Today's Law As Amended


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SB-763 State Water Resources Control Board: underground storage tanks.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 25284.1 of the Health and Safety Code is amended to read:

25284.1.
 (a) The board shall take all of the following actions with regard to the prevention of unauthorized releases from petroleum underground storage tanks:
(1) On or before June 1, 2000, initiate a field-based research program to quantify the probability and environmental significance of releases from underground storage tank systems meeting the 1998 upgrade requirements specified in Section 25284, as that section read on January 1, 2002. The research program shall do all of the following:
(A) Seek to identify the source and causes of releases and any deficiencies in leak detection systems.
(B) Include single-walled, double-walled, and hybrid tank systems, and avoid bias towards known leaking underground storage tank systems by including a statistically valid sample of all operating underground storage tank systems.
(C) Include peer review.
(2) Complete the research program on or before June 1, 2002.
(3) Use the results of the research program to develop appropriate changes in design, construction, monitoring, operation, and maintenance requirements for tank systems.
(4) On or before January 1, 2001, adopt regulations to do all of the following:
(A) (i) Require underground storage tank owners, operators, service technicians, installers, and inspectors to meet minimum industry established  industry-established  training standards and require tank facilities to be operated in a manner consistent with industry established  industry-established  best management practices.
(ii) The board shall implement an outreach effort to educate small business owners or operators on the importance of the regulations adopted pursuant to this subparagraph.
(B) (i) Except as provided in clauses (ii) and (iii), require testing of the secondary containment components, including under-dispenser and pump turbine containment components, upon initial installation of a secondary containment component and periodically thereafter, to ensure that the system is capable of containing a release  releases  from the primary containment until the a  release is detected and cleaned up. The board shall consult with the petroleum industry and local governments government  to assess the appropriate test or tests that would comply with this subparagraph.
(ii) Secondary containment components that are part of an emergency generator  tank system may be tested using enhanced leak detection, if the test is performed at the frequency specified by the board for testing of secondary containment pursuant to Section 2644.1 of Title 23 of the California Code of Regulations. If the results of the enhanced leak detection test indicate that any component of the emergency generator  tank system is leaking liquid or vapor, the owner or operator shall take appropriate actions to correct the leakage, and the owner or operator shall retest the system using enhanced leak detection until the system is no longer leaking liquid or vapor.
(iii) Any tank or piping that is part of an emergency generator  tank system and located within a structure as described in paragraph (2) of subdivision (a) of Section 25283.5 is exempt from the secondary containment testing required by clause (i) (i),  if the owner or operator conducts a  visual inspection inspections  of the  tank or piping each time the tank system is operated, but no less than monthly, and maintains a log of inspection results for review by the local agency. This clause does is  not apply applicable  if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of unburied tanks that are part of an emergency generator  tank system.
(C) Require annual testing of release detection sensors and alarms, including under-dispenser and pump turbine containment sensors and alarms. The board shall consult with the petroleum industry and local governments government  to assess the appropriate test or tests that would comply with this subparagraph.
(5) (A) Require an owner or operator of an underground storage tank installed after July 1, 1987, if a tank is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, to have the underground storage tank system fitted, on or before July 1, 2001, with under-dispenser containment or a spill containment or control system that is approved by the board as capable of containing any accidental release.
(B) Require all underground storage tanks installed after January 1, 2000, to have the tank system fitted with under-dispenser containment or a spill containment or control system to meet the requirements of subparagraph (A).
(C) Require an owner or operator of an underground storage tank that is not otherwise subject to subparagraph (A), and not subject to subparagraph (B), to have the underground storage tank system fitted to meet the requirements of subparagraph (A), on or before December 31, 2003.
(D) On and after January 1, 2002, no person shall install, repair, maintain, or calibrate monitoring equipment for an underground storage tank unless that person satisfies both of the following requirements:
(i) The person has fulfilled training standards identified by the board in regulations adopted pursuant to this section.
(ii) The person possesses a tank testing license issued by the board pursuant to Section 25284.4, or a Class “A” General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or C-61 (D-40) (D40)  Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors Contractors’  State License Board.
(E) Loans and grants for the installation of under-dispenser containment or a spill containment or control system shall be made available pursuant to Chapter 6.76 (commencing with Section 25299.100).
(6) Convene a panel of local agency and regional board representatives to review existing enforcement authority and procedures and to advise the board of any changes that are needed to enable local agencies to take adequate enforcement action against owners and operators of noncompliant underground storage tank facilities. The panel shall make its recommendations to the board on or before September 30, 2001. Based on the recommendations of the panel, the board shall also establish effective enforcement procedures in cases involving fraud.
(b) On or before July 1, 2001, the Contractors Contractors’  State License Board, in consultation with the board, the petroleum industry, air pollution control districts, air quality management districts, and local governments, government,  shall review its requirements for petroleum underground storage tank system installation and removal contractors and make changes, where appropriate, to ensure these contractors are qualified.

