AB 358

Bill Subjects

Abstract

(1) Existing law generally regulates the storage of hazardous substances in underground storage tanks, including requiring underground storage tanks that are used to store hazardous substances to meet certain requirements. Existing law requires tank owners and operators to report unauthorized releases to local agencies, which includes specified information, and requires the State Water Resources Control Board to continuously post and update on its Internet Web site reports of information concerning unauthorized releases. This bill would instead require the owner or operator to transmit certain information regarding an unauthorized release to the local agency on a written form or using an electronic format developed by the board and approved by the Secretary for Environmental Protection. The bill would require additional information to be provided to the local agency. The bill would also instead require each regional board and local agency to submit a report to the board for all unauthorized releases using the board's Internet-accessible database, thereby imposing a state-mandated local program by imposing new duties upon local agencies. The bill would require the board to annually post and update on its Internet Web site the information in those reports concerning unauthorized releases. The bill would authorize the board to adopt regulations to specify reporting requirements to implement these provisions, including electronic submission requirements for these reports. The bill would require the regulations to be adopted as emergency regulations and would exempt the adoption of these regulations from certain requirements regarding review by the Office of Administrative Law. (2) Existing law requires a uniform closure letter to be issued to the owner, operator, or other responsible party taking corrective action at an underground storage tank site by the local agency or the regional board with jurisdiction over the site, or the State Water Resources Control Board, upon a finding that the underground storage tank site is in compliance with specified requirements and with any corrective action regulations adopted by the board and that no further corrective action is required at the site. This bill would require that closure letters issued pursuant to the above-described provisions on or after January 1, 2012, include language notifying the owner, operator, or other responsible party of the filing deadline for claims for reimbursement of corrective action costs that are received by the board more than 365 days after the date of issuance of a closure letter or after the issuance or activation of a letter of commitment, whichever occurs later. (3) Existing law authorizes the State Water Resources Control Board to close a tank case if that tank case is under the jurisdiction of a regional board or a local agency implementing a local oversight program and the board determines that the corrective action at the site complies with specified requirements. Existing law allows the board to recommend that a local agency close that tank case if the tank case is at a site of a local agency that is not implementing the local oversight program. Existing law also authorizes the manager of the Underground Storage Tank Cleanup Fund, with the approval of the tank owner or operator, to make a recommendation to the board for closure of any tank case. This bill would instead authorize the board to require closure of any underground storage tank case where an unauthorized release has occurred and the board makes that determination. The bill would delete the board's authority to recommend closure to a local agency that is not implementing the local oversight program. The board would be required, before closing or requiring closure of an underground storage tank case, to provide an opportunity for reviewing and providing responses to the petition or the manager's recommendation to the applicable regional board, local agency, specified water district, or special act district with groundwater management authority. This bill would, upon the manager of the fund recommending case closure, to limit reimbursement of subsequently incurred corrective action costs to $10,000 per year, except as specified. (4) Existing law allows a person required to perform corrective action pursuant to a specified provision to apply to the State Water Resources Control Board for payment of a claim for specified portions of the costs of the corrective action and third-party damages. This bill would additionally authorize a person required to perform corrective action under certain federal laws to apply to the board for payment of a claim. The bill would also require that claims for reimbursement of corrective action costs that are received by the board more than 365 days after the date of issuance of a closure letter or after the issuance or activation of a letter of commitment, whichever occurs later, not be reimbursed unless one of 2 specified conditions apply. The bill would require the board, for cases that have been issued a closure letter prior to January 1, 2012, to notify claimants of the 365-day filing deadline on or before March 31, 2012, or upon issuance of a letter of commitment, whichever occurs later. (5) The bill would declare that it is to take effect immediately as an urgency statute, but the changes made by the bill would only become operative if, and on the date that, AB 291 is chaptered. (6) 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.