California 2011-2012 Regular Session Status: Enacted

AB 1701 — Underground storage tanks: local agencies.

Last action — Chaptered by Secretary of State - Chapter 536, Statutes of 2012.

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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 15, 2012. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 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 requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program as a Certified Unified Program Agency (CUPA) . Existing law generally regulates the storage of hazardous substances in underground storage tanks and requires the provisions to be implemented by the local agency that is authorized to implement the unified program and thus be certified as the CUPA. Existing law also defines the term "unified program agency" as meaning the CUPA, or its participating agencies, that is approved by the secretary to implement or enforce those underground storage tank requirements. This bill would revise the term "local agency" for purposes of the underground storage tank requirements to mean the unified program agency with regard to the implementation of certain provisions regulating underground storage tanks and a city or county for purposes of provisions authorizing corrective action to releases from those tanks. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the implementation of those requirements. (2) Existing law requires the State Water Resources Control Board to develop and implement a local oversight program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks by local agencies and authorizes the board to enter into an agreement with a local agency to conduct that program. This bill would revise those provisions to allow a city or county to apply to the board to be certified to implement the local oversight program and would provide, on and after July 1, 2013, that only a certified city or county is authorized to implement the local oversight program. The bill would authorize the board to certify a city or county that the board determines is qualified to oversee or perform the abatement and would require the board to adopt procedures and criteria for certifying and withdrawing certification from cities and counties, which procedures and criteria would be exempt from the requirements and procedures for the adoption of regulations. The bill would require the board, if it does not, by July 1, 2013, certify a city or county that has been previously implementing a local oversight program, to assign the cases from that city or county to the appropriate regional board or a certified city or county. The board would be required to review, at least once every 3 years, the ability of the certified city or county to carry out the local oversight program and would be authorized, after conducting the review, to withdraw the certification of the city or county, pursuant to a specified procedure. The bill would allow the board, on and after June 30, 2013, to enter into an agreement with a local agency to conduct the local oversight program only if the local agency is a certified city or county. (3) The bill would incorporate amendments to Section 25281 of the Health and Safety Code proposed by both this bill and AB 1566, which would become operative only if both bills are enacted and become effective and this bill is enacted after AB 1566. (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 a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 536, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5:45 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6365.).

  5. Assembly Rule 77 suspended. (Page 6357.)

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

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4754.).

  8. Read second time. Ordered to third reading.

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

  10. Ordered to third reading.

  11. From consent calendar.

  12. Read second time. Ordered to consent calendar.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

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

  15. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (July 2).

  16. 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.

  17. 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.

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

  19. Referred to Com. on E.Q.

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

  21. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 4487.)

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 17. Noes 0.) (April 18).

  24. Re-referred to Com. on APPR.

  25. Read second time and amended.

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

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

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

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

  30. From printer. May be heard in committee March 17.

  31. Read first time. To print.

Sponsors

  • Smyth · Cosponsor
  • Wieckowski · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Wieckowski

Co-sponsors (1)

  • Smyth

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 1701 WIECKOWSKI Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 77000
Democratic 1000
Republican 2000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Gorell — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Carter — Yea
Chesbro — Yea
Jeffries — Yea
Knight — Yea
Miller — Yea
Pan — Yea
Perea — Yea
Wagner — Yea
Atkins — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Campos — Yea
Portantino — Yea
Gordon — Yea
Yamada — Yea
Allen — Yea
Halderman — Yea
Hall — Yea
Bonilla — Yea
Hayashi — Yea
Fong — Yea
Fletcher — Yea
Cedillo — Yea
Huffman — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Conway — Yea
Alejo — Yea
Ammiano — Yea
Block — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Olsen — Yea
Smyth — Yea
Torres — Yea
Williams — Yea
Eng — Yea
Dickinson — 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 →

