AB 120, as introduced, Committee on Environmental Safety and Toxic Materials. Underground storage tanks: school districts.
Existing law allows a person required to perform corrective action in response to an unauthorized release of petroleum from an underground storage tank to apply to the State Water Resources Control Board for payment of specified portions of the costs of corrective action. Existing law establishes the Underground Storage Tank Cleanup Fund in the State Treasury and authorizes the money in the fund to be expended by the board, among other things, upon appropriation by the Legislature, to pay those claims, and requires, as a condition of eligibility for payment, that the claimant comply with the underground storage tank permit requirements. Existing law establishes until July 1, 2016, the School District Account in the Underground Storage Tank Cleanup Fund for the payment of claims filed by a school district that takes corrective action to clean up an unauthorized release from a petroleum underground storage tank.
This bill would require the board to waive the underground storage tank permit requirement for claims reimbursed from that account if the superintendent of the school district receiving the reimbursement certifies to the board that petroleum was not delivered on or after January 1, 2003, to the tank that is the subject of the claim or the tank was removed before January 1, 2003.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25299.50.3 of the Health and Safety Code
2 is amended to read:
(a) For purposes of this section, “school district”
4means a school district as defined in Section 80 of the Education
5Code, or a county office of education.
6(b) The School District Account is hereby created in the
7Underground Storage Tank Cleanup Fund, for expenditure by the
8board to pay a claim filed by a district that is a school district and
9has a priority based on paragraph (2), (3), or (4) of subdivision (b)
10of Section 25299.52. Notwithstanding Section 25299.52, in the
112009-10, 2010-11, and 2011-12 fiscal years, the board shall pay
12a claim filed by a district that is a school district and has a priority
13based on paragraph (4) of subdivision (b) of Section 25299.52
14only from funds appropriated from the School District Account.
15(c) (1) The sum of ten million dollars ($10,000,000) per year
16shall be transferred, in the 2009-10, 2010-11, and 2011-12 fiscal
17years, from the Underground Storage Tank Cleanup Fund to the
18School District Account, for expenditure, upon appropriation by
19the Legislature, for the payment of claims filed by a district that
20is a school district with a priority based on paragraph (2), (3), or
21(4) of subdivision (b) of Section 25299.52. The ten million dollars
22($10,000,000) shall be transferred to the School District Account
23prior to allocating the remaining available funds to each priority
24ranking in paragraphs (1), (2), (3), and (4) of subdivision (b) of
25Section 25299.52.
26(2) The board shall consult with the Department of Toxic
27Substances Control in allocating the funds transferred to the School
28District Account.
29(3) The board shall pay claims from a school district with a
30priority based on paragraph (4) of subdivision (b) of Section
3125299.52 from the School District Account in the order of the date
32of the filing of the claim application to the Underground Storage
P3 1Tank Cleanup Fund. In each of the fiscal years identified in
2subdivision (b), if the board estimates that money will be available
3in the School District Account after the board has allocated funding
4for all submitted claims from school districts with a priority based
5on paragraph (4) of subdivision (b) of Section 25299.52, School
6District Account funds may be used to fund school district claims
7with a priority based on paragraph (2) or (3) of subdivision (b) of
8Section 25299.52.
9(d) Funds in the School District Account that are not expended
10in a fiscal year shall remain in the School District Account. Funds
11remaining in the School District Account on January 1, 2016, shall
12be
transferred to the Underground Storage Tank Cleanup Fund.
13(e) The board shall include information on the expenditure of
14the funds transferred to the School District Account, as well as the
15amount of all claims filed by districts that are school districts and
16the amount of reimbursements made to districts that are school
17districts from the Underground Storage Tank Cleanup Fund, in its
18annual report, and shall, in consultation with the Department of
19Toxic Substances Control, estimate the amount of funds needed
20to reimburse anticipated future claims by districts that are school
21districts. The board shall provide a copy of this report to the State
22Allocation Board and the State Department of Education.
23(f) This section does not affect the priority of a district that is a
24school district and has a priority based on paragraph (2) or (3) of
25subdivision (b) of Section 25299.52.
26begin insert(g)end insertbegin insert end insertbegin insertThe board shall waive the requirements of paragraph (4) end insert
27begin insertof subdivision (d) of Section 25299.57 for a claim that is end insert
28begin insertreimbursed from the School District Account pursuant to this end insert
29begin insertsection, if the superintendent of the school district receiving the end insert
30begin insertreimbursement certifies to the board that petroleum was not end insert
31begin insertdelivered on or after January 1, 2003, to the tank that is the subject end insert
32begin insertof the claim or that the tank was removed before January 1, 2003.end insert
33(g)
end delete
34begin insert(h)end insert This section shall remain in effect only until January 1, 2016,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2016, deletes or extends that date.
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