Bill Text: CA AB2902 | 2017-2018 | Regular Session | Amended
Bill Title: Hazardous substances.
Spectrum: Committee Bill
Status: (Passed) 2018-09-23 - Chaptered by Secretary of State - Chapter 721, Statutes of 2018. [AB2902 Detail]
Download: California-2017-AB2902-Amended.html
Amended
IN
Senate
May 25, 2018 |
Amended
IN
Assembly
March 21, 2018 |
Assembly Bill | No. 2902 |
Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Quirk (Chair), |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
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 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 laws regulating the storage of hazardous substances in underground storage tanks.
This bill would revise the prohibition on issuing or
renewing permits to instead prohibit a local agency from issuing a permit to operate an underground storage tank to, or renewing such a permit of, a person operating an underground storage tank to which a red tag is currently affixed.
(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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 25270.2 of the Health and Safety Code is amended to read:25270.2.
For purposes of this chapter, the following definitions apply:SEC. 2.
Section 25270.3 of the Health and Safety Code is amended to read:25270.3.
A tank facility is subject to this chapter if any of the following apply:SEC. 3.
Section 25270.4 of the Health and Safety Code is amended to read:25270.4.
This chapter shall be implemented by the unified program agency, in accordance with the regulations adopted by the office pursuant to Section 25270.4.1.SEC. 4.
Section 25270.4.5 of the Health and Safety Code is amended to read:25270.4.5.
(a) Except as provided in subdivision (b), the owner or operator of a storage tank at a tank facility subject to this chapter shall prepare a spill prevention control and countermeasure plan applying good engineering practices to prevent petroleum releases using the same format required by Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations, including owners and operators of tank facilities not subject to the general provisions in Section 112.1 of those regulations. An owner or operator specified in this subdivision shall conduct periodic inspections of the storage tank to ensure compliance with Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. In implementing the spill prevention control and countermeasure plan, an owner or operator specified in this subdivision shall fully comply with the latest version of the regulations contained in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.SEC. 5.
Section 25281.5 of the Health and Safety Code is amended to read:25281.5.
(a) Notwithstanding subdivision (m) of Section 25281, for purposes of this chapter, “pipe” means all parts of any pipeline or system of pipelines, used in connection with the storage of hazardous substances, including, but not limited to, valves and other appurtenances connected to the pipe, pumping units, fabricated assemblies associated with pumping units, and metering and delivery stations and fabricated assemblies therein, but does not include any of the following:(a)Except as provided in Section 25285.1, a permit to operate issued by the local agency pursuant to Section 25284 shall be effective for five years. This subdivision does not apply to unified program facility permits.
(b) A local agency shall not issue a permit to operate an underground storage tank to, or renew such a permit of, a person operating an underground storage tank while a red tag is affixed in accordance with Section 25292.3.
(c) Except as provided in Section 25404.5, a local agency shall not issue or renew a permit to operate an underground storage tank to any
person who has not paid the fee and surcharge required by Section 25287.
SEC. 6.
Section 25299.78 of the Health and Safety Code is amended to read:25299.78.
(a) To carry out the purposes of this chapter, any authorized representative of the local agency, regional board, or board shall have the authority specified in Section 25185, with respect to any place where underground storage tanks are located, and in Section 25185.5, with respect to any real property which is within 2,000 feet of any place where underground storage tanks are located.SEC. 7.
Section 25510 of the Health and Safety Code is amended to read:25510.
(a) Except as provided in subdivision (b), the handler or an employee, authorized representative, agent, or designee of a handler, shall, upon discovery, immediately report any release or threatened release of a hazardous material, or an actual release of a hazardous substance, as defined in Section 374.8 of the Penal Code, to the UPA, and to the office, in accordance with the regulations adopted pursuant to this section. The handler or an employee, authorized representative, agent, or designee of the handler shall provide all state, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler’s facilities.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.