Amended in Assembly September 11, 2013

Amended in Assembly September 6, 2013

Amended in Assembly August 19, 2013

Amended in Assembly August 6, 2013

Amended in Senate April 23, 2013

Amended in Senate April 16, 2013

Senate BillNo. 763


Introduced by Senator Fuller

begin delete

(Principal coauthor: Assembly Member Wieckowski)

end delete

February 22, 2013


An act to amend Sections 25284.1,begin delete 25299.43,end delete 25299.51, 25299.102, 25299.103, 25299.104, 25299.105, 25299.106, 25299.107, 25299.109, and 25299.117 of,begin delete to add Section 25299.50.1 to,end delete to repeal Section 25299.113 of, and to repeal and add Section 25299.110 of, the Health and Safety Code, relating to underground storage tanks, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 763, as amended, Fuller. State Water Resources Control Board: underground storage tanks.

(1) Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board. Existing law, until January 1, 2016, requires the board to conduct a loan and grant program to assist small businesses in upgrading, replacing, or removing tanks meeting applicable local, state, or federal standards (UST upgrade program). Under existing law, the interest rate for loans is set at the rate earned by the Surplus Money Investment Fund at the time of the loan commitment. Existing law establishes the Petroleum Underground Storage Tank Financing Account (financing account) and, upon appropriation by the Legislature, requires moneys in the account to be used by the board to make loans and grants for purposes of the UST upgrade program. Existing law requires interest earned from the investment of the moneys in the account to be deposited into a subaccount, available upon appropriation by the Legislature for administrative expenses of the board. Existing law requires the board annually to make available not more than 33% of the available funds from the account for the purposes of providing grants.

This bill would extend the operation of the loan and grant program until January 1, 2022, except as specified with regard to certain authority.

The bill would revise loan eligibility and grant award requirements. The bill would require the board to annually make available not more than 25% of the available funds from the account for the purposes of providing grants. The bill would set the interest rate for loans at the rate equal to 12 of the most recent general obligation rate obtained by the office of the Treasurer at the time of commitment. The bill would instead require interest earned from moneys in the financing account to be deposited into that account and would eliminate the subaccount. The bill would require loan fees and various other moneys received in the implementation of the loan and grant program to be deposited into the financing account. The bill would specify that moneys in the financing account are permitted to be used, in addition to making loans and grants, to service loans, to recover defaulted loan moneys, to protect the state’s position as a lender creditor, and for administration costs, as specified. The bill would additionally authorize the board to provide grants and loans for the purposes of compliance with performance standards for the control of gasoline vapor emissions during gasoline marketing operations.

(2) Existing law establishes the Underground Storage Tank Cleanup Fund in the State Treasury and requires specified moneys to be deposited into the fund, including charges imposed upon owners of underground storage tanks. Under existing law, moneys in the fund may be expended by the board, upon appropriation by the Legislature, for various purposes, including for the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 and for transfer to the financing account.

This bill would transfer $8,000,000 of a specified portion of those charges from the fund to the financing account and appropriate these funds for the purpose of making grants and loans and administering specific provisions, as prescribed.

begin delete

(3) Under the existing Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989, every owner of an underground storage tank is 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 State Water Resources Control Board is authorized to expend the moneys in the fund, upon appropriation by the Legislature, for various purposes, including the payment of claims to aid owners and operators of petroleum underground storage tanks who take corrective action to clean up unauthorized releases from those tanks, corrective actions undertaken by the board, a California regional water quality board, or a local agency, the cleanup and oversight of unauthorized releases at abandoned tank sites, and grants to small businesses to retrofit certain hazardous substance underground storage tanks. Existing law repeals the act on January 1, 2016, but specifies that certain associated rights, obligations, and authorities that apply prior to the repeal date do not terminate until the moneys in the fund are exhausted.

end delete
begin delete

Existing law, until January 1, 2014, provides for an increase in the fee for storage in an underground tank of $0.006 per gallon of petroleum.

end delete
begin delete

This bill would require payment of the additional $0.006 per gallon until January 1, 2016.

end delete
begin delete

The bill would require the board, no later than March 31, 2014, to make specified information relating to the payment of claims and case closures available on its Internet Web site.

end delete
begin delete

This bill would constitute a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.

end delete
begin delete

(4)

end delete

begin insert(3)end insert This bill would also make technical, nonsubstantive changes to various provisions.

Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

Section 25284.1 of the Health and Safety Code
2 is amended to read:

3

25284.1.  

(a) The board shall take all of the following actions
4with regard to the prevention of unauthorized releases from
5petroleum underground storage tanks:

6(1) On or before June 1, 2000, initiate a field-based research
7program to quantify the probability and environmental significance
8of releases from underground storage tank systems meeting the
91998 upgrade requirements specified in Section 25284, as that
10section read on January 1, 2002. The research program shall do
11all of the following:

12(A) Seek to identify the source and causes of releases and any
13deficiencies in leak detection systems.

14(B) Include single-walled, double-walled, and hybrid tank
15systems, and avoid bias towards known leaking underground
16storage tank systems by including a statistically valid sample of
17all operating underground storage tank systems.

18(C) Include peer review.

19(2) Complete the research program on or before June 1, 2002.

20(3) Use the results of the research program to develop
21appropriate changes in design, construction, monitoring, operation,
22and maintenance requirements for tank systems.

23(4) On or before January 1, 2001, adopt regulations to do all of
24the following:

25(A) (i) Require underground storage tank owners, operators,
26service technicians, installers, and inspectors to meet minimum
27industry-established training standards and require tank facilities
28to be operated in a manner consistent with industry-established
29best management practices.

30(ii) The board shall implement an outreach effort to educate
31small business owners or operators on the importance of the
32regulations adopted pursuant to this subparagraph.

33(B) (i) Except as provided in clauses (ii) and (iii), require testing
34of the secondary containment components, including
35under-dispenser and pump turbine containment components, upon
36initial installation of a secondary containment component and
37periodically thereafter, to ensure that the system is capable of
38containing releases from the primary containment until a release
P5    1is detected and cleaned up. The board shall consult with the
2petroleum industry and local government to assess the appropriate
3test or tests that would comply with this subparagraph.

4(ii) Secondary containment components that are part of an
5emergency generator tank system may be tested using enhanced
6leak detection, if the test is performed at the frequency specified
7by the board for testing of secondary containment pursuant to
8Section 2644.1 of Title 23 of the California Code of Regulations.
9If the results of the enhanced leak detection test indicate that any
10component of the emergency generator tank system is leaking
11liquid or vapor, the owner or operator shall take appropriate actions
12to correct the leakage, and the owner or operator shall retest the
13 system using enhanced leak detection until the system is no longer
14leaking liquid or vapor.

15(iii) Any tank or piping that is part of an emergency generator
16tank system and located within a structure as described in paragraph
17(2) of subdivision (a) of Section 25283.5 is exempt from the
18secondary containment testing required by clause (i), if the owner
19or operator conducts visual inspections of tank or piping each time
20the tank system is operated, but no less than monthly, and maintains
21a log of inspection results for review by the local agency. This
22clause is not applicable if the board adopts regulations pursuant
23to Section 25299.3 that address the design, construction, upgrade,
24and monitoring of unburied tanks that are part of an emergency
25generator tank system.

26(C) Require annual testing of release detection sensors and
27alarms, including under-dispenser and pump turbine containment
28sensors and alarms. The board shall consult with the petroleum
29industry and local government to assess the appropriate test or
30tests that would comply with this subparagraph.

31(5) (A) Require an owner or operator of an underground storage
32tank installed after July 1, 1987, if a tank is located within 1,000
33feet of a public drinking water well, as identified pursuant to the
34state GIS mapping database, to have the underground storage tank
35system fitted, on or before July 1, 2001, with under-dispenser
36containment or a spill containment or control system that is
37approved by the board as capable of containing any accidental
38release.

39(B) Require all underground storage tanks installed after January
401, 2000, to have the tank system fitted with under-dispenser
P6    1containment or a spill containment or control system to meet the
2requirements of subparagraph (A).

