BILL NUMBER: AB 1420 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Salas
FEBRUARY 27, 2015
An act to amend Section 25290.1 of the Health and Safety
Code, relating to the environment. 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 1420, as amended, Salas. Environment: underground
storage tanks. Oil and gas: pipelines.
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.
This bill would require the division to prioritize the
identification and testing of those pipelines that are near sensitive
areas.
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 .
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.
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.
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.
Existing law requires every underground storage tank installed on
or after July 1, 2004, to meet certain requirements.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101042 is added to the
Health and Safety Code , to read:
101042. (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.
SEC. 2. Section 3270.5 is added to the
Public Resources Code , to read:
3270.5. 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.
SEC. 3. 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.
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.