California 2011-2012 Regular Session Status: Enacted

AB 291 — Underground storage tanks: petroleum: charges.

Last action — Chaptered by Secretary of State - Chapter 569, Statutes of 2011.

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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 08, 2011. 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 7 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

Under the existing Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989, which is repealed on January 1, 2016, every owner of an underground storage tank is required to pay a storage fee for each gallon of petroleum placed in the tank.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 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 control 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 provides for an increase in the fee at a rate of $0.006 per gallon of petroleum between January 1, 2010, and December 31, 2011, and terminates that increase on January 1, 2012. This bill would continue the requirement to pay that increased amount of $0.006 per gallon until January 1, 2014. By operation of existing law, the revenue resulting from the increased fee 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. 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 23 of the membership of each house of the Legislature. The bill would only become operative if AB 358 is enacted and becomes effective on or before January 1, 2012.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 569, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 8. Page 3061.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 7. Page 2305.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (August 15).

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 27).

  11. Referred to Com. on E.Q.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 7. Page 1823.)

  14. Assembly Rule 69(d) suspended. (Page 1782.)

  15. Read third time and amended. Ordered to third reading. (Page 1755.)

  16. Assembly Rule 69(b)(1) suspended. (Page 1754.)

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered to second reading.

  19. From committee: Do pass as amended. (Ayes 17. Noes 0.) (May 27).

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

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 26). Re-referred to Com. on APPR.

  22. Re-referred to Com. on E.S. & T.M.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

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

  25. From printer. May be heard in committee March 11.

  26. Read first time. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Wieckowski

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

Passed 67 Yea · 8 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 65705
Republican 1100
Democratic 1000
Total 67805
% of votes cast 84%10%0%6%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hall — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Galgiani — Yea
Campos — Yea
Gorell — Not Voting
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Harkey — Not Voting
Hayashi — Yea
Hueso — Yea
Jeffries — Not Voting
Knight — Nay
Mendoza — Yea
Chesbro — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Cook — Not Voting
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Nay
Pan — Yea
Torres — Yea
Wieckowski — Yea
Butler — Yea
Feuer — Yea
Furutani — Yea
Gatto — Yea
Hagman — Yea
Carter — Yea
Cedillo — Yea
Hill — Yea
Huber — Yea
Fong — Yea
Conway — Yea
Allen — Yea
Huffman — Yea
Bradford — Yea
Olsen — Yea
Perea — Yea
Smyth — Yea
Valadao — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Lara — Yea
Logue — Yea
Ma — Yea
Mansoor — Not Voting
Morrell — Nay
Norby — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Wagner — Nay
Williams — Yea
Eng — Yea
Fuentes — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Passed 31 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 30601
Democratic 1001
Republican 0100
Total 31702
% of votes cast 78%18%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Cannella — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hernandez — Yea
Corbett — Yea
Correa — Nay
Runner — Nay
Anderson — Nay
Blakeslee — Yea
Dutton — Yea
Leno — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Harman — Yea
Huff — Not Voting
Kehoe — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Price — Yea
Emmerson — Not Voting

Official roll call →

Passed 62 Yea · 7 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 606011
Republican 1100
Democratic 1000
Total 627011
% of votes cast 78%9%0%14%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Not Voting
Feuer — Yea
Furutani — Yea
Butler — Yea
Gatto — Yea
Hill — Yea
Fong — Yea
Allen — Yea
Carter — Yea
Cedillo — Yea
Conway — Yea
Logue — Yea
Olsen — Yea
Perea — Yea
Smyth — Yea
Williams — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Yea
Gorell — Not Voting
Campos — Yea
Halderman — Not Voting
Bonilla — Yea
Atkins — Yea
Hall — Not Voting
Harkey — Not Voting
Fletcher — Not Voting
Hayashi — Yea
Hueso — Yea
Jeffries — Not Voting
Knight — Nay
Beall — Yea
Block — Yea
Chesbro — Yea
Donnelly — Nay
Lara — Yea
Mansoor — Not Voting
Mendoza — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Torres — Not Voting
Wagner — Nay
Achadjian — Not Voting
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Huffman — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Skinner — Yea
Swanson — Yea
Valadao — Nay
Wieckowski — Yea
Cook — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Davis — Yea
Hall — Yea
Mitchell — Yea
Donnelly — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Hill — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 291 do?
Under the existing Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989, which is repealed on January 1, 2016, 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 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 control 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 provides for an increase in the fee at a rate of $0.006 per gallon of petroleum between January 1, 2010, and December 31, 2011, and terminates that increase on January 1, 2012. This bill would continue the requirement to pay that increased amount of $0.006 per gallon until January 1, 2014. By operation of existing law, the revenue resulting from the increased fee 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. 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 23 of the membership of each house of the Legislature. The bill would only become operative if AB 358 is enacted and becomes effective on or before January 1, 2012.
Who sponsors AB 291?
AB 291 is sponsored by Wieckowski.
What is the current status of AB 291?
This bill has been enacted into law. Introduced February 08, 2011. Enacted.
Where can I track AB 291?
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