BILL ANALYSIS
AB 1130
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CONCURRENCE IN SENATE AMENDMENTS
AB 1130 (Laird)
As Amended September 7, 2007
Majority vote
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|ASSEMBLY: |79-0 |(June 6, 2007) |SENATE: | |(September 11, |
| | | | | |2007) |
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(vote not available)
Original Committee Reference: NAT. RES.
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).
The Senate amendments :
1)Require a person conducting AST inspections at a facility that
has a storage capacity of 10,000 gallons or more of petroleum
to complete an AST training program and satisfactorily pass an
examination on spill prevention control and countermeasures
and safety requirements for AST inspections. The Secretary
for the California Environmental Protection (CalEPA) shall
establish the training program and develop the exam.
2)Specify that 80% or less of the allocation of all remaining
funds, which are in the Environmental Protection Trust Fund to
be transferred to UPAs in order to implement the Aboveground
Petroleum Storage Act, may be disbursed in advance of actual
expenditure by the UPA.
3)Authorize SWRCB and RWCQBs to oversee cleanup or abatement
efforts, deleting the proposed amendment to include UPAs with
this authority as well.
4)Double-join this bill to AB 558 (Feuer) which establishes the
California Chemical Substances Act.
EXISTING LAW :
1)Requires SWRCB to adopt an inspection schedule for AST
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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 CalEPA Secretary 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
designated by the CUPA, to enforce the unified program.
AS PASSED BY THE ASSEMBLY , this bill was substantially the same
version as passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill would have minor costs to CalEPA to
disperse $7.5 million among the UPAs. Any UPA costs resulting
from training, inspecting, and collecting fees would not be
reimbursable by the state because they have the authority to
levy service charges sufficient to pay for the programs mandated
by this bill.
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
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law as 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.
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 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
FN: 0003401