BILL NUMBER: AB 1701	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Wieckowski and Smyth

                        FEBRUARY 15, 2012

   An act to amend Sections 25299.109 and 25299.206 of the Health and
Safety Code, relating to underground storage tanks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1701, as introduced, Wieckowski. Underground storage tanks:
funds.
   Existing law requires the State Water Resources Control Board to
conduct a grant program to assist small businesses in meeting certain
requirements with regard to underground storage tanks and the board
is required to make these grant funds available from the Petroleum
Underground Storage Tank Financing Account for purposes of this
program. The funds in the Petroleum Underground Storage Tank
Financing Account are available for expenditure by the board, upon
appropriation by the Legislature, with regard to a specified grant
and loan program. Under the existing Barry Keene Underground Storage
Tank Cleanup Trust Fund Act of 1989, owners and operators of
petroleum underground storage tanks are required to pay a storage fee
for each gallon of petroleum placed in the tank. The fees are
required to be deposited in the Underground Storage Tank Cleanup
Fund, and the money in the fund is authorized to be expended by the
board, upon appropriation by the Legislature, for various purposes.
   This bill would delete an obsolete provision regarding the
transfer of funds from the fund to that account and would clarify
that the funds in the account may be expended by the board for
purposes of this grant program.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25299.109 of the Health and Safety Code is
amended to read:
   25299.109.  (a) The Petroleum Underground Storage Tank Financing
Account is hereby created in the State Treasury. The Petroleum
Underground Storage Tank Financing Account is created for both of the
following purposes:
   (1) Receiving federal, state, and local money.
   (2) Receiving repayments of loans and interest and late fees on
those accounts.
   (b) Upon appropriation by the Legislature, funds in the account
shall be used by the board only to make loans and grants pursuant to
this chapter  and grants pursuant to Chapter 6.77  
(commencing with Section 25299.200)  .
   (c) The board shall annually make available not more than 33
percent of the available funds from the account for the purposes of
providing grants pursuant to this chapter. Funds transferred pursuant
to subdivision (e) shall not be used in calculating the maximum
amount that may be made available for grant funding.
   (d) Notwithstanding Section 16305.7 of the Government Code, all
interest or other increments resulting from the investment of the
funds in the Petroleum Underground Storage Tank Financing Account
pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of
Part 2 of Division 4 of Title 2 of the Government Code shall be
deposited in a subaccount of the Petroleum Underground Storage Tank
Financing Account, and expended only pursuant to Section 25299.113.
   (e) (1) The sum of eight million dollars ($8,000,000) is hereby
transferred from the subaccount established in subdivision (d) to the
Petroleum Underground Storage Tank Financing Account and is
appropriated for the purpose of making grants and loans pursuant to
this chapter in the 2008-09 and 2009-10 fiscal years.
   (2) An application for grant funding pursuant to this subdivision
must have been received not later than June 30, 2009.
   (3) If a grant or loan from moneys transferred pursuant to this
subdivision is being requested for the purpose of compliance with
Enhanced Vapor Recovery Phase II regulations, then the applicant must
have applied for or obtained a permit from the air quality
management district by April 1, 2009, and have obtained an
enforcement agreement or other binding obligation by June 30, 2009.
  SEC. 2.  Section 25299.206 of the Health and Safety Code is amended
to read: 
   25299.206.  (a)  The board shall transfer the sum of three million
five hundred thousand dollars ($3,500,000) for the 2004-05 fiscal
year, from the Underground Storage Tank Cleanup Fund to the account.
Those funds are hereby appropriated to the board in each of those
fiscal years for making grants pursuant to this chapter and
administering this chapter.
   (b)  At the end of each fiscal year, any 
    25299.206.   Any funds transferred from the
Underground Storage Tank Cleanup Fund  pursuant to this section
on or before January 1 ,2013,  that remain in the account shall
revert to the Underground Storage Tank Cleanup Fund.