Sec. 12. If the amount of money in the petroleum storage tank excess liability trust fund established by IC 13-23-7-1 reaches zero (0), ten million dollars ($10,000,000) shall be transferred to the petroleum storage tank excess liability trust fund from the fund if the:
(1) petroleum storage tank financial assurance board, established by IC 13-23-11-1, recommends that the appropriation should be made; and
(2) budget committee approves the appropriation.