CSHB 432(FIN): "An Act extending the termination date of the Board of Storage Tank Assistance; expanding the authority of the board to issue recommendations concerning cleanup decisions; relating to the eligibility of certain nonprofit entities for financial assistance under the tank cleanup grant program and the tank upgrading and closure program; and providing for an effective date."
00CS FOR HOUSE BILL NO. 432(FIN) 01 "An Act extending the termination date of the Board of Storage Tank Assistance; 02 expanding the authority of the board to issue recommendations concerning cleanup 03 decisions; relating to the eligibility of certain nonprofit entities for financial 04 assistance under the tank cleanup grant program and the tank upgrading and 05 closure program; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 44.66.010(a)(18) is amended to read: 08 (18) Board of Storage Tank Assistance (AS 46.03.360) -- June 30, 2003 09 [1999]; 10 * Sec. 2. AS 46.03.420(c) is amended to read: 11 (c) An owner or operator of an underground petroleum storage tank system is 12 not eligible for a grant or loan under this section for activities related to a release 13 unless the release occurs before December 22, 1993, and the owner or operator 14 (1) establishes the following to the department's reasonable satisfaction:
01 (A) the owner or operator reported the release to the department 02 in compliance with state and federal law before July 1, 1994, for a release that 03 the owner or operator establishes first occurred on or after September 5, 1990, 04 and before December 22, 1993; 05 (B) the owner or operator promptly reported the release to the 06 department in compliance with applicable regulations; 07 (C) the tank or tank system from which the release occurred 08 was installed before December 22, 1988; 09 (D) the owner and operator have, within six months after 10 September 5, 1990, been in compliance with all state and federal laws 11 applicable to underground petroleum storage tank systems and releases from 12 them, including notification and registration laws, but excluding financial 13 responsibility requirements; 14 (E) the release was not a result of the owner's or operator's 15 gross negligence, recklessness, or intentional conduct; 16 (2) agrees to 17 (A) upgrade all underground petroleum storage tanks located at 18 the facility from which the release occurred to the standards set by state and 19 federal regulations according to a time line established by the department; 20 notwithstanding (g) of this section and AS 46.03.365(c), the department may 21 require upgrading under this subparagraph that is required earlier than that 22 required under federal law; or 23 (B) remove and properly dispose of all liquids and sludges from 24 the underground petroleum storage tanks located at the facility from which the 25 release occurred, conduct a site assessment, and either fill the tanks with inert 26 solid material or properly dismantle, remove, and dispose of the tanks in 27 accordance with applicable state and federal regulations; 28 (3) agrees to submit a plan for risk assessment, containment, corrective 29 action, and cleanup to the department for its review and approval; if the department 30 and the owner or operator cannot reach agreement on a plan , [OR] on later changes 31 in the plan, or on a cleanup decision, the owner or operator may apply to the board
01 to review the dispute; the board may issue a recommendation to the department in a 02 dispute brought to it under this paragraph ; the recommendation may include a 03 suggested time limit for completing appropriate cleanup activities or reaching a 04 cleanup decision ; and 05 (4) certifies under oath and subject to penalty for perjury, on a form 06 required by the department, that the tangible net worth of the operator is $1,000,000 07 or less as of July 1, 1999 , and, unless the tank is owned by the state , [OR] a 08 municipality , or an entity that has qualified for nonprofit status under 09 Sec. 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) , that the net worth 10 of the owner is $1,000,000 or less as of July 1, 1999. 11 * Sec. 3. AS 46.03.422(a) is amended to read: 12 (a) The commissioner may make a loan from the storage tank assistance fund 13 to an owner or operator of an underground petroleum storage tank system for the costs 14 of risk assessment, containment, corrective action, and cleanup resulting from a release 15 of petroleum from or associated with an underground petroleum storage tank system 16 if the owner or operator submitted a timely application for a grant under AS 46.03.420 17 and agrees 18 (1) to accept a loan in the same or lesser amount instead of a grant for 19 the same project; 20 (2) to provide additional security or collateral for the loan if requested 21 by the department ; 22 (3) either to 23 (A) upgrade all underground petroleum storage tanks located at 24 the facility from which the release occurred to the standards set by state and 25 federal regulations according to a time line established by the department; or 26 (B) remove and properly dispose of all liquids and sludges from 27 the underground petroleum storage tanks located at the facility from which the 28 release occurred, conduct a site assessment, and either fill the tanks with inert 29 solid material or properly dismantle, remove, and dispose of the tanks in 30 accordance with applicable state and federal regulations; and 31 (4) to submit a plan for risk assessment, containment, corrective action,
01 and cleanup to the department for its review and approval; if the department and the 02 owner or operator cannot reach agreement on a plan , [OR] on later changes in the 03 plan, or on a cleanup decision, the owner or operator may apply to the board to 04 review the dispute; the board may issue a recommendation to the department in a 05 dispute brought to it under this paragraph ; the recommendation may include a 06 suggested time limit for completing appropriate cleanup activities or reaching a 07 cleanup decision . 08 * Sec. 4. AS 46.03.430(c) is amended to read: 09 (c) A grant may not be awarded under this section 10 (1) for upgrading or closure activities that do not meet the requirements 11 of state and federal law; 12 (2) unless the owner or operator certifies under oath and subject to 13 penalty for perjury, on a form required by the department, that the tangible net worth 14 of the operator is $250,000 or less as of July 1, 1999 and, unless the tank is owned by 15 the state , [OR] a municipality, or an entity that has qualified for nonprofit status 16 under Sec. 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)), that the 17 net worth of the owner is $250,000 or less as of July 1, 1999; 18 (3) if the grant, when combined with a grant to the same owner or 19 operator under AS 46.03.420, exceeds $250,000; or 20 (4) if the grant, when combined with grants and loans to the same 21 owner or operator under AS 46.03.420 and 46.03.422, exceeds $500,000. 22 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).