Section 25299.50.2 Of Article 6. Underground Storage Tank Cleanup Fund From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 6.
25299.50.2
. (a) The Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund is hereby established in the
State Treasury.
(b) (1) Except as provided in paragraph (2), the sum of ten
million dollars ($10,000,000) is hereby transferred, for each of the
2008-09, 2009-10, and 2010-11 fiscal years, from the Underground
Storage Tank Cleanup Fund to the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund.
(2) Available federal moneys may be deposited in the Underground
Storage Tank Petroleum Contamination Orphan Site Cleanup Fund. The
amount transferred pursuant to paragraph (1) in a fiscal year shall
be reduced by the amount of federal moneys deposited in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund in that fiscal year.
(c) The board may expend the moneys in the Underground Storage
Tank Petroleum Contamination Orphan Site Cleanup Fund, upon
appropriation by the Legislature, for the costs of response actions
to remediate the harm caused by petroleum contamination at a site
that meets all of the following conditions:
(1) The petroleum contamination is the principal source of
contamination at the site.
(2) The source of the petroleum contamination is, or was, an
underground storage tank.
(3) A financially responsible party has not been identified to pay
for remediation at the site.
(4) If the expenditure includes federal moneys deposited in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund, the expenditure at the site is consistent with all applicable
requirements for expenditure of the federal moneys.
(d) Any funds in the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund that are not expended in the
2009-10, 2010-11, or 2011-12 fiscal years shall remain in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund until they are encumbered.
(e) Notwithstanding Section 16304.1 of the Government Code, a
disbursement in liquidation of an encumbrance may be made before or
during the four years following the last day the appropriation is
available for encumbrance.
(f) (1) If the board determines that an applicant who filed a
grant application on or before December 31, 2014, is eligible for a
grant pursuant to this section, the board shall not issue more than
one million five hundred thousand dollars ($1,500,000) in grants from
the Underground Storage Tank Petroleum Contamination Orphan Site
Cleanup Fund for the occurrence for which the applicant applied.
(2) If the board determines that an applicant who filed a grant
application after December 31, 2014, is eligible for a grant pursuant
to this section, the board may not issue more than one million
dollars ($1,000,000) in grants from the Underground Storage Tank
Petroleum Contamination Orphan Site Cleanup Fund for the occurrence
for which the applicant applied.
(3) The board shall include the amount of any grants awarded by
the board from the Underground Storage Tank Petroleum Contamination
Orphan Site Cleanup Subaccount pursuant to former Section 25299.50.2,
as that section read on December 31, 2007, toward the total amount
available per occurrence for grants awarded from the Underground
Storage Tank Petroleum Contamination Orphan Site Cleanup Fund
pursuant to this section.