BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 681 (Wieckowski)
Hearing Date: 08/25/2011 Amended: 07/07/2011
Consultant: Brendan McCarthy Policy Vote: EQ 7-0
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BILL SUMMARY: AB 681 gives the State Fire Marshal responsibility
for developing regulations for the oversight by local
governments of certain types of petroleum storage tanks that are
located in underground areas.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Developing regulations $250 $250 $250 Special
*
and oversight
Grants to local governments About $1,000 over two
yearsSpecial **
* Unified Hazardous Materials Account.
** Environmental Protection Trust Fund.
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STAFF COMMENTS: SUSPENSE FILE.
Under current law, underground petroleum storage tanks are
regulated by California Unified Program Agencies, which are
specified local government agencies. These tanks are regulated
to prevent leakage which can contaminate soil and groundwater.
Similarly, above ground petroleum storage tanks are regulated
under state and federal law. Under current law, petroleum
storage tanks that are located in basements or other underground
rooms are considered underground storage tanks. (For example,
facilities that have emergency backup generators may have a
diesel fuel storage tank in a basement area, but not actually
buried in the ground.)
AB 681 gives the Office of the State Fire Marshal the authority
AB 681 (Weickowski)
Page 1
to develop and adopt regulations for the regulatory oversight of
petroleum storage tanks located in underground areas. California
Unified Program Agencies would continue to provide ongoing
oversight of those tanks, pursuant to the regulations adopted by
the Office of the State Fire Marshal.
While the regulation of underground storage tanks is aimed at
reducing pollution from leakage, this bill intends to regulate
storage tanks in underground areas to prevent hazards from fire,
which is a more likely risk with such tanks.
The Office of the State Fire Marshal indicates that the cost to
develop and adopt regulations and provide ongoing oversight and
assistance to the California Unified Program Agencies will be
about $250,000 per year. Under current law, the California
Environmental Protection Agency is authorized to impose fees on
tank owners, and additional fees from owners would cover those
costs.
The bill also extends the authority of the California
Environmental Protection Agency to expend funds from the
Environmental Protection Trust Fund for grants to California
Unified Program Agencies for training. The remaining balance in
that fund is about $1 million.