BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          AB 1112 (Huffman)
          
          Hearing Date: 08/15/2011        Amended: 08/15/2011
          Consultant: Brendan McCarthy    Policy Vote: NR&W 6-3, EQ 5-1
          _________________________________________________________________
          ____
          BILL SUMMARY: AB 1112 authorizes the Office of Oil Spill 
          Response and Prevention to raise the maximum fee on imported oil 
          from the current level of $0.0500 per barrel to $0.0650 in 2012 
          and $0.0675 in 2014. The bill requires the Office to monitor 
          certain ship fueling operations. 
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           
          Monitoring fuel transfers                     $3,000    
          $2,000Special *

          Auditing               Up to $100 every four years      Special 
          *

          Potential additional fee          ($3,700)    ($7,400)  
          ($7,400)Special *
             revenues

          * Oil Spill Prevention and Administration Fund.
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          ____

          STAFF COMMENTS: 
          
          Under current law, the Office of Oil Spill Prevention and 
          Response (Office) is responsible for regulating the prevention, 
          response, removal, and cleanup of oil spills in state waters. 
          Under this authority, the Office requires vessel operators to 
          take certain precautions and to undertake specific containment 
          and cleanup actions in response to an oil spill.

          Current law authorizes the Office to impose a fee on imported 
          oil up to $0.0500 per barrel, to pay for the Office's costs to 
          prevent and respond to oil spills in state waters.








          AB 1112 (Huffman)
          Page 1



          AB 1112 requires the Office to develop a risk-based monitoring 
          program for fuel transfers to ships docked or at anchor in state 
          waters. The Office would be required to screen vessels for 
          potential risks during fueling operations and then to monitor 
          high-risk fueling operations.

          The bill authorizes (but does not require) the Office to raise 
          the maximum per-barrel fee to $0.0650 in 2012 and $0.0675 in 
          2014. In addition, the bill authorizes the Office to increase 
          the maximum fee in the future by the rate of inflation.  The 
          bill prohibits the loan of monies in the Oil Spill Prevention 
          and Administration Fund to any other fund.

          The bill requires the Office and the State Lands Commission to 
          contract with the Department of Finance for audits of the 
          program by 2013 and at least every four years thereafter.

          The bill also requires the State Lands Commission to prepare a 
          report on safety issues surrounding offshore oil drilling by 
          March 1, 2012. The bill requires the Commission to address 
          several topics in the report, including preventative measures, 
          response plans, and other issues.

          The Office indicates that the costs to monitor fueling 
          operations will be about $3 million in the first year and about 
          $2 million per year thereafter, including staff costs, travel, 
          and purchasing additional boats for the monitoring of fuel 
          transfers to ships at anchor.

          Staff estimates that the cost to perform programmatic audits 
          could be up to $100,000 every four years.

          The State Lands Commission indicates that staff is already doing 
          research on issues similar to those required by the bill. 
          Therefore, any additional costs to prepare the report can be 
          accommodated within existing resources.

          Based on current levels of imported oil, the authorized increase 
          in the maximum fee level would yield about $7.4 million per year 
          through the 2013-14 budget year and about $8.7 million per year 
          thereafter.










          AB 1112 (Huffman)
          Page 2


          Staff notes that a prior version of the bill required an audit 
          of the Oil Spill Prevention and Administration Fund by the 
          Bureau of State Audits. This provision has been amended out of 
          the bill. However, the author has requested the Joint 
          Legislative Audit Committee approve an audit of the fund.


          AB 234 (Huffman, 2009) authorized the Office to raise the 
          maximum fee by $0.01 per barrel and required the Office and 
          State Lands Commission to perform additional duties relating to 
          fueling operations. That bill was vetoed by Governor 
          Schwarzenegger.