BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1715|
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CONSENT
Bill No: AB 1715
Author: Smyth (R)
Amended: 6/20/12 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 : Not relevant
SUBJECT : Underground storage tanks: tank case closure
SOURCE : California Independent Oil Marketers
Association
DIGEST : This bill requires the manager of the
Underground Storage Tank (UST) Cleanup Fund, upon
determination that closure of a tank case is appropriate
based upon his/her annual review, to provide a review
summary report to the applicable regional board and local
agency and provide opportunity for comment. This bill
prohibits the regional board or local agency from issuing
corrective action directive or enforcing an existing
corrective action directive for a tank case for which the
manager has provided this review summary report, until the
board issues a decision regarding the closure of the tank
case, except as specified. This bill specifies that the
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$10,000 limit for corrective action costs after tank
closure includes costs for groundwater monitoring. This
bill also makes a statement of legislative intent regarding
the State Water Resource Control Board's actions regarding
these tank cases.
ANALYSIS :
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).
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."
Setting clean-up standards . Existing law provides the
SWRCB, RWQCBs, and local agencies with broad authority to
require responsible parties to clean up releases from
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petroleum UST (Health and Safety Code Section 25296.10;
Water Code Section 13304(a)). The SWRCB has promulgated
regulations specifying corrective action requirements for
petroleum UST cases (California Code of Regulations, Title
23, Sections 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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee, this
bill will result in minor cost to SWRCB, likely in the
range of tens of thousands of dollars. (Special Fund)
SUPPORT : (Verified 8/7/12)
California Independent Oil Marketers Association (source)
ARGUMENTS IN SUPPORT : According to the author:
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The Underground Storage Tank Cleanup Fund is an important
fixture of California's commitment to environmental
protection.
Businesses that own tanks rely on the Fund---as well as
local enforcement agencies---to ensure that the
remediation process is thorough and expedient.
Under the State Water Resources Control Board's "5-year
review" process, the Fund Manager may determine that case
closure is appropriate based on evidence and review of
the case.
Current law, however, permits local agencies to issue
additional enforcement directives on tank owners while
the case is under judgment.
This inconsistency does not further the state's goal of
protecting human health and the environment.
And, with over 500 cases under review at any given time,
this places an expensive burden on tank owners, putting
the state's Fund at risk.
AB 1715 seeks to clarify this inconsistency by placing a
relief period on local enforcement actions during the
five-year review until the board issues a decision on
case closure.
AB 1715 would not affect enforcement on cases that pose
an imminent threat to public health or safety.
DLW:m 8/7/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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