Bill Text: CA SB763 | 2013-2014 | Regular Session | Amended

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

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Bill Title: State Water Resources Control Board: underground storage tanks.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-10-08 - Chaptered by Secretary of State. Chapter 640, Statutes of 2013. [SB763 Detail]

Download: California-2013-SB763-Amended.html

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BILL NUMBER: SB 763	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senator Fuller

                        FEBRUARY 22, 2013

    An act to amend Section 41700 of the Health and Safety
Code, relating to air resources.   An act to amend
Sections 25284.1, 25299.51, 25299.102, 25299.103, 25299.104,
25299.105, 25299.106, and 25299.109,   of, to repeal
Sections 25299.111, 25299.113, and 25299.117 of, and to repeal and
add Section 25299.110 of, the Health and Safety Code, relating to
underground storage tanks, and making an appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 763, as amended, Fuller.  Air resources: discharges.
  State Water Resources Control Board: underground
storage tanks.  
   (1) Existing law provides for the regulation of underground
storage tanks by the State Water Resources Control Board. Existing
law, until January 1, 2016, requires the board to conduct a loan and
grant program to assist small businesses in upgrading, replacing, or
removing tanks meeting applicable local, state, or federal standards
(UST upgrade program). Under existing law, the interest rate for
loans is set at the rate earned by the Surplus Money Investment Fund
at the time of the loan commitment. Existing law establishes the
Petroleum Underground Storage Tank Financing Account (financing
account) and, upon appropriation by the Legislature, requires moneys
in the account to be used by the board to make loans and grants for
purposes of the UST upgrade program. Existing law requires interest
earned from the investment of the moneys in the account to be
deposited into a subaccount, available upon appropriation by the
Legislature for administrative expenses of the board. Existing law
requires the board annually to make available not more than 33% of
the available funds from the account for the purposes of providing
grants.  
   This bill would extend the loan and grant program indefinitely and
revise loan eligibility and grant award requirements. The bill would
require the board to annually make available not more than 15% of
the available funds from the account for the purposes of providing
grants. The bill would set the interest rate for loans at the rate
equal to 1/2 of the most recent general obligation rate obtained by
the office of the Treasurer at the time of commitment. The bill would
instead require interest earned from moneys in the financing account
to be deposited into that account and would eliminate the
subaccount. The bill would require loan fees and various other moneys
received in the implementation of the loan and grant program to be
deposited into the financing account. The bill would specify that
moneys in the financing account are permitted to be used, in addition
to making loans and grants, to service loans, to recover defaulted
loan moneys, to protect the state's position as a lender creditor,
and for administration costs, as specified.  
   (2) Existing law establishes the Underground Storage Tank Cleanup
Fund in the State Treasury and requires specified moneys to be
deposited into the fund. Under existing law, moneys in the fund may
be expended by the board, upon appropriation by the Legislature, for
purposes of the Barry Keene Underground Storage Tank Cleanup Trust
Fund Act of 1989.  
   This bill would transfer $8,000,000 from the fund to the financing
account and appropriate these funds for the purpose of making grants
and loans and administering specific provisions, as prescribed.
 
   (3) This bill would also make technical, nonsubstantive changes to
various provisions.  
   Existing law, until January 1, 2014, authorizes a local air
pollution control district or air quality management district to
adopt a rule or regulation, consistent with protecting the public's
comfort, repose, health, and safety, and not causing injury,
detriment, nuisance, or annoyance, that ensures district staff and
resources are not used to investigate complaints, determined to be
repeated and unsubstantiated, alleging a nuisance odor violation of
that discharge prohibition. If a district adopts such a rule or
regulation, the district is required to submit the rule or regulation
to the Senate Committee on Environmental Quality and the Assembly
Committee on Natural Resources within 30 days of adopting the rule or
regulation.  
   Existing law, operative on January 1, 2014, provides that, except
as specified, a person is prohibited from discharging a quantity of
air contaminants or other material that causes injury, detriment,
nuisance, or annoyance to the public, or that endangers the comfort,
repose, health, or safety of the public, or that causes injury or
damage to business or property, as provided.  
   This bill would make technical, nonsubstantive changes to the
above-referenced provisions that become operative on January 1, 2014.

