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

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

This bill would require, no later than December 31, 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. no later than 6 months following the submission of the draft report, to review the draft report, in consultation with the applicable regional water quality control board, for completeness and reasonableness and to make a determination as to whether the draft report complies with the requirements imposed by the bill. The bill would require a refiner, if the refiner believes that the draft report contains a trade secret, to assert a claim upon submission of the report and would require the board to provide the refiner with a decision within 30 days following the receipt of the claim, as provided. The bill would require the board, if it determines that the draft report complies with the bills requirements, to make the draft report, including an addendum, as necessary, describing the basis of any trade secrets redacted in the draft report, available on the boards internet website for public comments for not less than 45 days. The bill would authorize the board to require further revisions to the draft report after the public comment period, as provided, before it is deemed final. The bill would require the board to promptly make the final report that includes an addendum, as necessary, describing the basis of any trade secret redacted publicly available on its internet website.

This 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, 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 December 31, 2027, the board to develop default technology-based guidelines for estimation an overview of the methods, costs, and timelines associated with soil and groundwater remediation at refinery sites. that have been employed at refineries that have undergone decommissioning and remediation and to update the overview, as provided.

This bill would require the board, 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.