BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 414
          Author:   Jackson (D)
          Amended:  9/4/15  
          Vote:     21  

          PRIOR SENATE VOTES NOT RELEVANT

           SENATE NATURAL RES. & WATER COMMITTEE:  6-2, 9/10/15 (pursuant  
            to Senate Rule 29.10)
           AYES: Pavley, Allen, Hueso, Jackson, Monning, Wolk
           NOES: Stone, Vidak
           NO VOTE RECORDED: Hertzberg

           ASSEMBLY FLOOR:  79-0, 9/8/15 - See last page for vote

           SUBJECT:   Oil spill response


          SOURCE:    Environmental Defense Center
                     Environmental Action Committee of West Marin


          DIGEST:  This bill makes several changes to state law regarding  
          oil spill preparedness, prevention and response.




          Assembly Amendments delete the previous Senate version of the  
          bill, related to marriage, and instead add the current language.


          ANALYSIS:   










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          Existing federal law addresses oil spills in the navigable  
          waters of the United States through the creation of a  
          comprehensive prevention, response, liability and compensation  
          program through the Oil Pollution Act of 1990, as amended.  This  
          law assigned numerous duties to the U.S. Coast Guard related to  
          oil spills and increased federal oversight of maritime  
          transportation.


          Existing federal regulation establishes Regional Response Teams  
          representing different geographic regions to support emergency  
          response.  Team membership includes representatives of both  
          federal and state entities with relevant expertise and the team  
          provides regional planning and coordination of preparedness and  
          response actions, including to oil spills (see Title 40, Code of  
          Federal Regulations, section 300.115).  Through the required  
          planning processes information regarding the appropriate use of  
          chemical dispersants and other agents to control oil spills must  
          be developed.


          Existing state law:


          1)Establishes the Lempert-Keene-Seastrand Oil Spill Prevention  
            and Response Act (SB 2040, Chapter 1248, Statutes of 1990), as  
            amended.  This Act created the Office of Spill Prevention and  
            Response (OSPR) in the Department of Fish and Wildlife.


          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  
            (administrator) to lead OSPR.


          4)Establishes the Oil Spill Technical Advisory Committee (TAC)  








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            with specified membership to provide public input and  
            independent judgment of the actions of the administrator.


          5)Provides for the possibility of both criminal and civil  
            remedies in the event of an oil spill.  The amount of an  
            administrative civil penalty for an oil spill is based on the  
            volume of oil spilled reduced by the amount of oil cleaned up.


          This bill makes several changes to state law regarding oil spill  
          preparedness, prevention and response.  Specifically, this bill:


          1)Requires the administrator to:


             a)   Arrange drills and exercises with the U.S. Coast Guard,  
               as specified.


             b)   Consult peer-reviewed scientific literature with respect  
               to studies of chemical dispersants and to ask that the  
               California Dispersant Plan be updated by May 1, 2016.  The  
               studies are expanded to include bioremediation and  
               biological agents in addition to dispersants and other  
               chemical agents.


             c)   Provide written notification, as specified, to the  
               Legislature within three days of use of dispersants in an  
               oil spill.


             d)   Report to the Legislature, as specified, on the  
               effectiveness of the use of dispersants on oil spill  
               response within two months of their use.


             e)   Support the Regional Response Team in its efforts to  
               update chemical dispersant use plans, as specifies.









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             f)   Submit a report to the Legislature by January 1, 2017  
               assessing best achievable technology of equipment for oil  
               spill prevention, preparedness and response. This shall  
               include an assessment of a new method - estimated recovery  
               system potential - for evaluating oil skimmers.


             g)   Update regulations governing the adequacy of oil spill  
               contingency plans for best achievable technologies for oil  
               spill prevention and response by July 1, 2018, as  
               specified.


             h)   Direct the Harbor Safety Committees to assess the  
               presence and capability of tugs in certain areas to provide  
               emergency towing of vessels, as specified.  San Francisco  
               Bay and Los Angeles/Long Beach harbor assessment shall be  
               completed by May 1, 2016 and other harbors by January 1,  
               2020.


          2)Requires the TAC to convene a taskforce with specified  
            membership to evaluate and make recommendations on the use of  
            "vessels of opportunity", such as commercial fishing vessels,  
            to respond to oil spills in marine waters.  The evaluation  
            shall include certain topics and include two public meetings.   
            The TAC shall make a recommendation to the administrator by  
            January 1, 2017. If necessary, the administrator shall update  
            regulations by January 1, 2018 to include vessels of  
            opportunity. 


          3)Deletes the provision requiring the administrative civil  
            penalty take into consideration how much oil was cleaned up.


          4)Deletes obsolete provisions.


          Background









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          The Refugio Beach spill.  On May 19, 2015 a pipeline owned by  
          Houston-based Plains All American Pipeline ruptured spilling  
          (according to the operator) up to an estimated 140,000 gallons  
          of heavy crude oil along the Gaviota coast at Refugio Beach in  
          Santa Barbara County.  The release was from a 10.6 mile long,  
          24-inch diameter pipeline and (according to the operator) as  
          much as 21,000 gallons of oil ended up in coastal waters.  News  
          reports indicate the pipeline was potentially severely corroded  
          where it ruptured.

          The main oil spill stretched over 9 miles of California  
          coastline and tar balls associated with the spill were found,  
          according to news reports, as far south as Los Angeles County.   
          Shoreline and beaches were affected by the spill and nesting  
          areas for protected species were also affected.  Approximately  
          250 birds and 170 mammals in addition to a large number of  
          marine invertebrates were known to be impacted by the spill.   
          Although some of the birds and mammals have been released  
          following treatment, most are dead.  A 23 mile by 6 mile area  
          was closed to fishing for over one month and beaches were  
          closed, including over the Memorial Day weekend, resulting in  
          economic losses.  The fishery and beaches have since re-opened.

