BILL NUMBER: AB 2441	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lieber
   (Principal coauthor: Assembly Member DeSaulnier)
   (Coauthors: Assembly Members Coto, Hancock, Huffman, Jones, Leno,
Mullin, Nava, Ruskin, Torrico, and Wolk)
   (Coauthor: Senator Maldonado)

                        FEBRUARY 21, 2008

   An act to amend Section 8670.17.2 of the Government Code, relating
to oil spill prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2441, as introduced, Lieber. Oil spill prevention and response:
regulations: tugboat escorts: hazardous materials.
   The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
requires the administrator for oil spill response to adopt
regulations governing tugboat escorts for tank ships and tank barges
entering, leaving, or navigating in the harbors of the state, as
prescribed.
   This bill would additionally require the administrator to adopt
regulations governing tugboat escorts for vessels carrying hazardous
materials that are entering, leaving, or navigating in the harbors of
the state.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 8670.17.2 of the Government Code is amended to
read:
   8670.17.2.  (a) The administrator shall adopt regulations
governing tugboat escorts for tank ships,  and  tank
barges  , and vessels carrying hazardous materials that are
 entering, leaving, or navigating in the harbors of the state.
The regulations shall be adopted, and thereafter periodically
revised, to ensure the best achievable protection of the public
health and safety and the environment.
   (b) The regulations adopted pursuant to subdivision (a) shall
include, but not be limited to, a determination of the circumstances
under which tank ships  and   ,  tank
barges  , and vessels carrying hazardous materials  are
required to be accompanied by a tugboat or tugboats of sufficient
size, horsepower, and pull capability while entering, leaving, or
navigating in the harbors of the state. In making that determination,
the administrator shall be guided by the recommendations of the
harbor safety committees established pursuant to Section 8670.23.
   (c) The administrator may adopt regulations that differ from the
recommendations of the harbor safety committees only after a public
hearing. If the administrator proposes to adopt regulations that
require the use of tugboat escorts in fewer instances in the harbors
of San Francisco, San Pablo, and Suisun Bays than that which is
recommended by the Harbor Safety Committee for San Francisco, San
Pablo, and Suisun Bays, the administrator shall, in a public hearing,
adopt findings, based on substantial evidence, that the proposed
regulations provide adequate protection and are consistent with the
purposes of this chapter.
   (d) A public hearing held in accordance with Section 11346.8 shall
satisfy the public hearing requirement of subdivision (c).
   (e) The Legislature hereby finds and declares that the appropriate
use of tugboat escorts can improve vessel safety, particularly in
the harbors of San Francisco, San Pablo, and Suisun Bays, and that
the regulations concerning tugboat escorts in those harbors shall be
adopted as quickly as practicable and may be adopted before the
adoption of all other regulations required by this section.