BILL ANALYSIS
AB 1130
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2007-2008 Regular Session
BILL NO: AB 1130
AUTHOR: Laird
AMENDED: June 21, 2007
FISCAL: Yes HEARING DATE: July 10, 2007
URGENCY: No CONSULTANT: Rachel Machi
SUBJECT : ABOVEGROUND STORAGE TANKS
SUMMARY :
Existing law :
1)Requires State Water Resources Control Board (SWRCB) to
adopt an inspection schedule for aboveground storage tank
(AST) facilities and authorizes Regional Water Quality
Control Boards (RWQCB) 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 local city or county 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.
AB 1130
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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.
This bill transfers responsibility for the aboveground storage
tank (AST) inspection program and fee collection from the
SWRCB and the RWQCBs to the CUPAs.
COMMENTS :
1)Purpose of the bill . 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 CUPAs. The AST
Inspection Program has remained dormant since 2002 when the
Budget Act eliminated funding from SWRCB's budget during
fiscal year 2002-03 as a cost saving measure, which halted
all inspection activities.
According to the sponsor, it was anticipated that changes to
existing statutes would occur and AST facility inspections
would become a local responsibility under the CUPA 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 CUPAs and reactivate the AST compliance
program.
2) Arguments in support . The California Association of
Environmental Health Administrators (CAEHA) argues that
this transfer is critical and long overdue, CAEHA states
that the funding authority and staff positions for the
SWRCB and RWQCBs were eliminated from the state budget
due to the state's fiscal crisis. It was the
Legislature's intent at the time that the program be
transferred to the local CUPAs, in order to continue
regular inspections of ASTs. Because the transfer has
not occurred, no tank inspections have been conducted in
almost five years.
SOURCE : State Water Resources Control Board
AB 1130
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SUPPORT : California Association of Environmental Health
Administrators
Contra Costa Health Services
OPPOSITION : None on file