3(C) Require an owner or operator of an underground storage
4tank that is not otherwise subject to subparagraph (A), and not
5subject to subparagraph (B), to have the underground storage tank
6system fitted to meet the requirements of subparagraph (A), on or
7before December 31, 2003.

8(D) On and after January 1, 2002, no person shall install, repair,
9maintain, or calibrate monitoring equipment for an underground
10storage tank unless that person satisfies both of the following
11requirements:

12(i) The person has fulfilled training standards identified by the
13board in regulations adopted pursuant to this section.

14(ii) The person possesses a tank testing license issued by the
15board pursuant to Section 25284.4, or a Class “A” General
16Engineering Contractor License, C-10 Electrical Contractor
17License, C-34 Pipeline Contractor License, C-36 Plumbing
18Contractor License, or C-61 (D40) Limited Specialty Service
19Station Equipment and Maintenance Contractor License issued by
20the Contractors’ State License Board.

21(E) Loans and grants for the installation of under-dispenser
22containment or a spill containment or control system shall be made
23available pursuant to Chapter 6.76 (commencing with Section
24 25299.100).

25(6) Convene a panel of local agency and regional board
26representatives to review existing enforcement authority and
27procedures and to advise the board of any changes that are needed
28to enable local agencies to take adequate enforcement action against
29owners and operators of noncompliant underground storage tank
30facilities. The panel shall make its recommendations to the board
31on or before September 30, 2001. Based on the recommendations
32of the panel, the board shall also establish effective enforcement
33procedures in cases involving fraud.

34(b) On or before July 1, 2001, the Contractors’ State License
35Board, in consultation with the board, the petroleum industry, air
36pollution control districts, air quality management districts, and
37local government, shall review its requirements for petroleum
38underground storage tank system installation and removal
39contractors and make changes, where appropriate, to ensure these
40contractors are qualified.

begin delete
P7    1

SEC. 2.  

Section 25299.43 of the Health and Safety Code is
2amended to read:

3

25299.43.  

(a) To implement the changes to this chapter made
4by Chapter 1191 of the Statutes of 1994, and consistent with
5Section 25299.40, effective January 1, 1995, every owner subject
6to Section 25299.41 shall pay a storage fee of one mill ($0.001)
7for each gallon of petroleum placed in an underground storage
8tank that the person owns, in addition to the fee required by Section
925299.41.

10(b) On and after January 1, 1996, the storage fee imposed under
11subdivision (a) shall be increased by two mills ($0.002) for each
12gallon of petroleum placed in an underground storage tank.

13(c) On and after January 1, 1997, the storage fee increased under
14subdivision (b) shall be increased by an additional three mills
15 ($0.003) for each gallon of petroleum placed in an underground
16storage tank.

17(d) On and after January 1, 2005, the storage fee increased under
18subdivision (c) shall be increased by an additional one mill ($0.001)
19for each gallon of petroleum placed in an underground storage
20tank.

21(e) On and after January 1, 2006, the storage fee increased under
22subdivision (d) shall be increased by an additional one mill
23($0.001) for each gallon of petroleum placed in an underground
24storage tank.

25(f) On and after January 1, 2010, the storage fee increased under
26subdivision (e) shall be increased by an additional six mills
27($0.006) for each gallon of petroleum placed in an underground
28storage tank. The increase provided for in this subdivision shall
29be effective until January 1, 2016, at which time, the fee shall
30revert back to the fee pursuant to subdivision (e).

31(g) The fee imposed under this section shall be paid to the State
32Board of Equalization under Part 26 (commencing with Section
3350101) of Division 2 of the Revenue and Taxation Code in the
34same manner as, and consistent with, the fees imposed under
35Section 24299.41.

36(h) The State Board of Equalization shall amend the regulations
37adopted under Section 25299.41 to carry out this section.

38

SEC. 3.  

Section 25299.50.1 is added to the Health and Safety
39Code
, to read:

P8    1

25299.50.1.  

