Senate Bill 445 was recently passed inCalifornia to amend current laws regulating underground storagetanks that are used to store hazardous substances, petroleum,groundwater and surface water contamination. SB 445 Chapter 547changes a number of requirements of the Underground Storage Tank Cleanup Fund (USTCF).Most significantly, the establishment of the Site CleanupSubaccount (SCSA) expands the scope of contaminated properties thatare eligible for funds to offset cost of investigation andremediation. This may help property owners get access to funds toclean up contaminated properties, and ease the financial burden onbusiness owners to comply with regulations by offering areimbursement (funded by an increase in the storage fee that USTowners are required to pay for each gallon of petroleum)

Specifics of SB 445, Chapter 547

SB 445 – Chapter 547, establishes a Subaccount Pilot TestProgram in fiscal year 2015-16 with funding of $100,000,000; withno more than $1,000,000 available per site. The site priority forentrance into the program is primarily based on financiallydisadvantaged sites, specifically where “the responsible partieslack sufficient financial resources to pay for the requiredresponse actions.” A limited number of sites will be allowed intothe pilot test program. The effectiveness and efficiency of thepilot test program will be evaluated through January 1, 2018. Up to25% of the funds placed in the UST Fund program can be transferredinto the Subaccount Pilot Test Program. The requirements for entryinto the program include:

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Kathryn Peacock

Kathryn Peacock serves as Principal and National Client Manager for Partner Engineering and Science, Inc. With 20 years of experience under her belt, Kathryn has worked on thousands of transactions, subsurface investigations, and site remediation projects for some of the nation’s largest lenders and investors. She holds a bachelor’s degree in Soil Science from Prescott College and a Master’s in Education from the Arizona Teachers Institute. Kathryn speaks and writes frequently on a wide range of environmental due diligence topics, and is dedicated to advancing standards and best practices through her active involvement with industry associations such as ASTM. Kathryn is also a founding member of EFMR (Environmental Facilities Management Roundtable). Environmental Professionals are frequently unique within their companies, having few peers who understand the unique challenges of their day-to-day.