SEC. 2.

 Section 25299.51 of the Health and Safety Code is amended to read:

25299.51.
 The board may expend the moneys money  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  State Board of Equalization  in collecting the fee imposed by Article 5 (commencing with Section 25299.40).
(c) To pay for the reasonable and necessary costs of corrective action pursuant to Section 25299.36, up to one million dollars ($1,000,000) five hundred thousand dollars ($1,500,000)  per occurrence. The Legislature may appropriate the money in the fund for expenditure by the board, without regard to fiscal year, for prompt action in response to any unauthorized release.
(d) To pay for the costs of an agreement for the abatement of, and oversight of the abatement of, an unauthorized release of hazardous substances from underground storage tanks tanks,  by a local agency, as authorized by Section 25297.1 or by any other provision of  law, except that, for the purpose of expenditure of these funds, only underground storage tanks  tanks, as defined in Section 25299.24,  shall be the subject of the agreement.
(e) To pay for the costs of cleanup and oversight of unauthorized releases at abandoned tank sites. The board shall not expend more than 25 percent of the total amount of money collected and deposited in the fund annually for the  purposes of this subdivision and subdivision (h).
(f) To pay claims pursuant to Section 25299.57.
(g) To pay, upon order of the Controller, for refunds pursuant to Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code.
(h) To pay for the reasonable and necessary costs of corrective action pursuant to subdivision (f) of Section 25296.10, in response to an unauthorized release from an underground storage tank subject to this chapter.
(i) To pay claims pursuant to Section 25299.58.
(j) To pay for expenditures by the board associated with discovering violations of, and enforcing, or assisting in the enforcement of, the requirements of Chapter 6.7 (commencing with Section 25280) with regard to petroleum underground storage tanks.
(k) For transfer to the Petroleum Underground Storage Tank Financing Account, for purposes of Chapter 6.76 (commencing with Section 25299.100).
(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.

SEC. 3.

 Section 25299.102 of the Health and Safety Code is amended to read:

25299.102.
 The board shall only  make loan funds available 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 this  state. The board shall give priority to awarding loans to small businesses that meet the definition of small business specified in subdivision (d) of Section 14837 of the Government Code.
(b) The loan applicant owns or operates a  project tanks. tank. 
(c) The loan applicant demonstrates the ability to repay the loan, and the availability of adequate collateral to secure the loan.
(d) All tanks, except for project tanks, owned or tanks owned and  operated by the loan applicant are in  subject to  compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. and the regulations adopted pursuant to that chapter. 
(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) (e)  The loan applicant is in compliance  has complied, or will comply,  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  Section 25299.31 and the  regulations adopted pursuant to that subchapter. this section. 

SEC. 4.

 Section 25299.103 of the Health and Safety Code is amended to read:

25299.103.
 (a)  A complete loan application shall include all of the following:
(a) (1)  Evidence that the applicant is a small business, as described in subdivision (a) of Section 25299.102. of eligibility. 
(b) Evidence that the applicant owns or operates the project tanks.
(c) (2)  An environmental audit, environmental site assessment, or other documentation acceptable to the board that assesses environmental compliance and risks at the facility. as specified in Section 5260 of Title 10 of the California Code of Regulations. 
(d) (3)  Financial and legal documents necessary to demonstrate the applicant’s ability to repay and provide collateral for the loan. The board shall develop a standard list of documents required of all applicants, and may also request from individual applicants additional financial and legal documents not provided on this list.
(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) (4)  An explanation of the reasons why the work  project tank  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. not in compliance with applicable local, state, or federal standards, and evidence that tanks not included in the list of project tanks are currently in compliance with applicable local, state, or federal standards. 
(h) (5)  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. be completed in order for the project tanks to comply with applicable local, state, or federal standards. 
(i) (6)  Any other information that the board determines to be necessary to include in an application form.
(b) Notwithstanding paragraph (4) of subdivision (a), the board may not refuse to grant a loan to an applicant solely because the applicant has failed to obtain a permit pursuant to the requirements of Chapter 6.7 (commencing with Section 25280).

