BILL ANALYSIS Ó
AB 2005
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2005 (Garrick)
As Amended August 6, 2012
2/3 vote. Urgency
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|ASSEMBLY: |70-0 |(May 25, 2012) |SENATE: |36-0 |(August 13, |
| | | | | |2012) |
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Original Committee Reference: NAT. RES.
SUMMARY : Requires, until January 1, 2014, the owner or operator
of a nontank vessel within a specific range of gross tonnage
that is not used for commercial purposes to submit evidence of
financial responsibility, payment of the nontank vessel fee,
graywater information, sewage information, and other vessel
information at least 96 hours prior to the vessel's arrival in
the marine waters of the state, and to submit other required
documents within 14 days after the arrival of the vessel.
The Senate amendments:
1)Add the requirement that the owner or operator of a nontank
vessel provide any other information required by the Office of
Spill Prevention and Response (OSPR) at least 96 hours prior
to the vessel's arrival in the marine waters of the state.
2)Add the requirement that the owner or operator of a nontank
vessel provide both OSPR and the State Water Resources Control
Board the following information at least 96 hours prior to the
vessel's arrival in the marine waters of the state:
a) Graywater information, including the vessel's ability to
store graywater while in marine waters of the state, and
size and capacity of any graywater holding tanks, as
measured in metric tons.
b) Sewage information, including the vessel's ability to
store sewage while in marine waters of the state, and size
and capacity of any sewage holding tanks, as measured in
metric tons.
3)Prohibit the following vessels from utilizing the provision in
the bill:
AB 2005
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a) A vessel with insufficient graywater and sewage holding
capacity to store graywater and sewage while the vessel is
in marine waters of the state.
b) A vessel for which a contingency plan has previously
been denied or revoked.
4)Shorten the January 1, 2015, sunset date for the bill to
January 1, 2014.
EXISTING LAW , pursuant to the Lempert-Keene-Seastrand Oil Spill
Prevention and
Response Act (Oil Spill Act):
1)Establishes OSPR within the Department of Fish and Game and
requires it to direct prevention, removal, abatement,
response, containment, and cleanup efforts with regard to all
aspects of an oil spill in the marine waters of the state.
2)Establishes the Oil Spill Prevention and Administration Fund
(OSPAF), which finances the state's oil spill prevention and
planning programs. The OSPAF is supported in part by a fee on
nontank vessels in the amount that is based on OSPR's costs in
implementing the Oil Spill Act relating to nontank vessels.
3)Defines "nontank vessel" as a vessel of 300 gross tons or
greater that carries oil, but does not carry that oil as
cargo.
4)Requires an owner or operator of a nontank vessel, before
operating in the marine waters of the state, to prepare and
implement an oil spill contingency plan that has been
submitted to, and approved by, OSPR. An oil spill contingency
plan shall: a) ensure the undertaking of prompt and adequate
response and removal action in case of an oil spill, b) be
consistent with the California oil spill contingency plan, and
c) not conflict with the National Oil and Hazardous Substances
Pollution Contingency Plan.
5)Requires each oil spill contingency plan to be submitted to
OSPR at least seven days prior to a nontank vessel entering
the marine waters of the state. OSPR shall review each
submitted contingency plan to determine whether it complies
with OSPR's rules, policies, and regulations. Each
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contingency plan submitted shall be approved or disapproved
within 180 days after receipt by the OSPR.
6)Prohibits a nontank vessel required to 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 million to cover damages caused by a spill, and the owner
or operator has obtained a certificate of financial
responsibility from OSPR. An application for certificate of
financial responsibility is reviewed by OSPR within 21
calendar days of receipt.
7)Authorizes OSPR to 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. OSPR shall not set a standard
that is less than the expected cleanup costs and damages from
an oil spill into marine waters.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required an operator of a nontank vessel that is not used for
commercial purposes and that weighs 300 gross tons or greater,
but less than 400 gross tons, to submit to OSPR at least 96
hours prior to the arrival in the waters of the state all of
the following:
a) Evidence of the required financial responsibility;
b) Payment of the required nontank vessel fee; and,
c) The vessel's particulars, such as the size and
dimensions of the vessel.
2)Required the operator of a nontank vessel that is not used for
commercial purposes to submit other documents required by the
Oil Spill Act within 14 days after the arrival of the vessel.
3)Sunsetted on January 1, 2015.
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The author asserts that the laws and regulations
requiring a non-tank vessel to submit an oil spill contingency
plan and certificate of financial responsibility to OSPR several
days prior to entering California have deterred large
non-commercial yachts from visiting the state. OSPR requires
these documents be submitted in advance to allow time for
processing. The author anticipates that these laws will create
major problems for the fleet of recreational yachts that are
expected to come to California for the America's Cup, which is
an international sailing competition and the world's
third-largest sporting competition after the Olympics and
soccer's World Cup. San Francisco, as the host of the America's
Cup, will hold various race events from 2012 to 2013.
In an attempt to address these anticipated problems while trying
to comply with the intent of the Oil Spill Act, this bill will
allow large non-commercial yachts to submit required documents
at a time that is more accommodating to vessel owners and
operators and that theoretically allows for adequate regulatory
review. Since the America's Cup ends in 2013, this bill sunsets
on January 1, 2014.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0004758