Alabama House Bill HB390

Alabama 2023 Regular Session

• Introduced: 4/27/23
• Refer: 4/27/23
• Report Pass: 5/3/23
• Engrossed: 5/16/23
• Refer: 5/16/23
• Report Pass: 5/24/23
• Enrolled: 6/6/23
• Passed: 6/6/23

Caption

Relating to environmental covenants; to amend Section 35-19-2, Code of Alabama 1975, to provide that work regarding aboveground storage tanks registered for eligibility under the Alabama Underground and Aboveground Storage Tank Trust Fund does not constitute an environmental response project for environmental covenant purposes.

Impact

If enacted, HB 390 would have significant implications for state environmental law and how it intersects with the management of aboveground storage tanks. By excluding registered tanks from being considered as part of environmental response projects, the bill may streamline regulatory processes related to these tanks, potentially encouraging operators to register and maintain their tanks under the state’s trust fund. This could lead to improved environmental management practices and reduce the regulatory burden on facility operators who may find compliance easier under the revised definitions.

Summary

House Bill 390 aims to amend Section 35-19-2 of the Code of Alabama 1975, specifically addressing the interpretation of environmental covenants in relation to aboveground storage tanks. The bill stipulates that work conducted on aboveground storage tanks that are registered for eligibility under the Alabama Underground and Aboveground Storage Tank Trust Fund does not qualify as an environmental response project. This clarification serves to delineate the responsibilities and requirements for managing these storage tanks under environmental laws, thereby providing more context for compliance and certification processes.

Sentiment

The general sentiment toward HB 390 appears to be neutral to positive, particularly among stakeholders in the commercial sectors managing aboveground storage tanks. Proponents argue that the bill clarifies existing regulations and lightens the load on operators, making compliance easier and more straightforward. However, there is a potential concern from environmental advocacy groups that this bill may diminish oversight regarding the safety and environmental impact of aboveground storage tanks, indicating a gap in sentiments concerning the necessity for robust environmental protections.

Contention

Notable points of contention may arise from the perception that decreasing regulatory requirements for aboveground storage tanks could lead to less rigorous oversight and monitoring. Critics could contend that even with a lowered regulatory framework, the potential risk for environmental harm remains a critical issue. The bill highlights ongoing debates surrounding environmental policy, the balance between business interests and environmental protection, and the role of state agencies like the Alabama Department of Environmental Management in enforcing safety standards.