Health and Safety Code — Part 56 | HSC — United States — California law | Esheria

Health and Safety Code

Part 56 of 87 · provisions 11,001–11,200

This section says the act is to be known as the Health and Safety Code.

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 25290.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    This section defines “trade secrets” for this chapter and limits how the board and local agencies may use and disclose them.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25290. (a) “Trade secrets,” as used in this chapter, includes, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. (b) The board or a local agency may disclose trade secrets received by the board or the local agency pursuant to this chapter to authorized representatives or other governmental agencies only in connection with the board’s or local agency’s responsibilities pursuant to this chapter. The board and the local agency shall establish procedures to ensure that these trade secrets are utilized only in connection with these responsibilities and are not otherwise disseminated without the consent of the person who provided the information to the board or the local agency. (c) Any person providing information pursuant to Section 25286 shall, at the time of its submission, identify all information which the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law. (d) Where the local agency, by ordinance, provides an alternative to the listing of a substance which is a trade secret, the person storing that substance shall provide the identification of the material directly to the board pursuant to this section. (Added by renumbering Section 25283.6 by Stats. 1984, Ch. 1038, Sec. 11.)
  2. 25290.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Underground storage tanks installed on or after July 1, 2004 must meet this section’s design, containment, monitoring, testing, and leak-prevention requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25290.1. (a) Notwithstanding subdivision (o) of Section 25281, for purposes of this section, “product tight” means impervious to the liquid and vapor of the substance that is contained, or is to be contained, so as to prevent the seepage of the substance from the containment. (b) Notwithstanding Sections 25290.2 and 25291, every underground storage tank installed on or after July 1, 2004, shall meet the requirements of this section. (c) The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards: (1) Primary containment shall be constructed, operated, and maintained product tight and compatible with the stored product. (2) Secondary containment shall be constructed, operated, and maintained product tight. The secondary containment shall also be constructed, operated, and maintained in a manner to prevent structural weakening as a result of contact with any hazardous substances released from the primary containment, and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance. (3) Secondary containment shall be constructed, operated, and maintained to prevent any water intrusion into the system by precipitation, infiltration, or surface runoff. (4) In the case of an installation with one primary tank, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank. (5) In the case of multiple primary tanks, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater. (d) The underground tank system shall be designed and constructed with a continuous monitoring system capable of detecting the entry of the liquid- or vapor-phase of the hazardous substance stored in the primary containment into the secondary containment and capable of detecting water intrusion into the secondary containment. (e) The interstitial space of the underground storage tank shall be maintained under constant vacuum or pressure such that a breach in the primary or secondary containment is detected before the liquid or vapor phase of the hazardous substance stored in the underground storage tank is released into the environment. The use of interstitial liquid level measurement methods satisfies the requirements of this subdivision. (f) The underground storage tank shall be provided with equipment to prevent spills and overfills from the primary tank. (g) If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing. (h) Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector. (i) Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing requirements for underground storage systems specified in Section 2.4 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30), as amended and published in the respective edition of the Uniform Fire Code, shall be followed. (j) Before the underground storage tank is placed in use, the underground storage tank shall be tested after installation using one of the following methods to demonstrate that the tank is product tight: (1) Enhanced leak detection. (2) An inert gas pressure test that has been certified by a third party and approved by the board. (3) A test method deemed equivalent to enhanced leak detection or an inert gas pressure test by the board in regulations adopted pursuant to this chapter. An underground storage tank installed and tested in accordance with this subdivision is exempt from the requirements of Section 25292.5. (k) Notwithstanding Section 25281.5, for any system installed to meet the requirements of this section, those portions of vent lines, vapor recovery lines, and fill pipes that are beneath the surface of the ground are “pipe” as the term is defined in subdivision (m) of Section 25281, and therefore part of the underground storage tank system. (Amended by Stats. 2004, Ch. 649, Sec. 1. Effective September 21, 2004.)
  3. 25290.1.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    This section limits when a local agency may issue a notice to comply for certain underground storage tank violations and sets notice, correction, and certification steps.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25290.1.1. (a) (1) On the effective date of the act adding this section and for 179 days thereafter, a local agency shall only issue a notice to comply pursuant to this section to an owner or operator of an underground storage tank subject to Section 25290.1 that does not maintain the vacuum or pressure that is required by subdivision (e) of Section 25290.1, except as otherwise provided in this section. (2) If the violation described in paragraph (1) occurs on or after the 180th day from the effective date of the act adding this chapter, the local agency may take any enforcement action authorized by this chapter. (b) A local agency shall issue the notice to comply alleging a violation described in paragraph (1) of subdivision (a) by presenting a notice to comply to the owner or operator in writing, which meets all of the following requirements: (1) The notice to comply shall be written in the course of conducting an inspection by an authorized representative of the local agency. (2) A copy of the notice to comply shall be presented to a person who is an owner, operator, employee, or representative of the facility being inspected at the time that the notice to comply is written. (3) The notice to comply shall clearly state that a violation described in paragraph (1) of subdivision (a) was discovered, a means by which compliance may be achieved, and a time limit in which to comply, which shall not exceed 60 days. The local agency may provide a one-time extension of the time limit for compliance specified in the notice, not to exceed an additional 60 days, if the local agency determines that an extension is necessary to ensure compliance. (4) The notice to comply shall contain a statement that the inspected facility may be subject to reinspection at any time. (c) (1) On or before five working days after the date the violation described in paragraph (1) of subdivision (a) is corrected, the person cited in the notice to comply or an authorized representative of that person shall sign the notice to comply, shall certify that the violation has been corrected, and shall return the notice to the local agency. (2) A false certification submitted pursuant to paragraph (1) that the violation is corrected is punishable as a misdemeanor. (3) The effective date of the certification that the violation has been corrected shall be the date that the certification is postmarked. (d) Notwithstanding subdivision (a), if a person fails to correct the violation within the prescribed period in the notice, the local agency may take any enforcement action authorized by this chapter. (e) This section does not do any of the following: (1) Prevent the reinspection of a facility to ensure compliance. (2) Prevent a local agency, on a case-by-case basis, from requiring a person subject to a notice to comply to submit reasonable and necessary documentation to support a claim of compliance by the person. (3) Restrict the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. (4) Prevent the local agency, state board, or regional board, from cooperating with, or participating in, a proceeding specified in paragraph (3). (f) Notwithstanding subdivision (a), if the violation described in paragraph (1) of subdivision (a) is intentional or occurs as the result of gross negligence, the local agency may take any enforcement action authorized by this chapter. (Added by Stats. 2004, Ch. 649, Sec. 2. Effective September 21, 2004.)
  4. 25290.1.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The board and the State Air Resources Board must certify certain enhanced vapor recovery equipment, consult with interested parties, and post the certification and supporting documents online.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25290.1.2. (a) The board and the State Air Resources Board, under the direction of the California Environmental Protection Agency, shall certify to the best of their knowledge, that the equipment that meets the requirements of Section 94011 of Title 17 of the California Code of Regulations for enhanced vapor recovery systems at gasoline dispensing facilities, as implemented by the State Air Resources Board, also meets the requirements of this chapter. The board and the State Air Resources Board shall make this certification collaboratively, using existing resources. (b) The board and the State Air Resources Board, under the direction of the California Environmental Protection Agency, when making the certification specified in subdivision (a), shall consult with interested parties, including local implementing agencies, underground storage tank system owners and operators, equipment manufacturers, underground storage tank system installers, and environmental organizations. (c) The board and the State Air Resources Board shall post the certification and any supporting documentation on their Web sites. (d) This section shall be implemented by the executive directors of the board and of the State Air Resources Board, or by their designees. (Added by Stats. 2004, Ch. 649, Sec. 3. Effective September 21, 2004.)
  5. 25290.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Certain underground storage tanks and related piping must be designed, tested, and equipped to prevent leaks and spills.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25290.2. (a) Notwithstanding subdivision (o) of Section 25281, for purposes of this section, “product tight” means impervious to the liquid and vapor of the substance that is contained, or is to be contained, so as to prevent the seepage of the substance from the containment. (b) Notwithstanding Section 25291, every underground storage tank installed on or after July 1, 2003, and before July 1, 2004, shall meet the requirements of this section. (c) The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards: (1) Primary containment shall be product tight and compatible with stored product. (2) Secondary containment shall be product tight and constructed to prevent structural weakening as a result of contact with any hazardous substances released from the primary containment, and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance. (3) Secondary containment shall be constructed to prevent any water intrusion into the system by precipitation, infiltration, or surface runoff. (4) In the case of an installation with one primary tank, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank. (5) In the case of multiple primary tanks, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater. (d) The underground tank system shall be designed and constructed with a continuous monitoring system capable of detecting the entry of the hazardous substance stored in the primary containment into the secondary containment and capable of detecting water intrusion into the secondary containment. (e) The underground storage tank shall be provided with equipment to prevent spills and overfills from the primary tank. (f) If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing. (g) Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector and shall be tightness tested annually. (h) Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing requirements for underground storage systems specified in Section 2.4 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30), as amended and published in the respective edition of the Uniform Fire Code, shall be followed. (i) Before the underground storage tank is placed in use, the underground storage tank shall be tested after installation using one of the following methods to demonstrate that the tank is product tight: (1) Enhanced leak detection. (2) An inert gas pressure test that has been certified by a third party and approved by the board. (3) A test method deemed equivalent to enhanced leak detection or an inert gas pressure test by the board in regulations adopted pursuant to this chapter. An underground storage tank installed and tested in accordance with this subdivision is exempt from the requirements of Section 25292.5. (j) Notwithstanding Section 25281.5, for any system installed to meet the requirements of this section, those portions of vent lines, vapor recovery lines, and fill pipes that are beneath the surface of the ground are “pipe” as the term is defined in subdivision (m) of Section 25281, and therefore part of the underground storage tank system. (Added by Stats. 2003, Ch. 42, Sec. 7. Effective July 7, 2003.)
  6. 25291.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Underground storage tanks installed after January 1, 1984 must meet containment, monitoring, spill-prevention, testing, and water-removal requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25291. Every underground storage tank installed after January 1, 1984, shall meet all of the following requirements: (a) The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards: (1) Primary containment shall be product-tight and compatible with the substance stored. (2) Secondary containment shall be constructed to prevent structural weakening as a result of contact with any released hazardous substances, and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance. (3) In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank. (4) In the case of multiple primary tanks, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater. (5) If the facility is open to rainfall, then the secondary containment shall be able to additionally accommodate the maximum volume of a 24-hour rainfall as determined by a 25-year storm history. (6) Single-walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment. However, an underground storage tank with a primary container constructed with a double complete shell shall be deemed to have met the requirements for primary and secondary containment set forth in this section if all of the following criteria are met: (A) The outer shell is constructed primarily of nonearthen materials, including, but not limited to, concrete, steel, and plastic, which provide structural support and a continuous leak detection system with alarm is located in the space between the shells. (B) The system is capable of detecting the entry of hazardous substances from the inner container into the space. (C) The system is capable of detecting water intrusion into the space from the outer shell. (7) Underground storage tanks for motor vehicle fuels installed before January 1, 1997, may be designed and constructed in accordance with this paragraph in lieu of the requirements of paragraphs (1) to (6), inclusive, if all of the following conditions exist: (A) The primary containment construction is of glass fiber reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic. (B) Any alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the underground storage tank to a monitoring well to detect any release of motor vehicle fuels. (C) The system is designed to provide early leak detection and response, and to protect the groundwater from releases. (D) The monitoring is in accordance with the alternative method identified in paragraph (4) of subdivision (b) of Section 25292. This subparagraph does not apply to tanks designed, constructed, and monitored in accordance with paragraph (6). (E) Pressurized piping systems connected to tanks used for the storage of motor vehicle fuels and monitored in accordance with paragraph (4) of subdivision (b) of Section 25292 also meet the conditions of this subdivision if the tank meets the conditions of subparagraphs (A) to (D), inclusive. However, any pipe connected to an underground storage tank installed after July 1, 1987, shall be equipped with secondary containment that complies with paragraphs (1) to (6), inclusive. (b) The underground tank system shall be designed and constructed with a monitoring system capable of detecting the entry of the hazardous substance stored in the primary containment into the secondary containment. (c) The underground storage tank shall be provided with equipment to prevent spills and overflows from the primary tank. (d) If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment to avoid potential intermixing. (e) If water could enter into the secondary containment by precipitation or infiltration, the facility shall contain a means of monitoring for water intrusion and for removing the water by the owner or operator. This removal system shall also prevent uncontrolled removal of this water and provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility. (f) Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector and shall be tightness tested annually. (g) Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing for requirements for underground storage systems specified in Section 2-7 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association, (NFPA 30) as amended and published in the respective edition of the Uniform Fire Code, shall be followed. (h) Before the underground storage tank is placed in service, the underground tank system shall be tested in operating condition using a tank integrity test. (i) If the underground storage tank is designed to maintain a water level in the secondary containment, the tank shall be equipped with a safe method of removing any excess water to a holding facility and the owner or operator shall inspect the holding facility monthly for the presence of excess water overflow. If excess water is present in the holding facility, the permitholder shall provide a means to analyze the water for hazardous substance contamination and a means to dispose of the water, if so contaminated, at an authorized disposal facility. (Amended by Stats. 2002, Ch. 999, Sec. 18.5. Effective January 1, 2003.)
  7. 25292.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Certain underground storage tanks and pressurized piping must be monitored, upgraded, and retrofitted by specified deadlines.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25292. For every underground storage tank installed on or before January 1, 1984, and used for the storage of hazardous substances, the following actions shall be taken: (a) On or before July 1, 1985, the owner or operator shall outfit the underground tank system with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the tank system, and thereafter, the owner or operator shall monitor each tank system, based on materials stored and the type of monitoring installed. (b) Provide a means for visual inspection of the tank system, wherever practical, for the purpose of the monitoring required by subdivision (a). Alternative methods of monitoring the tank system on a monthly, or more frequent basis, may be required by the local agency, consistent with the regulations of the board. The alternative monitoring methods include, but are not limited to, the following methods: (1) Tank integrity testing for proving the integrity of an underground tank system at time intervals specified by the board. (2) A groundwater monitoring well or wells that are downgradient and adjacent to the underground tank system, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well. (3) A continuous leak detection and alarm system that is located in monitoring wells adjacent to an underground tank system and which is approved by the local agency. (4) For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the owner or operator, if all of the following requirements are met: (A) Inventory records are kept on file for one year and are reviewed quarterly. (B) The tank system is tested, using the tank integrity test at time intervals specified by the board and whenever there is a shortage greater than the amount which the board shall specify by regulation. (C) If a pressurized pump system is connected to the tank system, the system has a leak detection device to monitor for leaks in the piping. The leak detection device shall be installed in a manner designed to resist unauthorized tampering and to clearly show by visual inspection if tampering has occurred. The leak detection device shall be tested annually, at a minimum, and all devices found to be not performing in conformance with the manufacturer’s leak detection specifications shall be promptly repaired or replaced. (5) For monitoring underground tank systems that are located on farms and that store motor vehicle or heating fuels used primarily for agricultural purposes, alternative monitoring methods include the following: (A) If the tank has a capacity of greater than 1,100 gallons but of 5,000 gallons or less, the tank shall be tested using the tank integrity test, at least once every three years, and the owner or operator shall utilize tank gauging on a monthly or more frequent basis, as required by the local agency, subject to the specifications provided in paragraph (7) of subdivision (c) of Section 2641 of Title 23 of the California Code of Regulations, as that section read on August 13, 1985. (B) If the tank has a capacity of more than 5,000 gallons, the tank shall be monitored pursuant to the methods for all other tanks specified in this subdivision. (c) The board shall develop regulations specifying monitoring alternatives. The local agency, or any other public agency specified by the local agency, shall approve the location and number of wells, the depth of wells, and the sampling frequency, pursuant to these regulations. (d) On or before December 22, 1998, the underground storage tank shall be replaced or upgraded to prevent releases due to corrosion or spills or overfills for the underground storage tank’s operating life. (e) (1) All existing underground pressurized piping shall be equipped with an automatic line leak detector on or before December 22, 1990, and shall be retrofitted with secondary containment on or before December 22, 1998. Underground pressurized piping shall be tightness tested annually. (2) Paragraph (1) does not apply to existing pressurized piping containing motor vehicle fuel, if the pipeline is constructed of glass fiber reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic, is equipped with an automatic line leak detector, and is tightness tested annually. (Amended by Stats. 2003, Ch. 42, Sec. 8. Effective July 7, 2003.)
  8. 25292.05.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Owners or operators of certain underground storage tanks must permanently close them by December 31, 2025. The board may also adopt regulations requiring earlier closure for tanks that meet specified conditions and pose a high threat to water quality or public health.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25292.05. (a) On or before December 31, 2025, the owner or operator of an underground storage tank shall permanently close that underground storage tank in accordance with Section 25298 and the regulations adopted pursuant to that section, if the underground storage tank meets either of the following conditions: (1) The underground storage tank is designed and constructed in accordance with paragraph (7) of subdivision (a) of Section 25291 and does not meet the requirements of paragraphs (1) to (6), inclusive, of subdivision (a) of Section 25291. (2) The underground storage tank was installed on or before January 1, 1984, and does not meet the requirements of paragraphs (1) to (6), inclusive, of subdivision (a) of Section 25291. (b) Notwithstanding subdivision (a), the board may adopt regulations to require the owner or operator of an underground storage tank to permanently close that underground storage tank before December 31, 2025, in accordance with Section 25298 and the regulations adopted pursuant to that section, if the underground storage tank meets the conditions specified in either paragraph (1) or (2) of subdivision (a) and the underground storage tank poses a high threat to water quality or public health. The board shall consult with stakeholders before adopting regulations pursuant to this subdivision. (Added by Stats. 2014, Ch. 547, Sec. 1. (SB 445) Effective September 25, 2014.)
  9. 25292.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Underground tank systems must meet specified operational requirements to prevent unauthorized releases, including spills and overfills.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25292.1. All underground tank systems shall meet the following operational requirements: (a) The underground tank system shall be operated to prevent unauthorized releases, including spills and overfills, during the operating life of the tank, including during gauging, sampling, and testing for the integrity of the tank. (b) Where equipped with cathodic protection, the underground tank system shall be operated by a person with sufficient training and experience in preventing corrosion. (c) The underground tank system shall be structurally sound at the time of upgrade or repair. (Amended by Stats. 1991, Ch. 1138, Sec. 2.)
  10. 25292.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Owners and operators of underground tank systems must keep financial-responsibility evidence for cleanup and third-party injury or property-damage claims.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25292.2. (a) All owners and operators of an underground tank system shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from the underground tank system, in accordance with regulations adopted by the board pursuant to Section 25299.3. The regulations shall include a schedule that requires that financial responsibility requirements are phased-in for all underground storage tank systems on or before October 26, 1990. (b) If the owner and the operator are separate persons, either the owner or the operator shall demonstrate compliance with subdivision (a). (c) An owner may comply with this article by entering into an agreement with the operator of the tank requiring the operator to demonstrate compliance with subdivision (a). However, both the owner and the operator are in violation of subdivision (a) if evidence of financial responsibility is not established and maintained in accordance with this article. (Added by Stats. 1989, Ch. 1397, Sec. 14.)
  11. 25292.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    This section lets the local agency or board respond to significant violations of underground storage tank rules, and it bars use of red-tagged tanks except as allowed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25292.3. (a) Upon the discovery of a significant violation of any requirement in this chapter, or any regulation adopted pursuant to this chapter, that poses an imminent threat to human health or safety or the environment, the local agency or the board may take either of the following actions: (1) Affix a red tag, in plain view, to the fill pipe of the noncompliant underground storage tank system, providing notice that the prohibitions specified in subdivision (c) apply. (2) (A) Affix a red tag, as provided in paragraph (1), and issue a written directive to the noncompliant underground storage tank system owner or operator to empty the noncompliant underground storage tank system. (B) An owner or operator issued a written directive pursuant to subparagraph (A) shall comply with the directive as soon as possible, but no later than 48 hours after receiving the directive. (b) Upon the discovery of a significant violation of any requirement in this chapter or of any regulation adopted pursuant to this chapter, the local agency or the board may issue a notice of significant violation to the owner or operator. If the board issues a notice of significant violation, the board shall provide a copy of the notice to the local agency no later than two working days after the notice is issued to the owner or operator. The owner or operator who receives a notice of significant violation shall, within seven days from receipt of the notice, correct the violation to the satisfaction of the local agency or the board. If the owner or operator does not correct the violation within seven days, the local agency or the board may affix a red tag to the fill pipe of the noncompliant underground storage tank system and may additionally issue a written directive to empty the noncompliant underground storage tank, as described in paragraphs (1) and (2) of subdivision (a). (c) (1) (A) A person shall not deliver a hazardous substance into an underground storage tank system that has a red tag affixed to its fill pipe. (B) A person shall not deposit petroleum into an underground storage tank system that has a red tag affixed to its fill pipe. (C) A person shall not input into or withdraw from an underground storage tank system that has a red tag affixed to its fill pipe, except to empty the underground storage tank pursuant to a directive issued in accordance with subparagraph (A) of paragraph (2) of subdivision (a). (2) A person shall not remove, deface, alter, or otherwise tamper with a red tag so that the information contained on the tag is not legible. (d) Any action taken by the board pursuant to subdivision (a) or (b) shall be taken in consultation with the local agency. (e) Upon notification by the owner or operator that the significant violation has been corrected, the local agency or the board shall inspect the noncompliant underground storage tank system within five days to determine whether the underground storage tank system continues to be in significant violation. If the local agency or the board determines that the underground storage tank system is no longer in significant violation, the local agency or the board shall immediately remove the red tag and release the owner or operator from any directive requiring the underground storage tank to be kept empty. (f) The board shall adopt regulations to define significant violations for purposes of this section. (Amended by Stats. 2018, Ch. 721, Sec. 7. (AB 2902) Effective January 1, 2019.)
  12. 25292.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Certain underground storage tank owners or operators near public drinking water wells must use enhanced leak detection or monitoring, and the board must issue related regulations and notifications.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25292.4. (a) On and after November 1, 2000, an owner or operator of an underground storage tank system with a single-walled component that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, shall implement a program of enhanced leak detection or monitoring, in accordance with the regulations adopted by the board pursuant to subdivision (c). (b) The board shall notify the owner and operator of each underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, of the owner’s and operator’s responsibilities pursuant to this section. The board shall provide each local agency with a list of tank systems within the local agency’s jurisdiction that are located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database. (c) The board shall adopt regulations to implement the enhanced leak detection and monitoring program required by subdivision (a). Before adopting these regulations, the board shall consult with the petroleum industry, local governments, environmental groups, and other interested parties to assess the appropriate technology and procedures to implement the enhanced leak detection and monitoring program required by subdivision (a). In adopting these regulations, the board shall consider existing leak detection technology and external monitoring techniques or procedures for underground storage tanks. (d) If the results of the enhanced leak detection test indicate that any component of the underground storage 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. (Amended by Stats. 2002, Ch. 999, Sec. 21. Effective January 1, 2003.)
  13. 25292.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Certain underground storage tank owners or operators must do a one-time enhanced leak detection test by January 1, 2005, and fix and retest if leaking is found. The board must notify affected owners/operators and send local agencies a list of nearby tank systems.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25292.5. (a) On or before January 1, 2005, the owner or operator of an underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, and that is not otherwise subject to subdivision (j) of Section 25290.1, subdivision (i) of Section 25290.2, or Section 25292.4, shall test the system once using an enhanced leak detection test. The enhanced leak detection test shall meet the requirements of subsection (e) of Section 2640 of, and Section 2644.1 of, Title 23 of the California Code of Regulations, as those regulations read on January 1, 2003, except that the requirement in those regulations to repeat the test every 36 months shall not apply. (b) On or before June 1, 2003, the board shall notify the owner and operator of each underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, of the owner’s and operators’ responsibilities pursuant to this section. The board shall provide each local agency with a list of tank systems within the local agency’s jurisdiction that are within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database. (c) Notwithstanding subdivision (a), if the results of the enhanced leak detection test indicate that any component of the underground storage 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. (Amended by Stats. 2003, Ch. 42, Sec. 9. Effective July 7, 2003.)
  14. 25293.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The owner or operator of an underground tank system must monitor the tank using the permit-specified method and keep detailed records of monitoring, testing, repairs, and closure.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25293. The owner or operator of the underground tank system shall monitor the tank system using the method specified on the permit for the tank system. Records of monitoring, testing, repairing, and closure shall be kept in sufficient detail to enable the local agency to determine whether the underground tank system is in compliance with the applicable provisions of this chapter, the regulations adopted by the board pursuant to Section 25299.3, and the permit issued for the operation of the tank system. (Amended by Stats. 2003, Ch. 42, Sec. 10. Effective July 7, 2003.)
  15. 25294.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    An operator must record certain unauthorized releases on the operator’s monitoring reports.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25294. Any unauthorized release from the primary containment which the operator is able to clean up within eight hours after the release was detected or should reasonably have been detected, and which does not escape from the secondary containment, does not increase the hazard of fire or explosion, and does not cause any deterioration of the secondary containment of the underground storage tank, shall be recorded on the operator’s monitoring reports. (Added by renumbering Section 25284.3 by Stats. 1984, Ch. 1038, Sec. 15.)
  16. 25295.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    This section requires rapid reporting of certain unauthorized underground tank releases to the local agency and sets additional reporting, permit-review, and board-posting duties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25295. (a) (1) An unauthorized release that escapes from the secondary containment, or from the primary containment, if no secondary containment exists, increases the hazard of fire or explosion, or causes deterioration of the secondary containment of the underground tank system shall be reported by the owner or operator to the local agency within 24 hours after the release has been detected or should have been detected. The owner or operator of the underground tank system shall transmit the information specified in this paragraph regarding the unauthorized release to the local agency no later than five working days after the date of the occurrence of the unauthorized release. The information shall be submitted to the local agency on a written form or using an electronic format developed by the board and approved by the Secretary for Environmental Protection as consistent with the standardized electronic format and protocol requirements of Sections 71060 to 71065, inclusive, of the Public Resources Code. Either reporting method shall include all of the following: (A) A description of the nature and volume of the unauthorized release. (B) The corrective or remedial actions undertaken. (C) Any further corrective or remedial actions, including investigative actions, that will be needed to clean up the unauthorized release and abate the effects of the unauthorized release. (D) A time schedule for implementing the actions specified in subparagraph (C). (E) The source and cause of the unauthorized release. (F) The underground storage tank system’s record of compliance with this chapter, including data on equipment failures. (G) Any other information the board deems necessary to implement or comply with this chapter, Chapter 6.75 (commencing with Section 25299.10), or the federal act. (2) The local agency shall review the permit whenever there has been an unauthorized release or when it determines that the underground tank system is unsafe. In determining whether to modify or terminate the permit, the local agency shall consider the age of the tank, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous substances stored in the tank, the severity of potential unauthorized releases, and the suitability of any other long-term preventive measures that would meet the requirements of this chapter. (b) (1) Each regional board and local agency shall submit a report to the board for all unauthorized releases, indicating for each unauthorized release the responsible party, the site name, the hazardous substance, the quantity of the unauthorized release if known, the actions taken to abate the problem, the source and cause of the unauthorized release, the underground storage tank system’s record of compliance with this chapter, data on equipment failures, and any other information that the board deems necessary to implement this chapter, Chapter 6.75 (commencing with Section 25299.10), or the federal act. (2) The information required by this subdivision shall be submitted to the board and updated using the board’s Internet-accessible database that accepts data pursuant to Section 13196 of the Water Code. (3) On and before December 1, 2012, and not less than annually thereafter, the board shall post and update on its Internet Web site, the information concerning unauthorized releases in the reports submitted pursuant to this subdivision. (4) The board may adopt regulations pursuant to Section 25299.3 that specify reporting requirements for the implementation of this section, including, but not limited to, requirements for the electronic submission of the information required in a report submitted pursuant to this subdivision. If the board adopts these regulations, the board shall adopt the regulations as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary to avoid serious harm to the public peace, health, safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivision (e) of Section 11346.1 of the Government Code, the emergency regulations adopted pursuant to this subdivision shall be filed with, but shall not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the board. (c) The reporting requirements imposed by this section are in addition to any requirements that may be imposed by Sections 13271 and 13272 of the Water Code. (Amended by Stats. 2012, Ch. 536, Sec. 4. (AB 1701) Effective January 1, 2013.)
  17. 25295.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    A person who causes an unauthorized hazardous-substance release must immediately notify the underground storage tank’s owner or operator, and the owner or operator must follow the applicable requirements in Sections 25294 or 25295.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25295.5. (a) For purposes of this chapter, an unauthorized release includes, but is not limited to, a spill or overfill of a hazardous substance that meets both of the following conditions: (1) The spill or overfill occurs while the hazardous substance is being placed in an underground storage tank. (2) The spill or overfill is due to the use of improper equipment, faulty equipment, operator error, or inattention or overfilling. (b) A person who causes an unauthorized release of a hazardous substance specified in subdivision (a) shall immediately notify the owner or operator of the underground storage tank that a spill has occurred and the owner or operator shall comply with the requirements of Sections 25294 or 25295, whichever is applicable. (c) A spill or overfill shall not qualify for funds provided pursuant to Section 25299.51. (Amended by Stats. 2003, Ch. 42, Sec. 12. Effective July 7, 2003.)
  18. 25296.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    This section lets a permitholder repair or line certain underground storage tanks only under specified testing, material, and inspection conditions, and it requires monitoring systems for repairs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25296. (a) If there has been any unauthorized release, as defined in Section 25294 or subdivision (a) of Section 25295, from an underground storage tank containing motor vehicle fuel not under pressure, the permitholder may repair the tank once by an interior-coating process if the tank meets all of the following requirements: (1) One of the following tests has been conducted to determine the thickness of the storage tank: (A) An ultrasonic test. (B) Certification by a special inspector that the shell will provide structural support for the interior lining. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon the following procedures and criteria: (i) If the tank is made of fiberglass, the tank is cleaned so that no residue remains on the tank wall surface. The special inspector shall take interior diameter measurements and, if the cross-section has compressed more than 1 percent of the original diameter, the tank shall not be certified and shall also not be returned to service. The special inspector shall also conduct an interior inspection to identify any area where compression or tension cracking is occurring and shall determine whether additional glass fiber reinforcing is required for certification before the tank may be lined. (ii) If the tank is made of steel, the tank interior surface shall be abrasive blasted completely free of scale, rust, and foreign matter, as specified in the American Petroleum Institute’s recommended practice 16-31, relating to white metal blasting. The special inspection shall sound any perforations or areas showing corrosion pitting with a brass ballpeen hammer to enlarge the perforation or break through a potentially thin steel area. Tanks that have any of the following defects shall not be certified or returned to service: (I) A tank which has an open seam or a split longer than three inches. (II) A tank which has a perforation larger than one and one-half inches in diameter, or a gauging opening larger than two and one-half inches in diameter. (III) A tank with five or more perforations. (IV) A tank with 20 or more perforations in a 500 square foot area. (V) A tank with a perforation larger than one-half inch. (C) A test approved by the board as comparable to the tests specified in subparagraph (A) or (B). If the person conducting the test determines that the test results indicate that the tank has a serious corrosion problem, the local agency may require additional corrosion protection for the tank or may prohibit the permitholder from making the repair. (2) The material used to repair the tank by an interior-coating process is compatible with the motor vehicle fuel that is stored, as approved by the board by regulation. (3) The material used to repair the tank by an interior-coating process is applied in accordance with nationally recognized engineering practices such as the American Petroleum Institute’s recommended practice No. 1631 for the interior lining of existing underground storage tanks. (4) Before the tank is placed back into service following the repair, the tank is tested in the operating condition using the tank integrity test. (b) The board may adopt regulations, in consultation with the State Fire Marshal, for the repair of underground storage tanks, which may include, but are not limited to, a requirement that a test be conducted to determine whether the interior-coating process has bonded to the wall of the tank. The standards specified in subdivision (a) shall remain in effect until the adoption of these regulations. (c) The board shall, by regulation, require that monitoring systems be installed when a repair is made pursuant to this section. For purposes of this subdivision, “monitoring system” means a continuous leak detection and alarm system which is located in monitoring wells adjacent to an underground storage tank and which is approved by the board. (d) If there has not been an unauthorized release, as defined in subdivision (a) of Section 25295, from an underground storage tank containing motor vehicle fuel not under pressure, the permitholder may line the interior of the tank as a preventative measure. If an unauthorized release occurs from a tank which was lined as a preventative measure, the permitholder shall not reline the tank again. (Amended by Stats. 1987, Ch. 1372, Sec. 8.)
  19. 25296.09.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    If the specified agreement exists, the Santa Clara Valley Water District gets the same authority and responsibility as a local agency for listed hazardous-substance oversight provisions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25296.09. (a) (1) If the board enters into an agreement with a local agency and the Santa Clara Valley Water District pursuant to subdivision (j) of Section 25297.1, the Santa Clara Valley Water District shall have the same authority and responsibility as a local agency for purposes of Sections 25296.10 to 25297.2, inclusive, and for purposes of Sections 25299.36, 25299.38, 25299.39.2, 25299.39.3, 25299.51, 25299.53, and 25299.57. (2) Paragraph (1) shall remain operative only until June 30, 2005. (3) The inoperation of paragraph (1) does not affect the validity of any action taken by the Santa Clara Valley Water District before June 30, 2005, and does not provide a defense for an owner, operator, or other responsible party who fails to comply with that action. (4) Nothing in this section implies that the Santa Clara Valley Water District has CUPA authority other than authority for the local oversight program in accordance with paragraph (1). (b) (1) The Legislature hereby finds and declares that, beginning in 1988, and continuing each year since that date, the Santa Clara Valley Water District has had a role in implementing the requirements of the provisions listed in subdivision (a). (2) The Legislature hereby finds and declares that the funding provided by the state to the Santa Clara Valley Water District for the work described in paragraph (1) is hereby ratified. (c) (1) Any action taken by the Santa Clara Valley Water District that a local agency is otherwise authorized to take pursuant to Sections 25296.10 to 25297.2, inclusive, and Sections 25299.36, 25299.38, 25299.39.2, 25299.39.3, 25299.51, 25299.53, and 25299.57, and that was taken by the Santa Clara Valley Water District on and after January 1, 1988, and continuing on and before January 1, 2005, or until the effective date of an agreement entered into pursuant to subdivision (j) of Section 25297.1, whichever date occurs first, is hereby ratified as having been taken pursuant to this chapter and Chapter 6.75 (commencing with Section 25299.10). However, this ratification applies only to an action that would be valid only if an agreement pursuant to subdivision (j) of Section 25297.1 had been in effect at the time of the action and that otherwise complies with applicable law. (2) This subdivision does not apply to any action taken by the Santa Clara Valley Water District that is the subject of a civil action pending on June 12, 2003. (Amended by Stats. 2004, Ch. 89, Sec. 1. Effective July 1, 2004.)
  20. 25296.10.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Owners, operators, or other responsible parties must take corrective action for unauthorized releases and may have to prepare and follow a work plan, with notice to the regulatory agency before starting implementation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25296.10. (a) Each owner, operator, or other responsible party shall take corrective action in response to an unauthorized release in compliance with this chapter and the regulations adopted pursuant to Section 25299.3. In adopting corrective action regulations, the board shall develop corrective action requirements for health hazards and protection of the environment, based on the severity of the health hazards and the other factors listed in subdivision (b). The corrective action regulations adopted by the board pursuant to Section 25299.77 to implement Section 25299.37, as that section read on January 1, 2002, that were in effect before January 1, 2003, shall continue in effect on and after January 1, 2003, until revised by the board to implement this section and shall be deemed to have been adopted pursuant to Section 25299.3. (b) Any corrective action conducted pursuant to this chapter shall ensure protection of human health, safety, and the environment. The corrective action shall be consistent with any applicable waste discharge requirements or other order issued pursuant to Division 7 (commencing with Section 13000) of the Water Code, all applicable state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code, and all applicable water quality control plans adopted pursuant to Section 13170 of the Water Code and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7 of the Water Code. (c) (1) When a local agency, the board, or a regional board requires an owner, operator, or other responsible party to undertake corrective action, including preliminary site assessment and investigation, pursuant to an oral or written order, directive, notification, or approval issued pursuant to this section, or pursuant to a cleanup and abatement order or other oral or written directive issued pursuant to Division 7 (commencing with Section 13000) of the Water Code, the owner, operator, or other responsible party shall prepare a work plan that details the corrective action the owner, operator, or other responsible party shall take to comply with the requirements of subdivisions (a) and (b) and the corrective action regulations adopted pursuant to Section 25299.3. (2) The work plan required by paragraph (1) shall be prepared in accordance with the regulations adopted pursuant to Section 25299.3. The work plan shall include a schedule and timeline for corrective action. (3) At the request of the owner, operator, or other responsible party, the local agency, the board, or the regional board shall review a work plan prepared pursuant to paragraph (1) and either accept the work plan, if it meets the requirements of the section, or disapprove the work plan if it does not meet those requirements. If the local agency, board, or the regional board accepts the work plan, it shall indicate to the owner, operator, or other responsible party, the actions or other elements of the work plan that are, in all likelihood, adequate and necessary to meet the requirements of this section, and the actions and elements that may be unnecessary. If the local agency, board, or regional board disapproves the work plan, it shall state the reasons for the disapproval. (4) In the interests of minimizing environmental contamination and promoting prompt cleanup, the responsible party may begin implementation of the proposed action after the work plan has been submitted but before the work plan has received regulatory agency acceptance, except that implementation of the work plan may not begin until 60 calendar days from the date of submittal, unless the responsible party is otherwise directed in writing by the regulatory agency. However, before beginning implementation pursuant to this paragraph, the responsible party shall notify the regulatory agency of the intent to initiate proposed actions set forth in the submitted work plan. (5) The owner, operator, or other responsible party shall conduct corrective actions in accordance with the work plan approved pursuant to this section. (6) When the local agency, the board, or the regional board requires a responsible party to conduct corrective action pursuant to this section, it shall inform the responsible party of its right to request the designation of an administering agency to oversee the site investigation and remedial action at its site pursuant to Section 25262 and, if requested to do so by the responsible party, the local agency shall provide assistance to the responsible party in preparing and processing a request for that designation. (d) (1) This subdivision applies only to an unauthorized release from a petroleum underground storage tank that is subject to Chapter 6.75 (commencing with Section 25299.10). (2) Notwithstanding Section 25297.1, the board shall implement a procedure that does not assess an owner, operator, or responsible party taking corrective action pursuant to this chapter for the costs of a local oversight program pursuant to paragraph (4) of subdivision (d) of Section 25297.1. The board shall institute an internal procedure for assessing, reviewing, and paying those costs directly between the board and the local agency. (e) A person to whom an order is issued pursuant to subdivision (c), shall have the same rights of administrative and judicial appeal and review as are provided by law for cleanup and abatement orders issued pursuant to Section 13304 of the Water Code. (f) (1) If a person to whom an order is issued pursuant to subdivision (c) does not comply with the order, the board, a regional board, or the local agency may undertake or contract for corrective action. (2) The board, a regional board, or local agency shall be permitted reasonable access to property owned or possessed by an owner, operator, or responsible party as necessary to perform corrective action pursuant to this subdivision. The access shall be obtained with the consent of the owner or possessor of the property or, if the consent is withheld, with a warrant duly issued pursuant to the procedure described in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, if there is an emergency affecting public health or safety, or the environment, the board, a regional board, or local agency may enter the property without consent or the issuance of a warrant. (3) The board, a regional board, or local agency may recover its costs incurred under this subdivision pursuant to Section 13304 of the Water Code. If the unauthorized release is from an underground storage tank that is subject to Chapter 6.75 (commencing with Section 25299.10), the board, a regional board, or local agency may also recover its costs pursuant to Section 25299.70. (g) The following uniform closure letter shall be issued to the owner, operator, or other responsible party taking corrective action at an underground storage tank site by the local agency or the regional board with jurisdiction over the site, or the board, upon a finding that the underground storage tank site is in compliance with the requirements of subdivisions (a) and (b) and with any corrective action regulations adopted pursuant to Section 25299.3 and that no further corrective action is required at the site: “[Case File Number] Dear [Responsible Party] This letter confirms the completion of a site investigation and corrective action for the underground storage tank(s) formerly located at the above-described location. Thank you for your cooperation throughout this investigation. Your willingness and promptness in responding to our inquiries concerning the former underground storage tank(s) are greatly appreciated. Based on information in the above-referenced file and with the provision that the information provided to this agency was accurate and representative of site conditions, this agency finds that the site investigation and corrective action carried out at your underground storage tank(s) site is in compliance with the requirements of subdivisions (a) and (b) of Section 25296.10 of the Health and Safety Code and with corrective action regulations adopted pursuant to Section 25299.3 of the Health and Safety Code and that no further action related to the petroleum release(s) at the site is required. This notice is issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code. Please contact our office if you have any questions regarding this matter. Sincerely, [Name of Board Executive Director, Regional Board Executive Officer, or Local Agency Director]” (h) Any order, directive, notification, or approval issued under Section 25299.37 as that section read on January 1, 2002, that was issued on or before January 1, 2003, shall be deemed to have been issued pursuant to this section. (i) On or after January 1, 2012, uniform closure letters issued pursuant to subdivision (g) shall include language notifying the owner, operator, or other responsible party of the 365-day claim filing deadline specified in paragraph (1) of subdivision (l) of Section 25299.57. (Amended by Stats. 2011, Ch. 571, Sec. 2. (AB 358) Effective October 8, 2011.)
  21. 25296.15.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    A closure letter cannot be issued unless the site’s soil or groundwater has been tested for MTBE, the results are known to the regional board, and the board, regional board, or local agency makes the specified finding.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25296.15. (a) No closure letter shall be issued pursuant to this chapter unless all of the following conditions are met: (1) The soil or groundwater, or both, where applicable, at the site have been tested for MTBE. (2) The results of that testing are known to the regional board. (3) The board, the regional board, or the local agency makes the finding specified in subdivision (g) of Section 25296.10. (b) Paragraphs (1) and (2) of subdivision (a) do not apply to a closure letter for a tank case for which the board, a regional board, or local agency determines that the tank has only contained diesel or jet fuel. (Added by renumbering Section 25299.37.1 by Stats. 2002, Ch. 999, Sec. 35. Effective January 1, 2003.)
  22. 25296.20.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Before the local agency, board, or regional board acts on certain cleanup or site-closure decisions for an underground storage tank release site, it must notify all current fee-title owners, and it must also accommodate and consider participation by responsible landowners.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25296.20. (a) The local agency, the board, or a regional board shall not consider corrective action or site closure proposals from the primary or active responsible party, issue a closure letter, or make a determination that no further corrective action is required with respect to a site upon which there was an unauthorized release from an underground storage tank unless all current record owners of fee title to the site of the proposed action have been notified of the proposed action by the local agency, board, or regional board. (b) The local agency, board, or regional board shall take all reasonable steps necessary to accommodate responsible landowner participation in the cleanup or site closure process and shall consider all input and recommendations from any responsible landowner wishing to participate. (Added by Stats. 2002, Ch. 999, Sec. 24. Effective January 1, 2003.)
  23. 25296.25.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The board may pause certain corrective action or investigation work at a site only under listed conditions, and it must not pause specified activities or do so before the required regulations take effect.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25296.25. (a) (1) Unless the board, in consultation with local agencies and the regional board, determines that a site is an emergency site, the board, at the request of a responsible party who is eligible for reimbursement of corrective action costs under Chapter 6.75 (commencing with Section 25299.10), may suspend additional corrective action or investigation work at a site, based on a preliminary site assessment conducted in accordance with the corrective action regulations adopted by the board, but the board shall not suspend any of the following activities pursuant to this section: (A) Removal of, or approved modifications of, existing tanks. (B) Excavation of petroleum saturated soil or removal of excess petroleum from saturated soil. (C) Removal of free product from the saturated and unsaturated zones. (D) Periodic monitoring to ensure that released petroleum is not migrating in an uncontrolled manner that will cause the site to become an emergency site. (2) For purposes of this subdivision, “emergency site” means a site that, because of an unauthorized release of petroleum, meets one of the following conditions: (A) The site presents an imminent threat to public health or safety or the environment. (B) The site poses a substantial probability of causing a condition of contamination or nuisance, as defined in Section 13050 of the Water Code, or of causing pollution of a source of drinking water at a level that is a violation of a primary or secondary drinking water standard adopted by the State Department of Health Services pursuant to Chapter 4 (commencing with Section 116270) of Part 12 of Division 104. (b) The suspension shall continue until one of the following occurs: (1) The board provides the eligible responsible party with a letter of commitment pursuant to Chapter 6.75 (commencing with Section 25299.10) that the party will receive reimbursement for the corrective action. (2) The responsible party requests in writing that the suspension be terminated and that the work continue. (3) The fund established pursuant to Article 6 (commencing with Section 25299.50) of Chapter 6.75 is no longer in existence. (c) The board shall adopt regulations pursuant to Section 25299.3 that specify the conditions under which a site is an imminent threat to public health or safety or to the environment or poses a substantial probability of causing a condition of contamination, nuisance, or pollution as specified in paragraph (2) of subdivision (a). The board shall not suspend corrective action or investigation work at any site pursuant to this section until the effective date of the regulations adopted by the board pursuant to this subdivision. (Added by Stats. 2002, Ch. 999, Sec. 25. Effective January 1, 2003.)
  24. 25296.30.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The board must develop MTBE groundwater investigation and cleanup guidelines, including procedures for tracing contamination sources, and must develop cleanup standards for MTBE contamination.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25296.30. (a) The board, in consultation with the State Department of Health Services, shall develop guidelines for the investigation and cleanup of methyl tertiary-butyl ether (MTBE) and other ether-based oxygenates in groundwater. The guidelines shall include procedures for determining, to the extent practicable, whether the contamination associated with an unauthorized release of MTBE is from the tank system prior to the system’s most recent upgrade or replacement or if the contamination is from an unauthorized release from the current tank system. (b) The board, in consultation with the State Department of Health Services, shall develop appropriate cleanup standards for contamination associated with a release of methyl tertiary-butyl ether. (Added by Stats. 2002, Ch. 999, Sec. 26. Effective January 1, 2003.)
  25. 25296.35.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The board must maintain a data system for petroleum-discharge cases, make it available to agencies and the public, include certain reports, and mark sites as having no residual contamination when the board determines that condition exists.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25296.35. (a) The board shall develop, implement, and maintain a system for storing and retrieving data from cases involving discharges of petroleum from underground storage tanks to allow regulatory agencies and the general public to use historic data in making decisions regarding permitting, land use, and other matters. The system shall be accessible to government agencies and the general public and shall include the reports submitted to the board by regional boards or local agencies pursuant to Section 25295. A site included in the data system shall be clearly designated as having no residual contamination if, at the time a closure letter is issued for the site pursuant to Section 25296.10 or at any time after that closure letter is issued, the board determines that no residual contamination remains on the site. (b) For purposes of this section, “residual contamination” means the petroleum that remains on a site after a corrective action has been carried out and the cleanup levels established by the corrective action plan for the site, pursuant to subdivision (g) of Section 2725 of Title 23 of the California Code of Regulations, have been achieved. (Amended by Stats. 2011, Ch. 571, Sec. 3. (AB 358) Effective October 8, 2011. Operative October 8, 2011, pursuant to Stats. 2011, Ch. 571, Sec. 9.)
  26. 25296.40.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Certain tank-case owners, operators, or responsible parties may ask the board to review a case, and the board may close or require closure if corrective action complies with specified requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25296.40. (a) (1) Any owner or operator, or other responsible party who has an underground storage tank case and who believes that the corrective action plan for the site has been satisfactorily implemented, but where closure has not been granted, may petition the board for a review of the case. (2) Upon receipt of a petition pursuant to paragraph (1), the board may close any underground storage tank case or require closure of any underground storage tank case where an unauthorized release has occurred, if the board determines that corrective action at the site is in compliance with all of the requirements of subdivisions (a) and (b) of Section 25296.10 and the corrective action regulations adopted pursuant to Section 25299.3. Before closing or requiring closure of an underground storage tank case, the board shall provide an opportunity for reviewing and providing responses to the petition to the applicable regional board and local agency, and to the water replenishment district, municipal water district, county water district, or special act district with groundwater management authority if the underground storage tank case is located in the jurisdiction of that district. (b) An aggrieved person may, not later than 30 days from the date of final action by the board, pursuant to subdivision (a), file with the superior court a petition for writ of mandate for review of the decision. If the aggrieved person does not file a petition for writ of mandate within the time provided by this subdivision, a board decision shall not be subject to review by any court. Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed pursuant to this subdivision. For purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall uphold the decision if the decision is based upon substantial evidence in light of the whole record. (c) The authority provided under this section does not limit a person’s ability to petition the board for review under any other state law. (Amended by Stats. 2011, Ch. 571, Sec. 4. (AB 358) Effective October 8, 2011. Operative October 8, 2011, pursuant to Stats. 2011, Ch. 571, Sec. 9.)
