BILL NUMBER: AB 1566	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2012

INTRODUCED BY   Assembly Member Wieckowski

                        JANUARY 30, 2012

   An act to amend Sections 25270.2, 25270.4, 25270.12, and 25281 of,
and to add Sections 25270.4.1, 25270.12.1, and 25270.12.5 to, the
Health and Safety Code, relating to aboveground storage tanks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1566, as amended, Wieckowski. Aboveground storage tanks:
enforcement.
   (1) The Aboveground Petroleum Storage Act (act) defines, for
purposes of the act, an "aboveground storage tank" as a tank that has
the capacity to store 55 gallons or more of petroleum and that is
substantially or totally above the surface of the ground, except as
specified. Existing law requires every county to apply to the
Secretary for Environmental Protection to be certified to implement
the unified hazardous waste and hazardous materials management
regulatory program (unified program) and allows a city or local
agency to implement the unified program. Existing law requires the
unified program agencies (UPAs) to implement that act.
   This bill would revise the definition of "aboveground storage tank"
to delete the requirement that the tank be substantially or totally
above the ground and to include tanks  located  in
 an  underground  areas   area  ,
as defined.  The bill would also make conforming changes to the
definition of the term "tank facility."  The bill would require
the UPAs to implement the act in accordance with the regulations
adopted by the Office of the State Fire Marshal and would authorize
the Office of the State Fire Marshal to adopt these regulations,
thereby imposing a state-mandated local program by imposing new
requirements upon local agencies with regard to the act.  The
bill would require the office to establish   an advisory
committee and take other actions with regard to ensuring compliance
with local, state, and federal requirements.  The bill would
also require the office to interpret the act and oversee the
implementation of the act by the UPAs and would make conforming
changes in that regard.
   The bill would impose criminal penalties for a violation of the
act, thereby imposing a state-mandated local program by creating new
crimes, and would impose administrative penalties for a violation of
the act.
   (2) Existing law defines the term "underground storage tank" for
purposes of the provisions regulating the storage of hazardous
substances in underground storage tanks, and excludes certain tanks
from that definition.
   This bill would revise the definition of the term "underground
storage tank" to additionally exclude a tank  in an underground
area  , and associated piping,  in an underground area
 that is subject to the act.
   (3) 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 specified reasons.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 25270.2 of the Health and Safety Code is
amended to read:
   25270.2.  For purposes of this chapter, the following definitions
apply:
   (a) "Aboveground storage tank" or "storage tank" means a tank that
has the capacity to store 55 gallons or more of petroleum 
including, but not limited to, a tank located in an underground area
 .  "Aboveground storage tank" or "storage tank"
includes a tank in an underground area.  "Aboveground storage
tank" does not include any of the following:
   (1) A pressure vessel or boiler that is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
   (2) A tank containing hazardous waste, as described in subdivision
(g) of Section 25316, if the Department of Toxic Substances Control
has issued the person owning or operating the tank a hazardous waste
facilities permit for the storage tank.
   (3) An aboveground oil production tank that is subject to Section
3106 of the Public Resources Code.
   (4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
   (A) The equipment contains less than 10,000 gallons of dielectric
fluid.
   (B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
   (5) A tank regulated as an underground storage tank under Chapter
6.7 (commencing with Section 25280) of this division and Chapter 16
(commencing with Section 2610) of Division 3 of Title 23 of the
California Code of Regulations.
   (6) A transportation-related tank facility, subject to the
authority and control of the United States Department of
Transportation, as defined in the Memorandum of Understanding between
the Secretary of Transportation and the Administrator of the United
States Environmental Protection Agency, dated November 24, 1971, set
forth in Appendix A to Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
   (b) "Board" means the State Water Resources Control Board.
   (c) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
   (2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
   (3) (A) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent that each PA has been designated
by the CUPA, pursuant to a written agreement, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404. The UPAs have the responsibility
and authority, to the extent provided by this chapter and Sections
25404.1 and 25404.2, to implement and enforce the requirements of
this chapter.
   (B) After a CUPA has been certified by the secretary, the unified
program agency shall be the only agency authorized to enforce the
requirements of this chapter.
   (C) This paragraph does not limit the authority or responsibility
granted to the office, the board, and the regional boards by this
chapter.
   (d) "Office" means the Office of the State Fire Marshal.
   (e) "Operator" means the person responsible for the overall
operation of a tank facility.
   (f) "Owner" means the person who owns the tank facility or part of
the tank facility.
   (g) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the University of California,
the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal
law.
   (h) "Petroleum" means crude oil, or a fraction thereof, that is
liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
square inch absolute pressure.
   (i) "Regional board" means a California regional water quality
control board.
   (j) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.
   (k) "Secretary" means the Secretary for Environmental Protection.
