SB 381

This bill makes changes involving the Department of Agriculture, Trade and

Consumer Protection's regulation of petroleum products and the storage of

dangerous substances. Under current law, DATCP regulates and promulgates rules

addressing the installation, maintenance, and abandonment of storage tanks that

contain flammable or combustible liquids or federally regulated hazardous

substances. Current law also authorizes DATCP to make inspections and conduct

investigations involving petroleum products.

The bill does the following involving petroleum products and storage of

dangerous substances:

1. Exempts aboveground storage tanks used to contain a liquid that is

flammable or combustible or that is a hazardous substance and that have a capacity

of less than 110 gallons from regulation by DATCP. Current law exempts

aboveground storage tanks that have a capacity of less than 5,000 gallons from

regulation by DATCP.

2. Requires DATCP to maintain an inventory of storage tanks used to contain

certain regulated products. The bill requires the inventory to include every

aboveground storage tank with a capacity of at least 110 gallons and every

underground storage tank with a capacity of at least 60 gallons. The bill defines a

“regulated product” as a liquid that is a substance derived from petroleum, natural

gas, or asphalt deposits or a liquid that is a federally regulated hazardous substance

or regulated by certain other federal regulations. Current law requires DATCP to

maintain an inventory of every aboveground and underground storage tank with a

capacity of at least 60 gallons that is used to contain a petroleum product.

3. Specifies that DATCP may promulgate rules to require the certification or

registration of persons who install, test, or maintain corrosion prevention systems

on storage tanks used to contain flammable or combustible liquids or hazardous

substances. Current law authorizes DATCP to promulgate rules requiring the

certification or registration of persons who install, remove, maintain, clean, or test

storage tanks used to contain flammable or combustible liquids or hazardous

substances.

4. Specifies that DATCP may establish fees by rule for fuel quality inspections

and investigations.

5. Specifies that upon request of DATCP, the Department of Justice or proper

district attorney shall prosecute actions to enforce the storage tank statutes and

rules.

6. Specifies that DATCP may promulgate fire safety rules for the storage and

handling of flammable or combustible liquids or hazardous substances.

7. Authorizes DATCP to contract with persons for services to administer or

implement storage tank requirements.