  27. 25297.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    A local agency may ask certain agencies to use their authority to clean up and remove hazardous substances released from an underground storage tank.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25297. The local agency may request the following agencies to utilize that agency’s authority to remedy the effects of, and remove, any hazardous substance which has been released from an underground storage tank: (a) The department which may take action pursuant to Part 2 (commencing with Section 78000) of Division 45 and, for this purpose, any unauthorized release shall be deemed a release as defined in subdivision (a) of Section 78105. (b) A regional water quality control board may take action pursuant to Division 7 (commencing with Section 13000) of the Water Code and, for this purpose, the discharged hazardous substance shall be deemed a waste as defined in subdivision (d) of Section 13050. (Amended by Stats. 2022, Ch. 258, Sec. 73. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  28. 25297.01.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The board must create and run a local oversight program for certain hazardous-substance releases from underground storage tanks, work with the department, and follow certification and review rules for cities and counties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25297.01. (a) In addition to the authority granted to the board pursuant to Division 7 (commencing with Section 13000) of the Water Code and to the department pursuant to Part 2 (commencing with Section 78000) of Division 45, the board, in cooperation with the department, shall develop and implement a local oversight program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks by a local agency certified pursuant to this section. (b) On and after July 1, 2013, only a city or county certified pursuant to subdivision (c) may implement a local oversight program. The board may enter into an agreement pursuant to Section 25297.1 with a certified city or county to implement the oversight program. (c) The board may certify a city or county if the board determines that the city or county is qualified to oversee or perform the abatement of unauthorized releases of hazardous substances from underground storage tanks. The board shall consider, as criteria for determining whether a city or county is qualified, at a minimum, all of the following factors: (1) Adequacy of the technical expertise possessed by the city or county. (2) Adequacy of staff resources. (3) Adequacy of budget resources and funding mechanisms. (4) Training requirements. (5) Past performance in implementing and enforcing corrective action requirements. (6) Recordkeeping and accounting systems. (d) The board shall adopt procedures and criteria for certifying and withdrawing certification from cities and counties pursuant to this section. The adoption of these procedures and criteria shall not be considered as regulations subject to, and shall be exempt from, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) If the board does not, by July 1, 2013, certify a city or county that has been implementing a local oversight program pursuant to an agreement entered into with the board on or before January 1, 2013, the board shall assign the cases from that city or county to the appropriate regional board or to a city or county that is certified by the board. An order or directive issued by that uncertified city or county on or before July 1, 2013, shall remain in effect and may be enforced by the regional board or certified city or county that receives the case. (f) The board shall review, at least once every three years, the ability of the certified city or county to carry out the local oversight program. When conducting this review, the board shall consider the certification criteria contained in paragraphs (1) to (6), inclusive, of subdivision (c) and the criteria adopted pursuant to subdivision (d). The board may, after conducting the review, withdraw the certification of the city or county. Upon making this withdrawal, the cases of the former certified city or county shall be transferred from the city or county and the orders and directives issued by the former certified city or county shall remain effective and enforceable in accordance with subdivision (e). The board shall not make the effective date for the withdrawal of a certification before the expiration date of the local oversight program agreement entered into between the board and the certified city or county pursuant to Section 25297.1, unless the certified city or county fails to comply with the agreement. (Amended by Stats. 2022, Ch. 258, Sec. 74. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  29. 25297.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The board may work with local agencies on underground-storage-tank cleanup oversight, but only with agencies that meet the section’s conditions. It must adopt procedures, fund certain local agency costs, and notify responsible parties about cost liability limits.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25297.1. (a) (1) For purposes of implementing, pursuant to Section 25297.01, the local oversight program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks, the board may enter into in an agreement specified in subdivision (b) with the local agency. (2) A city or county that the board selected pursuant to this section, as it read on January 1, 2012, which entered into an agreement with the board before July 1, 2013, may apply to the board for certification pursuant to Section 25297.01. The city or county may continue to implement the oversight program until July 1, 2013, and after that date the city or county shall either be certified or be subject to subdivision (e) of Section 25297.01. (3) On and after June 30, 2013, the board may enter into an agreement pursuant to this section only with a city or county certified pursuant to Section 25297.01. (b) In implementing the local oversight program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks, the board may select a local agency to enter into an agreement with the board. When selecting a local agency, the board shall, from among those local agencies that apply to the board, give first priority to those local agencies that have demonstrated prior experience in cleanup, abatement, or other actions necessary to remedy the effects of unauthorized releases of hazardous substances from underground storage tanks. The board shall enter into an agreement with only those local agencies that have implemented this chapter and that, except as provided in Section 25404.5, have begun to collect and transmit to the board the surcharge or fees pursuant to subdivision (b) of Section 25287. The agreement shall provide for the local agency to perform, or cause to be performed, any cleanup, abatement, or other action necessary to remedy the effects of a release of hazardous substances from an underground storage tank with respect to which the local agency has enforcement authority pursuant to this section. The board may not enter into an agreement with a local agency for soil contamination cleanup or for groundwater contamination cleanup unless the board determines that the local agency has a demonstrated capability to oversee or perform the cleanup. The implementation of the cleanup, abatement, or other action shall be consistent with procedures adopted by the board pursuant to subdivision (d) and shall be based upon cleanup standards specified by the board or regional board. (c) The board shall provide funding to a local agency that enters into an agreement pursuant to subdivision (b) for the reasonable costs incurred by the local agency in overseeing any cleanup, abatement, or other action taken by a responsible party to remedy the effects of unauthorized releases from underground storage tanks. (d) The board shall adopt administrative and technical procedures, as part of the state policy for water quality control adopted pursuant to Section 13140 of the Water Code, for cleanup and abatement actions taken by a local agency with which the board has entered into an agreement pursuant to this section. The procedures shall include, but not be limited to, all of the following: (1) Guidelines as to which sites may be assigned to the local agency. (2) The content of the agreements. (3) Procedures by which a responsible party may petition the board or a regional board for review, pursuant to Article 2 (commencing with Section 13320) of Chapter 5 of Division 7 of the Water Code, or pursuant to Chapter 9.2 (commencing with Section 2250) of Division 3 of Title 23 of the California Code of Regulations, or any successor regulation, as applicable, of actions or decisions of the local agency in implementing the cleanup, abatement, or other action. (4) Protocols for assessing and recovering money from responsible parties for any reasonable and necessary costs incurred by the local agency in implementing this section, as specified in subdivision (i), unless the cleanup or abatement action is subject to subdivision (d) of Section 25296.10. (5) Quantifiable measures to evaluate the outcome of a pilot program established pursuant to this section. (e) Any agreement between the regional board and a local agency to carry out a local oversight program pursuant to this section shall require both of the following: (1) The local agency shall establish and maintain accurate accounting records of all costs it incurs pursuant to this section and shall periodically make these records available to the board. The Controller may annually audit these records to verify the hourly oversight costs charged by a local agency. The board shall reimburse the Controller for the cost of the audits of a local agency’s records conducted pursuant to this section. (2) The board and the department shall make reasonable efforts to recover costs incurred pursuant to this section from responsible parties, and may pursue any available legal remedy for this purpose. (f) The board shall develop a system for maintaining a database for tracking expenditures of funds pursuant to this section, and shall make this data available to the Legislature upon request. (g) (1) Sections 78780 and 79055 do not apply to expenditures from the Toxic Substances Control Account for oversight of abatement of releases from underground storage tanks as part of the local oversight program conducted pursuant to an agreement entered into pursuant to this section. (2) A local agency that enters into an agreement pursuant to subdivision (b) shall notify the responsible party, for any site subject to a cleanup, abatement, or other action taken pursuant to the local oversight program established pursuant to this section, that the responsible party is liable for not more than 150 percent of the total amount of site-specific oversight costs actually incurred by the local agency. (h) Any aggrieved person may petition the board or regional board for review of the action or failure to act of a local agency that enters into an agreement pursuant to subdivision (b), at a site subject to cleanup, abatement, or other action conducted as part of the local oversight program established pursuant to this section, in accordance with the procedures adopted by the board or regional board pursuant to subdivision (d). (i) (1) For purposes of this section, site-specific oversight costs include only the costs of the following activities, when carried out by the staff of a local agency or the local agency’s authorized representative, that are either technical program staff or their immediate supervisors: (A) Responsible party identification and notification. (B) Site visits. (C) Sampling activities. (D) Meetings with responsible parties or responsible party consultants. (E) Meetings with the regional board or with other affected agencies regarding a specific site. (F) Review of reports, workplans, preliminary assessments, remedial action plans, or postremedial monitoring. (G) Development of enforcement actions against a responsible party. (H) Issuance of a closure document. (2) The responsible party is liable for the site-specific oversight costs, calculated pursuant to paragraphs (3) and (4), incurred by a local agency, in overseeing any cleanup, abatement, or other action taken pursuant to an agreement entered into pursuant to this section to remedy an unauthorized release from an underground storage tank. (3) Notwithstanding the requirements of any other law, the amount of liability of a responsible party for the oversight costs incurred by the local agency and by the board and regional boards in overseeing any action pursuant to an agreement entered into pursuant to this section shall be calculated as an amount not more than 150 percent of the total amount of the site-specific oversight costs actually incurred by the local agency and shall not include the direct or indirect costs incurred by the board or regional boards. (4) (A) The total amount of oversight costs for which a local agency may be reimbursed shall not exceed one hundred fifteen dollars ($115) per hour, multiplied by the total number of site-specific hours performed by the local agency. (B) The total amount of the costs per site for administration and technical assistance to local agencies by the board and the regional board entering into agreements pursuant to subdivision (b) shall not exceed a combined total of thirty-five dollars ($35) for each hour of site-specific oversight. The board shall base its costs on the total hours of site-specific oversight work performed by all participating local agencies. The regional board shall base its costs on the total number of hours of site-specific oversight costs attributable to the local agency that received regional board assistance. (C) The amounts specified in subparagraphs (A) and (B) are base rates for the 1990–91 fiscal year. Commencing July 1, 1991, and for each fiscal year thereafter, the board shall adjust the base rates annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the implicit price deflator for state and local government purchases of goods and services, as published by the United States Department of Commerce or by a successor agency of the federal government. (5) In recovering costs from responsible parties for costs incurred under this section, the local agency shall prorate any costs identifiable as startup costs over the expected number of cases that the local agency will oversee during a 10-year period. A responsible party who has been assessed startup costs for the cleanup of any unauthorized release that, as of January 1, 1991, is the subject of oversight by a local agency, shall receive an adjustment by the local agency in the form of a credit, for the purposes of cost recovery. Startup costs include all of the following expenses: (A) Small tools, safety clothing, cameras, sampling equipment, and other similar articles necessary to investigate or document pollution. (B) Office furniture. (C) Staff assistance needed to develop computer tracking of financial and site-specific records. (D) Training and setup costs for the first six months of the local agency program. (6) This subdivision does not apply to costs that are required to be recovered pursuant to Article 5 (commencing with Section 78280) of Chapter 2 of Part 2 of Division 45. (j) The inoperation of former paragraph (1) of this subdivision does not affect the validity of any action taken by the Santa Clara Valley Water District before June 30, 2005, and does not provide a defense for an owner, operator, or other responsible party who fails to comply with that action. (k) Notwithstanding subdivisions (a) and (b), any agreement entered into before January 1, 2013, between a regional board and a water district to oversee, coordinate, or implement a cooperative oversight program will remain in effect in accordance with the terms of that agreement or the terms of that agreement as may be amended from time to time. (Amended by Stats. 2022, Ch. 258, Sec. 75. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  30. 25297.15.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The local agency cannot act on cleanup or site-closure proposals for certain underground tank releases unless all current fee-title owners were notified, and the responsible party must give written certification and a mailing list.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25297.15. (a) (1) The local agency shall not consider cleanup or site closure proposals from the primary or active responsible party, issue a closure letter, or make a determination that no further action is required with respect to a site upon which there was an unauthorized release of hazardous substances from an underground storage tank subject to this chapter unless all current record owners of fee title to the site of the proposed action have been notified of the proposed action by the primary or active responsible party. (2) Notwithstanding subdivision (g) of Section 25297.1, the local agency shall also notify the primary or active responsible party of their responsibility under this subdivision. (3) The primary or active responsible party shall certify to the local agency in writing that the notification requirement in this subdivision has been met and provide a complete mailing list of all record fee title owners to the local agency. (b) The local agency shall take all reasonable steps necessary to accommodate responsible landowner participation in the cleanup or site closure process and shall consider all input and recommendations from any responsible landowner wishing to participate. (Added by Stats. 1998, Ch. 255, Sec. 1. Effective January 1, 1999.)
  31. 25297.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    A local agency is immune from liability for cleanup or other remedial action it performs, or causes to be performed, for a hazardous substance release from an underground storage tank.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25297.2. Any local agency which performs, or causes to be performed, any cleanup, abatement, or other action necessary to remedy the effects of a release of hazardous substances from an underground storage tank is immune from liability for this action to the same extent as the board or regional board is immune if the board or regional board had performed the cleanup, abatement, or other action. (Added by Stats. 1988, Ch. 1431, Sec. 2. Effective September 27, 1988.)
  32. 25297.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    This section creates a fund and lets the board and Controller spend or transfer money from it for specified cleanup-related purposes.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25297.3. (a) The Leaking Underground Storage Tank Cost Recovery Fund is hereby created in the General Fund and the money in the fund may be expended, upon appropriation by the Legislature, for the purposes specified in subdivisions (c), (d), and (e). (b) All of the following amounts shall be deposited in the Leaking Underground Storage Tank Cost Recovery Fund: (1) All money recovered pursuant to the federal act for purposes of this chapter. (2) Notwithstanding Section 16475 of the Government Code, all interest earned upon any money deposited in the Leaking Underground Storage Tank Cost Recovery Fund. (3) Upon receipt of a written request from the board, the Controller shall transfer to the Leaking Underground Storage Tank Cost Recovery Fund the cash balance of the account in the Special Deposit Fund, as specified in Section 16370 of the Government Code, in which is deposited all money recovered pursuant to the federal act. (c) The board may expend the money in the Leaking Underground Storage Tank Cost Recovery Fund for the purpose of taking any of the following actions with respect to underground storage tanks containing petroleum, as defined in the federal act: (1) Enforcement activities. (2) Corrective action and oversight. (3) Cost recovery. (4) Relocation of residents and provision of water supplies. (5) Exposure assessments. (d) The board may expend the money in the Leaking Underground Storage Tank Cost Recovery Fund for administrative expenses related to carrying out the activities specified in subdivision (c). (e) The Controller may expend money in the Leaking Underground Storage Tank Cost Recovery Fund, upon appropriation by the Legislature, for the costs that are incurred on behalf of the Controller for corrective action, as defined in Section 25299.14, at the site located at 622 East Lindsay in the City of Stockton. (f) After the corrective action at the site specified in subdivision (e) is complete, in accordance with a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10, all unencumbered funds in the Leaking Underground Storage Tank Fund, and all net proceeds from the sale or other disposition of the site made on behalf of the Controller, shall be transferred to the Underground Storage Tank Cleanup Fund. (Amended by Stats. 2007, Ch. 179, Sec. 26. Effective August 24, 2007.)
  33. 25298.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    This section restricts abandoning, closing, or temporarily stopping use of an underground tank system, and it sets conditions that must be met before a tank system may be closed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25298. (a) No person shall abandon an underground tank system or close or temporarily cease operating an underground tank system, except as provided in this section. (b) An underground tank system that is temporarily taken out of service, but which the owner or operator intends to return to use, shall continue to be subject to all the permit, inspection, and monitoring requirements of this chapter and all applicable regulations adopted by the board pursuant to Section 25299.3, unless the owner or operator complies with subdivision (c) for the period of time the underground tank system is not in use. (c) No person shall close an underground tank system unless the person undertakes all of the following actions: (1) Demonstrates to the local agency that all residual amounts of the hazardous substance or hazardous substances which were stored in the tank system prior to its closure have been removed, properly disposed of, and neutralized. (2) Adequately seals the tank system to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the tank system. (3) Provides for, and carries out, the maintenance of the tank system as the local agency determines is necessary for the period of time the local agency requires. (4) Demonstrates to the appropriate agency, which has jurisdiction over the site, that the site has been investigated to determine if there are any present, or were past, releases, and if so, that appropriate corrective or remedial actions have been taken. (Amended by Stats. 2003, Ch. 42, Sec. 13. Effective July 7, 2003.)
  34. 25298.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    If material must be analyzed to show compliance with this chapter or Chapter 6.75, the analysis must be done by a laboratory accredited by the department.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25298.5. The analysis of any material that is required to demonstrate compliance with this chapter or Chapter 6.75 (commencing with Section 25299.10) shall be performed by a laboratory accredited by the department pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. (Amended by Stats. 1997, Ch. 814, Sec. 6. Effective January 1, 1998.)
  35. 25299.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Operators and owners of underground tank systems can face civil penalties for permit, recordkeeping, reporting, inspection, closure, and related violations; certain conduct can also lead to criminal fines and jail time.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299. (a) An operator of an underground tank system is liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) for each underground storage tank, for each day of violation, for any of the following violations: (1) Operating an underground tank system that has not been issued a permit, in violation of this chapter. (2) Violation of an applicable requirement of the permit issued for the operation of the underground tank system. (3) Failure to maintain records, as required by this chapter. (4) Failure to report an unauthorized release, as required by Sections 25294 and 25295. (5) Failure to properly close an underground tank system, as required by Section 25298. (6) Violation of an applicable requirement of this chapter or a regulation adopted by the board pursuant to Section 25299.3. (7) Failure to permit inspection or to perform a monitoring, testing, or reporting required pursuant to Section 25288 or 25289. (8) Making a false statement, representation, or certification in an application, record, report, or other document submitted or required to be maintained pursuant to this chapter. (9) Tampering with or otherwise disabling automatic leak detection devices or alarms. (b) An owner of an underground tank system is liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for each underground storage tank, for each day of violation, for any of the following violations: (1) Failure to obtain a permit as specified by this chapter. (2) Failure to repair or upgrade an underground tank system in accordance with this chapter. (3) Abandonment or improper closure of an underground tank system subject to this chapter. (4) Violation of an applicable requirement of the permit issued for operation of the underground tank system. (5) Violation of an applicable requirement of this chapter or a regulation adopted by the board pursuant to Section 25299.3. (6) Failure to permit inspection or to perform a monitoring, testing, or reporting required pursuant to Section 25288 or 25289. (7) Making a false statement, representation, or certification in an application, record, report, or other document submitted or required to be maintained pursuant to this chapter. (c) A person who intentionally fails to notify the board, the regional board, or the local agency when required to do so by this chapter or who submits false information in a permit application, amendment, or renewal, pursuant to Section 25286, is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for which notification is not given or false information is submitted. (d) (1) A person who violates a corrective action requirement established by, or issued pursuant to, Section 25296.10 is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for each day of violation. (2) A civil penalty under this subdivision may be imposed in a civil action under this chapter, or may be administratively imposed by the board or a regional board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code. (e) A person who violates Section 25292.3 is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for each day of violation. (f) (1) A person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment. (2) A person who intentionally disables or tampers with an automatic leak detection system in a manner that would prevent the automatic leak detection system from detecting a leak or alerting the owner or operator of the leak, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. (g) In determining both the civil and criminal penalties imposed pursuant to this section, the board, a regional board, or the court, as the case may be, shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit. (h) (1) A civil penalty or criminal fine imposed pursuant to this section for a separate violation shall be separate from, and in addition to, any other civil penalty or criminal fine imposed pursuant to this section or any other provision of law, except that no civil penalty shall be recovered under subdivision (d) for violations for which a civil penalty is recovered pursuant to Section 13268 or 13350 of the Water Code. The penalty or fine shall be paid to the unified program agency, the participating agency, or the state, whichever is represented by the office of the city attorney, county counsel, district attorney, or the Attorney General bringing the action. (2) Any penalties or fines paid to a unified program agency or a participating agency pursuant to paragraph (1) shall be deposited into a special account and shall be expended only to fund the activities of the unified program agency or participating agency in enforcing the unified program, as specified in subdivision (c) of Section 25404, within the jurisdiction of that agency pursuant to the unified program specified in Chapter 6.11 (commencing with Section 25404). (3) All penalties or fines collected by the board or a regional board pursuant to this section or Section 25299.05 or collected on behalf of the board or a regional board by the Attorney General for these purposes shall be deposited in the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund, and are available for expenditure by the board, upon appropriation, pursuant to Section 13441 of the Water Code. (i) Paragraph (9) of subdivision (a) does not prohibit the owner or operator of an underground storage tank, or the owner’s or operator’s designee, from maintaining, repairing, or replacing automatic leak detection devices or alarms associated with that tank. (Amended by Stats. 2023, Ch. 154, Sec. 7. (SB 642) Effective January 1, 2024.)
  36. 25299.01.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Specified public officials may seek court orders to stop or compel compliance for violations of this chapter, and a county counsel or district attorney who files such an action must notify the local counterpart within 7 days.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.01. (a) If a person has engaged in, is engaged in, or is about to engage in any acts or practices that violate this chapter, or Chapter 6.75 (commencing with Section 25299.10) or any rule, regulation, permit, standard, requirement, or order issued, adopted, or executed pursuant to this chapter or Chapter 6.75 (commencing with Section 25299.10), the city attorney of the city in which the acts or practices occur, occurred, or will occur, the county counsel or the district attorney of the county in which the acts or practices occur, occurred, or will occur, or the Attorney General may apply to the superior court for any order enjoining these acts or practices, or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order. (b) If a county counsel or the district attorney brings an action pursuant to subdivision (a), the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the acts or practices occur, occurred, or will occur. (Amended by Stats. 2023, Ch. 154, Sec. 8. (SB 642) Effective January 1, 2024.)
  37. 25299.02.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Civil actions under this chapter must be brought by the city attorney, county counsel, district attorney, or Attorney General. Related actions over the same violations may be joined or consolidated.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.02. Every civil action brought under this chapter shall be brought by the city attorney, the county counsel, the district attorney, or the Attorney General in the name of the people of the State of California, and any actions relating to the same violations may be joined or consolidated. (Amended by Stats. 2023, Ch. 154, Sec. 9. (SB 642) Effective January 1, 2024.)
  38. 25299.03.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Civil actions under this chapter must be filed in one of three specified counties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.03. Any civil action brought pursuant to this chapter shall be brought in the county in which the violation occurred, the county in which the principal office of the defendant is located, or the county in which the Attorney General has an office nearest to the county in which the principal office of the defendants, or any of them, in this state is located. (Added by Stats. 1986, Ch. 1390, Sec. 12. Effective September 30, 1986.)
  39. 25299.04.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    In covered civil actions seeking certain injunctions, the plaintiff does not need to allege or prove irreparable harm or that legal remedies are inadequate.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.04. In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any state of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued or that the remedy at law is inadequate. The temporary restraining order, preliminary injunction, or permanent injunction shall be issued without these allegations and without this proof. (Added by Stats. 1986, Ch. 1390, Sec. 13. Effective September 30, 1986.)
  40. 25299.05.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The board may administratively impose civil liability for certain Section 25299 violations, and the executive director must consult the appropriate local agency or agencies before issuing a complaint.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.05. Notwithstanding Sections 25299.02 and 25299.03, the board may impose civil liability administratively for a violation described in subdivision (a), (b), (c), (e), or (f) of Section 25299 pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code. The executive director of the board shall consult with the appropriate local agency or agencies before issuing a complaint pursuant to Section 13323. (Added by Stats. 2017, Ch. 524, Sec. 2. (AB 355) Effective January 1, 2018.)
  41. 25299.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Certain cities and counties must implement this chapter by January 1, 1991, and until then must file forms and reports, send a surcharge to the board, and issue permits meeting listed requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.1. (a) Any city or county which prior to January 1, 1984, adopted an ordinance which, at a minimum, met the requirements set forth in Sections 25284 and 25284.1, as they read on January 1, 1984, prior to being amended and renumbered, providing for double containment, and monitoring of underground storage tanks which was exempt from this chapter as of December 31, 1989, is not exempt from implementing this chapter and shall implement this chapter on or before January 1, 1991. (b) Until a city or county specified in subdivision (a) implements this chapter, the city or the county shall, at a minimum, do all of the following: (1) Submit to the board the application form and annual information specified by Section 25286 and submit a written report of any unauthorized release from an underground storage tank to the Office of Emergency Services within 10 working days from the time the local agency is notified of the unauthorized release. (2) Collect and transmit to the board the surcharge specified in subdivision (b) of Section 25287. (3) Issue permits for the operation of an underground storage tank, which, at a minimum, ensure compliance with any applicable requirement of the federal act and any applicable regulation adopted by the board pursuant to Section 25299.3 which the board determines is necessary to ensure consistency with the federal act. (c) A permit issued on or after January 1, 1991, by a city or county specified in subdivision (a) shall require compliance with all applicable requirements of this chapter and with the regulations adopted by the board pursuant to Section 25299.3. (d) This chapter does not limit or abridge the authority of any city or county to adopt an ordinance requiring information, conducting investigations, inspections, or implementing and enforcing this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 351. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  42. 25299.10.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 1. Findings and Declarations [25299.10- 25299.10.] ( Article 1 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section names the chapter the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 and states legislative findings about cleanup funding, insurance, and state implementation of underground storage tank regulation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 1. Findings and Declarations [25299.10- 25299.10.] ( Article 1 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.10. (a) This chapter shall be known, and may be cited, as the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989. (b) The Legislature hereby finds and declares all of the following: (1) In order to help ensure an efficient petroleum underground storage tank cleanup program that adequately protects public health and safety and the environment and provides for the rapid distribution of cleanup funds that will assist the state’s recovery, it is in the best interest of the public that the board devote maximum effort to the expedited processing and payment of all claims filed pursuant to Sections 25299.57 and 25299.58. (2) It is estimated that approximately 90 percent of the underground storage tanks in the state contain petroleum and the remaining 10 percent of the tanks contain various chemical constituents. (3) Although the exact extent of the problem is unknown, it is thought that a significant number of the underground storage tanks containing petroleum in the state may be leaking. (4) In recent years, owners or operators of underground storage tanks have been unable to obtain affordable environmental impairment liability insurance coverage to pay for corrective action or the obtainable coverage has been outside their financial means. (5) There are long-term threats to public health and water quality if a comprehensive, uniform, and efficient corrective action program is not established. (6) It is in the best interest of the health and safety of the people of the state to establish a fund to pay for corrective action where coverage is not available. (7) A uniform, comprehensive, and efficient program establishing financial responsibility and corrective action requirements for leaking underground storage tanks containing petroleum will enable private commercial insurers to expand the availability and affordability of insurance coverage. (8) An efficient program of establishing corrective action requirements and funds or insurance coverage should encourage corrective action to be taken in the first instance by the owner or operator of the leaking underground storage tank containing petroleum. (9) Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code provides for regulation of underground storage tanks and allows underground storage tanks to be regulated pursuant to a state program, in lieu of a federal program, in states which are authorized to implement these provisions. (10) It is in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to Chapter 6.7 (commencing with Section 25280), to authorize the state to implement the provisions of Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, including any acts amending or supplementing Subchapter IX and any federal regulations and guidelines adopted pursuant to Subchapter IX. (11) It is in the public interest for the state to provide financial assistance to small businesses and farms which have limited financial resources, to ensure timely compliance with the law governing underground storage tanks, and to ensure the adequate protection of groundwater. (12) Nothing in this chapter shall be construed as waiving any immunity provided the state or its departments and agencies by the United States Constitution. (Amended by Stats. 1999, Ch. 328, Sec. 2. Effective January 1, 2000.)
  43. 25299.100.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    This section defines key terms for the underground storage tank loan and grant chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.100. For purposes of this chapter, the following definitions apply: (a) “Board” means the State Water Resources Control Board. (b) “Loan applicant” means a small business that applies to the board for a loan pursuant to this chapter. (c) “Grant applicant” means a small business that applies to the board for a grant pursuant to this chapter. (d) “Tank” means an underground storage tank, as defined in Section 25281, used for the purpose of storing petroleum, as defined in Section 25299.22. “Tank” also includes under-dispenser containment systems, spill containment systems, enhanced monitoring and control systems, and vapor recovery systems and dispensers connected to the underground piping and the underground storage tank. (e) “Project tanks” means tanks that would be upgraded, replaced, or removed with loan or grant funds to comply with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. “Project tanks” also includes tanks that are required to be permanently closed on or before December 31, 2025. (f) Terms defined in Section 25281 and used in this chapter, if not defined in this section, including, but not limited to, “facility,” “local agency,” “owner,“ and “operator,” have the same meanings as specified in Section 25281. (Amended by Stats. 2025, Ch. 14, Sec. 3. (SB 124) Effective June 27, 2025. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  44. 25299.101.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    The board must run a loan program and a grant program to help small businesses upgrade, replace, or remove project tanks so they comply with related tank-safety requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.101. (a) The board shall conduct a loan program pursuant to this chapter, to assist small businesses in upgrading, replacing, or removing project tanks to comply with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (b) The board shall also conduct a grant program, pursuant to this chapter, to assist small businesses to upgrade, remove, or replace project tanks to comply with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (Amended by Stats. 2020, Ch. 296, Sec. 3. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  45. 25299.102.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    The board may make loan funds available only to loan applicants that meet the section’s eligibility requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.102. The board shall make loan funds available only 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 the 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 project tanks. (c) The loan applicant demonstrates the ability to repay the loan, and the availability of adequate collateral to secure the loan. (d) All tanks, except for project tanks, owned or operated by the loan applicant are in compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (e) The project tanks are in compliance, or will be in compliance after the completion of the project, with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (f) The loan applicant is in compliance with the financial responsibility requirements specified in Sections 25292.2 and 25299.31 and with Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as it may be amended or supplemented, and the regulations adopted pursuant to that subchapter. (Amended by Stats. 2020, Ch. 296, Sec. 4. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  46. 25299.103.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    A complete loan application must include specified evidence and documents, and the board may require extra financial or legal documents from individual applicants.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.103. A complete loan application shall include all of the following: (a) Evidence that the applicant is a small business, as described in subdivision (a) of Section 25299.102. (b) Evidence that the applicant owns or operates the project tanks. (c) An environmental audit, environmental site assessment, or other documentation acceptable to the board that assesses environmental compliance and risks at the facility. (d) 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. (e) Evidence that all tanks, except for project tanks, owned or operated by the loan applicant are in compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (f) Evidence that the project tanks are in compliance, or will be in compliance after the completion of the project, with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (g) An explanation of the reasons why the work is necessary in order for the project tanks to be in compliance with, or remain in compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (h) A detailed cost estimate of all of the tasks that are required to complete the project for which the applicant is requesting loan funds, including those tasks that are not eligible for loan funds and all tasks being paid for using other sources of funds. (i) Any other information that the board determines to be necessary to include in an application form. (Amended by Stats. 2020, Ch. 296, Sec. 5. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  47. 25299.104.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    This section sets loan limits, loan terms, fee rules, and permitted uses for board loans to applicants.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 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) (1) Loan funds may be used to finance up to 100 percent of the costs necessary to upgrade, remove, or replace project tanks, to comply with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (2) If the board received the applicant’s loan application on or before June 30, 2025, loan funds may be used to reimburse up to 100 percent of both of the following costs to comply with Section 25292.05: (A) Costs to remove project tanks incurred by the applicant on or after December 31, 2024, but before January 1, 2026. (B) Costs to replace project tanks incurred by the applicant on or after December 31, 2024, but before January 1, 2027. (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. (f) Notwithstanding Section 16304.1 of the Government Code, the board shall encumber the funds appropriated pursuant to Section 25299.109 for purposes of this section within three years of the appropriation and the board may make a disbursement in liquidation of an encumbrance before or during the three years following the last day the appropriation is available for encumbrance. (Amended by Stats. 2025, Ch. 14, Sec. 4. (SB 124) Effective June 27, 2025. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  48. 25299.105.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    The board must make grant funds available to eligible applicants that meet the listed requirements, and the board may waive some requirements in limited cases.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 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 the state. (3) All tanks, except for project tanks, owned or operated by the grant applicant are in compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (4) (A) The facility where the project tanks are located has sold at retail less than 1,500,000 gallons of gasoline annually for each of the two years preceding the submission of the grant application. Except as provided in subparagraph (B), the number of gallons sold shall be based upon taxable sales figures provided to the California Department of Tax and Fee Administration for that facility. (B) The board may rely on other documentation where taxable sales figures provided to the California Department of Tax and Fee Administration are unavailable because the facility was not in operation for any part of the two years or the grant applicant did not own or operate the underground storage tanks at the facility for any part of the two years. (5) Except as provided in subdivision (b), the facility meets either of the following: (A) The project tanks are in compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (B) All of the following requirements are met: (i) The project tanks will be in compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations after the completion of the project. (ii) The grant applicant submitted the grant application no more than 180 days after the applicable regulatory agency notified the grant applicant that the project tanks are not in compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, or any implementing regulation. (iii) The project tanks are not currently red tagged by the local agency pursuant to Section 25292.3. (iv) The facility, at the time of application, is not subject to any enforcement action seeking to impose administrative civil liability, civil liability, or criminal liability pursuant to this chapter, or a regulation adopted pursuant to this chapter, unless the underlying violations that are the subject of that enforcement action have been corrected. (6) Except as provided in subdivision (b), the facility where the project tanks are located is, or was during any part of the two years preceding the submission of the grant application, legally in the business of retailing motor vehicle fuel. (b) The board may grant a waiver from requirements of paragraphs (5) and (6) of subdivision (a) if the board finds all of the following: (1) The grant applicant owns or operates the project tanks. (2) The project tanks will be removed and will not be replaced with new tanks. (3) The grant applicant does not meet the requirements to obtain a loan pursuant to this chapter. (c) Grant funds may only be used to pay the costs necessary to upgrade, remove, or replace project tanks to comply with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (Amended by Stats. 2020, Ch. 296, Sec. 7. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  49. 25299.106.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    A complete grant application must include specified evidence, explanations, and cost estimates.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.106. A complete grant application shall include all of the following information: (a) Evidence that the grant applicant is a small business, as described in subdivision (a) of Section 25299.102. (b) Evidence that the principal office of the grant applicant is domiciled in the state and the officers of the grant applicant are domiciled in the state. (c) Evidence that all tanks, except for project tanks, owned or operated by the grant applicant are in compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (d) Except as provided in subdivision (f), evidence that the project tanks are in compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations, or that the grant applicant meets all of the requirements in subparagraph (B) of paragraph (5) of subdivision (a) of Section 25299.105. (e) Except as provided in subdivision (f), evidence that the facility where the project tanks are located is, or was during any part of the two years preceding the submission of the grant application, legally in the business of retailing motor vehicle fuel. (f) A grant applicant that does not meet the requirements of subdivision (d) or (e), or both, shall instead provide evidence that the grant applicant meets all of the requirements for a waiver pursuant to subdivision (b) of Section 25299.105. (g) An explanation of the actions the grant applicant is required to take to comply with the requirements of Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (h) A detailed cost estimate of all of the actions that are required to complete the project for which the grant applicant is requesting grant funds, including those tasks that are not eligible for grant funds and all tasks being paid for using other sources of funds. (i) Any other information that the board determines to be necessary to include in an application form. (Amended by Stats. 2020, Ch. 296, Sec. 8. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  50. 25299.107.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    This section sets grant amount limits for the board’s underground storage tank program and allows grant funds to cover certain tank upgrade, removal, replacement, and reimbursement costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.107. (a) Except as provided in subdivision (e), 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 seventy thousand dollars ($70,000). (b) Grant funds may be used to finance up to 100 percent of the costs necessary to upgrade, remove, or replace project tanks to comply with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. (c) If the board received the applicant’s grant application on or before June 30, 2025, grant funds may be used to reimburse up to 100 percent of both of the following costs to comply with Section 25292.05: (1) Costs to remove project tanks incurred by the applicant on or after December 31, 2024, but before January 1, 2026. (2) Costs to replace project tanks incurred by the applicant on or after December 31, 2024, but before January 1, 2027. (d) Except as provided in subdivision (e), a person or entity is not eligible to receive more than seventy thousand dollars ($70,000) in grant funds pursuant to this chapter. (e) (1) Notwithstanding subdivisions (a) and (d), if the project tanks are located at a fueling station that is available for public use and there is no other fueling station available for public use within a radius of 15 miles from the fueling station, the board may make a grant in the maximum amount of one hundred forty thousand dollars ($140,000) to assist the grant applicant to remove and replace tanks that are required to be permanently closed pursuant to Section 25292.05. (2) Any grant issued pursuant to paragraph (1) shall not be included in the maximum amount that a person or entity may receive in grant funds pursuant to subdivision (d). (Amended by Stats. 2025, Ch. 14, Sec. 5. (SB 124) Effective June 27, 2025. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  51. 25299.108.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    The board must adopt emergency regulations needed to implement and clarify this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.108. The board shall adopt regulations necessary to implement and make specific this chapter as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Government Code, and for purposes of that chapter, including Section 11349.6, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, the regulations shall be repealed 180 days after their effective date unless the board complies with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 pursuant to subdivision (e) of Section 11346.1 of the Government Code. (Added by Stats. 2004, Ch. 624, Sec. 1. Effective September 21, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  52. 25299.109.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    This section creates a state account, requires the board to use its funds for loans, grants, loan servicing, debt recovery, lender protection, and chapter administration after legislative appropriation, and limits grant funding to no more than 25% of available funds annually.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 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. (Amended by Stats. 2013, Ch. 640, Sec. 9. (SB 763) Effective January 1, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  53. 25299.11.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section says the article’s definitions control how the chapter is interpreted, unless the context indicates otherwise.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.11. Unless the context indicates otherwise, the definitions in this article govern the construction of this chapter. (Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989.)
  54. 25299.11.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “adjudicative proceeding” by referring to Government Code Section 11405.20.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.11.5. “Adjudicative proceeding” has the same meaning as defined in Section 11405.20 of the Government Code. (Added by Stats. 1999, Ch. 328, Sec. 3. Effective January 1, 2000.)
  55. 25299.110.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    The board may impose charges and recover costs to cover administering the loan program.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 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. (Repealed and added by Stats. 2013, Ch. 640, Sec. 11. (SB 763) Effective January 1, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  56. 25299.111.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    If this chapter is repealed, remaining money in the Petroleum Underground Storage Tank Financing Account and money owed to that account must go to the Underground Storage Tank Cleanup Fund in the State Treasury after the authority ends.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 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. (Added by Stats. 2004, Ch. 624, Sec. 1. Effective September 21, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  57. 25299.112.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    A person must provide required grant or loan information to the local agency or board, and false or refused information can lead to civil liability of up to $10,000 per violation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.112. (a) To carry out the purposes of this chapter, an authorized representative of the local agency or board shall have the authority specified in Section 25185, with respect to any place where project tanks are or have been located, and in Section 25185.5, with respect to any real property that is within 2,000 feet of any place where project tanks are or have been located. (b) A person shall furnish, under penalty of perjury, any information on grants or loans issued, or applied for, under this chapter or requested for disbursement of funds pursuant to a grant or loan issued under this chapter that the local agency or board may require. (c) A person who fails or refuses to furnish information pursuant to subdivision (b) or furnishes false information required or requested in connection with a grant or loan issued under this chapter is subject, in accordance with the requirements of subdivision (d) or (e), as applicable, to civil liability of not more than ten thousand dollars ($10,000) for each violation of this subdivision. (d) (1) Except as provided in paragraph (2), a person shall not be liable pursuant to subdivision (c) unless one of the following is established by the court, if the action is brought pursuant to subdivision (e), or by the executive director of the board, if the action is brought pursuant to subdivision (f): (A) The alleged violation is knowing, willful, or intentional. (B) The person received a material economic benefit from the action that caused the alleged violation. (C) The alleged violation is chronic or that person is a recalcitrant violator, as determined pursuant to subdivision (g) of Section 13399 of the Water Code. (2) If a person is in violation of subdivision (c), but does not meet any of the conditions specified in paragraph (1), the person may be held liable only if the board or an authorized representative of the board issues a notice to comply pursuant to Chapter 5.8 (commencing with Section 13399) of Division 7 of the Water Code before an action is taken pursuant to subdivision (e) or (f). (e) The Attorney General, upon request of the board, shall bring an action in superior court to impose the civil liability specified in subdivision (c). (f) The executive director of the board may impose the civil liability specified in subdivision (c) administratively in the same manner as the executive director of the board is authorized to impose civil liability pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code. (g) In determining the amount of any civil liability imposed pursuant to this section, the executive director of the board or the court shall take into account the nature, circumstances, extent, and gravity of the false statement or refusal or failure to furnish information, the person’s ability to pay, any prior history by the person of misrepresentations to or noncooperation with the board or local agency, any economic benefits or savings that resulted or would have resulted from the false statement or refusal or failure to furnish information, and other matters as justice may require. (h) Remedies under this section are in addition to, and do not supersede or limit, any other civil, administrative, or criminal remedies. (i) A penalty collected pursuant to this section shall be deposited in the Petroleum Underground Storage Tank Financing Account. (Added by Stats. 2020, Ch. 296, Sec. 10. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  58. 25299.113.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    False statements in documents for chapter grants or loans can trigger civil liability up to $500,000 per violation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.113. (a) A person who makes a misrepresentation in a document relating to a grant or loan issued under this chapter, including, but not limited to, a record, report, certification, application, invoice, form, or other document, that is submitted to the board is subject to civil liability of not more than five hundred thousand dollars ($500,000) for each violation of this subdivision. (b) Except as provided in subdivision (d), the Attorney General, upon request of the state board, shall bring an action in superior court to impose the civil liability specified in subdivision (a). (c) Except as provided in subdivision (d), the executive director of the board may impose the civil liability specified in subdivision (a) administratively in the same manner as the executive director of the board is authorized to impose civil liability pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code. (d) If a violation of subdivision (a) by a person is not knowing, willful, or intentional, the board or an authorized representative of the board, before an action may be taken pursuant to subdivision (b) or (c), shall issue a notice to comply pursuant to Chapter 5.8 (commencing with Section 13399) of Division 7 of the Water Code. (e) In determining the amount of civil liability imposed pursuant to this section, the executive director of the board, or the court shall take into account the nature, circumstance, extent, and gravity of the violation, the person’s ability to pay, any prior history of misrepresentations by the person to the board or local agency, any economic benefits or savings that resulted or would have resulted from the false statement, and other matters as justice may require. (f) Remedies under this section are in addition to, and do not supersede or limit, any other civil, administrative, or criminal remedies. (g) A penalty collected pursuant to this section shall be deposited in the Petroleum Underground Storage Tank Financing Account. (h) The board shall file a complaint with any applicable licensing board against any person licensed or otherwise regulated by that licensing board who is found to be liable under this section. (Added by Stats. 2020, Ch. 296, Sec. 11. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  59. 25299.113.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    Knowingly making false statements or false certifications to support a grant or loan under this chapter is punishable by fine or imprisonment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.113.1. (a) A person who knowingly makes or causes to be made a false statement, material misrepresentation, or false certification in support of a grant or loan under this chapter, including, but not limited to, in an application, record, report, certification, plan, invoice, form, or other document that is submitted, filed, or required to be maintained under this chapter for purposes of a grant or loan, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail for not more than one year, or in the state prison for 16 months, two years, or three years, or by both that fine and imprisonment. (b) The Attorney General, upon request of the board, may bring an action in superior court to impose the criminal penalty specified in subdivision (a). (c) Remedies under this section are in addition to, and do not supersede or limit, any other civil or criminal remedies. (d) A fine collected pursuant to this section shall be deposited in the Petroleum Underground Storage Tank Financing Account. (e) The board shall file a complaint with any applicable licensing board against any person licensed or otherwise regulated by that licensing board who is convicted under this section. (Added by Stats. 2020, Ch. 296, Sec. 12. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  60. 25299.113.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    An executive director’s action to impose civil liability under this chapter is subject to board review.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.113.2. An action by the executive director of the board to impose civil liability under this chapter is subject to review by the board in the same manner as provided for the review by the board of actions of a regional board under Section 13320 of the Water Code. (Added by Stats. 2020, Ch. 296, Sec. 13. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  61. 25299.114.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    Covered exempt-position staff working on the former Chapter 8.5 program must be transferred to the board, but only with Department of Finance approval.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.114. All persons serving in an exempt position engaged in the performance of a function described in former Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title 2 of the Government Code as repealed by Chapter 229 of the Statutes of 2003 or the administration of the program described in that chapter shall be transferred to the board subject to approval by the Department of Finance. This transfer shall not affect the status, positions, and rights of these persons. Section 19050.9 of the Government Code shall apply to the transfer of persons serving in state civil service who are engaged in the performance of a function or the administration of that chapter. (Added by Stats. 2004, Ch. 624, Sec. 1. Effective September 21, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  62. 25299.115.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    The repeal of former Chapter 8.5 does not end certain obligations tied to claims, loans, or cost recovery actions filed on or before January 1, 2004.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.115. The repeal of former Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title 2 of the Government Code by Chapter 229 of the Statutes of 2003 shall not be construed to terminate any obligation to pay claims filed, repay loans outstanding, or resolve any cost recovery action filed on or before January 1, 2004. (Added by Stats. 2004, Ch. 624, Sec. 1. Effective September 21, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  63. 25299.116.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    Certain expired grants may still receive funds from the Petroleum Underground Storage Tank Financing Account for one year after this chapter was enacted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.116. A recipient of a grant that was awarded 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, and that expired after December 31, 2003, may receive grant funds from the Petroleum Underground Storage Tank Financing Account consistent with the terms of the grant, for one year following enactment of this chapter, notwithstanding expiration of the grant. (Added by Stats. 2004, Ch. 624, Sec. 1. Effective September 21, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.117.)
  64. 25299.117.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. )

