BILL ANALYSIS Ó
AB 1715
Page 1
ASSEMBLY THIRD READING
AB 1715 (Smyth)
As Amended April 30, 2012
Majority vote
ENVIRONMENTAL SAFETY 9-0APPROPRIATIONS 17-0
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|Ayes:|Wieckowski, Miller, |Ayes:|Fuentes, Harkey, |
| |Campos, Chesbro, Davis, | |Blumenfield, Bradford, |
| |Donnelly, Feuer, Bonnie | |Charles Calderon, Campos, |
| |Lowenthal, Morrell | |Davis, Donnelly, Gatto, |
| | | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
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SUMMARY : Requires the State Water Resources Control Board
(SWRCB) to make recommendations to the Legislature on standards
and measurements for judging a local agency's compliance with
the underground storage tank (UST) cleanup standards. These
recommendations would be required to be submitted by January 1,
2014.
EXISTING LAW :
1)Authorizes SWRCB, in consultation with the Department of Toxic
Substances Control, to develop and implement a program to
establish local oversight programs to oversee the management
and cleanup of UST sites.
2)Directs the SWRCB to select local agencies to collect and
transmit fees and surcharges from UST permit holders to cover
local agency and SWRCB costs.
3)Requires that UST cleanup, abatement, or other action shall,
be consistent with procedures adopted by the SWRCB and shall
be based upon cleanup standards specified by the SWRCB or the
Regional Water Quality Control Board (RWQCB).
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would result in minor cost to SWRCB, likely
in the range of tens of thousands of dollars. (Special fund.)
AB 1715
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COMMENTS :
Need for the bill . According to the author, "This bill
addresses the varying cleanup standards for leaking underground
storage tanks currently used by state and local jurisdictions.
The local agencies overseeing cleanup programs make these
jurisdictional decisions under the authorization of the State
Water Resources Control Board. Assembly Bill 1715 seeks to
establish consistent and reasonable standards and measurements
for evaluating a local agency's compliance with state cleanup
criteria. To accomplish this important environmental and
regulatory goal, AB 1715 requires the State Water Board to make
recommendations to the Legislature on the appropriate standards
and measurements for cleanliness."
Setting clean-up standards . Current law provides the SWRCB,
RWQCBs, and local agencies with broad authority to require
responsible parties to clean up releases from petroleum UST
(Health & Safety Code, Section 25296.10; Water Code, Section
13304(a)). The SWRCB has promulgated regulations specifying
corrective action requirements for petroleum UST cases
(California Code of Regulations, Title 23, Sections 2720-2728).
The regulations define corrective action as "any activity
necessary to investigate and analyze the effects of an
unauthorized release, propose a cost-effective plan to
adequately protect human health, safety and the environment and
to restore or protect current and potential beneficial uses of
water, and implement and evaluate the effectiveness of the
activity (ies)."
Low-Threat Underground Storage Tank Case Closure Policy . A
Draft Low-Threat Underground Storage Tank Case Closure Policy
(Policy) was released on January 31, 2012, by the SWRCB.
According to the SWRCB, the purpose of the proposed Policy is to
establish consistent statewide case closure criteria for
low-threat petroleum UST sites. The proposed Policy is intended
to provide direction to responsible parties, their service
providers, and regulatory agencies on closure for these low
threat sites. The nine RWQCBs along with those authorized local
agencies, would implement the proposed Policy. The SWRCB is
scheduled to consider adoption of a proposed resolution to adopt
the Policy at its May 1, 2012, meeting.
Related legislation from the current 2011-2012 session . AB 1701
AB 1715
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(Wieckowski), provides for state certification of cities and
counties to oversee the cleanup of USTs.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0003833