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-AB 1465 Assembly Bill-AMENDED http://www.leginfo.a.gov/pub/bill/mm/ab...00/ab_1465_bal_20010404_amended_asm.bbW <br /> (B) All claimants who file their claim on or after January 1, <br /> 1994, and all claimants who filed their claim prior to that date but <br /> are not eligible for a waiver of the permit requirement pursuant to <br /> board regulations in effect on the date of the filing of the claim, <br /> and who did not obtain or apply for any permit required by <br /> subdivision (a) of Section 25284 by January 1, 1990, shall be subject <br /> to subparagraph (A) regardless of the reason or reasons that the <br /> permit was not obtained or applied for. However, on and after <br /> January 1, 1994, the board may waive the provisions of subparagraph <br /> (A) as a condition for payment from the fund if the board finds all <br /> of the following: <br /> (i) The claimant was unaware of the permit requirement prior to <br /> January 1, 1990, and there was no intent to intentionally avoid the <br /> permit requirement or the fees associated with the permit. <br /> (ii) Prior to submittal of the application to the fund, the <br /> claimant has complied with section 25299.31 and has obtained and paid <br /> for all permits currently required by this paragraph. <br /> (iii) Prior to submittal of the application to the fund, the <br /> claimant has paid all fees, interest, and penalties imposed pursuant <br /> to Article 5 (commencing with Section 25299.40) and Part 26 <br /> (commencing with Section 50101) of Division 2 o the Revenue and <br /> Taxation Code for the underground storage tank that is the subject of <br /> the claim. <br /> (C) (i) A claimant exempted pursuant to subparagraph (B) shall <br /> obtain a level of financial responsibility twice as great as the <br /> amount which the claimant is otherwise required to obtain pursuant to <br /> subdivision (a) of Section 25299.32. <br /> (ii) The board may waive the requirements of clause (i) if the <br /> claimant can demonstrate that the conditions specified in clauses (i) <br /> to (iii) , inclusive, of subparagraph (B) were satisfied prior to the <br /> causing of any contamination. That demonstration may be made <br /> through a certification issued by the permitting agency based on site <br /> and tank tests at the time of permit application or in any other <br /> manner acceptable to the board. <br /> (D) The board shall rank all claims resubmitted pursuant to <br /> subparagraph (B) lower than all claims filed before January 1, 1994, <br /> within their respective priority classes specified in subdivision (b) <br /> of Section 25299.52. <br /> (4) The board has approved either the costs incurred for the <br /> corrective action pursuant to subdivision (b) or the estimated costs <br /> for corrective action pursuant to subdivision (c) . <br /> (5) The claimant has paid all fees, interest, and penalties <br /> imposed pursuant to Article 5 (commencing with Section 29299.40) and <br /> Part 26 (commencing with Section 50101) of Division 2 of the Revenue <br /> and Taxation Code for the underground storage tank that is the <br /> subject of the claim. <br /> (e) The board shall provide the claimant, whose cost estimate has <br /> been approved, a letter of credit authorizing payment of the costs <br /> from the fund. <br /> (f) The claimant may submit a request for partial payment to cover <br /> the costs of corrective action performed in stages, as approved by <br /> the board. <br /> (g) (1) Any claimant who submits a claim for payment to the board <br /> shall submit multiple bids for prospective costs as prescribed in <br /> regulations adopted by the board pursuant to Section 25299.77. <br /> (2) Any claimant who submits a claim to the board for the payment <br /> of professional engineering and geologic work shall submit multiple <br /> proposals and fee estimates, as required by the regulations adopted <br /> by the board pursuant to Section 25299.77. The claimant's selection <br /> of the provider of these services is not required to be based on the <br /> lowest estimated fee, if the fee estimate conforms with the range of <br /> 11 of 15 4/24/013:49 PM <br />