California 2017-2018 Regular Session Status: Enacted

AB 2902 — Hazardous substances.

Last action — Chaptered by Secretary of State - Chapter 721, Statutes of 2018.

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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 16, 2018. 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) The Aboveground Petroleum Storage Act generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act defines 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 or is a tank in an underground area, as defined, except for certain types of tanks and vessels. A tank containing hazardous waste or extremely hazardous waste is not regulated pursuant to the act if the Department of Toxic Substances Control has issued a hazardous waste facilities permit for the tank to the person owning or operating the tank. The act defines "tank in an underground area" to mean a storage tank that meets certain specifications and requirements, including that the storage tank is located in a structure that is at least 10% below the ground surface, as specified. This bill would revise the definition of "aboveground storage tank" to include a container that meets those same specifications. The bill would revise the definition of "tank in an underground area" to mean a stationary storage tank that meets those same specifications and requirements, and would make other revisions to that definition. The act provides that a tank facility is subject to the act if the tank facility meets one of 3 descriptions, including if it has a storage capacity of less than 1,320 gallons of petroleum and has one or more tanks in an underground area meeting specified conditions. The act requires the owner or operator of a storage tank at a tank facility subject to the act to prepare a spill prevention control and countermeasure plan and to implement the plan in compliance with a specified federal law. This bill would authorize the owner or operator of a tank in an underground area that meets that description to use the format adopted by the Office of the State Fire Marshal to prepare the spill prevention control and countermeasure plan. The bill would provide that a tank in an underground area that would otherwise be subject to the act because it meets that description is not subject to the act if it holds hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, or other similar devices, if it is a heating oil tank, or if the tank is a sump, separator, clarifier, catch basin, or storm drain. (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. Existing law defines the term "emergency generator tank system" for purposes of these provisions to mean an underground storage tank system that provides power supply in the event of a commercial power failure, stores diesel fuel, and is used solely in connection with an emergency system, legally required standby system, or optional standby system. This bill would expand the term "emergency generator tank system" to additionally include an underground storage tank system that provides power supply in the event of a commercial power failure, stores kerosene, and is used solely in connection with those specified systems. Existing law authorizes a local agency, upon the discovery of a significant violation of any provision regulating the storage of hazardous substances in underground storage tanks that poses an imminent threat to human health or safety or the environment, to affix a red tag, in plain view, to the fill pipe of the noncompliant underground storage tank system to provide notice that delivery of petroleum into the system is prohibited. Existing law authorizes a local agency, upon the discovery of a significant violation of any provision regulating the storage of hazardous substances in underground storage tanks, to issue a notice of significant violation to the owner or operator. This bill would additionally authorize the State Water Resources Control Board, in consultation with a local agency, to affix a red tag and to issue a notice of significant violation pursuant to these provisions. The bill would additionally authorize the board or a local agency to issue a written directive to a noncompliant underground storage tank owner or operator to empty the noncompliant underground storage tank, as specified. The bill would additionally prohibit a person from delivering hazardous substances into, or from inputting into or withdrawing from, an underground storage tank that has a red tag affixed to its fill pipe, except to empty the tank. Existing law prohibits a local agency from issuing or renewing a permit to operate an underground storage tank if the local agency inspects the tank and determines that the tank does not comply with the provision regulating the storage of hazardous substances in underground storage tanks. This bill would instead prohibit a local agency from issuing or renewing a permit to operate an underground storage tank to a person operating an underground storage tank to which a red tag is currently affixed or to a facility that is currently subject to an enforcement action, as specified, unless the underlying violations that are the subject of that enforcement action have been corrected or otherwise resolved, as specified. The bill would authorize a local agency to issue a permit or renew a permit for a facility while that facility is subject to an enforcement action, if the facility is appealing, petitioning, or otherwise seeking reconsideration of the enforcement action. Existing law requires owners or operators of underground storage tanks to furnish, under penalty of perjury, specified information as the local agency, regional water quality control board, or the State Water Resources Control Board may require. This bill would expand the scope of the information that any of those entities may require to be provided and would expand to all persons the obligation to furnish the required information under penalty of perjury. Because this provision would expand the scope of a crime, the bill would impose a state-mandated local program. (3) Existing law requires the immediate report of any release or threatened release of a hazardous material, defined pursuant to the laws regulating the response to the release of hazardous materials, to the unified program agency and to the Office of Emergency Services. This bill would additionally require the immediate report of an actual release of a hazardous substance, defined pursuant to the laws imposing criminal liability for certain deposits of hazardous substances, as specified. To the extent this provision would increase the duties of unified program agencies, the bill would impose a state-mandated local program. (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

