Section 3421 - Grant and Loan Purposes(a) Grant and loan funds may be used only to finance the costs necessary to upgrade, remove, or replace project tanks to comply with chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations.(b) The following are eligible grant and loan costs: (1) The cost of an "upgrade" or "repair" of the project tanks as defined in section of title 232611 of title 23 of the California Code of Regulations;(2) The cost of an upgrade or repair of the project tanks to comply with the section 41954 of the Health and Safety Code and implementing regulations; and(3) The cost of complying with the requirements of chapter 6.7 of division 20 of the Health and Safety Code and implementing regulations for replacing or removing the project tanks.(c) The following are ineligible grant and loan costs:(1) Any cost for work performed before the grantee or borrower has an executed RUST Program grant or loan;(2) Any cost associated with repairing, remodeling, or reconstructing buildings, canopies, or landscaping or other improvements, including building permits and architecture plans;(3) Any cost associated with removing, replacing, upgrading, or installing a dispenser, computer software or equipment that is not part of the monitoring system, or any other equipment that is not necessary to comply with chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations;(4) Any cost associated with installing an additional underground storage tank, dispenser, or associated equipment;(5) Any cost associated with changing the type of petroleum stored in an underground storage tank;(6) Any cost associated with the temporary or permanent closure-in-place of an underground storage tank;(7) Any cost associated with advertising or marketing, including signage, decals, or other markings or advertising;(8) Any cost associated with testing tanks except for testing required pursuant to chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations to ensure proper installation and operation of the project tanks after they have been upgraded, repaired, or replaced;(9) Any cost associated with collecting and analyzing soil samples except for soil samples required for the proper removal of the project tanks pursuant to chapter 6.7 of division 20 of the Health and Safety Code and implementing regulations to detect or confirm if an unauthorized release has occurred;(10) Any cost associated with corrective action as defined in section 25299.14 of the Health and Safety Code;(11) Any carrying cost, interest charge, or finance charge; and(12) Any other costs not directly related to the purposes set forth in subdivision (a).Cal. Code Regs. Tit. 23, § 3421
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
3. Amendment of section and NOTE filed 3-6-2023; operative 7-1-2023 (Register 2023, No. 10). Note: Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.104, 25299.105 and 25299.107, Health and Safety Code.
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
3. Amendment of section and Note filed 3-6-2023; operative 7/1/2023 (Register 2023, No. 10).