AB 1115: Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989: brownfields remediation and redevelopment.

(1)Existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (act), requires an owner of an underground storage tank, as defined, for which a permit is required by law to pay storage fees for each gallon of petroleum placed in the tank. The act establishes the Underground Storage Tank Cleanup Fund (fund), and requires the storage fees, among other moneys, to be deposited into the fund. The act authorizes the State Water Resources Control Board to expend the moneys in the fund, upon appropriation by the Legislature, to pay for corrective action in response to an unauthorized release from an underground storage tank and for the cleanup and oversight of unauthorized releases at abandoned tank sites, among other specified purposes. The act requires that certain information be submitted to the state board, and other specified agencies, under penalty of perjury. The act provides for the repeal of certain of its provisions on January 1, 2026, but also provides that certain associated rights, obligations, and authorities that apply before the January 1, 2026, repeal date do not terminate upon repeal of the other provisions of the act.

This bill would postpone the repeal of those provisions to January 1, 2036. By extending the operation of those portions of the act, the bill would impose a state-mandated local program by continuing the operation of certain crimes regarding the furnishing of information under penalty of perjury. The bill would also include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of ²/₃ of the membership of each house of the Legislature.

(2)Until January 1, 2026, the act requires the State Water Resources Control Board to continually post and update on its internet website, as specified, information that describes the status of the fund and make certain recommendations.

This bill would make this provision operate indefinitely.

(3)Existing law authorizes the board to pay claims from the fund of up to $1,000,000 per occurrence, as defined, to aid owners and operators of petroleum underground storage tanks who take corrective action to clean up unauthorized releases from those tanks and to reimburse costs related to the compensation of third parties for bodily injury and property damages, as specified. Existing law prohibits any person from owning or operating an underground storage tank unless a permit has been issued to the owner or operator of the tank. Existing law requires the board to make specified findings before paying a claim, including that the claimant has complied with the permit requirements and requires the claimant to demonstrate that compliance by submitting copies of the required permits or other documentation that demonstrate compliance to the boards satisfaction.

This bill would authorize a claimant, who no longer has a copies of the required permits, to demonstrate compliance by certifying that the required permits had been obtained and by providing other relevant documents, including, but not limited to, approved permit applications, payment records for permit fees, and inspection reports. The bill would require the board to consider all available documents when determining compliance, including documents available from the applicable local agency.

(4)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.