Bill Text: CA SB1147 | 2015-2016 | Regular Session | Amended

California Senate Bill 1147 (Prior Session Legislation)

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

Bill Title: Hazardous materials: aboveground storage tanks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1147 Detail]

Download: California-2015-SB1147-Amended.html

BILL NUMBER: SB 1147	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 30, 2016

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 18, 2016

   An act to  amend Section 25270.2 of   add
Chapter 6.78 (commencing with Section 25299.210) to Division 20 of
 the Health and Safety Code, relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1147, as amended, Galgiani. Hazardous materials: aboveground
storage tanks. 
   The Aboveground Petroleum Storage Act, implemented by the unified
program agencies, generally regulates aboveground storage tanks that
contain petroleum and that meet certain requirements. The act
requires the owner or operator of an aboveground storage tank that
meets certain specifications to prepare a spill prevention control
and countermeasure plan and to implement the plan in compliance with
specified federal law. The act requires the unified program agency to
inspect each storage tank or a representative sampling of the
storage tanks at a single location at least once every 3 years for
purposes of determining whether the owner or operator is in
compliance with that plan. The act defines an "aboveground storage
tank" as a tank that has the capacity to store 55 gallons or more of
petroleum and that is substantially or totally above the surface of
the ground or a tank in an underground area, as defined, except for
certain types of tanks and vessels.  
   This bill would require an aboveground storage tank with a storage
capacity of more than 1,100 gallons to be replaced when the storage
tank reaches the end of its useful life, as determined by the
manufacturer's guidelines, and would require an aboveground storage
tank with a storage capacity of more than 5,000 gallons purchased
before January 1, 2017, to be replaced on or before December 31,
2027. The bill would require an aboveground storage tank of any
capacity to be replaced if it presents an immediate risk to public
health or safety or the environment. The bill would require a storage
tank required to be replaced pursuant to these provisions to be
replaced with a storage tank that meets a certain standard. The bill
would require an aboveground storage tank purchased on and after
January 1, 2017, to meet that same standard. To the extent it would
impose additional duties on the unified program agencies, this bill
would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   The Aboveground Petroleum Storage Act generally regulates
aboveground storage tanks that contain petroleum and that meet
certain requirements. The act defines an "aboveground storage tank"
as a tank that has the capacity to store 55 gallons or more of
petroleum and that is substantially or totally above the surface of
the ground or a tank in an underground area, as defined, except for
certain types of tanks and vessels. Existing law makes a violation of
certain provisions of the act a crime.  
   This bill would amend the definition of "aboveground storage tank"
to mean a tank that has the capacity to store 55 gallons or more of
transportation fuel and that is substantially or totally above the
surface of the ground or a tank in an underground area, as defined,
except for certain types of tanks and vessels. The bill would define
"transportation fuel" to include petroleum, ethanol, and biodiesel.
 
   By expanding the kinds of aboveground storage tanks that would be
regulated by the act, the bill would expand the application of a
crime, thereby imposing a state-mandated local program. 

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    Chapter 6.78 (commencing with Section
25299.210) is added to Division 20 of the   Health and
Safety Code   , to read:  
      CHAPTER 6.78.  ABOVEGROUND STORAGE TANK STANDARD


   25299.210.  For purposes of this chapter, "aboveground storage
tank" or "storage tank" has the same meaning specified in Section
25270.2.
   25299.215.  (a) An aboveground storage tank with a storage
capacity of more than 1,100 gallons shall be replaced when the
storage tank reaches the end of its useful life, as determined by the
manufacturer's guidelines.
   (b) Notwithstanding subdivision (a), an aboveground storage tank
with a storage capacity of more than 5,000 gallons that was purchased
before January 1, 2017, shall be replaced on or before December 31,
2027.
   (c) An aboveground storage tank of any storage capacity shall be
replaced if the storage tank presents an immediate risk to public
health or safety or the environment.
   (d) An aboveground storage tank required to be replaced pursuant
to this section shall be replaced with a storage tank that meets UL
142, the Standard for Safety for Steel Aboveground Tanks for
Flammable and Combustible Liquids, as established by Underwriters
Laboratories.
   25299.220.  An aboveground storage tank purchased on and after
January 1, 2017, shall meet UL 142, the Standard for Safety for Steel
Aboveground Tanks for Flammable and Combustible Liquids, as
established by Underwriters Laboratories. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  All
matter omitted in this version of the bill appears in the bill as
introduced in the Senate, February 18, 2016. (JR11)