BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 388
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          ASSEMBLY THIRD READING
          AB 388 (Strom Martin)
          As Amended May 31, 2001
          Majority vote 

           NATURAL RESOURCES   7-2         APPROPRIATIONS      15-6        
           
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          |Ayes:|Wayne, Jackson, Keeley,   |Ayes:|Migden, Alquist, Aroner,  |
          |     |Lowenthal, Negrete        |     |Cedillo, Corbett, Correa, |
          |     |McLeod, Migden, Pavley    |     |Goldberg, Maldonado,      |
          |     |                          |     |Papan, Pavley, Simitian,  |
          |     |                          |     |Thomson, Wesson, Wiggins, |
          |     |                          |     |Wright                    |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Hollingsworth, Wyman      |Nays:|Bates, Ashburn, Daucher,  |
          |     |                          |     |Robert Pacheco, Runner,   |
          |     |                          |     |Zettel                    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Annually appropriates $125,000 for expenditure to the  
          Office of Oil Spill Prevention and Response (OSPR) to develop  
          and conduct training of staff and other personnel to respond to  
          toxic spills requiring the rescue of wildlife.  Appropriates  
          $135,000 to OSPR for allocation to the nonprofit, Marine Mammal  
          Center (Center), for research into the effects of toxic  
          substances on marine mammals. 

           FISCAL EFFECT  :  Minimum costs for this bill will likely be  
          $260,000 during the first year, then $125,000 per each year  
          thereafter.

           COMMENTS  :  The Legislature enacted the Oil Spill Prevention and  
          Response Act (OSPRA) in response to the Exxon Valdez oil spill  
          in Alaska, as an effort to create incentives and programs for  
          the oil industry to improve safety (Government Code Section  
          8670, et seq.).  OSPRA contains several components, including,  
          but not limited to, the implementation, installation and  
          maintenance of emergency programs, equipment, facilities to  
          respond to, contain and clean up oil spills, and to ensure that  
          those operations will be carried out as intended.

          This bill annually appropriates $125,000 from the Oil Spill  
          Prevention and Administration (OSPA) Fund to OSPR to develop and  








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          conduct training of staff to respond to toxic spills that  
          require the rescue of wildlife.  It also makes a one-time  
          $135,000 appropriation from the OSPA Fund to OSPR for allocation  
          to the Center for research into the effects of toxic substances  
          on marine mammals.  The Center endeavors to research the health  
          of marine mammals, their interactions with humans, and the role  
          of toxic agents on the health of marine mammals and the State's  
          coastal and ocean environments.  This work costs $135,000, which  
          represents 10% of the Center's Veterinary Science Budget.

          According to the author's office, existing law does not provide  
          adequate funding for programs devoted to wildlife rescue in the  
          event of toxic spills, nor for training the Department of Fish  
          and Game (DFG) staff to perform rescues in response to toxic  
          spills.  Instead, existing law provides only limited authority  
          for the DFG to respond to inland spills.   
           
          According to the author's office, the incidents of unexplained  
          marine mammal deaths have increased significantly in recent  
          years.  For example, gray whales stranded along the California  
          coast rose from the annual average of 20-50 gray whales to over  
          280 in 2000 with no clear explanation.  (Zagzebski, K., Gray  
          whale health investigation,  Release  , Vol. 20, No. 3:  Winter  
          2000).  The Center found carcinomas (cancerous ulcers) in  
          approximately 20% of the recovered sea lions with inconclusive  
          date to identify a specific cause.  (Spong, S., Cancer in  
          California sea lions,  Release  , Vol. 21, No. 1:  Spring 2001).   
          Similar data shortages exist in regard to the incidence of  
          congenital defects and skin diseases in Northern elephant seals,  
          parasitic infections in sea otters, and algal bloom poisoning of  
          sea lions.  (Gulland, F., M.D., 1999, Stranded seals:  Important  
          sentinels,  Journal of the American Veterinary Medical  
          Association  , 214(8):1191-1192; Spong, S., Harmful algal blooms:   
          On the rise?,  Release  , Vol. 20, No. 3L:  Winter 2000).

          The Center's Marine Mammal Science and Research Program brings  
          together veterinary clinicians and pathologists, rehabilitation  
          specialists, wildlife biologists and research scientists to  
          address the health and survival of marine mammals and to  
          investigate human and other stresses on the marine ecosystem,  
          particularly the effect of toxins.  The Center collaborates with  
          over 30 organizations to study and to protect marine mammals and  
          the State's water and coastlines.  The Center's rescue range  
          extends over 600 miles of the state's coastline.  According to  
          the author's office, the Center has the capability to gather and  








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          study information from these marine mammals in order to develop  
          a body of meaningful information about the effects of toxins on  
          marine mammals.
           

          Analysis Prepared by  :  Aristotle Evia / NAT. RES. / (916)  
          319-2092 


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