BILL NUMBER: SB 849	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 14, 2016
	AMENDED IN ASSEMBLY  MAY 25, 2016

INTRODUCED BY   Committee on Budget and Fiscal Review

                        JANUARY 7, 2016

    An act relating to the Budget Act of 2016.  
An 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. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 849, as amended, Committee on Budget and Fiscal Review.
 Budget Act of 2016.   Oil spills.  
   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.  
   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.  
   The bill would appropriate $1,000 from the General Fund to the
administrator for administrative purposes.  
   This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill. 

   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2016. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8670.67.5 of the  
Government Code   is amended to read: 
   8670.67.5.  (a)  Regardless of intent or negligence, any
  Any  person who  without regard to intent or
negligence  causes or permits a spill shall be strictly liable
civilly in accordance with subdivision (b) or (c).
   (b) A penalty may be administratively imposed by the administrator
in accordance with Section 8670.68 in an amount not to exceed twenty
dollars ($20) per gallon for a spill.  The amount   of
penalty shall be reduced for every gallon of released oil that is
recovered and properly disposed of in accordance with applicable law.

   (c) Whenever the release of oil resulted from gross negligence or
reckless conduct, the administrator shall, in accordance with Section
8670.68, impose a penalty in an amount not to exceed sixty dollars
($60) per gallon for a spill.  The amount of penalty shall be
reduced for every gallon of released oil that is recovered and
properly disposed of in accordance with applicable law.  
   (d) The administrator shall adopt regulations governing the method
for determining the amount of oil that is recovered and properly
disposed of. 
   SEC. 2.    The amount of one thousand dollars
($1,000) is hereby appropriated from the General Fund to the
administrator for oil spill response for administrative purposes.

   SEC. 3.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes, relating to the Budget Act of 2016.