SECTIONS 42100-42107 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42100-42107

42100. For purposes of this chapter, the following definitions
apply:
(a) "Agency" means the Business, Transportation and Housing
Agency.
(b) "Air board" means the State Air Resources Board.
(c) "Applicant" means a small business that is a metal plating
facility that produces hazardous waste and applies for financial
assistance pursuant to this chapter to reduce the generation of
hazardous waste.
(d) "Chrome plating" has the same meaning as "decorative chromium
electroplating" and "chromic acid anodizing" as defined in the
regulations specifying a hexavalent chromium toxic control measure
for chrome plating adopted by the air board and contained in Section
93102 of Title 17 of the California Code of Regulations.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Emission reduction" has the same meaning as "airborne toxic
risk reduction measure," as defined in subdivisions (a) and (b) of
Section 44390 of the Health and Safety Code.
(g) "Financial company" is defined pursuant to Section 14010 of
the Corporations Code.
(h) "Financial Development Corporation (FDC)" means a corporation
formed under the California Small Business Financial Development
Corporations Law (Ch. 1 (commencing with Sec. 14000) Pt. 5, Div. 3,
Corp. C.).
(i) "Green business program" means a program coordinated by a
local, state, or federal agency for the purposes of assisting and
recognizing businesses that are in compliance with all environmental
laws and regulations, and taking additional steps to conserve natural
resources and prevent pollution.
(j) "Metal plating facility" means an establishment primarily
engaged in all types of electroplating, plating, anodizing, coloring,
and finishing of metals and formed products for the trade. Metal
plating facility includes a chrome plating facility.
(k) "Model Shop Program" means the voluntary pollution prevention
program developed by the Department of Toxic Substances Control with
assistance from the Los Angeles City Bureau of Sanitation, Sanitation
Districts of Los Angeles County, and the Metal Finishing Association
of Southern California, to assist the metal plating industry in
identifying possible sources of pollution and developing alternative
business practices in order to run cleaner, safer shops.
(l) "National Metal Finishing Strategic Goal Program" means the
voluntary program established through a partnership between the
United States Environmental Protection Agency and the metal finishing
industry that encourages companies to move beyond environmental
compliance by offering participants incentives, resources, and means
for removing regulatory and policy barriers as they work to achieve
specific environmental goals.
(m) "Pollution prevention" means the same as source reduction, as
defined by subdivision (e) of Section 25244.14 of the Health and
Safety Code.
(n) "Sensitive receptor" means a school, general acute care
hospital, long-term health care facility, and child day care
facility. For purposes of this subdivision, "general acute care
hospital" has the meaning provided by subdivision (a) of Section 1250
of the Health and Safety Code, "long-term health care facility" has
the meaning provided by subdivision (a) of Section 1418 of the Health
and Safety Code, and "child day care facility" has the meaning
provided by Section 1596.750 of the Health and Safety Code.
(o) "Water board" means the State Water Resources Control Board.

42101. (a) The agency shall work with the department, the air
board, and the water board to develop a loan guarantee program,
through its existing relationship with the Financial Development
Corporations (FDCs) located throughout the state, to assist metal
plating facilities in purchasing high performance environmental
control equipment or technologies that will enable that facility to
meet new or exceed existing regulatory requirements, or both, and
implement additional pollution prevention opportunities.
(b) In establishing the loan guarantee program pursuant to
subdivision (a), the agency shall make every effort to integrate and
leverage existing financing mechanisms for this new program,
including the Treasurer's California Pollution Control Financing
Authority California Capital Access Program (CalCAP), and the
California Infrastructure and Economic Development Bank's (I-Bank)
Revenue Bond program.

42101.1. The agency shall only make loan guarantees available to
applicants that meet all of the following eligibility requirements:
(a) The applicant is a small business, as defined in subdivision
(d) of Section 14837 of the Government Code.
(b) The applicant owns or operates a metal plating facility.
(c) The applicant satisfies one of the following conditions:
(1) Has completed or is currently participating in the Model Shop
Program for metal platers.
(2) Has completed or is currently participating in the National
Metal Finishing Strategic Goals Program.
(3) Is participating in a green business program whose goals are
consistent with the pollution prevention and natural resource
conservation elements of the Model Shop Program.
(4) Is certified as a green business whose goals are consistent
with the pollution prevention and natural resource conservation
elements of the Model Shop Program.
(d) Funds are not obtainable, upon reasonable terms, from
financial companies, without a loan guarantee.
(e) The applicant demonstrates that the facility meets new or
exceeds existing regulatory requirements, or both, has no pending
local, state, or federal enforcement or correction actions, and is
participating in or has completed additional pollution prevention
activities.

42101.2. (a) The maximum amount the agency may guarantee for one
applicant is one hundred thousand dollars ($100,000).
(b) All other terms and conditions are defined pursuant to Article
9 (commencing with Section 14070) of Chapter 1 of Part 5 of the
Corporations Code.

42101.3. The agency shall carry out all of the requirements of this
chapter and shall consult with the California Environmental
Protection Agency, local environmental regulatory agencies, and other
interested parties, as needed.