   (l) "Storage" or "store" means the containment, handling, or
treatment of petroleum, for a period of time, including on a
temporary basis.
   (m) "Storage capacity" means the aggregate capacity of all
aboveground tanks at a tank facility.
   (n) "Tank facility" means one or more aboveground storage tanks,
including any piping that is integral to the tanks, that contain
petroleum and that are used by an owner or operator at a single
location or site. For purposes of this chapter, a pipe is integrally
related to an aboveground storage tank if the pipe is connected to
the tank and meets any of the following:
   (1) The pipe is within the dike or containment area.
   (2) The pipe is between the containment area and the first flange
or valve outside the containment area.
   (3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area. 
   (4) The pipe is connected to a tank in an underground area. 
   (o)  "Underground area"   "Tank   in
an underground area"  means  an underground room or
space,   a tank located in a structure that is at least
10 percent below the ground surface,  including, but not limited
to, a basement, cellar, shaft, pit, or vault, providing enough space
for physical inspection of the exterior of the tank situated on or
above the surface of the floor.  The underground area shall be
capable of containing any discharge from the primary containment,
including piping and ancillary equipment, until the occurrence of the
cleanup of the discharge. 
  SEC. 2.  Section 25270.4 of the Health and Safety Code is amended
to read:
   25270.4.  This chapter shall be implemented by the Unified Program
Agency, in accordance with the regulations adopted by the office
pursuant to Section 25270.4.1. If there is no UPA, the agency
authorized pursuant to subdivision (f) of Section 25404.3 shall be
deemed to be the UPA for purposes of this chapter and shall implement
this chapter.
  SEC. 3.  Section 25270.4.1 is added to the Health and Safety Code,
to read:
   25270.4.1.  (a) The office may adopt regulations implementing this
chapter. The office shall also provide interpretation of this
chapter to the UPAs, and oversee the implementation of this chapter
by the UPAs. 
   (b) The office shall establish an advisory committee that includes
representatives from regulated entities, appropriate trade
associations, fire service organizations, federal, state, and local
organizations, including UPAs, and other interested parties. The
advisory committee shall act in an advisory capacity to the office in
conducting its responsibilities.  
   (c) The office shall, in addition to any other requirements
imposed pursuant to this chapter, train UPAs, ensure consistency with
state law and federal enforcement guidance issued by federal
agencies pursuant to subdivision (d), and provide outreach to
regulated persons, as necessary, regarding compliance with current
local, state, and federal regulations relevant to the office's
obligations under this chapter.  
   (b) 
    (d)  Any regulation adopted by the office pursuant to
this section shall ensure consistency with the requirements for spill
prevention, control, and countermeasure plans under Part 112
(commencing with Section 112.1) of Subchapter D of Chapter I of Title
40 of the Code of Federal Regulations, and shall include any more
stringent requirements necessary to implement this chapter.
  SEC. 4.  Section 25270.12 of the Health and Safety Code is amended
to read:
   25270.12.  (a) Any owner or operator of a tank facility who fails
to prepare a spill prevention control and countermeasure plan in
compliance with subdivision (a) of Section 25270.4.5, to file a tank
facility statement pursuant to subdivision (a) of Section 25270.6, to
submit the fee required by subdivision (b) of Section 25270.6, or to
report spills as required by Section 25270.8, or who otherwise fails
to comply with the requirements of this chapter, is subject to a
civil penalty of not more than five thousand dollars ($5,000) for
each day on which the violation continues. If the owner or operator
commits a second or subsequent violation, a civil penalty of not more
than ten thousand dollars ($10,000) for each day on which the
violation continues may be imposed.
   (b) (1) The civil penalties provided by this section may be
assessed and recovered in a civil action brought by the city attorney
or district attorney on behalf of the UPA.
   (2) Fifty percent of all penalties assessed and recovered in a
civil action brought on behalf of a UPA pursuant to this subdivision
shall be deposited into a unified program account established by the
UPA for the purpose of carrying out the functions of the unified
program and 50 percent shall be paid to the office of the city
attorney or district attorney, whoever brought that action.
   (c) (1) The civil penalties provided in this section may be
assessed and recovered in a civil action brought by the Attorney
General on behalf of the office, the board, or a regional board, or
on behalf of the people of the State of California.
   (2) All penalties assessed and recovered in a civil action brought
pursuant to this subdivision shall be deposited in the Waste
Discharge Permit Fund created pursuant to Section 13260 of the Water
Code. These moneys shall be separately accounted for, and shall be
expended by the board, upon appropriation by the Legislature, to
assist regional boards and other public agencies with authority to
clean up waste or abate the effects of the waste, in cleaning up or
abating the effects of the waste on waters of the state, or for the
same purposes for which the State Water Pollution Cleanup and
Abatement Account may be expended pursuant to Section 13443 of the
Water Code.
