Agenda

Return

C. 42

To:	Board of Supervisors
From:	Anna Roth, Health Services Director
Date:	June 26, 2018

Contra

Costa

County

Subject:

Support Position on AB 1980 (Quirk) – Change to the Statute of Limitations for the Aboveground Petroleum Storage Act

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 06/26/2018

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Randy Sawyer, 925-335-3210
cc:	Tasha Scott Marcy Wilhelm Randy Sawyer

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: June 26, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

Adopt a "Support" position on Assembly Bill 1980 (Quirk) to change the statute of limitations for the Aboveground Petroleum Storage Act (APSA) from one year to five years.

FISCAL IMPACT:

No impact.

BACKGROUND:

Contra Costa County is the Certified Unified Program Agency (CUPA) for all of Contra Costa County and the requirements of the CUPA are administered by the Health Services Hazardous Materials Program. The CUPA programs include six hazardous material programs, including the Aboveground Petroleum Storage Act (APSA) Program. Businesses that handle petroleum in aboveground storage tanks are subject to the APSA Program.

BACKGROUND: (CONT'D)

Existing law requires that actions for civil penalties or punitive damages under specified provisions relating to the five CUPA programs be commenced within 5 years after the discovery by the agency bringing the action of the facts constituting the grounds for commencing the action. Existing APSA Program law requires that actions for civil penalties or punitive damage under the APSA program be commenced within 1 year.

This bill would include actions relating to aboveground storage of petroleum within the 5-year limitations period.