    Verify source ↗

    This chapter stays in force until January 1, 2036, when it is repealed, but certain rights, obligations, authorities, and related actions continue after repeal.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.76. Loans for Replacing, Removing, or Upgrading Underground Storage Tanks [25299.100 - 25299.117] ( Chapter 6.76 added by Stats. 2004, Ch. 624, Sec. 1. ) ## 25299.117. (a) Except as provided in subdivision (b), this chapter shall remain in effect only until January 1, 2036, and as of that date is repealed. (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. (3) The resolution of an action taken pursuant to Section 25299.112, 25299.113, or 25299.113.1, or the initiation of one of those actions. (Amended by Stats. 2023, Ch. 561, Sec. 11. (AB 1115) Effective January 1, 2024. Repealed as of January 1, 2036, by its own provisions. Note: Repeal affects Chapter 6.76, commencing with Section 25299.100.)
  65. 25299.12.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “bodily injury” by cross-referencing the meaning used in federal law and related regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.12. “Bodily injury” has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code and the regulations adopted pursuant thereto. (Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989.)
  66. 25299.13.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “claim” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.13. “Claim” means a submittal to the fund for the reimbursement of costs incurred due to an occurrence. A claim consists of several documents, including, but not limited to, the fund application, reimbursement requests, and verification documents. (Amended by Stats. 2001, Ch. 154, Sec. 2. Effective January 1, 2002.)
  67. 25299.14.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “corrective action” for petroleum underground storage tank cleanup.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.14. “Corrective action” includes, but is not limited to, evaluation and investigation of an unauthorized release, initial corrective actions measures, as specified in the federal act, and any actions necessary to investigate and remedy any residual effects remaining after the initial corrective action. Except as provided in the federal act, “corrective action” does not include actions to repair or replace an underground storage tank or its associated equipment. (Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989.)
  68. 25299.15.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “environmental impairment liability insurance.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.15. “Environmental impairment liability insurance” means liability insurance against liability for bodily injury, as defined in Section 25299.12, and for property damage, as defined in Section 25299.23, arising from an occurrence, as defined in Section 25299.19. (Amended by Stats. 2014, Ch. 544, Sec. 7. (SB 1458) Effective January 1, 2015.)
  69. 25299.16.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “Federal act” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.16. “Federal act” means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or as it may subsequently be amended or supplemented, and the regulations adopted pursuant thereto. (Added by renumbering Section 25299.15 by Stats. 1990, Ch. 1217, Sec. 2. Effective September 24, 1990.)
  70. 25299.17.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “Fund” as the Underground Storage Tank Cleanup Fund created under Section 25299.50.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.17. “Fund” means the Underground Storage Tank Cleanup Fund created pursuant to Section 25299.50. (Added by renumbering Section 25299.16 by Stats. 1990, Ch. 1217, Sec. 4. Effective September 24, 1990.)
  71. 25299.18.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “MTBE” as methyl tertiary-butyl ether.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.18. “MTBE” means methyl tertiary-butyl ether. (Added by Stats. 1999, Ch. 812, Sec. 14. Effective January 1, 2000.)
  72. 25299.19.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “occurrence” for petroleum tank cleanup rules.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.19. “Occurrence” means an accident, including continuous or repeated exposure to conditions, which results in an unauthorized release of petroleum from an underground storage tank. Unauthorized releases at the same site which require only a single site investigation shall be considered as one occurrence. An unauthorized release subsequent to a previous unauthorized release at the same site shall only be considered a separate occurrence if an initial site investigation has been completed for the prior unauthorized release. (Amended by Stats. 1996, Ch. 611, Sec. 4. Effective January 1, 1997.)
  73. 25299.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    A local agency may enforce stricter underground storage tank rules, and may regulate tanks not covered by this chapter or the federal act.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.2. (a) Except as provided in subdivision (a) of Section 25299.4, this chapter does not preclude or deny the right of a local agency to adopt and enforce any regulation, requirement, or standard of performance that is more stringent than a regulation, requirement, or standard of performance in effect under this chapter with respect to underground storage tanks, if the regulation, requirement, or standard of performance, as provided in this subdivision, is consistent with this chapter. (b) This chapter shall not be construed to preclude or deny the right of a local agency to regulate tanks which are not subject to regulation under this chapter or the federal act. (Amended by Stats. 1991, Ch. 724, Sec. 1. Effective October 9, 1991.)
  74. 25299.20.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “operator” for petroleum underground storage tank cleanup.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.20. “Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank containing petroleum. “Operator” includes any city, county, or district, or any agency or department thereof, but does not include the state or any agency or department thereof, or the federal government. (Added by renumbering Section 25299.19 by Stats. 1990, Ch. 1217, Sec. 6. Effective September 24, 1990.)
  75. 25299.200.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. )

    Verify source ↗

    This section defines key terms used in the chapter on grants for installing underground storage tanks.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. ) ## 25299.200. For purposes of this chapter, the following definitions apply: (a) “Account” means the Petroleum Underground Storage Tank Financing Account. (b) “Board” means the State Water Resources Control Board. (c) “Grant applicant” means a small business, as described in paragraph (1) of subdivision (a) of Section 25299.202, that applies to the board for a grant pursuant to this chapter. (d) “Tank” means an underground storage tank, as defined in Section 25281, installed in accordance with the requirements of Section 25290.1 on and after July 1, 2004, but before June 30, 2009, that is used for the purpose of storing petroleum, as defined in Section 25299.22. (Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.)
  76. 25299.201.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. )

    Verify source ↗

    The board must run a grant program to help small businesses meet specified underground storage tank requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. ) ## 25299.201. (a) The board shall conduct a grant program pursuant to this chapter, to assist small businesses in meeting the requirements of subdivisions (e) and (j) of Section 25290.1. (b) For purposes of this chapter, a grant provided to assist a small business in complying with subdivision (j) of Section 25290.1 may include the cost of pretesting the underground storage tank prior to backfill, in order to evaluate the underground storage tank’s ability to pass the test required by subdivision (j) of Section 25290.1. (Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.)
  77. 25299.202.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. )

    Verify source ↗

    The board must make grant funds available to eligible applicants, and applicants may use the funds only for specified compliance and leak-detection costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. ) ## 25299.202. (a) The board shall make grant funds available from the Petroleum Underground Storage Tank Financing Account to eligible grant applicants that meet the following conditions: (1) The grant applicant is a small business that employs fewer than 500 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 the 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. (b) A grant applicant may expend grant funds only to pay the costs necessary to comply with subdivision (j) of Section 25290.1, and to finance the leak detection equipment costs necessary to meet with the requirements of subdivision (e) of Section 25290.1. (Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.)
  78. 25299.203.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. )

    Verify source ↗

    The board may issue a grant before tank installation or within 12 months after the tank is installed and put in use. A complete grant application must include specified information.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. ) ## 25299.203. (a) The board may issue a grant pursuant to this chapter before the installation of the tank, or within 12 months after the tank has been installed and placed in use. (b) A complete grant application shall include all of the following information: (1) Evidence of eligibility. (2) A detailed cost estimate of the work and equipment required to be completed or installed for the tank to comply with subdivision (e) or (j) of Section 25290.1, as applicable. (3) A detailed description of the costs incurred to perform the work and install the equipment required for the tank to comply with subdivision (e) or (j) of Section 25290.1, as applicable. (4) Any other information the board determines is necessary to be included in the application form. (Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.)
  79. 25299.204.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. )

    Verify source ↗

    A grant recipient may use grant funds for specified compliance and leak-detection costs, and the board may not grant more than $15,000 per facility for the listed purposes.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. ) ## 25299.204. (a) A grant recipient may use grant funds to finance or reimburse up to 100 percent of the costs necessary to comply with subdivision (j) of Section 25290.1, and to finance or reimburse the leak detection equipment costs necessary to meet the requirements of subdivision (e) of Section 25290.1. (b) The board, pursuant to this chapter, shall not grant more than fifteen thousand dollars ($15,000) per facility, as defined in Section 25281, to assist a grant applicant in meeting the requirements of subdivision (e) of Section 25290.1. (c) The board, pursuant to this chapter, shall not grant more than fifteen thousand dollars ($15,000) per facility, as defined in Section 25281, to assist a grant applicant in meeting the requirements of subdivision (j) of Section 25290.1. (Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.)
  80. 25299.205.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. )

    Verify source ↗

    Creates a State Treasury account for underground storage tank financing and lets the board use deposited funds for grants and administration if the Legislature appropriates money.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. ) ## 25299.205. (a) (1) The Petroleum Underground Storage Tank Financing Account is hereby created in the State Treasury. (2) The funds deposited into the account may be expended by the board, upon appropriation by the Legislature, for making grants pursuant to this chapter and administering this chapter. (b) (1) This section shall not become operative if Assembly Bill 1068 of the 2003–04 Regular Session of the Legislature is enacted and takes effect on or before January 1, 2005, that bill creates the Petroleum Underground Storage Tank Financing Account in the State Treasury, and the bill adding this section takes effect on or after the effective date of Assembly Bill 1068. (2) If the act adding this section is enacted and takes effect before the effective date of Assembly Bill 1068, this section shall become operative on the effective date of that act, and shall become inoperative on the effective date of Assembly Bill 1068. On the date this section becomes inoperative, the Controller shall transfer all moneys in the account to the Petroleum Underground Storage Tank Financing Account established pursuant to Section 25299.109. (Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004. This section is nonoperative pursuant to (and except for) paragraph (1) of subdivision (b).)
  81. 25299.206.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. )

