BILL NUMBER: AB 2739	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Blakeslee

                        FEBRUARY 19, 2010

   An act to add Section 8670.15 to the Government Code, relating to
oil spills.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2739, as amended, Blakeslee. Oil spill prevention and response.

   The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
generally requires the administrator for oil spill response, 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 cleanup, and to represent the state in any
coordinated response efforts with the federal government.
   This bill would require the administrator  , in consultation
with the appropriate federal agencies, including, but not limited to,
the United States Coast Guard and the National Oceanic and
Atmospheric Administration,  to prepare a sunken vessel imminent
threat assessment and strategic response plan that identifies any
sunken vessel off the California coast that meets certain criteria
and outlines a strategic plan regarding the threat of a release of
oil from the vessel. The bill requires the administrator to report
his or her findings to the Legislature by June 1, 2011.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 8670.15 is added to the Government Code, to
read:
   8670.15.  (a)  The   In consultation with the
appropriate federal agencies, including, but not limited to, the
United States Coast Guard and the National Oceanic and Atmospheric
Administration, the  administrator shall prepare a sunken vessel
imminent threat assessment and strategic response plan that does
both of the following:
   (1) Identifies any sunken vessel off the coast of California that
meets all of the following criteria:
   (A) The vessel is within eight miles of the California coast.
   (B) The vessel is within 20 miles of a national marine sanctuary.
   (C) There is no party responsible for the vessel.
   (D) At the time the vessel sank, it contained more than one
million gallons of oil.
   (E) A release of oil from the vessel is likely to pose a threat to
California waters and shorelines, archaeological sites, wildlife,
and the habitat on which the wildlife depends.
   (F) The vessel has not yet been classified as posing an imminent
threat.
   (2) Outlines a strategic plan to do the following:
   (A) Identify studies that should be performed to determine whether
there exists an imminent threat of a release of oil from the vessel,
noting preferred and alternative methods of study with corresponding
cost estimates.
   (B) In the event that it is determined that an imminent threat
exists, notify the California Emergency Management Agency pursuant to
Section 8670.25.5 if the vessel is located in state waters or notify
the appropriate federal agency if the vessel is located in federal
waters.
   (C) In the event that it is determined that a threat exists, but
the threat is not imminent, identify the recommended course of action
to monitor the vessel, noting preferred and alternative methods of
monitoring with corresponding cost estimates.
   (b) By June 1, 2011, the administrator shall report his or her
findings to the Legislature.
   (c) (1) The requirement for submitting a report imposed under
subdivision (b) is inoperative on June 1, 2015, pursuant to Section
10231.5.
   (2) A report to be submitted pursuant to subdivision (b) shall be
submitted in compliance with Section 9795.