   (d) The city attorney, district attorney, or the Attorney General
may seek to enjoin, in any court of competent jurisdiction, any
person believed to be in violation of this chapter.
   (e) The penalties specified in this section are in addition to any
other penalties provided by law.
  SEC. 5.  Section 25270.12.1 is added to the Health and Safety Code,
to read:
   25270.12.1.  (a) An owner or operator of a tank facility who fails
to prepare a spill prevention control and countermeasure plan in
compliance with subdivision (a) of Section 25270.4.5, to file a tank
facility statement pursuant to subdivision (a) of Section 25270.6, to
submit the fee required by subdivision (b) of Section 25270.6, or to
report spills as required by Section 25270.8, or who otherwise fails
to comply with the requirements of this chapter is liable to the UPA
for an administrative penalty of not more than five thousand dollars
($5,000) for each day on which the violation continues. If the owner
or operator commits a second or subsequent violation, an
administrative penalty of not more than ten thousand dollars
($10,000) for each day on which the violation continues may be
imposed.
   (b) The administrative penalties assessed by a UPA shall be
deposited into a unified program account established by the UPA for
the purpose of carrying out the functions of the unified program.

   (c) The penalties specified in this section are in addition to any
other penalties provided by law.  
   (d) 
    (c)    When a UPA issues an enforcement order
or assesses an administrative penalty, or both, for a violation of
this chapter, the administering agency shall utilize the
administrative enforcement procedures specified in Sections 25404.1.1
and 25404.1.2.
  SEC. 6.  Section 25270.12.5 is added to the Health and Safety Code,
to read:
   25270.12.5.  (a) A person who knowingly violates Section
25270.4.5, 25270.6, or 25270.8 after reasonable notice of the
violation is, upon conviction, guilty of a misdemeanor.
   (b) This section does not preempt any other applicable criminal or
civil penalties.
  SEC. 7.  Section 25281 of the Health and Safety Code is amended to
read:
   25281.  For purposes of this chapter, the following definitions
apply:
   (a) "Automatic line leak detector" means any method of leak
detection, as determined in regulations adopted by the board, that
alerts the owner or operator of an underground storage tank to the
presence of a leak. "Automatic line leak detector" includes, but is
not limited to, any device or mechanism that alerts the owner or
operator of an underground storage tank to the presence of a leak by
restricting or shutting off the flow of a hazardous substance through
piping, or by triggering an audible or visual alarm, and that
detects leaks of three gallons or more per hour at 10 pounds per
square inch line pressure within one hour.
   (b) "Board" means the State Water Resources Control Board.
"Regional board" means a California regional water quality control
board.
   (c) "Compatible" means the ability of two or more substances to
maintain their respective physical and chemical properties upon
contact with one another for the design life of the tank system under
conditions likely to be encountered in the tank system.
   (d) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
   (2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary to implement or
enforce the unified program element specified in paragraph (3) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
   (3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce
the unified program element specified in paragraph (3) of subdivision
(c) of Section 25404. For purposes of this chapter, a UPA has the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce only those
requirements of this chapter listed in paragraph (3) of subdivision
(c) of Section 25404 and the regulations adopted to implement those
requirements. Except as provided in Section 25296.09, after a CUPA
has been certified by the secretary, the UPA shall be the only local
agency authorized to enforce the requirements of this chapter listed
in paragraph (3) of subdivision (c) of Section 25404 within the
jurisdiction of the CUPA. This paragraph shall not be construed to
limit the authority or responsibility granted to the board and the
regional boards by this chapter to implement and enforce this chapter
and the regulations adopted pursuant to this chapter.
   (e) "Department" means the Department of Toxic Substances Control.

   (f) "Facility" means any one, or combination of, underground
storage tanks used by a single business entity at a single location
or site.
   (g) "Federal act" means Subchapter IX (commencing with Section
6991) of Chapter 82 of Title 42 of the United States Code, as added
by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or
as it may subsequently be amended or supplemented.
   (h) "Hazardous substance" means either of the following:
   (1)  All of the following liquid and solid substances, unless the
department, in consultation with the board, determines that the
substance could not adversely affect the quality of the waters of the
state:
   (A) Substances on the list prepared by the Director of Industrial
Relations pursuant to Section 6382 of the Labor Code.
   (B) Hazardous substances, as defined in Section 25316.
   (C) Any substance or material that is classified by the National
Fire Protection Association (NFPA) as a flammable liquid, a class II
combustible liquid, or a class III-A combustible liquid.
   (2) Any regulated substance, as defined in subsection (7) of
Section 6991 of Title 42 of the United States Code, as that section
reads on January 1, 2012, or as it may subsequently be amended or
supplemented.
