SB 445,
as amended, Hill. begin deleteRevenue bond financing of prison construction. end deletebegin insertUnderground storage tanks: petroleum: charges.end insert
Under existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989, every owner of an underground storage tank is required to pay a storage fee for each gallon of petroleum placed in the tank. The fees are required to be deposited in the Underground Storage Tank Cleanup Fund and the State Water Resources Control Board is authorized to expend the moneys in the fund, upon appropriation by the Legislature, for various purposes, including the payment of claims to aid owners and operators of petroleum underground storage tanks who take corrective action to clean up unauthorized releases from those tanks, corrective actions undertaken by the board, a California regional water quality board, or a local agency, the cleanup and oversight of unauthorized releases at abandoned tank sites, and grants to small businesses to retrofit certain hazardous substance underground storage tanks. Existing law imposes a $0.001 charge per gallon of a petroleum placed in an underground storage tank until January 1, 2016, and repeals the act on that date. Existing law also specifies that certain associated rights, obligations, and authorities that apply prior to the January 1, 2016, repeal date do not terminate until the moneys in the fund are exhausted.
end insertbegin insertThis bill would require payment of an additional $0.006 per gallon of petroleum until January 1, 2016. This bill would constitute a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2 /3 of the membership of each house of the Legislature.
end insertExisting law authorizes the Board of State and Community Corrections, the State Public Works Board, and a participating county to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law authorizes the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, and continuously appropriates the funds for those purposes.
end deleteThis bill would authorize the State Public Works Board to approve a project under either of the above programs after commencement of working drawings or construction phase activities and would authorize reimbursement of expenses incurred after the board approves the project.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 25299.43 of the end insertbegin insertHealth and Safety Codeend insert
2begin insert is amended to read:end insert
(a) To implement the changes to this chapter made
4by Chapter 1191 of the Statutes of 1994, and consistent with
5Section 25299.40, effective January 1, 1995, every owner subject
6to Section 25299.41 shall pay a storage fee of one mill ($0.001)
7for each gallon of petroleum placed in an underground storage
8tank that the person owns, in addition to the fee required by Section
925299.41.
P3 1(b) On and after January 1, 1996, the storage fee imposed under
2subdivision (a) shall be increased by two mills ($0.002) for each
3gallon of petroleum placed in an underground storage tank.
4(c) On and after January 1, 1997, the storage fee increased under
5subdivision (b) shall be increased by an additional three mills
6
($0.003) for each gallon of petroleum placed in an underground
7storage tank.
8(d) On and after January 1, 2005, the storage fee increased under
9subdivision (c) shall be increased by an additional one mill ($0.001)
10for each gallon of petroleum placed in an underground storage
11tank.
12(e) On and after January 1, 2006, the storage fee increased under
13subdivision (d) shall be increased by an additional one mill
14($0.001) for each gallon of petroleum placed in an underground
15storage tank.
16(f) On and after January 1, 2010, the storage fee increased under
17subdivision (e) shall be increased by an additional six mills
18($0.006) for each gallon of petroleum placed in an underground
19storage tank. The increase provided for in this subdivision shall
20be effective until January 1,begin delete 2014end deletebegin insert
2016end insert, at which time, the fee shall
21revert back to the fee pursuant to subdivision (e).
22(g) The fee imposed under this section shall be paid to the State
23Board of Equalization under Part 26 (commencing with Section
2450101) of Division 2 of the Revenue and Taxation Code in the
25same manner as, and consistent with, the fees imposed under
26Section 25299.41.
27(h) The State Board of Equalization shall amend the regulations
28adopted under Section 25299.41 to carry out this section.
Section 15820.927 is added to the Government
30Code, immediately after Section 15820.926, to read:
Notwithstanding Section 13332.11 and 13332.19,
32the State Public Works Board may approve a project to be funded
33pursuant to this chapter after commencement of working drawings
34or construction phase activities. Funds may be allocated to
35reimburse expenses that are incurred after the board approves the
36project pursuant to this section.
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