BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1147|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 1147
Author: Galgiani (D)
Amended: 4/6/16
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/20/16
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 5/4/16
AYES: Hertzberg, Beall, Hernandez, Lara, Moorlach, Pavley
NO VOTE RECORDED: Nguyen
SUBJECT: Hazardous materials: aboveground storage tanks
SOURCE: Author
DIGEST: This bill prohibits 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.
ANALYSIS: Existing federal law requires, pursuant to the
federal Spill Prevention Control and Countermeasure (SPCC) rule
(40 CFR Part 112), owners and operators of tank facilities to
prepare and implement an SPCC Plan which is enforceable by
Certified Unified Program Agencies (CUPAs).
Existing state law:
1)Establishes the Aboveground Petroleum Storage Act (APSA)
(Health and Safety Code §25270 et seq.) which:
SB 1147
Page 2
a) Defines "aboveground storage tank" (AST) as a "tank that
has the capacity to store 55 gallons or more of petroleum
and that is substantially or totally above the ground,"
except as specified.
b) Defines "petroleum" as "crude oil, or a fraction
thereof, that is liquid at 60 degrees Fahrenheit
temperature and 14.7 pounds per square inch absolute
pressure."
c) Defines "tank facility" as one or more ASTs, including
any piping integral to the tanks, that contain petroleum
and that are used by the owner or operator at a single
location or site.
d) Requires the CUPAs to implement APSA.
e) Requires tank facilities with storage capacity between
1,320 gallons and 10,000 gallons to be subject to the
requirements of APSA.
f) Requires the owner or operator of an AST to prepare a
SPCC Plan, periodically inspect the AST, and allow the CUPA
to inspect as well.
g) Requires CUPAs to inspect tank facilities with a 10,000
gallon minimum total storage capacity at least once every
three years.
h) Requires the owner or operator to pay a fee to cover
implementation costs of APSA.
SB 1147
Page 3
i) Authorizes the State Water Resources Control Board and
regional water quality control boards to oversee cleanup or
abatement efforts of unauthorized releases from ASTs.
2)Requires the Department of Forestry and Fire Protection -
Office of the State Fire Marshal (OSFM) to adopt regulations
and provide guidance and oversight to CUPAs implementing APSA.
3)Allows money in the Waste Discharge Permit Fund to be used by
a regional board to remedy a significant unforeseen water
pollution problem and other specified actions.
4)Authorizes CUPAs to assess administrative penalties on an
owner or operator for failing to meet the requirements of APSA
and provides that violations of specified APSA requirements
are a misdemeanor.
5)Allows local tank ordinances to be more stringent than state
or federal requirements, but since this bill allows more
stringent requirements with an approved ordinance, there does
not appear to be a conflict of language.
This bill prohibits a city, county, or city and county from
enforcing standards for ASTs that are more stringent than state
or federal standards for ASTs unless the city, county, or city
and county first adopts an ordinance establishing those
standards.
Background
Aboveground petroleum storage program. The APSA directs CUPAs
to regulate facilities that store more than 1,320 gallons of
petroleum in aggregate, stored in ASTs with capacities of 55
gallons or greater. These facilities typically include large
SB 1147
Page 4
petroleum tank facilities, aboveground fuel tank stations and
vehicle repair shops with aboveground petroleum storage tanks,
but can also include farms or construction sites. AB 1566
(Wieckowski, Chapter 532, Statutes of 2012) tasked the OSFM with
overseeing the CUPAs' implementation of the APSA and required
the State Fire Marshal to adopt regulations governing state
oversight of APSA implementation.
All facilities subject to the APSA that store 10,000 gallons or
more of petroleum must (1) be inspected at least once every
three years by a CUPA, (2) report information about the tank
facility to the CUPA, and (3) pay a fee to help cover the cost
of the program. Facilities that store between 1,320 gallons and
10,000 gallons of petroleum must only meet the reporting and fee
requirements. In addition, most facilities subject to the ASPA
must prepare SPCC Plans, but certain farms, logging sites, and
construction sites are exempted. Federal regulations require
the spill prevention plans to, among other things, describe the
oil handling operations, spill prevention practices, discharge
or drainage controls, and the personnel, equipment and resources
at the facility that are used to prevent oil spills. Facility
owners must also periodically inspect the tanks and connected
pipes.
Standards for aboveground storage tanks. ASTs must meet certain
standards set out in state and local fire codes. Fire codes in
California are typically developed and adopted according to the
following process:
A model fire code is developed by the National Fire Protection
Association (NFPA).
The State of California then adopts that model code, with any
amendments specific to California, as the California Fire
Code.
Local agencies in California then enact an ordinance to adopt
the California Fire Code. Those ordinances may include
amendments that are more stringent than the California Fire
SB 1147
Page 5
Code, if the local governing body makes findings that the
amendments are necessary because of local climatic,
geological, or topographical conditions.
The California Fire Code requires the design, fabrication, and
construction of tanks to conform to certain standards developed
by the NFPA. These standards include provisions for different
types of storage tanks, such as steel tanks without additional
protections as well as "protected" steel tanks, which must meet
a higher standard. ASTs must generally be protected tanks
unless they hold less flammable motor oil. However, the
California Fire Code includes some exemptions from these
standards for tanks on farms.
Kern County. The Kern County Environmental Health Services
Division is the CUPA in Kern County. The Kern County Fire
Department also participates in implementing the APSA because it
is responsible for issuing permits for storage tanks under the
Kern County Fire Code. In 2013, following delegation of
oversight responsibility for APSA to the OSFM, Kern County began
rigorously enforcing the APSA and identifying tanks as not
meeting the required standards in the Kern County Fire Code.
These standards require farms to use protected tanks.
A 2016 evaluation of Kern County's implementation of the Unified
Program found that Kern County was not adequately ensuring that
violators of the APSA had in fact returned to compliance by
replacing tanks that did not meet standards. Accordingly, some
tank owners have been told that they must remove their tanks.
These owners are concerned that Kern County has been enforcing
standards higher than state regulations without first adopting
an ordinance.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SB 1147
Page 6
SUPPORT: (Verified5/5/16)
California Cotton Ginners Association
California Cotton Growers Association
California Fresh Fruit Association
Milk Producers Council
Western Agricultural Processors Association
OPPOSITION: (Verified5/5/16)
None received
ARGUMENTS IN SUPPORT: According to the author, SB 1147 improves
clarity and consistency to the regulation of ASTs by providing a
mechanism for cities and counties to regulate these tanks on the
local level. The author states that recently, there have been
concerns in Kern County where ASTs have been "red-tagged" for
being out-of-compliance with County standards. Statewide, ASTs
are required to meet UL 142 (the Standard for Safety for Steel
Aboveground Tanks for Flammable and Combustible Liquids as
established by Underwriters Laboratories); however, Kern County
has required tanks to meet more stringent standards and have
done so without adopting a local ordinance. The author asserts
that SB 1147 maintains local regulation and resolves this issue
by requiring cities and counties to adopt an ordinance prior to
enforcing AST standards that are more stringent than state or
federal AST standards.
Prepared by:Rachel Wagoner / E.Q. / (916) 651-4108
5/6/16 14:26:28
**** END ****
SB 1147
Page 7