Action History

  1. Chaptered by Secretary of State - Chapter 721, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6896.).

  5. Assembly Rule 77 suspended. (Page 6773.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5877.).

  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 ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  14. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 6). Re-referred to Com. on APPR.

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

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

  17. Referred to Com. on EQ.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4646.)

  20. Read second time. Ordered to Consent Calendar.

  21. From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 4).

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 20).

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

  26. From printer. May be heard in committee March 19.

  27. Read first time. To print.

Sponsors

  • Committee on Environmental Safety and Toxic Materials · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Committee on Environmental Safety and Toxic Materials

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 2902 E.S. & T.M. Concurrence in Senate Amendments By QUIRK

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Holden — Yea
Mathis — Yea
Obernolte — Yea
Rendon — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Cunningham — Yea
Frazier — Yea
Friedman — Yea
Rivas — Yea
Fong — Yea
Gray — Yea
Burke — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Chiu — Yea
Cooley — Yea
Daly — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rodriguez — Yea
Ting — Yea
Gloria — Yea
Chau — Yea
Jones-Sawyer — Yea
Gonzalez Fletcher — Yea
Kiley — Yea
Maienschein — Yea
Rubio — Yea
Salas — Yea
Mayes — Yea
Melendez — Yea
Baker — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Quirk — Yea
Santiago — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2902 E.S. & T.M. (Quirk) By Gaines

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Bradford — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Yea
Wieckowski — Yea
Galgiani — Yea
Fuller — Yea
Glazer — Yea
Hernandez — Yea
Cannella — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
Chang — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Lara — Yea
Bates — Yea
Delgado — Yea
Dodd — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2902 E.S. & T.M. Consent Calendar Second Day

