SECTIONS 25299.50-25299.63 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25299.50-25299.63

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) Except for funds transferred to the Drinking Water Treatment
and Research Fund created pursuant to subdivision (c) of Section
116367, 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 penalties collected by the board or regional board
pursuant to Section 25299.76.
(c) (1) 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.
(2) Notwithstanding Section 7550.5 of the Government Code, the
board shall report at least once every three months on the
implementation of this subdivision to the Senate Committee on Budget
and Fiscal Review, the Senate Committee on Environmental Quality, the
Assembly Committee on Budget, and the Assembly Committee on
Environmental Safety and Toxic Materials, or to any successor
committee, and to the Director of Finance.

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 a petroleum contamination, including
contamination caused by a refined product of petroleum or a petroleum
derivative, at a site that meets all of the following conditions:
(1) The site meets the conditions described in paragraph (2) of
subdivision (a) of Section 25395.20.
(2) The petroleum contamination is the principal source of
contamination at the site.
(3) The source of the petroleum contamination is, or was, an
underground storage tank.
(4) A financially responsible party has not been identified to pay
for remediation at the site.
(5) 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) A recipient of a grant that was awarded pursuant to former
Section 25299.50.2, as that section read on December 31, 2007, and
whose encumbrance under the grant was not liquidated within the time
period prescribed in Section 16304.1 of the Government Code, may
receive the undisbursed balance of the encumbrance from the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund consistent with the terms of the grant until June 30, 2011.

25299.50.3. (a) For purposes of this section, "school district"
means a school district as defined in Section 80 of the Education
Code, or a county office of education.
(b) The School District Account is hereby created in the
Underground Storage Tank Cleanup 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 Underground Storage Tank Cleanup 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
prior to 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 Underground Storage Tank
Cleanup 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) Funds in the School District Account that are not expended in
the 2009-10 or 2010-11 fiscal years shall remain in the School
District Account. Unencumbered funds remaining in the School District
Account on July 1, 2012, shall be transferred to the Underground
Storage Tank Cleanup Fund. Encumbered funds remaining in the School
District Account on July 1, 2012, shall remain in the School District
Account. Those encumbered funds remaining in the School District
Account on July 1, 2012, shall be liquidated on or before June 30,
2014.
(e) The board shall include 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 Underground Storage Tank Cleanup Fund, in its
annual report, 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) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.

25299.50.4. (a) It is the intent of the Legislature that the board
and the Department of Toxic Substances Control, using information
gathered and reported pursuant to subdivision (e) of Section
25299.50.3, propose changes to Section 25299.50.3 that may be
necessary to ensure that adequate funds are available to reimburse
anticipated future claims by districts that are school districts and
have a priority based on paragraph (4) of subdivision (b) of Section
25299.52. (b) This section shall remain in effect only until July 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before July 1, 2014, deletes or extends that
date.

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.

25299.51. The board may expend the money in the fund for all 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 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 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, 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, 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 6.77 (commencing with
Section 25299.200).

25299.51.2. Within 90 days of the completion of any 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.

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 Charitable Trusts 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.

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.

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 husband, wife, 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.

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.

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 claim or portion of a
claim not paid. 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 unpaid claim 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.

25299.57. (a) If the board makes the determination specified in
subdivision (d), 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. 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. 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, 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.
(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 his or
her 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) The claimant has paid all fees, interest, and penalties
imposed pursuant to Article 5 (commencing with Section 29299.40) 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.
(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 paragraphs (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 three
thousand dollars ($3,000) per occurrence for regulatory technical
assistance to an owner or operator who is otherwise eligible for
reimbursement under this chapter.
(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 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 the subject of a
completed corrective action and for which additional corrective
action is required because of additionally discovered contamination
from the previous release, only if the person who carried out the
earlier and completed corrective action was eligible for, and applied
for, reimbursement pursuant to subdivision (b), and 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). Reimbursement to a claimant on a reopened site shall
occur when funds are available, and 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, in which case funding shall occur at the time it
would have occurred under the original claim.
(2) 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.

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.
(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, 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) The claimant has paid all fees, interest, and penalties
imposed pursuant to Article 5 (commencing with Section 29299.40) 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.
(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 pursuant to subdivision
(d) 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.

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) Notwithstanding Sections 25299.57 and 25299.58, 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).
(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.

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.

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.

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.

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.