42102. There is hereby created, in the State Treasury, the Chrome
Plating Pollution Prevention Fund, for the sole purpose of receiving
deposits of state, federal, or local government money, and other
public or private money, for expenditure, upon appropriation by the
Legislature, by the Business, Transportation and Housing Agency.

42102.4. (a) Notwithstanding Section 16305.7 of the Government
Code, all interest or other increments resulting from the investment
of the moneys in the Chrome Plating Pollution Prevention Fund
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 fund.
(b) The money in the fund shall be expended by the agency, upon
appropriation by the Legislature, to make loan guarantees, to support
the Model Shop Program pursuant to this chapter, and to pay for
administrative costs associated with the implementation of this
chapter. No more than 5 percent of moneys deposited into the fund may
be used for administrative purposes.
(c) Loan guarantees shall be secured by a reserve of at least 25
percent.

42102.5. (a) All unencumbered moneys, as of the effective date of
the act that adds this section, in the Chrome Plating Pollution
Prevention Fund are hereby transferred to the General Fund.
(b) All moneys transferred to the Chrome Plating Pollution
Prevention Fund pursuant to subdivision (b) of Section 42102.7 shall
be transferred to the General Fund.
(c) The Secretary of Business, Transportation and Housing shall
deposit into the General Fund all subsequent loan repayments made
pursuant to this chapter.
(d) This section does not terminate any of the following rights,
obligations, or authorities, or any provision necessary to carry out
those rights, obligations, or authorities:
(1) The repayment of loans due and payable to the Business,
Transportation and Housing Agency or the relevant financial company.
(2) The obligation of the state to pay claims arising from the
default of outstanding loans that have been guaranteed.
(3) Payment to lenders for default of any outstanding guaranteed
loans secured by those moneys.
(4) The resolution of any cost recovery action.

42102.7. (a) On January 1, 2006, all moneys remaining in the
Hazardous Waste Reduction Loan Account, created pursuant to Section
14096 of the Corporations Code, are hereby transferred to the Chrome
Plating Pollution Prevention Fund created pursuant to Section 42102,
and are hereby appropriated from that fund to the agency for
expenditure pursuant to this chapter. Those moneys are subject to all
encumbrances on those moneys made prior to January 1, 2005, and to
all legal restrictions on their use other than by state statute.
(b) All moneys paid on or after January 1, 2006, to the Hazardous
Waste Reduction Loan Account, for a loan issued pursuant to former
Article 13 (commencing with Section 14095) of Chapter 1 of Part 5 of
Division 3 of Title 1 of the Corporations Code, shall be transferred
to the Chrome Plating Pollution Prevention Fund, and shall be subject
to this chapter.

42103. The agency, in collaboration with the air board, water
board,, the department, and the FDCs, shall prepare and adopt
criteria and procedures for evaluating applications for loan
guarantees awarded pursuant to this chapter, as well as establish the
appropriate requirements to determine that the equipment proposed to
be purchased assists the small business in meeting new or exceeding
existing applicable environmental standards. In developing these
criteria, the agency shall specifically consider proximity of the
facility to sensitive receptors and residences and coordinate with
existing enforcement activities.

42104. The department shall establish the Model Shop Program in
northern California by replicating the existing Metal Plating Model
Shop Pilot Program, which is currently available only to southern
California metal plating facilities. In selecting participants for
inclusion in the Model Shop Program, the department shall
specifically consider proximity of the facility to sensitive
receptors and residences and coordinate with existing enforcement
activities.

42104.1. Not more than two hundred thousand dollars ($200,000) of
the funds deposited in the Chrome Plating Pollution Prevention Fund
may be used for administration and support of the Model Shop Program.

42105. On or before January 1, 2007, and every odd-numbered year
thereafter, the agency shall prepare a report concerning the
performance of the loan guarantee program established by this
chapter, including the number and size of loan guarantees made,
statewide distribution of applicants, level of participation and
performance of each of the FDCs, characteristics of recipients, and
the amount of money spent on administering the program. This report
shall be posted on the agency's Internet Web site and notification
provided to the appropriate fiscal and policy committees of the
Legislature, and, upon request, to individual Members of the
Legislature. The department shall provide, as a supplement to this
report, an evaluation of the Model Shop Program , including
recommendations for its improvement and expansion, as well as
coordination with existing enforcement activities.

42106. The agency in consultation with the air board, water board
and the department, may adopt regulations to implement this chapter.
The agency may adopt emergency regulations to implement the loan
guarantee program in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and for the purposes of that chapter, including Section 11346.1
of the Government Code, the adoption of these regulations is an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, and safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, an emergency regulation adopted by the board
pursuant to this section shall be filed with, but not repealed by,
the Office of Administrative Law, and shall remain in effect until
revised by the agency.

42107. (a) This chapter shall remain in effect only until January
1, 2012, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2012, deletes or extends
that date.
(b) All unencumbered moneys in the Chrome Plating Pollution
Prevention Fund on January 1, 2012, shall be transferred to the
General Fund.
(c) The repeal of this chapter does not terminate any of the
following rights, obligations, or authorities, or any provision
necessary to carry out these rights, obligations, and authorities:
(1) The repayment of loans, outstanding as of January 1, 2012, due
and payable to the relevant financial company.
(2) The resolution of any cost recovery action.