Current as of: 2009
(a) The board shall make grant funds available from the
Petroleum Underground Storage Tank Financing Account to eligible
grant applicants who meet all of the following eligibility
(1) The grant applicant is a small business, pursuant to the
(A) The grant applicant meets the conditions for a small business
concern as defined in Section 632 of Title 15 of the United States
Code, and in the federal regulations adopted to implement that
section, as specified in Part 121 (commencing with Section 121.101)
of Chapter I of Title 13 of the Code of Federal Regulations.
(B) The grant applicant employs fewer than 20 full-time and
part-time employees, is independently owned and operated, and is not
dominant in its field of operation.
(2) The principal office of the grant applicant is domiciled in
the state and the officers of the grant applicant are domiciled in
(3) All tanks owned and operated by the grant applicant are
subject to compliance with Chapter 6.7 (commencing with Section
25280) and the regulations adopted pursuant to that chapter.
(4) The facility where the project tank is located has sold at
retail less than 900,000 gallons of gasoline annually for each of the
two years preceding the submission of the grant application. The
number of gallons sold shall be based upon taxable sales figures
provided to the State Board of Equalization for that facility.
(5) The grant applicant owns or operates a tank that is in
compliance with all of the following:
(A) Section 41954.
(B) Any of the following:
(i) Section 25290.1.
(ii) Section 25290.2.
(iii) Section 25291.
(iv) Subdivisions (d) and (e) of Section 25292.
(C) Any regulation implementing the applicable sections required
for compliance with subparagraphs (A) and (B).
(6) The facility where the project tank is located was legally in
business retailing gasoline after January 1, 1999.
(b) Grant funds may only be used to pay the costs necessary to
comply with the requirements of Section 25284.1, 25292.4, or 25292.5.
(c) If the total amount of grant requests by eligible grant
applicants to the board pursuant to this section exceeds, or is
anticipated to exceed, the amount in the Petroleum Underground
Storage Tank Financing Account, the board may adopt a priority
ranking list to award grants based upon the level of demonstrated
financial hardship of the eligible grant applicant or the relative
impact upon the local community where the project tank is located if
the claim is denied.
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