California 2009-2010 Regular Session Status: Enacted

AB 1188 — Hazardous materials: underground storage tanks.

Last action — Chaptered by Secretary of State - Chapter 649, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law requires the owner or operator of an underground petroleum storage tank, or other responsible party, to take corrective action, as defined, in response to an unauthorized release of petroleum from the tank. A person required to perform corrective action may apply to the State Water Resources Control Board for payment of specified portions of the costs of corrective action. Existing law requires the board to pay claims of owners and operators in accordance with a specified order of priority. Existing law establishes the Underground Storage Tank Cleanup Fund in the State Treasury and authorizes the money in the fund to be used, upon appropriation by the Legislature, to pay those claims, and, among other things, for corrective actions undertaken by the board, a California regional water quality control board, or a local agency, and for the cleanup and oversight of unauthorized releases at abandoned tank sites. Existing law imposes certain petroleum storage fees upon the owner of an underground storage tank for which a permit is required and requires those fees to be deposited in the fund. This bill would temporarily increase a specified petroleum storage fee by $0.006 per gallon of petroleum stored, between January 1, 2010, and December 31, 2011. By operation of existing law, the revenue resulting from the increase 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. The bill would require the board, within 90 days of completion of any independent program audit or fiscal audit of the fund, to post the results of the program audit or fiscal audit on its Internet Web site. For a reimbursement request received by the board on or after November 7, 2008, but before June 30, 2010, if costs submitted by a claimant are approved by the board, but funding is not available for payment to the claimant at the time of approval, the bill would require the board to reimburse the claimant's carrying costs, as defined, subject to specified limitations. (2) Existing law establishes until July 1, 2014, the School District Account in the Underground Storage Tank Cleanup Fund and transfers in the 2009–10, 2010–11, and 2011–12 fiscal years $10,000,000 per year from the fund to the account for payment of claims filed by a school district that takes corrective actions to clean up an unauthorized release from a petroleum underground storage tank. This bill would require that these annual transfers be made prior to the allocation of the moneys in the fund for payment of claims by other underground storage tank owners or operators. (3) Existing law provides for a grant and loan program for small businesses to pay specified costs of complying with underground petroleum storage tank regulations adopted by the board, and defines terms for the purposes of that program. If a grant or loan from specified moneys available for the grant and loan program is being requested for purposes of complying with the Enhanced Vapor Recovery Phase II regulations, existing law requires the applicant to have applied for or obtained a permit from an air quality management district by April 1, 2009, and have obtained an enforcement agreement or other binding obligation by June 30, 2009. This bill would revise the definition of "project tank" to include one or more tanks that are upgraded to comply with the Enhanced Vapor Recovery Phase II regulations, and would require a grant application to include a detailed description of the costs incurred to perform the work and complete the Enhanced Vapor Recovery Phase II upgrade, if applicable. If the board received an applicant's grant application on or before April 1, 2009, the bill would authorize grant funds to be used to reimburse up to 100% of the costs that the applicant incurred after the board received the grant application to comply with the Enhanced Vapor Recovery Phase II regulations. (4) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 649, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:45 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 70. Noes 1. Page 3546.)

  5. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 7. Noes 0.) (October 26).

  6. Re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 77.2.

  7. Joint Rule 62(a), file notice waived. (Page 3541.)

  8. Assembly Rule 77 suspended. (Page 3546.)

  9. In Assembly. Concurrence in Senate amendments pending. May be considered on or after October 28 pursuant to Assembly Rule 77.

  10. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 35. Noes 2. Page 2531.)

  11. (Page 2531.)

  12. Senate Rule 29.3 suspended.

  13. Read third time and amended.

  14. Joint Rule 61(a)(13) suspended. (Ayes 38. Noes 0. Page 2530.)

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 10. Noes 1.) (September 11).

  17. (Page 2429.)

  18. Joint Rule 62(a) suspended.

  19. Joint Rule 61(a)(12) suspended. (Page 2429.)

  20. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (September 8).

  21. Joint Rule 62(a), file notice suspended. (Page 2256.)

  22. Joint Rule 61(a)(12) suspended. (Ayes 39. Noes 0. Page 2222.)

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  24. In committee: Set, first hearing. Hearing canceled at the request of author.

  25. Referred to Com. on EQ.

  26. In Senate. Read first time. To Com. on RLS. for assignment.

  27. Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1860.)

  28. Read second time. To third reading.

  29. From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

  30. In committee: Set, first hearing. Referred to APPR. suspense file.

  31. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 7. Noes 0.) (April 28).

