approved by the administrator of the fund to pay claims pursuant to this chapter from that General Fund appropriation, remain in the fund at the end of that fiscal year, and if the department determines that additional funding for orphan sites beyond that appropriated from the state account is required for the next fiscal year, the administrator may expend the amount in excess of five million dollars ($5,000,000) from the General Fund appropriation to pay for response costs incurred by the department or the regional boards under this part at sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 where no viable responsible parties exist.

Except as provided in subdivision (b) of Section 78420 and subdivision (c) of Section 80020, the administrator of the fund may expend the money in the fund for all of the following purposes:

Section 80070, unless those costs are paid by a potentially responsible party under an agreement specified in subdivision (c) of Section 80040. The expenditures from the fund for purposes of this subdivision shall not exceed 5 percent of the total amount appropriated from the fund in the annual Budget Act for purposes of this section for that fiscal year.