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BACKGROUND As a result of large releases of petroleum products to the environment from aboveground storage tanks, the state passed the Aboveground Petroleum Storage Act (APSA) a number of years ago. The law required the State Water Resources Control Board and the Regional Water Quality Control Boards to implement, administer and enforce this law. Assembly Bill (AB) 1130, vests the Certified Unified Program Agencies (CUPAs) with the responsibility and authority to implement, administer and enforce the Aboveground Petroleum Storage Act (APSA). The Livermore-Pleasanton Fire Department is the CUPA for the cities of Livermore and Pleasanton. The California Environmental Protection Agency Fact Sheet regarding this subject is attached for reference. The state has collected fees for this program for several years, but has not expended all of the monies collected. AB 1130 specifies that a portion of the unexpended funds shall be used to establish a training account for this program. The remainder of the funds shall be given to the CUPAs via grants to fund this program through December 31, 2009. During that time, CUPAs may not charge fees for this program. The grant process includes the completion of a grant application, a local resolution to accept the funds, a signed grant agreement, and invoices documenting the CUPA's expenditures for the APSA program. Completed grant packages are due to the state by June 2, 2008. The Livermore-Pleasanton Fire Department's allocation of funds is $55,472.07. The grant application must be for the exact amount of the grant allocation. The allocation of funds was made to CUPAs, not to the jurisdictions they serve therefore, a single grant is covering both cities of Livermore and Pleasanton. These funds are to be used for those activities needed to implement, administer and enforce the ASPA program between 7/1/2008 and 12/31/2009. These activities will include an assessment of the workload impact of the ASPA program after the initial implementation phase (present to 12/31/2009) is over. Staff anticipates that the workload will drop significantly after this phase. The completed grant application is attached and details the work plan for implementing the ASPA program. Submitted by: Fiscal Review: Approv by: William Cody David P. Culver Nelson Fialho Fire Chief Finance Director City Manager Attachments: 1. Resolution 2. Aboveground Petroleum Storage Act Grant Application 3. CA Environmental Protection Agency Unified Program Fact Sheet Page 2 of 2