BILL NUMBER: SB 1147 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2016
AMENDED IN SENATE MARCH 30, 2016
INTRODUCED BY Senator Galgiani
FEBRUARY 18, 2016
An act to add Chapter 6.78 (commencing with Section
25299.210) to Division 20 of Section 25271 to
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 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 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 prohibit a city, county, or city and county from
enforcing standards for aboveground storage tanks that are more
stringent than state or federal standards for aboveground storage
tanks unless the city, county, or city and county first adopts an
ordinance establishing those standards.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25271 is added to the
Health and Safety Code , to read:
25271. A city, county, or city and county shall not enforce
standards for aboveground storage tanks that are more stringent than
state or federal standards for aboveground storage tanks unless the
city, county, or city and county first adopts an ordinance
establishing those standards.
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.