42100-42107
PUBLIC RESOURCES CODE
SECTION 42100-42107
42100. For purposes of this chapter, the following definitions apply: (a) "Agency" means the Business, Transportation and Housing Agency. (b) "Air board" means the State Air Resources Board. (c) "Applicant" means a small business that is a metal plating facility that produces hazardous waste and applies for financial assistance pursuant to this chapter to reduce the generation of hazardous waste. (d) "Chrome plating" has the same meaning as "decorative chromium electroplating" and "chromic acid anodizing" as defined in the regulations specifying a hexavalent chromium toxic control measure for chrome plating adopted by the air board and contained in Section 93102 of Title 17 of the California Code of Regulations. (e) "Department" means the Department of Toxic Substances Control. (f) "Emission reduction" has the same meaning as "airborne toxic risk reduction measure," as defined in subdivisions (a) and (b) of Section 44390 of the Health and Safety Code. (g) "Financial company" is defined pursuant to Section 14010 of the Corporations Code. (h) "Financial Development Corporation (FDC)" means a corporation formed under the California Small Business Financial Development Corporations Law (Ch. 1 (commencing with Sec. 14000) Pt. 5, Div. 3, Corp. C.). (i) "Green business program" means a program coordinated by a local, state, or federal agency for the purposes of assisting and recognizing businesses that are in compliance with all environmental laws and regulations, and taking additional steps to conserve natural resources and prevent pollution. (j) "Metal plating facility" means an establishment primarily engaged in all types of electroplating, plating, anodizing, coloring, and finishing of metals and formed products for the trade. Metal plating facility includes a chrome plating facility. (k) "Model Shop Program" means the voluntary pollution prevention program developed by the Department of Toxic Substances Control with assistance from the Los Angeles City Bureau of Sanitation, Sanitation Districts of Los Angeles County, and the Metal Finishing Association of Southern California, to assist the metal plating industry in identifying possible sources of pollution and developing alternative business practices in order to run cleaner, safer shops. (l) "National Metal Finishing Strategic Goal Program" means the voluntary program established through a partnership between the United States Environmental Protection Agency and the metal finishing industry that encourages companies to move beyond environmental compliance by offering participants incentives, resources, and means for removing regulatory and policy barriers as they work to achieve specific environmental goals. (m) "Pollution prevention" means the same as source reduction, as defined by subdivision (e) of Section 25244.14 of the Health and Safety Code. (n) "Sensitive receptor" means a school, general acute care hospital, long-term health care facility, and child day care facility. For purposes of this subdivision, "general acute care hospital" has the meaning provided by subdivision (a) of Section 1250 of the Health and Safety Code, "long-term health care facility" has the meaning provided by subdivision (a) of Section 1418 of the Health and Safety Code, and "child day care facility" has the meaning provided by Section 1596.750 of the Health and Safety Code. (o) "Water board" means the State Water Resources Control Board. 42101. (a) The agency shall work with the department, the air board, and the water board to develop a loan guarantee program, through its existing relationship with the Financial Development Corporations (FDCs) located throughout the state, to assist metal plating facilities in purchasing high performance environmental control equipment or technologies that will enable that facility to meet new or exceed existing regulatory requirements, or both, and implement additional pollution prevention opportunities. (b) In establishing the loan guarantee program pursuant to subdivision (a), the agency shall make every effort to integrate and leverage existing financing mechanisms for this new program, including the Treasurer's California Pollution Control Financing Authority California Capital Access Program (CalCAP), and the California Infrastructure and Economic Development Bank's (I-Bank) Revenue Bond program. 42101.1. The agency shall only make loan guarantees available to applicants that meet all of the following eligibility requirements: (a) The applicant is a small business, as defined in subdivision (d) of Section 14837 of the Government Code. (b) The applicant owns or operates a metal plating facility. (c) The applicant satisfies one of the following conditions: (1) Has completed or is currently participating in the Model Shop Program for metal platers. (2) Has completed or is currently participating in the National Metal Finishing Strategic Goals Program. (3) Is participating in a green business program whose goals are consistent with the pollution prevention and natural resource conservation elements of the Model Shop Program. (4) Is certified as a green business whose goals are consistent with the pollution prevention and natural resource conservation elements of the Model Shop Program. (d) Funds are not obtainable, upon reasonable terms, from financial companies, without a loan guarantee. (e) The applicant demonstrates that the facility meets new or exceeds existing regulatory requirements, or both, has no pending local, state, or federal enforcement or correction actions, and is participating in or has completed additional pollution prevention activities. 42101.2. (a) The maximum amount the agency may guarantee for one applicant is one hundred thousand dollars ($100,000). (b) All other terms and conditions are defined pursuant to Article 9 (commencing with Section 14070) of Chapter 1 of Part 5 of the Corporations Code. 42101.3. The agency shall carry out all of the requirements of this chapter and shall consult with the California Environmental Protection Agency, local environmental regulatory agencies, and other interested parties, as needed. 