In addition to the requirement in subdivision (d)
2of Section 25299.81, and to the extent permitted by existing laws
3protecting the confidentiality of records and the release of personal
4information, the board shall, no later than March 31, 2014, also
5make the following information, including information for
6underground storage tanks that are provided moneys from the fund
7and those not provided any money from the fund where
8appropriate, available on its Internet Web site:

9(a) An update on the number of underground storage tank cases
10remaining open, the number of closed cases, the number of closed
11cases still awaiting funding, and an estimate of the total fund
12liability given known or expected claims for all cases managed
13both by the board and by a local oversight program certified
14pursuant to Section 25297.01 or regional boards.

15(b) A review and analysis as to whether an individual local
16oversight program or regional board is interpreting the Low-Threat
17Closure Policy adopted by the board pursuant to this chapter in a
18manner consistent with its intent and with the interpretation of the
19board, and whether cases are being closed by a local oversight
20program or regional board at rates determined appropriate by the
21board.

22(c) The total projected number of underground storage tank
23cases, as determined by the board, in consultation with local
24oversight programs and regional boards, that are ready for closure,
25but that have not yet been closed.

26(d) A review of the local oversight program certification process
27implemented by the board pursuant to Section 25297.01, including
28 the progress towards closure of those cases under the jurisdiction
29of the certified local oversight program agencies.

30(e) A projection of the fiscal state of the fund for both existing
31and pending claims using a variety of fee levels, with an average
32claim closure expectation of five years, to provide fund claim
33reimbursement scenarios based upon these differing fee levels.

34(f) A projection of the time periods, for both existing and
35pending claims, in which all existing claims might be completed,
36based on the various fee level projections.

37(g) The total number of claims that have been processed and
38are only awaiting reimbursement, with the information segregated
39by the class of the claimant.

P9    1(h) An itemization of actual administrative expenses paid out
2 of moneys in the fund during the previous five fiscal years,
3including, to the extent possible, payments to previous local
4implementing agencies, local oversight program agencies, and
5regional boards. To the extent possible, the itemization shall also
6include a five-year projection of annual payments by the board to
7local oversight program agencies in connection with administrative
8expenses related to the implementation of the local oversight
9program.

10(i) To the extent possible, a current estimate of the average claim
11duration in the fund by class, and a projection of average claim
12duration in the fund for the next five years, segregated by claimant
13class.

end delete
14

begin deleteSEC. 4.end delete
15begin insertSEC. 2.end insert  

Section 25299.51 of the Health and Safety Code is
16amended to read:

17

25299.51.  

The board may expend the money in the fund for
18all the following purposes:

19(a) In addition to the purposes specified in subdivisions (c), (d),
20and (e), for the costs of implementing this chapter and for
21implementing Section 25296.10 for a tank that is subject to this
22chapter.

23(b) To pay for the administrative costs of the State Board of
24Equalization in collecting the fee imposed by Article 5
25(commencing with Section 25299.40).

26(c) To pay for the reasonable and necessary costs of corrective
27action pursuant to Section 25299.36, up to one million five hundred
28thousand dollars ($1,500,000) per occurrence. The Legislature
29may appropriate the money in the fund for expenditure by the
30board, without regard to fiscal year, for prompt action in response
31to any unauthorized release.

32(d) To pay for the costs of an agreement for the abatement of,
33and oversight of the abatement of, an unauthorized release of
34hazardous substances from underground storage tanks, by a local
35agency, as authorized by Section 25297.1 or by any other provision
36of law, except that, for the purpose of expenditure of these funds,
37only underground storage tanks, as defined in Section 25299.24,
38shall be the subject of the agreement.

39(e) To pay for the costs of cleanup and oversight of unauthorized
40releases at abandoned tank sites. The board shall not expend more
P10   1than 25 percent of the total amount of money collected and
2deposited in the fund annually for the purposes of this subdivision
3and subdivision (h).

4(f) To pay claims pursuant to Section 25299.57.

5(g) To pay, upon order of the Controller, for refunds pursuant
6to Part 26 (commencing with Section 50101) of Division 2 of the
7Revenue and Taxation Code.

8(h) To pay for the reasonable and necessary costs of corrective
9action pursuant to subdivision (f) of Section 25296.10, in response
10to an unauthorized release from an underground storage tank
11subject to this chapter.

