California 2011-2012 Regular Session Status: Enacted

AB 358 — Hazardous substances: underground storage tanks: releases: reports.

Last action — Chaptered by Secretary of State - Chapter 571, Statutes of 2011.

  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 10, 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 6 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 generally regulates the storage of hazardous substances in underground storage tanks, including requiring underground storage tanks that are used to store hazardous substances to meet certain requirements. Existing law requires tank owners and operators to report unauthorized releases to local agencies, which includes specified information, and requires the State Water Resources Control Board to continuously post and update on its Internet Web site reports of information concerning unauthorized releases. This bill would instead require the owner or operator to transmit certain information regarding an unauthorized release to the local agency on a written form or using an electronic format developed by the board and approved by the Secretary for Environmental Protection. The bill would require additional information to be provided to the local agency. The bill would also instead require each regional board and local agency to submit a report to the board for all unauthorized releases using the board's Internet-accessible database, thereby imposing a state-mandated local program by imposing new duties upon local agencies. The bill would require the board to annually post and update on its Internet Web site the information in those reports concerning unauthorized releases. The bill would authorize the board to adopt regulations to specify reporting requirements to implement these provisions, including electronic submission requirements for these reports. The bill would require the regulations to be adopted as emergency regulations and would exempt the adoption of these regulations from certain requirements regarding review by the Office of Administrative Law. (2) Existing law requires a uniform closure letter to be issued to the owner, operator, or other responsible party taking corrective action at an underground storage tank site by the local agency or the regional board with jurisdiction over the site, or the State Water Resources Control Board, upon a finding that the underground storage tank site is in compliance with specified requirements and with any corrective action regulations adopted by the board and that no further corrective action is required at the site. This bill would require that closure letters issued pursuant to the above-described provisions on or after January 1, 2012, include language notifying the owner, operator, or other responsible party of the filing deadline for claims for reimbursement of corrective action costs that are received by the board more than 365 days after the date of issuance of a closure letter or after the issuance or activation of a letter of commitment, whichever occurs later. (3) Existing law authorizes the State Water Resources Control Board to close a tank case if that tank case is under the jurisdiction of a regional board or a local agency implementing a local oversight program and the board determines that the corrective action at the site complies with specified requirements. Existing law allows the board to recommend that a local agency close that tank case if the tank case is at a site of a local agency that is not implementing the local oversight program. Existing law also authorizes the manager of the Underground Storage Tank Cleanup Fund, with the approval of the tank owner or operator, to make a recommendation to the board for closure of any tank case. This bill would instead authorize the board to require closure of any underground storage tank case where an unauthorized release has occurred and the board makes that determination. The bill would delete the board's authority to recommend closure to a local agency that is not implementing the local oversight program. The board would be required, before closing or requiring closure of an underground storage tank case, to provide an opportunity for reviewing and providing responses to the petition or the manager's recommendation to the applicable regional board, local agency, specified water district, or special act district with groundwater management authority. This bill would, upon the manager of the fund recommending case closure, to limit reimbursement of subsequently incurred corrective action costs to $10,000 per year, except as specified. (4) Existing law allows a person required to perform corrective action pursuant to a specified provision to apply to the State Water Resources Control Board for payment of a claim for specified portions of the costs of the corrective action and third-party damages. This bill would additionally authorize a person required to perform corrective action under certain federal laws to apply to the board for payment of a claim. The bill would also require that claims for reimbursement of corrective action costs that are received by the board more than 365 days after the date of issuance of a closure letter or after the issuance or activation of a letter of commitment, whichever occurs later, not be reimbursed unless one of 2 specified conditions apply. The bill would require the board, for cases that have been issued a closure letter prior to January 1, 2012, to notify claimants of the 365-day filing deadline on or before March 31, 2012, or upon issuance of a letter of commitment, whichever occurs later. (5) The bill would declare that it is to take effect immediately as an urgency statute, but the changes made by the bill would only become operative if, and on the date that, AB 291 is chaptered. (6) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 571, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 1. Page 3067.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (September 7).

  6. Joint Rule 62(a), file notice suspended. (Page 2981.)

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

  8. Assembly Rule 77 suspended. (Page 2964.)

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

  10. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 38. Noes 1. Page 2305.).

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Read second time. Ordered to third reading.

  14. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

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

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

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 27).

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

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

  20. Referred to Com. on E.Q.

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

  22. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1822.).

  23. Read second time. Ordered to third reading.

  24. From committee: Do pass. (Ayes 17. Noes 0.) (May 27).

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

  26. Re-referred to Com. on APPR.

  27. Read second time and amended.

  28. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 26).

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

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

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

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

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

  34. From printer. May be heard in committee March 13.

  35. Read first time. To print.

Sponsors

  • Smyth · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Smyth

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

AB 358 SMYTH Concurrence in Senate Amendments

Passed 78 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 75101
Democratic 1000
Republican 2000
Total 78101
% of votes cast 98%1%0%1%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hall — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Carter — Yea
Hill — Yea
Cedillo — Yea
Huber — Yea
Jeffries — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Chesbro — Yea
Cook — Yea
Ammiano — Yea
Dickinson — Yea
Donnelly — Yea
Pan — Yea
Perea — Yea
Wagner — Yea
Portantino — Yea
Yamada — Yea
Allen — Yea
Fuentes — Yea
Bonilla — Yea
Furutani — Yea
Fong — Yea
Fletcher — Yea
Campos — Yea
Gatto — Yea
Gordon — Yea
Halderman — Yea
Harkey — Yea
Beall — Yea
Block — Yea
Conway — Yea
Davis — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Olsen — Yea
Skinner — Yea
Torres — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB358 Smyth By Walters Urgency Clause

