CSSB 295(JUD): "An Act relating to financial assistance for certain owners or operators of underground petroleum storage tank systems; and providing for an effective date."
00CS FOR SENATE BILL NO. 295(JUD) 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.