BILL ANALYSIS Ó AB 1701 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1701 (Wieckowski and Smyth) As Amended August 21, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |70-0 |(April 23, |SENATE: |38-0 |(August 23, | | | |2012) | | |2012) | ----------------------------------------------------------------- Original Committee Reference: E.S. & T.M. SUMMARY : Provides for state certification of cities and counties to oversee the cleanup of underground storage tanks (USTs). Specifically, this bill : 1)Requires a city or county to apply to the State Water Resources Control Board (SWRCB) to be certified to implement the local UST cleanup programs. 2)Provides that only a certified city or county is authorized to implement the local UST oversight cleanup program after July 1, 2013. 3)Authorizes the SWRCB to certify a city or county that it determines is qualified to oversee or perform the abatement and requires the SWRCB to adopt procedures and criteria for certifying cities and counties. Requires local agency certification by the SWRCB to include a review, at a minimum, of all of the following factors of the city or county capacity: a) Adequacy of the technical expertise possessed by the city or county; b) Adequacy of staff resources; c) Adequacy of budget resources and funding mechanisms; d) Training requirements; e) Past performance in implementing and enforcing corrective action requirements; and, f) Record keeping and accounting systems. AB 1701 Page 2 4)Provides that if a local agency is not certified by the SWRCB, after July 1, 2013, the SWRCB shall assign UST remediation cases from that city or county to either the Regional Water Quality Control Board (RWQCB) or to a certified local program. 5)Removes obsolete provisions of the UST cleanup program, including the authority for the Santa Clara Valley Water Agency to operate as the local UST oversight agency and for the funding of these activities by the SWRCB. The Senate amendments : 1)Provide that an agreement between an RWQCB and a water district to oversee, coordinate or implement a cooperative oversight program entered into prior to January 1, 2013, must remain in effect in accordance with the terms of the agreement or as the terms may be amended in the future. 2)Add double-jointing language to avoid chaptering out issues with AB 1566 (Wieckowski). EXISTING LAW : 1)Regulates, generally, the storage of hazardous substances in USTs and requires USTs that are used to store hazardous substances to meet certain requirements, including that the primary containment be product tight and that the tank's secondary containment meet specified standards. 2)Requires the Secretary of the California Environmental Protection Agency to establish a unified hazardous waste and hazardous materials management regulatory program, known as the Certified Unified Program Agency (CUPA), as a means of consolidating the local rules or local ordinances relating to the generation or handling of hazardous waste or hazardous materials, as specified pursuant to Chapter 6.11 of the Health and Safety Code. 3)Requires, under the existing Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (Act), owners and operators of petroleum USTs to take corrective action on an unauthorized release of petroleum, including requirements for the preparation of a work plan. AS PASSED BY THE ASSEMBLY , this bill was substantially similar AB 1701 Page 3 to the version passed by the Senate. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : Need for the bill . According to the author, "Leaks from underground storage tanks (UST) represent a threat to California groundwater and land resources. Even a small amount of petroleum released from a leaking UST can contaminate groundwater. The multiple local agencies with responsibility for cleanup oversight result in highly varied local requirements and processes for the cleanup of underground tanks. This variability has led to delays in site cleanups and increased state and business costs." On November 30, 2011, the Assembly Environmental Safety and Toxic Materials Committee conducted an oversight hearing on the state and local regulation and management of USTs containing hazardous materials including petroleum. One of the findings from the hearing was the need to standardize local agency oversight of cleanups to provide timely closure of sites. Oversight of UST cleanup is currently carried out by a range of State and local agencies including nine RWQCBs, 22 local oversight programs (LOPs), and over 90 local implementing agencies (LIAs). The multiple local agencies with responsibility for cleanup oversight result in highly varied local requirements and processes for the cleanup of USTs. This variability has led to delays in site cleanups and increased state and business costs. Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916) 319-3965 FN: 0004643