Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2677

Introduced by Assembly Member Rodriguez

February 21, 2014

An act to begin delete amend Section 8670.46 of the Government end delete begin insert add Section 7719 to the Public Utilities end insert Code, relating to oil spills.

LEGISLATIVE COUNSEL’S DIGEST

AB 2677, as amended, Rodriguez. begin delete Oil Spill Response Trust Fund. end delete begin insert Oil spill: contingency plan: railroad. end insert

begin insert

Existing law requires the California Environmental Protection Agency, in consultation with specified entities, to develop a state railroad accident prevention and immediate deployment plan containing a comprehensive set of policies and directions to minimize the potential damage to the public health and safety, property, and the environment that might result from accidents involving railroad activities in the state.

end insert begin insert

This bill would require the agency, on or before January 1, 2017, and in consultation with specified entities, to develop and submit to the Governor and the Legislature a report containing recommendations for a comprehensive and coordinated oil spill contingency plan designed to address inland oil spills resulting from the transportation of crude oil by railroad.

end insert begin delete

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. Existing law establishes the Oil Spill Response Trust Fund in the State Treasury. Moneys in the fund are continuously appropriated to the administrator generally for the purposes of covering costs of response, containment, and cleanup of oil spills into marine waters.

end delete begin delete

This bill would prohibit the use of moneys in the fund for any purpose other than the oil spill response and cleanup activities authorized by the administrator pursuant to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 7719 is added to the end insert begin insert Public Utilities Code end insert begin insert ,
to read: end insert

begin insert

begin insert 7719. end insert   

(a) (1) On or before January 1, 2017, the California
Environmental Protection Agency, in consultation with the State
Fire Marshal, interested stakeholders, relevant local agencies,
and all of the entities listed in paragraphs (1) to (16), inclusive,
of subdivision (a) of Section 7718, shall develop and submit to the
Governor and the Legislature a report containing
recommendations for a comprehensive and coordinated oil spill
contingency plan designed to address inland oil spills resulting
from the transportation of crude oil by railroad.

(2) The report submitted to the Legislature pursuant to
paragraph (1) shall be submitted in compliance with Section 9795
of the Government Code.

(b) In developing the report, the Secretary for Environmental
Protection shall consider which state or local agencies are best
suited to serve as the primary responder for inland oil spill
response.

end insert

begin delete

SECTION 1.  

Section 8670.46 of the Government Code is
amended to read:

8670.46.  

(a) The Oil Spill Response Trust Fund is hereby
created in the State Treasury. Notwithstanding Section 13340, the
money in the fund is continuously appropriated to the administrator
for expenditure, without regard to fiscal years, for the purposes of
this article.

(b) No loan, expenditure, or other use of moneys in the fund
shall be made for any purpose other than the oil spill response and
clean up activities authorized by the administrator pursuant to this
article.

(c) For the purposes of this article, “fund” refers to the Oil Spill
Response Trust Fund.

end delete