Passed 38 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36100
Republican 1000
Democratic 1001
Total 38101
% of votes cast 95%3%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Hernandez — Yea
Negrete McLeod — Yea
Huff — Yea
Cannella — Yea
Correa — Yea
Kehoe — Yea
Lieu — Yea
Liu — Yea
Rubio — Yea
Leno — Yea
Anderson — Nay
Dutton — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Yea
Vargas — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

AB 358 SMYTH Third Reading Urgency

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Democratic 1000
Republican 2000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Carter — Yea
Hill — Yea
Cedillo — Yea
Jeffries — Yea
Chesbro — Yea
Knight — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Logue — Yea
Miller — Yea
Bradford — Yea
Donnelly — Yea
Perea — Yea
Skinner — Yea
Valadao — Yea
Wagner — Yea
Campos — Yea
Portantino — Yea
Allen — Yea
Bonilla — Yea
Fuentes — Yea
Fong — Yea
Fletcher — Yea
Furutani — Yea
Gatto — Yea
Conway — Not Voting
Gorell — Not Voting
Halderman — Yea
Hall — Not Voting
Davis — Yea
Hayashi — Yea
Ammiano — Yea
Beall — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Hueso — Yea
Ma — Yea
Mansoor — Yea
Morrell — Yea
Norby — Yea
Pan — Yea
Torres — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

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

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 358 do?
(1) Existing law generally regulates the storage of hazardous substances in underground storage tanks, including requiring underground storage tanks that are used to store hazardous substances to meet certain requirements. Existing law requires tank owners and operators to report unauthorized releases to local agencies, which includes specified information, and requires the State Water Resources Control Board to continuously post and update on its Internet Web site reports of information concerning unauthorized releases. This bill would instead require the owner or operator to transmit certain information regarding an unauthorized release to the local agency on a written form or using an electronic format developed by the board and approved by the Secretary for Environmental Protection. The bill would require additional information to be provided to the local agency. The bill would also instead require each regional board and local agency to submit a report to the board for all unauthorized releases using the board's Internet-accessible database, thereby imposing a state-mandated local program by imposing new duties upon local agencies. The bill would require the board to annually post and update on its Internet Web site the information in those reports concerning unauthorized releases. The bill would authorize the board to adopt regulations to specify reporting requirements to implement these provisions, including electronic submission requirements for these reports. The bill would require the regulations to be adopted as emergency regulations and would exempt the adoption of these regulations from certain requirements regarding review by the Office of Administrative Law. (2) Existing law requires a uniform closure letter to be issued to the owner, operator, or other responsible party taking corrective action at an underground storage tank site by the local agency or the regional board with jurisdiction over the site, or the State Water Resources Control Board, upon a finding that the underground storage tank site is in compliance with specified requirements and with any corrective action regulations adopted by the board and that no further corrective action is required at the site. This bill would require that closure letters issued pursuant to the above-described provisions on or after January 1, 2012, include language notifying the owner, operator, or other responsible party of the filing deadline for claims for reimbursement of corrective action costs that are received by the board more than 365 days after the date of issuance of a closure letter or after the issuance or activation of a letter of commitment, whichever occurs later. (3) Existing law authorizes the State Water Resources Control Board to close a tank case if that tank case is under the jurisdiction of a regional board or a local agency implementing a local oversight program and the board determines that the corrective action at the site complies with specified requirements. Existing law allows the board to recommend that a local agency close that tank case if the tank case is at a site of a local agency that is not implementing the local oversight program. Existing law also authorizes the manager of the Underground Storage Tank Cleanup Fund, with the approval of the tank owner or operator, to make a recommendation to the board for closure of any tank case. This bill would instead authorize the board to require closure of any underground storage tank case where an unauthorized release has occurred and the board makes that determination. The bill would delete the board's authority to recommend closure to a local agency that is not implementing the local oversight program. The board would be required, before closing or requiring closure of an underground storage tank case, to provide an opportunity for reviewing and providing responses to the petition or the manager's recommendation to the applicable regional board, local agency, specified water district, or special act district with groundwater management authority. This bill would, upon the manager of the fund recommending case closure, to limit reimbursement of subsequently incurred corrective action costs to $10,000 per year, except as specified. (4) Existing law allows a person required to perform corrective action pursuant to a specified provision to apply to the State Water Resources Control Board for payment of a claim for specified portions of the costs of the corrective action and third-party damages. This bill would additionally authorize a person required to perform corrective action under certain federal laws to apply to the board for payment of a claim. The bill would also require that claims for reimbursement of corrective action costs that are received by the board more than 365 days after the date of issuance of a closure letter or after the issuance or activation of a letter of commitment, whichever occurs later, not be reimbursed unless one of 2 specified conditions apply. The bill would require the board, for cases that have been issued a closure letter prior to January 1, 2012, to notify claimants of the 365-day filing deadline on or before March 31, 2012, or upon issuance of a letter of commitment, whichever occurs later. (5) The bill would declare that it is to take effect immediately as an urgency statute, but the changes made by the bill would only become operative if, and on the date that, AB 291 is chaptered. (6) 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.
Who sponsors AB 358?
AB 358 is sponsored by Smyth.
What is the current status of AB 358?
This bill has been enacted into law. Introduced February 10, 2011. Enacted.
Where can I track AB 358?
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