BILL NUMBER: AB 2764 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Natural Resources (Chesbro (Chair),
Grove (Vice Chair), Garcia, Muratsuchi, Skinner, Stone, and Williams)
MARCH 27, 2014
An act to amend Sections 6306 and 8750 of the Public Resources
Code, relating to state lands.
LEGISLATIVE COUNSEL'S DIGEST
AB 2764, as introduced, Committee on Natural Resources. State
Lands Commission.
(1) Existing law requires that every local trustee of granted
public trust lands, as defined and except as provided, file with the
State Lands Commission, on or before October 1 of each year, a
detailed statement of all revenues and expenditures relating to its
trust lands and trust assets, as prescribed, including obligations
incurred, but not yet paid, covering the fiscal year preceding the
submission of the statement.
This bill instead would require the statement to be filed with the
commission on or before December 31 of each year.
(2) The Lempert-Keene-Seastrand Oil Spill Prevention and Response
Act generally requires the administrator for oil spill response,
acting at the direction of the Governor, to implement activities
relating to oil spill response, including emergency drills and
preparedness, and oil spill containment and cleanup, and to represent
the state in any coordinated response efforts with the federal
government. Existing law imposes various administrative civil and
criminal penalties on a person that violates specified provisions of
the act. The act, for purposes of specified provisions primarily
under the jurisdiction of the State Lands Commission, defines marine
waters to exclude waters in the Sacramento-San Joaquin Rivers and
Delta, as specified.
This bill would no longer exclude from the definition of marine
waters for this purpose the waters in the Sacramento-San Joaquin
Rivers and Delta and would further revise the definition of marine
waters to include waterways used for waterborne commercial vessel
traffic to the Port of Sacramento and the Port of Stockton. By
expanding the scope of crimes within the act, this bill would impose
a state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6306 of the Public Resources Code is amended to
read:
6306. (a) For purposes of this division, "local trustee of
granted public trust lands" means a county, city, or district,
including a water, sanitary, regional park, port, or harbor district,
or any other local, political, or corporate subdivision that has
been granted, conveyed, or transferred by statute, public trust
lands, including tidelands, submerged lands, or the beds of navigable
waters, through a legislative grant. A local trustee of granted
public trust lands is a trustee of state lands.
(b) Notwithstanding any other law, every local trustee of granted
public trust lands shall establish and maintain accounting
procedures, in accordance with generally accepted accounting
principles, providing accurate records of all revenues received from
the trust lands and trust assets and of all expenditures of those
revenues. If a trust grantee has several trust grants of adjacent
lands and operates the granted lands as a single integrated entity,
separation of accounting records for each trust grant is not
required.
(c) All revenues received from trust lands and trust assets
administered or collected by a local trustee of granted public trust
lands shall be expended only for those uses and purposes consistent
with the public trust for commerce, navigation, and fisheries, and
the applicable statutory grant.
(d) All funds received or generated from trust lands or trust
assets shall be segregated in separate accounts from nontrust
received or generated funds.
(e) (1) Unless otherwise prescribed by an applicable statutory
grant, on or before October 1 December 31
of each year, each local trustee of granted public trust lands
shall file with the commission a detailed statement of all revenues
and expenditures relating to its trust lands and trust assets,
including obligations incurred but not yet paid, covering the fiscal
year preceding submission of the statement.
(2) The statement shall be prepared in accordance with generally
accepted accounting principles and may take the form of an annual
audit prepared by or for the local trustee of granted public trust
lands.
(3) (A) The detailed statement shall be submitted along with a
standardized reporting form developed by the commission.
(B) The commission shall use an existing reporting form previously
developed for purposes of this paragraph, if a finding is made by
the commission that it is generally responsive to the needs of the
commission as prescribed in this section. Alternatively, the
commission may develop a reporting form that requires a local trustee
of granted public lands to report on all of the following:
(i) A summary of all funds received or generated from trust lands
or trust assets.
(ii) A summary of all spending of funds received or generated from
trust lands or trust assets.
(iii) Any other disposition of funds received or generated from
trust lands or trust assets or of the trust lands or trust assets
themselves.
(iv) A description of the manner in which the statement required
by this subdivision and accompanying the reporting form is organized.
(v) Any other information that the commission deems to be included
in an accounting of granted public trust lands.
(C) The adoption of the form by the commission pursuant to this
subdivision is the prescription of a form for purposes of subdivision
(c) of Section 11340.9 of the Government Code.
(4) All forms and supporting statements submitted pursuant to this
section shall be public records and be made available on the
commission's Internet Web site.
(f) (1) The costs that may be incurred by a local trustee of
granted public trust lands that result from any new duties imposed
upon that trustee by the act amending this section in the
2011-12 Regular Session of the Legislature, pursuant
to Chapter 206 of the Statutes of 2012, including the
requirement to submit a standardized reporting form required by
paragraph (3) of subdivision (e), shall be paid from the revenues
derived from its granted public trust lands and assets specified in
subdivision (b).
(2) If the revenues derived from the granted public trust lands
and assets specified in subdivision (b) are not sufficient to pay the
costs for the duties specified in paragraph (1), the commission
shall exempt the local trustee of granted public trust lands from
performing those duties for which the revenues are not sufficient, or
grant a deadline extension from the performance of those duties
until sufficient funds are available.
