AB 626

Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board. Existing law requires underground storage tanks that are used to store hazardous substances and that are installed after January 1, 1984, to meet certain requirements, including that the primary containment be product tight and that the tank’s secondary containment meet specified standards. Existing law provides that single-walled containers do not fulfill the requirement of an underground storage tank (UST) providing both a primary and a secondary containment, except under a specified circumstance. Existing law imposes various monitoring, inspection, replacement, and upgrading requirements on USTs installed on or before January 1, 1984, and used for the storage of hazardous substances. Existing law requires, by December 31, 2025, the owner or operator of a UST to permanently close that UST if the UST meets specified conditions. This bill would exempt an operator from the tank closure requirement, described above, if the operator of a single-walled UST is acting in good faith to comply with the requirement to upgrade to a double-walled UST by September 30, 2025, and the operator meets specified conditions. The bill would require an operator seeking this exemption to submit a written request to the local enforcement agency, before September 30, 2025, and would require the local enforcement agency to review the request and issue a determination within 60 days of receipt. The bill would require the local agency to provide the determination to both the tank operator and the state board. By imposing additional duties on local officers, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.