BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1701|
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THIRD READING
Bill No: AB 1701
Author: Wieckowski (D) and Smyth (R)
Amended: 8/21/12 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 7/2/12
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 4/23/12 - See last page for vote
SUBJECT : Underground storage tanks
SOURCE : Author
DIGEST : This bill provides for state certification of
cities and counties to oversee the cleanup of underground
storage tanks (UST). This bill is double-jointed with AB
1566 (Wieckowski).
ANALYSIS :
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
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and that the tank's secondary containment meet specified
standards.
2. Requires the Secretary of the California Environmental
Protection Agency to establish a unified hazardous waste
and hazardous materials management regulatory program,
known as the Certified Unified Program Agency, as a
means of consolidating the local rules or local
ordinances relating to the generation or handling of
hazardous waste or hazardous materials, as specified
pursuant to Chapter 6.11 of the Health and Safety Code.
3. Requires, under the existing Barry Keene Underground
Storage Tank Cleanup Trust Fund Act of 1989, owners and
operators of petroleum USTs to take corrective action on
an unauthorized release of petroleum, including
requirements for the preparation of a work plan.
This bill:
1. Requires a city or county to apply to the State Water
Resources Control Board (SWRCB) to be certified to
implement the local UST cleanup programs.
2. Provides that only a certified city or county is
authorized to implement the local UST oversight cleanup
program after July 1, 2013.
3. Authorizes the SWRCB to certify a city or county that it
determines is qualified to oversee or perform the
abatement and require the SWRCB to adopt procedures and
criteria for certifying cities and counties. Requires
local agency certification by the SWRCB to include a
review, at a minimum, of all of the following factors of
the city or county capacity:
A. Adequacy of the technical expertise possessed by
the city or county;
B. Adequacy of staff resources;
C. Adequacy of budget resources and funding
mechanisms;
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D. Training requirements;
E. Past performance in implementing and enforcing
corrective action requirements; and,
F. Record keeping and accounting systems.
4. Provides that if a local agency is not certified by the
SWRCB, after June 30, 2013, the SWRCB shall assign UST
remediation cases from that city or county to either the
Regional Water Quality Control Board (RWQCB) or to a
certified local program.
5. Removes obsolete provisions of the UST cleanup program,
including the authority for the Santa Clara Valley Water
Agency to operate as the local UST oversight agency and
for the funding of these activities by the SWRCB.
This bill is double-jointed with AB 1566 (Wieckowski).
Comments
Need for this bill . According to the author, "Leaks from
underground storage tanks (UST) represent a threat to
California groundwater and land resources. Even a small
amount of petroleum released from a leaking UST can
contaminate groundwater. The multiple local agencies with
responsibility for cleanup oversight result in highly
varied local requirements and processes for the cleanup of
underground tanks. This variability has led to delays in
site cleanups and increased state and business costs."
On November 30, 2011, the Assembly Environmental Safety and
Toxic Materials Committee conducted an oversight hearing on
the state and local regulation and management of USTs
containing hazardous materials including petroleum. The
hearing held in San Jose reviewed policies and actions to
increase the efficiency and timeliness of UST cleanups.
One of the findings from the hearing was the need to
standardize local agency oversight of cleanups to provide
timely closure of sites.
Oversight of UST cleanup is currently carried out by a
range of state and local agencies including nine RWQCBs, 22
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local oversight programs, and over 90 local implementing
agencies. The multiple local agencies with responsibility
for cleanup oversight result in highly varied local
requirements and processes for the cleanup of USTs. This
variability has led to delays in site cleanups and
increased state and business costs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, this
bill will result in minor, absorbable net costs to the
SWRCB. The SWRCB will incur workload, approximately
equivalent to one staff member annually, to certify cities
and counties and to review qualifications for
certification. The SWRCB expects this workload largely to
be offset by a reduction in workload resulting from
replacement of the existing, and time consuming,
contract-by-contract-based local programs with more
standardized state certification.
SUPPORT : (Verified 8/21/12)
California Association of Environmental Health
Administrators
California Independent Oil Marketers Association
CORE Environmental Reform
ARGUMENTS IN SUPPORT : According to the author:
AB 1701 provides for a simplified and uniform local
agency certification for the cleanup of leaking USTs.
After July 1, 2013, cities and counties may implement
the UST cleanup program under Health and Safety Code,
Chapter 6.7, subject to certification by the State Water
Resources Control Board.
Local agency cleanup oversight authority will be limited
to those cities or counties that are certified. This
bill does not change to the local agency leak prevention
elements of the UST program.
ASSEMBLY FLOOR : 70-0, 4/23/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
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Bill Berryhill, Block, Blumenfield, Bradford, Buchanan,
Butler, Campos, Carter, Chesbro, Conway, Cook, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel P�rez, Portantino, Silva, Skinner, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Bonilla, Brownley, Charles Calderon,
Cedillo, Davis, Fletcher, Furutani, Mitchell, Nestande,
Smyth
DLW:k 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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