SEC. 2. Section 8750 of the Public Resources Code is amended to
read:
8750. Unless the context requires otherwise, the following
definitions govern the construction of this division:
(a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4 of the
Government Code.
(b) "Barges" means any vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.
(c) (1) "Best achievable protection" means the highest level of
protection which that can be achieved
through both the use of the best achievable technology and those
manpower levels, training procedures, and operational methods
which that provide the greatest degree
of protection achievable. The administrator's determination of best
achievable protection shall be guided by the critical need to protect
valuable coastal resources and marine waters, while also considering
(A) the protection provided by the measures, (B) the technological
achievability of the measures, and (C) the cost of the measures.
(2) It is not the intent of the Legislature that the administrator
use a cost-benefit or cost-effectiveness analysis or any particular
method of analysis in determining which measures to require. Instead,
it is the intent of the Legislature that the administrator give
reasonable consideration to the protection provided by the measures,
the technological achievability of the measures, and the cost of the
measures when establishing the requirements to provide the best
achievable protection for coastal and marine resources.
(d) "Best achievable technology" means that technology
which that provides the greatest degree of
protection taking into consideration (1) processes which
that are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development, and (2) processes
which that are currently in use anywhere in the
world. In determining what is best achievable technology, the
administrator shall consider the effectiveness and engineering
feasibility of the technology.
(e) "Commission" means the State Lands Commission.
(f) "Local government" means any chartered or general law city,
chartered or general law county , or any city and county.
(g) "Marine facility" means any facility of any kind, other than a
vessel, which that is or was used for
the purposes of exploring for, drilling for, producing, storing,
handling, transferring, processing, refining, or transporting oil and
is located in marine waters, or is located where a discharge could
impact marine waters unless the facility (1) is subject to Chapter
6.67 (commencing with Section 25270) or Chapter 6.75 (commencing with
Section 25299.10) of Division 20 of the Health and Safety Code or
(2) is placed on a farm, nursery, logging site, or construction site
and does not exceed 20,000 gallons in a single storage tank. For
the purposes of this division, a drill ship,
semisubmersible drilling platform, jack-up type drilling rig, or any
other floating or temporary drilling platform is a "marine facility."
For the purposes of this division, a small craft
refueling dock is not a "marine facility."
(h) "Marine terminal" means any marine facility used for
transferring oil to or from tankers or barges. For the
purposes of this section, a marine terminal includes all
piping not integrally connected to a tank facility as defined in
subdivision (k) (n) of Section 25270.2
of the Health and Safety Code.
(i) "Marine waters" means those waters subject to tidal influence
, except for waters in the Sacramento-San Joaquin Rivers and
Delta upstream from a line running north and south through the point
where Contra Costa, Sacramento, and Solano Counties meet
and includes waterways used for waterborne commercial vessel
traffic to the Port of Sacramento and the Port of Stockton .
(j) "Nonpersistent oil" means a petroleum-based oil, such as
gasoline, diesel, or jet fuel, which that
evaporates relatively quickly. Specifically, it is an oil with
hydrocarbon fractions, at least 50 percent of which, by volume,
distills at a temperature of 645 degrees Fahrenheit, and at least 95
percent of which, by volume, distills at a temperature of 700 degrees
Fahrenheit.
(k) "Oil" means any kind of petroleum, liquid hydrocarbons, or
petroleum products or any fraction or residues therefrom, including,
but not limited to, crude oil, bunker fuel, gasoline, diesel fuel,
aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.
( l ) "Onshore facility" means any facility of any kind
which that is located entirely on
lands not covered by marine waters.
(m) "Operator" when used in connection with vessels, marine
terminals, pipelines, or facilities, means any person or entity
which that owns, has an ownership
interest in, charters, leases, rents, operates, participates in the
operation of or uses that vessel, terminal, pipeline, or facility.
"Operator" does not include any entity which
that owns the land underlying the facility or the facility
itself, where the entity is not involved in the operations of the
facility.
(n) "Person" means an individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, limited liability company, and association.
"Person" also includes any city, county, city and county, district,
and the state or any department or agency thereof, and the federal
government, or any department or agency thereof, to the extent
permitted by law.
(o) "Pipeline" means any pipeline used at any time to transport
oil.
(p) "Responsible party" or "party responsible" means either of the
following:
(1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
(2) The owner, operator, or lessee of, or person who charters by
demise, any vessel or marine facility or a person or entity accepting
responsibility for the vessel or marine facility.
(q) "Small craft refueling dock" means a fixed facility having
tank storage capacity not exceeding 20,000 gallons in any single
storage tank and that dispenses nonpersistent oil to small craft.
(r) "Spill" or "discharge" means any release of at least one
barrel (42 gallons) of oil not authorized by any federal, state, or
local government entity.
(s) "State oil spill contingency plan" means the California oil
spill contingency plan prepared pursuant to Article 3.5 (commencing
with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the
Government Code.
(t) "Tanker" means any self-propelled, waterborne vessel,
constructed or adapted for the carriage of oil in bulk or in
commercial quantities as cargo.
(u) "Vessel" means a tanker or barge as defined in this section.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.