board until the date that a check for the reimbursement request is
issued by the Controller.
(B) The reimbursement for carrying costs shall not exceed an
amount equivalent to a maximum annual percentage rate of 7 percent as
applied to the amount approved for reimbursement and for the period
calculated pursuant to subparagraph (A).
(C) The board shall not reimburse carrying costs that amount to
less than one hundred dollars ($100) per reimbursement request.
(D) The board shall not reimburse carrying costs that exceed 9
percent of the total amount of costs approved for the reimbursement
to which the carrying costs apply.
(E) A claimant may submit a request for reimbursement of carrying
costs after receipt of fund reimbursement for the corrective action
costs, third-party compensation costs, or regulatory technical
assistance costs to which the carrying costs apply. Additional
carrying costs associated with a reimbursement request for carrying
costs submitted pursuant to this paragraph are not eligible for
payment.
(F) This paragraph does not apply to tank owners or operators that
are not described in paragraphs (1), (2), or (3) of subdivision (b)
of Section 25299.52.
(3) For the purposes of paragraph (2), "carrying cost" means the
interest expense incurred by a claimant to acquire money to pay costs
approved for reimbursement by the board but for which reimbursement
is delayed because funds are unavailable.
(j) (1) The board shall pay a claim of not more than three
thousand dollars ($3,000) per occurrence for regulatory technical
assistance to an owner or operator who is otherwise eligible for
reimbursement under this chapter.
(2) For the purposes of this subdivision, regulatory technical
assistance is limited to assistance from a person, other than the
claimant, in the preparation and submission of a claim to the fund.
Regulatory technical assistance does not include assistance in
connection with proceedings under Section 25296.40, 25299.39.2, or
25299.56 or any action in court.
(k) (1) Notwithstanding any other provision of this section, the
board shall pay a claim for the costs of corrective action to a
person who owns property on which is located a release from a
petroleum underground storage tank that has been the subject of a
completed corrective action and for which additional corrective
action is required because of additionally discovered contamination
from the previous release, only if the person who carried out the
earlier and completed corrective action was eligible for, and applied
for, reimbursement pursuant to subdivision (b), and only to the
extent that the amount of reimbursement for the earlier corrective
action did not exceed the amount of reimbursement authorized by
subdivision (a). Reimbursement to a claimant on a reopened site shall
occur when funds are available, and reimbursement commitment shall
be made ahead of any new letters of commitment to be issued, as of
the date of the reopening of the claim, if funding has occurred on
the original claim, in which case funding shall occur at the time it
would have occurred under the original claim.
(2) For purposes of this subdivision, a corrective action is
completed when the local agency or regional board with jurisdiction
over the site or the board issues a closure letter pursuant to
subdivision (g) of Section 25296.10.
SEC. 5. Section 25299.62 of the Health and Safety Code is amended
to read:
25299.62. If funding is available, all reimbursement requests
that are approved shall be forwarded to the Controller within 10 days
from the date of approval, for payment by the Controller. If a
reimbursement request is approved but not forwarded to the Controller
because funding is unavailable at the time of approval, the claimant
may seek reimbursement for carrying costs actually incurred for the
approved amount pursuant to paragraph (2) of subdivision (i) of
Section 25299.57.
SEC. 6. Section 25299.100 of the Health and Safety Code is amended
to read:
25299.100. For purposes of this chapter, the following
definitions apply:
(a) "Board" means the State Water Resources Control Board.
(b) "Loan applicant" means a small business that applies to the
board for a loan pursuant to this chapter.
(c) "Grant applicant" means a small business that applies to the
board for a grant pursuant to this chapter.
(d) "Tank" means an underground storage tank, as defined in
Section 25281, used for the purpose of storing petroleum, as defined
in Section 25299.22. "Tank" also includes under-dispenser containment
systems, spill containment systems, enhanced monitoring and control
systems, and vapor recovery systems and dispensers connected to the
underground piping and the underground storage tank.
(e) "Project tank" means one or more tanks that would be upgraded,
replaced, or removed with loan or grant funds. "Project tank" also
includes one or more tanks that are upgraded to comply with the
Enhanced Vapor Recovery Phase II regulations.
SEC. 7. Section 25299.106 of the Health and Safety Code is amended
to read:
25299.106. A complete grant application shall include all of the
following information:
(a) Evidence of eligibility.
(b) Financial and legal documents necessary to demonstrate the
applicant's financial hardship, if any. The board shall develop a
standard list of documents required of all applicants, and may also
request from individual applicants additional financial and legal
documents not provided on this list.
(c) An explanation of the actions the applicant is required to
take to comply with the requirements of Sections 25284.1 and 25292.4.
(d) (1) A detailed cost estimate of the actions that are required
to be completed for the project tanks to comply with applicable
local, state, or federal standards, if applicable.
(2) A detailed description of the costs incurred to perform work
and complete the Enhanced Vapor Recovery Phase II upgrade, as
required by Section 41954 and implementing regulations, if
applicable.
(e) Any other information that the board determines to be
necessary to include in an application form.
SEC. 8. Section 25299.107 of the Health and Safety Code is amended
to read:
25299.107. (a) The minimum amount that the board may grant an
applicant is three thousand dollars ($3,000), and the maximum amount
that the board may grant an applicant is fifty thousand dollars
($50,000).
(b) Grant funds may be used to finance up to 100 percent of the
costs necessary to comply with Sections 25284.1, 25292.4, and
25292.5.
(c) If the board received the applicant's grant application on or
before April 1, 2009, grant funds may be used to reimburse up to 100
percent of the costs that the applicant incurred after the board
received the grant application to comply with the Enhanced Vapor
Recovery Phase II regulations.
(d) A person or entity is not eligible to receive more than fifty
thousand dollars ($50,000) in grant funds pursuant to this chapter.
SEC. 9. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to immediately finance projects critical to the protection
of the environment, and provide immediate funding to the small
businesses that are at immediate risk of insolvency, it is necessary
for this act to take effect immediately.