SEC. 5.

 Section 25299.104 of the Health and Safety Code is amended to read:

25299.104.
 (a) The minimum amount that the board may loan an applicant is ten thousand dollars ($10,000), and the maximum amount that the board may loan an applicant is seven hundred fifty thousand dollars ($750,000).
(b) The term of the loan shall be for a maximum of 20 years if secured by real property, and for 10 years if not secured by real property. The interest rate for loans shall be set at the rate equal to one-half of the most recent general obligation bond rate obtained by the office of the Treasurer at the time of the loan commitment.
(c) Loan funds may be used to finance up to 100 percent of the costs necessary to upgrade, remove, or replace project tanks, to comply with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. including corrective actions, to meet applicable local, state, or federal standards, including, but not limited to, any design, construction, monitoring, operation, or maintenance requirements adopted pursuant to Sections 25284.1, 25292.4, and 41954. 
(d) The board may charge a loan fee to loan applicants of up to 2 percent of the requested loan amount. The loan fee shall be deposited in the Petroleum Underground Storage Tank Financing Account.
(e) The inoperation or repeal of this chapter pursuant to Section 25299.117 shall not extinguish a loan obligation and shall not impair the deed of trust or other collateral made pursuant to this chapter or the authority of the state to pursue appropriate action for collection.
(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.

SEC. 6.

 Section 25299.105 of the Health and Safety Code is amended to read:

25299.105.
 (a) The board shall make grant funds available from the Petroleum Underground Storage Tank Financing Account to eligible grant applicants who meet all of the following eligibility requirements:
(1) The grant applicant is a small business, pursuant to the following requirements:
(A) The grant applicant meets the conditions for a small business concern, 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 this  state.
(3) All tanks, except for project tanks, owned or tanks owned and  operated by the grant applicant are in  subject to  compliance with Chapter 6.7 (commencing with Section 25280), Section 41954, and implementing regulations. 25280) and the regulations adopted pursuant to that chapter. 
(4) (A)  The facility where the project tanks are tank is  located has sold at retail less than 1,500,000 900,000  gallons of gasoline annually for each of the two years preceding the submission of the grant application. Except as provided in subparagraph (B), the  The  number of gallons sold shall be based upon taxable sales figures provided to the California Department of Tax and Fee Administration  State Board of Equalization  for that facility.
(B) (5)  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. grant applicant owns or operates a tank that is in compliance with all of the following: 
(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. Section 41954. 
(B) All Any  of the following requirements are met: following: 
(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. Section 25290.1. 
(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. Section 25290.2. 
(iii) The project tanks are not currently red tagged by the local agency pursuant to Section 25292.3. Section 25291. 
(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. Subdivisions (d) and (e) of Section 25292. 
(C) Any regulation implementing the applicable sections required for compliance with subparagraphs (A) and (B).
(6) Except as provided in subdivision (b), the  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. tank is located was legally in business retailing gasoline after January 1, 1999. 
(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) (b)  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. comply with the requirements of Section 25284.1, 25292.4, 25292.5, or 41954. 

SEC. 7.

 Section 25299.106 of the Health and Safety Code is amended to read:

25299.106.
 A complete grant application shall include all of the following information:
(a) Evidence that the grant applicant is a small business, as described in subdivision (a) of Section 25299.102. of eligibility. 
(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. The board shall develop a standard list of documents required of all applicants, and may also request from individual applicants additional financial and legal documents not provided on this list. 
(c) 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) (c)  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. Sections 25284.1 and 25292.4 or Section 41954. 
(h) (d)  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. be completed for the project tanks to comply with applicable local, state, or federal standards, if applicable. 
(i) (e)  Any other information that the board determines to be necessary to include in an application form.

