Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board. Existing law, until January 1, 2022, requires the board to conduct a loan and grant program to assist small businesses in upgrading, replacing, or removing tanks meeting applicable local, state, or federal standards. Existing law imposes requirements for, among other things, eligibility for a loan or grant and elements of a loan or grant application, and authorizes uses of loan or grant funds.
This bill would revise and recast the provisions relating to that loan and grant program, as provided. The bill would extend the operation of the loan and grant program to January 1, 2026, and would make a conforming change. The bill would authorize an authorized representative of a local agency, as defined, or the board to conduct inspections with respect to any place where project tanks are or have been located and with respect to any real property that is within 2,000 feet of any place where project tanks are or have been located, as provided.
The bill would require a person to furnish, under penalty of perjury, any information on grants or loans issued, or applied for, under the program or requested for disbursement of funds pursuant to a grant or loan issued under the program that the local agency or board may require. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would impose a civil penalty on a person who fails or refuses to furnish that information or who furnishes false information, to be collected by the Attorney General in a civil action upon request of the board or by the executive director of the board. The bill would impose a civil penalty on a person who makes a misrepresentation in a document relating to a grant or loan issued under the program, to be collected by the Attorney General in a civil action upon request of the board or by the executive directors of the board. The bill would provide that knowingly making or causing to be made any false statement, material misrepresentation, or false certification in support of any grant or loan is punishable by a fine or imprisonment. By creating a new crime, the bill would impose a state-mandated local program. The bill would require a penalty or fine collected pursuant to these provisions to be deposited in the Petroleum Underground Storage Tank Financing Account. The bill would provide that an action by the executive director of the board to impose civil liability under these provisions is subject to review by the board, as provided.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB3039: 25299.51 HSC, 25299.117 HSC
02/21/20 - Introduced: 25299.51 HSC, 25299.117 HSC
05/04/20 - Amended Assembly: 25299.51 HSC, 25299.100 HSC, 25299.101 HSC, 25299.102 HSC, 25299.103 HSC, 25299.104 HSC, 25299.105 HSC, 25299.106 HSC, 25299.107 HSC, 25299.117 HSC
AB 3039: 25299.51 HSC, 25299.117 HSC