00 CS FOR HOUSE BILL NO. 513(STA)                                                                                          
01 "An Act relating to financial assistance for certain owners or operators of                                             
02 underground petroleum storage tank systems; and providing for an effective date."                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 46.03.360(f) is amended to read:                                                                    
05  (f) If the department determines that an owner or operator is not eligible for                                       
06 assistance under AS 46.03.410 - 46.03.430 or that a cost is not eligible under                                         
07 AS 46.03.415 - 46.30.430 and the affected owner or operator disputes that                                               
08 determination, or if an owner or operator disputes the ranking assigned to a request for                                
09 assistance under AS 46.03.420, the owner or operator may apply to the board for                                         
10 resolution of the dispute.  The board may issue a decision in a dispute brought to it                                   
11 under this subsection.  The decision is binding on the owner, operator, and department.                                 
12    * Sec. 2.  AS 46.03.430(a) is amended to read:                                                                       
13  (a)  The department shall, by regulation, establish a grant program under which                                       
14 the owner or operator of an underground petroleum storage tank, other than the state                                    
01 or federal government, may, upon application, receive a grant for 60 percent of the                                     
02 eligible costs of tank upgrading or closure, subject to a maximum total grant of                                        
03 $60,000 per facility.  An application for assistance under this section must be                                        
04 submitted before December 31, 1994.                                                                                    
05    * Sec. 3.  EXTENDED APPLICATION PERIOD FOR FINANCIAL ASSISTANCE                                                      
06 RELATING TO UNDERGROUND STORAGE TANK SYSTEMS.  (a)  Notwithstanding                                                     
07 AS 46.03.420, the owner or operator of an underground petroleum storage tank system, other                              
08 than the state or federal government, may apply for grants and loans under AS 46.03.420 if                              
09   (1)  before December 31, 1994, the owner or operator applied under                                                    
10 AS 46.03.430 for a grant for upgrading or closure of an underground petroleum storage tank;                             
11   (2)  while the person's grant application under AS 46.03.430 was pending or                                           
12 while closure or upgrading was taking place under an approved grant, contamination from the                             
13 tank was discovered that the department determines was not reasonably obvious before                                    
14 December 22, 1993; and                                                                                                  
15   (3)  the owner or operator reported the contamination to the department in                                            
16 compliance with state and federal law before July 1, 1996; for purposes of this section, the                            
17 time deadline of AS 46.03.420(c)(1)(A) does not apply.                                                                  
18  (b)  Except as provided in (a) of this section, an applicant who applies under this                                    
19 section for assistance under AS 46.03.420 must comply with all of the requirements of                                   
20 AS 46.03.420, including the requirement to demonstrate that the release occurred before                                 
21 December 22, 1993.                                                                                                      
22  (c)  A determination by the Department of Environmental Conservation relating to an                                    
23 application authorized under this section is subject to the same dispute resolution procedures                          
24 under AS 46.03.360(f) that other applications for assistance under AS 46.03.410 - 46.03.430                             
25 are subject to.                                                                                                         
26     * Sec. 4.  This Act takes effect July 1, 1994.