Section 25299.32 Of Article 3. Financial Responsibility From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 3.
25299.32
. (a) Except as provided in subdivision (f), a claimant who
meets any of the following requirements may use the fund to
establish and maintain evidence of financial responsibility:
(1) A claimant who meets the qualifications of paragraph (1) of
subdivision (b) of Section 25299.52 shall be deemed in compliance
with Section 25299.31 if the claimant is eligible for reimbursement
from the fund pursuant to Section 25299.54, subdivision (d) of
Section 25299.57, and subdivision (b) of Section 25299.58.
(2) If a claimant meets the qualifications of paragraph (2) or (3)
of subdivision (b) of Section 25299.52, the level of financial
responsibility required to be obtained pursuant to Section 25299.31
shall be at least five thousand dollars ($5,000) for each occurrence
and at least five thousand dollars ($5,000) annual aggregate coverage
for taking corrective action.
(3) If a claimant meets the qualifications of paragraph (4) of
subdivision (b) of Section 25299.52, the level of financial
responsibility required to be obtained pursuant to Section 25299.31
shall be at least ten thousand dollars ($10,000) for each occurrence,
and at least ten thousand dollars ($10,000) annual aggregate
coverage for taking corrective action.
(b) The level of financial responsibility required to be obtained
pursuant to Section 25299.31 for each occurrence for bodily injury
and property damage shall be in the amount specified by the board in
the regulations adopted pursuant to Section 25299.77.
(c) The level of financial responsibility required to be obtained
pursuant to Section 25299.31 shall be in the amount specified by the
board for annual aggregate coverage for both corrective action and
bodily injury and property damage.
(d) The board may periodically increase the minimum level of
financial responsibility specified in subdivision (a) upon its
determination that private insurance is available and affordable.
(e) The changes made to this section by Chapter 1191 of the
Statutes of 1994 shall apply to all claimants with claims, or
portions of claims, for corrective action at sites that have not been
completed, and for which reimbursement by the fund has not been
fully paid by the board.
(f) (1) On and after January 1, 2025, an owner or operator of a
tank for which a permit that is issued pursuant to Section 25284 is
in effect shall not use the fund as a mechanism to demonstrate
compliance with the financial responsibility requirements of Sections
25292.2 and 25299.31 and with the federal act.
(2) On or before December 31, 2024, an owner or operator who
previously used the fund as a mechanism to demonstrate compliance
with financial responsibility requirements shall submit, to the local
agency that issued the permit for the operation of the tank pursuant
to Section 25284, evidence of the alternative financial
responsibility mechanism that will be used, on and after January 1,
2025, to comply with Sections 25292.2 and 25299.31 and with the
federal act.