Section 25299.105 Of Chapter 6.76. Loans For Replacing, Removing, Or Upgrading Underground Storage Tanks From California Health And Safety Code >> Division 20. >> Chapter 6.76.
25299.105
. (a) The board shall make grant funds available from the
Petroleum Underground Storage Tank Financing Account to eligible
grant applicants who meet all of the following eligibility
requirements:
(1) The grant applicant is a small business, pursuant to the
following requirements:
(A) The grant applicant meets the conditions for a small business
concern as defined in Section 632 of Title 15 of the United States
Code, and in the federal regulations adopted to implement that
section, as specified in Part 121 (commencing with Section 121.101)
of Chapter I of Title 13 of the Code of Federal Regulations.
(B) The grant applicant employs fewer than 20 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
this 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.
(4) The facility where the project tank is located has sold at
retail less than 900,000 gallons of gasoline annually for each of the
two years preceding the submission of the grant application. The
number of gallons sold shall be based upon taxable sales figures
provided to the State Board of Equalization for that facility.
(5) Except as provided in subdivision (b), the grant applicant
owns or operates a tank that is in compliance with all of the
following:
(A) Section 41954.
(B) Any of the following:
(i) Section 25290.1.
(ii) Section 25290.2.
(iii) Section 25291.
(iv) Subdivisions (d) and (e) of Section 25292.
(C) Any regulation implementing the applicable sections required
for compliance with subparagraphs (A) and (B).
(6) The facility where the project tank is located was legally in
business retailing gasoline after January 1, 1999.
(b) The board may grant a waiver from requirements of paragraph
(5) of subdivision (a) if the board finds all of the following:
(1) The grant applicant owns or operates a project tank.
(2) The project tank will be removed and will not be replaced with
another tank.
(3) The grant applicant does not meet the requirements to obtain a
loan pursuant to this chapter.
(c) Grant funds may only be used to pay the costs necessary to
upgrade, remove, or replace project tanks to comply with Section
25284.1, 25292.05, 25292.4, 25292.5, or 41954.