    Verify source ↗

    The board must transfer $3,500,000 from the Underground Storage Tank Cleanup Fund to the account for fiscal year 2004–05.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.77. Grants for Installing Underground Storage Tanks [25299.200 - 25299.206] ( Chapter 6.77 added by Stats. 2004, Ch. 649, Sec. 5. ) ## 25299.206. (a) The board shall transfer the sum of three million five hundred thousand dollars ($3,500,000) for the 2004–05 fiscal year, from the Underground Storage Tank Cleanup Fund to the account. Those funds are hereby appropriated to the board in each of those fiscal years for making grants pursuant to this chapter and administering this chapter. (b) At the end of each fiscal year, any funds transferred from the Underground Storage Tank Cleanup Fund that remain in the account shall revert to the Underground Storage Tank Cleanup Fund. (Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.)
  82. 25299.21.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    “Owner” means the owner of an underground storage tank containing petroleum, including certain local public entities, but not the state or federal government.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.21. “Owner” means the owner of an underground storage tank containing petroleum. “Owner” includes any city, county, or district, or any agency or department thereof, but does not include the state or any agency or department thereof, or the federal government. (Added by renumbering Section 25299.20 by Stats. 1990, Ch. 1217, Sec. 7. Effective September 24, 1990.)
  83. 25299.22.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    “Petroleum” is defined as crude oil, or any fraction of crude oil, that is liquid under standard temperature and pressure conditions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.22. “Petroleum” means crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. (Added by renumbering Section 25299.21 by Stats. 1990, Ch. 1217, Sec. 8. Effective September 24, 1990.)
  84. 25299.23.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “property damage” by referring to the meaning used in federal law and related regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.23. “Property damage” has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code and the regulations adopted pursuant thereto. (Added by renumbering Section 25299.22 by Stats. 1990, Ch. 1217, Sec. 9. Effective September 24, 1990.)
  85. 25299.23.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines “site” for underground storage tank cleanup and allows the board, in some cases, to treat one parcel as multiple sites.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.23.1. (a) “Site” means the parcel of real property at which an underground storage tank is located. (b) If underground storage tanks are located at adjacent parcels of real property, the adjacent parcels together constitute one site if both of the following apply: (1) The underground storage tanks are, or have been, operated by the same person. (2) The adjacent parcels are under common ownership or control. (c) Notwithstanding subdivision (a), the board may consider a parcel of real property as consisting of multiple sites, corresponding to the number of distinct underground storage tank operations at the parcel, if the board makes both of the following findings: (1) There is more than one underground storage tank located at the parcel. (2) Each separately operated underground storage tank or group of underground storage tanks is not, and has not been, operated by a person who is operating or has operated another underground storage tank at the same parcel. (Amended by Stats. 1999, Ch. 328, Sec. 5. Effective January 1, 2000.)
  86. 25299.24.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section defines several tank-related terms and limits them to petroleum tanks, with specified connected underground components included.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.24. “Tank,” “underground storage tank,” “underground tank system,” and “tank system” have the same meaning as defined in Chapter 6.7 (commencing with Section 25280), except as follows: (a) These terms mean only those tanks that contain only petroleum or, consistent with the federal act, a mixture of petroleum with de minimis quantities of other regulated substances. (b) These terms include all of the following components that are connected either directly or indirectly to the tank: (1) Spill containment structures that are substantially or totally beneath the surface of the ground. (2) Those portions of vent lines, vapor recovery lines, and fill pipes that are beneath the surface of the ground. (Amended by Stats. 2008, Ch. 616, Sec. 1. Effective January 1, 2009.)
  87. 25299.25.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section says certain chapter terms have the meanings given in Section 25281, and any other undefined term in the chapter also takes its meaning from Section 25281.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 2. Definitions [25299.11 - 25299.25] ( Article 2 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.25. For purposes of this chapter, “board,” “regional board,” “local agency,” “person,” “unauthorized release,” and “facility” shall have the same meanings as defined in Section 25281. Any other term used in this chapter which is not defined by this article has the same meaning as defined in Section 25281. (Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989.)
  88. 25299.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The board must adopt regulations for this chapter, and each city and county must carry out its regulatory responsibilities and implement the chapter by July 1, 1985, except as provided in Section 25299.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.3. (a) The board shall adopt regulations implementing this chapter. (b) Every city and county shall undertake its regulatory responsibilities under this chapter. Except as provided in Section 25299.1, every city and county shall implement this chapter not later than July 1, 1985. (c) Any regulation adopted by the board pursuant to this section shall assure consistency with the requirements for state programs implementing the federal act, and shall include any more stringent requirements necessary to implement this chapter. (Amended by Stats. 1995, Ch. 639, Sec. 61. Effective January 1, 1996.)
  89. 25299.30.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    Every owner and operator of an underground storage tank must comply with Section 25299.31 at the time required by the federal act, or when the tank is first filled for use with petroleum.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.30. Every owner and operator shall comply with Section 25299.31 at the time prescribed in the federal act for the establishment and maintaining of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage arising from operating an underground storage tank, or when the tank is first filled, for use, with petroleum. (Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  90. 25299.31.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    Owners and operators of underground storage tanks must keep evidence of financial responsibility for cleanup and third-party injury or property damage claims.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.31. (a) Every owner and operator shall establish and maintain evidence of financial responsibility, as provided in this article, for taking corrective action and compensating third parties for bodily injury and property damage arising from operating an underground storage tank. (b) If the owner and the operator are separate persons, either the owner or the operator shall demonstrate compliance with subdivision (a). (c) An owner may comply with this article by entering into an agreement with the operator of the tank requiring the operator to demonstrate compliance with subdivision (a). However, both the owner and the operator are in violation of subdivision (a) if evidence of financial responsibility is not established and maintained in accordance with this article. (Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  91. 25299.32.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section lets certain claimants use the fund to prove financial responsibility, sets minimum coverage amounts for some claimants, and later bars tank owners or operators from using the fund for compliance after December 31, 2034.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.32. (a) Except as provided in subdivision (f), a claimant who meets any of the following requirements may use the fund to establish and maintain evidence of financial responsibility: (1) A claimant who meets the qualifications of paragraph (1) of subdivision (b) of Section 25299.52 shall be deemed in compliance with Section 25299.31 if the claimant is eligible for reimbursement from the fund pursuant to Section 25299.54, subdivision (d) of Section 25299.57, and subdivision (b) of Section 25299.58. (2) If a claimant meets the qualifications of paragraph (2) or (3) of subdivision (b) of Section 25299.52, the level of financial responsibility required to be obtained pursuant to Section 25299.31 shall be at least five thousand dollars ($5,000) for each occurrence and at least five thousand dollars ($5,000) annual aggregate coverage for taking corrective action. (3) If a claimant meets the qualifications of paragraph (4) of subdivision (b) of Section 25299.52, the level of financial responsibility required to be obtained pursuant to Section 25299.31 shall be at least ten thousand dollars ($10,000) for each occurrence, and at least ten thousand dollars ($10,000) annual aggregate coverage for taking corrective action. (b) The level of financial responsibility required to be obtained pursuant to Section 25299.31 for each occurrence for bodily injury and property damage shall be in the amount specified by the board in the regulations adopted pursuant to Section 25299.77. (c) The level of financial responsibility required to be obtained pursuant to Section 25299.31 shall be in the amount specified by the board for annual aggregate coverage for both corrective action and bodily injury and property damage. (d) The board may periodically increase the minimum level of financial responsibility specified in subdivision (a) if the board determines that private insurance is available and affordable. (e) The changes made to this section by Chapter 1191 of the Statutes of 1994 shall apply to all claimants with claims, or portions of claims, for corrective action at sites that have not been completed and for which reimbursement by the fund has not been fully paid by the board. (f) (1) On and after January 1, 2035, an owner or operator of a tank for which a permit that is issued pursuant to Section 25284 is in effect shall not use the fund as a mechanism to demonstrate compliance with the financial responsibility requirements of Sections 25292.2 and 25299.31 and with the federal act. (2) On or before December 31, 2034, an owner or operator who previously used the fund as a mechanism to demonstrate compliance with financial responsibility requirements shall submit, to the local agency that issued the permit for the operation of the tank pursuant to Section 25284, evidence of the alternative financial responsibility mechanism that will be used on and after January 1, 2035, to comply with Sections 25292.2 and 25299.31 and with the federal act. (Amended by Stats. 2023, Ch. 561, Sec. 1. (AB 1115) Effective January 1, 2024. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  92. 25299.33.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    An owner or operator may prove financial responsibility using federal-act methods, and must submit that evidence on a prepared form to the local agency that issued the tank permit.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.33. (a) An owner and operator subject to Section 25299.30 may establish evidence of financial responsibility pursuant to this article by any one or more of the means specified in the federal act. (b) An owner or operator shall submit evidence of financial responsibility on a prepared form to the local agency which has issued a permit for the operation of the tank pursuant to Section 25284. (Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  93. 25299.34.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    A guarantor’s total liability under this chapter is capped at the amount of financial responsibility it provided, but other legal liabilities are not limited.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 3. Financial Responsibility [25299.30 - 25299.34] ( Article 3 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.34. (a) The total liability of any guarantor under this chapter is limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator pursuant to this article. This section does not limit any other state or federal statutory, contractual, or common-law liability of a guarantor to its owner or operator, including, but not limited to, the liability of the guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. (b) For the purposes of this section, “guarantor” means any person, including the insurance fund or the fund, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to Section 25299.31. (Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  94. 25299.36.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 4. Corrective Action [25299.36 - 25299.39.3] ( Article 4 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board, a regional board, or a local agency may take or contract for corrective action for an unauthorized underground storage tank release, and certain contracts can be oral or include equipment, labor, and materials when prompt action is needed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 4. Corrective Action [25299.36 - 25299.39.3] ( Article 4 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.36. The board, a regional board, or a local agency may undertake or contract for corrective action in response to an unauthorized release from an underground storage tank that is subject to this chapter, pursuant to subdivision (f) of Section 25296.10 or if a situation exists that requires prompt action by the board, a regional board, or local agency to protect human health or the environment. At the request of the board or a regional board, the Department of General Services may enter into a contract on behalf of the board or a regional board and acting as the agent of the board or a regional board. Notwithstanding any other provision of law, if a situation requires prompt action by the board or a regional board to protect human health or the environment, the board or a regional board may enter into oral contracts for this work, and the contracts, whether written or oral, may include provisions for equipment rental and, in addition, the furnishing of labor and materials necessary to accomplish the work. These contracts for corrective action by the board or a regional board are exempt from approval by the Department of General Services if the situation requires prompt action to protect human health or the environment. (Amended by Stats. 2002, Ch. 999, Sec. 33. Effective January 1, 2003.)
  95. 25299.38.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 4. Corrective Action [25299.36 - 25299.39.3] ( Article 4 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The local agency, board, regional board, and staff must work with parties on preapproval of corrective action costs, and the fund staff must decide requests within 30 days.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 4. Corrective Action [25299.36 - 25299.39.3] ( Article 4 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.38. (a) The local agency, the board, or the regional board shall advise and work with the owner, operator, or other responsible party on the opportunity to seek preapproval of corrective action costs pursuant to Section 2811.4 of Title 23 of the California Code of Regulations or any successor regulation. Regional board staff and local agency staff shall work with the responsible party and fund staff to obtain preapproval for the responsible party. The fund staff shall grant or deny a request for preapproval within 30 calendar days after the date a request is received. If fund staff denies a request for preapproval or fails to act within 30 calendar days after receiving the request, an owner, operator, or other responsible party who has prepared a work plan that has been reviewed and accepted pursuant to paragraph (3) of subdivision (c) of Section 25296.10, and is denied preapproval of corrective action costs for one or more of the actions required by the work plan, may petition the board for review of the request for preapproval. The board shall review the petition pursuant to Section 25299.56, and for that purpose the petition for review of a request for preapproval of corrective action costs shall be reviewed by the board in the same manner as a petition for review of an unpaid claim. (b) If the board receives a petition for review pursuant to subdivision (a), the board shall review the request for preapproval and grant or deny the request pursuant to this subdivision and subdivision (c). The board shall deny the request for preapproval if the board makes one of the following findings: (1) The petitioner is not eligible to file a claim pursuant to Article 6 (commencing with Section 25299.50). (2) The petitioner failed to submit one or more of the documents required by the regulations adopted by the board governing preapproval. (3) The petitioner failed to obtain three bids or estimates for corrective action costs and, under the circumstances pertaining to the corrective action, there is no valid reason to waive the three-bid requirement pursuant to the regulations adopted by the board. (c) If the board does not deny the request for preapproval pursuant to subdivision (b), the board shall grant the request for preapproval. However, the board may modify the request by denying preapproval of corrective action costs or reducing the preapproval amount of those costs for any action required by the work plan, if the board finds that the fund staff has demonstrated either of the following: (1) The amount of corrective action reimbursement requested for the action is not reasonable. In determining if the fund staff has demonstrated that the amount of reimbursement requested for an action is not reasonable, the board shall use, when available, recent experience with bids or estimates for similar actions. (2) The action required in the work plan is, in all likelihood, not necessary for the corrective action to comply with the requirements of subdivisions (a) and (b) of Section 25296.10 and the corrective action regulations adopted pursuant to Section 25299.3. (Added by Stats. 2002, Ch. 999, Sec. 37. Effective January 1, 2003.)
  96. 25299.39.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 4. Corrective Action [25299.36 - 25299.39.3] ( Article 4 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section requires the fund manager to notify certain tank owners or operators and review their case history annually, and it sets out board review, closure, reimbursement, and judicial review rules for tank cases.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 4. Corrective Action [25299.36 - 25299.39.3] ( Article 4 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.39.2. (a) (1) The manager responsible for the fund shall notify tank owners or operators who have an active letter of commitment that has been in an active status for five years or more and shall review the case history of their tank case on an annual basis unless otherwise notified by the tank owner or operator within 30 days of the notification. (A) If the manager determines that closure of the tank case is appropriate based upon that review, the manager shall provide a review summary report to the applicable regional board and local agency summarizing the reasons for this determination and shall provide the applicable regional board and local agency with an opportunity for comment on the review summary report. (B) If the manager determines that closure of the tank case is appropriate, the manager, with approval of the tank owner or operator, may make a recommendation to the board for closure. (C) The board may close any tank case or require the closure of any tank case where an unauthorized release has occurred if the board determines that corrective action at the site is in compliance with all of the requirements of subdivisions (a) and (b) of Section 25296.10 and the corrective action regulations adopted pursuant to Section 25299.3. (D) Before closing or requiring closure of an underground storage tank case, the board shall provide an opportunity for reviewing and providing responses to the manager’s recommendation to the applicable regional board and local agency, and to the water replenishment district, municipal water district, county water district, or special act district with groundwater management authority if the underground storage tank case is located in the jurisdiction of that district. (2) Except as provided in paragraph (3), if the manager recommends closing a tank case pursuant to paragraph (1), the board shall limit reimbursement of subsequently incurred corrective action costs, including costs for groundwater monitoring, to ten thousand dollars ($10,000) per year. (3) The board may allow reimbursement of corrective action costs in excess of the ten thousand dollar ($10,000) limit specified in paragraph (2) if the board determines that corrective action costs related to the closure will exceed this amount, or that additional corrective action is necessary to meet the requirements specified in subdivisions (a) and (b) of Section 25296.10. (4) After the manager provides a review summary report to the applicable regional board and local agency in accordance with subparagraph (A) of paragraph (1), the regional board or local agency shall not issue a corrective action directive or enforce an existing corrective action directive for the tank case until the board issues a decision on the closure of the tank case, unless one of the following applies: (A) The regional board or local agency demonstrates to the satisfaction of the manager that there is an imminent threat to human health, safety, or the environment. (B) The regional board or local agency demonstrates to the satisfaction of the manager that other site-specific needs warrant additional directives during the period that the board is considering case closure. (C) After considering responses to the review summary report and other relevant information, the manager determines that case closure is not appropriate. (D) The regional board or local agency closes the tank case but the directives are necessary to carry out case-closure activities. (b) An aggrieved person may, not later than 30 days from the date of final action by the board, pursuant to subparagraph (C) of paragraph (1) of subdivision (a), file with the superior court a petition for writ of mandate for review of the decision. If the aggrieved person does not file a petition for writ of mandate within the time provided by this subdivision, a board decision shall not be subject to review by any court. Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed pursuant to this subdivision. For purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall uphold the decision if the decision is based upon substantial evidence in light of the whole record. (c) The authority provided under this section does not limit a person’s ability to petition the board for review under any other state law. (Amended by Stats. 2012, Ch. 237, Sec. 2. (AB 1715) Effective January 1, 2013.)
  97. 25299.39.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 4. Corrective Action [25299.36 - 25299.39.3] ( Article 4 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board, a regional board, or local agency may access property owned or possessed by an owner, operator, or responsible party to perform corrective action, using consent or a warrant unless there is an emergency.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 4. Corrective Action [25299.36 - 25299.39.3] ( Article 4 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.39.3. The board, a regional board, or local agency shall be permitted reasonable access to property owned or possessed by an owner, operator, or responsible party as necessary to perform corrective action pursuant to Section 25299.36. The access shall be obtained with the consent of the owner or possessor of the property or, if the consent is withheld, with a warrant duly issued pursuant to the procedure described in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting public health or safety, or the environment, the board, a regional board, or local agency may enter the property without consent or the issuance of a warrant. (Amended by Stats. 2002, Ch. 999, Sec. 42. Effective January 1, 2003.)
  98. 25299.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Local agencies and permit applicants can seek authority or a variance, but specific applications, hearings, deadlines, findings, and fees are required.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.4. (a) (1) Any local agency may apply to the board for authority to implement design and construction standards for the containment of a hazardous substance in underground storage tanks which are in addition to those set forth in this chapter. The application shall include a description of the additional standards and a discussion of the need to implement them. The board shall approve the application if it finds, after an investigation and public hearing, that the local agency has demonstrated by clear and convincing evidence that the additional standards are necessary to adequately protect the soil and the beneficial uses of the waters of the state from unauthorized releases. (2) The board shall make its determination within six months of the date of application for authority to implement additional standards. If the board’s determination upholds the application for authority to implement additional standards, the standards shall be effective as of the date of the determination. If the board’s determination does not uphold the application, the additional standards shall not go into effect. (b) (1) Any permitholder or permit applicant may apply to the regional board having jurisdiction over the location of the permitholder’s or applicant’s facility for a site-specific variance from Section 25290.1, 25290.2, 25291, or 25292. A site-specific variance is an alternative procedure which is applicable in one local agency jurisdiction. Prior to applying to the regional board, the permitholder shall first contact the local agency pursuant to paragraph (5). (2) The regional board shall hold a public hearing 60 days after the completion of any documents required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (3) The regional board shall consider the local agency’s and the city’s, county’s, or city and county’s recommendations in rendering its decision. Failure of the local agency or city, county, or city and county to join in the variance application pursuant to paragraph (5) shall not affect the request of the applicant to proceed with the variance application. (4) The regional board shall approve the variance if it finds, after investigation and public hearing, that the applicant has demonstrated by clear and convincing evidence either of the following: (A) Because of the facility’s special circumstances, not generally applicable to other facilities’ property, including size, shape, design, topography, location, or surroundings, the strict application of Sections 25290.1, 25290.2, 25291, and 25292 is unnecessary to adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release. (B) Strict application of the standards of Sections 25290.1, 25290.2, 25291, and 25292 would create practical difficulties not generally applicable to other facilities or property and that the proposed alternative will adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release. (5) Before applying for a variance, the applicant shall contact the local agency to determine if a site-specific variance is required. If the local agency determines that a site-specific variance is required or does not act within 60 days, the applicant may proceed with the variance procedure in subdivision (a). (6) At least 30 days before applying to the appropriate regional board, the applicant shall notify and request the city, county, or city and county to join the applicant in the variance application before the regional board. (A) The city, county, or city and county shall provide notice of the receipt of that request to any person who has requested the notice. (B) The local agency within the city, county, or city and county which has the jurisdiction for land use decisions shall have 30 days from completion of any documents required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) to act on the applicant’s request to join the applicant. (c) Applicants requesting a variance pursuant to subdivision (b) shall pay a fee determined by the board to be necessary to recover the reasonable cost of administering subdivision (b). (d) The permit issued for any underground storage tank issued a variance pursuant to subdivision (b) shall require compliance with any conditions prescribed by the board or a regional board in issuing the variance. The conditions prescribed by the board or regional board in the permit shall include any conditions necessary to assure compliance with any applicable requirements of the federal act. (e) This section does not apply to or within any city or county that was exempt from implementing this chapter as of December 31, 1984. (Amended by Stats. 2003, Ch. 42, Sec. 15. Effective July 7, 2003.)
  99. 25299.40.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 5. Fees [25299.40 - 25299.43] ( Article 5 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section says the storage fees under this article are not a tax and are not collected to increase state revenues under Article XIII A, section 3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 5. Fees [25299.40 - 25299.43] ( Article 5 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.40. The Legislature hereby declares that the storage fees imposed by this article do not constitute a tax and are not collected for purposes of increasing state revenues pursuant to Section 3 of Article XIII A of the California Constitution. (Repealed and added by Stats. 1990, Ch. 1366, Sec. 10. Effective September 27, 1990. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  100. 25299.41.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 5. Fees [25299.40 - 25299.43] ( Article 5 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    Owners of certain permitted underground storage tanks must pay a storage fee of $0.006 per gallon of petroleum placed in the tank.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 5. Fees [25299.40 - 25299.43] ( Article 5 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.41. For the purpose of implementing this chapter, every owner of an underground storage tank for which a permit is required pursuant to Section 25284 shall pay a storage fee of six mills ($0.006) for each gallon of petroleum placed in an underground storage tank that the person owns. The fee imposed pursuant to this section shall be paid to the California Department of Tax and Fee Administration pursuant to Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 2023, Ch. 561, Sec. 2. (AB 1115) Effective January 1, 2024. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  101. 25299.42.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 5. Fees [25299.40 - 25299.43] ( Article 5 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The State Board of Equalization may adopt regulations for Section 25299.41, must collect the fee on the stated start date, and must deposit all collected fees into the fund.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 5. Fees [25299.40 - 25299.43] ( Article 5 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.42. (a) The State Board of Equalization may adopt regulations to carry out Section 25299.41, including, but not limited to, provisions governing collections, reporting, refunds, and appeals. (b) The State Board of Equalization shall collect the fee imposed by this article commencing on the first day of the first calendar quarter which begins more than 90 days after the effective date of the act adding this article. (c) The State Board of Equalization shall deposit all fees collected pursuant to this article in the fund. (Repealed and added by Stats. 1990, Ch. 1366, Sec. 14. Effective September 27, 1990. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  102. 25299.43.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 5. Fees [25299.40 - 25299.43] ( Article 5 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    Owners subject to Section 25299.41 must pay a per-gallon storage fee on petroleum placed in their underground storage tanks, and the fee increases at several stated dates.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 5. Fees [25299.40 - 25299.43] ( Article 5 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 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, at which time, the fee shall revert back to the fee pursuant to subdivision (e). (g) (1) On and after the first day of the first calendar quarter commencing more than 90 days after the effective date of the act adding this paragraph, 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, 2036, at which time the increase provided for in this section shall not be operative. (2) Three mills ($0.003) of the six mills ($0.006) for each gallon of petroleum placed in an underground storage tank collected pursuant to this subdivision shall be available for expenditure by the board only for purposes provided in subdivision (o) of Section 25299.51. (3) The board shall annually provide an informational presentation at a board meeting, with the opportunity for public comment, before determining how the funds collected pursuant to this subdivision will be allocated among the purposes provided in subdivision (o) of Section 25299.51. (h) The fee imposed under this section shall be paid to the California Department of Tax and Fee Administration 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 25299.41. (i) The California Department of Tax and Fee Administration shall amend the regulations adopted under Section 25299.41 to carry out this section. (Amended by Stats. 2023, Ch. 561, Sec. 3. (AB 1115) Effective January 1, 2024. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  103. 25299.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    This section says the chapter must be read consistently with state program requirements under the federal act, and it must not be read to reduce the department’s, board’s, or regional boards’ powers and duties under the listed laws.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.5. (a) This chapter shall be construed to assure consistency with the requirements for state programs implementing the federal act. (b) This chapter shall not be construed to limit or abridge the powers and duties granted to the department by Chapter 6.5 (commencing with Section 25100) and Part 2 (commencing with Section 78000) of Division 45 or to the board and each regional board by Division 7 (commencing with Section 13000) of the Water Code. (Amended by Stats. 2022, Ch. 258, Sec. 76. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  104. 25299.50.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section creates the Underground Storage Tank Cleanup Fund and lets the board use and manage the fund for chapter purposes, subject to legislative appropriation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.50. (a) The Underground Storage Tank Cleanup Fund is hereby created in the State Treasury. The money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of this chapter. From time to time, the board may modify existing accounts or create accounts in the fund or other funds administered by the board, which the board determines are appropriate or necessary for proper administration of this chapter. (b) All of the following amounts shall be deposited in the fund: (1) Money appropriated by the Legislature for deposit in the fund. (2) The fees, interest, and penalties collected pursuant to Article 5 (commencing with Section 25299.40). (3) Notwithstanding Section 16475 of the Government Code, any interest earned upon the money deposited in the fund. (4) Any money recovered by the fund pursuant to Section 25299.70. (5) Any civil or criminal penalties collected by the board or regional board pursuant to Section 25299.76, 25299.78, 25299.80, or 25299.80.5. (6) Money recovered as compensation for expenditures associated with investigations or enforcement actions pursuant to subdivision (j) or (n) of Section 25299.51. (7) Money recovered to correct a previously overpaid expenditure issued pursuant to this chapter. (c) Notwithstanding subdivision (a), any funds appropriated by the Legislature in the annual Budget Act for payment of a claim for the costs of a corrective action in response to an unauthorized release, that are encumbered for expenditure for a corrective action pursuant to a letter of credit issued by the board pursuant to subdivision (e) of Section 25299.57, but are subsequently not expended for that corrective action claim, may be reallocated by the board for payment of other claims for corrective action pursuant to Section 25299.57. (Amended by Stats. 2014, Ch. 547, Sec. 5. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  105. 25299.50.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section establishes a cleanup fund, moves money into it for specified fiscal years, and limits how much the board may grant for eligible petroleum-contamination cleanup occurrences.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.50.2. (a) The Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund is hereby established in the State Treasury. (b) (1) Except as provided in paragraph (2), the sum of ten million dollars ($10,000,000) is hereby transferred, for each of the 2008–09, 2009–10, and 2010–11 fiscal years, from the Underground Storage Tank Cleanup Fund to the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund. (2) Available federal moneys may be deposited in the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund. The amount transferred pursuant to paragraph (1) in a fiscal year shall be reduced by the amount of federal moneys deposited in the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund in that fiscal year. (c) The board may expend the moneys in the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund, upon appropriation by the Legislature, for the costs of response actions to remediate the harm caused by petroleum contamination at a site that meets all of the following conditions: (1) The petroleum contamination is the principal source of contamination at the site. (2) The source of the petroleum contamination is, or was, an underground storage tank. (3) A financially responsible party has not been identified to pay for remediation at the site. (4) If the expenditure includes federal moneys deposited in the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund, the expenditure at the site is consistent with all applicable requirements for expenditure of the federal moneys. (d) Any funds in the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund that are not expended in the 2009–10, 2010–11, or 2011–12 fiscal years shall remain in the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund until they are encumbered. (e) Notwithstanding Section 16304.1 of the Government Code, a disbursement in liquidation of an encumbrance may be made before or during the four years following the last day the appropriation is available for encumbrance. (f) (1) If the board determines that an applicant who filed a grant application on or before December 31, 2014, is eligible for a grant pursuant to this section, the board shall not issue more than one million five hundred thousand dollars ($1,500,000) in grants from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund for the occurrence for which the applicant applied. (2) If the board determines that an applicant who filed a grant application after December 31, 2014, is eligible for a grant pursuant to this section, the board may not issue more than one million dollars ($1,000,000) in grants from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund for the occurrence for which the applicant applied. (3) The board shall include the amount of any grants awarded by the board from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount pursuant to former Section 25299.50.2, as that section read on December 31, 2007, toward the total amount available per occurrence for grants awarded from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund pursuant to this section. (Amended by Stats. 2014, Ch. 547, Sec. 6. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  106. 25299.50.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section creates a School District Account in the fund and directs the board to use it to pay certain school-district claims, transfer $10 million per year in specified fiscal years, report on spending, and follow special waiver and timing rules.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.50.3. (a) For purposes of this section, “school district” has the same meaning as set forth in Section 80 of the Education Code, and includes a county office of education. (b) The School District Account is hereby created in the 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 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 before 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 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) (1) 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, 2036, shall be transferred to the fund. (2) Notwithstanding Section 16304.1 of the Government Code, the board shall encumber the funds appropriated pursuant to this section within three years of the appropriation and the board may make a disbursement in liquidation of an encumbrance before or during the three years following the last day the appropriation is available for encumbrance. (e) The board shall include in its annual report 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 fund, 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. (h) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. (Amended by Stats. 2023, Ch. 561, Sec. 4. (AB 1115) Effective January 1, 2024. Repealed as of January 1, 2036, by its own provisions. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  107. 25299.50.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    If Section 25299.50.3 is repealed, money in the School District Account and money due to that account must go to the Underground Storage Tank Cleanup Fund in the State Treasury.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.50.5. Upon the repeal of Section 25299.50.3, all moneys in the School District 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. (Added by Stats. 2008, Ch. 644, Sec. 3. Effective January 1, 2009. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  108. 25299.50.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section establishes the Site Cleanup Subaccount and lets the board use it, with legislative appropriation, for specified contamination investigation, cleanup, grants, and related payments.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.50.6. (a) The Site Cleanup Subaccount is hereby established in the State Treasury. Moneys shall be deposited in the subaccount pursuant to subdivision (m) of Section 25299.51. (b) The board may expend the funds in the Site Cleanup Subaccount, upon appropriation by the Legislature, for the following purposes: (1) To pay for reasonable and necessary expenditures that the board, the department, a regional board, a local agency, or a water replenishment district incurs to investigate the source of surface or groundwater contamination. (2) (A) To pay for reasonable and necessary expenditures to remediate the harm or threat of harm to human health, safety, and the environment caused by existing or threatened surface or groundwater contamination incurred by any of the following: (i) The board. (ii) The department. (iii) A regional board. (iv) A local agency. (v) A water replenishment district, under the direction of the board, a regional board, a local agency, or another appropriate regulatory agency with authority over surface or groundwater cleanup oversight. (B) The board shall consider the following factors when approving expenditures for specific locations: (i) The degree to which human health, safety, and the environment are threatened by contamination at the location. (ii) Whether the location is located in a small or financially disadvantaged community. (iii) The cost and potential environmental benefit of the investigation or cleanup. (iv) Whether there are other potential sources of funding for the investigation or cleanup. (v) Any other information the board identifies as necessary for consideration. (3) To issue grants pursuant to this section for the reasonable and necessary costs of actions to remediate the harm or threat of harm to human health, safety, and the environment caused by existing or threatened surface or groundwater contamination at a location if both of the following conditions are met: (A) The board, the department, a regional board, local agency, unified program agency, or a local officer requires the responsible parties to undertake or contract for investigation or cleanup pursuant to an oral or written order, directive, notification, or approval issued pursuant to Section 25187, 25187.1, 25296.10, 78870, 79055, or 101480, or any section of the Water Code. The board may waive this requirement if the board finds that it is infeasible for an order to be issued before initiation of remediation. (B) No responsible party has sufficient financial resources to pay for the required response actions. (4) For payments to the Attorney General by the board pursuant to subdivision (g). (c) At least annually, the board shall review grant applications and adopt a list of applicants to be awarded grants pursuant to paragraph (3) of subdivision (b). In addition to the conditions specified in paragraph (3) of subdivision (b), the board shall consider all of the following factors when awarding grants: (1) The degree to which human health, safety, and the environment are threatened by surface water or groundwater contamination at the location. (2) Whether the location is located in a small or financially disadvantaged community. (3) The cost and potential environmental benefit of the investigation or cleanup. (4) Whether there are other potential sources of funding for the investigation or cleanup. (5) Any other information the board identifies as necessary for consideration. (d) (1) The board shall specify the information that shall be included in a grant application, consistent with this section, including, but not limited to, a provision requiring the applicant to make a sworn verification of the information in the application to the best of the applicant’s knowledge. (2) The board may adopt procedures to implement this section. (3) The board shall post any procedures or information requirements adopted pursuant to this section on its internet website. (e) (1) The recipient of grant moneys shall expend those funds only for the reasonable costs necessary to protect human health, safety, and the environment, incurred on or after September 25, 2014. (2) The board shall not issue a grant for any costs for which the applicant has been, or will be, paid by another source. (3) The board may terminate a grant and may bar the applicant from receiving any future grants from the Site Cleanup Subaccount if the board finds that the applicant has made a misrepresentation or false claim. (f) (1) Any funds in the Site Cleanup Subaccount that are not expended in a fiscal year shall remain in the subaccount until they are encumbered. (2) Notwithstanding Section 16304.1 of the Government Code, the board shall encumber the funds appropriated pursuant to this section within three years of the appropriation and the board may make a disbursement in liquidation of an encumbrance before or during the three years following the last day the appropriation is available for encumbrance. (3) Notwithstanding Section 16475 of the Government Code, any interest earned upon the money in the Site Cleanup Subaccount shall be deposited in the Site Cleanup Subaccount. (g) The Attorney General may recover the actual, reasonable costs of investigation or cleanup undertaken pursuant to this section in a civil action, upon request from the board, from any responsible party. All money recovered by the Attorney General pursuant to this section shall be deposited in the Site Cleanup Subaccount. (h) For purposes of this section, the following definitions apply: (1) “Local officer” has the meaning provided for in Section 101480. (2) “Unified program agency” has the meaning provided for in Section 25404. (3) “Water replenishment district” has the meaning provided for in Section 60012 of the Water Code. (Amended by Stats. 2022, Ch. 258, Sec. 77. (AB 2327) Effective January 1, 2023. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  109. 25299.50.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must create and run an Expedited Claim Account and Pilot Project, move $100 million into the account in 2015–16 if appropriated, pay selected claims from the account, report on the program, and the section repeals on January 1, 2036.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.50.7. (a) The Expedited Claim Account is hereby created in the fund for expenditure by the board to pay claims that have been selected to participate in the pilot project established by this section. (b) The sum of one hundred million dollars ($100,000,000) shall be transferred in the 2015–16 fiscal year from the fund to the Expedited Claim Account for expenditure, upon appropriation by the Legislature, for the payment of claims pursuant to this section. Claims shall be paid from the Expedited Claim Account until moneys in the account are exhausted. (c) Funds in the Expedited Claim Account that are not expended in a fiscal year shall remain in the Expedited Claim Account. Funds remaining in the Expedited Claim Account on January 1, 2036, shall be transferred to the fund. (d) The board shall, with stakeholder input, establish the Expedited Claim Pilot Project to reduce the overall cost for site cleanup and the time to reach closure by increasing coordination with the responsible party, consultant, regulator, and the fund, and by using multiyear budgets. (1) The board shall, with stakeholder input, investigate potential methods for reducing the overall cost for site cleanup and the time to reach closure including, but not limited to, establishment of multiyear funding for claims, increased collaboration between fund staff, regulatory staff, and claimants and their contractors, establishment of project milestones and cost estimates, and establishment of reimbursement submission schedules. (2) The board shall solicit fund claims from all priority rankings for participation in the pilot project to implement potential improvement methods. The board shall select a limited number of claims to participate in the pilot project. (3) The board shall develop criteria for the selection of claims to participate in the pilot project and, at a minimum, shall consider the threat to human health, safety, or the environment caused by contamination at the site that is the subject of the claim, the priority ranking assigned to the claim pursuant to Section 25299.52, and the progress of cleanup at the site that is the subject of the claim. (4) The development of criteria and procedures pursuant to this subdivision shall not be considered as regulations subject to, and shall be exempt from, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) The board shall include in its annual report information on the expenditure of funds transferred to the Expedited Claim Account, as well as the amount of all claims filed by claimants participating in the Expedited Claim Pilot Project and the amount of reimbursements made to claimants in the pilot project. (f) On or before January 1, 2018, the board shall prepare a report analyzing the effectiveness and efficiency of the Expedited Claim Pilot Project in expediting the funding of claims and completion of site cleanups. The board, in consultation with stakeholders, shall work to develop metrics to forecast long-term demand on the fund and shall include this information in the report. This report shall be posted on the board’s internet website, and updated periodically. (g) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. (Amended by Stats. 2023, Ch. 561, Sec. 5. (AB 1115) Effective January 1, 2024. Repealed as of January 1, 2026, by its own provisions. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  110. 25299.51.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board may spend money from the fund only for listed cleanup and related purposes, and it cannot spend more than 25% annually for certain corrective-action uses.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.51. The board may expend the moneys in the fund for all of 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 California Department of Tax and Fee Administration 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 dollars ($1,000,000) 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 law, except that, for the purpose of expenditure of these funds, only underground storage tanks 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 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). (l) Upon repeal of Chapter 6.76 (commencing with Section 25299.100), to pay for expenditures authorized by subdivision (b) of Section 25299.117 as that section reads as of December 31, 2035, immediately preceding its repeal. (m) For transfer to the Site Cleanup Subaccount to pay for expenditures by the board pursuant to Section 25299.50.6, including costs for regulatory oversight of sites funded pursuant to that section. (n) To pay for reasonable and necessary expenditures by the board associated with discovering violations of and enforcing, or assisting in the enforcement of, the requirements of this chapter, including actions relating to the submission of false information to the fund. (o) (1) For transfer to the School District Account to pay for expenditures by the board pursuant to Section 25299.50.3 or for transfer pursuant to subdivision (k) or (m). (2) This subdivision shall apply only to the moneys collected pursuant to paragraph (2) of subdivision (g) of Section 25299.43. (Amended by Stats. 2023, Ch. 561, Sec. 6. (AB 1115) Effective January 1, 2024. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  111. 25299.51.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must commission independent program and fiscal audits of the fund and post the audit results on its website within 90 days after completion.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.51.2. (a) On or before December 31, 2019, and at least once every five years thereafter, the board shall commission an independent program audit and a fiscal audit of the fund by an independent auditor. (b) Within 90 days of the completion of the independent program audit or fiscal audit of the fund, the board shall post the results of the program audit or fiscal audit on the board’s Internet Web site. (c) The audit shall include a review of projected expenses and revenue for the five years subsequent to the date of the audit and shall include proposals for the appropriate amount of the fee under Section 25299.43 for that five-year period. When establishing and analyzing those proposals, the auditor may consult with appropriate agencies, including the board, the State Energy Resources Conservation and Development Commission , the State Board of Equalization, and any other entity that may provide information or analysis pertinent to implementing this subdivision. (Amended by Stats. 2014, Ch. 547, Sec. 13. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  112. 25299.51.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must study whether issuing bonds would be cost-effective and feasible, and then post a report on its website by March 1, 2018.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.51.3. (a) The board shall conduct a study to determine the cost-effectiveness and the feasability of issuing bonds to satisfy the obligations against the fund existing on the effective date of this section. The proceeds from the bonds would be used to expedite the payment of active claims and those claims on the priority list awaiting reimbursement. At a minimum, the study shall include participants from the board, the Department of Finance, the Treasurer’s office, the California Infrastructure and Economic Development Bank, and fund stakeholders, including claimant and industry representatives. (b) The board shall, on or before March 1, 2018, post a report of the study conducted pursuant to this section on the board’s Internet Web site. (Added by Stats. 2014, Ch. 547, Sec. 14. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  113. 25299.51.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must study whether claim-ranking rules for certain small business tank owners and operators should be revised, consult stakeholders and agencies, and publish the results.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.51.4. (a) On or before June 1, 2016, the board shall conduct an analysis of whether the ranking criteria for the payment of claims pursuant to Sections 25299.57 and 25299.58, with regard to owners and operators of tanks that are small businesses, as specified in subparagraph (A) of paragraph (2) of subdivision (b) of Section 25299.52, should be revised to better achieve the goal of ranking claims based on the claimant’s ability to pay for cleanup. The board shall consider, but is not limited to consideration of, all of the following factors in its analysis: (1) Whether single location revenues or other factors should be considered rather than aggregate affiliate income. (2) Whether gallons of fuel throughput should be considered rather than aggregate affiliate income. (3) Whether other factors should be considered to ensure equitable qualification under subparagraph (A) of paragraph (2) of subdivision (b) of Section 25299.52. (b) The board shall consult with stakeholders of the Underground Storage Tank Cleanup Fund, including claimant and industry representatives, when preparing the analysis required by this section. (c) The board shall coordinate with the State Board of Equalization and the State Energy Resources Conservation and Development Commission to obtain data collected by these agencies that would be relevant to the conduct of the analysis required by this section. (d) Within 90 days after completing the analysis required by this section, the board shall post the results on the board’s Internet Web site. (Added by Stats. 2014, Ch. 547, Sec. 15. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  114. 25299.52.