Amended in Assembly June 14, 2016

Amended in Assembly May 25, 2016

Senate BillNo. 849


Introduced by Committee on Budget and Fiscal Review

January 7, 2016


begin deleteAn act relating to the Budget Act of 2016. end deletebegin insertAn act to amend Section 8670.67.5 of the Government Code, relating to oil spills, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 849, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2016. end deletebegin insertOil spills.end insert

begin insert

The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act makes a person who causes or permits a spill or inland spill strictly liable for specified penalties for the spill on a per-gallon-released basis.

end insert
begin insert

This bill would reduce the amount of penalty by the amount of released oil that is recovered and properly disposed of. The bill would require the administrator for oil spill response to adopt regulations governing the method for determining the amount of oil that is recovered and properly disposed of.

end insert
begin insert

The bill would appropriate $1,000 from the General Fund to the administrator for administrative purposes.

end insert
begin insert

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8670.67.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

8670.67.5.  

(a) begin deleteRegardless of intent or negligence, any end deletebegin insertAny end insert
4person whobegin insert without regard to intent or negligenceend insert causes or
5permits a spill shall be strictly liable civilly in accordance with
6subdivision (b) or (c).

7(b) A penalty may be administratively imposed by the
8administrator in accordance with Section 8670.68 in an amount
9not to exceed twenty dollars ($20) per gallon for a spill.begin insert The
10amount of penalty shall be reduced for every gallon of released
11oil that is recovered and properly disposed of in accordance with
12applicable law.end insert

13(c) Whenever the release of oil resulted from gross negligence
14or reckless conduct, the administrator shall, in accordance with
15Section 8670.68, impose a penalty in an amount not to exceed
16sixty dollars ($60) per gallon for a spill.begin insert The amount of penalty
17shall be reduced for every gallon of released oil that is recovered
18and properly disposed of in accordance with applicable law.end insert

begin insert

19
(d) The administrator shall adopt regulations governing the
20method for determining the amount of oil that is recovered and
21properly disposed of.

end insert
22begin insert

begin insertSEC. 2.end insert  

end insert

begin insertThe amount of one thousand dollars ($1,000) is hereby
23appropriated from the General Fund to the administrator for oil
24spill response for administrative purposes.end insert

25begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
26to the Budget Bill within the meaning of subdivision (e) of Section
2712 of Article IV of the California Constitution, has been identified
28as related to the budget in the Budget Bill, and shall take effect
29immediately.

end insert
begin delete
30

SECTION 1.  

It is the intent of the Legislature to enact statutory
31changes, relating to the Budget Act of 2016.

end delete


O

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