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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
BILL NUMBER: SB 763	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN ASSEMBLY  AUGUST 19, 2013
	AMENDED IN ASSEMBLY  AUGUST 6, 2013
	AMENDED IN SENATE  APRIL 23, 2013
	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senator Fuller
    (   Principal coauthor:   Assembly Member
  Wieckowski   )

                        FEBRUARY 22, 2013

   An act to amend Sections 25284.1,  25299.43,  25299.51,
25299.102, 25299.103, 25299.104, 25299.105, 25299.106, 25299.107,
25299.109, and 25299.117 of,  to add Section 25299.50.1 to, 
to repeal Section 25299.113 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. 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 operation of the loan and grant program
until January 1, 2022, except as specified with regard to certain
authority.
   The bill would revise loan eligibility and grant award
requirements. The bill would require the board to annually make
available not more than 25% 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. The bill
would additionally authorize the board to provide grants and loans
for the purposes of compliance with performance standards for the
control of gasoline vapor emissions during gasoline marketing
operations.
   (2) Existing law establishes the Underground Storage Tank Cleanup
Fund in the State Treasury and requires specified moneys to be
deposited into the fund, including charges imposed upon owners of
underground storage tanks. Under existing law, moneys in the fund may
be expended by the board, upon appropriation by the Legislature, for
various purposes, including for the Barry Keene Underground Storage
Tank Cleanup Trust Fund Act of 1989 and for transfer to the financing
account.
   This bill would transfer $8,000,000 of a specified portion of
those charges 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) Under the existing Barry Keene Underground Storage Tank
Cleanup Trust Fund Act of 1989, every owner of an underground storage
tank is required to pay a storage fee for each gallon of petroleum
placed in the tank. The fees are required to be deposited in the
Underground Storage Tank Cleanup Fund and the State Water Resources
Control Board is authorized to expend the moneys in the fund, upon
appropriation by the Legislature, for various purposes, including the
payment of claims to aid owners and operators of petroleum
underground storage tanks who take corrective action to clean up
unauthorized releases from those tanks, corrective actions undertaken
by the board, a California regional water quality board, or a local
agency, the cleanup and oversight of unauthorized releases at
abandoned tank sites, and grants to small businesses to retrofit
certain hazardous substance underground storage tanks. Existing law
repeals the act on January 1, 2016, but specifies that certain
associated rights, obligations, and authorities that apply prior to
the repeal date do not terminate until the moneys in the fund are
exhausted.  
   Existing law, until January 1, 2014, provides for an increase in
the fee for storage in an underground tank of $0.006 per gallon of
petroleum.  
    This bill would require payment of the additional $0.006 per
gallon until January 1, 2016.  
   The bill would require the board, no later than March 31, 2014, to
make specified information relating to the payment of claims and
case closures available on its Internet Web site.  
   This bill would constitute a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.  
   (3)
    (4)  This bill would also make technical, nonsubstantive
changes to various provisions.
   Vote:  majority   2/3  . Appropriation:
yes. Fiscal committee: 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), 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. This clause
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 6.76 (commencing with Section
25299.100).
   (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  
25299.43 of the   Health and Safety Code   is
amended to read: 
   25299.43.  (a) To implement the changes to this chapter made by
Chapter 1191 of the Statutes of 1994, and consistent with Section
25299.40, effective January 1, 1995, every owner subject to Section
25299.41 shall pay a storage fee of one mill ($0.001) for each gallon
of petroleum placed in an underground storage tank that the person
owns, in addition to the fee required by Section 25299.41.
   (b) On and after January 1, 1996, the storage fee imposed under
subdivision (a) shall be increased by two mills ($0.002) for each
gallon of petroleum placed in an underground storage tank.
   (c) On and after January 1, 1997, the storage fee increased under
subdivision (b) shall be increased by an additional three mills
($0.003) for each gallon of petroleum placed in an underground
storage tank.
   (d) On and after January 1, 2005, the storage fee increased under
subdivision (c) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
   (e) On and after January 1, 2006, the storage fee increased under
subdivision (d) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
   (f) On and after January 1, 2010, the storage fee increased under
subdivision (e) shall be increased by an additional six mills
($0.006) for each gallon of petroleum placed in an underground
storage tank. The increase provided for in this subdivision shall be
effective until January 1,  2014,   2016, 
at which time, the fee shall revert back to the fee pursuant to
subdivision (e).
   (g) The fee imposed under this section shall be paid to the State
Board of Equalization under Part 26 (commencing with Section 50101)
of Division 2 of the Revenue and Taxation Code in the same manner as,
and consistent with, the fees imposed under Section 24299.41.
   (h) The State Board of Equalization shall amend the regulations
adopted under Section 25299.41 to carry out this section.
   SEC.   3.    Section 25299.50.1 is added to
the   Health and Safety Code   , to read: 

