Chapter 6.77 - Grants for Installing Underground Storage Tanks

California Health and Safety Code — §§ 25299.200-25299.206

Sections (9)

Amended by Stats. 1991, Ch. 724, Sec. 1. Effective October 9, 1991.

(a)Except as provided in subdivision (a) of Section 25299.4, this chapter does not preclude or deny the right of a local agency to adopt and enforce any regulation, requirement, or standard of performance that is more stringent than a regulation, requirement, or standard of performance in effect under this chapter with respect to underground storage tanks, if the regulation, requirement, or standard of performance, as provided in this subdivision, is consistent with this chapter.

(b)This chapter shall not be construed to preclude or deny

the right of a local agency to regulate tanks which are not subject to regulation under this chapter or the federal act.

§ 25299.20

Added by renumbering Section 25299.19 by Stats. 1990, Ch. 1217, Sec. 6. Effective September 24, 1990.

“Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank containing petroleum. “Operator” includes any city, county, or district, or any agency or department thereof, but does not include the state or any agency or department thereof, or the federal government.

§ 25299.200

Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.

For purposes of this chapter, the following definitions apply:

(a)“Account” means the Petroleum Underground Storage Tank Financing Account.

(b)“Board” means the State Water Resources Control Board.

(c)“Grant applicant” means a small business, as described in paragraph (1) of subdivision (a) of Section 25299.202, that applies to the board for a grant pursuant to

this chapter.

(d)“Tank” means an underground storage tank, as defined in Section 25281, installed in accordance with the requirements of Section 25290.1 on and after July 1, 2004, but before June 30, 2009, that is used for the purpose of storing petroleum, as defined in Section 25299.22.

§ 25299.201

Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.

(a)The board shall conduct a grant program pursuant to this chapter, to assist small businesses in meeting the requirements of subdivisions (e) and (j) of Section 25290.1.

(b)For purposes of this chapter, a grant provided to assist a small business in complying with subdivision (j) of Section 25290.1 may include the cost of pretesting the underground storage tank prior to backfill, in order to evaluate the underground storage tank’s ability to pass the test required by

subdivision (j) of Section 25290.1.

§ 25299.202

Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.

(a)The board shall make grant funds available from the Petroleum Underground Storage Tank Financing Account to eligible grant applicants that meet the following conditions:

(1)The grant applicant is a small business that employs fewer than 500 full-time and part-time employees, is independently owned and operated, and is not dominant in its field of operation.

(2)The principal office of the grant applicant

is domiciled in the state, and the officers of the grant applicant are domiciled in the state.

(3)All tanks owned and operated by the grant applicant are subject to compliance with Chapter 6.7 (commencing with Section 25280), and the regulations adopted pursuant to that chapter.

(b)A grant applicant may expend grant funds only to pay the costs necessary to comply with subdivision (j) of Section 25290.1, and to finance the leak detection equipment costs necessary to meet with the requirements of subdivision (e) of Section 25290.1.

§ 25299.203

Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.

(a)The board may issue a grant pursuant to this chapter before the installation of the tank, or within 12 months after the tank has been installed and placed in use.

(b)A complete grant application shall include all of the following information:

(1)Evidence of eligibility.

(2)A detailed cost estimate of the work and equipment required to

be completed or installed for the tank to comply with subdivision (e) or (j) of Section 25290.1, as applicable.

(3)A detailed description of the costs incurred to perform the work and install the equipment required for the tank to comply with subdivision (e) or (j) of Section 25290.1, as applicable.

(4)Any other information the board determines is necessary to be included in the application form.

§ 25299.204

Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.

(a)A grant recipient may use grant funds to finance or reimburse up to 100 percent of the costs necessary to comply with subdivision (j) of Section 25290.1, and to finance or reimburse the leak detection equipment costs necessary to meet the requirements of subdivision (e) of Section 25290.1.

(b)The board, pursuant to this chapter, shall not grant more than fifteen thousand dollars ($15,000) per facility, as defined in Section 25281, to assist a grant applicant in meeting

the requirements of subdivision (e) of Section 25290.1.

(c)The board, pursuant to this chapter, shall not grant more than fifteen thousand dollars ($15,000) per facility, as defined in Section 25281, to assist a grant applicant in meeting the requirements of subdivision (j) of Section 25290.1.

§ 25299.205

Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004. This section is nonoperative pursuant to (and except for) paragraph (1) of subdivision (b).

(a)(1) The Petroleum Underground Storage Tank Financing Account is hereby created in the State Treasury.

(2)The funds deposited into the account may be expended by the board, upon appropriation by the Legislature, for making grants pursuant to this chapter and administering this chapter.

(b)(1) This section shall not become operative if Assembly Bill 1068 of the 2003–04 Regular Session of the Legislature is enacted and takes effect on or before January 1, 2005, that bill creates the Petroleum Underground Storage Tank Financing Account in the State Treasury, and the bill adding this section takes effect on or after the effective date of Assembly Bill 1068.

(2)If the act adding this section is enacted and takes effect before the effective date of Assembly Bill 1068, this section shall become operative on the effective date of that act, and shall become inoperative on the effective date of Assembly Bill 1068. On the date this section becomes inoperative, the Controller shall transfer all moneys in the account to the Petroleum Underground Storage Tank Financing Account established pursuant to Section 25299.109.

§ 25299.206

Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.

(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 funds transferred from the Underground Storage Tank Cleanup Fund that remain in the account

shall revert to the Underground Storage Tank Cleanup Fund.