Bill Text: CA AB120 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Underground storage tanks: school districts.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2013-10-08 - Chaptered by Secretary of State - Chapter 632, Statutes of 2013. [AB120 Detail]

Download: California-2013-AB120-Introduced.html

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BILL NUMBER: AB 120	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Environmental Safety and Toxic Materials
(Alejo (Chair), Bloom, Lowenthal, Stone, and Ting)
   (Coauthors: Assembly Members Perea and Williams)

                        JANUARY 14, 2013

   An act to amend Section 25299.50.3 of the Health and Safety Code,
relating to underground storage tanks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 120, as introduced, Committee on Environmental Safety and Toxic
Materials. Underground storage tanks: school districts.
   Existing law allows a person required to perform corrective action
in response to an unauthorized release of petroleum from an
underground storage tank to apply to the State Water Resources
Control Board for payment of specified portions of the costs of
corrective action. Existing law establishes the Underground Storage
Tank Cleanup Fund in the State Treasury and authorizes the money in
the fund to be expended by the board, among other things, upon
appropriation by the Legislature, to pay those claims, and requires,
as a condition of eligibility for payment, that the claimant comply
with the underground storage tank permit requirements. Existing law
establishes until July 1, 2016, the School District Account in the
Underground Storage Tank Cleanup Fund for the payment of claims filed
by a school district that takes corrective action to clean up an
unauthorized release from a petroleum underground storage tank.
   This bill would require the board to waive the underground storage
tank permit requirement for claims reimbursed from that account if
the superintendent of the school district receiving the reimbursement
certifies to the board that petroleum was not delivered on or after
January 1, 2003, to the tank that is the subject of the claim or the
tank was removed before January 1, 2003.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25299.50.3 of the Health and Safety Code is
amended to read:
   25299.50.3.  (a) For purposes of this section, "school district"
means a school district as defined in Section 80 of the Education
Code, or a county office of education.
   (b) The School District Account is hereby created in the
Underground Storage Tank Cleanup Fund, for expenditure by the board
to pay a claim filed by a district that is a school district and has
a priority based on paragraph (2), (3), or (4) of subdivision (b) of
Section 25299.52. Notwithstanding Section 25299.52, in the 2009-10,
2010-11, and 2011-12 fiscal years, the board shall pay a claim filed
by a district that is a school district and has a priority based on
paragraph (4) of subdivision (b) of Section 25299.52 only from funds
appropriated from the School District Account.
   (c) (1) The sum of ten million dollars ($10,000,000) per year
shall be transferred, in the 2009-10, 2010-11, and 2011-12 fiscal
years, from the Underground Storage Tank Cleanup Fund to the School
District Account, for expenditure, upon appropriation by the
Legislature, for the payment of claims filed by a district that is a
school district with a priority based on paragraph (2), (3), or (4)
of subdivision (b) of Section 25299.52. The ten million dollars
($10,000,000) shall be transferred to the School District Account
prior to allocating the remaining available funds to each priority
ranking in paragraphs (1), (2), (3), and (4) of subdivision (b) of
Section 25299.52.
   (2) The board shall consult with the Department of Toxic
Substances Control in allocating the funds transferred to the School
District Account.
   (3) The board shall pay claims from a school district with a
priority based on paragraph (4) of subdivision (b) of Section
25299.52 from the School District Account in the order of the date of
the filing of the claim application to the Underground Storage Tank
Cleanup Fund. In each of the fiscal years identified in subdivision
(b), if the board estimates that money will be available in the
School District Account after the board has allocated funding for all
submitted claims from school districts with a priority based on
paragraph (4) of subdivision (b) of Section 25299.52, School District
Account funds may be used to fund school district claims with a
priority based on paragraph (2) or (3) of subdivision (b) of Section
25299.52.
   (d) Funds in the School District Account that are not expended in
a fiscal year shall remain in the School District Account. Funds
remaining in the School District Account on January 1, 2016, shall be
transferred to the Underground Storage Tank Cleanup Fund.
   (e) The board shall include information on the expenditure of the
funds transferred to the School District Account, as well as the
amount of all claims filed by districts that are school districts and
the amount of reimbursements made to districts that are school
districts from the Underground Storage Tank Cleanup Fund, in its
annual report, and shall, in consultation with the Department of
Toxic Substances Control, estimate the amount of funds needed to
reimburse anticipated future claims by districts that are school
districts. The board shall provide a copy of this report to the State
Allocation Board and the State Department of Education.
   (f) This section does not affect the priority of a district that
is a school district and has a priority based on paragraph (2) or (3)
of subdivision (b) of Section 25299.52.
    (g)     The board shall waive the
requirements of paragraph (4) of subdivision (d) of Section 25299.57
for a claim that is reimbursed from the School District Account
pursuant to this section, if the superintendent of the school
district receiving the reimbursement certifies to the board that
petroleum was not delivered on or after January 1, 2003, to the tank
that is the subject of the claim or that the tank was removed before
January 1, 2003.  
   (g) 
    (h)  This section shall remain in effect only until
January 1, 2016, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2016, deletes or
extends that date.