Bill Text: CA SB445 | 2013-2014 | Regular Session | Amended

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

---

Bill Title: Underground storage tanks: hazardous substances: petroleum: groundwater and surface water contamination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 547, Statutes of 2014. [SB445 Detail]

Download: California-2013-SB445-Amended.html

---

BILL NUMBER: SB 445	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 8, 2014
	AMENDED IN ASSEMBLY  AUGUST 26, 2013
	AMENDED IN ASSEMBLY  AUGUST 12, 2013
	AMENDED IN ASSEMBLY  AUGUST 5, 2013

INTRODUCED BY   Senator Hill
    (   Principal coauthor: 
 Assembly Member   Mullin  
) 

                        FEBRUARY 21, 2013

   An act to  add Section 15820.927 to the Government Code,
relating to prisons   amend Section 25299.43 of the
Health and Safety Code, relating to underground storage tanks  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 445, as amended, Hill.  Revenue bond financing of
prison construction.   Underground storage tanks:
petroleum: charges.  
   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.  
   This 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.
 
   Existing 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.  
    This 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. 
   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 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   2016  ,
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 25299.41.
   (h) The State Board of Equalization shall amend the regulations
adopted under Section 25299.41 to carry out this section. 
       
  SECTION 1.    Section 15820.927 is added to the
Government Code, immediately after Section 15820.926, to read:
   15820.927.  Notwithstanding Section 13332.11 and 13332.19, the
State Public Works Board may approve a project to be funded pursuant
to this chapter after commencement of working drawings or
construction phase activities. Funds may be allocated to reimburse
expenses that are incurred after the board approves the project
pursuant to this section.