BILL NUMBER: AB 2224	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 18, 2010

   An act to amend Section 25288 of the Health and Safety Code,
relating to hazardous substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2224, as introduced, Ruskin. Hazardous substances: underground
storage tanks.
   Existing law generally requires a local agency, as defined, to
inspect every underground tank system, as defined, that is used for
the storage of hazardous substances, at least once every year. After
conducting the inspection, the local agency is required to prepare a
compliance report detailing the inspection and to send a copy of the
report to the permitholder and the owner or operator. Existing law
authorizes the local agency, instead of performing the inspection
itself, to require the permitholder to employ a special inspector to
conduct the annual inspection. Within 60 days of receiving a
compliance report or special inspection report, the permitholder is
required to file with the local agency a plan to implement all
recommendations contained in the compliance report or to demonstrate
why those recommendations should not be implemented.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25288 of the Health and Safety Code is amended
to read:
   25288.  (a) The local agency shall inspect every underground tank
system within its jurisdiction at least once every year. The purpose
of the inspection is to determine whether the tank system complies
with the applicable requirements of this chapter and the regulations
adopted by the board pursuant to Section 25299.3, including the
design and construction standards of Section 25290.1, 25290.2, 25291,
or 25292, whichever  is applicable   applies
 , whether the owner or operator has monitored and tested the
tank system as required by the permit, and whether the tank system is
in a safe operating condition.
   (b) After an inspection conducted pursuant to subdivision (a), the
local agency shall prepare a compliance report detailing the
inspection and shall send a copy of this report to the permitholder
and the owner or operator, if the owner or operator is not the
permitholder.  Any   A  report prepared
pursuant to this section shall be consolidated into any other
inspection reports required pursuant to Chapter 6.11 (commencing with
Section 25404), the requirements listed in subdivision (c) of
Section 25404, and the regulations adopted to implement the
requirements listed in subdivision (c) of Section 25404.
   (c) In lieu of the annual local agency inspections, the local
agency may require the permitholder to employ a special inspector to
conduct the annual inspection. The local agency shall supply the
permitholder with a list of at least three special inspectors that
are qualified to conduct the inspection. The permitholder shall
employ a special inspector from the list provided by the local
agency. The special inspector's authority shall be the same as that
of the local agency as set forth in subdivision (a).
   (d) Within 60 days after receiving a compliance report or special
inspection report prepared in accordance with subdivision (b) or (c),
respectively, the permitholder shall file with the local agency a
plan to implement all recommendations contained in the compliance
report or shall demonstrate, to the satisfaction of the local agency,
why these recommendations should not be implemented. Any corrective
action conducted pursuant to the recommendations in the report shall
be taken pursuant to Sections 25296.10 and 25299.36.