Passed 68 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 48008
Democratic 14001
Republican 6000
Total 68009
% of votes cast 88%0%0%12%
How each member voted (77)
Member Party Vote
Acosta — Yea
Bloom — Not Voting
Brough — Yea
Holden — Yea
Jones-Sawyer — Not Voting
Mathis — Yea
Melendez — Yea
Mullin — Not Voting
Rendon — Yea
Steinorth — Not Voting
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Burke — Yea
Frazier — Yea
Gloria — Yea
Harper — Yea
Rubio — Yea
Maienschein — Yea
Salas — Yea
Mayes — Yea
Fong — Yea
Chau — Yea
Medina — Yea
O'Donnell — Yea
Obernolte — Yea
Baker — Yea
Bigelow — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Gonzalez Fletcher — Yea
Gray — Not Voting
Cooley — Yea
Kiley — Yea
Levine — Yea
Low — Not Voting
McCarty — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Not Voting
Ting — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Democratic 3000
Republican 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Not Voting
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Nazarian — Not Voting
Obernolte — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2902 do?
(1) The Aboveground Petroleum Storage Act generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act defines 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 or is a tank in an underground area, as defined, except for certain types of tanks and vessels. A tank containing hazardous waste or extremely hazardous waste is not regulated pursuant to the act if the Department of Toxic Substances Control has issued a hazardous waste facilities permit for the tank to the person owning or operating the tank. The act defines "tank in an underground area" to mean a storage tank that meets certain specifications and requirements, including that the storage tank is located in a structure that is at least 10% below the ground surface, as specified. This bill would revise the definition of "aboveground storage tank" to include a container that meets those same specifications. The bill would revise the definition of "tank in an underground area" to mean a stationary storage tank that meets those same specifications and requirements, and would make other revisions to that definition. The act provides that a tank facility is subject to the act if the tank facility meets one of 3 descriptions, including if it has a storage capacity of less than 1,320 gallons of petroleum and has one or more tanks in an underground area meeting specified conditions. The act requires the owner or operator of a storage tank at a tank facility subject to the act to prepare a spill prevention control and countermeasure plan and to implement the plan in compliance with a specified federal law. This bill would authorize the owner or operator of a tank in an underground area that meets that description to use the format adopted by the Office of the State Fire Marshal to prepare the spill prevention control and countermeasure plan. The bill would provide that a tank in an underground area that would otherwise be subject to the act because it meets that description is not subject to the act if it holds hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, or other similar devices, if it is a heating oil tank, or if the tank is a sump, separator, clarifier, catch basin, or storm drain. (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. Existing law defines the term "emergency generator tank system" for purposes of these provisions to mean an underground storage tank system that provides power supply in the event of a commercial power failure, stores diesel fuel, and is used solely in connection with an emergency system, legally required standby system, or optional standby system. This bill would expand the term "emergency generator tank system" to additionally include an underground storage tank system that provides power supply in the event of a commercial power failure, stores kerosene, and is used solely in connection with those specified systems. Existing law authorizes a local agency, upon the discovery of a significant violation of any provision regulating the storage of hazardous substances in underground storage tanks that poses an imminent threat to human health or safety or the environment, to affix a red tag, in plain view, to the fill pipe of the noncompliant underground storage tank system to provide notice that delivery of petroleum into the system is prohibited. Existing law authorizes a local agency, upon the discovery of a significant violation of any provision regulating the storage of hazardous substances in underground storage tanks, to issue a notice of significant violation to the owner or operator. This bill would additionally authorize the State Water Resources Control Board, in consultation with a local agency, to affix a red tag and to issue a notice of significant violation pursuant to these provisions. The bill would additionally authorize the board or a local agency to issue a written directive to a noncompliant underground storage tank owner or operator to empty the noncompliant underground storage tank, as specified. The bill would additionally prohibit a person from delivering hazardous substances into, or from inputting into or withdrawing from, an underground storage tank that has a red tag affixed to its fill pipe, except to empty the tank. Existing law prohibits a local agency from issuing or renewing a permit to operate an underground storage tank if the local agency inspects the tank and determines that the tank does not comply with the provision regulating the storage of hazardous substances in underground storage tanks. This bill would instead prohibit a local agency from issuing or renewing a permit to operate an underground storage tank to a person operating an underground storage tank to which a red tag is currently affixed or to a facility that is currently subject to an enforcement action, as specified, unless the underlying violations that are the subject of that enforcement action have been corrected or otherwise resolved, as specified. The bill would authorize a local agency to issue a permit or renew a permit for a facility while that facility is subject to an enforcement action, if the facility is appealing, petitioning, or otherwise seeking reconsideration of the enforcement action. Existing law requires owners or operators of underground storage tanks to furnish, under penalty of perjury, specified information as the local agency, regional water quality control board, or the State Water Resources Control Board may require. This bill would expand the scope of the information that any of those entities may require to be provided and would expand to all persons the obligation to furnish the required information under penalty of perjury. Because this provision would expand the scope of a crime, the bill would impose a state-mandated local program. (3) Existing law requires the immediate report of any release or threatened release of a hazardous material, defined pursuant to the laws regulating the response to the release of hazardous materials, to the unified program agency and to the Office of Emergency Services. This bill would additionally require the immediate report of an actual release of a hazardous substance, defined pursuant to the laws imposing criminal liability for certain deposits of hazardous substances, as specified. To the extent this provision would increase the duties of unified program agencies, the bill would impose a state-mandated local program. (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.
Who sponsors AB 2902?
AB 2902 is sponsored by Committee on Environmental Safety and Toxic Materials.
What is the current status of AB 2902?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 2902?
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