12(i) To pay claims pursuant to Section 25299.58.

13(j) To pay for expenditures by the board associated with
14discovering violations of, and enforcing, or assisting in the
15enforcement of, the requirements of Chapter 6.7 (commencing
16with Section 25280) with regard to petroleum underground storage
17tanks.

18(k) For transfer to the Petroleum Underground Storage Tank
19Financing Account, for purposes of Chapter 6.76 (commencing
20with Section 25299.100).

21

begin deleteSEC. 5.end delete
22begin insertSEC. 3.end insert  

Section 25299.102 of the Health and Safety Code is
23amended to read:

24

25299.102.  

The board shall only make loan funds available to
25loan applicants that meet all of the following eligibility
26requirements:

27(a) The loan applicant is a small business, either as defined in
28Section 632 of Title 15 of the United States Code, and in the federal
29regulations adopted to implement that section, as specified in Part
30121 (commencing with Section 121.101) of Chapter I of Title 13
31of the Code of Federal Regulations, or employs fewer than 500
32full-time and part-time employees, is independently owned and
33operated, and is not dominant in its field of operation. In either
34case, the principal office of the small business shall be domiciled
35in the state, and the officers of the small business shall be domiciled
36in this state. The board shall give priority to awarding loans to
37small businesses that meet the definition of small business specified
38in subdivision (d) of Section 14837 of the Government Code.

39(b) The loan applicant owns or operates a project tank.

P11   1(c) The loan applicant demonstrates the ability to repay the loan,
2and the availability of adequate collateral to secure the loan.

3(d) All tanks owned and operated by the loan applicant are
4subject to compliance with Chapter 6.7 (commencing with Section
525280), and the regulations adopted pursuant to that chapter.

6(e) The loan applicant has complied, or will comply, with the
7financial responsibility requirements specified in Section 25299.31
8and the regulations adopted pursuant to this section.

9

begin deleteSEC. 6.end delete
10begin insertSEC. 4.end insert  

Section 25299.103 of the Health and Safety Code is
11amended to read:

12

25299.103.  

(a) A complete loan application shall include all
13of the following:

14(1) Evidence of eligibility.

15(2) An environmental audit, as specified in Section 5260 of Title
1610 of the California Code of Regulations.

17(3) Financial and legal documents necessary to demonstrate the
18applicant’s ability to repay and provide collateral for the loan. The
19board shall develop a standard list of documents required of all
20applicants, and may also request from individual applicants
21additional financial and legal documents not provided on this list.

22(4) An explanation of the reasons why the project tank is not in
23compliance with applicable local, state, or federal standards, and
24evidence that tanks not included in the list of project tanks are
25currently in compliance with applicable local, state, or federal
26standards.

27(5) A detailed cost estimate of the tasks that are required to be
28completed in order for the project tanks to comply with applicable
29local, state, or federal standards.

30(6) Any other information that the board determines to be
31necessary to include in an application form.

32(b) Notwithstanding paragraph (4) of subdivision (a), the board
33may not refuse to grant a loan to an applicant solely because the
34applicant has failed to obtain a permit pursuant to the requirements
35of Chapter 6.7 (commencing with Section 25280).

36

begin deleteSEC. 7.end delete
37begin insertSEC. 5.end insert  

Section 25299.104 of the Health and Safety Code is
38amended to read:

39

25299.104.  

(a) The minimum amount that the board may loan
40an applicant is ten thousand dollars ($10,000), and the maximum
P12   1amount that the board may loan an applicant is seven hundred fifty
2thousand dollars ($750,000).

3(b) The term of the loan shall be for a maximum of 20 years if
4secured by real property, and for 10 years if not secured by real
5property. The interest rate for loans shall be set at the rate equal
6to one-half of the most recent general obligation bond rate obtained
7by the office of the Treasurer at the time of the loan commitment.

8(c) Loan funds may be used to finance up to 100 percent of the
9costs necessary to upgrade, remove, or replace project tanks,
10including corrective actions, to meet applicable local, state, or
11federal standards, including, but not limited to, any design,
12construction, monitoring, operation, or maintenance requirements
13adopted pursuant to Sections 25284.1, 25292.4, and 41954.

