Assembly Bill(AB) 2059

AB 2059 OVERVIEW

AB 2059 is a new law that was approved on September 13, 2022, and became effective on January 1, 2023. This bill made changes to the California Health and Safety Code (HSC), Chapter 6.95 Hazardous Materials Release Response Plans and Inventory, which deals with plans and inventories for hazardous materials. It changed sections 25500, 25501, and 25507 and added sections 25507.5 and 25508.3.

• Learn more details on AB2059
• Read about CalEPA’s update on AB2059.

WHO SHOULD READ THIS?

This information is important for stores that sell propane as a consumer product. These stores might need to follow new rules depending on how much propane they store on site. It’s important to note that AB2059 applies to more products than just propane.

KEY CHANGES UNDER AB 2059

• Consumer product definition: A consumer product is now something used for personal, family, or household purposes, or that is sold in the same form, concentration, and quantity as a product for these purposes. Products not sold for personal, family, or household use are not considered consumer products. 
• Retail establishment definition: A retail establishment is a business that sells consumer products prepackaged for direct distribution to, and intended for use by, the end user. This can include storage areas or storerooms within the physical confines of the retail establishment.

NEW REPORTING REQUIREMENTS

Under the new regulations, consumer products sold at retail establishments with National Fire Protection Association (NFPA) or Hazardous Materials Identification System (HMIS) ratings of 3 or 4, handled in the following amounts, are now subject to Hazardous Materials Business Plan (HMBP): 

• 1,500 pounds for solids 
• 165 gallons for liquids 
• 600 cubic feet for compressed gases

Compressed gases (including propane) are measured for reporting purposes based on their volume at standard temperature and pressure, not by how they're stored. Even though propane is stored as a liquid and often measured in gallons or pounds, the quantities must be converted to cubic feet to determine if they're reportable (HSC 25507(a)(1)(B)).

Propane sold as a consumer product at a retail facility is no longer completely exempt from HMBP requirements and must be reported if handled in quantities greater than or equal to 600 cubic feet, which is about four or more barbecue-sized (20-lb) cylinders.

If your facility sells propane as a consumer product, you are required to obtain a Unified Program Facility Permit (UPFP) if you store or handle propane in the following quantities:

• Five or more barbecue-sized (15-lb) cylinders 
• Five or more barbecue-sized (17-lb) cylinders 
• Four or more barbecue-sized (20-lb) cylinders

Example:

20-pound propane cylinder
One cylinder = 4.7 gallons
4.7 gallons x 35.65 cubic feet/gallon = 167.55 cubic feet

Please use the charts below to help determine if your facility is subject to a Unified Program Facility Permit:

15-pound propane cylinder

One cylinder = 3.5 gallons  
3.5 gallons x 35.65 cubic feet/gallon = 124.77 cubic feet

17-pound propane cylinder

One cylinder = 4.0 gallons  
4.0 gallons x 35.65 cubic feet/gallon = 142.6 cubic feet

20-pound propane cylinder

One cylinder = 4.7 gallons  
4.7 gallons x 35.65 cubic feet/gallon = 167.55 cubic feet

Be advised that under local ordinance, propane at commercial buildings, restaurants and RV hookup stations that is being used exclusively for heating, cooling, or cooking is exempt from reporting at 1,000 gallons or less. (SDCC 68.1117)