          The clean-up is in its third phase with Shoreline Cleanup  
          Assessment Technique teams continuing to survey and monitor the  
          impacted area.  The Natural Resources Damage Assessment has  
          begun.  The spill and the events leading up to the spill remain  
          under investigation.

          The use of chemical dispersants in oil spill response.   
          According to an OSPR fact sheet, dispersants are usually not  
          applied to oil spills in near shore areas, for example, where  
          sea grass beds, oyster beds, mariculture or coral reefs are  
          present.   The fact sheet further states that spill responders  
          are generally "reluctant" to use dispersants in shallow waters  
          less than 30 feet deep.  Chemical dispersants were not used in  
          the response to the Refugio Beach spill which occurred in near  
          shore shallow waters.


          The California Dispersant Plan is part of federal oil spill  








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          contingency planning.  In general dispersant use is pre-approved  
          in federal waters outside National Marine Sanctuaries and more  
          than 3 miles away from the California/Oregon and  
          California/Mexico borders.  For state waters and in other areas,  
          there is a process established by which dispersants may, on a  
          case-by-case basis, be used.  The California Dispersant Plan  
          notes that the U.S. Coast Guard, the U. S. Environmental  
          Protection Agency, other federal entities and OSPR "agree that  
          one of the primary methods of controlling discharged oil shall  
          be the physical removal of the oil by mechanical means." 


          Dispersants are not without risks.  For example, following the  
          unprecedented use - both in volume and duration - of chemical  
          dispersants following the 2010 Deepwater Horizon spill in the  
          Gulf of Mexico, new research, published in the peer-reviewed  
          scientific literature, has shown that the dispersants, alone or  
          in combination with spilled oil, are more toxic to at least some  
          species than the spilled oil by itself.  That said it is  
          important to acknowledge that oil spills, in addition to  
          short-term impacts on impacted wildlife may also have long-term  
          effects on affected species.  Recent work, for example, has  
          shown that a delayed effect of the 1989 Exxon Valdez spill is  
          likely to include significant subsequent salmon and herring  
          population declines in the Prince William Sound.  Embryonic  
          salmon and herring exposed to very low concentrations of crude  
          oil developed heart defects which likely impacted their chances  
          for survival.


          Oil spill response equipment evaluation. The Ocean Studies Board  
          of the National Research Council in November 2013 found that a  
          new method proposed for estimating the efficiency of oil  
          skimmers - the estimated recovery system potential or ERSP - to  
          be "basically sound and a substantial improvement over method  
          currently employed" by the Bureau of Safety and Environmental  
          Enforcement (BSEE - one of the federal offshore oil regulators).  
           The Ocean Studies Board provided further recommendations on how  
          best to implement this method.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  








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          Com.:YesLocal:   No

          According to the Assembly Appropriations Committee (on a  
          previous version of the bill), the fiscal impact of this bill is  
          increased one-time and ongoing costs in the range of several  
          million dollars (general and/or special fund) for the Department  
          of Fish and Wildlife to implement the requirements of the bill.




          SUPPORT:   (Verified9/1/15)


          Audobon California
          Azul
          Black Surfers Collective
          California Coastal Protection Network
          California League of Conservation Voters
          California Environmental Justice Alliance
          Center for Biological Diversity
          Clean Water Action
          Coastal Environmental Rights Foundation
          Defenders of Wildlife
          Environment California
          Environmental Action Committee of West Marin
          Environmental Defense Center
          Friends of the Earth
          City of Goleta
          Heal the Bay
          Humboldt Baykeeper
          National Parks Conservation Association
          Natural Resources Defense Council
          Ocean Conservancy
          Pacific Merchant Shipping Association
          Planning and Conservation League
          San Francisco Bar Pilots Association
          Santa Barbara Channelkeeper
          Sierra Club California
          Surfrider Foundation
          Surfrider Foundation, South Bay Chapter
          Surfrider Foundation, Santa Barbara Chapter








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          the Trust for Public Land
          the Wildlands Conservancy


          OPPOSITION:   (Verified9/4/15)




          None received




          ARGUMENTS IN SUPPORT:      According to the author, "On May 19  
          of this year, tragedy struck again when an onshore pipeline  
          carrying crude oil ruptured and spilled over 100,000 gallons of  
          oil, over 20,000 gallons of which ended up in the ocean off the  
          Santa Barbara Coastline.  To date this spill has caused  
          significant negative impacts to the ocean, local beaches,  
          wildlife, and the local economy.  Although the investigation in  
          the response and the oil spill - dubbed the Refugio Oil Spill -  
          is ongoing, several deficiencies in our ability to immediately  
          response to these disasters and act quickly to protect our  
          environment have been highlighted."


          "SB 414 will help make oil spill response faster, more  
          effective, and more environmentally friendly."


          The San Francisco Bar Pilots Association adds that this bill  
          "would require {OSPR} to improve its voluntary program for local  
          fishermen and women to utilize their vessels and experience with  
          local waters to be trained as first responders to oil spills."

           ASSEMBLY FLOOR:  79-0, 9/08/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  








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            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
           NO VOTE RECORDED: Chávez


          Prepared by:Katharine Moore / N.R. & W. / (916) 651-4116
          9/10/15 23:34:42


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