BILL ANALYSIS �
AB 358
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ASSEMBLY THIRD READING
AB 358 (Smyth)
As Amended April 28, 2011
2/3 vote. Urgency
ENVIRONMENTAL SAFETY 9-0
APPROPRIATIONS 17-0
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|Ayes:|Wieckowski, Miller, |Ayes:|Fuentes, Harkey, |
| |Campos, Chesbro, Davis, | |Blumenfield, Bradford, |
| |Feuer, | |Charles Calderon, Campos, |
| |Bonnie Lowenthal, | |Davis, Donnelly, Gatto, |
| |Morrell, Valadao | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires the adoption of emergency regulations by the
State Water Resources Control Board (SWRCB) to establish
standards for high risk leaking underground storage tanks
(LUSTs). Specifically, this bill :
1)Requires that the SWRCB, by January 1, 2012, adopt regulations
to specify those conditions where an LUST poses an immediate
threat to public health or safety or the environment as a
result of contamination, nuisance, or pollution.
2)Establishes that these regulations shall be adopted as
emergency regulations to go into immediate effect.
3)This is an urgency measure requiring a two-thirds vote.
EXISTING LAW :
1)Regulates, generally, the storage of hazardous substances in
USTs and requires USTs that are used to store hazardous
substances to meet certain requirements, including that the
primary containment be product tight and that the tank's
secondary containment meet specified standards.
2)Requires, under the existing Barry Keene Underground Storage
Tank Cleanup Trust Fund Act of 1989 (Act), owners and
AB 358
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operators of petroleum USTs to take corrective action on an
unauthorized release of petroleum, including requirements for
the preparation of a work plan. The Act provides for the
issuance of a specified closure letter relative to the
completion of an investigation and corrective action for a
petroleum UST.
3)Authorizes the SWRCB to suspend corrective action at a site,
except for emergency sites. Requires the SWRCB to adopt
regulations to specify those conditions where a LUST poses an
immediate threat to public health or safety of the environment
as a result of contamination, nuisance, or pollution.
4)Requires the UST Fund to pay claims of owners and operators in
accordance with a specified order of priority. Claims are
classified into Priority Class A, B, C and D based upon
claimant type, revenue and business size: Priority Class A is
residential claimants; Priority Class B is small
businesses/owners below a revenue threshold; Priority Class C
is small to medium businesses above a revenue threshold; and,
Priority Class D is large businesses with over 500 employees.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time costs to the SWRCB in 2011-12, in the range
of $50,000 to $200,000, to adopt emergency regulations (Special
fund.)
COMMENTS : Existing law does not allow the SWRCB to prioritize
payment of claims based on potential risk to human health and/or
the environment. The current specified order of priority is
based on date of receipt of claim and based upon priority
classification of the claimant. This bill allows a government
agency, the SWRCB, to prioritize a small amount of available
funds for cleanup of gasoline release that pose the greatest
risk to human health and/or the environment, rather than
providing all funds based on being first in line.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0000975
AB 358
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