   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    Section 25284.1 of the  
Health and Safety Code   is amended to read: 
   25284.1.  (a) The board shall take all of the following actions
with regard to the prevention of unauthorized releases from petroleum
underground storage tanks:
   (1) On or before June 1, 2000, initiate a field-based research
program to quantify the probability and environmental significance of
releases from underground storage tank systems meeting the 1998
upgrade requirements specified in Section 25284, as that section read
on January 1, 2002. The research program shall do all of the
following:
   (A) Seek to identify the source and causes of releases and any
deficiencies in leak detection systems.
   (B) Include single-walled, double-walled, and hybrid tank systems,
and avoid bias towards known leaking underground storage tank
systems by including a statistically valid sample of all operating
underground storage tank systems.
   (C) Include peer review.
   (2) Complete the research program on or before June 1, 2002.
   (3) Use the results of the research program to develop appropriate
changes in design, construction, monitoring, operation, and
maintenance requirements for tank systems.
   (4) On or before January 1, 2001, adopt regulations to do all of
the following:
   (A) (i) Require underground storage tank owners, operators,
service technicians, installers, and inspectors to meet minimum
industry-established training standards and require tank facilities
to be operated in a manner consistent with industry-established best
management practices.
   (ii) The board shall implement an outreach effort to educate small
business owners or operators on the importance of the regulations
adopted pursuant to this subparagraph.
   (B) (i) Except as provided in clauses (ii) and (iii), require
testing of the secondary containment components, including
under-dispenser and pump turbine containment components, upon initial
installation of a secondary containment component and periodically
thereafter, to ensure that the system is capable of containing
releases from the primary containment until a release is detected and
cleaned up. The board shall consult with the petroleum industry and
local government to assess the appropriate test or tests that would
comply with this subparagraph.
   (ii) Secondary containment components that are part of an
emergency generator tank system may be tested using enhanced leak
detection, if the test is performed at the frequency specified by the
board for testing of secondary containment pursuant to Section
2644.1 of Title 23 of the California Code of Regulations. If the
results of the enhanced leak detection test indicate that any
component of the emergency generator tank system is leaking liquid or
vapor, the owner or operator shall take appropriate actions to
correct the leakage, and the owner or operator shall retest the
system using enhanced leak detection until the system is no longer
leaking liquid or vapor.
   (iii) Any tank or piping that is part of an emergency generator
tank system and located within a structure as described in paragraph
(2) of subdivision (a) of Section 25283.5 is exempt from the
secondary containment testing required by clause  (i) of
subparagraph (B) of paragraph (4),   (i),  if the
owner or operator conducts visual inspections of tank or piping each
time the tank system is operated, but no less than monthly, and
maintains a log of inspection results for review by the local agency.
 The provisions of this   This  clause
 are   is  not applicable if the board
adopts regulations pursuant to Section 25299.3 that address the
design, construction, upgrade, and monitoring of unburied tanks that
are part of an emergency generator tank system.
   (C) Require annual testing of release detection sensors and
alarms, including under-dispenser and pump turbine containment
sensors and alarms. The board shall consult with the petroleum
industry and local government to assess the appropriate test or tests
that would comply with this subparagraph.
   (5) (A) Require an owner or operator of an underground storage
tank installed after July 1, 1987, if a tank is located within 1,000
feet of a public drinking water well, as identified pursuant to the
state GIS mapping database, to have the underground storage tank
system fitted, on or before July 1, 2001, with under-dispenser
containment or a spill containment or control system that is approved
by the board as capable of containing any accidental release.
   (B) Require all underground storage tanks installed after January
1, 2000, to have the tank system fitted with under-dispenser
containment or a spill containment or control system to meet the
requirements of subparagraph (A).
   (C) Require an owner or operator of an underground storage tank
that is not otherwise subject to subparagraph (A), and not subject to
subparagraph (B), to have the underground storage tank system fitted
to meet the requirements of subparagraph (A), on or before December
31, 2003.
   (D) On and after January 1, 2002, no person shall install, repair,
maintain, or calibrate monitoring equipment for an underground
storage tank unless that person satisfies both of the following
requirements:
   (i) The person has fulfilled training standards identified by the
board in regulations adopted pursuant to this section.
