BILL ANALYSIS Ó
AB 2005
Page 1
Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2005 (Garrick) - As Amended: May 1, 2012
Policy Committee: Natural
ResourcesVote:8-0
Urgency: Yes State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires a nontank, noncommercial vessel weighing
between 300 gross tons and 400 gross tons to submit the
following to the Office of Oil Spill Prevention and Response
(OSPR), at least 96 hours before arriving in California waters:
Evidence of financial responsibility to respond to an oil
spill.
Payment of the nontank vessel oil spill prevention fee.
The vessel's particulars, such as the size and dimensions of
the vessel.
The bill also requires the operator of such a nontank vessel to
submit other required documents to OSPR within 14 days after the
arrival of the vessel. The bill sunsets its provisions as of
January 1, 2015.
FISCAL EFFECT
Minor, absorbable costs to OSRP.
COMMENTS
1)Rationale . The author contends existing nontank vessel
regulatory requirements will interfere with the arrival of
yachts in California waters in anticipation of the America's
Cup event in the San Francisco Bay in 2012 and 2013. The
author argues that many of these vessels will seek servicing
at California facilities if they can enter state waters more
AB 2005
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easily.
2)Background. Statute charges OSPR, which operates in DFG, with
providing the best achievable protection of the state's
natural resources by preventing, preparing for and responding
to spills of "oil and other deleterious materials." OSPR is
funded by revenue generated by two fees: one fee on each
barrel of crude oil or petroleum delivered to a marine
terminal in the state and another fee on each nontank vessel
collected when the vessel owner or operator submits an
application for a certificate of responsibility to OSPR every
other year. Statute defines a nontank vessel as one weighing
300 gross tons or more that carries oil, but not as cargo.
OSPAF monies are eligible for oil spill prevention activities
and are not available for response to an oil spill.
Nontank vessel operators must meet several regulatory
requirements before operating in state waters. An owner or
operator of a nontank vessel, before operating in the marine
waters of the state, must prepare and implement an oil spill
contingency plan that has been submitted to, and approved by,
OSPR. A nontank vessel must have a contingency plan to enter
marine waters of the state unless the nontank vessel owner or
operator has provided evidence to OSPR of financial
responsibility that demonstrates the ability to pay at least
$300,000,000 to cover damages caused by a spill, and the owner
or operator has obtained a certificate of financial
responsibility from OSPR.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081