Section 3422.1 - Grant Eligibility(a) An applicant shall be eligible for a grant upon a determination by the Board of all of the following:(1) The applicant is a small business that owns or operates the project tanks;(2) All tanks owned and operated by the applicant, except for the project tanks, are in compliance with chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations;(3) Except as provided in subdivision (b), the project facility meets either of the following: (A) The project tanks are in compliance with chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations; or(B) All of the following are true: i. The project tanks will be in compliance with chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations following completion of the project;ii. The applicant submitted the grant application no more than 180 days after the applicable local agency notified the applicant that the project tanks are not in compliance with chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, or any implementing regulation;iii. The project tanks are not currently red tagged pursuant to section 25292.3 of the Health and Safety Code; andiv. The project facility, at the time of application, is not subject to any enforcement action seeking to impose administrative civil liability, civil liability, or criminal liability pursuant to chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, or any implementing regulation, unless the underlying violations that are the subject of that enforcement action have been corrected.(4) Except as provided in subdivision (b), the project facility is, or was during any part of the two years preceding the submission of the application, legally in business retailing motor vehicle fuel;(5) The project facility has sold, at retail, less than 1,500,000 gallons of gasoline annually for each of the two years preceding the submission of the grant application; and(6) Except as provided in subdivision (b) of section 3421.1, the total of any previous RUST Program grants that the applicant has received is less than sixty-seven thousand dollars ($67,000).(b) The Board may waive the requirements of paragraphs (3) and (4) of subdivision (a) if all of the following are true: (1) The project tanks will be removed and will not be replaced with new tanks; and(2) The applicant is not eligible for a loan pursuant to section 3422.Cal. Code Regs. Tit. 23, § 3422.1
1. New section 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, 25299.105 and 25299.107, Health and Safety Code.
1. New section filed 3-6-2023; operative 7/1/2023 (Register 2023, No. 10).