BILL NUMBER: AB 282 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2013
INTRODUCED BY Assembly Members Wieckowski and Mitchell
FEBRUARY 11, 2013
An act to amend Section Sections
25299.43 and 25299.81 of , and to add Section
25299.50.1 to, the Health and Safety Code, relating to
underground storage tanks.
LEGISLATIVE COUNSEL'S DIGEST
AB 282, as amended, Wieckowski. Underground storage tanks:
petroleum: charges.
Under the existing Barry Keene Underground Storage Tank Cleanup
Trust Fund Act of 1989 , which is repealed on January 1,
2016 , every owner of an underground storage tank is
required to pay a storage fee for each gallon of petroleum placed in
the tank. The fees are required to be deposited in the Underground
Storage Tank Cleanup Fund and the State Water Resources Control Board
is authorized to expend the moneys in the fund, upon appropriation
by the Legislature, for various purposes, including the payment of
claims to aid owners and operators of petroleum underground storage
tanks who take corrective action to clean up unauthorized releases
from those tanks, corrective actions undertaken by the board, a
California regional water quality board, or a local agency, the
cleanup and oversight of unauthorized releases at abandoned tank
sites, and grants to small businesses to retrofit certain hazardous
substance underground storage tanks. Existing law repeals the act
on January 1, 2016, but specifies that certain associated rights,
obligations, and authorities that apply prior to the repeal date do
not terminate until the moneys in the fund are exhausted.
Existing law, until January 1, 2014, provides for an increase in
the fee for storage in an underground tank of $0.006 per gallon of
petroleum.
This bill would require payment of the additional $0.006 per
gallon until January 1, 2016 . The bill would extend the repeal
date of the fund until January 1, 2018, and make conforming changes.
The bill would require the board, no later than January 1,
2015, to make specified information relating to the payment of
claims available on its Internet Web site . This bill would
constitute a change in state statute that would result in a taxpayer
paying a higher tax within the meaning of Section 3 of Article XIII A
of the California Constitution, and thus would require for passage
the approval of 2/3 of the membership of each house of the
Legislature.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25299.43 of the Health and Safety Code is
amended to read:
25299.43. (a) To implement the changes to this chapter made by
Chapter 1191 of the Statutes of 1994, and consistent with Section
25299.40, effective January 1, 1995, every owner subject to Section
25299.41 shall pay a storage fee of one mill ($0.001) for each gallon
of petroleum placed in an underground storage tank that the person
owns, in addition to the fee required by Section 25299.41.
(b) On and after January 1, 1996, the storage fee imposed under
subdivision (a) shall be increased by two mills ($0.002) for each
gallon of petroleum placed in an underground storage tank.
(c) On and after January 1, 1997, the storage fee increased under
subdivision (b) shall be increased by an additional three mills
($0.003) for each gallon of petroleum placed in an underground
storage tank.
(d) On and after January 1, 2005, the storage fee increased under
subdivision (c) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
(e) On and after January 1, 2006, the storage fee increased under
subdivision (d) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
(f) On and after January 1, 2010, the storage fee increased under
subdivision (e) shall be increased by an additional six mills
($0.006) for each gallon of petroleum placed in an underground
storage tank. The increase provided for in this subdivision shall be
effective until January 1, 2016, at which time, the fee shall revert
back to the fee pursuant to subdivision (e).
(g) The fee imposed under this section shall be paid to the State
Board of Equalization under Part 26 (commencing with Section 50101)
of Division 2 of the Revenue and Taxation Code in the same manner as,
and consistent with, the fees imposed under Section 24299.41.
(h) The State Board of Equalization shall amend the regulations
adopted under Section 25299.41 to carry out this section.
SEC. 2. Section 25299.50.1 is added to the
Health and Safety Code , to read:
25299.50.1. In addition to the requirement in subdivision (d) of
Section 25299.81, and to the extent permitted by existing laws
protecting the confidentiality of records and the release of personal
information, the board shall, no later than January 1, 2015, also
make the following information available on its Internet Web site:
(a) An update on underground storage tank closures, both by the
board and by local or regional agencies.
(b) The projected number of underground storage tank sites, as
determined by the board and local or regional agencies, that are
ready for closure, but that have not yet been closed.
