Section 25299.50.3 Of Article 6. Underground Storage Tank Cleanup Fund From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 6.
25299.50.3
. (a) For purposes of this section, "school district"
means a school district as defined in Section 80 of the Education
Code, or a county office of education.
(b) The School District Account is hereby created in the
Underground Storage Tank Cleanup Fund, for expenditure by the board
to pay a claim filed by a district that is a school district and has
a priority based on paragraph (2), (3), or (4) of subdivision (b) of
Section 25299.52. Notwithstanding Section 25299.52, in the 2009-10,
2010-11, and 2011-12 fiscal years, the board shall pay a claim filed
by a district that is a school district and has a priority based on
paragraph (4) of subdivision (b) of Section 25299.52 only from funds
appropriated from the School District Account.
(c) (1) The sum of ten million dollars ($10,000,000) per year
shall be transferred, in the 2009-10, 2010-11, and 2011-12 fiscal
years, from the Underground Storage Tank Cleanup Fund to the School
District Account, for expenditure, upon appropriation by the
Legislature, for the payment of claims filed by a district that is a
school district with a priority based on paragraph (2), (3), or (4)
of subdivision (b) of Section 25299.52. The ten million dollars
($10,000,000) shall be transferred to the School District Account
prior to allocating the remaining available funds to each priority
ranking in paragraphs (1), (2), (3), and (4) of subdivision (b) of
Section 25299.52.
(2) The board shall consult with the Department of Toxic
Substances Control in allocating the funds transferred to the School
District Account.
(3) The board shall pay claims from a school district with a
priority based on paragraph (4) of subdivision (b) of Section
25299.52 from the School District Account in the order of the date of
the filing of the claim application to the Underground Storage Tank
Cleanup Fund. In each of the fiscal years identified in subdivision
(b), if the board estimates that money will be available in the
School District Account after the board has allocated funding for all
submitted claims from school districts with a priority based on
paragraph (4) of subdivision (b) of Section 25299.52, School District
Account funds may be used to fund school district claims with a
priority based on paragraph (2) or (3) of subdivision (b) of Section
25299.52.
(d) (1) Funds in the School District Account that are not expended
in a fiscal year shall remain in the School District Account. Funds
remaining in the School District Account on January 1, 2026, shall be
transferred to the Underground Storage Tank Cleanup Fund.
(2) Notwithstanding Section 16304.1 of the Government Code, the
board shall encumber the funds appropriated pursuant to this section
within three years of the appropriation and the board may make a
disbursement in liquidation of an encumbrance before or during the
three years following the last day the appropriation is available for
encumbrance.
(e) The board shall include information on the expenditure of the
funds transferred to the School District Account, as well as the
amount of all claims filed by districts that are school districts and
the amount of reimbursements made to districts that are school
districts from the Underground Storage Tank Cleanup Fund, in its
annual report, and shall, in consultation with the Department of
Toxic Substances Control, estimate the amount of funds needed to
reimburse anticipated future claims by districts that are school
districts. The board shall provide a copy of this report to the State
Allocation Board and the State Department of Education.
(f) This section does not affect the priority of a district that
is a school district and has a priority based on paragraph (2) or (3)
of subdivision (b) of Section 25299.52.
(g) The board shall waive the requirements of paragraph (4) of
subdivision (d) of Section 25299.57 for a claim that is reimbursed
from the School District Account pursuant to this section, if the
superintendent of the school district receiving the reimbursement
certifies to the board that petroleum was not delivered on or after
January 1, 2003, to the tank that is the subject of the claim or that
the tank was removed before January 1, 2003.
(h) This section shall remain in effect only until January 1,
2026, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2026, deletes or extends
that date.