California Assembly Bill AB2224 Amended / Bill

 BILL NUMBER: AB 2224AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 25, 2010 INTRODUCED BY Assembly Member Ruskin FEBRUARY 18, 2010 An act to amend Section 25288 of the Health and Safety Code, relating to hazardous substances. LEGISLATIVE COUNSEL'S DIGEST AB 2224, as amended, Ruskin. Hazardous substances: underground storage tanks.  Existing   (1)     Existing  law generally requires a local agency, as defined, to inspect every underground tank system, as defined, that is used for the storage of hazardous substances, at least once every year. After conducting the inspection, the local agency is required to prepare a compliance report detailing the inspection and to send a copy of the report to the permitholder and the owner or operator. Existing law authorizes the local agency, instead of performing the inspection itself, to require the permitholder to employ a special inspector to conduct the annual inspection. Within 60 days of receiving a compliance report or special inspection report, the permitholder is required to file with the local agency a plan to implement all recommendations contained in the compliance report or to demonstrate why those recommendations should not be implemented. This bill would  make technical, nonsubstantive changes to those provisions   require the California Environmental Protection Agency, by June 30, 2011, and in consultation with specified entities, to implement a process by which the local agency may verify annually the accuracy of the tank number issued by the State Board of Equalization, to determine that the tank number is the correct and accurate number for the permitted tank. The bill   would require the local agency, pursuant to that process, to verify annually that the tank number issued by the State Board of Equalization for the permitted tank is correct and accurate, thereby implementing a sta   te-mandated local program .  (2) 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.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25288 of the Health and Safety Code is amended to read: 25288. (a) The local agency shall inspect every underground tank system within its jurisdiction at least once every year. The purpose of the inspection is to determine whether the tank system complies with the applicable requirements of this chapter and the regulations adopted by the board pursuant to Section 25299.3, including the design and construction standards of Section 25290.1, 25290.2, 25291, or 25292, whichever applies, whether the owner or operator has monitored and tested the tank system as required by the permit, and whether the tank system is in a safe operating condition.  (b) (1) On or before June 30, 2011, the California Environmental Protection Agency shall implement a process by which the local agency may verify annually the accuracy of the tank number issued by the State Board of Equalization, to determine that the tank number is the correct and accurate number for the permitted tank. In developing the process, the California Environmental Protection Agency shall consult with the State Board of Equalization, local agencies, regulated parties, and other interested parties.   (2) The local agency, pursuant to the process established under paragraph (1), shall verify annually that the tank number issued by the State Board of Equalization for the permitted tank is correct and accurate.   (b)   (c)  After an inspection conducted pursuant to subdivision (a), the local agency shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permitholder and the owner or operator, if the owner or operator is not the permitholder. A report prepared pursuant to this section shall be consolidated into any other inspection reports required pursuant to Chapter 6.11 (commencing with Section 25404), the requirements listed in subdivision (c) of Section 25404, and the regulations adopted to implement the requirements listed in subdivision (c) of Section 25404.  (c)   (d)  In lieu of the annual local agency inspections, the local agency may require the permitholder to employ a special inspector to conduct the annual inspection. The local agency shall supply the permitholder with a list of at least three special inspectors that are qualified to conduct the inspection. The permitholder shall employ a special inspector from the list provided by the local agency. The special inspector's authority shall be the same as that of the local agency as set forth in subdivision (a).  (d)   (e)  Within 60 days after receiving a compliance report or special inspection report prepared in accordance with subdivision  (b)   (c)  or  (c)   (d)  , respectively, the permitholder shall file with the local agency a plan to implement all recommendations contained in the compliance report or shall demonstrate, to the satisfaction of the local agency, why these recommendations should not be implemented. Any corrective action conducted pursuant to the recommendations in the report shall be taken pursuant to Sections 25296.10 and 25299.36.  SEC. 2.   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.