BILL ANALYSIS Ó
SB 414
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Date of Hearing: August 26, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 414
(Jackson) - As Amended August 19, 2015
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| |Natural Resources | |8 - 1 |
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| |Governmental Organization | |12 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill makes various changes to the Lempert-Keene-Seastrand
Oil Spill Prevention and Response Act (Act) relating to oil
spill response. Specifically, this bill:
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1) Requires the Administrator for Oil Spill Response, in
cooperation with the Coast Guard, to establish a schedule
of drills and exercises required by Federal law.
2) Requires the Administrator to develop and implement
regulations and guidelines to require operators to allow
rapid response to an oil spill by vessels of opportunity,
including contracted fishing vessels and fishing crews.
Requires vessels of opportunity to participate in regularly
scheduled emergency drills and training in areas as
specified.
3) Requires the Administrator, when studying the effects of
dispersants, incineration, bioremediation and any other
response methods, to consult the peer-reviewed published
scientific literature. Requires the Administrator to
update the California Dispersant Plan by January 1, 2017,
and periodically update the study and plan as specified.
4) Requires the Administrator to submit a report to the
Legislature by July 1, 2016, assessing the best achievable
technology for oil spill prevention and response equipment
as specified. Requires the Administrator to update
regulations based on the report to enhance prevention
response, containment, cleanup, and wildlife
rehabilitation.
5) Requires the Administrator to provide written
justification and a follow-up report to the Legislature if
dispersants are used in response to an oil spill as
specified.
6) Specifies, for spills greater than 500 gallons, the
SB 414
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penalty can only be reduced for every gallon of released
oil that is recovered and properly disposed of in
accordance with applicable law within two weeks of the
start of the spill and requires any increase in the amount
of a penalty assessed for an inland spill be deposited in
the Environmental Enhancement Fund.
7) Requires the administrator to adopt regulations
governing the method for determining the amount of oil that
is clean-up.
FISCAL EFFECT:
Increased one-time and ongoing costs in the range of several
million dollars (GF and/or special fund) for the Department of
Fish and Wildlife to implement the requirements of the bill.
COMMENTS:
1)Purpose. The purpose of this bill is to improve oil spill
prevention and response.
2)Background. The Lempert-Keene-Seastrand Oil Spill Prevention
and Response Act (Act) requires the Governor to establish a
state oil spill contingency plan and establishes oil spill
prevention, response, containment, and cleanup programs.
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Under the Act, the Oil Spill Administrator promulgates
regulations that provide for the best achievable protection of
waters and natural resources of the state.
3)Refugio Oil Spill. On May 19, 2015, a pipeline owned by
Houston-based Plains All American Pipeline ruptured, spilling
up to 101,000 gallons of heavy crude oil along the Gaviota
coast in Santa Barbara County. It is estimated that as much as
21,000 gallons of the oil went down a storm culvert onto
cliffs and into the Pacific Ocean. The immediate oil spill
area stretched over nine miles of California coastline, and
tar balls have washed up as far as one hundred miles from the
spill site. The pipeline that ruptured, known as Line 901, is
a common carrier pipeline that transports oil that was
produced on platforms offshore in both state and federal
waters to be refined in Santa Maria or Kern County.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081