BILL NUMBER: AB 282	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Wieckowski and Mitchell

                        FEBRUARY 11, 2013

   An act to amend Section 25299.43 of the Health and Safety Code,
relating to underground storage tanks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 282, as introduced, Wieckowski. Underground storage tanks:
petroleum: charges.
   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Trust Fund Act of 1989, which is repealed on January 1, 2016, every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 fees are
required to be deposited in the Underground Storage Tank Cleanup Fund
and the State Water Resources Control 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
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, until January 1, 2014, provides for an increase in
the fee for storage in an underground tank of $0.006 per gallon of
petroleum.
   This bill would require payment of the additional $0.006 per
gallon until January 1, 2016. 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.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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  2016  ,
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.