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must rank claims at least annually, and eligible owners or operators must file applications before that ranking list is adopted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.52. (a) The board shall adopt a priority ranking list at least annually for awarding claims pursuant to Section 25299.57 or 25299.58. Any owner or operator eligible for payment of a claim pursuant to Section 25299.54 shall file an application with the board within a reasonable period, to be determined by the board, prior to adoption of the priority ranking list. (b) Except as provided in subdivision (c), in awarding claims pursuant to Section 25299.57 or 25299.58, the board shall pay claims in accordance with the following order of priority: (1) Owners of tanks who are eligible to file a claim pursuant to subdivision (e) of Section 25299.54. (2) Owners and operators of tanks that are either of the following: (A) An owner or operator of a tank that is a small business, by meeting the requirements of subdivision (d) of Section 14837 of the Government Code. An owner or operator that meets that definition of small business, but who is domiciled or has its principal office outside of the state, shall be classified in this category if the owner or operator otherwise meets the requirements of subdivision (d) of Section 14837 of the Government Code with regard to the number of employees and the total annual revenues received. (B) An owner or operator that is a city, county, district, or nonprofit organization that receives total annual revenues of not more than seven million dollars ($7,000,000). In determining the amount of a nonprofit organization’s annual revenues, the board shall calculate only those revenues directly attributable to the particular site at which the tank or tanks for which the claim is submitted are located. (3) Owners or operators of tanks that are either of the following: (A) The owner or operator owns and operates a business that employs fewer than 500 full-time and part-time employees, is independently owned and operated, and is not dominant in its field of operation. (B) The owner or operator is a city, county, district, or nonprofit organization that employs fewer than 500 full-time and part-time employees. In determining the number of employees employed by a nonprofit organization, the board shall calculate only those employees employed at the particular site at which a tank for which the claim is being submitted is located. (4) All other tank owners and operators. (c) (1) In any year in which the board is not otherwise authorized to award at least 15 percent of the total amount of funds committed for that year to tank owners or operators in those categories set forth in paragraph (3) or (4) of subdivision (b) due to the priority ranking list award limitations set forth in subdivision (b), the board shall allocate between 14 and 16 percent of the total amount of funds committed for that year to each category that is not otherwise entitled to at least that level of committed funding for that year. (2) If the total amount of claims outstanding in one or more of the priority categories specified in paragraph (3) or (4) of subdivision (b) is less than 15 percent of the total amount annually appropriated from the fund for the purpose of awarding claims, the board shall reserve for making claims in that category only the amount that is necessary to satisfy the outstanding claims in that category. (d) The board shall give priority to a claim that is filed before September 24, 1993, by a city, county, or district that is eligible for payment pursuant to Section 25299.54 in the following manner: (1) The board shall determine whether the priority category specified for a city, county, or district pursuant to subparagraph (B) of paragraph (2), or pursuant to subparagraph (B) of paragraph (3), of subdivision (b) requires that the priority ranking of the claim be changed. (2) If the priority ranking of the claim is changed and the claim is placed into either the priority category specified in subparagraph (B) of paragraph (2), or specified in subparagraph (B) of paragraph (3), of subdivision (b), the board shall pay all other claims that were assigned to that priority category prior to January 1, 2000, before paying the claim of the city, county, or district. (e) The board may, to carry out the intent specified in paragraph (1) of subdivision (b) of Section 25299.10 and to expedite the processing and awarding of claims pursuant to Sections 25299.57 and 25299.58, implement the contracting procedures required by Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, as may be necessary, to alleviate the claims processing and award backlog. If, at the conclusion of any fiscal year, 25 percent or more of the funds appropriated annually for awards to claimants during that year have not actually been obligated by the board, the board shall, at its next regularly scheduled meeting, determine, in a public hearing, whether, given the circumstances of the awards backlog, it is appropriate to implement those contracting procedures for some, or all, of the claims filed with the board. (f) For purposes of this section, the following definitions shall apply: (1) “Nonprofit organization” means a nonprofit public benefit organization incorporated pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. (2) “Annual revenue,” with respect to public entities, means the total annual general purpose revenues, excluding all restricted revenues over which the governing agency has no discretion, as reported in the Annual Report of Financial Transactions submitted to the Controller, for the latest fiscal year ending prior to the date the fund application was filed. (3) “Annual revenue,” with respect to nonprofit organizations, means the total annual revenues, as shown in an annual fiscal report filed with the Registry of Charities and Fundraisers of state and federal tax records, based on the latest fiscal year ending prior to the date the fund application was filed. (4) “General purpose revenues,” as used in paragraph (2), means revenues consisting of all of the following: secured and unsecured revenues; less than countywide funds, secured and unsecured; prior year secured and unsecured penalties and delinquent taxes; sales and use taxes; transportation taxes (nontransit); property transfer taxes; transient lodging taxes; timber yield taxes; aircraft taxes; franchise taxes; fines, forfeitures, and penalties; revenues from use of money and property; motor vehicle in-lieu taxes; trailer coach in-lieu taxes; homeowner property tax relief; open-space tax relief; and cigarette taxes. (Amended by Stats. 2023, Ch. 478, Sec. 56. (AB 1756) Effective January 1, 2024. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  115. 25299.53.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    Before starting corrective action for an unauthorized underground storage tank release, the regional board or local agency must notify the board and get approval for the action and cost estimate.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.53. (a) A regional board or a local agency taking, or contracting for, 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 shall, before commencing the corrective action, take both of the following actions: (1) The regional board or local agency shall notify the board of the planned corrective action. If an owner, operator, or other responsible party is taking the corrective action in accordance with Section 25296.10, the regional board or local agency shall not initiate a corrective action pursuant to this chapter or Chapter 6.7 (commencing with Section 25280). (2) If an owner, operator, or other responsible party is not taking or has not taken the action specified in paragraph (1), the regional board or local agency shall submit the estimated cost of the corrective action to the board, which shall approve or disapprove the reasonableness of the cost estimate. The regional board or local agency shall obtain approval of the corrective action and the cost estimate before taking, or contracting for, any corrective action. (b) If the board approves the request of the regional board or local agency made pursuant to paragraph (2) of subdivision (a), the board shall, after making the determination specified in subdivision (c), pay for the costs of corrective action performed by a regional board, local agency, or qualified contractor. (c) The board shall not make any payment pursuant to subdivision (b) unless the board determines that the owner, operator, or other responsible party of the tank has failed or refused to comply with a final order for corrective action issued pursuant to Section 25296.10 with respect to the unauthorized release of petroleum from the tank. (d) Upon making any payment to a regional board or local agency pursuant to subdivision (b), the board shall recover the amount of payment pursuant to Section 25299.70. (Amended by Stats. 2002, Ch. 999, Sec. 45. Effective January 1, 2003. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  116. 25299.54.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section lets certain petroleum underground storage tank owners or operators ask the board to satisfy a claim, but it bars or limits reimbursement in several eligibility situations and requires some parties to remain responsible for corrective action or repayment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.54. (a) Except as provided in subdivisions (b), (c), (d), (e), (g), and (h), an owner or operator, required to perform corrective action pursuant to Section 25296.10, or an owner or operator who, as of January 1, 1988, is required to perform corrective action, who has initiated this action in accordance with Division 7 (commencing with Section 13000) of the Water Code, who is undertaking corrective action in compliance with waste discharge requirements or other orders issued pursuant to Division 7 (commencing with Section 13000) of the Water Code, or Chapter 6.7 (commencing with Section 25280), may apply to the board for satisfaction of a claim filed pursuant to this article. (b) A person who has failed to comply with Article 3 (commencing with Section 25299.30) is ineligible to file a claim pursuant to this section. (c) An owner or operator of an underground storage tank containing petroleum is ineligible to file a claim pursuant to this section if the person meets both of the following conditions: (1) The person knew, before January 1, 1988, of the unauthorized release of petroleum which is the subject of the claim. (2) The person did not initiate, on or before June 30, 1988, any corrective action in accordance with Division 7 (commencing with Section 13000) of the Water Code concerning the release, or the person did not, on or before June 30, 1988, initiate corrective action in accordance with Chapter 6.7 (commencing with Section 25280) or the person did not initiate action on or before June 30, 1988, to come into compliance with waste discharge requirements or other orders issued pursuant to Division 7 (commencing with Section 13000) of the Water Code concerning the release. (d) An owner or operator who violates Section 25296.10 or a corrective action order, directive, notification, or approval order issued pursuant to this chapter, Chapter 6.7 (commencing with Section 25280) of this code, or Division 7 (commencing with Section 13000) of the Water Code, is liable for a corrective action cost that results from the owner’s or operator’s violation and is ineligible to file a claim pursuant to this section. (e) Notwithstanding this chapter, a person who owns a tank located underground that is used to store petroleum may apply to the board for satisfaction of a claim, and the board may pay the claim pursuant to Section 25299.57 without making the finding specified in paragraph (3) of subdivision (d) of Section 25299.57 if all of the following apply: (1) The tank meets one of the following requirements: (A) The tank is located at the residence of a person on property used exclusively for residential purposes at the time of discovery of the unauthorized release of petroleum. (B) The tank owner demonstrates that the tank is located on property that, on and after January 1, 1985, is not used for agricultural purposes, the tank is of a type specified in subparagraph (B) of paragraph (1) of subdivision (y) of Section 25281, and the petroleum in the tank is used solely for the purposes specified in subparagraph (B) of paragraph (1) of subdivision (y) of Section 25281 on and after January 1, 1985. (2) The tank is not a tank described in subparagraph (A) of paragraph (1) of subdivision (y) of Section 25281 and the tank is not used on or after January 1, 1985, for the purposes specified in that subparagraph. (3) The claimant has complied with Section 25299.31 and the permit requirements of Chapter 6.7 (commencing with Section 25280), or the claimant is not subject to the requirements of those provisions. (f) Whenever the board has authorized the prepayment of a claim pursuant to Section 25299.57, and the amount of money available in the fund is insufficient to pay the claim, the owner or operator shall remain obligated to undertake the corrective action in accordance with Section 25296.10. (g) The board shall not reimburse a claimant for any eligible costs for which the claimant has been, or will be, compensated by another person. This subdivision does not affect reimbursement of a claimant from the fund under either of the following circumstances: (1) The claimant has a written contract, other than an insurance contract, with another person that requires the claimant to reimburse the person for payments the person has provided the claimant pending receipt of reimbursement from the fund. (2) An insurer has made payments on behalf of the claimant pursuant to an insurance contract and either of the following applies: (A) The insurance contract explicitly coordinates insurance benefits with the fund and requires the claimant to do both of the following: (i) Maintain the claimant’s eligibility for reimbursement of costs pursuant to this chapter by complying with all applicable eligibility requirements. (ii) Reimburse the insurer for costs paid by the insurer pending reimbursement of those costs by the fund. (B) The claimant received a letter of commitment prior to June 30, 1999, for the occurrence and the claimant is required to reimburse the insurer for any costs paid by the insurer pending reimbursement of those costs by the fund. (h) (1) Except as provided in paragraph (2), a person who purchases or otherwise acquires real property on which an underground storage tank or tank specified in subdivision (e) is situated shall not be reimbursed by the board for a cost attributable to an occurrence that commenced prior to the acquisition of the real property if both of the following conditions apply: (A) The purchaser or acquirer knew, or in the exercise of reasonable diligence would have discovered, that an underground storage tank or tank specified in subdivision (e) was located on the real property being acquired. (B) A person who owned the site or owned or operated an underground storage tank or tank specified in subdivision (e) at the site during or after the occurrence and prior to acquisition by the purchaser or acquirer would not have been eligible for reimbursement from the fund. (2) Notwithstanding paragraph (1), if the claim is filed on or after January 1, 2003, the board may reimburse the eligible costs claimed by a person who purchases or otherwise acquires real property on which an underground storage tank or tank specified in subdivision (e) is situated, if all of the following conditions apply: (A) The claimant is the owner or operator of the underground storage tank or tank specified in subdivision (e) that had an occurrence that commenced prior to the owner’s acquisition of the real property. (B) The claimant satisfies all eligibility requirements, other than those specified in paragraph (1). (C) The claimant is not an affiliate of a person whose act or omission caused or would cause ineligibility for the fund. (3) If the board reimburses a claim pursuant to paragraph (2), a person specified in subparagraph (B) of paragraph (1), other than a person who is ineligible for reimbursement from the fund solely because the property was acquired from another person who was ineligible for reimbursement from the fund, shall be liable for the amount paid from the fund. The Attorney General, upon request of the board, shall bring a civil action to recover the liability imposed under this paragraph. All money recovered by the Attorney General under this paragraph shall be deposited in the fund. (4) The liability established pursuant to paragraph (3) does not limit or supersede liability under any other provision of state or federal law, including common law. (5) For purposes of this subdivision, the following definitions shall apply: (A) “Affiliate” means a person who has one or more of the following relationships with another person: (i) Familial relationship. (ii) Fiduciary relationship. (iii) A relationship of direct or indirect control or shared interests. (B) Affiliates include, but are not limited to, any of the following: (i) Parent corporation and subsidiary. (ii) Subsidiaries that are owned by the same parent corporation. (iii) Business entities involved in a reorganization, as defined in Section 181 of the Corporations Code. (iv) Corporate officer and corporation. (v) Shareholder that owns a controlling block of voting stock and the corporation. (vi) Partner and the partnership. (vii) Member and a limited liability company. (viii) Franchiser and franchisee. (ix) Settlor, trustee, and beneficiary of a trust. (x) Debtor and bankruptcy trustee or debtor-in-possession. (xi) Principal and agent. (C) “Familial relationship” means relationships between family members, including, and limited to, a spouse, child, stepchild, parent, grandparent, grandchild, brother, sister, stepbrother, stepsister, stepmother, stepfather, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, and, if related by blood, uncle, aunt, niece, or nephew. (D) “Purchases or otherwise acquires real property” means the acquisition of fee title ownership or the acquisition of the lessee’s interest in a ground lease of real property on which one or more underground storage tanks are located if the lease has an initial original term, including unilateral extension or renewal rights, of not less than 35 years. (i) The Legislature finds and declares that the changes made to subparagraph (A) of paragraph (1) of subdivision (e) by Chapter 1290 of the Statutes of 1992 are declaratory of existing law. (j) The Legislature finds and declares that the amendment of subdivisions (a) and (g) by Chapter 328 of the Statutes of 1999 is declaratory of existing law. (Amended by Stats. 2016, Ch. 50, Sec. 54. (SB 1005) Effective January 1, 2017. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  117. 25299.55.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must prescribe claim forms and procedures, and claimants must verify claims, describe the petroleum release with agency evidence, and certify corrective-action costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.55. The board shall prescribe appropriate forms and procedures for claims filed pursuant to Section 25299.54 that shall include, at a minimum, all of the following: (a) A provision requiring the claimant to make a sworn verification of the claim to the best of the claimant’s knowledge. (b) A full description, supported by appropriate evidence from government agencies, of the unauthorized release of petroleum into the environment from an underground storage tank claimed to be the subject of the third-party judgment specified in Section 25299.58 or the corrective action performed pursuant to Section 25296.10. (c) Certification by the claimant of all costs that have been, or will be, incurred in undertaking corrective action after January 1, 1988. (Amended by Stats. 2002, Ch. 999, Sec. 47. Effective January 1, 2003. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  118. 25299.56.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must decide claim eligibility and notify the applicant within 60 days, and claimants can seek review and court mandate review within specified deadlines.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.56. (a) The board shall determine an applicant’s eligibility for a claim for corrective action costs or third-party compensation costs pursuant to Section 25299.57 or 25299.58 and notify the applicant of that determination within 60 days from the date of the receipt of the fund application. The board may classify the claimant’s application pursuant to Section 25299.52 after that 60-day period. If the board sends an applicant a determination of eligibility pursuant to this subdivision, the board shall not revoke that determination of eligibility, unless the application contained fraudulent information or a misrepresentation. However, the board may suspend making a reimbursement for a claim until the claimant corrects any deficiencies that are the basis for the suspension. Reinstatement of reimbursement shall occur when funds are available and that reinstatement shall be made ahead of any new letters of commitment issued as of the date of reinstatement. (b) A claimant may request review of any determination of eligibility or disapproval of reimbursement. The review shall be conducted and a decision rendered within 30 days from the date of receipt of the request. (c) A claimant may file a petition for review, in writing, with the board with regard to any determination or disapproval that is unresolved to the satisfaction of the claimant upon expiration of the 30-day period specified in subdivision (b) and the board shall take final action on the petition within 90 days of the board’s receipt of a complete petition for review, except that if the board initiates an adjudicative proceeding on the petition, the board shall take final action within 270 days of the board’s receipt of a complete petition for review. (d) Final action on a petition taken by the board is a final agency action for the purposes of judicial review of a board decision. (e) A claimant may, not later than 30 days from the date of final action by the board pursuant to subdivision (c), file with the superior court a petition for writ of mandate for review of the decision. If the claimant does not file a petition for writ of mandate within the time provided by this subdivision, a board decision shall not be subject to review by the court. Section 1094.5 of the Code of Civil Procedure shall govern the proceeding for a petition filed pursuant to this subdivision. For purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall uphold the decision if the decision is based upon substantial evidence in light of the whole record. (f) Except as specified in subdivision (g), the procedures in Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and in Section 11513 of, the Government Code apply to any adjudicative proceedings conducted by the board pursuant to this article. (g) (1) Notwithstanding subdivision (f), Sections 801, 802, 803, 804, and 805 of the Evidence Code apply to any adjudicative proceeding conducted by the board pursuant to this article. (2) This section is not a limitation on the authority of the board to authorize the use of the procedure provided in Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2014, Ch. 544, Sec. 11. (SB 1458) Effective January 1, 2015. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  119. 25299.57.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section sets rules for when the board may pay Underground Storage Tank Cleanup Fund claims, what claimants must submit or prove, and when claims are limited or time-barred.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.57. (a) (1) If the board makes the determination specified in subdivision (d) for a claim filed on or before December 31, 2014, the board may only pay for the costs of a corrective action that exceed the level of financial responsibility required to be obtained pursuant to Section 25299.32, but not more than one million five hundred thousand dollars ($1,500,000) for each occurrence. (2) If the board makes the determination specified in subdivision (d) for a claim filed on or after January 1, 2015, the board may only pay for the costs of a corrective action that exceed the level of financial responsibility required to be obtained pursuant to Section 25299.32, but not more than one million dollars ($1,000,000) for each occurrence. (3) In the case of an owner or operator who, as of January 1, 1988, was required to perform corrective action, who initiated that corrective action in accordance with Division 7 (commencing with Section 13000) of the Water Code or Chapter 6.7 (commencing with Section 25280), and who is undertaking the corrective action in compliance with waste discharge requirements or other orders issued pursuant to Division 7 (commencing with Section 13000) of the Water Code or Chapter 6.7 (commencing with Section 25280), the owner or operator may apply to the board for satisfaction of a claim filed pursuant to this article. (4) The board shall notify claimants applying for satisfaction of claims from the fund of eligibility for reimbursement in a prompt and timely manner and that a letter of credit or commitment that will obligate funds for reimbursement shall follow the notice of eligibility as soon thereafter as possible. (b) (1) For claims eligible for reimbursement pursuant to subdivision (c) of Section 25299.55, the claimant shall submit the actual cost of corrective action to the board, which shall either approve or disapprove the costs incurred as reasonable and necessary. At least 15 days before the board proposes to disapprove the reimbursement of corrective action costs that have been incurred on the grounds that the costs were unreasonable or unnecessary, the board shall issue a notice advising the claimant and the lead agency of the proposed disallowance, to allow review and comment. (2) The board shall not reject any actual costs of corrective action in a claim solely on the basis that the invoices submitted fail to sufficiently detail the actual costs incurred, if all of the following apply: (A) Auxiliary documentation is provided that documents to the board’s satisfaction that the invoice is for necessary corrective action work. (B) The costs of corrective action work in the claim are reasonably commensurate with similar corrective action work performed during the same time period covered by the invoice for which reimbursement is sought. (C) The invoices include a brief description of the work performed, the date that the work was performed, the vendor, and the amount. (c) (1) For claims eligible for prepayment pursuant to subdivision (c) of Section 25299.55, the claimant shall submit the estimated cost of the corrective action to the board, which shall approve or disapprove the reasonableness of the cost estimate. (2) If the claim is for reimbursement of costs incurred pursuant to a performance-based contract, Article 6.5 (commencing with Section 25299.64) shall apply to that claim. (d) Except as provided in subdivision (j), a claim specified in subdivision (a) may be paid if the board makes all of the following findings: (1) There has been an unauthorized release of petroleum into the environment from an underground storage tank. (2) The claimant is required to undertake or contract for corrective action pursuant to Section 25296.10, under the federal act, or under Section 6973 of Title 42 of the United States Code, or, as of January 1, 1988, the claimant has initiated corrective action in accordance with Division 7 (commencing with Section 13000) of the Water Code. (3) The claimant has complied with Section 25299.31. (4) (A) Except as provided in subparagraphs (B), (C), and (F), the claimant has complied with the permit requirements of Chapter 6.7 (commencing with Section 25280). A claimant shall obtain a permit required by subdivision (a) of Section 25284 for the underground storage tank that is the subject of the claim when the claimant becomes subject to subdivision (a) of Section 25284 or when the applicable local agency begins issuing permits pursuant to subdivision (a) of Section 25284, whichever occurs later. For the purpose of this subparagraph, a claimant shall demonstrate compliance with the permit requirements of Chapter 6.7 (commencing with Section 25280) by submitting copies of the required permits. If copies of the required permits are unavailable, the claimant may certify that the claimant obtained the required permits but no longer has copies of them and provide any other documentation tending to show that the claimant obtained the required permits, including, but not limited to, approved permit applications, records of payment of permit fees, and inspection reports. In determining whether a claimant has complied with the permit requirements of Chapter 6.7 (commencing with Section 25280), the board shall consider all available documentation, including any documentation available from the applicable local agency regarding the claimant’s compliance with the permit requirements of Chapter 6.7 (commencing with Section 25280). (B) A claimant who acquires real property on which an underground storage tank is situated and, despite the exercise of reasonable diligence, was unaware of the existence of the underground storage tank when the real property was acquired, has obtained a permit required by subdivision (a) of Section 25284 for the underground storage tank that is the subject of the claim within a reasonable period, not to exceed one year, from when the claimant should have become aware of the existence of the underground storage tank, or when the applicable local agency began issuing permits pursuant to Section 25284, whichever occurs later. (C) All claimants who file their claim on or after January 1, 2008, and who do not obtain a permit required by subdivision (a) of Section 25284 in accordance with subparagraph (A) or (B) may seek a waiver of the requirement to obtain a permit. The board shall waive the provisions of subparagraphs (A) and (B) as a condition for payment from the fund if the board finds all of the following: (i) The claimant was unaware of the permit requirement, and upon becoming aware of the permit requirement, the claimant complies with either subdivision (a) of Section 25284 or Section 25298 and the regulations adopted to implement those sections within a reasonable period, not to exceed one year, from when the claimant became aware of the permit requirement. (ii) Prior to submittal of the application to the fund, the claimant has complied with Section 25299.31 and has obtained and paid for all permits currently required by this paragraph. (iii) Prior to submittal of the application to the fund, the claimant has paid all fees, interest, and penalties imposed pursuant to Article 5 (commencing with Section 25299.40) of this chapter and Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code for the underground storage tank that is the subject of the claim. (D) (i) A claimant exempted pursuant to subparagraph (C) and who has complied, on or before December 22, 1998, either with subdivision (a) of Section 25284 or Section 25298 and the regulations adopted to implement those sections, shall obtain a level of financial responsibility twice as great as the amount that the claimant is otherwise required to obtain pursuant to subdivision (a) of Section 25299.32, but not less than ten thousand dollars ($10,000). All other claimants exempted pursuant to subparagraph (C) shall obtain a level of financial responsibility that is four times as great as the amount that the claimant is otherwise required to obtain pursuant to subdivision (a) of Section 25299.32, but not less than twenty thousand dollars ($20,000). (ii) The board may waive the requirements of clause (i) if the claimant can demonstrate that the conditions specified in clauses (i) to (iii), inclusive, of subparagraph (C) were satisfied prior to the causing of any contamination. That demonstration may be made through a certification issued by the permitting agency based on a site evaluation and tank tests at the time of permit application or in any other manner acceptable to the board. (E) All claimants who file a claim before January 1, 2008, and who are not eligible for a waiver of the permit requirements pursuant to applicable statutes or regulations in effect on the date of the filing of the claim may resubmit a new claim pursuant to subparagraph (C) on or after January 1, 2008. The board shall rank all claims resubmitted pursuant to subparagraph (C) lower than all claims filed before January 1, 2008, within their respective priority classes specified in subdivision (b) of Section 25299.52. (F) The board shall waive the provisions of subparagraph (A) as a condition for payment from the fund for a claimant who filed a claim on or after January 1, 2008, and before July 1, 2009, but is not eligible for a waiver of the permit requirement pursuant to the regulations adopted by the board in effect on the date of the filing of the claim, and who did not obtain or apply for a permit required by subdivision (a) of Section 25284, if the board finds all of the following: (i) The claim is filed pursuant to paragraph (2) of subdivision (h) of Section 25299.54 and the claim otherwise satisfies the eligibility requirements of that paragraph. (ii) The claimant became the owner or de facto owner of an underground storage tank prior to December 22, 1998. (iii) The claimant did not, and does not, operate the underground storage tank. (iv) Within three years after becoming the owner or de facto owner of the underground storage tank but not after December 22, 1998, the claimant caused the underground storage tank to be removed and closed in accordance with applicable law, and commenced no later than December 22, 1998, to perform corrective action pursuant to Section 25296.10 of this code or pursuant to Division 7 (commencing with Section 13000) of the Water Code. (G) The board shall rank all claims submitted pursuant to subparagraph (F) in their respective priority classes specified in subdivision (b) of Section 25299.52 in the order in which the claims are received by the board, but subsequent to any claim filed on a previous date in each of those priority classes. (H) For purposes of clauses (ii) and (iv) of subparagraph (F), “de facto owner of an underground storage tank” means a person who purchases or otherwise acquires real property, as defined in subparagraph (D) of paragraph (5) of subdivision (h) of Section 25299.54, and has actual possession of, and control over, an underground storage tank that has been abandoned by its previous owner. (5) The board has approved either the costs incurred for the corrective action pursuant to subdivision (b) or the estimated costs for corrective action pursuant to subdivision (c). (6) (A) The claimant has paid all fees, interest, and penalties imposed pursuant to Article 5 (commencing with Section 25299.40) and Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code, for the underground storage tank that is the subject of the claim. (B) The board may accept a claimant’s statement certifying to the best of the claimant’s knowledge that payment was made to the State Board of Equalization to demonstrate satisfaction of the requirements of subparagraph (A) if both of the following apply: (1) Records maintained by the State Board of Equalization show that fees and, if applicable, interest and penalties, have been paid by the claimant for the period corresponding to the claimant’s ownership or operation of the tank that is the subject of the claim. (2) The State Board of Equalization and the claimant are not able to document that the payments received by the State Board of Equalization were or were not specifically related to the tank that is the subject of the claim. (e) The board shall provide the claimant, whose cost estimate has been approved, a letter of commitment authorizing payment of the costs from the fund. (f) The claimant may submit a request for partial payment to cover the costs of corrective action performed in stages, as approved by the board. (g) (1) A claimant who submits a claim for payment to the board shall submit multiple bids for prospective costs as prescribed in regulations adopted by the board pursuant to Section 25299.77. (2) A claimant who submits a claim to the board for the payment of professional engineering and geologic work shall submit multiple proposals and fee estimates, as required by the regulations adopted by the board pursuant to Section 25299.77. The claimant’s selection of the provider of these services is not required to be based on the lowest estimated fee, if the fee estimate conforms with the range of acceptable costs established by the board. (3) A claimant who submits a claim for payment to the board for remediation construction contracting work shall submit multiple bids, as required in the regulations adopted by the board pursuant to Section 25299.77. (4) Paragraphs (1), (2), and (3) do not apply to a tank owned or operated by a public agency if the prospective costs are for private professional services within the meaning of Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code and those services are procured in accordance with the requirements of that chapter. (h) The board shall provide, upon the request of a claimant, assistance to the claimant in the selection of contractors retained by the claimant to conduct reimbursable work related to corrective actions. The board shall develop a summary of expected costs for common corrective actions. This summary of expected costs may be used by claimants as a guide in the selection and supervision of consultants and contractors. (i) (1) To the extent funding is available, the board shall pay, within 60 days from the date of receipt of an invoice of expenditures, all costs specified in the work plan developed pursuant to Section 25296.10, and all costs that are otherwise necessary to comply with an order issued by a local, state, or federal agency. (2) If corrective action costs, third-party compensation costs, or regulatory technical assistance costs submitted by a claimant are approved for reimbursement by the board but funding is not available for payment to the claimant at the time of approval, the board shall reimburse carrying costs incurred by the claimant after November 7, 2008, but before June 30, 2010, subject to all of the following limitations: (A) The reimbursement for carrying costs shall not exceed the carrying costs actually incurred by the claimant from the date the corrective action costs, third-party compensation costs, or regulatory technical assistance costs are approved for payment by the board until the date that a check for the reimbursement request is issued by the Controller. (B) The reimbursement for carrying costs shall not exceed an amount equivalent to a maximum annual percentage rate of 7 percent as applied to the amount approved for reimbursement and for the period calculated pursuant to subparagraph (A). (C) The board shall not reimburse carrying costs that amount to less than one hundred dollars ($100) per reimbursement request. (D) The board shall not reimburse carrying costs that exceed 9 percent of the total amount of costs approved for the reimbursement to which the carrying costs apply. (E) A claimant may submit a request for reimbursement of carrying costs after receipt of fund reimbursement for the corrective action costs, third-party compensation costs, or regulatory technical assistance costs to which the carrying costs apply. Additional carrying costs associated with a reimbursement request for carrying costs submitted pursuant to this paragraph are not eligible for payment. (F) This paragraph does not apply to tank owners or operators that are not described in paragraph (1), (2), or (3) of subdivision (b) of Section 25299.52. (3) For the purposes of paragraph (2), “carrying cost” means the interest expense incurred by a claimant to acquire money to pay costs approved for reimbursement by the board but for which reimbursement is delayed because funds are unavailable. (j) (1) The board shall pay a claim of not more than five thousand dollars ($5,000) per occurrence for regulatory technical assistance to an owner or operator who is otherwise eligible for reimbursement under this chapter, except that reasonable and necessary regulatory technical assistance costs associated with the electronic submission of documents to the fund using an electronic data system approved by the board shall not be subject to this limit. (2) For the purposes of this subdivision, regulatory technical assistance is limited to assistance from a person, other than the claimant, in the preparation and submission of a claim to the fund. Regulatory technical assistance does not include assistance in connection with proceedings under Section 25296.40, 25299.39.2, or 25299.56 or any action in court. (k) (1) Notwithstanding any other provision of this section, the board shall pay a claim pursuant to paragraph (2) or (3) for the costs of corrective action to a person who owns property on which is located a release from a petroleum underground storage tank that has been removed, if the site has been the subject of a completed corrective action, and for which additional corrective action is required because of additionally discovered contamination from the previous release. (2) (A) The board shall pay a claim pursuant to this paragraph if the person who carried out the earlier and completed corrective action was eligible for, and applied for, reimbursement pursuant to subdivision (b). (B) Reimbursement for additional corrective action shall be available only to the extent that the amount of reimbursement for the earlier corrective action did not exceed the amount of reimbursement authorized by subdivision (a). (C) Reimbursement to a claimant on a reopened site pursuant to this paragraph shall occur when funds are available, and the reimbursement commitment shall be made ahead of any new letters of commitment to be issued, as of the date of the reopening of the claim, if funding has occurred on the original claim. (D) If funding has not occurred on the original claim, funding shall occur at the time it would have occurred under the original claim. (3) (A) The board may reimburse a claim pursuant to this paragraph if all of the following conditions are satisfied: (i) The person who carried out the earlier and completed corrective action did not apply for reimbursement pursuant to subdivision (b). (ii) The person who owns the property is required to perform corrective action because of additionally discovered contamination. (iii) The person who owns the property is the owner or operator of an underground storage tank located on the property at the time of application to the fund. (iv) The person who owns the property is in compliance with the requirements to pay the fee pursuant to Article 5 (commencing with Section 25299.40). (v) The person who owns the property is in compliance with the requirements to obtain a permit pursuant to Chapter 6.7 (commencing with Section 25280). (B) The board shall assign the person submitting a claim pursuant to this paragraph a priority ranking consistent with the categories described in Section 25299.52. (C) The board shall limit reimbursement for a claim pursuant to this paragraph to the amounts described in Section 25299.59 and for the incurred corrective action costs that are necessary and reasonable. (4) For purposes of this subdivision, a corrective action is completed when the local agency or regional board with jurisdiction over the site or the board issues a closure letter pursuant to subdivision (g) of Section 25296.10. (l) (1) Except as provided in subdivision (m), claims for reimbursement of corrective action costs that are received by the board more than 365 days after the date of issuance of a closure letter issued pursuant to subdivision (g) of Section 25296.10 or after the issuance or activation of a letter of commitment, whichever occurs later, shall not be reimbursed unless either of the following applies: (A) Claims for corrective action costs are submitted to the board pursuant to subdivision (k). (B) The board finds that submission within the time period specified in this paragraph was beyond the claimant’s reasonable control, ongoing work is required for closure that will result in submission of claims beyond that time period, or that under the circumstances of the particular case, it would be unreasonable or inequitable to impose the time period specified in this paragraph. (2) This section does not limit or abrogate the rights of a claimant in disputing reimbursement determinations or suspension of claims. (3) For cases that have been issued a closure letter pursuant to subdivision (g) of Section 25296.10 prior to January 1, 2012, the board shall notify claimants of the 365-day filing deadline specified in paragraph (1) on or before March 31, 2012, or upon issuance of a letter of commitment, whichever occurs later. (m) (1) The board shall not reimburse a claim for reimbursement of a corrective action cost that is received by the board more than two years after the date the cost was incurred or more than two years after the date of the issuance or activation of a letter of commitment, whichever occurs later, except under one or both of the following conditions: (A) The board may reimburse a claim for a cost incurred before January 1, 2015, by a claimant that has an active letter of commitment on January 1, 2015, that was received by the board on or before December 31, 2015, or within two years of the date the cost was incurred, whichever occurs later. (B) The executive director finds that submission within the time period specified in this subdivision was beyond the claimant’s reasonable control or that, under the circumstances of the particular case, it would be unreasonable or inequitable to impose the time period specified in this subdivision. (2) For the purposes of this subdivision, a cost is incurred on the date that the task to be paid for is completed. (Amended by Stats. 2023, Ch. 561, Sec. 7. (AB 1115) Effective January 1, 2024. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  120. 25299.58.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section limits when the board may reimburse or pay underground storage tank cleanup claims and sets permit, fee, and financial responsibility conditions for claimants.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.58. (a) Except as provided in subdivision (d), if the board makes the determination specified in subdivision (b), the board may reimburse only those costs that are related to the compensation of third parties for bodily injury and property damages and that exceed the level of financial responsibility required to be obtained pursuant to Section 25299.32, but not more than one million dollars ($1,000,000) for each occurrence. (b) A claim may be paid if the board makes all of the following findings: (1) There has been an unauthorized release of petroleum into the environment from an underground storage tank. (2) The claimant has been ordered to pay a settlement or final judgment for third-party bodily injury or property damage arising from operating an underground storage tank. (3) The claimant has complied with Section 25299.31. (4) (A) Except as provided in subparagraphs (B) and (C), the claimant has complied with the permit requirements of Chapter 6.7 (commencing with Section 25280). A claimant shall obtain a permit required by subdivision (a) of Section 25284 for the underground storage tank that is the subject of the claim when the claimant becomes subject to subdivision (a) of Section 25284 or when the applicable local agency begins issuing permits pursuant to subdivision (a) of Section 25284, whichever occurs later. For the purpose of this subparagraph, a claimant shall demonstrate compliance with the permit requirements of Chapter 6.7 (commencing with Section 25280) by submitting copies of the required permits. If copies of the required permits are unavailable, the claimant may certify that the claimant obtained the required permits but no longer has copies of them and provide any other documentation tending to show that the claimant obtained the required permits, including, but not limited to, approved permit applications, records of payment of permit fees, and inspection reports. In determining whether a claimant has complied with the permit requirements of Chapter 6.7 (commencing with Section 25280), the board shall consider all available documentation, including any documentation available from the applicable local agency regarding the claimant’s compliance with the permit requirements of Chapter 6.7 (commencing with Section 25280). (B) A claimant who acquires real property on which an underground storage tank is situated and, despite the exercise of reasonable diligence, was unaware of the existence of the underground storage tank when the real property was acquired, has obtained a permit required by subdivision (a) of Section 25284 for the underground storage tank that is the subject of the claim within a reasonable period, not to exceed one year, from when the claimant should have become aware of the existence of the underground storage tank, or when the applicable local agency began issuing permits pursuant to Section 25284, whichever occurs later. (C) All claimants who file their claim on or after January 1, 2008, and who do not obtain a permit required by subdivision (a) of Section 25284 in accordance with subparagraph (A) or (B) may seek a waiver of the requirement to obtain a permit. The board shall waive the provisions of subparagraphs (A) and (B) as a condition for payment from the fund if the board finds all of the following: (i) The claimant was unaware of the permit requirement, and upon becoming aware of the permit requirement, the claimant complies with subdivision (a) of Section 25284 or Section 25298 and the regulations adopted to implement those sections within a reasonable period, not to exceed one year, from when the claimant became aware of the permit requirement. (ii) Prior to submittal of the application to the fund, the claimant has complied with Section 25299.31 and has obtained and paid for all permits currently required by this paragraph. (iii) Prior to submittal of the application to the fund, the claimant has paid all fees, interest, and penalties imposed pursuant to Article 5 (commencing with Section 25299.40) of this chapter and Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code for the underground storage tank that is the subject of the claim. (D) (i) A claimant who is exempted pursuant to subparagraph (C) and who has complied, on or before December 22, 1998, with subdivision (a) of Section 25284 or Section 25298 and the regulations adopted to implement those sections, shall obtain a level of financial responsibility in an amount twice as great as the amount that the claimant is otherwise required to obtain pursuant to subdivision (a) of Section 25299.32, but in no event less than ten thousand dollars ($10,000). All other claimants exempted pursuant to subparagraph (C) shall obtain a level of financial responsibility that is four times as great as the amount that the claimant is otherwise required to obtain pursuant to subdivision (a) of Section 25299.32, but in no event less than twenty thousand dollars ($20,000). (ii) The board may waive the requirements of clause (i) if the claimant can demonstrate that the conditions specified in clauses (i) to (iii), inclusive, of subparagraph (C) were satisfied prior to any contamination having been caused. The demonstration may be made through a certification issued by the permitting agency based on a site evaluation and tank tests at the time of permit application or in any other manner as may be acceptable to the board. (E) All claimants who file a claim before January 1, 2008, and who are not eligible for a waiver of the permit requirements pursuant to applicable statutes or regulations in effect on the date of the filing of the claim may resubmit a new claim pursuant to subparagraph (C) on or after January 1, 2008. The board shall rank all claims resubmitted pursuant to subparagraph (C) lower than all claims filed before January 1, 2008, within their respective priority classes specified in subdivision (b) of Section 25299.52. (5) The claimant is required to undertake or contract for corrective action pursuant to Section 25296.10, under the federal act, or under Section 6973 of Title 42 of the United States Code, or, as of January 1, 1988, the claimant has initiated corrective action in accordance with Division 7 (commencing with Section 13000) of the Water Code or Chapter 6.7 (commencing with Section 25280). (6) (A) The claimant has paid all fees, interest, and penalties imposed pursuant to Article 5 (commencing with Section 25299.40) of this chapter and Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code for the underground storage tank that is the subject of the claim. (B) The board may accept a claimant’s statement certifying to the best of the claimant’s knowledge that payment was made to the State Board of Equalization to demonstrate satisfaction of the requirements of subparagraph (A) if both of the following apply: (1) Records maintained by the State Board of Equalization show that fees and, if applicable, interest and penalties, have been paid by the claimant for the period corresponding to the claimant’s ownership or operation of the tank that is the subject of the claim. (2) The State Board of Equalization and the claimant are not able to document that the payments received by the State Board of Equalization were or were not specifically related to the tank that is the subject of the claim. (c) A claimant may be reimbursed by the fund for compensation of third parties for only the following: (1) Medical expenses. (2) Actual lost wages or business income. (3) Actual expenses for remedial action to remedy the effects of damage to the property of the third party caused by the unauthorized release of petroleum from an underground storage tank. (4) The fair market value of the property rendered permanently unsuitable for use by the unauthorized release of petroleum from an underground storage tank. (d) The board shall pay a claim submitted by a person eligible to submit a claim pursuant to subdivision (e) of Section 25299.54 for the costs related to the compensation of third parties for bodily injury and property damages that exceed the level of financial responsibility required to be obtained pursuant to paragraph (2) of subdivision (a) of Section 25299.32, but not more than one million dollars ($1,000,000) for each occurrence. (Amended by Stats. 2023, Ch. 561, Sec. 8. (AB 1115) Effective January 1, 2024. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  121. 25299.59.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board may audit corrective action claims, but it cannot pay or reimburse claims above the stated caps. Claimants must repay disallowed costs and keep claim records for three years after final payment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.59. (a) If the board has paid out of the fund for any costs of corrective action, the board shall not pay any other claim out of the fund for the same costs. (b) (1) Notwithstanding Sections 25299.57 and 25299.58, for a claim filed on or before December 31, 2014, the board shall not reimburse or authorize prepayment of any claim in an aggregate amount exceeding one million five hundred thousand dollars ($1,500,000), less the minimum level of financial responsibility specified in Section 25299.32, for a claim arising from the same event or occurrence. If a claim exceeds one million dollars ($1,000,000) for an occurrence, the board may only reimburse costs submitted pursuant to Section 25299.57 for those costs in excess of one million dollars ($1,000,000). (2) If a claim is filed on or after January 1, 2015, the board shall not reimburse or authorize prepayment of the claim in an aggregate amount exceeding one million dollars ($1,000,000), less the minimum level of financial responsibility specified in Section 25299.32, for a claim arising from the same event or occurrence. (c) The board may conduct an audit of any corrective action claim honored pursuant to this chapter. The claimant shall reimburse the state for any costs disallowed in the audit. A claimant shall preserve, and make available, upon request of the board or the board’s designee, all records pertaining to the corrective action claim for a period of three years after the final payment is made to the claimant. (Amended by Stats. 2014, Ch. 547, Sec. 18. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  122. 25299.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    An owner or operator who must prepare certain accident, spill prevention, or response plans may choose to use the format adopted under Section 25503.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.6. An owner or operator who is required to prepare an accident or spill prevention plan or response plan pursuant to this chapter or pursuant to an underground storage tank ordinance adopted by a city or county may, if the owner or operator elects to do so, use the format adopted pursuant to Section 25503.4. (Added by Stats. 1993, Ch. 630, Sec. 5. Effective January 1, 1994.)
  123. 25299.60.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board may pay cleanup fund claims only from the fund and only within the section’s limits; it cannot pay claims that exceed available fund money, and it may grant an exemption if stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.60. (a) The board shall not pay any claims against or presented to the fund pursuant to this article if the claim exceeds the total money in the fund at any one time. The board shall pay these claims only when additional money is collected, appropriated, or otherwise added to the fund. If the total claims outstanding at any time exceed the current balance of the fund, the board shall pay these claims in full to the extent authorized pursuant to this article. (b) Any claim filed against the fund pursuant to this article may be paid only out of the fund. This chapter does not authorize the payment by the state of any additional amount with respect to any claim out of any source other than the fund. (c) (1) Except as provided in paragraph (2), notwithstanding this article, the board shall not pay out any claims pursuant to this article to a claimant if the total amount paid to the claimant is greater than 5 percent of the total amount annually appropriated by the Legislature from the fund for purposes of paying claims pursuant to this article. For purposes of determining the total amount paid to a claimant for purposes of this section, the board shall include any payments made to any person or entity which has a relationship with the claimant specified in subsection (b) of Section 267 of Title 26 of the United States Code. (2) The board may exempt a claim from the requirements of paragraph (1) if the board determines all of the following: (A) The exemption would provide for an equitable and timely use of available fund moneys. (B) The exemption would help to ensure an efficient petroleum underground storage tank cleanup program that adequately protects public health and safety and the environment. (C) All claims subject to the exemption are awarded in accordance with the priority rankings established pursuant to Section 25299.52. (Amended by Stats. 1993, Ch. 432, Sec. 8. Effective September 24, 1993. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  124. 25299.61.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must not pay claims from the fund if they involve an unauthorized petroleum release from an underground storage tank caused by the claimant’s gross negligence, intentional acts, or reckless acts.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.61. The board shall not pay any claims against or presented to the fund pursuant to this article if the claims are in connection with an unauthorized release of petroleum into the environment from an underground storage tank resulting from the gross negligence or the intentional or reckless acts of the claimant. (Added by Stats. 1990, Ch. 1366, Sec. 26. Effective September 27, 1990. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  125. 25299.62.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    When funding is available, approved reimbursement requests must be sent to the Controller within 10 days of approval. If funding is unavailable and a request is approved but not forwarded, the claimant may seek reimbursement for carrying costs for the approved amount.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.62. If funding is available, all reimbursement requests that are approved shall be forwarded to the Controller within 10 days from the date of approval, for payment by the Controller. If a reimbursement request is approved but not forwarded to the Controller because funding is unavailable at the time of approval, the claimant may seek reimbursement for carrying costs actually incurred for the approved amount pursuant to paragraph (2) of subdivision (i) of Section 25299.57. (Amended by Stats. 2009, Ch. 649, Sec. 5. (AB 1188) Effective November 5, 2009. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  126. 25299.63.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section says a person is not required to file a claim against the board under this article before seeking another remedy, and it does not change the need to exhaust administrative remedies before judicial review.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6. Underground Storage Tank Cleanup Fund [25299.50 - 25299.63] ( Article 6 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.63. This article does not require any person to pursue a claim against the board pursuant to this article before seeking any other remedy. This section does not affect the requirement for exhaustion of administrative remedies before obtaining judicial review of any action of the board on a claim or petition for closure of a tank case. (Added by Stats. 1999, Ch. 328, Sec. 21. Effective January 1, 2000. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  127. 25299.64.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6.5. Performance-Based Contract [25299.64 - 25299.66] ( Article 6.5 added by Stats. 2003, Ch. 689, Sec. 3. )