  32. Referred to Com. on E.S. & T.M.

  33. Read first time.

  34. From printer. May be heard in committee March 30.

  35. Introduced. To print.

Sponsors

  • Ruskin · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Ruskin

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate amendments be concurred in.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Chesbro — Yea
Miller — Yea
Ruskin — Yea
Monning — Yea
Smyth — Yea
Feuer — Yea
Davis — Yea

Official roll call →

AB 1188 Ruskin Concurrence- Urgency Added

Passed 80 Yea · 1 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 741010
Democratic 3000
Republican 3000
Total 801010
% of votes cast 88%1%0%11%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Charles — Yea
Beall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Tom — Not Voting
Bonnie — Not Voting
Lowenthal — Not Voting
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Bass — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Not Voting
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Not Voting
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Not Voting
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Anderson — Nay
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Not Voting
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Not Voting
Feuer — Yea
Davis — Yea
DeVore — Not Voting
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1188 Ruskin Urgency Clause

Passed 36 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33203
Democratic 2000
Republican 1000
Total 36203
% of votes cast 88%5%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Harman — Yea
Huff — Yea
Ducheny — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Alquist — Yea
Benoit — Yea
Dutton — Yea
Runner — Not Voting
Florez — Not Voting
Hollingsworth — Nay
Correa — Nay
McLeod — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Pavley — Yea
Simitian — Not Voting
Wiggins — Yea
Wyland — Yea
Corbett — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1188 Ruskin Suspend Joint Rules

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36002
Democratic 2000
Republican 1000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
Ducheny — Yea
McLeod — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Not Voting
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Leno — Yea
Maldonado — Yea
Price — Yea
Steinberg — Yea
Wolk — Yea
Wyland — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10102
Total 10102
% of votes cast 77%8%0%15%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Not Voting
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Not Voting
Price — Yea
Wolk — Yea
Walters — Yea
Cox — Nay
Denham — Yea

Official roll call →

AB 1188 RUSKIN Assembly Third Reading

Passed 90 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 84002
Republican 3000
Total 90002
% of votes cast 98%0%0%2%
How each member voted (92)
Member Party Vote
Bill — Yea
Tom — Yea
Anderson — Yea
Eng — Yea
Feuer — Yea
Charles — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hayashi — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
Bass — Yea
Torres — Yea
Tran — Yea
Villines — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torrico — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Fuentes — Yea
Hall — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Ammiano — Yea
Duvall — Yea
Miller — Yea
Nielsen — Yea
Perez — Yea
Audra — Yea
Price — Yea
Solorio — Yea
Krekorian — Yea
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety environment labor
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Frequently asked questions

What does AB 1188 do?
(1) Existing law requires the owner or operator of an underground petroleum storage tank, or other responsible party, to take corrective action, as defined, in response to an unauthorized release of petroleum from the tank. A person required to perform corrective action may apply to the State Water Resources Control Board for payment of specified portions of the costs of corrective action. Existing law requires the board to pay claims of owners and operators in accordance with a specified order of priority. Existing law establishes the Underground Storage Tank Cleanup Fund in the State Treasury and authorizes the money in the fund to be used, upon appropriation by the Legislature, to pay those claims, and, among other things, for corrective actions undertaken by the board, a California regional water quality control board, or a local agency, and for the cleanup and oversight of unauthorized releases at abandoned tank sites. Existing law imposes certain petroleum storage fees upon the owner of an underground storage tank for which a permit is required and requires those fees to be deposited in the fund. This bill would temporarily increase a specified petroleum storage fee by $0.006 per gallon of petroleum stored, between January 1, 2010, and December 31, 2011. By operation of existing law, the revenue resulting from the increase 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. The bill would require the board, within 90 days of completion of any independent program audit or fiscal audit of the fund, to post the results of the program audit or fiscal audit on its Internet Web site. For a reimbursement request received by the board on or after November 7, 2008, but before June 30, 2010, if costs submitted by a claimant are approved by the board, but funding is not available for payment to the claimant at the time of approval, the bill would require the board to reimburse the claimant's carrying costs, as defined, subject to specified limitations. (2) Existing law establishes until July 1, 2014, the School District Account in the Underground Storage Tank Cleanup Fund and transfers in the 2009–10, 2010–11, and 2011–12 fiscal years $10,000,000 per year from the fund to the account for payment of claims filed by a school district that takes corrective actions to clean up an unauthorized release from a petroleum underground storage tank. This bill would require that these annual transfers be made prior to the allocation of the moneys in the fund for payment of claims by other underground storage tank owners or operators. (3) Existing law provides for a grant and loan program for small businesses to pay specified costs of complying with underground petroleum storage tank regulations adopted by the board, and defines terms for the purposes of that program. If a grant or loan from specified moneys available for the grant and loan program is being requested for purposes of complying with the Enhanced Vapor Recovery Phase II regulations, existing law requires the applicant to have applied for or obtained a permit from an air quality management district by April 1, 2009, and have obtained an enforcement agreement or other binding obligation by June 30, 2009. This bill would revise the definition of "project tank" to include one or more tanks that are upgraded to comply with the Enhanced Vapor Recovery Phase II regulations, and would require a grant application to include a detailed description of the costs incurred to perform the work and complete the Enhanced Vapor Recovery Phase II upgrade, if applicable. If the board received an applicant's grant application on or before April 1, 2009, the bill would authorize grant funds to be used to reimburse up to 100% of the costs that the applicant incurred after the board received the grant application to comply with the Enhanced Vapor Recovery Phase II regulations. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1188?
AB 1188 is sponsored by Ruskin.
What is the current status of AB 1188?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1188?
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