SECTIONS 25330.2-25337 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25330.2-25337

25330.2. Funds in the Site Remediation Account appropriated for
removal or remedial action pursuant to this chapter are available for
encumbrance for three fiscal years subsequent to the fiscal year in
which the funds are appropriated and are available for disbursement
in liquidation of encumbrances pursuant to Section 16304.1 of the
Government Code.

25330.4. (a) Notwithstanding any other provision of law, the
Controller shall establish a separate subaccount in the state
account, for any funds received from a settlement agreement or the
General Fund for a removal or remedial action to be performed at a
specific site.
(b) Notwithstanding Section 13340 of the Government Code, funds
deposited in the subaccount for those removal or remedial actions are
hereby continuously appropriated to the department, without regard
to fiscal years, for removal or remedial action at the specific site,
and for administrative costs associated with the removal or remedial
action at the specific site.
(c) Notwithstanding any other provision of law, money in the
subaccount for those removal or remedial actions shall not revert to
the General Fund or be transferred to any other fund or account in
the State Treasury, except for purposes of investment as provided in
Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of
Division 4 of Title 2 of the Government Code.
(d) Notwithstanding Section 16305.7 of the Government Code, all
interest or other increment resulting from investment of the funds
specified in subdivision (a) pursuant to Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the
Government Code shall be deposited in the subaccount for removal or
remedial action at the specific sites.
(e) At the conclusion of all removal or remedial actions at the
specific site, any unexpended funds in any subaccounts established
pursuant to this section shall be transferred to the subaccount for
site operation and maintenance established pursuant to Section
25330.5, if necessary, for those activities at the site, or, if not
needed for site operation and maintenance at the site, to the Toxic
Substances Control Account.
(f) (1) There is hereby created a subaccount in the state account
as the successor fund to the Stringfellow Insurance Proceeds Account
created pursuant to former Section 25330.6, as that section read on
January 1, 2013. All assets, liabilities, and surplus in the
Stringfellow Insurance Proceeds Account shall be transferred to, and
become a part of, this subaccount for the Stringfellow Superfund Site
in Riverside County, as provided in Section 16346 of the Government
Code. All appropriations from the Stringfellow Insurance Proceeds
Account, to the extent encumbered, shall continue to be available
from the subaccount for expenditure for the same purposes and
periods.
(2) This subdivision shall become operative on July 1, 2013.

25330.5. (a) The Controller shall establish a separate subaccount
for site operation and maintenance in the state account. All of the
following amounts shall be deposited in the subaccount:
(1) Funds received from responsible parties for site operation and
maintenance.
(2) Funds received from the federal government pursuant to the
federal act for site operation and maintenance.
(3) Funds received from cities, counties, or any other state or
local agency for site operation and maintenance.
(4) Funds appropriated from the state account by the Legislature
for site operation and maintenance.
(b) Notwithstanding Section 13340 of the Government Code, funds
deposited in the subaccount for site operation and maintenance are
hereby continuously appropriated to the department, without regard to
fiscal years, for site operation and maintenance, and for
administrative costs associated with site operation and maintenance.
(c) Notwithstanding any other provision of law, money in the
subaccount for site operation and maintenance shall not revert to the
General Fund or be transferred to any other fund or account in the
State Treasury, except for purposes of investment as provided in
Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of
Division 4 of Title 2 of the Government Code.
(d) Notwithstanding Section 16305.7 of the Government Code, all
interest or other increment resulting from investment of the funds
specified in subdivision (a) pursuant to Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the
Government Code shall be deposited in the subaccount for site
operation and maintenance.

25330.6. (a) The Stringfellow Insurance Proceeds Account is hereby
created in the State Treasury and shall be administered by the
director.
(b) The funds deposited in the account are available for
expenditure, upon appropriation by the Legislature, for activities
related to the Stringfellow Superfund Site in Riverside County, to
carry out the 2002 Consent Decree, incorporating the 2002 Memorandum
of Understanding and the December 1998 Stringfellow Site Agreement
between the state and the participating defendants, as defined in
those agreements, to the extent any portion of those agreements
remain in force and effect.
(c) Funds in the account appropriated by the Legislature for
contract costs for investigation, removal, remedial, or operation and
maintenance activities at the Stringfellow Superfund Site are
available for encumbrance for three fiscal years, including the
fiscal year in which the funds are appropriated, and are available
for disbursement in liquidation of encumbrances pursuant to Section
16304.1 of the Government Code.
(d) Any requirement that insurance proceeds recovered by the state
in connection with the Stringfellow Superfund Site be deposited in
the account and distributed under the terms of the 1998 Site
Agreement, is hereby declared null and void, in accordance with the
2002 Consent Decree specified in subdivision (b).
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

25331. The state account may sue and be sued in its own name.

25334.7. (a) The department shall report to the Governor and the
Legislature on the progress of the cleanup of the San Gabriel Valley
groundwater sites in Los Angeles County, and on the progress of
enforcement actions relating to those sites, in the biennial report
specified in Section 25178. The report shall include, but not be
limited to, all of the following:
(1) State expenditures and planned expenditures.
(2) Actions accomplished at the sites.
(3) Actions planned, including a time schedule for the
accomplishment of planned actions.
(b) The report may be prepared in cooperation with other state and
federal agencies involved with the sites, and shall include a
summary of the activities of those additional agencies.

25337. (a) There is in the General Fund the Site Remediation
Account, which shall be administered by the director. The account
shall be funded by money transferred from the state account, upon
appropriation by the Legislature. Consistent with the requirements of
Section 114(c) of the federal act (42 U.S.C. Sec. 9614(c)), the
moneys in the account may be expended by the department, upon
appropriation by the Legislature, for direct site remediation costs.
(b) (1) For purposes of this section, "direct site remediation
costs" means payments to contractors for investigations,
characterizations, removal, remediation, or long-term operation and
maintenance at sites contaminated or suspected of contamination by
hazardous materials, where those actions are authorized pursuant to
this chapter.
(2) "Direct site remediation costs" also means the state-mandated
share pursuant to Section 104(c)(3) of the federal act (42 U.S.C.
Sec. 9604(c)(3)).
(3) "Direct site remediation costs" does not include the
department's administrative expenses or the department's expenses for
staff to perform oversight of investigations, characterizations,
removals, remediations, or long-term operation and maintenance.