    Verify source ↗

    This section defines key cleanup-contract terms and lets the board pay claims or milestone-based amounts for approved performance-based contracts.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6.5. Performance-Based Contract [25299.64 - 25299.66] ( Article 6.5 added by Stats. 2003, Ch. 689, Sec. 3. ) ## 25299.64. (a) For purposes of this article, the following definitions shall apply: (1) “Baseline concentration” means the initial concentration of a constituent of concern prior to conducting corrective action pursuant to a performance-based contract. (2) “Constituent of concern” means the chemical element, compound, or grouping, including, but not limited to, total petroleum hydrocarbons, as in gasoline, that is present in the soil or groundwater and subject to corrective action. (3) “Performance-based contract” means a written agreement approved by the board between a claimant and an appropriately licensed contractor, where the contractor agrees for a fixed price to take corrective action to reduce the concentrations of designated constituents of concern to specified concentrations. (4) “Remediation milestone” means that a specified reduction in the concentrations of constituents of concern from baseline concentrations has been attained through corrective action. The reduction is expressed as a percentage of the total reduction required by the performance-based contract. (b) The board may pay a claim pursuant to Section 25299.57 to reimburse the cost of a performance-based contract if the board approves the contract as being consistent with this article. (c) A performance-based contract includes, but is not limited to, the total fixed price contract amount, designated constituents of concern, baseline concentrations, and if appropriate, a payment schedule indicating the amount to be paid when specified remediation milestones are attained. (d) The board shall make payments based upon the reduction in the concentrations of designated constituents of concern to specified concentrations. If corrective action is estimated to take six months or more to achieve these concentrations and the remediation technology proposed is a pump-and-treat or other type of mechanical remediation technology, the board may pay a portion of the fixed price based on the attainment of specified remediation milestones or other performance parameters, in the following manner: (1) The first payment shall include the amount of incurred capital costs upon successful installation and startup of the mechanical remediation system. (2) The second payment shall be an amount equal to the agreed upon percent of the total contract price when the 25 percent remediation milestone is attained. (3) The third payment shall be equal to an agreed upon percent of the total contract price when the 50 percent remediation milestone is attained. (4) The fourth payment shall be equal to an agreed upon percent of the total contract price when the 75 percent remediation milestone is attained. (5) The fifth payment shall be equal to an agreed upon percent of the total contract price when the 100 percent remediation milestone is attained. (6) The final payment shall be the amount of the remaining contract price that shall be paid when the 100 percent remediation milestone has been maintained for one year following cessation of all active remediation. (Added by Stats. 2003, Ch. 689, Sec. 3. Effective January 1, 2004. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  128. 25299.65.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6.5. Performance-Based Contract [25299.64 - 25299.66] ( Article 6.5 added by Stats. 2003, Ch. 689, Sec. 3. )

    Verify source ↗

    Claimants must submit multiple bids for a performance-based contract, and the board must help process the bids and may approve certain multisite cleanup contracts.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6.5. Performance-Based Contract [25299.64 - 25299.66] ( Article 6.5 added by Stats. 2003, Ch. 689, Sec. 3. ) ## 25299.65. (a) The claimant shall submit multiple bids for a performance-based contract in accordance with paragraph (1) of subdivision (g) of Section 25299.57 and any regulations adopted by the board to implement that section. (b) To assist claimants in soliciting bids for performance-based contract projects, the board shall advertise bid solicitations for these projects through the board’s Web site. The board shall be the receiving address for the bids, and shall offer other assistance, upon request, in accordance with the regulations adopted pursuant to this chapter. The bids shall be sealed prior to submittal to the board. This subdivision does not prevent the board from approving a performance-based contract covering multisite cleanups, if the board determines that economies of scale will assist claimants in soliciting bids or reducing overall costs. (c) The sites for which the board may consider approving a performance-based contract include, but are not limited to, all of the following: (1) A site that had an unauthorized release reported to the board, the regional board, or local agency five or more years ago and active remediation has not begun. (2) A site where corrective action has been implemented for two or more years pursuant to a corrective action plan that was approved by the board, the regional board, or local agency, but that corrective action has not been effective in reducing the concentrations of the constituents of concern to the satisfaction of that board or agency. (3) A site where corrective action costs are expected to exceed the maximum fund reimbursement amount prior to case closure. (4) A site where the board, the regional board, or local agency has recently determined that an unauthorized release has occurred that has the potential to impact nearby receptors or otherwise cause significant impact to the waters of the state. (5) A site where an unauthorized release of MTBE, as defined in paragraph (2) of subdivision (a) of Section 25299.97, has occurred and corrective action has not been initiated or satisfactorily conducted, as determined by the board, the regional board, or local agency, or according to any regulations adopted pursuant to Section 25296.30. (6) A site where the board, the regional board, or local agency has determined that corrective action other than ongoing monitoring of groundwater is more likely to reduce the concentrations of constituents of concern sooner and at a lower cost. (d) This article does not preclude a claimant from requesting board approval of a performance-based contract to conduct corrective action at the claimant’s site. (Added by Stats. 2003, Ch. 689, Sec. 3. Effective January 1, 2004. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  129. 25299.66.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6.5. Performance-Based Contract [25299.64 - 25299.66] ( Article 6.5 added by Stats. 2003, Ch. 689, Sec. 3. )

    Verify source ↗

    This article says it does not limit the powers and duties that the board, regional board, or local agency already have under other law.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 6.5. Performance-Based Contract [25299.64 - 25299.66] ( Article 6.5 added by Stats. 2003, Ch. 689, Sec. 3. ) ## 25299.66. This article does not limit or abridge the powers and duties granted to the board, the regional board, or local agency pursuant to any other provision of law. (Added by Stats. 2003, Ch. 689, Sec. 3. Effective January 1, 2004. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  130. 25299.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    The board is the state lead agency for this federal act and may exercise state powers under it. It may prepare procedures and implementation plans for EPA state program approval, and it must adopt necessary regulations as emergency regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.7. (a) The board is designated as the lead agency in the state for all purposes stated in the federal act and may exercise any powers which a state may exercise pursuant to the federal act. (b) The board may prepare, as part of any program application submitted to the Environmental Protection Agency for state program approval pursuant to Section 6991c of Title 42 of the United States Code, any procedures and implementation plans necessary to assure compliance with the requirements for a state program implementing the federal act. These procedures and implementation plans may include, but are not limited to, procedures or implementation plans with respect to investigation, compliance monitoring, enforcement, public participation, and sharing of information among local agencies, the board, and the Environmental Protection Agency. If the Environmental Protection Agency approves of the state program, the board, the regional boards, and each local agency shall administer this chapter in accordance with these procedures and implementation plans where required by the memorandum of agreement executed by the board and the Environmental Protection Agency. These procedures and implementation plans shall also apply to any public agency or official who brings a civil enforcement action pursuant to this chapter, and to any city or county specified in Section 25299.1, to the extent required by the memorandum of agreement. The board’s approval of the program application and memorandum of agreement is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) The board shall adopt, pursuant to Section 25299.3, any regulations necessary to obtain state program approval pursuant to Section 6991c of Title 42 of the United States Code. The board shall adopt these regulations as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the board in furtherance of this section shall be filed with, but may not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the board. (Amended by Stats. 2002, Ch. 999, Sec. 31. Effective January 1, 2003.)
  131. 25299.70.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board may recover cleanup costs from the tank owner, operator, or another responsible party, and those costs can become a lien on the affected property.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.70. (a) The board may recover any costs incurred and payable from the fund pursuant to subdivisions (c), (e), (h), and (n) of Section 25299.51 from the owner or operator of the underground storage tank which released the petroleum and which is the subject of those costs or from any other responsible party. (b) The liability of an owner or operator shall be the full and total costs specified in subdivision (a) if the owner or operator has not complied with the requirements of Article 3 (commencing with Section 25299.30) or has violated Section 25296.10 or any corrective action order, directive, notification, or approval order issued pursuant to this chapter, Chapter 6.7 (commencing with Section 25280), or Division 7 (commencing with Section 13000) of the Water Code. The liability of a responsible party who is not an owner or operator shall be the full and total costs specified in subdivision (a). (c) The amount of costs determined pursuant to this section shall be recoverable in a civil action. This section does not deprive a party of any defense the party may have. (d) All money recovered by the board pursuant to this section shall be deposited in the fund. (e) The amount of the costs constitutes a lien on the affected property upon service of a copy of the notice of lien on the owner and upon the recordation of a notice of lien, if the notice identifies the property on which the condition was abated, the amount of the lien, and the owner of record of the property, in the office of the county recorder of the county in which the property is located. Upon recordation, the lien shall have the same force, effect, and priority as a judgment lien, except that it attaches only to the property posted and described in the notice of lien, and shall continue for 10 years from the time of the recording of the notice, unless sooner released or otherwise discharged. Not later than 45 days from the date of receipt of a notice of lien, the owner may petition the court for an order releasing the property from the lien or reducing the amount of the lien. In that court action, the governmental agency that incurred the cleanup costs shall establish that the costs were reasonable and necessary. The lien may be foreclosed by an action brought by the board for a money judgment. (Amended by Stats. 2014, Ch. 547, Sec. 19. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  132. 25299.71.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The executive director may permanently disqualify certain people convicted of, or civilly liable for, specified violations from receiving fund money, and claimants must not submit invoices for work done by a disqualified contractor or consultant.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.71. (a) (1) Except as provided in subdivisions (b) and (c), if a person is convicted under Section 25299.80.5 or is found to be civilly liable under Section 25299.78 or 25299.80, the executive director of the board may permanently disqualify that person from receiving any moneys from the fund. If the executive director of the board determines that the disqualified person is a contractor or consultant, a claimant shall not submit invoices to the fund for any work performed or directed by that person. (2) For purposes of this section, “contractor or consultant” means a person whose professional services are engaged to perform work that is the subject of a claim specified in paragraph (2) of subdivision (d) of Section 25299.57. (b) If the person convicted under Section 25299.80.5 or found to be civilly liable under Section 25299.78 or 25299.80 is a claimant, the executive director of the board may permanently disqualify the claimant from further participation in the fund, with respect to only the fund claims that are the subject of that conviction under Section 25299.80.5 or that civil liability under Section 25299.78 or 25299.80, and only if the executive director makes a finding that the alleged violation is knowing, willful, or intentional. (c) If the person convicted under Section 25299.80.5 or found to be civilly liable under Section 25299.78 or 25299.80 is a contractor or consultant, the executive director of the board may permanently disqualify the contractor or consultant from further participation in the fund, including participation in corrective action for fund claims that are not the subject of that conviction under Section 25299.80.5 or civil liability under Section 25299.78 or 25299.80, only if the executive director makes one of the following findings: (1) The alleged violation is knowing, willful, or intentional. (2) The contractor or consultant received a material economic benefit from the action that caused the violation. (3) The alleged violation is chronic or the contractor or consultant is a recalcitrant violator, as determined pursuant to subdivision (g) of Section 13399 of the Water Code. (d) In addition to the requirements of subdivisions (b) and (c), in determining the extent to which a person, including, but not limited to, a claimant, contractor, or consultant, convicted under Section 25299.80.5 or found to be civilly liable under Section 25299.78 or 25299.80 may be disqualified from receiving any money from the fund, including the extent to which the person may be reimbursed for pending or future claims from the fund, the executive director of the board, or the court, as the case may be, shall take into account the nature, circumstances, extent, and gravity of the violation, the person’s ability to pay, any prior history of misrepresentations by the person to the board, or local agency, any economic benefits or savings that resulted or would have resulted from the false statement, and any other matters as justice may require. (Added by Stats. 2014, Ch. 547, Sec. 20. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  133. 25299.72.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    If a party moves and makes a sufficient showing, the court must join any person who may be liable for recoverable costs or expenditures to the action.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.72. Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures of the type recoverable pursuant to this article. (Added by renumbering Section 25299.62 by Stats. 1990, Ch. 1366, Sec. 27. Effective September 27, 1990. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  134. 25299.73.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    Costs of corrective action recoverable under this chapter are subject to strict liability.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.73. The standard of liability for any costs of corrective action recoverable pursuant to this chapter is strict liability. (Added by renumbering Section 25299.63 by Stats. 1990, Ch. 1366, Sec. 28. Effective September 27, 1990. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  135. 25299.74.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    Certain indemnity or hold-harmless agreements cannot be used to block liability for recoverable cleanup costs, but agreements to insure or indemnify a party are still allowed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.74. (a) No indemnification, hold harmless, conveyance, or similar agreement shall be effective to preclude any liability for costs recoverable under this article. This section does not bar any agreement to insure, hold harmless, or indemnify a party to the agreement for any costs under this chapter. (b) The entry of judgment against any party to the action does not bar any future action by the fund against any person who is later discovered to be potentially liable for costs paid from the fund. (c) Payment of any claim by the fund pursuant to this chapter shall be subject to the state acquiring by subrogation the rights of the claimant to recover those costs of corrective action for which it has compensated the claimant from the person responsible or liable for the unauthorized release. (Added by renumbering Section 25299.64 by Stats. 1990, Ch. 1366, Sec. 29. Effective September 27, 1990. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  136. 25299.75.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section says the chapter does not change other laws’ liability rules for unauthorized petroleum releases, except as provided in three specified sections, and it does not authorize recovery of corrective-action costs for releases that were authorized or permitted by law.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.75. (a) Except as provided in Sections 25299.70, 25299.72, and 25299.73, this chapter does not affect or modify the obligations or liability of any person under any other provision of state or federal law, including common law, for damages, injury, or loss resulting from an unauthorized release of petroleum or for corrective action or the costs of corrective action. (b) This chapter shall not be construed as authorizing recovery for costs of corrective action resulting from any release authorized or permitted pursuant to state or federal law. (Added by renumbering Section 25299.65 by Stats. 1990, Ch. 1366, Sec. 30. Effective September 27, 1990. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  137. 25299.76.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    A person who violates certain underground storage tank cleanup requirements can be fined up to $10,000 per tank per day.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.76. (a) Any person who violates any requirement of Article 3 (commencing with Section 25299.30) or Article 4 (commencing with Section 25299.36) is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for each day of violation. (b) The state or a local agency may bring an action in superior court to impose the civil penalty specified in subdivision (a). (c) The board or a regional board may impose the civil penalty specified in subdivision (a) pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code. (d) In determining the amount of any liability imposed under this section, the superior court, the board, or the regional board shall take into account the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the ability to pay, any prior history of violations, the degree of culpability, the economic benefits or savings, if any, resulting from the violations, and other matters as justice may require. (e) Remedies under this section are in addition to, and do not supersede or limit, any other civil or criminal remedies, except that no civil penalties shall be recovered under this section for violations for which a civil penalty is recovered pursuant to Section 13268 or 13350 of the Water Code. (Added by renumbering Section 25299.66 by Stats. 1990, Ch. 1366, Sec. 31. Effective September 27, 1990. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  138. 25299.77.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must adopt regulations to implement this chapter and keep them consistent with related law and state program requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.77. (a) The board shall adopt regulations to implement this chapter. In adopting these regulations, the board shall ensure that the regulations are consistent with this chapter, Chapter 6.7 (commencing with Section 25280), and the requirements for state programs implementing the federal act. (b) The adoption of any regulations pursuant to this section that are filed with the Office of Administrative Law on or before January 1, 1995, shall be deemed to be an emergency necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulation adopted by the board pursuant to this subdivision shall not be repealed by the Office of Administrative Law, and shall remain in effect until revised by the board. (Amended by Stats. 2002, Ch. 37, Sec. 3. Effective May 10, 2002. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  139. 25299.78.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    People must provide specified tank-cleanup information when required, and false or missing information can trigger civil liability.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.78. (a) To carry out the purposes of this chapter, any authorized representative of the local agency, regional board, or board shall have the authority specified in Section 25185, with respect to any place where underground storage tanks are located, and in Section 25185.5, with respect to any real property which is within 2,000 feet of any place where underground storage tanks are located. (b) A person shall furnish, under penalty of perjury, any information on fees imposed pursuant to Article 5 (commencing with Section 25299.40), financial responsibility, unauthorized releases, corrective actions, response actions, costs related to grants issued under this chapter, or requests for reimbursement pursuant to a claim or grant issued under this chapter as the local agency, regional board, or board may require. (c) A person who fails or refuses to furnish information under subdivision (b) or furnishes false information to the fund is subject, in accordance with the requirements of subdivision (d), to civil liability of not more than ten thousand dollars ($10,000) for each violation of this subdivision. (d) (1) Except as provided in subdivision (2), a claimant shall not be liable under subdivision (c) unless one of the following is established by the court, if the action is brought pursuant to subdivision (e), or the executive director, if the action is brought pursuant to subdivision (f): (A) The alleged violation is knowing, willful, or intentional. (B) The claimant received a material economic benefit from the action which caused the alleged violation. (C) The alleged violation is chronic or that the claimant is a recalcitrant violator, as determined pursuant to subdivision (g) of Section 13399 of the Water Code. (2) If a claimant is in violation of subdivision (c), but does not meet any of the conditions specified in paragraph (1), the claimant may be held liable only if the board or an authorized representative of the board issues a notice to comply pursuant to Chapter 5.8 (commencing with Section 13399) of Division 7 of the Water Code before an action is taken pursuant to subdivision (e) or (f). (e) The Attorney General, upon request of the board, shall bring an action in superior court to impose the civil liability specified in subdivision (c). (f) The executive director of the board may impose the civil liability specified in subdivision (c) administratively in the same manner as the executive director of the board is authorized to impose civil liability pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code. (g) In determining the amount of any civil liability imposed under this section, the executive director of the board, or the court, as the case may be, shall take into account the nature, circumstances, extent, and gravity of the false statement or refusal or failure to furnish information, the person’s ability to pay, any prior history by the person of misrepresentations to or noncooperation with the board or local agency, any economic benefits or savings that resulted or would have resulted from the false statement or refusal or failure to furnish information, and other matters as justice may require. (h) Remedies under this section are in addition to, and do not supersede or limit, any other civil, administrative, or criminal remedies. (i) All funds collected pursuant to this section shall be deposited into the fund. (Amended by Stats. 2018, Ch. 721, Sec. 8. (AB 2902) Effective January 1, 2019. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  140. 25299.79.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    Costs listed in Section 25299.51(d) cannot be recovered under this article.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.79. The costs specified in subdivision (d) of Section 25299.51 are not recoverable pursuant to this article. (Added by Stats. 1990, Ch. 1574, Sec. 3. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  141. 25299.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