   (ii) The person possesses a tank testing license issued by the
board pursuant to Section 25284.4, or a Class "A" General Engineering
Contractor License, C-10 Electrical Contractor License, C-34
Pipeline Contractor License, C-36 Plumbing Contractor License, or
C-61 (D40) Limited Specialty Service Station Equipment and
Maintenance Contractor License issued by the Contractors' State
License Board.
   (E)  Loans and grants for the installation of under-dispenser
containment or a spill containment or control system shall be made
available pursuant to Chapter  8.5   6.76 
(commencing with Section  15399.10) of Part 6.7 of Division 3
of Title 2 of the Government Code.   25299.10). 
   (6) Convene a panel of local agency and regional board
representatives to review existing enforcement authority and
procedures and to advise the board of any changes that are needed to
enable local agencies to take adequate enforcement action against
owners and operators of noncompliant underground storage tank
facilities. The panel shall make its recommendations to the board on
or before September 30, 2001. Based on the recommendations of the
panel, the board shall also establish effective enforcement
procedures in cases involving fraud.
   (b) On or before July 1, 2001, the Contractors' State License
Board, in consultation with the board, the petroleum industry, air
pollution control districts, air quality management districts, and
local government, shall review its requirements for petroleum
underground storage tank system installation and removal contractors
and make changes, where appropriate, to ensure these contractors are
qualified.
   SEC. 2.    Section 25299.51 of the   Health
and Safety Code   is amended to read: 
   25299.51.  The board may expend the money in the fund for all the
following purposes:
   (a) In addition to the purposes specified in subdivisions (c),
(d), and (e), for the costs of implementing this chapter and for
implementing Section 25296.10 for a tank that is subject to this
chapter.
   (b) To pay for the administrative costs of the State Board of
Equalization in collecting the fee imposed by Article 5 (commencing
with Section 25299.40).
   (c) To pay for the reasonable and necessary costs of corrective
action pursuant to Section 25299.36, up to one million five hundred
thousand dollars ($1,500,000) per occurrence. The Legislature may
appropriate the money in the fund for expenditure by the board,
without regard to fiscal year, for prompt action in response to any
unauthorized release.
   (d) To pay for the costs of an agreement for the abatement of, and
oversight of the abatement of, an unauthorized release of hazardous
substances from underground storage tanks, by a local agency, as
authorized by Section 25297.1 or by any other provision of law,
except that, for the purpose of expenditure of these funds, only
underground storage tanks, as defined in Section 25299.24, shall be
the subject of the agreement.
   (e) To pay for the costs of cleanup and oversight of unauthorized
releases at abandoned tank sites. The board shall not expend more
than 25 percent of the total amount of money collected and deposited
in the fund annually for the purposes of this subdivision and
subdivision (h).
   (f) To pay claims pursuant to Section 25299.57.
   (g) To pay, upon order of the Controller, for refunds pursuant to
Part 26 (commencing with Section 50101) of Division 2 of the Revenue
and Taxation Code.
   (h) To pay for the reasonable and necessary costs of corrective
action pursuant to subdivision (f) of Section 25296.10, in response
to an unauthorized release from an underground storage tank subject
to this chapter.
   (i) To pay claims pursuant to Section 25299.58.
   (j) To pay for expenditures by the board associated with
discovering violations of, and enforcing, or assisting in the
enforcement of, the requirements of Chapter 6.7 (commencing with
Section 25280) with regard to petroleum underground storage tanks.
   (k) For transfer to the Petroleum Underground Storage Tank
Financing Account, for purposes of Chapter  6.77 (commencing
with Section 25299.200).   6.76 (commencing with Section
25299.100). 
   SEC. 3.    Section 25299.102 of the   Health
and Safety Code   is amended to read: 
   25299.102.  The board shall only make loan funds available to loan
applicants that meet all of the following eligibility requirements:
   (a) The loan applicant is a small business, either as defined in
Section 632 of Title 15 of the United States Code, and in the federal
regulations adopted to implement that section, as specified in Part
121 (commencing with Section  121.1011)  
121.101)  of Chapter 1 of Title 13 of the Code of Federal
Regulations, or employs fewer than 500 full-time and part-time
employees, is independently owned and operated, and is not dominant
in its field of operation. In either case, the principal office of
the small business shall be domiciled in the state, and the officers
of the small business shall be domiciled in this state. The board
shall give priority to awarding loans to small businesses that meet
the definition of small business specified in subdivision (d) of
Section 14837 of the Government Code.
   (b) The loan applicant owns or operates a project tank. 
   (c) Loan funds are not obtainable, upon reasonable terms, from
private financial institutions, the California Pollution Control
Financing Authority, or any other government board. 

