BILL ANALYSIS Ó
SB 414
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SENATE THIRD READING
SB
414 (Jackson)
As Amended August 19, 2015
Majority vote
SENATE VOTE: 35-2
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Natural |8-1 |Williams, Dahle, |Harper |
|Resources | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Hadley, McCarty, | |
| | |Rendon, Mark Stone, | |
| | |Wood | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Governmental |12-0 |Gray, Alejo, Campos, |Harper |
|Organization | |Cooley, Cooper, Daly, | |
| | |Cristina Garcia, | |
| | |Eduardo Garcia, | |
| | |Gipson, | |
| | | | |
| | | | |
| | |Roger Hernández, | |
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| | |Levine, Wilk | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Nazarian, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, Rendon, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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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:
1)Requires the Administrator of the Office of Spill Prevention
and Response (Administrator), 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
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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 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.
EXISTING LAW:
1)Requires the Administrator, 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 clean-up.
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2)Authorizes the Administrator to use volunteer workers in
response, containment, restoration, wildlife rehabilitation,
and clean-up efforts for oil spills in waters of the state.
3)Requires the Administrator to evaluate the feasibility of
using commercial fishermen and other mariners for oil spill
containment and clean-up. Requires the study to examine the
following:
a) Equipment and technology needs.
b) Coordination with private response personnel.
c) Liability and insurance.
d) Compensation.
4)Requires the Administrator to study the use and effects of
dispersants, incineration, bioremediation, and any other
methods used to respond to a spill. Requires the study to be
updated periodically to ensure the best achievable protection.
5)Requires the Administrator to periodically evaluate the
feasibility of requiring new technologies to aid prevention,
response, containment, clean-up, and wildlife rehabilitation.
6)Requires operators of specified vessels and facilities to
submit to the Administrator an oil spill contingency plan.
Requires the Administrator to determine whether the plan meets
applicable requirements.
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7)Requires the Administrator, taking into consideration the
facility or vessel contingency plan requirements of the State
Lands Commission, the Office of the State Fire Marshal, the
California Coastal Commission, and other state and federal
agencies, to adopt regulations governing the adequacy of oil
spill contingency plans. Requires regulations to be developed
in consultation with the Oil Spill Technical Advisory
Committee, and not in conflict with the National Contingency
Plan. Requires regulations to provide for the best achievable
protection of waters and natural resources of the state
including standards set for response, containment, and
clean-up equipment and that operations are maintained and
regularly improved to protect the resources of the state.
8)Requires the responsible party to be strictly liable for
penalties for the spill on a per-gallon released basis.
Authorizes the amount of penalty to be reduced by the amount
of released oil that is recovered and properly disposed of.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, increased one-time and ongoing costs in the range of
several million dollars (General Fund and/or special fund) for
the Department of Fish and Wildlife to implement the
requirements of this bill.
1)Refugio Oil Spill. On May 19, 2015, a pipeline owned by
Houston-based Plains All American Pipeline ruptured, spilling
approximately 101,000 gallons to 140,000 gallons of heavy
crude oil along the Gaviota coast in Santa Barbara County. It
is estimated that 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
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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. On
May 20, 2015, Governor Brown issued an emergency proclamation
for Santa Barbara County due to the effects of the oil spill.
Refugio State Beach and El Capitan State Beach were closed for
over a month because of the oil spill. Fisheries from Canada
de Alegria to Coal Oil Point were closed for over a month,
which negatively impacted several commercial fisheries -
including lobster, crab, shrimp, halibut, urchin, squid,
whelk, and sea cucumber. The Oiled Wildlife Care Network
recovered 195 dead birds and 106 dead marine mammals from the
spill. Dead marine mammals recovered included dolphins, sea
lions and seals. Sensitive habitat of the California Least
Tern and the Snowy Plover, birds protected by the Endangered
Species Act, has been damaged. Hotels, tour outfits and other
tourism businesses have experienced cancelations and decreased
bookings due to the spill. More than 1,000 workers from
local, state and federal agencies worked to clean up the
beaches. 14,267 gallons of oily water have been recovered to
date.
2)The Act. The Act requires pipeline owners to develop, submit
and implement an Oil Spill Contingency Plan, and these plans
must not conflict with a National Contingency Plan. The Act
also requires the party who causes oil to be discharged in or
on the waters of the state to immediately report the spill to
the California Office of Emergency Services and immediately
contain, clean-up, and remove the oil in the most effective
manner that minimizes environmental damage, and in accordance
with the applicable contingency plans, unless ordered
otherwise by the Coast Guard or the Administrator.
3)Best Achievable Protection. The Administrator is required to
evaluate the feasibility of requiring new technologies to aid
prevention, response, containment, clean-up, and wildlife
rehabilitation. In addition, the Administrator is required to
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develop and update regulations to judge the adequacy of oil
spill response plans. These updates are designed to ensure
that the operator's oil spill response plans will create the
most robust response possible that achieves best achievable
protection. This bill requires the Administrator to assess,
using specified criteria, the best achievable technology of
equipment for oil spill prevention and response. The goal of
the assessment will be to verify that best achievable
protection is being provided in case there is another oil
spill. The bill also requires Administrator to update
regulations that judge the operator's oil spill response plans
based on the findings of the assessment.
Analysis Prepared by:
Michael Jarred / NAT. RES. / (916) 319-2092 FN:
0001693