Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1420

Introduced by Assembly Member Salas

February 27, 2015

begin delete An act to amend Section 25290.1 of the Health and Safety Code, relating to the environment. end delete begin insert An act to add Section 101042 to the Health and Safety Code, and to add Section 3270.5 to the Public Resources Code, relating to oil and gas. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1420, as amended, Salas. begin delete Environment: underground storage tanks. end delete begin insert Oil and gas: pipelines. end insert

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Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal.

end insert begin insert

This bill would require the division to prioritize the identification and testing of those pipelines that are near sensitive areas.

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Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health .

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This bill would require a local health department, if notified of a leak in a pipeline regulated by the division, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health department to notify residents affected by the leak if it determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health department to provide a higher level of service to the public, this bill would impose a state-mandated local program.

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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.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law requires every underground storage tank installed on or after July 1, 2004, to meet certain requirements.

end delete begin delete

This bill would make nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 101042 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 101042. end insert   

(a) If the local health department is notified of a leak
in a pipeline that is regulated by the Division of Oil, Gas, and
Geothermal Resources pursuant to Article 4.4 (commencing with
Section 3270) of Chapter 1 of Division 3 of the Public Resources
Code, the local health department shall, working collaboratively
with the division and the owner or operator of the pipeline, do
both of the following:

(1) Test the soil, air, and water in the affected area for
contamination caused by the leak and disclose the results of the
tests to the public.

(2) Make a determination, based on the result of the tests, on
whether the leak poses a serious threat to the public health and
safety of residents affected by the leak, and provide assistance to
those residents if it so determines.

(b) If the local health department determines, based on the
results of the test, that the leak poses a serious threat to public
health and safety, the department shall notify all residents affected
by the leak.

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begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3270.5 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

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begin insert 3270.5. end insert   

The division shall prioritize the identification and
testing of pipelines regulated pursuant to this article that are near
sensitive areas, such as residential areas and schools.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 25290.1 of the Health and Safety Code
is amended to read:

25290.1.  

(a) Notwithstanding subdivision (o) of Section 25281,
for purposes of this section, “product tight” means impervious to
the liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.

(b) Notwithstanding Sections 25290.2 and 25291, every
underground storage tank installed on or after July 1, 2004, shall
meet the requirements of this section.

(c) The underground storage tank shall be designed and
constructed to provide primary and secondary levels of containment
of the hazardous substances stored in it in accordance with the
following performance standards:

(1) Primary containment shall be constructed, operated, and
maintained product tight and compatible with the stored product.

(2) Secondary containment shall be constructed, operated, and
maintained product tight. The secondary containment shall also
be constructed, operated, and maintained in a manner to prevent
structural weakening as a result of contact with any hazardous
substances released from the primary containment, and shall be
capable of storing the hazardous substances for the maximum
anticipated period of time necessary for the recovery of any
released hazardous substance.

(3) Secondary containment shall be constructed, operated, and
maintained to prevent any water intrusion into the system by
precipitation, infiltration, or surface runoff.

(4) In the case of an installation with one primary tank, the
secondary containment shall be large enough to contain at least
100 percent of the volume of the primary tank.

(5) In the case of multiple primary tanks, the secondary
containment shall be large enough to contain 150 percent of the
volume of the largest primary tank placed in it, or 10 percent of
the aggregate internal volume of all primary tanks, whichever is
greater.

(d) The underground tank system shall be designed and
constructed with a continuous monitoring system capable of
detecting the entry of the liquid- or vapor-phase of the hazardous
substance stored in the primary containment into the secondary
containment and capable of detecting water intrusion into the
secondary containment.

(e) The interstitial space of the underground storage tank shall
be maintained under constant vacuum or pressure such that a breach
in the primary or secondary containment is detected before the
liquid or vapor phase of the hazardous substance stored in the
underground storage tank is released into the environment. The
use of interstitial liquid level measurement methods satisfies the
requirements of this subdivision.

(f) The underground storage tank shall be provided with
equipment to prevent spills and overfills from the primary tank.

(g) If different substances are stored in the same tank and in
combination may cause a fire or explosion, or the production of
flammable, toxic, or poisonous gas, or the deterioration of a
primary or secondary container, those substances shall be separated
in both the primary and secondary containment so as to avoid
potential intermixing.

(h) Underground pressurized piping that conveys a hazardous
substance shall be equipped with an automatic line leak detector.

(i) Before the underground storage tank is covered, enclosed,
or placed in use, the standard installation testing requirements for
underground storage systems specified in Section 2.4 of the
Flammable and Combustible Liquids Code, adopted by the
National Fire Protection Association (NFPA 30), as amended and
published in the respective edition of the Uniform Fire Code, shall
be followed.

(j) Before the underground storage tank is placed in use, the
underground storage tank shall be tested after installation using
one of the following methods to demonstrate that the tank is
product tight:

(1) Enhanced leak detection.

(2) An inert gas pressure test that has been certified by a third
party and approved by the board.

(3) A test method deemed equivalent to enhanced leak detection
or an inert gas pressure test by the board in regulations adopted
pursuant to this chapter. An underground storage tank installed
and tested in accordance with this subdivision shall be exempt
from the requirements of Section 25292.5.

(k) Notwithstanding Section 25281.5, for any system installed
to meet the requirements of this section, those portions of vent
lines, vapor recovery lines, and fill pipes that are beneath the
surface of the ground shall be considered “pipe” as that term is
defined in subdivision (m) of Section 25281, and therefore part of
the underground storage tank system.

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