   25299.50.1.  In addition to the requirement in subdivision (d) of
Section 25299.81, and to the extent permitted by existing laws
protecting the confidentiality of records and the release of personal
information, the board shall, no later than March 31, 2014, also
make the following information, including information for underground
storage tanks that are provided moneys from the fund and those not
provided any money from the fund where appropriate, available on its
Internet Web site:
   (a) An update on the number of underground storage tank cases
remaining open, the number of closed cases, the number of closed
cases still awaiting funding, and an estimate of the total fund
liability given known or expected claims for all cases managed both
by the board and by a local  oversight program certified pursuant to
Section 25297.01 or regional boards.
   (b) A review and analysis as to whether an individual local
oversight program or regional board is interpreting the Low-Threat
Closure Policy adopted by the board pursuant to this chapter in a
manner consistent with its intent and with the interpretation of the
board, and whether cases are being closed by a local oversight
program or regional board at rates determined appropriate by the
board.
   (c) The total projected number of underground storage tank cases,
as determined by the board, in consultation with local oversight
programs and regional boards, that are ready for closure, but that
have not yet been closed.
   (d) A review of the local oversight program certification process
implemented by the board pursuant to Section 25297.01, including the
progress towards closure of those cases under the jurisdiction of the
certified local oversight program agencies.
   (e) A projection of the fiscal state of the fund for both existing
and pending claims using a variety of fee levels, with an average
claim closure expectation of five years, to provide fund claim
reimbursement scenarios based upon these differing fee levels.
   (f) A projection of the time periods, for both existing and
pending claims, in which all existing claims might be completed,
based on the various fee level projections.
   (g) The total number of claims that have been processed and are
only awaiting reimbursement, with the information segregated by the
class of the claimant.
   (h) An itemization of actual administrative expenses paid out of
moneys in the fund during the previous five fiscal years, including,
to the extent possible, payments to previous local implementing
agencies, local oversight program agencies, and regional boards. To
the extent possible, the itemization shall also include a five-year
projection of annual payments by the board to local oversight program
agencies in connection with administrative expenses related to the
implementation of the local oversight program.
   (i) To the extent possible, a current estimate of the average
claim duration in the fund by class, and a projection of average
claim duration in the fund for the next five years, segregated by
claimant class. 
   SEC. 2.   SEC. 4.   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 6.76 (commencing with
Section 25299.100).
   SEC. 3.   SEC. 5.   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 121.101) of Chapter I 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) The loan applicant demonstrates the ability to repay the loan,
and the availability of adequate collateral to secure the loan.
   (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.
   (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.   SEC. 6.   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 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
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 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 board determines to be
necessary to include in an application form.
   (b) Notwithstanding paragraph (4) of subdivision (a), the 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.   SEC. 7.   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 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, 25292.4, and 41954.
   (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 Account.
   (e) The inoperation or 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.
   SEC. 6.   SEC. 8.   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, 25292.5, or
41954.
   SEC. 7.   SEC. 9.   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) 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
or Section 41954.
   (d) 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.
   (e) Any other information that the board determines to be
necessary to include in an application form.
   SEC. 8.   SEC. 10.   Section 25299.107
of the Health and Safety Code is amended to read:
   25299.107.  (a) The minimum amount that the board may grant an
applicant is three thousand dollars ($3,000), and the maximum amount
that the board may grant an applicant is fifty thousand dollars
($50,000).
   (b) Grant funds may be used to finance up to 100 percent of the
costs necessary to comply with Sections 25284.1, 25292.4, 25292.5,
and 41954.
   (c) If the board received the applicant's grant application on or
before April 1, 2009, grant funds may be used to reimburse up to 100
percent of the costs that the applicant incurred after the board
received the grant application to comply with the Enhanced Vapor
Recovery Phase II regulations.
   (d) A person or entity is not eligible to receive more than fifty
thousand dollars ($50,000) in grant funds pursuant to this chapter.
   SEC. 9.   SEC. 11.   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. All of the following
moneys shall be deposited in the Petroleum Underground Storage Tank
Financing Account:
   (1) Federal, state, and local funds transferred for deposit in the
account.
   (2) Repayments of loans and interest and late fees on 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 to make loans and 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 25
percent of the available funds from the account for the purposes of
providing grants pursuant to this chapter.
   (d) Eight million dollars ($8,000,000) is hereby transferred from
the portion of the fees collected pursuant to subdivisions (a) to
(e), inclusive, of 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. 10.   SEC. 12.   Section 25299.110
of the Health and Safety Code is repealed.
   SEC. 11.   SEC. 13.   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. 12.   SEC. 14.   Section 25299.113
of the Health and Safety Code is repealed.
   SEC. 13.   SEC. 15.   Section 25299.117
of the Health and Safety Code is amended to read:
   25299.117.  (a) Except as provided in subdivision (b), this
chapter is repealed as of January 1, 2022, unless a later enacted
statute that is enacted on or before January 1, 2022, deletes or
extends that date.
                                              (b) Notwithstanding
subdivision (a), the repeal of this chapter does not terminate any of
the following rights, obligations, authorities, or any provision
necessary to carry out these rights, obligations, and authority:
   (1) The repayment of loans due and payable to the board.
   (2) The resolution of any cost recovery action or the initiation
of an action or other collection process to recover defaulted loan
moneys due to the board or to recover grant moneys paid but to which
the grantee is not entitled.
  
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