   (i) "Local agency" means the local agency authorized, pursuant to
Section 25283, to implement this chapter.
   (j) "Operator" means any person in control of, or having daily
responsibility for, the daily operation of an underground storage
tank system.
   (k) "Owner" means the owner of an underground storage tank.
   (  l  ) "Person" means an individual, trust, firm, joint
stock company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the state, another state of the
United States, any department or agency of this state or another
state, or the United States to the extent authorized by federal law.
   (m) "Pipe" means any pipeline or system of pipelines that is used
in connection with the storage of hazardous substances and that is
not intended to transport hazardous substances in interstate or
intrastate commerce or to transfer hazardous materials in bulk to or
from a marine vessel.
   (n) "Primary containment" means the first level of containment,
such as the portion of a tank that comes into immediate contact on
its inner surface with the hazardous substance being contained.
   (o) "Product tight" means impervious to the substance that is
contained, or is to be contained, so as to prevent the seepage of the
substance from the containment.
   (p) "Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing from an underground storage tank
into or on the waters of the state, the land, or the subsurface
soils.
   (q) "Secondary containment" means the level of containment
external to, and separate from, the primary containment.
   (r) "Single walled" means construction with walls made of only one
thickness of material. For the purposes of this chapter, laminated,
coated, or clad materials are considered single walled.
   (s) "Special inspector" means a professional engineer, registered
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, who is qualified to attest, at a
minimum, to structural soundness, seismic safety, the compatibility
of construction materials with contents, cathodic protection, and the
mechanical compatibility of the structural elements of underground
storage tanks.
   (t) "Storage" or "store" means the containment, handling, or
treatment of hazardous substances, either on a temporary basis or for
a period of years. "Storage" or "store" does not include the storage
of hazardous wastes in an underground storage tank if the person
operating the tank has been issued a hazardous waste facilities
permit by the department pursuant to Section 25200 or granted interim
status under Section 25200.5.
   (u) "Tank" means a stationary device designed to contain an
accumulation of hazardous substances which is constructed primarily
of nonearthen materials, including, but not limited to, wood,
concrete, steel, or plastic that provides structural support.
   (v) "Tank integrity test" means a test method capable of detecting
an unauthorized release from an underground storage tank consistent
with the minimum standards adopted by the board.
   (w) "Tank tester" means an individual who performs tank integrity
tests on underground storage tanks.
   (x) "Unauthorized release" means any release of any hazardous
substance that does not conform to this chapter, including an
unauthorized release specified in Section 25295.5.
   (y) "Underground area" means an underground room or space,
including, but not limited to, a basement, cellar, shaft, pit, or
vault, providing enough space for physical inspection of the exterior
of the tank situated on or above the surface of the floor.
   (z) (1) "Underground storage tank" means any one or combination of
tanks, including pipes connected thereto, that is used for the
storage of hazardous substances and that is substantially or totally
beneath the surface of the ground. "Underground storage tank" does
not include any of the following:
   (A) A tank with a capacity of 1,100 gallons or less that is
located on a farm and that stores motor vehicle fuel used primarily
for agricultural purposes and not for resale.
   (B) A tank that is located on a farm or at the residence of a
person, that has a capacity of 1,100 gallons or less, and that stores
home heating oil for consumptive use on the premises where stored.
   (C) Structures, such as sumps, separators, storm drains, catch
basins, oil field gathering lines, refinery pipelines, lagoons,
evaporation ponds, well cellars, separation sumps, lined and unlined
pits, sumps and lagoons. A sump that is a part of a monitoring system
required under Section 25290.1, 25290.2, 25291, or 25292 and sumps
or other structures defined as underground storage tanks under the
federal act are not exempted by this subparagraph.
   (D) A tank holding hydraulic fluid for a closed loop mechanical
system that uses compressed air or hydraulic fluid to operate lifts,
elevators, and other similar devices.
   (E) A tank  in an underground area  , and associated
piping,  in an underground area  that is subject to
Chapter 6.67 (commencing with Section 25270).
   (2) Structures identified in subparagraphs (C) and (D) of
paragraph (1) may be regulated by the board and any regional board
pursuant to the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) to ensure that
they do not pose a threat to water quality.
   (aa) "Underground tank system" or "tank system" means an
underground storage tank, connected piping, ancillary equipment, and
containment system, if any.
   (bb) (1) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraph (3) of subdivision (c)
of Section 25404.
   (2) "Unified program facility permit" means a permit issued
pursuant to Chapter 6.11 (commencing with Section 25404), and that
encompasses the permitting requirements of Section 25284.
   (3) "Permit" means a permit issued pursuant to Section 25284 or a
unified program facility permit as defined in paragraph (2).
  SEC. 8.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because 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.