SB 1147, as amended, Galgiani. Hazardous materials: aboveground storage tanks.
begin insertThe Aboveground Petroleum Storage Act generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act requires the owner or operator of an aboveground storage tank that meets certain specifications to prepare a spill prevention control and countermeasure plan and to implement the plan in compliance with specified federal law. The act defines an “aboveground storage tank” as a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground or a tank in an underground area, as defined, except for certain types of tanks and vessels.
end insertbegin insertThis bill would prohibit a city, county, or city and county from enforcing standards for aboveground storage tanks that are more stringent than state or federal standards for aboveground storage tanks unless the city, county, or city and county first adopts an ordinance establishing those standards.
end insertThe Aboveground Petroleum Storage Act, implemented by the unified program agencies, generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act requires the owner or operator of an aboveground storage tank that meets certain specifications to prepare a spill prevention control and countermeasure plan and to implement the plan in compliance with specified federal law. The act requires the unified program agency to inspect each storage tank or a representative sampling of the storage tanks at a single location at least once every 3 years for purposes of determining whether the owner or operator is in compliance with that plan. The act defines an “aboveground storage tank” as a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground or a tank in an underground area, as defined, except for certain types of tanks and vessels.
end deleteThis bill would require an aboveground storage tank with a storage capacity of more than 1,100 gallons to be replaced when the storage tank reaches the end of its useful life, as determined by the manufacturer’s guidelines, and would require an aboveground storage tank with a storage capacity of more than 5,000 gallons purchased before January 1, 2017, to be replaced on or before December 31, 2027. The bill would require an aboveground storage tank of any capacity to be replaced if it presents an immediate risk to public health or safety or the environment. The bill would require a storage tank required to be replaced pursuant to these provisions to be replaced with a storage tank that meets a certain standard. The bill would require an aboveground storage tank purchased on and after January 1, 2017, to meet that same standard. To the extent it would impose additional duties on the unified program agencies, this bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertSection 25271 is added to the end insertbegin insertHealth and Safety
2Codeend insertbegin insert, to read:end insert
A city, county, or city and county shall not enforce
2standards for aboveground storage tanks that are more stringent
3than state or federal standards for aboveground storage tanks
4unless the city, county, or city and county first adopts an ordinance
5establishing those standards.
Chapter 6.78 (commencing with Section
725299.210) is added to Division 20 of the Health and Safety Code,
8to read:
9
For purposes of this chapter, “aboveground storage
13tank” or “storage tank” has the same meaning specified in Section
1425270.2.
(a) An aboveground storage tank with a storage
16capacity of more than 1,100 gallons shall be replaced when the
17storage tank reaches the end of its useful life, as determined by
18the manufacturer’s guidelines.
19(b) Notwithstanding subdivision (a), an aboveground storage
20tank with a storage capacity of more than 5,000 gallons that was
21purchased before January 1, 2017, shall be replaced on or before
22December 31, 2027.
23(c) An aboveground storage tank of any storage capacity shall
24be replaced if the storage tank presents an immediate risk to public
25health or safety or the environment.
26(d) An aboveground storage tank
required to be replaced
27pursuant to this section shall be replaced with a storage tank that
28meets UL 142, the Standard for Safety for Steel Aboveground
29Tanks for Flammable and Combustible Liquids, as established by
30Underwriters Laboratories.
An aboveground storage tank purchased on and
32after January 1, 2017, shall meet UL 142, the Standard for Safety
33for Steel Aboveground Tanks for Flammable and Combustible
34Liquids, as established by Underwriters Laboratories.
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37a local agency or school district has the authority to levy service
38charges, fees, or assessments sufficient to pay for the program or
P4 1level of service mandated by this act, within the meaning of Section
217556 of the Government Code.
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