SB 1259: Refineries: decommissioning and remediation: cost estimates.

Under existing law, the State Water Resources Control Board (board) and the California regional water quality control boards prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act.

Existing law requires the State Energy Resources Conservation and Development Commission to submit an assessment to the Governor and the Legislature that, among other things, identifies methods to ensure a reliable supply of affordable and safe transportation fuels in California.

The bill would require, no later than December 31, 2027, 2028, every refiner to submit to the board a draft report setting forth information concerning decommissioning and site remediation for every refinery it owns, operates, or controls, as provided. The bill would require the board, promptly upon receipt of the draft report, to initiate a 45-day public comment period concerning the draft, and would authorize the board, at its discretion, to hold one or more public hearings concerning the draft. Unless the refiner makes a successful claim, as provided, that the report contains a trade secret, as defined, the bill would require the draft report, the boards comments and required changes, and the final report to be promptly made available to the public on the boards internet website.

The bill would require a refiner who gives notice of intent to permanently shut down, shut down to reconfigure, or sell a refinery in a transaction that may result in a refinery shutting down or reconfiguring, as provided, on or before December 31, 2027, to submit the draft report required within 30 days of that announcement. The bill would require a refiner who gives that notice after December 31, 2027, to present an update of its report within 30 days of that announcement. The bill would require a refiner who has given that notice between January 1, 2024, and the effective date of the bill, but who had not fully completed shutdown as of November 1, 2025, to present its report no later than March 31, 2027. to submit a draft report and, under a specified circumstance, an update of its report, as provided. The bill would establish specified timeframes for complying with these requirements. The bill would require, on or before an unspecified date, December 31, 2027, the board to develop default technology-based guidelines for estimation of the methods, costs, and timelines associated with soil and groundwater remediation at refinery sites.

The bill would require the board to provide a copy of each report received pursuant to these provisions to the commission for specified purposes. The bill would require the commission to incorporate the information in its ongoing work to develop a comprehensive transportation fuels transition strategy. The bill would further require the commission, no later than one year after receiving the reports, to publish a report assessing the total decommissioning and remediation liabilities for refineries in the state, as provided.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.