SB 1147: Hazardous materials: aboveground storage tanks.

The Aboveground Petroleum Storage Act, implemented by the unified program agencies, generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act requires the owner or operator of an aboveground storage tank that meets certain specifications to prepare a spill prevention control and countermeasure plan and to implement the plan in compliance with specified federal law. The act requires the unified program agency to inspect each storage tank or a representative sampling of the storage tanks at a single location at least once every 3 years for purposes of determining whether the owner or operator is in compliance with that plan. The act defines an aboveground storage tank as a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground or a tank in an underground area, as defined, except for certain types of tanks and vessels.

This bill would require an aboveground storage tank with a storage capacity of more than 1,100 gallons to be replaced when the storage tank reaches the end of its useful life, as determined by the manufacturers guidelines, and would require an aboveground storage tank with a storage capacity of more than 5,000 gallons purchased before January 1, 2017, to be replaced on or before December 31, 2027. The bill would require an aboveground storage tank of any capacity to be replaced if it presents an immediate risk to public health or safety or the environment. The bill would require a storage tank required to be replaced pursuant to these provisions to be replaced with a storage tank that meets a certain standard. The bill would require an aboveground storage tank purchased on and after January 1, 2017, to meet that same standard. To the extent it would impose additional duties on the unified program agencies, this bill would impose a state-mandated local program.

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.