14(d) The board may charge a loan fee to loan applicants of up to
152 percent of the requested loan amount. The loan fee shall be
16deposited in the Petroleum Underground Storage Tank Financing
17Account.

18(e) The inoperation or repeal of this chapter pursuant to Section
1925299.117 shall not extinguish a loan obligation and shall not
20impair the deed of trust or other collateral made pursuant to this
21chapter or the authority of the state to pursue appropriate action
22for collection.

23

begin deleteSEC. 8.end delete
24begin insertSEC. 6.end insert  

Section 25299.105 of the Health and Safety Code is
25amended to read:

26

25299.105.  

(a) The board shall make grant funds available
27from the Petroleum Underground Storage Tank Financing Account
28to eligible grant applicants who meet all of the following eligibility
29requirements:

30(1) The grant applicant is a small business, pursuant to the
31following requirements:

32(A) The grant applicant meets the conditions for a small business
33concern as defined in Section 632 of Title 15 of the United States
34Code, and in the federal regulations adopted to implement that
35section, as specified in Part 121 (commencing with Section
36121.101) of Chapter I of Title 13 of the Code of Federal
37Regulations.

38(B) The grant applicant employs fewer than 20 full-time and
39part-time employees, is independently owned and operated, and
40is not dominant in its field of operation.

P13   1(2) The principal office of the grant applicant is domiciled in
2the state and the officers of the grant applicant are domiciled in
3this state.

4(3) All tanks owned and operated by the grant applicant are
5subject to compliance with Chapter 6.7 (commencing with Section
625280) and the regulations adopted pursuant to that chapter.

7(4) The facility where the project tank is located has sold at
8retail less than 900,000 gallons of gasoline annually for each of
9the two years preceding the submission of the grant application.
10The number of gallons sold shall be based upon taxable sales
11figures provided to the State Board of Equalization for that facility.

12(5) The grant applicant owns or operates a tank that is in
13compliance with all of the following:

14(A) Section 41954.

15(B) Any of the following:

16(i) Section 25290.1.

17(ii) Section 25290.2.

18(iii) Section 25291.

19(iv) Subdivisions (d) and (e) of Section 25292.

20(C) Any regulation implementing the applicable sections
21required for compliance with subparagraphs (A) and (B).

22(6) The facility where the project tank is located was legally in
23business retailing gasoline after January 1, 1999.

24(b) Grant funds may only be used to pay the costs necessary to
25comply with the requirements of Section 25284.1, 25292.4,
2625292.5, or 41954.

27

begin deleteSEC. 9.end delete
28begin insertSEC. 7.end insert  

Section 25299.106 of the Health and Safety Code is
29amended to read:

30

25299.106.  

A complete grant application shall include all of
31the following information:

32(a) Evidence of eligibility.

33(b) The board shall develop a standard list of documents required
34of all applicants, and may also request from individual applicants
35additional financial and legal documents not provided on this list.

36(c) An explanation of the actions the applicant is required to
37take to comply with the requirements of Sections 25284.1 and
3825292.4 or Section 41954.

P14   1(d) A detailed cost estimate of the actions that are required to
2be completed for the project tanks to comply with applicable local,
3state, or federal standards, if applicable.

4(e) Any other information that the board determines to be
5necessary to include in an application form.

6

begin deleteSEC. 10.end delete
7begin insertSEC. 8.end insert  

Section 25299.107 of the Health and Safety Code is
8amended to read:

9

25299.107.  

(a) The minimum amount that the board may grant
10an applicant is three thousand dollars ($3,000), and the maximum
11amount that the board may grant an applicant is fifty thousand
12dollars ($50,000).

13(b) Grant funds may be used to finance up to 100 percent of the
14costs necessary to comply with Sections 25284.1, 25292.4,
1525292.5, and 41954.

16(c) If the board received the applicant’s grant application on or
17before April 1, 2009, grant funds may be used to reimburse up to
18100 percent of the costs that the applicant incurred after the board
19received the grant application to comply with the Enhanced Vapor
20Recovery Phase II regulations.

