25299.52
. (a) The board shall adopt a priority ranking list at
least annually for awarding claims pursuant to Section 25299.57 or
25299.58. Any owner or operator eligible for payment of a claim
pursuant to Section 25299.54 shall file an application with the board
within a reasonable period, to be determined by the board, prior to
adoption of the priority ranking list.
(b) Except as provided in subdivision (c), in awarding claims
pursuant to Section 25299.57 or 25299.58, the board shall pay claims
in accordance with the following order of priority:
(1) Owners of tanks who are eligible to file a claim pursuant to
subdivision (e) of Section 25299.54.
(2) Owners and operators of tanks that are either of the
following:
(A) An owner or operator of a tank that is a small business, by
meeting the requirements of subdivision (d) of Section 14837 of the
Government Code. An owner or operator that meets that definition of
small business, but who is domiciled or has its principal office
outside of the state, shall be classified in this category if the
owner or operator otherwise meets the requirements of subdivision (d)
of Section 14837 of the Government Code with regard to the number of
employees and the total annual revenues received.
(B) An owner or operator that is a city, county, district, or
nonprofit organization that receives total annual revenues of not
more than seven million dollars ($7,000,000). In determining the
amount of a nonprofit organization's annual revenues, the board shall
calculate only those revenues directly attributable to the
particular site at which the tank or tanks for which the claim is
submitted are located.
(3) Owners or operators of tanks that are either of the following:
(A) The owner or operator owns and operates a business that
employs fewer than 500 full-time and part-time employees, is
independently owned and operated, and is not dominant in its field of
operation.
(B) The owner or operator is a city, county, district, or
nonprofit organization that employs fewer than 500 full-time and
part-time employees. In determining the number of employees employed
by a nonprofit organization, the board shall calculate only those
employees employed at the particular site at which a tank for which
the claim is being submitted is located.
(4) All other tank owners and operators.
(c) (1) In any year in which the board is not otherwise authorized
to award at least 15 percent of the total amount of funds committed
for that year to tank owners or operators in those categories set
forth in paragraph (3) or (4) of subdivision (b) due to the priority
ranking list award limitations set forth in subdivision (b), the
board shall allocate between 14 and 16 percent of the total amount of
funds committed for that year to each category that is not otherwise
entitled to at least that level of committed funding for that year.
(2) If the total amount of claims outstanding in one or more of
the priority categories specified in paragraph (3) or (4) of
subdivision (b) is less than 15 percent of the total amount annually
appropriated from the fund for the purpose of awarding claims, the
board shall reserve for making claims in that category only the
amount that is necessary to satisfy the outstanding claims in that
category.
(d) The board shall give priority to a claim that is filed before
September 24, 1993, by a city, county, or district that is eligible
for payment pursuant to Section 25299.54 in the following manner:
(1) The board shall determine whether the priority category
specified for a city, county, or district pursuant to subparagraph
(B) of paragraph (2), or pursuant to subparagraph (B) of paragraph
(3), of subdivision (b) requires that the priority ranking of the
claim be changed.
(2) If the priority ranking of the claim is changed and the claim
is placed into either the priority category specified in subparagraph
(B) of paragraph (2), or specified in subparagraph (B) of paragraph
(3), of subdivision (b), the board shall pay all other claims that
were assigned to that priority category prior to January 1, 2000,
before paying the claim of the city, county, or district.
(e) The board may, to carry out the intent specified in paragraph
(1) of subdivision (b) of Section 25299.10 and to expedite the
processing and awarding of claims pursuant to Sections 25299.57 and
25299.58, implement the contracting procedures required by Chapter 10
(commencing with Section 4525) of Division 5 of Title 1 of the
Government Code, as may be necessary, to alleviate the claims
processing and award backlog. If, at the conclusion of any fiscal
year, 25 percent or more of the funds appropriated annually for
awards to claimants during that year have not actually been obligated
by the board, the board shall, at its next regularly scheduled
meeting, determine, in a public hearing, whether, given the
circumstances of the awards backlog, it is appropriate to implement
those contracting procedures for some, or all, of the claims filed
with the board.
(f) For purposes of this section, the following definitions shall
apply:
(1) "Nonprofit organization" means a nonprofit public benefit
organization incorporated pursuant to Part 2 (commencing with Section
5110) of Division 2 of Title 1 of the Corporations Code.
(2) "Annual revenue," with respect to public entities, means the
total annual general purpose revenues, excluding all restricted
revenues over which the governing agency has no discretion, as
reported in the Annual Report of Financial Transactions submitted to
the Controller, for the latest fiscal year ending prior to the date
the fund application was filed.
(3) "Annual revenue," with respect to nonprofit organizations,
means the total annual revenues, as shown in an annual fiscal report
filed with the Registry of Charitable Trusts of state and federal tax
records, based on the latest fiscal year ending prior to the date
the fund application was filed.
(4) "General purpose revenues," as used in paragraph (2), means
revenues consisting of all of the following: secured and unsecured
revenues; less than countywide funds, secured and unsecured; prior
year secured and unsecured penalties and delinquent taxes; sales and
use taxes; transportation taxes (nontransit); property transfer
taxes; transient lodging taxes; timber yield taxes; aircraft taxes;
franchise taxes; fines, forfeitures, and penalties; revenues from use
of money and property; motor vehicle in-lieu taxes; trailer coach
in-lieu taxes; homeowner property tax relief; open-space tax relief;
and cigarette taxes.