Section 25299.50.6 Of Article 6. Underground Storage Tank Cleanup Fund From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 6.
25299.50.6
. (a) The Site Cleanup Subaccount is hereby established
in the State Treasury. Moneys shall be deposited in the subaccount
pursuant to subdivision (m) of Section 25299.51.
(b) The board may expend the funds in the Site Cleanup Subaccount,
upon appropriation by the Legislature, for the following purposes:
(1) To pay for reasonable and necessary expenditures that the
board, a regional board, or a local agency incurs to identify the
source of surface or groundwater contamination.
(2) To pay for reasonable and necessary expenditures that the
board, a regional board, or a local agency incurs to remediate the
harm or threat of harm to human health, safety, and the environment
caused by existing or threatened surface or groundwater
contamination. The board shall consider the following factors when
approving expenditures for specific locations:
(A) The degree to which human health, safety, and the environment
are threatened by contamination at the location.
(B) Whether the location is located in a small or financially
disadvantaged community.
(C) The cost and potential environmental benefit of the
investigation or cleanup.
(D) Whether there are other potential sources of funding for the
investigation or cleanup.
(E) Any other information the board identifies as necessary for
consideration.
(3) To issue grants pursuant to this section for the reasonable
and necessary costs of actions to remediate the harm or threat of
harm to human health, safety, and the environment caused by existing
or threatened surface or groundwater contamination at a location that
meets both of the following conditions:
(A) The board, a regional board, or local agency requires the
responsible parties to undertake or contract for investigation or
cleanup, pursuant to an oral or written order, directive,
notification, or approval issued pursuant to Section 25296.10, or
pursuant to a cleanup and abatement order issued under Section 13304
of the Water Code. The board may waive this requirement if the board
finds that it is infeasible for an order to be issued before
initiation of remediation.
(B) The responsible parties lack sufficient financial resources to
pay for the required response actions.
(4) For payments to the Attorney General by the board pursuant to
subdivision (g).
(c) At least annually, the board shall review grant applications
and adopt a list of applicants to be awarded grants pursuant to
paragraph (3) of subdivision (b). In addition to the conditions
specified in paragraph (3) of subdivision (b), the board shall
consider all of the following factors when awarding grants:
(1) The degree to which human health, safety, and the environment
are threatened by surface water or groundwater contamination at the
location.
(2) Whether the location is located in a small or financially
disadvantaged community.
(3) The cost and potential environmental benefit of the
investigation or cleanup.
(4) Whether there are other potential sources of funding for the
investigation or cleanup.
(5) Any other information the board identifies as necessary for
consideration.
(d) (1) The board shall specify the information that shall be
included in a grant application, consistent with this section,
including, but not limited to, a provision requiring the applicant to
make a sworn verification of the information in the application to
the best of the applicant's knowledge.
(2) The board may adopt procedures to implement this section.
(3) The board shall post any procedures or information
requirements adopted pursuant to this section on its Internet Web
site.
(e) (1) The recipient of grant moneys shall expend those funds
only for the reasonable costs necessary to protect human health,
safety, and the environment, incurred on or after the effective date
of the act adding this section.
(2) The board shall not issue a grant for any costs for which the
applicant has been, or will be, paid by another source.
(3) The board may terminate a grant and may bar the applicant from
receiving any future grants from the Site Cleanup Subaccount if the
board finds that the applicant has made a misrepresentation or false
claim.
(f) (1) Any funds in the Site Cleanup Subaccount that are not
expended in a fiscal year shall remain in the subaccount until they
are encumbered.
(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.
(3) Notwithstanding Section 16475 of the Government Code, any
interest earned upon the money in the Site Cleanup Subaccount shall
be deposited in the Site Cleanup Subaccount.
(g) The Attorney General may recover the actual, reasonable costs
of investigation or cleanup undertaken pursuant to this section in a
civil action, upon request from the board, from any responsible
party. All money recovered by the Attorney General pursuant to this
section shall be deposited in the Site Cleanup Subaccount.