   (d) 
    (c)  The loan applicant demonstrates the ability to
repay the loan, and the availability of adequate collateral to secure
the loan. 
   (e) 
    (d)  All tanks owned and operated by the loan applicant
are subject to compliance with Chapter 6.7 (commencing with Section
25280), and the regulations adopted pursuant to that chapter.

   (f) 
    (e)  The loan applicant has complied, or will comply,
with the financial responsibility requirements specified in Section
25299.31 and the regulations adopted pursuant to this section.
   SEC. 4.    Section 25299.103 of the   Health
and Safety Code   is amended to read: 
   25299.103.  (a) A complete loan application shall include all of
the following:
   (1) Evidence of eligibility.
   (2) An environmental audit, as specified in Section  5268
  5260  of Title 10 of the California Code of
Regulations.
   (3) Financial and legal documents necessary to demonstrate the
applicant's ability to repay and provide collateral for the loan. The
 department   board  shall develop a
standard list of documents required of all applicants, and may also
request from individual applicants additional financial and legal
documents not provided on this list.
   (4) An explanation of the reasons why the project tank is not in
compliance with applicable local, state, or federal standards, and
evidence that tanks not included in the list of project tanks are
currently in compliance with applicable local, state, or federal
standards.
   (5) A detailed cost estimate of the tasks  which 
 that  are required to be completed in order for the
project tanks to comply with applicable local, state, or federal
standards.
   (6) Any other information that the  department 
 board  determines to be necessary to include in an
application form.
   (b) Notwithstanding paragraph (4) of subdivision (a), the 
department   board  may not refuse to grant a loan
to an applicant solely because the applicant has failed to obtain a
permit pursuant to the requirements of Chapter 6.7 (commencing with
Section 25280).
   SEC. 5.    Section 25299.104 of the   Health
and Safety Code   is amended to read: 
   25299.104.  (a) The minimum amount that the board may loan an
applicant is ten thousand dollars ($10,000), and the maximum amount
that the board may loan an applicant is seven hundred fifty thousand
dollars ($750,000).
   (b) The term of the loan shall be for a maximum of 20 years if
secured by real property, and for 10 years if not secured by real
property. The interest rate for loans shall be set at the rate
 earned by the Surplus Money Investment Fund  
equal to one-half of the most recent general obligation bond rate
obtained by the office of the Treasurer  at the time of the loan
commitment.
   (c) Loan funds may be used to finance up to 100 percent of the
costs necessary to upgrade, remove, or replace project tanks,
including corrective actions, to meet applicable local, state, or
federal standards, including, but not limited to, any design,
construction, monitoring, operation, or maintenance requirements
adopted pursuant to Sections 25284.1 and 25292.4. 
   (d) The repeal of this chapter pursuant to Section 25299.117 shall
not extinguish a loan obligation and shall not impair the deed of
trust or other collateral made pursuant to this chapter or the
authority of the state to pursue appropriate action for collection.
 
