Bill Text: CA AB291 | 2011-2012 | Regular Session | Chaptered

California Assembly Bill 291 (Prior Session Legislation)

Bill Title: Underground storage tanks: petroleum: charges.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 569, Statutes of 2011. [AB291 Detail]

Download: California-2011-AB291-Chaptered.html

BILL NUMBER: AB 291	CHAPTERED
	BILL TEXT

	CHAPTER  569
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2011
	APPROVED BY GOVERNOR  OCTOBER 8, 2011
	PASSED THE SENATE  SEPTEMBER 6, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2011
	AMENDED IN SENATE  JULY 7, 2011
	AMENDED IN ASSEMBLY  JUNE 1, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 8, 2011

   An act to amend Section 25299.43 of the Health and Safety Code,
relating to underground storage tanks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 291, Wieckowski. Underground storage tanks: petroleum: charges.

   Under the existing Barry Keene Underground Storage Tank Cleanup
Trust Fund Act of 1989, which is repealed on January 1, 2016, every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 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 control 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 provides for an increase in the fee at a rate of
$0.006 per gallon of petroleum between January 1, 2010, and December
31, 2011, and terminates that increase on January 1, 2012.
   This bill would continue the requirement to pay that increased
amount of $0.006 per gallon until January 1, 2014. By operation of
existing law, the revenue resulting from the increased fee would be
required to be deposited in the fund and be available, upon
appropriation, for expenditure for the purposes authorized under
existing law for money in the fund. 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.
   The bill would only become operative if AB 358 is enacted and
becomes effective on or before January 1, 2012.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25299.43 of the Health and Safety Code is
amended to read:
   25299.43.  (a) To implement the changes to this chapter made by
Chapter 1191 of the Statutes of 1994, and consistent with Section
25299.40, effective January 1, 1995, every owner subject to Section
25299.41 shall pay a storage fee of one mill ($0.001) for each gallon
of petroleum placed in an underground storage tank that the person
owns, in addition to the fee required by Section 25299.41.
   (b) On and after January 1, 1996, the storage fee imposed under
subdivision (a) shall be increased by two mills ($0.002) for each
gallon of petroleum placed in an underground storage tank.
   (c) On and after January 1, 1997, the storage fee increased under
subdivision (b) shall be increased by an additional three mills
($0.003) for each gallon of petroleum placed in an underground
storage tank.
   (d) On and after January 1, 2005, the storage fee increased under
subdivision (c) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
   (e) On and after January 1, 2006, the storage fee increased under
subdivision (d) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
   (f) On and after January 1, 2010, the storage fee increased under
subdivision (e) shall be increased by an additional six mills
($0.006) for each gallon of petroleum placed in an underground
storage tank. The increase provided for in this subdivision shall be
effective until January 1, 2014, at which time, the fee shall revert
back to the fee pursuant to subdivision (e).
   (g) The fee imposed under this section shall be paid to the State
Board of Equalization under Part 26 (commencing with Section 50101)
of Division 2 of the Revenue and Taxation Code in the same manner as,
and consistent with, the fees imposed under Section 24299.41.
   (h) The State Board of Equalization shall amend the regulations
adopted under Section 25299.41 to carry out this section.
  SEC. 2.  This act shall only become operative if Assembly Bill 358
is enacted and becomes effective on or before January 1, 2012.