SEC. 8.

 Section 25299.107 of the Health and Safety Code is amended to read:

25299.107.
 (a) Except as provided in subdivision (e), the  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 fifty  thousand dollars ($70,000). ($50,000). 
(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. comply with Sections 25284.1, 25292.4, 25292.5, and 41954. 
(c) If the board received the applicant’s grant application on or before April 1, 2009, grant funds may be used to reimburse up to 100 percent of the costs that the applicant incurred after the board received the grant application to comply with the Enhanced Vapor Recovery Phase II regulations.
(d) Except as provided in subdivision (e), a  A  person or entity is not eligible to receive more than seventy fifty  thousand dollars ($70,000) ($50,000)  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).

SEC. 9.

 Section 25299.109 of the Health and Safety Code is amended to read:

25299.109.
 (a) The Petroleum Underground Storage Tank Financing Account is hereby created in the State Treasury. All of the following moneys shall be deposited in the Petroleum Underground Storage Tank Financing Account:
(1) Federal, state, and local funds transferred for deposit in the account.
(2) Repayments of loans and interest and late fees on loans issued pursuant to this chapter.
(3) Repayments of loans and interest and late fees on loans issued pursuant to former Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title 2 of the Government Code, as that chapter existed on December 31, 2003.
(4) Moneys collected pursuant to Section 25299.110 and subdivision (d) of Section 25299.104.
(5) Repayments of loan and grant moneys paid to a loan or grant applicant to which the applicant is not entitled.
(6) Notwithstanding Section 16305.7 of the Government Code, all interest earned upon moneys that are deposited in the account.
(7) All unexpended moneys in a subaccount of the account that is consolidated into the account by the act adding this paragraph.
(8) All unexpended moneys in the Petroleum Financing Collection Account established pursuant to Section 25299.110, as added by Section 1 of Chapter 624 of the Statutes of 2004.
(b) Upon appropriation by the Legislature, funds in the account shall be used by the board to make loans and grants, service loans, recover defaulted loan moneys due, protect the state’s position as a lender creditor, and administer this chapter.
(c) The board shall annually make available not more than 25 percent of the available funds from the account for the purposes of providing grants pursuant to this chapter.
(d) Eight million dollars ($8,000,000) is hereby transferred from the portion of the fees collected pursuant to subdivisions (a) to (e), inclusive, of Section 25299.43 in the Underground Storage Tank Cleanup Fund, to the Petroleum Underground Storage Tank Financing Account, and is hereby appropriated for the purposes of making grants and loans pursuant to this chapter and administering this chapter.

SEC. 10.

 Section 25299.110 of the Health and Safety Code is repealed.

25299.110.
 To defray the costs of the board in administering the loan program created pursuant to this chapter, the board may do all of the following:
(a) Impose reasonable charges on all applications and impose the loan fee specified in subdivision (d) of Section 25299.104.
(b) Recover collection costs from the borrower or other party.
(c) Earn income on any asset recovered pursuant to a loan default.

SEC. 11.

 Section 25299.110 is added to the Health and Safety Code, to read:

25299.110.
 To defray the costs of the board in administering the loan program created pursuant to this chapter, the board may do all of the following:
(a) Impose reasonable charges on all applications and impose the loan fee specified in subdivision (d) of Section 25299.104.
(b) Recover collection costs from the borrower or other party.
(c) Earn income on any asset recovered pursuant to a loan default.

SEC. 12.

 Section 25299.113 of the Health and Safety Code is repealed.

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.

SEC. 13.

 Section 25299.117 of the Health and Safety Code is amended to read:

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. is repealed as of January 1, 2022, unless a later enacted statute that is enacted on or before January 1, 2022, deletes or extends that date. 
(b) Notwithstanding subdivision (a), the repeal of this chapter does not terminate any of the following rights, obligations, authorities, or any provision necessary to carry out these rights, obligations, and authority:
(1) The repayment of loans due and payable to the board.
(2) The resolution of any cost recovery action or the initiation of an action or other collection process to recover defaulted loan moneys due to the board or to recover grant moneys paid but to which the grantee is not entitled.
(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.