(c) A review of the local or regional agency underground storage
tank certification process and cases that are no longer under the
board's jurisdiction.
(d) An update on the board's review of cases and related budgets,
which shall include estimates of the board's reasonably budgeted
amounts, and how those amounts might impact the total financial
obligations of the fund.
(e) The status of open and active claims with projections covering
the time period during which all existing claims might be completed.
(f) The total number of claims that have been processed and are
only awaiting reimbursement, with the information segregated by the
class of the claimant.
(g) A five-year itemization of administrative expenses paid out of
moneys in the fund, including payments to local or regional
agencies. To the extent possible, the itemization shall include a
five-year projection of annual payments by the board to local or
regional agencies in connection with administrative expenses.
(h) To the extent possible, a current estimate of the claim
duration in the fund by class and a projection of claim duration in
the fund for the next five years, segregated by class.
SEC. 3. Section 25299.81 of the
Health and Safety Code is amended to read:
25299.81. (a) Except as provided in subdivisions (b) and (c),
this chapter shall remain in effect only until January 1,
2016 2018 , and as of that date is repealed,
unless a later enacted statute, which is enacted before January 1,
2016 2018 , deletes or extends that
date.
(b) Notwithstanding subdivision (a), Article 1 (commencing with
Section 25299.10), Article 2 (commencing with Section 25299.11), and
Article 4 (commencing with Section 25299.36) shall not be repealed
and shall remain in effect on January 1, 2016
2018 .
(c) The repeal of certain portions of this chapter does not
terminate any of the following rights, obligations, or authorities,
or any provision necessary to carry out these rights and obligations:
(1) The filing and payment of claims against the fund, including
the costs specified in subdivisions (c), (e), and (h) of Section
25299.51, claims filed under Section 25299.50.3, and claims for
commingled plumes, as specified in Article 11 (commencing with
Section 25299.90), until the moneys in the fund are exhausted. Upon
exhaustion of the fund, any remaining claims shall be invalid.
(2) The repayment of loans, outstanding as of January 1,
2016 2018 , due and payable to the board.
(3) The recovery of moneys reimbursed to a claimant to which the
claimant is not entitled, or the resolution of any cost recovery
action.
(4) The collection of unpaid fees that are imposed pursuant to
Article 5 (commencing with Section 25299.40), as that article read on
December 31, 2015, or have become due before January 1,
2016 2018 , including any interest or penalties
that accrue before, on, or after January 1, 2016
2018 , associated with those unpaid fees.
(5) (A) The filing of an application for funds from, and the
making of payments from, the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund pursuant to Section
25299.50.2, any action for the recovery of moneys paid pursuant to
Section 25299.50.2 to which the recipient is not entitled, and the
resolution of that cost recovery action.
(B) Upon liquidation of funds in the Underground Storage Tank
Petroleum Contamination Orphan Site Cleanup Fund, the obligation to
make a payment from the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund is terminated.
(6) (A) The payment of loans and grants, consistent with the terms
of agreements that were effective prior to January 1, 2016
2018 , from the Underground Storage Tank Cleanup
Fund, pursuant to this chapter or the Petroleum Underground Storage
Tank Financing Account pursuant to Chapter 6.76 (commencing with
Section 25299.100). Upon exhaustion of the Underground Storage Tank
Cleanup Fund, any remaining claims for payment of grants or loans
shall be invalid.
(B) The amount of money disbursed for grants and loans pursuant to
Chapter 6.76 (commencing with Section 25299.100) shall not exceed
the sum of following:
(i) The amount that reverts to the Underground Storage Tank
Cleanup Fund pursuant to Section 25299.111.
(ii) Amounts recovered through the repayment of loans granted
pursuant to Chapter 6.76 (commencing with Section 25299.100).
(iii) The resolution of any cost recovery action filed prior to
January 1, 2016 2018 , or the
initiation of an action or other collection process to recover
defaulted loan moneys due to the board or to recover money paid to a
grant or loan recipient pursuant to Chapter 6.76 (commencing with
Section 25299.100) to which the recipient is not entitled.
(d) The board shall continuously post and update on its Internet
Web site, but at a minimum, annually on or before September 30,
information that describes the status of the fund and shall make
recommendations, when appropriate, to improve the efficiency of the
program.