    Verify source ↗

    Changes to Section 25292.3 and Section 25284 do not prevent administrative, civil, or criminal actions for violations that happened before January 1, 2003.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25299.8. The repeal and addition of Section 25292.3 and the amendment of Section 25284 by the act adding this section during the 2002 portion of the 2001–02 Regular Session, to eliminate the requirement to acquire and display an upgrade compliance certificate, do not constitute a bar to any action, whether administrative, civil, or criminal, brought for a violation of the law that occurred prior to January 1, 2003. (Added by Stats. 2002, Ch. 999, Sec. 32. Effective January 1, 2003.)
  142. 25299.80.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    A person who makes a misrepresentation in a claim submitted to the fund can face civil liability of up to $500,000 per violation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.80. (a) A person who makes a misrepresentation in any claim, including, but not limited to, a record, report, certification, application, invoice, form, or other document that is submitted to the fund relating to a claim, is subject to civil liability of not more than five hundred thousand dollars ($500,000) for each violation of this subdivision. (b) Except as provided in subdivision (d), the Attorney General, upon request of the state board, shall bring an action in superior court to impose the civil liability specified in subdivision (a). (c) Except as provided in subdivision (d), the executive director of the board may impose the civil liability specified in subdivision (a) administratively in the same manner as the executive director of the board is authorized to impose civil liability pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code. (d) If the violation by a claimant of subdivision (a) is not knowing, willful, or intentional, the board or an authorized representative shall first issue a notice to comply pursuant to Chapter 5.8 (commencing with Section 13399) of Division 7 of the Water Code before an action may be taken pursuant to subdivision (b) or (c). (e) In determining the amount of civil liability imposed under this section, the executive director of the board, or the court, as the case may be, shall take into account the nature, circumstance, extent, and gravity of the violation, the person’s ability to pay, any prior history of misrepresentations by the person to the board or local agency, any economic benefits or savings that resulted or would have resulted from the false statement, and other matters as justice may require. (f) Remedies under this section are in addition to, and do not supersede or limit, any other civil, administrative, or criminal remedies. (g) All money collected pursuant to this section shall be deposited into the fund. (h) The board shall file a complaint with any applicable licensing board against any person licensed or otherwise regulated by that licensing board who is found to be liable under this section. (Added by Stats. 2014, Ch. 547, Sec. 22. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  143. 25299.80.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    Knowingly making or causing false statements, material misrepresentations, or false certifications for a claim under this chapter is punishable by fine or imprisonment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.80.5. (a) A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in support of any claim under this chapter, including, but not limited to, in an application, record, report, certification, plan, invoice, form, or other document that is submitted, filed, or required to be maintained under this chapter for purposes of a claim, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail for not more than one year, or in the state prison for 16 months, two years, or three years, or by both that fine and imprisonment. (b) The Attorney General, upon request of the board, may bring an action in superior court to impose the criminal penalty specified in subdivision (a). (c) Remedies under this section are in addition to, and do not supersede or limit, any other civil or criminal remedies. (d) All funds collected pursuant to this section shall be deposited into the fund. (e) The board shall file a complaint with any applicable licensing board against any person licensed or otherwise regulated by that licensing board who is convicted under this section. (Added by Stats. 2014, Ch. 547, Sec. 23. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  144. 25299.80.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The executive director’s decision to impose civil liability under this chapter can be reviewed by the board.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 7. Cost Recovery, Enforcement, and Administration [25299.70 - 25299.80.6] ( Article 7 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.80.6. An action by the executive director to impose civil liability under this chapter is subject to review by the board in the same manner as provided for the review by the State Water Resources Control Board of actions of a regional board under Section 13320 of the Water Code. (Added by Stats. 2014, Ch. 547, Sec. 24. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  145. 25299.81.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 9. Sunset Provision [25299.81 - 25299.82] ( Article 9 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    This section says chapter 6.75 generally ends on January 1, 2036, with specified exceptions, and the board must keep posting fund-status information and may make efficiency recommendations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 9. Sunset Provision [25299.81 - 25299.82] ( Article 9 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.81. (a) Except as provided in subdivisions (b) and (c), this chapter shall remain in effect only until January 1, 2036. (b) Notwithstanding subdivision (a), this section, Article 1 (commencing with Section 25299.10), Article 2 (commencing with Section 25299.11), and Article 4 (commencing with Section 25299.36) shall remain in effect on January 1, 2036. (c) The inoperability of certain portions of this chapter pursuant to subdivision (a) does not terminate any of the following rights, obligations, or authorities, or any provision necessary to carry out these rights and obligations: (1) The filing and payment of claims against the fund, including the costs specified in subdivisions (c), (e), and (h) of Section 25299.51, claims filed under Section 25299.50.3, and claims for commingled plumes, as specified in Article 11 (commencing with Section 25299.90), until the moneys in the fund are exhausted. Upon exhaustion of the fund, any remaining claims shall be invalid. (2) The repayment of loans, outstanding as of January 1, 2036, due and payable to the board. (3) The recovery of moneys reimbursed to a claimant to which the claimant is not entitled, or the resolution of any cost recovery action. (4) The collection of fees, the issuance of refunds and allowance of credits, the disposition of the moneys collected, and the commencement of any action or proceeding regarding fees by the California Department of Tax and Fee Administration pursuant to Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code that are imposed or authorized pursuant to Article 5 (commencing with Section 25299.40), as that article read on December 31, 2035, or have become due before January 1, 2036, including any interest or penalties that accrue before, on, or after January 1, 2036, associated with those fees or actions, for deposit into the fund. (5) The payment for the administrative costs of the California Department of Tax and Fee Administration pursuant to subdivision (b) of Section 25299.51 and refunds pursuant to subdivision (g) of Section 25299.51. (6) (A) The filing of an application for funds from, and the making of payments from, the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund pursuant to Section 25299.50.2, any action for the recovery of moneys paid pursuant to Section 25299.50.2 to which the recipient is not entitled, and the resolution of that cost recovery action. (B) Upon liquidation of funds in the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund, the obligation to make a payment from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund is terminated. (7) (A) The payment of loans and grants, consistent with the terms of agreements that were effective prior to January 1, 2036, from the fund pursuant to this chapter or the Petroleum Underground Storage Tank Financing Account pursuant to Chapter 6.76 (commencing with Section 25299.100). Upon exhaustion of the fund, any remaining claims for payment of grants or loans shall be invalid. (B) The amount of money disbursed for grants and loans pursuant to Chapter 6.76 (commencing with Section 25299.100) shall not exceed the sum of the following: (i) The amount that reverts to the fund pursuant to Section 25299.111. (ii) Amounts recovered through the repayment of loans granted pursuant to Chapter 6.76 (commencing with Section 25299.100). (iii) The resolution of any cost recovery action filed prior to January 1, 2036, or the initiation of an action or other collection process to recover defaulted loan moneys due to the board or to recover money paid to a grant or loan recipient pursuant to Chapter 6.76 (commencing with Section 25299.100) to which the recipient is not entitled. (8) (A) The imposition and collection of civil liability pursuant to Article 7 (commencing with Section 25299.70), as that article read on December 31, 2035. (B) Subparagraph (A) shall not be construed as extending or modifying any applicable statute of limitations. (d) The board shall continuously post and update on its internet website, but at a minimum, annually on or before September 30, information that describes the status of the fund and shall make recommendations, when appropriate, to improve the efficiency of the program. (Amended by Stats. 2024, Ch. 72, Sec. 29. (SB 156) Effective July 2, 2024. Note: Inoperative clause affects Chapter 6.75 (commencing with Section 25299.10), except Articles 1, 2, 4, and Section 25299.81.)
  146. 25299.82.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 9. Sunset Provision [25299.81 - 25299.82] ( Article 9 added by Stats. 1989, Ch. 1442, Sec. 5. )

    Verify source ↗

    The board must manage the fund’s phase-out and stop accepting new claim applications after January 1, 2035, with a narrow exception, and stop accepting reimbursement requests after July 1, 2035.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 9. Sunset Provision [25299.81 - 25299.82] ( Article 9 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## 25299.82. To ensure that the phase out of the fund, as provided in Section 25299.81, is achieved in an orderly manner that enables owners and operators to maintain continuous coverage for financial responsibility obligations required by Sections 25292.2 and 25299.31 and the federal act, the board shall take the following actions: (a) The board shall not accept claim applications submitted to the fund pursuant to Section 25299.57 or 25299.58 after January 1, 2035, unless the board finds that the unauthorized release that is the subject of the claim was discovered before January 1, 2035, and the submission of a claim application by that date was beyond the claimant’s reasonable control. (b) The board shall not accept requests for reimbursements submitted to the fund pursuant to Section 25299.57 or 25299.58 after July 1, 2035. (Amended by Stats. 2023, Ch. 561, Sec. 10. (AB 1115) Effective January 1, 2024. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  147. 25299.90.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. )

    Verify source ↗

    This section states legislative findings about commingled petroleum contamination from underground storage tanks and why coordinated cleanup and joint reimbursement can reduce costs and improve results.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. ) ## 25299.90. The Legislature hereby finds and declares all of the following: (a) Commingled plumes of petroleum contaminated groundwater involve serious water quality impacts. (b) Unauthorized releases from underground storage tanks are a major source of commingled plumes of petroleum contaminated groundwater. (c) Unless corrective action is performed in a coordinated manner, remedial action of commingled plumes may be ineffective. (d) Disagreement over shared liability among parties responsible for underground storage tank leaks which contributed to commingled plumes may result in substantial expenditures for legal costs and the expense of necessary cleanup. (e) Reimbursing claimants jointly will result in more efficient cleanups, lower total corrective action costs, and reduced legal costs for commingled plumes. (Added by Stats. 1996, Ch. 611, Sec. 18. Effective January 1, 1997. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  148. 25299.91.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. )

    Verify source ↗

    This section defines “commingled plume” and “contributing site” for this article.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. ) ## 25299.91. As used in this article, the following terms have the following meaning: (a) “Commingled plume” means the condition that exists when groundwater contaminated with petroleum from two or more discrete unauthorized releases have mixed or encroached upon one another to the extent that the corrective action performed on one plume will necessarily affect the other. A commingled plume does not include either of the following: (1) Contaminated groundwater plumes resulting from unauthorized releases or discharges from a single site. (2) Soil contamination, unless it can be demonstrated that the contaminated soil is an immediate threat to groundwater. (b) “Contributing site” means a site on which an unauthorized release or discharge of waste has occurred or is occurring and has impacted or threatens to impact groundwater. (Added by Stats. 1996, Ch. 611, Sec. 18. Effective January 1, 1997. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  149. 25299.92.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. )

    Verify source ↗

    Up to $10 million is available for expenditure for this article during the 1996–97 fiscal year, and the Legislature intends annual Budget Act appropriations in later fiscal years.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. ) ## 25299.92. A sum not to exceed ten million dollars ($10,000,000) from Item 3940-001-0439 of Section 2.00 of the Budget Act of 1996 (Ch. 162, Stats. 1996) shall be available for expenditure for the 1996–97 fiscal year for the purposes of this article. In subsequent fiscal years, it is the intent of the Legislature that an appropriation be made in the annual Budget Act to carry out this article. (Amended by Stats. 1997, Ch. 17, Sec. 71. Effective January 1, 1998. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  150. 25299.93.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. )

    Verify source ↗

    This section lets a joint claim be submitted for reimbursement of corrective action costs for a commingled plume if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. ) ## 25299.93. (a) A joint claim may be submitted for reimbursement of corrective action costs for a commingled plume if all of the following conditions are met: (1) Each person named in the joint claim is an owner, operator, or other responsible party ordered to perform corrective action or remedial action pursuant to this chapter, Chapter 6.7 (commencing with Section 25280), or Division 7 (commencing with Section 13000) of the Water Code. (2) After performing a soil and water investigation in accordance with Article 11 (commencing with Section 2720) of Chapter 16 of Division 3 of Title 23 of the California Code of Regulations, the joint claimants demonstrate to the satisfaction of the local or regulatory agency and the board that a commingled plume exists and that every identified unauthorized release or discharge has contributed substantially to the commingled plume. (3) At least 85 percent of the commingled plume is comprised of petroleum contamination resulting from an unauthorized release from a tank whose owner or operator is eligible for payment of a claim pursuant to Section 25299.54. (4) At least two contributing sites involve an unauthorized release. (5) The joint claimants have coordinated corrective action as soon as practicable. (6) The joint claimants agree to seek preapproval of corrective action costs in accordance with subdivision (c) of Section 25299.57. (7) The joint claimants have entered into a written agreement that provides for a coordinated corrective action plan. The written agreement shall require the joint claimants to do the following: (A) Appoint one of the joint claimants to represent the joint claimants for purposes of interacting with the local or regulatory agency and the board. (B) Permit the joint claimants reasonable access to contributing sites as necessary to perform corrective action. (C) Identify any corrective action costs incurred at contributing sites and assess if any of those costs may be eligible for reimbursement under this chapter. (D) Estimate responsibility among the joint claimants and provide a formula or method for apportioning costs that are not eligible for reimbursement under this chapter or which exceed the limitations prescribed in Section 25299.94. (E) Identify all money or other compensation received by any joint claimant which is related to contamination at any contributing site or the commingled groundwater plume. (b) A joint claim may be submitted for reimbursement of third parties as provided in Section 25299.58 subject to both of the following conditions: (1) The conditions set forth in subdivision (a) are satisfied. (2) An owner or operator named in the joint claim is liable for a third-party compensation claim. (Added by Stats. 1996, Ch. 611, Sec. 18. Effective January 1, 1997. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  151. 25299.94.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. )

    Verify source ↗

    This section sets when the board may reimburse or pay certain corrective-action and third-party compensation costs under joint claims, and limits those payments by claim date and dollar caps.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. ) ## 25299.94. (a) (1) The board may pay the cost of corrective actions and third-party compensation claims that are submitted as part of a joint claim filed on or before December 31, 2014, and that exceed the amount specified in subdivision (b), but do not exceed an amount equal to one million five hundred thousand dollars ($1,500,000) per occurrence, for which an owner or operator named in the joint claim is eligible for reimbursement under this chapter. (2) If a claim from a contributing site exceeds one million dollars ($1,000,000) for an occurrence, the board may only reimburse costs submitted pursuant to Section 25299.57 for those costs in excess of one million dollars ($1,000,000). (3) If a joint claim is filed on or after January 1, 2015, the board may pay the cost of corrective actions and third-party compensation claims that are submitted as part of a joint claim and that exceed the amount specified in subdivision (b), but do not exceed an amount equal to one million dollars ($1,000,000) per occurrence, for which an owner or operator named in the joint claim is eligible for reimbursement under this chapter. (b) For each joint claim, the board may only pay for the costs of corrective action and third-party compensation claims that exceed the aggregate of the levels of financial responsibility required pursuant to Section 25299.32 for each owner or operator named in the joint claim. (c) The costs of corrective action determined eligible for reimbursement shall be paid before third-party compensation claims. (d) Except as provided in paragraph (1) of subdivision (e), reimbursement for costs of corrective action is limited to costs incurred by the joint claimants after executing an agreement under paragraph (7) of subdivision (a) of Section 25299.93. (e) Both of the following costs of corrective action incurred at a contributing site may be reimbursed in accordance with subdivision (f): (1) Costs incurred by an owner or operator before executing an agreement described in paragraph (7) of subdivision (a) of Section 25299.93. (2) Costs relating to unauthorized releases that do not contribute to the commingled plume, but which are included in the occurrence which is the subject of the joint claim. (f) An owner or operator may seek reimbursement of costs described in subdivision (e) by doing either of the following: (1) Including a payment request for those corrective action costs with the claim filed under this article. (2) Filing a claim or maintaining an existing claim under Article 6 (commencing with Section 25299.50). (g) Any reimbursement received pursuant to subdivision (f) and any amount excluded from the payment based on the amount of financial responsibility required to be maintained shall be applied toward the limitations prescribed in subdivision (a). (h) The board shall not reimburse a claimant or joint claimant for any eligible costs for which the claimant or joint claimant has been, or will be, compensated by another party. (Amended by Stats. 2014, Ch. 547, Sec. 27. (SB 445) Effective September 25, 2014. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  152. 25299.95.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. )

    Verify source ↗

    An owner or operator named in a joint claim generally cannot also file or keep a claim under Article 6 for the same occurrence, but may do so after withdrawing from the joint claim.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. ) ## 25299.95. (a) An owner or operator named in a joint claim filed under this article may not file or maintain a claim under Article 6 (commencing with Section 25299.50) for the same occurrence. (b) When a joint claim under this article has been approved, the board shall remove any claims filed under Article 6 (commencing with Section 25299.50) by an owner or operator named in the approved claim. (c) If an owner or operator withdraws from a claim filed under this article, the owner or operator may submit or resubmit a claim pursuant to Article 6 (commencing with Section 25299.50). (d) Any claims filed pursuant to subdivision (c) shall be assigned to a priority class pursuant to Section 25299.52 and ranked in accordance with the procedures contained in regulations adopted by the board pursuant to Section 25299.77. (e) This section does not apply to a claim filed for a separate occurrence at a contributing site or a claim authorized pursuant to paragraph (2) of subdivision (f) of Section 25299.94. (Added by Stats. 1996, Ch. 611, Sec. 18. Effective January 1, 1997. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  153. 25299.96.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. )

    Verify source ↗

    A joint claim’s payment priority is based on when the board receives a complete application.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 11. Commingled Plume Account [25299.90 - 25299.96] ( Heading of Article 11 amended by Stats. 1997, Ch. 17, Sec. 70. ) ## 25299.96. The priority for payment of a joint claim submitted under this article shall be based on the date on which the board receives a complete application. For purposes of this section, an application shall not be considered complete until the applicable local agency or other regulatory agency confirms the existence of a commingled plume and the joint claimant submits an agreement which complies with paragraph (7) of subdivision (a) of Section 25299.93. (Added by Stats. 1996, Ch. 611, Sec. 18. Effective January 1, 1997. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  154. 25299.97.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 12. Drinking Water Well Protection [25299.97- 25299.97.] ( Article 12 added by Stats. 1997, Ch. 815, Sec. 1. )

    Verify source ↗

    The State Water Resources Control Board must upgrade its database, create an advisory committee and pilot projects, and coordinate with other agencies to gather well, tank, release, and pipeline location data; it may also spend up to $400,000 for these GIS projects.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10 - 25299.97] ( Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5. ) ## ARTICLE 12. Drinking Water Well Protection [25299.97- 25299.97.] ( Article 12 added by Stats. 1997, Ch. 815, Sec. 1. ) ## 25299.97. (a) For the purposes of this article, the following definitions shall apply: (1) “Public drinking water well” means a wellhead that provides drinking water to a public water system, as that term is defined in Section 116275, that is regulated by the State Water Resources Control Board and that is subject to Section 116455. (2) “MTBE” means methyl tertiary-butyl ether. (3) “GIS mapping system” means a geographic information system that collects, stores, retrieves, analyzes, and displays environmental geographic data in a data base that is accessible to the public. (4) “Motor vehicle fuel” includes gasoline, natural gasoline, blends of gasoline and alcohol or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, that is used or usable for propelling motor vehicles operated by the explosion type engine. It does not include kerosine, liquefied petroleum gas, or natural gas, in liquid or gaseous form. (5) “Oxygenated motor vehicle fuel” is motor vehicle fuel, as defined in paragraph (4), that meets the federal definition for “Oxygenated fuel” in Section 7545(m) of Title 42 of the United States Code. (6) “Oxygenate” means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an “oxygenated fuel” pursuant to Section 7545 of Title 42 of the United States Code. (b) The State Water Resources Control Board shall upgrade the data base created by Section 25296.35. This upgrade shall include the establishment of a statewide GIS mapping system as described in this section only upon an appropriation by the Legislature for this purpose. (c) (1) For purposes of subdivision (b), the board shall create a GIS Mapping and Data Management Advisory Committee. The committee shall give the board advice on location standards, protocols, metadata, and the appropriate data to expand the data base to create a cost-effective GIS mapping system that will provide the appropriate information to allow agencies to better protect public drinking water wells and, if feasible, nearby aquifers that are reasonably expected to be used as drinking water, from contamination by motor vehicle fuel from underground storage tanks and intrastate and interstate pipelines that are regulated by the State Fire Marshal pursuant to the California Pipeline Safety Act of 1981, Chapter 5.5 (commencing with Section 51010.5) of Part 1 of Division 1 of Title 5 of the Government Code. (2) The advisory committee shall include, at a minimum, members from appropriate state and local agencies, affected industry and business, the water agencies that provide drinking water in Santa Monica, the water agencies that provide drinking water in the Santa Clara Valley, nonprofit environmental groups dedicated to the conservation and preservation of natural resources, and underground storage tank owners. (d) (1) The board shall create two pilot projects, the Santa Monica Groundwater Pilot Project and the Santa Clara Valley Groundwater Pilot Project, which shall terminate on July 1, 1999. (2) The board shall create the pilot projects with the advice of the advisory committee so as to expedite and prioritize the upgrading of the data base for those regions of the state where groundwater provides, or would be called on in an emergency to provide, a significant portion of the region’s drinking water. (3) The board shall use the pilot projects to define and assess the parameters of the data base, identify data needs, develop opportunities to electronically link data bases and electronic submission of information, offer access to the public via the Internet, streamline existing processes, and work out the details for data management and a GIS mapping system as described in this article. (4) The pilot projects shall study appropriate notification to public water systems and response times. (e) To upgrade the data base as required by this section, the board, in consultation with the advisory committee, shall do all of the following: (1) Coordinate with the Department of Water Resources and the State Department of Public Health to obtain the location of existing drinking water wells and appropriate water resource and quality data to meet the requirements of this article. (2) Coordinate with local agencies authorized to implement this chapter to obtain the location of all underground storage tanks that store motor vehicle fuel that are within 1,000 feet of a public drinking water well. (3) Coordinate with local agencies authorized to implement this chapter to add the location of all known releases of motor vehicle fuel from underground storage tanks that are within 1,000 feet of a drinking water well. (4) Coordinate with the State Fire Marshal to add the location and leak history of all pipelines or segments of pipelines that transport motor vehicle fuel and that are regulated by the State Fire Marshal pursuant to Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code that are within 1,000 feet of an existing public drinking water well. (f) The board may expend up to four hundred thousand dollars ($400,000) from the Underground Storage Tank Cleanup Fund for the purposes set forth in Section 25299.36 to fund the GIS mapping system projects referred to in this section. (Amended (as amended by Stats. 2001, Ch. 745, Sec. 135) by Stats. 2015, Ch. 303, Sec. 315. (AB 731) Effective January 1, 2016. Inoperative January 1, 2036, pursuant to Section 25299.81.)
  155. 25395.100.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    The department may exempt certain onsite response actions from hazardous waste facility permit requirements if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.100. To the extent consistent with the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may exclude any portion of a response action conducted entirely onsite from the hazardous waste facilities permit requirements of Sections 25200.3, 25201, and 25201.6, if both of the following apply: (a) The response action is carried out pursuant to an approved response plan. (b) The response plan specifies that the response action will be conducted in compliance with the standards, requirements, criteria, or limitations applicable to the construction, operation, and closure of the type of facility at the site, as necessary to prevent an unreasonable risk to public health and safety or the environment and any other condition imposed by the agency. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  156. 25395.101.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section preserves agency powers, and in an emergency requires a person with chapter immunity to let the local agency access the site for needed response action, while generally not making that person pay for or carry out those actions unless they caused or contributed to the release.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.101. (a) Except as expressly provided in this article, this article does not affect the authority of an agency to issue an order or take any other action under any provision of law to protect public health and safety or the environment. (b) Except as otherwise expressly provided in this article, this article does not affect the authority of the agency or any other public agency to pursue any existing legal, equitable, or administrative remedies pursuant to state or federal law. (c) Except as otherwise expressly provided in this article, Part 2 (commencing with Section 78000) of Division 45 does not apply to this article. (d) If a local agency determines that, due to an emergency, it is necessary to gain access to a site that is the subject of a finding of no further action or a certificate of completion, the person who has obtained immunity pursuant to this chapter with regard to that site shall allow the local agency access to the site to take any action necessary to mitigate that emergency, or take any other necessary response action. However, that person shall not be required to pay for, or undertake, any of those actions taken by or required by the local agency, unless the person caused or contributed to the release at the site that constituted the emergency. (Amended by Stats. 2022, Ch. 258, Sec. 86. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  157. 25395.102.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. )

    Verify source ↗

    This section defines “bona fide ground tenant,” “release,” and “site,” and sets conditions for meeting the bona fide ground tenant definition.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. ) ## 25395.102. (a) Except as otherwise provided in this article, the definitions in Article 2 (commencing with Section 25395.63) and Article 6 (commencing with Section 25395.90) shall govern the interpretation of this article. (b) “Bona fide ground tenant” means a person who establishes by a preponderance of evidence and maintains all of the following: (1) The person acquires a nonfee interest in, and control of, the real property at a site on or after January 1, 2007, pursuant to one of the following: (A) A ground lease with a term of 25 years or more. (B) An easement with a term of 25 years or more. (C) Any other legal means for site access and use that provides for a term of 25 years or more, and is acceptable to the agency entering into an agreement pursuant to this article. (2) The person is in compliance with subdivisions (c), (d), (e), and (f) of Section 25395.80. (3) All releases of hazardous materials at the site occurred before the person obtained legal access to and control over the site, except for a release that is of a type, nature or amount that does not require reporting to a regulatory authority pursuant to applicable law or other applicable statutory or regulatory reporting requirements and for which the agency determines all appropriate actions have been taken. (4) The person did not cause or contribute to a release of hazardous materials at the site, other than a release that is of a type, nature or amount that does not require reporting to a regulatory authority pursuant to applicable law or other applicable statutory or regulatory reporting requirements. (5) (A) The person has contractually agreed with one or more persons or entities set forth in subdivision (a) of Section 25395.103 that either of the following revenue sources be dedicated to, or pledged to secure a loan the proceeds of which are dedicated to, implementation of the response plan approved pursuant to this article: (i) All payments by that person to the site owner, at least until such time as a response plan has been approved by the agency and the agency has determined that something less than all of the payments are sufficient to implement the response plan. (ii) Any alternate assets or revenue streams that are acceptable to the agency. (B) To ensure that the revenue stream required by subparagraph (A) remains available to implement the response plan approved pursuant to this article, the person may utilize an Internal Revenue Code Section 468B settlement trust or other acceptable security mechanism that allows the agency to utilize the earmarked funds to complete the cleanup if there is a default by a party that is contractually obligated to implement the response plan pursuant to an agreement under this article. Agreements pursuant to this article shall permit subordination of the security mechanism to permit financing for site cleanup. (6) The person is not potentially liable, or affiliated with a person who is potentially liable, for the release at issue through any of the following circumstances: (A) A direct or indirect familial relationship. (B) A contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instruments by which the person obtains control and implements the development of the site, or is created by a contract for the sale of goods or services. (C) The result of a reorganization of a business entity that was potentially liable for the hazardous substances at issue. (c) For the purpose of this article, “release” does not include passive migration. (d) “Site” shall have the definition set forth in Section 25395.79.2, except that the exclusion for petroleum sites set forth in paragraph (3) of subdivision (b) of that section shall not apply. (Added by Stats. 2006, Ch. 510, Sec. 4. Effective January 1, 2007. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  158. 25395.103.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. )

    Verify source ↗

    A bona fide ground tenant seeking immunity must make appropriate inquiries, sign an agreement with the agency and responsible entities, and provide information needed for eligibility and agreement preparation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. ) ## 25395.103. (a) A bona fide ground tenant who seeks to qualify for the immunity pursuant to Section 25395.104 shall make all appropriate inquiries, and shall enter into an agreement pursuant to this article with an agency, and one or more entities that agree to take responsibility for implementing a site assessment and response plan pursuant to subdivision (b). The entity shall be one of the following: (1) The site owner. (2) A redevelopment agency. (3) A city or county. (b) Except as otherwise provided in subdivision (c), an agreement entered into pursuant to this article shall provide that the entity that accepts responsibility for the site assessment and response plan shall conduct a site assessment that substantially complies with the requirements of Section 25395.94 and implement a response plan that substantially complies with the requirements of Section 25395.96. For purposes of any health risk assessment, as specified in paragraph (2) of subdivision (a) of Section 25395.94, that is conducted for a site subject to this article, the intended site occupants shall include any person who is expected to reside at, work at, or otherwise physically cross onto, the boundaries of the site. Both the site assessment and the response plan shall be approved by the agency. Except as necessary to comply with provisions of this article that differ from Article 6 (commencing with Section 25395.90), agreements pursuant to this article shall substantially conform to agreements developed to implement Article 6 (commencing with Section 25395.90), and shall specifically include the agency cost reimbursement provisions required by subdivision (b) of Section 25395.93. (c) An agreement entered into pursuant to this article shall provide that the bona fide ground tenant is responsible to the agency for only the portions of the site assessment and the portions of the response plan that the agency determines to be necessary to allow the site to be used for its intended purposes without unreasonable risk to the human health and safety of the intended site occupants. The bona fide ground tenant shall not be responsible to the agency for any other assessment or remediation of soil, soil gas, groundwater, or other media at the site; nor for any assessment or remediation adjacent to, or in the vicinity of, the site. The agreement shall also specify the portion of the site assessment and the response plan to be implemented by the party other than the bona fide ground tenant. (d) Before finalizing the agreement, the agency shall notify other appropriate agencies, including the host jurisdiction. The agency shall keep, in a permanent archive, copies of all finalized agreements entered into pursuant to this article. (e) Agreements entered under this article shall not be subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (f) A person who enters into an agreement under this article shall submit sufficient information to the agency for the agency to determine whether the site is eligible, whether the person meets the conditions to qualify as a bona fide ground tenant, and to prepare an agreement pursuant to this section. (Added by Stats. 2006, Ch. 510, Sec. 4. Effective January 1, 2007. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  159. 25395.104.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. )

    Verify source ↗

    A bona fide ground tenant gets specified immunities once the agency certifies the required conditions; the agency can also enforce agreement conditions and may withdraw certification if later grounds exist.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. ) ## 25395.104. (a) Except as otherwise provided in this section, a bona fide ground tenant shall qualify for the following immunities: (1) The bona fide ground tenant shall not be liable under any applicable statute for a claim made by a person, other than an agency, for response costs or other relief associated with a release or threatened release of a hazardous material at the site once the bona fide ground tenant obtains a certification pursuant to subdivision (b) or (c) that the immunity provided by this section has attached. (2) (A) Except as provided in subparagraph (B), an agency shall not, subsequent to the date of the agreement, take any action under any applicable statute to require a bona fide ground tenant to take a response action on account of a release or threatened release of a hazardous material at a site. (B) The agency that entered into the agreement pursuant to this article may take action under any applicable statute to enforce the conditions imposed on the bona fide ground tenant pursuant to the agreement. (b) Except as provided in subparagraph (B) of paragraph (2) of subdivision (a), the immunity provided in this section shall attach to a bona fide ground tenant once the agency certifies in writing that all of the following have occurred: (1) A site assessment has been completed sufficient for the agency to determine the remedial measures necessary to allow the site to be used for its intended purposes without unreasonable risk to the human health and safety of the intended site occupants. (2) Except for site monitoring, reporting, institutional controls, operation and maintenance activities, and other ongoing obligations of the bona fide ground tenant, if any, the portion of the site investigation and the response plan necessary to allow the site to be used for its intended purposes without unreasonable risk to the human health and safety of the intended site occupants, including any confirmation sampling required by the agency to confirm that this standard has been met, has been implemented to the agency’s satisfaction. (3) To the extent required in the agreement entered into pursuant to this article, all wells, piping, extraction systems, or similar materials or equipment required for the conduct of remediation efforts to be performed by a person other than the bona fide ground tenant have either been installed to the agency’s satisfaction or have been accounted for to the agency’s satisfaction in site development plans and specifications. (4) If applicable, an instrument that restricts or imposes obligations on the present of future uses or activities on the site has been executed and recorded pursuant to Section 1471 of the Civil Code. (c) A party to an agreement pursuant to this article may request the agency to issue a written certification confirming that the conditions stated in subdivision (b) have been met and that the immunity provided for in this section is in effect. The agency shall provide this certification within 60 days of the date it finds that the conditions stated in subdivision (b) have been met. (d) The agency that issued a certification pursuant to subdivision (c) may withdraw that certification if it first provides reasonable notice and opportunity for the bona fide ground tenant to take action to prevent the withdrawal, and subsequent to the notice and cure opportunity makes any of the following findings: (1) A material deviation from those requirements applicable to the bona fide ground tenant under the agreement entered into pursuant to this article that has not been approved by the agency exists and continues to exist subsequent to the notice and cure period. (2) The bona fide ground tenant induced the agency to issue the certification by fraud, or intentional nondisclosure or misrepresentation. (e) Upon the agency’s certification pursuant to subdivision (c), the immunity provided in this section extends to all of the following: (1) The bona fide ground tenant and any successor who demonstrates to the agency that the person meets the qualifying conditions of subdivision (b) of Section 25395.102 and subdivisions (c), (d), (e), and (f) of Section 25395.80 and who assumes the bona fide ground tenant’s obligations of any agreement entered into pursuant to this article. (2) A person who provides financing to a person specified in paragraph (1). (f) The immunity provided in this section does not extend to, and may not be transferred to, a person who was a responsible party, as that term is defined in Section 78145 for the release at the site prior to acquiring an interest in the site from the bona fide ground tenant or providing financing as specified in paragraph (3) of subdivision (e). (g) The immunity provided in this section shall be in addition to any other immunity provided by law. (h) This section shall not modify or limit the existing authority of a state or local agency to impose a condition on the issuance of a discretionary permit relating to the development, use, or occupancy of a site. (i) This section shall not relieve a bona fide ground tenant from reporting, disclosure, and notification requirements under any applicable statute. (j) The entry into an agreement pursuant to this article shall not constitute an admission of any fact or liability or conclusion of law for any purpose or proceeding and a person who enters into an agreement under this article shall not be deemed liable under any other provision of law solely by reason of entering into the agreement. (k) If the use of the property changes, after a response plan is approved, to a use that requires a higher level of protection, the agency may require the preparation and implementation of a new response plan pursuant to this article. (l) A bona fide ground tenant that purchases a site subsequent to leasing, or taking an easement in the site, may convert its status to that of a bona fide purchaser pursuant to Article 6 (commencing with Section 25395.90) if the bona fide ground tenant otherwise meets the requirements of Section 25395.69 and Article 6 (commencing with Section 25395.90). Upon the conversion, the bona fide ground tenant shall qualify for any and all immunities available to a bona fide purchaser under this chapter. (m) If the response plan relies on the use of institutional or engineering controls to make the site suitable for its intended purposes without unreasonable risk to the human health and safety of the intended occupants of the site, the bona fide ground tenant seeking immunity shall provide any applicable financial assurances, using financial assurance guidelines and mechanisms approved by a board, department, or organization of the California Environmental Protection Agency; periodic reports as required by the agency to demonstrate that there remains no unreasonable risk to the human health and safety of the intended occupants. The bona fide ground tenant shall not make any change in use of the site that is inconsistent with any land use control recorded for the site unless the change is approved by the agency pursuant to Sections 25233 and 25234 or, in the case of the board or a regional board, substantially similar procedures. (Amended by Stats. 2022, Ch. 258, Sec. 87. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  160. 25395.105.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. )

    Verify source ↗

    A person may keep or obtain immunity for certain hazardous-material release situations if the required response actions are taken and the agency agrees the conditions are met; if the person causes or contributes to a non-de minimis release, the person must respond to it under applicable law.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. ) ## 25395.105. (a) Notwithstanding subdivision (b) of Section 25395.102, on and after the date when the immunity specified in Section 25395.104 attaches, a person shall remain eligible for immunity if a release of hazardous materials at the site during a response action is de minimis and the agency determines that all necessary response actions to address the release have been taken. (b) Notwithstanding subdivision (b) of Section 25395.102 with respect to a release of hazardous materials at the site that is not characterized in or through the site investigation or the response plan, a person shall remain eligible for the immunity provided in Section 25395.104, if the person takes response actions with respect to the release of hazardous materials that the agency determines to be necessary to prevent unreasonable risk to the human health and safety of the intended site occupants specified in the agreement entered into pursuant to this article. (c) Notwithstanding subdivision (b) of Section 25395.102, on and after the date when the immunity specified in Section 25395.104 attaches, a person shall remain eligible for immunity obtained pursuant to this article with regard to a release that is the subject of a certificate of completion and immunities issued pursuant to Section 25395.104. If the person causes or contributes to a release of a hazardous material, other than a de minimis release, the person shall be responsible for responding to that release in accordance with all applicable law. (Repealed and added by Stats. 2006, Ch. 510, Sec. 4. Effective January 1, 2007. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  161. 25395.106.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. )

