BILL ANALYSIS �
AB 681
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 681
AUTHOR: Wieckowski
AMENDED: June 22, 2011
FISCAL: Yes HEARING DATE: June 27, 2011
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : ABOVE GROUND STORAGE TANK PROGRAM
SUMMARY :
Existing law :
1) Under the Aboveground Petroleum Storage Act (Act) (Health
and Safety Code �25270 et seq.):
a) Provides a definition of Aboveground Storage Tank
(AST).
b) Requires that California Unified Program Agencies
(CUPAs) to implement the Act.
c) Establishes the Environmental Protection Trust Fund
to provide resources to train and assist CUPAs with
implementation of the Act and sunsets expenditures on
June 1, 2011.
d) Establishes civil penalties for violation of the Act
and allocates those penalties back to the Fund.
2) Describes the process for the development of adoption and
interpretation of
statewide standards and requirements for programs
administration by the CUPAs (�25404.1).
3) Under the federal Spill Prevention Control and
Countermeasure (SPCC) rule provided in the U.S. Code of
Federal Regulations (40 C.F.R. part 112) establishes
requirements regarding storage tanks.
AB 681
Page 2
This bill :
1) Defines "underground area" as an underground room or space,
such as a basement, cellar, shaft, pit or vault, providing
enough space for physical inspection of the exterior of the
tank situation on or above the surface of the floor.
2) Requires that a tank in an "underground area" that is
exempt from underground tank regulation be regulated as an
aboveground tank.
3) Authorizes the Office of State Fire Marshal (OSFM) to adopt
regulations and transfers interpretation and oversight of
the AST program from the CUPAs to the OSFM.
4) Extends Environmental Protection Trust Fund expenditures
until June 1, 2013, and provides that unexpended funds be
deposited in the Unified Program Account for further
support for CUPAs AST activities.
COMMENTS :
1)Purpose of Bill . According to the sponsor, AB 681 makes
important enhancements which will improve the regulation of
aboveground petroleum storage tanks in the State.
2)Background. According to the sponsor, AB 681 aligns the Act
with federal requirements by explicitly stating that a tank
located in an underground area that is exempt from
regulations as an underground storage tank is regulated as
an aboveground storage tank under the Act. This is to
ensure that all below grade "vaulted" petroleum tanks not
covered by UST laws are covered by the Act.
AB 681 designates the Office of the State Fire Marshal as
the agency with authority to adopt regulations to implement
the Act and interpret and oversee the implementation of this
chapter by the CUPAs. The State Water Resources Control
Board (SWRCB) had responsibility until the responsibility
was granted to the CUPAs. Because the regulation of these
tanks is primarily a fire prevention function, the OSFM is
AB 681
Page 3
the most appropriate agency to provide oversight
AB 681 also extends the date that CUPAs can receive grant
allocations from the Environmental Protection Trust Fund
which was established to fund initial implementation of the
Act by CUPAs. This is necessary for the California
Environmental Protection Agency to be authorized to disperse
the balance of the funds to the CUPAs.
AB 681 also adds criminal and administrative penalties to
make the Act penalty provisions consistent with the other
laws consolidated in the CUPA program. This is a
cornerstone of the Unified Program consistency. When the
program was transferred to the CUPAs, this authority was not
transferred or restated
3)Related Legislation . Assembly Bill 1130 (Laird) Chapter
626, Statutes of 2007, transferred the responsibility for
the implementation, enforcement, and administration of the
Act from SWRCB to the CUPAs. AB 1130 authorized the
expenditure of a portion of the moneys in the Environmental
Protection Trust Fund (EPTF), upon appropriation by the
Legislature, in an amount determined by the Secretary for
Environmental Protection in consultation with the CUPAs, to
a training account established and maintained by the
Secretary to be used for purposes of training CUPA personnel
in the requirements of the Act. AB 1130 also allocates all
remaining funds to the CUPAs for expenditure to implement
the Act, but limits to 80% or less the allocation to a CUPA
in advance of actual expenditure by the CUPA. It made
conforming changes to ensure consistency with the federal
Spill Prevention Control and Countermeasure (SPCC) rule
provided in the U.S. Code of Federal Regulations (40 C.F.R.
part 112).
4)Technical Amendment Needed . AB 681 needs an amendment to fix
a drafting error on page 4, line 9 of the bill. The word
"underground" needs to be stricken and replaced with
"aboveground".
SOURCE : California Association of Environmental Health
Administrators
AB 681
Page 4
SUPPORT : None on file
OPPOSITION : None on file