Bill Text: CA AB358 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hazardous substances: underground storage tanks:

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 571, Statutes of 2011. [AB358 Detail]

Download: California-2011-AB358-Amended.html

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BILL NUMBER: AB 358	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2011
	AMENDED IN ASSEMBLY  APRIL 13, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 10, 2011

   An act to amend Section 25296.25 of the Health and Safety Code,
relating to hazardous substances  , and declaring the urgency
thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 358, as amended, Smyth. Hazardous substances: underground
storage tanks: corrective action suspension.
   Existing law generally regulates the storage of hazardous
substances in underground storage tanks, including requiring
underground storage tanks that are used to store hazardous substances
to meet certain requirements.
   Existing law requires owners and operators of underground storage
tanks to take corrective action to an unauthorized release. The State
Water Resources Control Board is authorized to suspend corrective
action at a site, unless the board, in consultation with local
agencies and a California regional water quality control board
(regional board), determines that a site is an emergency site, as
defined. The board is prohibited from suspending certain activities
pursuant to that authority and is required to continue the suspension
under certain conditions. The board is required to adopt regulations
to specify the conditions under which a site is an emergency site,
in that it poses either an imminent threat to public health or safety
or to the environment or a substantial probability of causing a
condition of contamination, nuisance, or pollution.
   Under the existing Barry Keene Underground Storage Tank Cleanup
Trust Fund Act of 1989, the board is authorized to expend moneys from
the Underground Storage Tank Cleanup Fund to pay claims to aid
eligible owners and operators of petroleum underground storage tanks
who take corrective action to clean up unauthorized releases from
those tanks.
   This bill would require the board to adopt these regulations
specifying the conditions under which a site is an emergency site on
 or before  January 1, 2012, as emergency regulations. The
bill would exempt the adoption of these regulations from certain
requirements regarding review by the Office of Administrative Law.

   The bill would declare that it is to take effect immediately as an
urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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

  SECTION  .  1.  Section 25296.25 of the Health and
Safety Code is amended to read:
   25296.25.  (a) (1) Unless the board, in consultation with local
agencies and the regional board, determines that a site is an
emergency site, the board, at the request of a responsible party who
is eligible for reimbursement of corrective action costs under
Chapter 6.75 (commencing with Section 25299.10), may suspend
additional corrective action or investigation work at a site, based
on a preliminary site assessment conducted in accordance with the
corrective action regulations adopted by the board, but the board
shall not suspend any of the following activities pursuant to this
section:
   (A) Removal of, or approved modifications of, existing tanks.
   (B) Excavation of petroleum saturated soil or removal of excess
petroleum from saturated soil.
   (C) Removal of free product from the saturated and unsaturated
zones.
   (D) Periodic monitoring to ensure that released petroleum is not
migrating in an uncontrolled manner that will cause the site to
become an emergency site.
   (2) For purposes of this subdivision, "emergency site" means a
site that, because of an unauthorized release of petroleum, meets one
of the following conditions:
   (A) The site presents an imminent threat to public health or
safety or the environment.
   (B) The site poses a substantial probability of causing a
condition of contamination or nuisance, as defined in Section 13050
of the Water Code, or of causing pollution of a source of drinking
water at a level that is a violation of a primary or secondary
drinking water standard adopted by the State Department of Public
Health pursuant to Chapter 4 (commencing with Section 116270) of Part
12 of Division 104.
   (b) The suspension shall continue until one of the following
occurs:
   (1) The board provides the eligible responsible party with a
letter of commitment pursuant to Chapter 6.75 (commencing with
Section 25299.10) that the party will receive reimbursement for the
corrective action.
   (2) The responsible party requests in writing that the suspension
be terminated and that the work continue.
   (3) The fund established pursuant to Article 6 (commencing with
Section 25299.50) of Chapter 6.75 is no longer in existence.
   (c) (1) On  or before  January 1, 2012, the board shall
adopt emergency regulations pursuant to Section 25299.3 that specify
the conditions under which a site is an imminent threat to public
health or safety or to the environment or poses a substantial
probability of causing a condition of contamination, nuisance, or
pollution, as specified in paragraph (2) of subdivision (a).
   (2) These emergency regulations shall be adopted in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, and for the purposes of
that chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11346.1 of the Government Code, the
emergency regulations adopted pursuant to this subdivision shall be
filed with, but shall not be repealed by, the Office of
Administrative Law and shall remain in effect until revised by the
board.
   (3) The board shall not suspend corrective action or investigation
work at any site pursuant to this section until the effective date
of the emergency regulations adopted by the board pursuant to this
subdivision.
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to better protect public health and safety and the
environment by clarifying the procedures for corrective actions, it
is necessary that this act take effect immediately.