Section 25390.3 Of Article 7.8. Orphan Share Reimbursement Trust Fund From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 7.8.
25390.3
. (a) The Orphan Share Reimbursement Trust Fund is hereby
created in the State Treasury.
(b) The administrator of the fund may expend the money deposited
in the fund as provided in this article, upon appropriation by the
Legislature. The administrator of the fund shall act in a fiduciary
capacity, shall prudently administer the fund, and shall protect the
fund from any unreasonable or unjustified claims, including any
unreasonable or unjustified determinations of the orphan share
percentage.
(c) Except as provided in subdivision (d) and subdivision (b) of
Section 25358.7.2, the administrator of the fund may expend the money
in the fund for all of the following purposes:
(1) To pay claims for reimbursement of all, or any part of, the
orphan share at a site paid by the responsible party filed pursuant
to Section 25390.4.
(2) For the costs of implementing this article.
(3) To pay the reasonable costs of the department and the regional
board for performance of its duties under this article, including,
but not limited to, its participation in the orphan share
determination process set forth in Section 25390.5, unless those
costs are paid by a potentially responsible party under an agreement
specified in paragraph (3) of subdivision (a) of Section 25390.4. The
expenditures from the fund for purposes of this paragraph shall not
exceed 5 percent of the total amount appropriated from the fund in
the annual Budget Act for purposes of this subdivision for that
fiscal year.
(4) To pay the portion of costs attributable to the orphan share
incurred by the department and the regional boards to oversee actions
of potentially responsible parties, unless those costs are paid by a
potentially responsible party under an agreement specified in
paragraph (3) of subdivision (a) of Section 25390.4.
(d) If an appropriation from the General Fund is made to the fund
in any fiscal year and an amount greater than five million dollars
($5,000,000) in unexpended funds, beyond any amount approved by the
administrator of the fund to pay claims pursuant to this article from
that General Fund appropriation, remain in the fund at the end of
that fiscal year, and if the department determines that additional
funding for orphan sites beyond that appropriated from the Toxic
Substances Control Account is required for the next fiscal year, the
administrator may expend the amount in excess of five million dollars
($5,000,000) from the General Fund appropriation to pay for response
costs incurred by the department or the regional boards under this
chapter at sites listed pursuant to Section 25356 where no viable
responsible parties exist.