   (e)
    (d)  The board may charge a loan fee to loan applicants
of up to 2 percent of the requested loan amount. The loan fee shall
be deposited in the Petroleum Underground Storage Tank 
Financing  Collection  Account.
   SEC. 6.   Section 25299.105 of the   Health
and Safety Code   is amended to read: 
   25299.105.  (a) The board shall make grant funds available from
the Petroleum Underground Storage Tank Financing Account to eligible
grant applicants who meet all of the following eligibility
requirements:
   (1) The grant applicant is a small business, pursuant to the
following requirements:
   (A) The grant applicant meets the conditions for a small business
concern as defined in Section 632 of Title 15 of the United States
Code, and in the federal regulations adopted to implement that
section, as specified in Part 121 (commencing with Section 121.101)
of Chapter I of Title 13 of the Code of Federal Regulations.
   (B) The grant applicant employs fewer than 20 full-time and
part-time employees, is independently owned and operated, and is not
dominant in its field of operation.
   (2) The principal office of the grant applicant is domiciled in
the state and the officers of the grant applicant are domiciled in
this state.
   (3) All tanks owned and operated by the grant applicant are
subject to compliance with Chapter 6.7 (commencing with Section
25280) and the regulations adopted pursuant to that chapter.
   (4) The facility where the project tank is located has sold at
retail less than 900,000 gallons of gasoline annually for each of the
two years preceding the submission of the grant application. The
number of gallons sold shall be based upon taxable sales figures
provided to the State Board of Equalization for that facility.
   (5) The grant applicant owns or operates a tank that is in
compliance with all of the following:
   (A) Section 41954.
   (B) Any of the following:
   (i) Section 25290.1.
   (ii) Section 25290.2.
   (iii) Section 25291.
   (iv) Subdivisions (d) and (e) of Section 25292.
   (C) Any regulation implementing the applicable sections required
for compliance with subparagraphs (A) and (B).
   (6) The facility where the project tank is located was legally in
business retailing gasoline after January 1, 1999.
   (b) Grant funds may only be used to pay the costs necessary to
comply with the requirements of Section 25284.1, 25292.4, or 25292.5.

   (c) If the total amount of grant requests by eligible grant
applicants to the board pursuant to this section exceeds, or is
anticipated to exceed, the amount in the Petroleum Underground
Storage Tank Financing Account, the board may adopt a priority
ranking list to award grants based upon the level of demonstrated
financial hardship of the eligible grant applicant or the relative
impact upon the local community where the project tank is located if
the claim is denied. 
   SEC. 7.    Section 25299.106 of the   Health
and Safety Code   is amended to read: 
   25299.106.  A complete grant application shall include all of the
following information:
   (a) Evidence of eligibility.
   (b)  Financial and legal documents necessary to
demonstrate the applicant's financial hardship, if any.  The
board shall develop a standard list of documents required of all
applicants, and may also request from individual applicants
additional financial and legal documents not provided on this list.
   (c) An explanation of the actions the applicant is required to
take to comply with the requirements of Sections 25284.1 and 25292.4.

