BILL ANALYSIS
AB 1130
Page 1
ASSEMBLY THIRD READING
AB 1130 (Laird)
As Amended June 1, 2007
Majority vote
ENVIRONMENTAL SAFETY 7-0
APPROPRIATIONS 17-0
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|Ayes:|Huffman, Smyth, Eng, |Ayes:|Leno, Walters, Caballero, |
| |Evans, Feuer, Jeffries, | |Davis, DeSaulnier, |
| |Nava | |Emmerson, Huffman, |
| | | |Karnette, Krekorian, La |
| | | |Malfa, |
| | | |Lieu, Ma, Nakanishi, |
| | | |Nava, |
| | | |Sharon Runner, Solorio, |
| | | |Feuer |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
AB 1130
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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
designated by the CUPA, to enforce the unified program.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill causes a substantial shift, from SWRCB and
RWQCBs to local UPAs, in the costs to inspect ASTs containing
petroleum. These costs are covered by inspection fees imposed
on AST operators and owners.
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 has remained dormant since 2002 when the Budget Act
eliminated funding from SWRCB's budget during the fiscal year
2002-03 fiscal crisis as a cost saving measure, which halted all
inspection activities.
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.
Analysis Prepared by : Joanne Roy / E.S. & T.M. / (916)
319-3965
AB 1130
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FN: 0001129