21(d) A person or entity is not eligible to receive more than fifty
22thousand dollars ($50,000) in grant funds pursuant to this chapter.

23

begin deleteSEC. 11.end delete
24begin insertSEC. 9.end insert  

Section 25299.109 of the Health and Safety Code is
25amended to read:

26

25299.109.  

(a) The Petroleum Underground Storage Tank
27Financing Account is hereby created in the State Treasury. All of
28the following moneys shall be deposited in the Petroleum
29Underground Storage Tank Financing Account:

30(1) Federal, state, and local funds transferred for deposit in the
31account.

32(2) Repayments of loans and interest and late fees on loans
33issued pursuant to this chapter.

34(3) Repayments of loans and interest and late fees on loans
35issued pursuant to former Chapter 8.5 (commencing with Section
3615399.10) of Part 6.7 of Division 3 of Title 2 of the Government
37Code, as that chapter existed on December 31, 2003.

38(4) Moneys collected pursuant to Section 25299.110 and
39subdivision (d) of Section 25299.104.

P15   1(5) Repayments of loan and grant moneys paid to a loan or grant
2applicant to which the applicant is not entitled.

3(6) Notwithstanding Section 16305.7 of the Government Code,
4all interest earned upon moneys that are deposited in the account.

5(7) All unexpended moneys in a subaccount of the account that
6is consolidated into the account by the act adding this paragraph.

7(8) All unexpended moneys in the Petroleum Financing
8Collection Account established pursuant to Section 25299.110, as
9added by Section 1 of Chapter 624 of the Statutes of 2004.

10(b) Upon appropriation by the Legislature, funds in the account
11shall be used by the board to make loans and grants, service loans,
12recover defaulted loan moneys due, protect the state’s position as
13a lender creditor, and administer this chapter.

14(c) The board shall annually make available not more than 25
15percent of the available funds from the account for the purposes
16of providing grants pursuant to this chapter.

17(d) Eight million dollars ($8,000,000) is hereby transferred from
18the portion of the fees collected pursuant to subdivisions (a) to (e),
19inclusive, of Section 25299.43 in the Underground Storage Tank
20Cleanup Fund, to the Petroleum Underground Storage Tank
21Financing Account, and is hereby appropriated for the purposes
22of making grants and loans pursuant to this chapter and
23administering this chapter.

24

begin deleteSEC. 12.end delete
25begin insertSEC. 10.end insert  

Section 25299.110 of the Health and Safety Code is
26repealed.

27

begin deleteSEC. 13.end delete
28begin insertSEC. 11.end insert  

Section 25299.110 is added to the Health and Safety
29Code
, to read:

30

25299.110.  

To defray the costs of the board in administering
31the loan program created pursuant to this chapter, the board may
32do all of the following:

33(a) Impose reasonable charges on all applications and impose
34the loan fee specified in subdivision (d) of Section 25299.104.

35(b) Recover collection costs from the borrower or other party.

36(c) Earn income on any asset recovered pursuant to a loan
37default.

38

begin deleteSEC. 14.end delete
39begin insertSEC. 12.end insert  

Section 25299.113 of the Health and Safety Code is
40repealed.

P16   1

begin deleteSEC. 15.end delete
2begin insertSEC. 13.end insert  

Section 25299.117 of the Health and Safety Code is
3amended to read:

4

25299.117.  

(a) Except as provided in subdivision (b), this
5chapter is repealed as of January 1, 2022, unless a later enacted
6statute that is enacted on or before January 1, 2022, deletes or
7extends that date.

8(b) Notwithstanding subdivision (a), the repeal of this chapter
9does not terminate any of the following rights, obligations,
10authorities, or any provision necessary to carry out these rights,
11obligations, and authority:

12(1) The repayment of loans due and payable to the board.

13(2) The resolution of any cost recovery action or the initiation
14of an action or other collection process to recover defaulted loan
15moneys due to the board or to recover grant moneys paid but to
16which the grantee is not entitled.



O

    93