Section 25352 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25352
. Money deposited in the state account may also be
appropriated by the Legislature to the department on a specific site
basis for the following purposes:
(a) For all costs incurred in restoring, rehabilitating,
replacing, or acquiring the equivalent of, any natural resource
injured, degraded, destroyed, or lost as a result of any release of a
hazardous substance, to the extent the costs are not reimbursed
pursuant to the federal act and taking into account processes of
natural rehabilitation, restoration, and replacement.
(b) For all costs incurred in assessing short-term and long-term
injury to, degradation or destruction of, or any loss of any natural
resource resulting from a release of a hazardous substance, to the
extent that the costs are not reimbursed pursuant to the federal act.
No costs may be incurred for any release of a hazardous substance
from any facility or project pursuant to subdivision (a) or this
subdivision for injury, degradation, destruction, or loss of any
natural resource where the injury, degradation, destruction, or loss
was specifically identified as an irreversible and irretrievable
commitment of natural resources in an environmental impact statement
prepared under the authority of the National Environmental Policy Act
(42 U.S.C. Sec. 4321 et seq.), or was identified as a significant
environmental effect to the natural resources which cannot be avoided
in an environmental impact report prepared pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code), and a decision to grant
a permit, license, or similar authorization for any facility or
project is based upon a consideration of the significant
environmental effects to the natural resources, and the facility or
project was otherwise operating within the terms of its permit,
license, or similar authorization at the time of release.
(c) Notwithstanding Section 25355, the Governor, or the authorized
representative of the state, shall act on behalf of the public as
trustee of the natural resources to recover costs expended pursuant
to subdivision (a) or (b).