Bill Text

Bill Information


PDF |Add To My Favorites | print page

AB-282 Underground storage tanks: petroleum: charges.(2013-2014)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB282:v98#DOCUMENT

Amended  IN  Senate  July 02, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 282


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Under the existing Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989, which is repealed on January 1, 2016, every owner of an underground storage tank is required to pay a storage fee for each gallon of petroleum placed in the tank.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   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.