Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989: brownfields remediation and redevelopment.

(1) Existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (act) , requires an owner of an underground storage tank, as defined, for which a permit is required by law to pay storage fees for each gallon of petroleum placed in the tank. The act establishes the Underground Storage Tank Cleanup Fund (fund) , and requires the storage fees, among other moneys, to be deposited into the fund. The act authorizes the State Water Resources Control Board to expend the moneys in the fund, upon appropriation by the Legislature, to pay for corrective action in response to an unauthorized release from an underground storage tank and for the cleanup and oversight of unauthorized releases at abandoned tank sites, among other specified purposes. The act requires that certain information be submitted to the state board, and other specified agencies, under penalty of perjury. The act provides for the repeal of certain of its provisions on January 1, 2026, but also provides that certain associated rights, obligations, and authorities that apply before the January 1, 2026, repeal date do not terminate upon repeal of the other provisions of the act. This bill would postpone the repeal of those provisions to January 1, 2036. By extending the operation of those portions of the act, the bill would impose a state-mandated local program by continuing the operation of certain crimes regarding the furnishing of information under penalty of perjury. The bill would also include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (2) The act authorizes eligible owners and operators of underground storage tanks containing petroleum to file claims with the state board for reimbursement from the fund of corrective action costs, as provided, incurred to address releases of petroleum from these tanks. The bill would require, on or before July 1, 2022, the state board to convene a stakeholder group, as provided, for the purpose of conducting a study of the fund and its subaccounts and any changes to their existing eligibility criteria or priority classes that would further the expressed intent of the Legislature that all appropriate resources be directed to actions promoting the development of housing, as provided, for purposes of alleviating the state's housing challenges and furthering attainment of the state's climate change mitigation objectives. The bill would require the study to be conducted in consultation with the state board and to consider the creation of a fund eligibility scoring matrix pursuant to which property and community attributes would be prioritized, evaluated, and scored to allow for the assessment, remediation, and redevelopment of properties in a manner that furthers the Legislature's intent and housing and climate change mitigation objectives. The bill would also require the study to consider, among other items, the potential impact of Executive Order No. N-79-20 on the fund, changes to the eligibility criteria or priority classification of claims so as to prioritize assessment and remediation of both petroleum and nonpetroleum hazardous substances, changes to the eligibility criteria or priority classes of loans and grants to better assist small businesses in upgrading, replacing, or removing project tanks, as defined, and additional funding sources to remediate the harm or threat of harm to human health, safety, and the environment caused by existing or threatened surface or groundwater contamination. The bill would require the state board to include in its recommendations proposed changes to statutes required to implement the findings of the study. The bill would require the stakeholder group, on or before July 1, 2024, to prepare and submit to the state board and the Legislature a report presenting the results of the study. (3) 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.