BILL NUMBER: AB 1715 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY APRIL 30, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Smyth
FEBRUARY 16, 2012
An act to amend Section 25299.39.2 of the Health and Safety Code,
relating to underground storage tanks.
LEGISLATIVE COUNSEL'S DIGEST
AB 1715, Smyth. Underground storage tanks: tank case closure.
Existing law requires an owner, operator, or other responsible
party to take corrective action in response to an unauthorized
release of petroleum from an underground storage tank. Under existing
law, the State Water Resources Control Board, a regional board, or a
local agency may undertake or contract for corrective action in
response to that unauthorized release. The State Water Resources
Control Board is authorized to close, or to require the closure of,
an underground storage tank case where an unauthorized release has
occurred, if the board determines that the corrective action at the
site complies with specified requirements. Existing law requires the
manager of the Underground Storage Tank Cleanup Fund to annually
review certain tank cases and authorizes the manager, with the
approval of the tank owner or operator, to make a recommendation to
the board for closure of a tank case. If the manager recommends
closing a tank case, existing law requires the board to limit
reimbursement of subsequently incurred corrective action costs to
$10,000, except as specified.
This bill would require the manager, upon a determination that
closure of the tank case is appropriate based upon that review, to
provide a review summary report to the applicable regional board and
local agency and provide opportunity for comment. The bill would
prohibit the regional board or local agency from issuing a corrective
action directive or enforcing an existing corrective action
directive for a tank case for which the manager has provided this
review summary report, until the board issues a decision regarding
the closure of the tank case, except as specified. The bill would
specify that the $10,000 limit for corrective action costs after tank
closure includes costs for groundwater monitoring.
The bill would make a statement of legislative intent regarding
the board's actions regarding these tank cases.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that the State Water
Resources Control Board should expediently process underground
storage tank cases subject to Section 25299.39.2 of the Health and
Safety Code while ensuring the adequate protection of public health
and safety, in accordance with Chapter 6.75 (commencing with Section
25299.10) of Division 20 of the Health and Safety Code.
SEC. 2. Section 25299.39.2 of the Health and Safety Code is
amended to read:
25299.39.2. (a) (1) The manager responsible for the fund shall
notify tank owners or operators who have an active letter of
commitment that has been in an active status for five years or more
and shall review the case history of their tank case on an annual
basis unless otherwise notified by the tank owner or operator within
30 days of the notification.
(A) If the manager determines that closure of the tank case is
appropriate based upon that review, the manager shall provide a
review summary report to the applicable regional board and local
agency summarizing the reasons for this determination and shall
provide the applicable regional board and local agency with an
opportunity for comment on the review summary report.
(B) If the manager determines that closure of the tank case is
appropriate, the manager, with approval of the tank owner or
operator, may make a recommendation to the board for closure.
(C) The board may close any tank case or require the closure of
any tank case where an unauthorized release has occurred if the board
determines that corrective action at the site is in compliance with
all of the requirements of subdivisions (a) and (b) of Section
25296.10 and the corrective action regulations adopted pursuant to
Section 25299.3.
(D) Before closing or requiring closure of an underground storage
tank case, the board shall provide an opportunity for reviewing and
providing responses to the manager's recommendation to the applicable
regional board and local agency, and to the water replenishment
district, municipal water district, county water district, or special
act district with groundwater management authority if the
underground storage tank case is located in the jurisdiction of that
district.
(2) Except as provided in paragraph (3), if the manager recommends
closing a tank case pursuant to paragraph (1), the board shall limit
reimbursement of subsequently incurred corrective action costs,
including costs for groundwater monitoring, to ten thousand dollars
($10,000) per year.
(3) The board may allow reimbursement of corrective action costs
in excess of the ten thousand dollar ($10,000) limit specified in
paragraph (2) if the board determines that corrective action costs
related to the closure will exceed this amount, or that additional
corrective action is necessary to meet the requirements specified in
subdivisions (a) and (b) of Section 25296.10.
(4) After the manager provides a review summary report to the
applicable regional board and local agency in accordance with
subparagraph (A) of paragraph (1), the regional board or local agency
shall not issue a corrective action directive or enforce an existing
corrective action directive for the tank case until the board issues
a decision on the closure of the tank case, unless one of the
following applies:
(A) The regional board or local agency demonstrates to the
satisfaction of the manager that there is an imminent threat to human
health, safety, or the environment.
(B) The regional board or local agency demonstrates to the
satisfaction of the manager that other site-specific needs warrant
additional directives during the period that the board is considering
case closure.
(C) After considering responses to the review summary report and
other relevant information, the manager determines that case closure
is not appropriate.
(D) The regional board or local agency closes the tank case but
the directives are necessary to carry out case-closure activities.
(b) An aggrieved person may, not later than 30 days from the date
of final action by the board, pursuant to subparagraph (C) of
paragraph (1) of subdivision (a), file with the superior court a
petition for writ of mandate for review of the decision. If the
aggrieved person does not file a petition for writ of mandate within
the time provided by this subdivision, a board decision shall not be
subject to review by any court. Section 1094.5 of the Code of Civil
Procedure shall govern proceedings for which petitions are filed
pursuant to this subdivision. For purposes of subdivision (c) of
Section 1094.5 of the Code of Civil Procedure, the court shall uphold
the decision if the decision is based upon substantial evidence in
light of the whole record.
(c) The authority provided under this section does not limit a
person's ability to petition the board for review under any other
state law.