   (d)  (1)    A detailed cost
estimate of the actions that are required to be completed for the
project tanks to comply with applicable local, state, or federal
standards, if applicable. 
   (2) A detailed description of the costs incurred to perform work
and complete the Enhanced Vapor Recovery Phase II upgrade, as
required by Section 41954 and implementing regulations, if
applicable. 
   (e) Any other information that the board determines to be
necessary to include in an application form.
   SEC. 8.    Section 25299.109 of the   Health
and Safety Code   is amended to read: 
   25299.109.  (a) The Petroleum Underground Storage Tank Financing
Account is hereby created in the State Treasury.  The
Petroleum Underground Storage Tank Financing Account is created for
both of the following purposes:   All of the following
moneys shall be deposited in the Petroleum Underground Storage Tank
Financing Account   : 
   (1)  Receiving federal,   Federal, 
state, and local  money.   funds transferred for
deposit in the account. 
   (2)  Receiving repayments   Repayments 
of loans and interest and late fees on  those accounts.
  loans issued pursuant to this chapter.  
   (3) Repayments of loans and interest and late fees on loans issued
pursuant to former Chapter 8.5 (commencing with Section 15399.10) of
Part 6.7 of Division 3 of Title 2 of the Government Code, as that
chapter existed on December 31, 2003.  
   (4) Moneys collected pursuant to Section 25299.110 and subdivision
(d) of Section 25299.104.  
   (5) Repayments of loan and grant moneys paid to a loan or grant
applicant to which the applicant is not entitled.  
   (6) Notwithstanding Section 16305.7 of the Government Code, all
interest earned upon moneys that are deposited in the account. 

   (7) All unexpended moneys in a subaccount of the account that is
consolidated into the account by the act adding this paragraph. 

   (8) All unexpended moneys in the Petroleum Financing Collection
Account established pursuant to Section 25299.110, as added by
Section 1 of Chapter 624 of the Statutes of 2004. 
   (b) Upon appropriation by the Legislature, funds in the account
shall be used by the board  only  to make loans and
 grants pursuant to   grants, service loans,
recover defaulted loan moneys due, protect the state's position as a
lender creditor, and administer  this chapter.
   (c) The board shall annually make available not more than 
33   15  percent of the available funds from the
account for the purposes of providing grants pursuant to this
chapter.  Funds transferred pursuant to subdivision (e) shall
not be used in calculating the maximum amount that may be made
available for grant funding.  
   (d)  Notwithstanding Section 16305.7 of the Government Code, all
interest or other increments resulting from the investment of the
funds in the Petroleum Underground Storage Tank Financing Account
pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of
Part 2 of Division 4 of Title 2 of the Government Code shall be
deposited in a subaccount of the Petroleum Underground Storage Tank
Financing Account, and expended only pursuant to Section 25299.113.
 
   (e) (1) The sum of eight million dollars ($8,000,000) is hereby
transferred from the subaccount established in subdivision (d) to the
Petroleum Underground Storage Tank Financing Account and is
appropriated for the purpose of making grants and loans pursuant to
this chapter in the 2008-09 and 2009-10 fiscal years. 

   (2) An application for grant funding pursuant to this subdivision
must have been received not later than June 30, 2009. 

   (3) If a grant or loan from moneys transferred pursuant to this
subdivision is being requested for the purpose of compliance with
Enhanced Vapor Recovery Phase II regulations, then the applicant must
have applied for or obtained a permit from the air quality
management district by April 1, 2009, and have obtained an
enforcement agreement or other binding obligation by June 30, 2009.
 
   (d) Eight million dollars ($8,000,000) is hereby transferred from
the fees collected pursuant to Section 25299.43 in the Underground
Storage Tank Cleanup Fund, to the Petroleum Underground Storage Tank
Financing Account, and is hereby appropriated for the purposes of
making grants and loans pursuant to this chapter and administering
this chapter. 
   SEC. 9.    Section 25299.110 of the   Health
and Safety Code   is repealed.  
   25299.110.  (a) There is hereby created, in the California
Economic Development Grant and Loan Fund, the Petroleum Financing
Collection Account. The Petroleum Financing Collection Account is
created solely for the purpose of receiving charges, fees, and
income, including, but not limited to, the charges and costs
collected pursuant to subdivision (c).
   (b) To defray the costs of the board in administrating the loan
program created pursuant to this chapter, the board may do all of the
following:
   (1) Impose reasonable charges on all applications and impose the
loan fee specified in subdivision (e) of Section 25299.104.
   (2) Recover collection costs from the borrower or other party.
   (3) Earn income on any asset recovered pursuant to a loan default.