    Verify source ↗

    This section limits the article’s immunity: it does not cover several listed liabilities, violations, or releases, and it does not restrict agency response actions or other legal defenses.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 7. Bona Fide Ground Tenant Immunity [25395.102 - 25395.106] ( Article 7 repealed and added by Stats. 2006, Ch. 510, Sec. 4. ) ## 25395.106. (a) This article does not provide immunity from any of the following: (1) Liability for bodily injury or wrongful death. (2) A requirement imposed under Chapter 6.5 (commencing with Section 25100), including, but not limited to, corrective action and closure and postclosure requirements. (3) A criminal act. (4) A permit violation. (5) A contractual indemnity agreement between a purchaser and seller of real property. (6) New releases, other than de minimis releases, of hazardous materials that are caused or contributed to by a bona fide ground tenant. (b) This article does not limit the authority of an agency to conduct a response action that is necessary to protect public health and safety or the environment pursuant to an applicable statute. (c) This article does not do either of the following: (1) Limit a defense to liability that may be available to a person under any other provision of law. (2) Impose a new obligation on a bona fide ground tenant other than those specifically assumed by the bona fide ground tenant under an agreement entered into pursuant to this article. (Added by Stats. 2006, Ch. 510, Sec. 4. Effective January 1, 2007. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  162. 25395.109.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 8. Repeal [25395.109- 25395.109.] ( Article 8 added by Stats. 2006, Ch. 510, Sec. 5. )

    Verify source ↗

    This section says Chapter 6.82 stays in force until January 1, 2037, then is repealed unless a later statute enacted before that date deletes or extends the sunset date.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 8. Repeal [25395.109- 25395.109.] ( Article 8 added by Stats. 2006, Ch. 510, Sec. 5. ) ## 25395.109. This chapter shall remain in effect only until January 1, 2037, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2037, deletes or extends that date. (Amended by Stats. 2025, Ch. 173, Sec. 1. (AB 961) Effective January 1, 2026. Repealed as of January 1, 2037, by its own provisions, with continuing effect as provided in Section 25395.110. Note: Repeal affects Chapter 6.82, commencing with Section 25395.60.)
  163. 25395.110.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 1. Immunity Continuation [25395.110- 25395.110.] ( Article 1 added by Stats. 2004, Ch. 705, Sec. 2. )

    Verify source ↗

    A person who qualified for immunity under former Chapter 6.82 before January 1, 2037 keeps that immunity after that date if they stay in compliance with the former chapter, including approved response plans and other applicable laws.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 1. Immunity Continuation [25395.110- 25395.110.] ( Article 1 added by Stats. 2004, Ch. 705, Sec. 2. ) ## 25395.110. (a) A person who, before January 1, 2037, qualifies for immunity pursuant to Chapter 6.82 (commencing with Section 25395.60), as that chapter read on December 31, 2036, shall continue to have that immunity on and after January 1, 2037, if the person continues to be in compliance with the requirements of former Chapter 6.82 (commencing with Section 25395.60), including, but not limited to, compliance with all response plans approved pursuant to Article 6 (commencing with Section 25395.90) of former Chapter 6.82, and compliance with all other applicable laws. (b) This article shall become operative on January 1, 2037. (Amended by Stats. 2025, Ch. 173, Sec. 2. (AB 961) Effective January 1, 2026. Operative January 1, 2037, pursuant to subd. (b).)
  164. 25395.115.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the article, including “agency,” “board,” “department,” “regional board,” “bona fide purchaser,” and “release.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. ) ## 25395.115. The definitions set forth in this section govern the interpretation of this article. (a) “Agency” means the department, the board, or a regional board. (b) “Board” means the State Water Resources Control Board. (c) (1) “Bona fide purchaser” means a person, or a tenant of a person, who acquires ownership of a site on or after January 1, 2005, and who establishes all of the following by a preponderance of the evidence: (A) All releases of the hazardous materials at issue at the site occurred before the person acquired the site, except as described in subparagraph (B). (B) All of the conditions of Section 25395.80 to qualify as a bona fide purchaser have been met. (C) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release or threatened release at the site through any of the following circumstances: (i) Any direct or indirect familial relationship. (ii) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instrument by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services. (iii) The result of a reorganization of a business entity that was potentially liable for the release or threatened release of hazardous materials at the site. (2) For purposes of this section, “release” does not include passive migration. (d) “Department” means the Department of Toxic Substances Control. (e) “Regional board” means a California regional water quality control board. (Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
  165. 25395.116.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. )

    Verify source ↗

    A bona fide purchaser may seek a consultative services agreement, and an agency may review submitted environmental data and development plans under that agreement.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. ) ## 25395.116. (a) To facilitate the decision of a bona fide purchaser to apply for a bona fide purchaser agreement, the bona fide purchaser may first enter into a consultative services agreement with the department pursuant to Section 25201.9 or with an agency. (b) Under the terms of a consultative services agreement entered into in accordance with this section, an agency may review any environmental data and development plans that may be submitted by a bona fide purchaser. (c) The consultative services agreement shall include all of the following: (1) Require the bona fide purchaser to pay for the agency’s services. (2) Not commit the bona fide purchaser to purchase, remediate, or otherwise act with regard to the site. (3) Provide for a review and meeting to discuss the environmental data and development plans within 30 days of submission. (d) Upon review of the data and plans specified in paragraph (3) of subdivision (c), the agency shall provide comments to the bona fide purchaser of what further information might be needed to ascertain what response action, if any, will be necessary. The agency shall also provide comments to the bona fide purchaser on any proposed response actions that may be necessary and an estimate of the time it may take to negotiate and approve a bona fide purchaser agreement. (e) An agency shall enter into a consultative services agreement, in accordance with this section, subject to available staff and resources, as determined by the agency. If the agency declines to enter into a consultative services agreement, the agency shall provide specific reasons for its decision to the bona fide purchaser requesting the agreement. (Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
  166. 25395.117.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. )

    Verify source ↗

    This section requires specified California agencies and departments to update database systems and websites, and to implement the section’s requirements by January 1, 2006.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. ) ## 25395.117. (a) On or before January 1, 2006, the agency and the California Environmental Protection Agency shall implement the requirements imposed by this section. (b) The department shall revise and upgrade the department’s database systems, including the list of hazardous substances release sites adopted pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 and the information sent to the agency pursuant to Section 65962.5 of the Government Code, to enable compatibility with existing databases of the board, including the GIS mapping system established pursuant to Section 25299.97. The department shall also install improvements to the database systems to maintain and display information that includes the number of brownfield sites, each brownfield site’s location, acreage, response action, site assessments, and the number of orphan sites where the department is overseeing the response action. (c) The California Environmental Protection Agency, the department, the regional boards, and the board shall expand their respective internet websites to allow access to information about brownfield sites and other response action sites through a single internet website portal. (Amended by Stats. 2022, Ch. 258, Sec. 88. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  167. 25395.118.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. )

    Verify source ↗

    The department may use certain grants for state response programs to implement Section 25395.117, if it follows the grant’s terms and conditions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. ) ## 25395.118. The department may expend any grant received pursuant to Section 128 of the Small Business Liability Relief and Brownfield Revitalization Act (42 U.S.C. Sec. 9628), for state response programs, to implement Section 25395.117 to the extent the activities are in accordance with the terms and conditions of the grant. (Added by Stats. 2004, Ch. 705, Sec. 2. Effective January 1, 2005.)
  168. 25395.119.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. )

    Verify source ↗

    The Secretary for Environmental Protection must designate a brownfields ombudsperson when existing resources are available or funds become available.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.83. Land Use and Revitalization [25395.110 - 25395.119] ( Chapter 6.83 added by Stats. 2004, Ch. 705, Sec. 2. ) ## ARTICLE 2. Public Information [25395.115 - 25395.119] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 2. ) ## 25395.119. (a) Using existing resources or when funds become available, the Secretary for Environmental Protection shall designate a brownfields ombudsperson whose responsibilities shall include, but are not limited to, all of the following: (1) Assisting in the coordination of the brownfields activities of each office, board, and department within the California Environmental Protection Agency. (2) Advocating and expanding the relationship between the California Environmental Protection Agency and local, state, and federal governmental entities’ efforts pertaining to brownfields. (3) Serving as the California Environmental Protection Agency’s representative on committees, working groups, and other organizations pertaining to brownfields. (4) Providing assistance in investigating complaints from the public, and helping to resolve and coordinate the resolution of those complaints relating to the brownfields activities of each office, board, and department within the California Environmental Protection Agency. (5) Facilitating and advocating that the issue of environmental justice for communities most impacted, including low-income and racial minority populations, is considered in brownfields activities of each office, board, and department within the California Environmental Protection Agency. (b) The brownfield ombudsperson is not authorized to make or reverse a decision of an office, board, or department within the California Environmental Protection Agency. (Amended by Stats. 2012, Ch. 39, Sec. 76. (SB 1018) Effective June 27, 2012.)
  169. 25395.60.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [25395.60 - 25395.62] ( Article 1 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section states legislative findings about contaminated properties and why cleanup and redevelopment are needed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [25395.60 - 25395.62] ( Article 1 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.60. The Legislature finds and declares all of the following: (a) There are thousands of properties in the state where redevelopment has been hindered due to real or perceived hazardous materials contamination. Cleaning up these sites and returning them to productive use will benefit the communities in which they are located and the state as a whole. (b) Contamination of property in the state has hampered redevelopment, which in turn has limited job creation, economic revitalization, and the full and productive use of the land. (c) Private developers, local governments, and schools are reluctant to acquire or redevelop these properties due, at least in part, to concerns regarding liability associated with historic contamination. Instead, they focus new development on clean areas that present fewer complications and lower risk of liability. (d) This has resulted in a multitude of problems, including urban sprawl, decaying inner-city neighborhoods and schools, public health and environmental risks stemming from contaminated properties, lack of development at former manufacturing sites and rural areas in need of economic investment, and reduced tax bases. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  170. 25395.61.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [25395.60 - 25395.62] ( Article 1 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s intent to prioritize cleanup and reuse of contaminated sites while protecting public health, safety, and the environment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [25395.60 - 25395.62] ( Article 1 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.61. It is the intent of the Legislature, in enacting this chapter, to do all of the following: (a) Establish the cleanup and reuse of these sites in a manner protective of public health and safety and the environment as a priority of the state. (b) Relieve innocent owners, bona fide prospective purchasers, and owners of property adjacent to contaminated sites of liabilities and responsibilities that should be borne by those who caused or contributed to the contamination. (c) Encourage process efficiencies that continue to ensure that cleanups are protective of public health and safety and the environment. (d) Encourage the development and redevelopment of unused or underused properties in urban areas. (e) Establish a voluntary process for bona fide purchasers, innocent landowners, and contiguous property owners to make certain the extent of their liability, if any, under state law for hazardous materials contamination caused by other persons, without otherwise altering existing state law regarding liability for hazardous materials releases. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  171. 25395.62.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [25395.60 - 25395.62] ( Article 1 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section says the chapter is known as the California Land Reuse and Revitalization Act of 2004 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [25395.60 - 25395.62] ( Article 1 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.62. This chapter shall be known, and may be cited, as the “California Land Reuse and Revitalization Act of 2004.” (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  172. 25395.63.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section says the definitions in this article and Article 6 control how this chapter is interpreted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.63. The definitions set forth in this article and in Article 6 (commencing with Section 25395.90) shall govern the interpretation of this chapter. If a term is not otherwise defined in this chapter, the definition contained in Part 2 (commencing with Section 78000) of Division 45 shall apply to that term. (Amended by Stats. 2022, Ch. 258, Sec. 78. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  173. 25395.64.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “Agency” as the department, the board, or a regional board.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.64. “Agency” means the department, the board, or a regional board. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  174. 25395.65.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “all appropriate inquiries” for certain property purchases.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.65. “All appropriate inquiries” has the following meanings: (a) Except as provided in subdivision (c), until the date when the standards and practices established by the Administrator of the United States Environmental Protection Agency pursuant to Section 101(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are adopted and take effect, “all appropriate inquiries” means: (1) For property acquired on or before December 1, 2000, compliance with American Society for Testing and Materials Standard El527-97 entitled “Standard Practice for Environmental Site Assessment”: Phase 1 Environmental Site Assessment Process. (2) For property acquired after December 1, 2000, compliance with American Society for Testing and Materials Standard El527-00. (b) Except as provided in subdivision (c), on and after the date when the standards and practices established by the Administrator of the United States Environmental Protection Agency pursuant to Section 101(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are adopted and take effect, “all appropriate inquiries” means compliance with those standards, except that any portion of the inquiry that includes the practice of engineering or the practice of geology shall be carried out in conformance with applicable state statutes. (c) If the property is used solely for residential use and has four or fewer units at the time of acquisition by a nongovernmental or noncommercial entity, “all appropriate inquiries” means that a site inspection and title search does not reveal a basis for further investigation. (Amended by Stats. 2005, Ch. 22, Sec. 121. Effective January 1, 2006. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  175. 25395.66.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “applicable law” as certain listed state statutory and common laws tied to liability for pollution conditions caused by hazardous material releases or threatened releases near property.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.66. “Applicable law” means all of the provisions of the following state statutory and common laws that impose liability on an owner or occupant of property for pollution conditions caused by a release or threatened release of hazardous material on, under, or adjacent to the property: (a) Title 1 (commencing with Section 3479) of, Title 2 (commencing with Section 3490) of, and Title 3 (commencing with Section 3501) of, Part 3 of Division 4 of the Civil Code. (b) Chapter 2 (commencing with Section 731) of Title 10 of Part 2 of the Code of Civil Procedure, but not including Section 736 of the Code of Civil Procedure. (c) Section 5650 of the Fish and Game Code. (d) Chapter 6.7 (commencing with Section 25280) and Chapter 6.75 (commencing with Section 25299.10) of this division, and Part 2 (commencing with Section 78000) of Division 45. (e) Chapter 1 (commencing with Section 13000) to Chapter 5 (commencing with Section 13300), inclusive, of Division 7 of the Water Code. (f) State common law regarding contribution, nuisance, trespass, and equitable indemnity. (Amended by Stats. 2022, Ch. 258, Sec. 79. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  176. 25395.67.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    “Appropriate care” means a qualified hazardous-materials response action meeting agency approval conditions, or a finding that no further action is required.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.67. “Appropriate care” means either of the following: (a) The performance of a response action, with respect to hazardous materials found at a site, for which the agency makes the determination specified in paragraph (1) of subdivision (c) of Section 25395.96 and that meets all of the following conditions: (1) The response action is determined by an agency to be necessary to prevent an unreasonable risk to human health and safety or the environment, as defined in Section 25395.90. (2) The response action is performed in accordance with a response plan approved by the agency pursuant to Article 6 (commencing with Section 25395.90). (3) The approved response plan includes a provision for oversight and approval of the completed response action by the agency pursuant to Article 6 (commencing with Section 25395.90). (b) A determination that no further action is required pursuant to Section 25395.95. (Amended by Stats. 2005, Ch. 22, Sec. 122. Effective January 1, 2006. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  177. 25395.68.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    “Board” means the State Water Resources Control Board.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.68. “Board” means the State Water Resources Control Board. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  178. 25395.69.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines when a person or tenant can qualify as a “bona fide purchaser” of a site, including timing, proof requirements, and liability exclusions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.69. (a) “Bona fide purchaser” means a person, or a tenant of a person, who acquires ownership of a site on or after January 1, 2005, and who establishes all of the following by a preponderance of the evidence: (1) All releases of the hazardous materials at issue at the site occurred before the person acquired the site, except as described in paragraph (2). (2) All of the conditions of Section 25395.80 to qualify as a bona fide purchaser have been met. (3) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release or threatened release at the site through any of the following circumstances: (A) Any direct or indirect familial relationship. (B) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instrument by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services. (C) The result of a reorganization of a business entity that was potentially liable for the release or threatened release of hazardous materials at the site. (b) For purposes of this section, “release” does not include passive migration. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  179. 25395.70.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    Defines “contiguous property owner” and states that “release” does not include passive migration.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.70. (a) “Contiguous property owner” means a person who owns a site that is adjacent to or otherwise similarly situated with respect to another site that is, or may be, contaminated by a release or threatened release of a hazardous material and that is not owned by that person, and who demonstrates, by a preponderance of the evidence, all of the following: (1) The person did not cause, contribute, or consent to the release or threatened release. (2) At the time the person acquired the property, the person made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site. (3) All of the conditions of Section 25395.80 to qualify as a contiguous property owner have been met. (4) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release at issue through any of the following circumstances: (A) Any direct or indirect familial relationship. (B) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instruments by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services. (C) The result of a reorganization of a business entity that was potentially liable for the hazardous materials. (b) For purposes of this section, “release” does not include passive migration. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  180. 25395.71.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “Department” as the Department of Toxic Substances Control.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.71. “Department” means the Department of Toxic Substances Control. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  181. 25395.72.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “endangerment” as a condition creating an actual and unreasonable risk to human health and safety from actual or threatened exposure to hazardous materials.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.72. “Endangerment” means a condition that poses an actual and unreasonable risk to human health and safety arising from actual or threatened exposure to hazardous materials. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  182. 25395.73.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “fair market value” as the price a seller is willing to accept and a buyer is willing to pay in an open-market, arm’s-length transaction.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.73. “Fair market value” means the price a seller is willing to accept and a buyer willing to pay on the open market and in an arm’s length transaction. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  183. 25395.74.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “hazardous material” by cross-reference to Section 25260(d).

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.74. “Hazardous material” has the same meaning as defined in subdivision (d) of Section 25260. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  184. 25395.75.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “innocent landowner” and says “release” does not include passive migration for this section.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.75. (a) “Innocent landowner” means a person who owns a site, did not cause or contribute to a release or threatened release at the site, meets the conditions to qualify as an “innocent landowner” specified in Section 25395.80, and is any one of the following: (1) A person who, at the time the person acquired the property, made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site. (2) A government entity that acquired property by escheat, or through any another involuntary transfer acquisition, or through the exercise of eminent domain authority by purchase or condemnation, or by means of a lien arising from delinquent taxes, assessments, or charges. (3) A person who acquired the property by inheritance or bequest. (4) A person who qualifies for the defense from liability under Section 107(b) of the federal act (42 U.S.C. Sec. 9607(b)). (b) For purposes of this section, “release” does not include passive migration. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  185. 25395.76.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    “Land use control” means a recorded instrument that restricts or imposes obligations on present or future site uses or activities.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.76. “Land use control” means a recorded instrument executed pursuant to Section 1471 of the Civil Code that restricts or imposes obligations on the present or future uses or activities on a site, including, but not limited to, recorded easements, covenants, restrictions or servitudes, or any combination thereof. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  186. 25395.77.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “passive migration” as the leaking, leaching, or movement of a hazardous material into or through the environment without prior human activity by certain property-related persons before the substance first entered the environment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.77. “Passive migration” means the leaking, leaching or movement of a hazardous material into or through the environment, for which no human activity by the bona fide purchaser, innocent landowner, or contiguous property owner preceded the initial entry of that substance into the environment. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  187. 25395.78.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    “Regional board” means a California regional water quality control board.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.78. “Regional board” means a California regional water quality control board. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  188. 25395.79.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    “Release” means the same thing as in Section 78105(a).

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.79. “Release” has the same meaning as defined in subdivision (a) of Section 78105. (Amended by Stats. 2022, Ch. 258, Sec. 80. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  189. 25395.79.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “response plan” as a written plan submitted to an agency under Section 25395.96.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.79.1. “Response plan” means a written plan submitted to an agency pursuant to Section 25395.96. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  190. 25395.79.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines “site,” “infill area,” and “urban area,” and excludes certain locations from the definition of “site.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 2. Definitions [25395.63 - 25395.79.2] ( Article 2 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.79.2. (a) “Site” means real property located in an urban infill area for which the expansion, redevelopment, or reuse may be complicated by the presence or perceived presence of hazardous materials. (b) “Site” does not include any of the following: (1) A facility that is listed or proposed for listing on the National Priorities List established under Section 105 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sec. 9605). (2) A site on the list maintained by the department pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45. (3) A site that is solely impacted by a petroleum release from an underground storage tank eligible for reimbursement from the California Underground Storage Tank Cleanup Fund. (c) For purposes of this section, the following definitions shall apply: (1) “Infill area” means a vacant or underutilized lot of land within an urban area that has been previously developed or that is surrounded by parcels that are or have been previously developed. (2) “Urban area” means either of the following: (A) An incorporated city. (B) An unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria: (i) The population of the unincorporated area and the population of the surrounding incorporated cities is equal to a population of 100,000 or more. (ii) The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities. (Amended by Stats. 2022, Ch. 258, Sec. 81. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  191. 25395.80.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    A person must prove several conditions to qualify as a bona fide purchaser, innocent landowner, or contiguous property owner.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.80. For purposes of this chapter, to qualify as a bona fide purchaser, innocent landowner, or contiguous property owner a person shall establish, by a preponderance of the evidence, all of the following conditions: (a) On or before the date on which the person acquired the site, the person made all appropriate inquiries into the previous ownership and uses of the site. (b) The person exercises appropriate care with respect to the release or threatened release of hazardous materials at the site. (c) The person provides full cooperation, assistance, and access to a person who is authorized to conduct response actions or natural resource restoration at the site, including the cooperation and any access necessary for the installation, integrity, operation, and maintenance of complete or partial response actions or natural resource restoration at the site. (d) The person complies with land use controls established or relied on, in connection with an approved response action at the site, and does not impede the effectiveness or integrity of any aspect of any remedy employed at the site in connection with a response action. (e) The person complies with all requests for information or an administrative subpoena concerning the release or threatened release of hazardous substances by any agency with jurisdiction under an applicable statute. (f) The person provides all notices and satisfies reporting requirements required by state or federal law with respect to the discovery or release of hazardous substances at the site. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  192. 25395.81.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    Certain qualifying property owners get immunity from liability and response-action orders, unless specified exceptions apply.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.81. (a) Except as provided in Section 25395.85, and except as otherwise provided under this section, a bona fide purchaser, innocent landowner, or contiguous property owner who did not cause or contribute to the release at the site, qualifies for the following immunities: (1) The bona fide purchaser, innocent landowner, or contiguous property owner is not liable under any applicable statute for a claim made by any person, other than an agency, for response costs or other damages associated with a release or threatened release of a hazardous material at the site characterized in the site assessment conducted pursuant to, or a response plan approved pursuant to, Article 6 (commencing with Section 25395.90). (2) An agency shall not take an action under an applicable statute to require a bona fide purchaser, innocent landowner, or contiguous property owner to take a response action, other than a response action required in an approved response plan, with respect to the hazardous material release at a site that is characterized in the site assessment conducted pursuant to, or a response plan approved pursuant to Article 6 (commencing with Section 25395.90), unless both of the following conditions apply: (A) The conditions on the property pose an endangerment. (B) The agency does one of the following: (i) Makes all reasonable efforts, including taking appropriate administrative enforcement actions, to compel any necessary response action from other potentially responsible parties, and those efforts have been unsuccessful. (ii) Reasonably determines, after the exercise of reasonable inquiry, that no potentially responsible party exists with sufficient financial resources to perform the required response action at the site. (b) This section does not modify or limit the existing authority of a state or local agency to impose a condition on the issuance of a discretionary permit relating to the development, use, or occupancy of any site. (c) The immunities described in this section shall attach when the bona fide purchaser, innocent landowner, or contiguous property owner enters into an agreement with an agency pursuant to Section 25395.92 and shall remain in effect unless one of the following occurs: (1) The bona fide purchaser, innocent landowner, or contiguous property owner receives a written notice of an unapproved, material deviation from the agreement from the agency. (2) The bona fide purchaser, innocent landowner, or contiguous property owner or an agency terminates the agreement before a finding of no further action is made pursuant to subdivision (b) of Section 25395.95 or a certificate of completion is issued pursuant to Section 25395.97. (d) A person who otherwise qualifies for immunity under this chapter and who commits fraud, intentional nondisclosure, or misrepresentation to an agency with respect to any requirement of this chapter, does not qualify as a bona fide purchaser, innocent landowner, or contiguous property owner. (e) This section does not relieve a bona fide purchaser, innocent landowner or contiguous property owner from reporting, disclosure and notification requirements under any applicable statute. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  193. 25395.82.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section lets a person keep immunity in certain hazardous-materials-release situations if conditions are met, and requires response actions or responsibility when the person caused or contributed to the release.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.82. (a) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on and after the date when the immunity specified in subdivision (c) of Section 25395.81 attaches, the person shall remain eligible for immunity if a release of hazardous materials at the site during a response action is de minimis and the agency determines that all necessary response actions to address the release have been taken. (b) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on and after the date when the immunity specified in subdivision (c) of Section 25395.81 attaches, the person shall remain eligible for immunity if either of the following occur: (1) Both of the following conditions are met: (A) A release of hazardous materials that poses an unreasonable risk is discovered before the agency makes a finding of no further action pursuant to Section 25395.95 or issues a certificate of completion pursuant to Section 25395.97. (B) The release specified in subparagraph (A) is appropriately resolved to the satisfaction of the agency pursuant to paragraph (8) of subdivision (a) of Section 25395.96. (2) All of the following conditions are met: (A) A release of hazardous materials that poses an unreasonable risk is discovered after the agency makes a finding of no further action pursuant to Section 25395.95, or issues a certificate of completion pursuant to Section 25395.97. (B) The innocent landowner, bona fide purchaser, or contiguous property owner did not cause or contribute to the release. (C) The release specified in subparagraph (A) is appropriately resolved to the satisfaction of the agency pursuant to paragraph (8) of subdivision (a) of Section 25395.96. (c) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on and after the date when the immunity specified in subdivision (c) of Section 25395.81 attaches, the person shall remain eligible for immunity obtained pursuant to this chapter with regard to a release that is the subject of a finding of no further action made pursuant to Section 25395.95 or a certificate of completion issued pursuant to Section 25395.97. If the person causes or contributes to a release of a hazardous material, that person shall be responsible for responding to that release in accordance with all applicable statutes. (d) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on and after the date when the immunity specified in subdivision (c) of Section 25395.81 attaches to a site and a release of hazardous materials is discovered on or under the site, a response action shall be conducted at the site in accordance with the following: (1) If the response action is for petroleum related contamination caused predominately by a release from an underground storage tank, the funds in the Underground Storage Tank Cleanup Fund shall, to the extent permissible by law, be used in accordance with Section 25299.51. (2) If the response action is for a hazardous materials release not otherwise subject to paragraph (1), and the agency determines the hazardous material release endangers public health or safety, the person who entered into the agreement with the agency shall pay for, or undertake, the response action. If the agency determines the hazardous materials release does not endanger public health or safety, the person who entered into the agreement shall not be required to pay for, or undertake, the response action. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  194. 25395.83.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    An agency may place a lien for unrecovered response costs at a site, subject to listed conditions and limits.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.83. (a) If there are unrecovered costs incurred by an agency at a site for which an owner of the site is not liable as an innocent landowner, bona fide purchaser, or contiguous property owner, an agency shall have a lien on the site, or may, by agreement with the owner, obtain from the owner a lien on other property or other assurance of payment for the unrecovered response costs, subject to all of the following requirements: (1) A response action for which there are unrecovered costs of the agency is carried out at the site. (2) The response action increased the fair market value of the site above the fair market value of the site that existed before the response action was initiated. (b) The lien may include costs that are first incurred by the agency with respect to a response action at the site. (c) The lien amount shall not exceed the increase in fair market value of the property attributable to the response action at the time of a sale or other disposition of the property, and shall not exceed the unrecovered response costs actually incurred by the agency. (d) The lien shall continue until the earlier of satisfaction of the lien by sale or other means, or recovery of all response costs incurred by the agency at the site. Once the amount of the lien is satisfied in full, the agency shall record satisfaction on lien on the real property. (e) The notice of the lien shall be recorded in the official records of the county recorder’s office for the county in which the real property is located. (f) A lien imposed under this section shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien is located. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  195. 25395.84.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    A court may award reasonable attorneys’ fees and expert fees in qualifying response-cost claims, and the claimant must serve certain documents at least 20 calendar days before trial.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.84. (a) A court of competent jurisdiction may award reasonable attorneys’ fees and experts’ fees to a person who initiates a claim under an applicable law for contribution for, or recovery of, response costs incurred for a response action, or for any other response costs incurred at a site, if the person meets all of the following criteria: (1) The person is a bona fide purchaser, an innocent landowner, a contiguous property owner, or a bona fide ground tenant, as defined in subdivision (b) of Section 25395.102, and qualifies for immunity pursuant to this chapter. (2) The person is a prevailing party. (3) On or before 20 calendar days prior to the date of the trial on issues relating to the response costs at issue, the person serves on the defendant both of the following: (A) If a response plan has been approved for that site pursuant to Article 6 (commencing with Section 25395.90) or Article 7 (commencing with Section 25395.102), as applicable, a copy of the approved response plan. (B) A written demand for compensation setting forth the specific sum demanded from the defendant, including a statement of the reasoning supporting the demand. The amount of written demand shall include all response costs sought from the defendant at issue, including all interest, but shall not include litigation expenses, attorneys’ fees, and experts’ fees. The amount of the demand may include any alleged consequential damages. (b) ln determining whether to award reasonable attorneys’ fees and experts’ fees pursuant to this section, a court shall consider the relationship of the amount of the written demand described in subparagraph (B) of paragraph (3) of subdivision (a) to the total sum of the response costs and, if appropriate and included in the demand, the consequential damages in the written demand, to the final determination of the costs and damages by the trier of fact. (c) A court may award reasonable attorneys’ fees and experts’ fees to an agency that is the prevailing party in an action arising out of this chapter. (Amended by Stats. 2006, Ch. 510, Sec. 1. Effective January 1, 2007. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  196. 25395.85.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    Certain listed landowners and tenants may seek contribution from a person responsible for a hazardous-materials discharge or release when they incur specified agency oversight costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.85. An innocent landowner, bona fide purchaser, contiguous landowner, or bona fide ground tenant, as defined in subdivision (b) of Section 25395.102, may seek contribution from any person who is responsible for a discharge or release of hazardous materials for which the innocent landowner, bona fide purchaser, contiguous landowner, or bona fide ground tenant incurs agency oversight costs for the review of a response plan or oversight of the implementation of a response plan subject to this chapter. (Amended by Stats. 2006, Ch. 510, Sec. 2. Effective January 1, 2007. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  197. 25395.86.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section says the chapter does not give immunity for several kinds of liability, and it does not restrict agency authority to act or use property-value evaluations in eminent domain matters.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 3. Liability [25395.80 - 25395.86] ( Article 3 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.86. (a) This chapter does not provide immunity from any of the following: (1) Liability for bodily injury or wrongful death. (2) Any requirement imposed under Chapter 6.5 (commencing with Section 25100), including, but not limited to, corrective action and closure and postclosure requirements. (3) Criminal acts. (4) Permit violations. (5) Contractual indemnity agreements between purchasers and sellers of real property. (6) New releases of hazardous materials that are caused or contributed to by an innocent landowner, bona fide purchaser, or contiguous property owner. (b) This chapter shall not apply as a defense or immunity to any action taken by a redevelopment agency pursuant to Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24. (c) This chapter does not limit the authority of an agency to conduct a response action it determines is necessary to protect public health and safety or the environment pursuant to an applicable statute. (d) This chapter does not preclude a state or local agency that is taking property by eminent domain, negotiating to acquire property in lieu of taking it by eminent domain, or considering the taking of property through the exercise of eminent domain authority, from evaluating the impact on the value of the property resulting from a release or threatened release of any hazardous material, from incorporating that evaluation into any offer of compensation for that property, or from presenting that evaluation at a trial or other proceeding to establish the value of the property. (e) This chapter does not do either of the following: (1) Limit a defense to liability that may be available to a person under any other provision of law. (2) Impose any new obligation on an owner of real property other than those specifically assumed by the owner under an agreement entered into pursuant to Article 6 (commencing with Section 25395.90). (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  198. 25395.87.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 5. Information and Reports [25395.87- 25395.87.] ( Article 5 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    The California Environmental Protection Agency must create a form, collect submitted information, and post reports about it.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 5. Information and Reports [25395.87- 25395.87.] ( Article 5 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.87. (a) On or before March 31, 2005, the California Environmental Protection Agency shall develop a form that, upon approval of a response plan, shall be completed and submitted to the agency by a bona fide purchaser or innocent landowner who qualifies for immunity pursuant to this chapter. The form shall include, but is not required to be limited to, all of the following information: (1) A description of the site, including its address and location. (2) A description of the type and extent of hazardous materials releases and threatened releases identified for response at the site pursuant to a response plan. (3) An estimate of the cost of the response action to be undertaken pursuant to a response plan. (4) A description of the present and proposed use of the site, including current and potential future zoning and land use designations. (5) A description of any land use restrictions, covenants, deed restrictions or other conditions imposed on the site owned by a party who qualifies for immunity pursuant to this chapter. (6) A description and the concentrations of the release and threatened releases specified in paragraph (2) that will not be remediated pursuant to the response plan. (b) On or before January 1, 2006, and annually thereafter, the California Environmental Protection Agency shall, to the extent that resources are available, compile the information submitted pursuant to this section and post a report of its findings on its Web site. The posted report shall compare the data collected pursuant to this section with information collected prior to January 1, 2005, to the extent that this information is available. (c) The report posted pursuant to subdivision (b) shall, to the extent practicable, compare the number and quality of response actions completed pursuant to this chapter with similar response actions completed prior to its enactment, and shall evaluate the impact of the benefit of this chapter’s immunities on the acquisition and development of properties. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  199. 25395.90.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    This section defines terms used in Article 6, including “action level,” “host jurisdiction,” and “unreasonable risk.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.90. (a) Except as otherwise expressly provided in this article, the definitions in Article 2 (commencing with Section 25395.63) apply to the terms used in this article. (b) “Action level” has the same meaning as defined in paragraph (1) of subdivision (c) of Section 116455. (c) “Host jurisdiction” means the city or county in which the site is located and which has the authority to take action regarding the site pursuant to Title 7 (commencing with Section 65000) of the Government Code. (d) “Unreasonable risk” at a site means that a condition at a site requires a response action pursuant to Part 2 (commencing with Section 78000) of Division 45 of this code or Division 7 (commencing with Section 13000) of the Water Code. (Amended by Stats. 2022, Ch. 258, Sec. 82. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  200. 25395.91.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

    Verify source ↗

    Some land-related parties are allowed to enter into an agreement under this article, and such agreements are exempt from a specified Public Contract Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.91. (a) Only the following are eligible to enter into an agreement pursuant to this article: (1) A bona fide purchaser, innocent landowner, or contiguous property owner who meets the requirements specified in Section 25395.80. (2) A prospective purchaser who is in contract to acquire a site through a purchase agreement, option agreement, or otherwise, and satisfies the requirements of Section 25395.69, except for any provision that requires current ownership of the site. However, a prospective purchaser who enters into an agreement pursuant to this article shall not receive the immunities provided in Section 25395.81 until the time that the prospective purchaser acquires the site. (b) An agreement entered under this article is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, including, but not limited to, Section 10295 of the Public Contract Code. (Amended by Stats. 2009, Ch. 167, Sec. 1. (SB 143) Effective January 1, 2010. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.