BILL NUMBER: AB 291	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 8, 2011

    An act to amend Sections 25299.43 and 25299.117 of, to
add Section 25299.51.3 to, and to repeal Article 9 (commencing with
Section 25299.81) of Chapter 6.75 of Division 20 of,  
An act to amend Section 25299.43 of  the Health and Safety Code,
relating to underground storage tanks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 291, as amended, Wieckowski. Underground storage tanks:
petroleum:  act extension:  charges. 
   (1) Under 
    Under  the existing Barry Keene Underground Storage Tank
Cleanup Trust Fund Act of 1989, which is repealed on January 1,
2016, every owner of an underground storage tank is required to pay a
storage fee for each gallon of petroleum placed in the tank.
 The act, among other things, requires the owners and
operators of those tanks to establish and maintain evidence of
financial responsibility and authorizes the State Water Resources
Control Board, a California regional water quality control board, or
a local agency to take corrective action with regard to a release
from those tanks. The act requires certain information to be
submitted by tank owners or operators under penalty of perjury.
 The fees are required to be deposited in the Underground
Storage Tank Cleanup Fund and the board is authorized to expend the
moneys in the fund, upon appropriation by the Legislature, for
various purposes, including the payment of claims to aid owners and
operators of petroleum underground storage tanks who take corrective
action to clean up unauthorized releases from those tanks, corrective
actions undertaken by the board, a California regional water quality
control board, or a local agency, the cleanup and oversight of
unauthorized releases at abandoned tank sites, and grants to small
businesses to retrofit certain hazardous substance underground
storage tanks.
   Existing law provides for an increase in  the  fee at a
rate of $0.006 per gallon of petroleum between January 1, 2010, and
December 31, 2011, and terminates that increase on January 1, 2012.
   This bill would  delete the repeal of the act, thereby
continuing indefinitely the operation of that act, including the
requirement for the payment of the fee and the criminal penalties
concerned within. The bill would also  continue the
requirement to pay that increased amount of $0.006 per gallon until
January 1, 2014. By operation of existing law, the revenue resulting
from the  increased  fee would be required to be deposited
in the fund and be available, upon appropriation, for expenditure for
the purposes authorized under existing law for money in the fund.
This bill would constitute a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.
    By continuing the operation of the criminal penalties of
the act, the bill would impose a state-mandated local program
 . 
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25299.43 of the Health and Safety Code is
amended to read:
   25299.43.  (a) To implement the changes to this chapter made by
Chapter 1191 of the Statutes of 1994, and consistent with Section
25299.40, effective January 1, 1995, every owner subject to Section
25299.41 shall pay a storage fee of one mill ($0.001) for each gallon
of petroleum placed in an underground storage tank that the person
owns, in addition to the fee required by Section 25299.41.
   (b) On and after January 1, 1996, the storage fee imposed under
subdivision (a) shall be increased by two mills ($0.002) for each
gallon of petroleum placed in an underground storage tank.
   (c) On and after January 1, 1997, the storage fee increased under
subdivision (b) shall be increased by an additional three mills
($0.003) for each gallon of petroleum placed in an underground
storage tank.
   (d) On and after January 1, 2005, the storage fee increased under
subdivision (c) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
   (e) On and after January 1, 2006, the storage fee increased under
subdivision (d) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
   (f) On and after January 1, 2010, the storage fee increased under
subdivision (e) shall be increased by an additional six mills
($0.006) for each gallon of petroleum placed in an underground
storage tank. The increase provided for in this subdivision shall be
effective until January 1, 2014, at which time, the fee shall revert
back to the fee pursuant to subdivision (e).
   (g) The fee imposed under this section shall be paid to the State
Board of Equalization under Part 26 (commencing with Section 50101)
of Division 2 of the Revenue and Taxation Code in the same manner as,
and consistent with, the fees imposed under Section 24299.41.
   (h) The State Board of Equalization shall amend the regulations
adopted under Section 25299.41 to carry out this section. 
  SEC. 2.    Section 25299.51.3 is added to the
Health and Safety Code, to read:
   25299.51.3.  The board shall continuously post and update on its
Internet Web site, but at a minimum, annually on or before September
30, information that describes the status of the fund and shall make
recommendations, when appropriate, to improve the efficiency of the
program.  
  SEC. 3.    Article 9 (commencing with Section
25299.81) of Chapter 6.75 of Division 20 of the Health and Safety
Code is repealed.  
  SEC. 4.    Section 25299.117 of the Health and
Safety Code is amended to read:
   25299.117.  (a) Except as provided in subdivision (b), this
chapter shall remain in effect only until January 1, 2016, and as of
that date is repealed, unless a later enacted statute that is enacted
on or before January 1, 2016, deletes or extends that date.
   (b) The repeal of this chapter does not terminate any of the
following rights, obligations, or authorities, or any provision
necessary to carry out either of the following rights and
obligations:
   (1) The repayment of loans, outstanding as of January 1, 2016, due
and payable to the board.
   (2) (A) The payment of loans and grants, consistent with the terms
of agreements that were effective prior to January 1, 2016, from the
Underground Storage Tank Cleanup Fund, pursuant to this chapter or
the Petroleum Underground Storage Tank Financing Account pursuant to
this chapter.
   (B) The amount of money disbursed for grants and loans pursuant to
this chapter shall not exceed the sum of the following:
   (i) The amount that reverts to the Underground Storage Tank
Cleanup Fund pursuant to Section 25299.111.
   (ii) Amounts recovered through the repayment of loans granted
pursuant to this chapter.
   (iii) The resolution of any cost recovery action filed prior to
January 1, 2016, or the initiation of an action or other collection
process to recover defaulted loan moneys due to the board or to
recover money paid to a grant or loan recipient pursuant to this
chapter to which the recipient is not entitled.  
  SEC. 5.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.