BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 763
          Author:   Fuller (R)
          Amended:  4/23/13
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  9-0, 5/1/13
          AYES:  Hill, Gaines, Calderon, Corbett, Fuller, Hancock,  
            Jackson, Leno, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    State Water Resources Control Board:  underground  
          storage tanks

           SOURCE  :     State Water Resources Control Board


           DIGEST  :    This bill deletes the sunset date of the Replacing,  
          Removing, or Upgrading Underground Storage Tanks Program (RUST  
          Program) and revises loan eligibility and grant award  
          requirements.  Consolidates two accounts that fund the RUST  
          Program and makes an $8 million appropriation from the  
          Underground Storage Tank Cleanup Fund (USTCF) to the RUST  
          Program for grants and loans.

           ANALYSIS  :    

          Existing law:

           1. Provides for the regulation of underground storage tanks  
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             (USTs) by the State Water Resources Control Board (SWRCB). 

           2. Requires, until January 1, 2016, SWRCB to conduct a loan and  
             grant program to assist small businesses in upgrading,  
             replacing, or removing tanks meeting applicable local, state,  
             or federal standards through the RUST program.

           3. Requires that the interest rate for loans given through the  
             RUST program be set at the rate earned by the Surplus Money  
             Investment Fund at the time of the loan commitment. 

           4. Establishes the Petroleum Underground Storage Tank Financing  
             Account (PUSTFA) and, upon appropriation by the Legislature,  
             requires moneys in the account to be used by SWRCB to make  
             loans and grants for purposes of the RUST program. 

           5. 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 SWRCB.

           6. Requires SWRCB annually to make available not more than 33%  
             of the available funds from the account for the purposes of  
             providing grants through the RUST program.

           7. Establishes the UST Cleanup Fund in the State Treasury and  
             requires specified moneys to be deposited into the fund.   
             Monies in the fund may be expended by SWRCB, upon  
             appropriation by the Legislature, for purposes of the Barry  
             Keene Underground Storage Tank Cleanup Trust Fund Act of  
             1989.

          This bill:  

           1. Extends the RUST loan and grant program indefinitely and  
             revises loan eligibility and grant award requirements.

           2. Requires SWRCB to annually make available not more than 15%  
             of the available funds from the account for the purposes of  
             providing grants.

           3. Sets the interest rate for loans given through the RUST  
             program at the rate equal to half of the most recent general  
             obligation rate obtained by the Office of the Treasurer at  

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             the time of commitment.

           4. Requires interest earned from monies in the financing  
             account to be deposited into that account and eliminates the  
             existing subaccount.

           5. Requires loan fees and various other monies received in the  
             implementation of the loan and grant program to be deposited  
             into the account.

           6. Specifies that monies in the account are permitted to be  
             used, in addition to making loans and grants, to service  
             loans, to recover defaulted loan monies, to protect the  
             state's position as a lender creditor, and for administration  
             costs, as specified.

           7. Transfers $8,000,000 from the UST Cleanup Fund to the  
             financing account and appropriates these funds for the  
             purpose of making grants and loans through the RUST program  
             and administering specific provisions, as prescribed.

           Background
           
           RUST program  .  Federal and state laws require every owner and  
          operator of a petroleum UST to maintain financial responsibility  
          to pay for any damages arising from their tank operations.  The  
          UST Cleanup Fund Act was created by the California Legislature  
          to provide a means for petroleum UST owners and operators to  
          meet the federal and state requirements and pay for the cleanup  
          of contaminated soil and groundwater when a leak is discovered.   
          The UST Cleanup Fund is administered by SWRCB.

          In addition, SWRCB's Division of Financial Assistance offers  
          direct grants and loans to assist small gas station owners and  
          operators to comply with UST regulatory requirements through the  
          RUST program.  This program is available for upgrades, not costs  
          associated with remediation after a leak, with the intent of  
          helping to prevent contamination from ever occurring. 

          RUST grants are given to small businesses that are independently  
          owned and operated with less than 20 employees.  The grants  
          range from $3,000 to $50,000.  RUST grant funds may be used to  
          finance up to 100% of the costs necessary to upgrade USTs by  
          installing containment sumps, double-walled piping, dispensers,  

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          under-dispenser containment boxes/pans, electronic monitoring  
          systems, and enhanced vapor recovery systems and conduct  
          enhanced leak detection tests.
          
          RUST loans are given to companies that have fewer than 500 full  
          or part-time employees and may range from $10,000 to $750,000.   
          RUST loans may be used to finance up to 100% of the costs  
          necessary to upgrade, remove, or replace USTs, including  
          corrective actions, to meet applicable local, state, or federal  
          standards, including, but not limited to, any design,  
          construction, monitoring, operation, or maintenance requirements  
          adopted pursuant to Health and Safety Code Sections 25284.1 and  
          25292.4.  Typical eligible costs are replacing USTs, installing  
          containment sumps, double-walled piping, dispensers,  
          under-dispenser containment boxes/pans, electronic monitoring  
          systems, and enhanced vapor recovery systems, and conducting  
          enhanced leak detection tests.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No


          According to the Senate Appropriations Committee:


           One-time appropriation of $8 million from the USTCF (special)  
            to fund the RUST Program.


           Increased revenues of approximately $1.1 million over five  
            years to the PUSTFA (special) from increased investment  
            interest and increased loan rates. 


           One-time increase of $2.7 million into the RUST Account from  
            PUSTFA. 

           On-going increased annual expenditures of approximately  
            $400,000 from the RUST Account for administrative costs that  
            are currently funded by the PUSTFA. 

           SUPPORT  :   (Verified  5/23/13)

          State Water Resources Control Board (source)

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          California Independent Oil Marketers Association
          California Service Station and Auto Repair Association
          CORE Environmental Reform, Inc.


           ARGUMENTS IN SUPPORT  :    According to the author's office, this  
          bill proposes to delete the sunset date of the RUST program and  
          makes various changes to the program to improve its  
          effectiveness and efficiency, and ensures its long-term  
          viability.  Extending the program and increasing its efficiency  
          enables the SWRCB to continue to help small businesses upgrade,  
          remove, or replace their USTs to meet regulatory requirements,  
          thereby continuing to help protect public health and the  
          environment.  


          RM:d  5/24/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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