California 2021-2022 Regular Session Status: Passed Assembly 1 D cosponsors

AB 753 — Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989: brownfields remediation and redevelopment.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (act) , requires an owner of an underground storage tank, as defined, for which a permit is required by law to pay storage fees for each gallon of petroleum placed in the tank. The act establishes the Underground Storage Tank Cleanup Fund (fund) , and requires the storage fees, among other moneys, to be deposited into the fund. The act authorizes the State Water Resources Control Board to expend the moneys in the fund, upon appropriation by the Legislature, to pay for corrective action in response to an unauthorized release from an underground storage tank and for the cleanup and oversight of unauthorized releases at abandoned tank sites, among other specified purposes. The act requires that certain information be submitted to the state board, and other specified agencies, under penalty of perjury. The act provides for the repeal of certain of its provisions on January 1, 2026, but also provides that certain associated rights, obligations, and authorities that apply before the January 1, 2026, repeal date do not terminate upon repeal of the other provisions of the act. This bill would postpone the repeal of those provisions to January 1, 2036. By extending the operation of those portions of the act, the bill would impose a state-mandated local program by continuing the operation of certain crimes regarding the furnishing of information under penalty of perjury. The bill would also include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (2) The act authorizes eligible owners and operators of underground storage tanks containing petroleum to file claims with the state board for reimbursement from the fund of corrective action costs, as provided, incurred to address releases of petroleum from these tanks. The bill would require, on or before July 1, 2022, the state board to convene a stakeholder group, as provided, for the purpose of conducting a study of the fund and its subaccounts and any changes to their existing eligibility criteria or priority classes that would further the expressed intent of the Legislature that all appropriate resources be directed to actions promoting the development of housing, as provided, for purposes of alleviating the state's housing challenges and furthering attainment of the state's climate change mitigation objectives. The bill would require the study to be conducted in consultation with the state board and to consider the creation of a fund eligibility scoring matrix pursuant to which property and community attributes would be prioritized, evaluated, and scored to allow for the assessment, remediation, and redevelopment of properties in a manner that furthers the Legislature's intent and housing and climate change mitigation objectives. The bill would also require the study to consider, among other items, the potential impact of Executive Order No. N-79-20 on the fund, changes to the eligibility criteria or priority classification of claims so as to prioritize assessment and remediation of both petroleum and nonpetroleum hazardous substances, changes to the eligibility criteria or priority classes of loans and grants to better assist small businesses in upgrading, replacing, or removing project tanks, as defined, and additional funding sources to remediate the harm or threat of harm to human health, safety, and the environment caused by existing or threatened surface or groundwater contamination. The bill would require the state board to include in its recommendations proposed changes to statutes required to implement the findings of the study. The bill would require the stakeholder group, on or before July 1, 2024, to prepare and submit to the state board and the Legislature a report presenting the results of the study. (3) 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. In committee: Held under submission.

  2. In committee: Referred to suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 1693.) (June 28). Re-referred to Com. on APPR.

  4. 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.

  5. Referred to Com. on E.Q.

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

  7. Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 15. Page 1785.)

  8. Read second time. Ordered to third reading.

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

  10. From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 20).

  11. Joint Rule 62(a), file notice suspended. (Page 1460.)

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

  13. Received by the Desk April 30 pursuant to Joint Rule 61(a)(2).

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 29). Re-referred to Com. on APPR.

  15. From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 7. Noes 1.) (April 21). Re-referred to Com. on H. & C.D.

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

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

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

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

  20. Referred to Coms. on E.S. & T.M. and H. & C.D.

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

  22. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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.

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Votes

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Not Voting
Kamlager — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 753 Grayson Assembly Third Reading

Passed 61 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 26200
Unaffiliated 35600
Republican 0703
Total 611503
% of votes cast 77%19%0%4%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Waldron — Nay
Cunningham — Nay
Kiley — Nay
Bigelow — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 5100
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Housing and Community Development]

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 4001
Republican 0100
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)
Member Party Vote
Mathis — Yea
Bloom — Yea
Quirk — Yea
Smith — Not Voting
Cristina Garcia — Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Muratsuchi, Al Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

Subjects

housing environment
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Frequently asked questions

What does AB 753 do?
(1) Existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (act) , requires an owner of an underground storage tank, as defined, for which a permit is required by law to pay storage fees for each gallon of petroleum placed in the tank. The act establishes the Underground Storage Tank Cleanup Fund (fund) , and requires the storage fees, among other moneys, to be deposited into the fund. The act authorizes the State Water Resources Control Board to expend the moneys in the fund, upon appropriation by the Legislature, to pay for corrective action in response to an unauthorized release from an underground storage tank and for the cleanup and oversight of unauthorized releases at abandoned tank sites, among other specified purposes. The act requires that certain information be submitted to the state board, and other specified agencies, under penalty of perjury. The act provides for the repeal of certain of its provisions on January 1, 2026, but also provides that certain associated rights, obligations, and authorities that apply before the January 1, 2026, repeal date do not terminate upon repeal of the other provisions of the act. This bill would postpone the repeal of those provisions to January 1, 2036. By extending the operation of those portions of the act, the bill would impose a state-mandated local program by continuing the operation of certain crimes regarding the furnishing of information under penalty of perjury. The bill would also include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (2) The act authorizes eligible owners and operators of underground storage tanks containing petroleum to file claims with the state board for reimbursement from the fund of corrective action costs, as provided, incurred to address releases of petroleum from these tanks. The bill would require, on or before July 1, 2022, the state board to convene a stakeholder group, as provided, for the purpose of conducting a study of the fund and its subaccounts and any changes to their existing eligibility criteria or priority classes that would further the expressed intent of the Legislature that all appropriate resources be directed to actions promoting the development of housing, as provided, for purposes of alleviating the state's housing challenges and furthering attainment of the state's climate change mitigation objectives. The bill would require the study to be conducted in consultation with the state board and to consider the creation of a fund eligibility scoring matrix pursuant to which property and community attributes would be prioritized, evaluated, and scored to allow for the assessment, remediation, and redevelopment of properties in a manner that furthers the Legislature's intent and housing and climate change mitigation objectives. The bill would also require the study to consider, among other items, the potential impact of Executive Order No. N-79-20 on the fund, changes to the eligibility criteria or priority classification of claims so as to prioritize assessment and remediation of both petroleum and nonpetroleum hazardous substances, changes to the eligibility criteria or priority classes of loans and grants to better assist small businesses in upgrading, replacing, or removing project tanks, as defined, and additional funding sources to remediate the harm or threat of harm to human health, safety, and the environment caused by existing or threatened surface or groundwater contamination. The bill would require the state board to include in its recommendations proposed changes to statutes required to implement the findings of the study. The bill would require the stakeholder group, on or before July 1, 2024, to prepare and submit to the state board and the Legislature a report presenting the results of the study. (3) 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 753?
AB 753 is sponsored by Grayson, Timothy S. (Democratic).
What is the current status of AB 753?
This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 753?
Track AB 753 free on One Click Politics — get push/email alerts when it moves.

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