BILL NUMBER: AB 752	CHAPTERED  08/30/05

	CHAPTER  147
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2005
	APPROVED BY GOVERNOR  AUGUST 30, 2005
	PASSED THE SENATE  AUGUST 15, 2005
	PASSED THE ASSEMBLY  APRIL 28, 2005

INTRODUCED BY   Assembly Member Karnette

                        FEBRUARY 18, 2005

   An act to amend and repeal Section 8670.37.58 of the Government
Code, relating to oil spills.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 752, Karnette  Oil spill contingency planning: financial
responsibility.
   Existing law establishes in state government the office of
administrator for oil spill response and requires the administrator
to adopt and implement regulations and guidelines governing the
adequacy of oil spill contingency plans.
   Under existing law, a nontank vessel, as defined, that is required
to have a contingency plan may not enter marine waters of the state
unless the nontank vessel owner or operator has provided to the
administrator evidence of financial responsibility that demonstrates,
to the administrator's satisfaction, the ability to pay at least
$300,000,000 to cover damages caused by a spill, and the owner or
operator of the nontank vessel has obtained a certificate of
financial responsibility from the administrator for the nontank
vessel. However, until January 1, 2006, the administrator is
authorized to establish a lower standard of financial responsibility
for specified nontank vessels.
   This bill would extend indefinitely the authority of the
administrator to establish a lower standard of financial
responsibility for the specified nontank vessels.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8670.37.58 of the Government Code, as amended
by Section 1 of Chapter 514 of the Statutes of 2002, is amended to
read:
   8670.37.58.  (a) A nontank vessel required to have a contingency
plan pursuant to this chapter shall not enter marine waters of the
state unless the nontank vessel owner or operator has provided to the
administrator evidence of financial responsibility that
demonstrates, to the administrator's satisfaction, the ability to pay
at least three hundred million dollars ($300,000,000) to cover
damages caused by a spill, and the owner or operator of the nontank
vessel has obtained a certificate of financial responsibility from
the administrator for the nontank vessel.
   (b) Notwithstanding subdivision (a), the administrator may
establish a lower standard of financial responsibility for a nontank
vessel that has a carrying capacity of 6,500 barrels of oil or less,
or for a nontank vessel that is owned and operated by California or a
federal agency and has a carrying capacity of 7,500 barrels of oil
or less. The standard shall be based upon the quantity of oil that
can be carried by the nontank vessel and the risk of an oil spill
into marine waters. The administrator shall not set a standard that
is less than the expected cleanup costs and damages from an oil spill
into marine waters.
   (c) The administrator may adopt regulations to implement this
section.
  SEC. 2.  Section 8670.37.58 of the Government Code, as amended by
Section 2 of Chapter 514 of the Statutes of 2002, is repealed.