Section 25395.22 Of Article 8.5. Cleanup Loans And Environmental Assistance To Neighborhoods From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 8.5.
25395.22
. (a) The department, with the approval of the secretary,
shall establish a Cleanup Loans and Environmental Assistance to
Neighborhoods Program to provide loans to finance the performance of
any action necessary to respond to the release or threatened release
of hazardous material at an eligible property. A recipient of a loan
to perform an action to respond to a release or threatened release of
a hazardous material at an eligible property that is granted
pursuant to this section may also use the loan funds to pay the
premium for environmental insurance products to facilitate the
development of the site, if the insurance company has an A.M. Best
Financial Strength Rating of A+ or better and an A.M. Best Financial
Size Category of FSC X or larger and is authorized to offer
environmental insurance in California. The department shall take
those necessary actions to promote the use of loans under the CLEAN
program by local governments. A loan provided pursuant to this
section shall not be used to pay for a phase I environmental
assessment, a preliminary endangerment assessment, the department's
oversight of actions necessary to respond to the release or
threatened release of hazardous material at an eligible property, or
any operation and maintenance activity at a site.
(b) The department shall develop an application form for a loan
under the CLEAN program and shall include, in the form, any
provisions that the department determines to be appropriate to carry
out the CLEAN program. The application shall be signed by the loan
applicant and shall be accompanied by all of the following:
(1) A preliminary endangerment assessment that has been approved
by the department, or an environmental assessment with equivalent
information, that discloses the presence of a release or threatened
release of a hazardous material at the property at concentrations
that may pose a risk to public health and safety and the environment.
(2) The name and address of the project coordinator for the site
and the résumé of the coordinator that demonstrates that the
coordinator possesses the requisite qualifications to manage the
response action at the site.
(3) Documentation that the property is an eligible property and,
if the department has implemented the priority scoring system set
forth in Section 25395.23, sufficient information to enable the
department to determine the priority score for the property.
(4) Documentation that the planned future development of the site
is consistent with the current and reasonably foreseeable future land
uses of the property.
(5) If the owner of the eligible property that is the subject of
the loan application is not the loan applicant, one of the following:
(A) Documentation that demonstrates that the owner agrees to use
the property as a security interest for the loan to finance necessary
response action at the property.
(B) A copy of an agreement between the property owner and the loan
applicant that gives the loan applicant an option to purchase the
property.
(C) If the loan applicant is a local government entity, or a
developer or prospective purchaser acting in concert with a local
government entity pursuant to an enforceable agreement, a
demonstration to the department that the local government entity, or
developer or prospective purchaser acting in concert with a local
government entity pursuant to an enforceable agreement, has legal
access to perform any action necessary to respond to the release or
threatened release of hazardous material at an eligible property, or
will have legal access, prior to receiving loan funds.
(6) Any other information the department deems necessary.