3rd Reading AB1701 Wieckowski By Lowenthal

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Hancock — Yea
Hernandez — Yea
Runner — Yea
Liu — Yea
Yee — Yea
Lowenthal — Yea
Cannella — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
De León — Not Voting
Fuller — Yea
Corbett — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Pavley — Yea
Price — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Not Voting
Harman — Yea
Huff — Yea
Lieu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1701 WIECKOWSKI Assembly Third Reading

Passed 70 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 68009
Republican 2000
Democratic 0001
Total 700010
% of votes cast 88%0%0%13%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Yea
Hall — Yea
Butler — Yea
Fuentes — Yea
Gatto — Yea
Hagman — Yea
Carter — Yea
Harkey — Yea
Hill — Yea
Fong — Yea
Conway — Yea
Allen — Yea
Hueso — Yea
Huffman — Yea
Cook — Yea
Portantino — Yea
John A. Pérez — Yea
Ammiano — Yea
Logue — Yea
Olsen — Yea
Perea — Yea
Swanson — Yea
Valadao — Yea
Williams — Yea
Galgiani — Yea
Atkins — Yea
Halderman — Yea
Fletcher — Not Voting
Bonilla — Not Voting
Mitchell — Not Voting
Campos — Yea
Jeffries — Yea
Knight — Yea
Cedillo — Not Voting
Beall — Yea
Chesbro — Yea
Davis — Not Voting
Donnelly — Yea
Miller — Yea
Monning — Yea
Nestande — Not Voting
Nielsen — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Skinner — Yea
Smyth — Not Voting
Solorio — Yea
Wagner — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Not Voting
Garrick — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

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
Fuentes — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Mitchell — Yea
Campos — Yea
Davis — Yea
Donnelly — Yea
Lara — Yea
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Nielsen — Yea
Wagner — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 1701 do?
(1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program as a Certified Unified Program Agency (CUPA) . Existing law generally regulates the storage of hazardous substances in underground storage tanks and requires the provisions to be implemented by the local agency that is authorized to implement the unified program and thus be certified as the CUPA. Existing law also defines the term "unified program agency" as meaning the CUPA, or its participating agencies, that is approved by the secretary to implement or enforce those underground storage tank requirements. This bill would revise the term "local agency" for purposes of the underground storage tank requirements to mean the unified program agency with regard to the implementation of certain provisions regulating underground storage tanks and a city or county for purposes of provisions authorizing corrective action to releases from those tanks. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the implementation of those requirements. (2) Existing law requires the State Water Resources Control Board to develop and implement a local oversight program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks by local agencies and authorizes the board to enter into an agreement with a local agency to conduct that program. This bill would revise those provisions to allow a city or county to apply to the board to be certified to implement the local oversight program and would provide, on and after July 1, 2013, that only a certified city or county is authorized to implement the local oversight program. The bill would authorize the board to certify a city or county that the board determines is qualified to oversee or perform the abatement and would require the board to adopt procedures and criteria for certifying and withdrawing certification from cities and counties, which procedures and criteria would be exempt from the requirements and procedures for the adoption of regulations. The bill would require the board, if it does not, by July 1, 2013, certify a city or county that has been previously implementing a local oversight program, to assign the cases from that city or county to the appropriate regional board or a certified city or county. The board would be required to review, at least once every 3 years, the ability of the certified city or county to carry out the local oversight program and would be authorized, after conducting the review, to withdraw the certification of the city or county, pursuant to a specified procedure. The bill would allow the board, on and after June 30, 2013, to enter into an agreement with a local agency to conduct the local oversight program only if the local agency is a certified city or county. (3) The bill would incorporate amendments to Section 25281 of the Health and Safety Code proposed by both this bill and AB 1566, which would become operative only if both bills are enacted and become effective and this bill is enacted after AB 1566. (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 a specified reason.
Who sponsors AB 1701?
AB 1701 is sponsored by Smyth and Wieckowski.
What is the current status of AB 1701?
This bill has been enacted into law. Introduced February 15, 2012. Enacted.
Where can I track AB 1701?
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