AB 1566 — Aboveground storage tanks: enforcement.

Summary

(1) The Aboveground Petroleum Storage Act (act) defines, for purposes of the act, 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, except as specified. Existing law requires every county to apply to the Secretary for Environmental Protection to be certified to implement the unified hazardous waste and hazardous materials management regulatory program (unified program) and allows a city or local agency to implement the unified program. Existing law requires the unified program agencies (UPAs) to implement that act. This bill would revise the definition of "aboveground storage tank" to include tanks in an underground area, as defined. The bill would also make conforming changes to the definition of the term "tank facility." The bill would require the UPAs to implement the act in accordance with the regulations adopted by the Office of the State Fire Marshal and would authorize the Office of the State Fire Marshal to adopt these regulations, thereby imposing a state-mandated local program by imposing new requirements upon local agencies with regard to the act. The bill would require the office to establish an advisory committee and take other actions with regard to ensuring compliance with local, state, and federal requirements. The bill would also require the office to interpret the act and oversee the implementation of the act by the UPAs and would make conforming changes in that regard. The bill would impose criminal penalties for a violation of the act, thereby imposing a state-mandated local program by creating new crimes, and would impose administrative penalties for a violation of the act. (2) Existing law defines the term "underground storage tank" for purposes of the provisions regulating the storage of hazardous substances in underground storage tanks, and excludes certain tanks from that definition. Existing law exempts from the requirements imposed upon underground storage tanks, a tank located in a below-grade structure that is connected to an emergency generator tank system and meets specified conditions, including that the tank has a cumulative capacity of 1,100 gallons or less. This bill would revise the definition of the term "underground storage tank" to additionally exclude a tank in an underground area, and associated piping, that is subject to the act. The bill would increase the capacity for an exempted tank in a below-grade structure to less than 1,320 gallons. (3) This bill would incorporate additional changes to Section 25281 of the Health and Safety Code proposed by AB 1701, to become operative only if AB 1701 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (4) 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 specified reasons.

Bill Text

• Chaptered 09/25/12 - Chaptered Current pdf September 25, 2012
• Enrolled 08/31/12 - Enrolled pdf August 31, 2012
• Amended 08/21/12 - Amended Senate pdf August 21, 2012
• Amended 05/25/12 - Amended Assembly pdf May 25, 2012
• Amended 03/27/12 - Amended Assembly pdf March 27, 2012
• Amended 03/15/12 - Amended Assembly pdf March 15, 2012
• Introduced 01/30/12 - Introduced pdf January 30, 2012
• AB1566 View text html

Action History

1. September 25, 2012

   Chaptered by Secretary of State - Chapter 532, Statutes of 2012.

2. September 25, 2012

   Approved by the Governor.

3. September 05, 2012

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

4. August 27, 2012

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 1. Page 6299.).

5. August 22, 2012

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

6. August 22, 2012

   Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4706.).

7. August 21, 2012

   Read second time and amended. Ordered to third reading.

8. August 20, 2012

   From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 16).

9. August 06, 2012

   In committee: Referred to APPR. suspense file.

10. July 03, 2012

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 2). Re-referred to Com. on APPR.

11. June 14, 2012

    Referred to Com. on E.Q.

12. May 31, 2012

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

13. May 30, 2012

    Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5106.)

14. May 29, 2012

    Read second time. Ordered to third reading.

15. May 25, 2012

    Read second time and amended. Ordered to second reading.

16. May 25, 2012

    From committee: Do pass as amended. (Ayes 17. Noes 0.) (May 25).

17. April 18, 2012

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

18. March 28, 2012

    Re-referred to Com. on APPR.

19. March 27, 2012

    Read second time and amended.

20. March 26, 2012

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 20).

21. March 19, 2012

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

22. March 15, 2012

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

23. February 09, 2012

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

24. January 31, 2012

    From printer. May be heard in committee March 1.

25. January 30, 2012

    Read first time. To print.

Sponsors

• Wieckowski · Primary

Votes

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