   (c) The board shall deposit the charges and costs collected
pursuant to subdivision (b), including the loan fees charged pursuant
to subdivision (e) of Section 25299.104, in the Petroleum Financing
Collection Account. Notwithstanding Section 13340 of the Government
Code, all money deposited in the Petroleum Financing Collection
Account shall be continuously appropriated to the board for those
costs necessary to protect the state's position as a lender-creditor.
These costs shall be broadly construed to include, but not be
limited to, foreclosure expenses, auction fees, title searches,
appraisals, real estate brokerage fees, attorney fees, mortgage
payments, insurance payments, utility costs, repair costs, removal
and storage costs for repossessed equipment and inventory, and
additional expenditures to purchase a senior lien in foreclosure or
bankruptcy proceedings. 
   SEC. 10.    Section 25299.110 is added to the 
 Health and Safety Code   , to read:  
   25299.110.  To defray the costs of the board in administering the
loan program created pursuant to this chapter, the board may do all
of the following:
   (a) Impose reasonable charges on all applications and impose the
loan fee specified in subdivision (d) of Section 25299.104.
   (b) Recover collection costs from the borrower or other party.
   (c) Earn income on any asset recovered pursuant to a loan default.

   SEC. 11.    Section 25299.111 of the  
Health and Safety Code   is repealed.  
   25299.111.  If this chapter is repealed pursuant to Section
25299.117, then following the day on which the authority ceases to
exist, all moneys in the Petroleum Underground Storage Tank Financing
Account and all moneys due that account shall revert to, and accrue
to the benefit of, the Underground Storage Tank Cleanup Fund in the
State Treasury. 
  SEC. 12.    Section 25299.113 of the   Health
and Safety Code   is repealed.  
   25299.113.  (a) The board may, upon appropriation by the
Legislature in the annual Budget Act, expend the funds in the
subaccount established in the Petroleum Underground Storage Tank
Financing Account in subdivision (d) of Section 25299.109 for the
administrative expenses in carrying out this chapter.
   (b) Commencing on the effective date of this chapter, the
Controller shall do all of the following:
   (1) Transfer the interest payments from loan applicants and
interest earned on the funds in the Petroleum Underground Storage
Tank Financing Account received from July 1, 2002, to the effective
date of this chapter, inclusive, into the
               subaccount established in subdivision (d) of Section
25299.109.
   (2) Direct to the Petroleum Underground Storage Tank Financing
Account repayments of principal of loans issued pursuant to former
Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of
Division 3 of Title 2 of the Government Code, as that chapter existed
on December 31, 2003.
   (3) Direct to the subaccount established in subdivision (d) of
Section 25299.109, the payment of interest on loans issued pursuant
to former Chapter 8.5 (commencing with Section 15399.10) of Part 6.7
of Division 3 of Title 2 of the Government Code, as that chapter
existed on December 31, 2003.
   (c) For the 2004-05 fiscal year, using funds available in the
subaccount established in subdivision (d) of Section 25299.109, the
Department of Finance may augment the board's budget for the
reasonable amount necessary to implement this chapter and may
administratively establish necessary positions. Pursuant to
subdivision (a), the board shall request the continuation of the
necessary positions and funding for the 2005-06 fiscal year, and
succeeding years, through the annual Budget Act. 
   SEC. 13.    Section 25299.117 of the  
Health and Safety Code   is repealed.  
   25299.117.  This chapter is repealed as of January 1, 2016, unless
a later enacted statute that is enacted on or before January 1,
2016, deletes or extends that date.  
  SECTION 1.    Section 41700 of the Health and
Safety Code, as added by Section 2 of Chapter 411 of the Statutes of
2010, is amended to read:
   41700.  (a) Except as otherwise provided in Section 41705, a
person shall not discharge from any source whatsoever a quantity of
air contaminants or other material that causes injury, detriment,
nuisance, or annoyance to any considerable number of persons or to
the public, or that endangers the comfort, repose, health, or safety
of any of those persons or the public, or that causes, or has a
natural tendency to cause, injury or damage to business or property.
   (b) This section shall become operative on January 1, 2014.