BILL ANALYSIS �
AB 1715
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 1715 (Smyth) - As Amended: March 29, 2012
SUBJECT : Underground Storage Tanks.
SUMMARY : Requires the State Water Resources Control Board
(SWRCB) to make recommendations to the Legislature on standards
and measurements for judging a local agency's compliance with
the underground storage tank (UST) cleanup standards.
EXISTING LAW :
1. Authorizes SWRCB, in consultation with the Department of
Toxic Substances Control, to develop and implement a
program to establish local oversight programs to oversee
the management and cleanup of UST sites.
2. Directs the SWRCB to select local agencies to collect
and transmit fees and surcharges from UST permit holders to
cover local agency and SWRCB costs.
3. Requires that UST cleanup, abatement, or other action
shall, be consistent with procedures adopted by the SWRCB
and shall be based upon cleanup standards specified by the
SWRCB or the Regional Water Quality Control Board (RWQCB).
FISCAL EFFECT : Not Known
COMMENTS:
Need for the bill . According to the author, "This bill
addresses the varying cleanup standards for leaking underground
storage tanks currently used by state and local jurisdictions.
The local agencies overseeing cleanup programs make these
jurisdictional decisions under the authorization of the State
Water Resources Control Board. Assembly Bill 1715 seeks to
establish consistent and reasonable standards and measurements
for evaluating a local agency's compliance with state cleanup
criteria. To accomplish this important environmental and
regulatory goal, AB 1715 requires the State Water Board to make
recommendations to the Legislature on the appropriate standards
and measurements for cleanliness."
AB 1715
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Setting clean-up standards . Current law provides the SWRCB,
RWQCBs, and local agencies with broad authority to require
responsible parties to clean up releases from petroleum UST
(Health & Safe. Code, � 25296.10; Wat. Code, � 13304(a)). The
SWRCB has promulgated regulations specifying corrective action
requirements for petroleum UST cases (Cal. Code Regs., tit. 23,
�� 2720-2728). The regulations define corrective action as "any
activity necessary to investigate and analyze the effects of an
unauthorized release, propose a cost-effective plan to
adequately protect human health, safety and the environment and
to restore or protect current and potential beneficial uses of
water, and implement and evaluate the effectiveness of the
activity (ies)".
Low-Threat Underground Storage Tank Case Closure Policy . A
Draft Low-Threat Underground Storage Tank Case Closure Policy
(Policy) was released on January 31, 2012 by the SWRCB.
According to the SWRCB, the purpose of the proposed Policy is to
establish consistent statewide case closure criteria for
low-threat petroleum UST sites. The proposed Policy is intended
to provide direction to responsible parties, their service
providers, and regulatory agencies on closure for these low
threat sites. The nine RWQCBs along with those authorized local
agencies, would implement the proposed Policy. The SWRCB is
scheduled to consider adoption of a proposed resolution to adopt
the Policy at its May 1, 2012, meeting.
Related Legislation:
AB 1701 (Wieckowski), provides for State certification of cities
and counties to oversee the cleanup of USTs. AB 1701 is pending
on the Assembly Floor.
Technical Amendment : AB 1715 as currently drafted requires the
SWRCB to submit a report to the legislature related to local
agencies compliance with state clean-up standards. The
Committee may wish to specify the report is due no later than
January 1, 2014 and subsequently sunset this provision of law.
REGISTERED SUPPORT / OPPOSITION :
Support
California Independent Oil Marketers Association
AB 1715
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Opposition
None on file.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965