BILL ANALYSIS
AB 1130
Page 1
Date of Hearing: April 24, 2007
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Jared Huffman, Chair
AB 1130 (Laird) - As Amended: April 19, 2007
SUBJECT : Aboveground Storage Tanks.
SUMMARY : Transfers responsibility for the aboveground storage
tank (AST) inspection program and fee collection from the State
Water Resources Control Board (SWRCB) and the Regional Water
Quality Control Boards (RWQCBs) to the local Unified Program
Agencies (UPAs).
EXISTING LAW :
1)Requires SWRCB to adopt an inspection schedule for AST
facilities and authorizes RWQCBs to conduct inspections.
2)Requires SWRCB and RWQCBs to inspect facilities to ensure a
Spill Prevention Control and Countermeasure is in place, tanks
are not leaking, and a monitoring program is undertaken, if
necessary.
3)Requires owners and operators of ASTs to file a storage
statement and submit a biennial registration fee. Requires
SWRCB to deposit these fees in the Environmental Protection
Trust Fund and use the money to support an inspection program.
4)Requires the Secretary for Environmental Protection (CalEPA)
to adopt regulations and implement the Unified Hazardous Waste
and Hazardous Materials Management Regulatory Program. A city
or local agency that meets specified requirements can be
authorized to assume enforcement duties of the program as a
Certified Unified Program Agency (CUPA).
5)Under the CUPA program, authorizes local city and county
agencies to unify the administration and enforcement of six
environmental programs - the hazardous waste, aboveground and
underground storage tank, hazardous materials inventory,
extremely hazardous materials accidental release, and
hazardous materials/fire code programs.
6)Defines "unified program agency" or "UPA" as the CUPA, or its
participating agencies (PAs), to the extent each PA has been
AB 1130
Page 2
designated by the CUPA, to enforce the unified program.
FISCAL EFFECT : Unknown.
COMMENTS : According to the sponsor, SWRCB, this proposal would
transfer the responsibility for the AST Inspection Program to
local environmental health and fire departments sanctioned under
law as Unified Program Agencies (UPAs). The AST Inspection
Program was eliminated from SWRCB's budget during the fiscal
year 2002-03 fiscal crisis as a cost saving measure, which
halted all inspection activities. In doing so, it was
anticipated that changes to existing statutes would occur and
AST facility inspections would become a local responsibility
under the UPA umbrella. To date, however, there have been no
changes to existing law, so responsibility remains with SWRCB.
Thus, no ASTs are being inspected which increases the threat
that ASTs will leak and threaten water quality. This bill would
transfer responsibility of the inspection program and fee
collection to the UPAs and reactivate the AST compliance
program.
REGISTERED SUPPORT / OPPOSITION :
Support
State Water Resources Control Board (Sponsor)
Opposition
None on file
Analysis Prepared by : Joanne Roy / E.S. & T.M. / (916)
319-3965