BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2912|
          |Office of Senate Floor Analyses   |                              |
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                                      CONSENT 


          Bill No:  AB 2912
          Author:   Committee on Natural Resources   
          Amended:  6/30/16 in Senate
          Vote:     21 

           SENATE NATURAL RES. & WATER COMMITTEE:  8-0, 6/28/16
           AYES:  Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,  
            Monning, Vidak
           NO VOTE RECORDED:  Wolk

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 5/12/16 (Consent) - See last page for  
            vote

           SUBJECT:   Oil spills


          SOURCE:    Author


          DIGEST:  This bill makes several technical and clarifying  
          changes to the Lempert-Keene-Seastrand Oil Spill Prevention and  
          Response Act.


          ANALYSIS:  


          Existing law:

          1)Establishes the Lempert-Keene-Seastrand Oil Spill Prevention  
            and Response Act (Act). The Act created the Office of Spill  
            Prevention and Response (OSPR) in the Department of Fish and  
            Wildlife.  The Act complements and builds upon federal oil  








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            spill law and regulations.  The Act contains numerous  
            provisions including, among others, defined terms and  
            requirements for oil spill planning and response and for  
            financial responsibility and damages in the event of a spill.


          2)Establishes OSPR's mission to provide the best achievable  
            protection of California's natural resources and the public  
            health and safety by preventing, preparing for, and responding  
            to spills of oil and other deleterious materials to all waters  
            of the state, and to restore and enhance affected resources. 


          3)Provides for the appointment of the OSPR administrator to lead  
            OSPR. 


          This bill makes several technical and clarifying changes to the  
          Act.  In particular, the bill restores the definition of "marine  
          waters" inadvertently deleted by a 2014 Public Resources Budget  
          Trailer Bill (SB 861, Committee on Budget and Fiscal Review,  
          Chapter 35, Statutes of 2014), among other technical and  
          clarifying changes.

          Background
          
          In 2014, prompted by the expected growth in the transportation  
          of crude oil by rail in the state, the Public Resources Budget  
          Trailer Bill made significant changes to the Act in order to  
          extend OSPR's ability to prepare for and respond to inland oil  
          spills.

          Existing federal and state laws and regulations provide for an  
          Incident Command structure to manage oil spill response.  Both  
          federal (the United States Coast Guard in marine waters or the  
          United States Environmental Protection Agency inland) and state  
          (OSPR) entities are part of Incident Command as is the  
          responsible party (and/or its contractors).  Local responders  
          may also participate.

          Comments









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          As noted in the Assembly Natural Resources Committee analysis,  
          this bill "makes conforming and other nonsubstantive changes to  
          the Government Code that provide clean up from recently enacted  
          bills and others that simply make needed technical changes."


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/1/16)


          None received


          OPPOSITION:   (Verified8/1/16)


          None received


          ASSEMBLY FLOOR:  78-0, 5/12/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,  
            Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Burke, Jones-Sawyer


          Prepared by:Katharine Moore / N.R. & W. / (916) 651-4116
          8/3/16 19:11:12










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