BILL NUMBER: AB 2224	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2010

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 amended, Ruskin. Hazardous substances: underground
storage tanks. 
    Existing 
    (1)     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   require the California Environmental
Protection Agency, by June 30, 2011, and in consultation with
specified entities, to implement a process by which the local agency
may verify annually the accuracy of the tank number issued by the
State Board of Equalization, to determine that the tank number is the
correct and accurate number for the permitted tank. The bill 
 would require the local agency, pursuant to that process, to
verify annually that the tank number issued by the State Board of
Equalization for the permitted tank is correct and accurate, thereby
implementing a sta   te-mandated local program . 
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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 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) (1) On or before June 30, 2011, the California Environmental
Protection Agency shall implement a process by which the local agency
may verify annually the accuracy of the tank number issued by the
State Board of Equalization, to determine that the tank number is the
correct and accurate number for the permitted tank. In developing
the process, the California Environmental Protection Agency shall
consult with the State Board of Equalization, local agencies,
regulated parties, and other interested parties.  
   (2) The local agency, pursuant to the process established under
paragraph (1), shall verify annually that the tank number issued by
the State Board of Equalization for the permitted tank is correct and
accurate.  
   (b) 
    (c)  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. 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) 
    (d)  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) 
    (e)  Within 60 days after receiving a compliance report
or special inspection report prepared in accordance with subdivision
 (b)   (c)  or  (c)  
(d)  , 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.

   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.