42102. There is hereby created, in the State Treasury, the Chrome Plating Pollution Prevention Fund, for the sole purpose of receiving deposits of state, federal, or local government money, and other public or private money, for expenditure, upon appropriation by the Legislature, by the Business, Transportation and Housing Agency. 42102.4. (a) Notwithstanding Section 16305.7 of the Government Code, all interest or other increments resulting from the investment of the moneys in the Chrome Plating Pollution Prevention Fund pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code shall be deposited in the fund. (b) The money in the fund shall be expended by the agency, upon appropriation by the Legislature, to make loan guarantees, to support the Model Shop Program pursuant to this chapter, and to pay for administrative costs associated with the implementation of this chapter. No more than 5 percent of moneys deposited into the fund may be used for administrative purposes. (c) Loan guarantees shall be secured by a reserve of at least 25 percent. 42102.5. (a) All unencumbered moneys, as of the effective date of the act that adds this section, in the Chrome Plating Pollution Prevention Fund are hereby transferred to the General Fund. (b) All moneys transferred to the Chrome Plating Pollution Prevention Fund pursuant to subdivision (b) of Section 42102.7 shall be transferred to the General Fund. (c) The Secretary of Business, Transportation and Housing shall deposit into the General Fund all subsequent loan repayments made pursuant to this chapter. (d) This section does not terminate any of the following rights, obligations, or authorities, or any provision necessary to carry out those rights, obligations, or authorities: (1) The repayment of loans due and payable to the Business, Transportation and Housing Agency or the relevant financial company. (2) The obligation of the state to pay claims arising from the default of outstanding loans that have been guaranteed. (3) Payment to lenders for default of any outstanding guaranteed loans secured by those moneys. (4) The resolution of any cost recovery action. 42102.7. (a) On January 1, 2006, all moneys remaining in the Hazardous Waste Reduction Loan Account, created pursuant to Section 14096 of the Corporations Code, are hereby transferred to the Chrome Plating Pollution Prevention Fund created pursuant to Section 42102, and are hereby appropriated from that fund to the agency for expenditure pursuant to this chapter. Those moneys are subject to all encumbrances on those moneys made prior to January 1, 2005, and to all legal restrictions on their use other than by state statute. (b) All moneys paid on or after January 1, 2006, to the Hazardous Waste Reduction Loan Account, for a loan issued pursuant to former Article 13 (commencing with Section 14095) of Chapter 1 of Part 5 of Division 3 of Title 1 of the Corporations Code, shall be transferred to the Chrome Plating Pollution Prevention Fund, and shall be subject to this chapter. 42103. The agency, in collaboration with the air board, water board,, the department, and the FDCs, shall prepare and adopt criteria and procedures for evaluating applications for loan guarantees awarded pursuant to this chapter, as well as establish the appropriate requirements to determine that the equipment proposed to be purchased assists the small business in meeting new or exceeding existing applicable environmental standards. In developing these criteria, the agency shall specifically consider proximity of the facility to sensitive receptors and residences and coordinate with existing enforcement activities. 42104. The department shall establish the Model Shop Program in northern California by replicating the existing Metal Plating Model Shop Pilot Program, which is currently available only to southern California metal plating facilities. In selecting participants for inclusion in the Model Shop Program, the department shall specifically consider proximity of the facility to sensitive receptors and residences and coordinate with existing enforcement activities. 42104.1. Not more than two hundred thousand dollars ($200,000) of the funds deposited in the Chrome Plating Pollution Prevention Fund may be used for administration and support of the Model Shop Program. 42105. On or before January 1, 2007, and every odd-numbered year thereafter, the agency shall prepare a report concerning the performance of the loan guarantee program established by this chapter, including the number and size of loan guarantees made, statewide distribution of applicants, level of participation and performance of each of the FDCs, characteristics of recipients, and the amount of money spent on administering the program. This report shall be posted on the agency's Internet Web site and notification provided to the appropriate fiscal and policy committees of the Legislature, and, upon request, to individual Members of the Legislature. The department shall provide, as a supplement to this report, an evaluation of the Model Shop Program , including recommendations for its improvement and expansion, as well as coordination with existing enforcement activities. 42106. The agency in consultation with the air board, water board and the department, may adopt regulations to implement this chapter. The agency may adopt emergency regulations to implement the loan guarantee program in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11346.1 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the board pursuant to this section shall be filed with, but not repealed by, the Office of Administrative Law, and shall remain in effect until revised by the agency. 42107. (a) This chapter shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2012, deletes or extends that date. (b) All unencumbered moneys in the Chrome Plating Pollution Prevention Fund on January 1, 2012, shall be transferred to the General Fund. (c) The repeal of this chapter does not terminate any of the following rights, obligations, or authorities, or any provision necessary to carry out these rights, obligations, and authorities: (1) The repayment of loans, outstanding as of January 1, 2012, due and payable to the relevant financial company. (2) The resolution of any cost recovery action.