BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2678
                                                                  Page  1

          Date of Hearing:   May 21, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                 AB 2678 (Ridley-Thomas) - As Amended:  May 7, 2014 

          Policy Committee:                              Natural  
          ResourcesVote:8-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill revises the membership of the Oil Spill Technical  
          Advisory Committee (TAC) in the Office of Spill Prevention and  
          Response (OSPR) within the Department of Fish and Wildlife  
          (DFW).  Specifically this bill:

          1)Increases the number of members on the TAC from 10 to 12 and  
            requires the Governor to appoint one member from an  
            environmental group and one from an environmental justice  
            group as specified.

          2) Deletes the requirement that the Governor appoint a person to  
            the TAC who has worked in state government and instead  
            requires the Governor to appoint a faculty member of the Karen  
            C. Drayer Wildlife Health Center at UC Davis (WHC) or the  
            director of the Oiled Wildlife Care Network (OWCN).  

           FISCAL EFFECT  

          Minor, absorbable costs.

           COMMENTS  

           1)Rationale.   Recently, there has been a dramatic increase in  
            the amount of oil transported to the state by rail due to the  
            hydraulic fracturing boom in other states, particulary North  
            Dakota with its Bakken oil shale formation.  The possible  
            train routes are located along and through several waterways  
            and major metropolitan areas.  In response to the potential  
            for train accidents and oil spills, the Governor's 2014-15  
            budget proposes to increase funding for OSPR to strengthen the  








                                                                  AB 2678
                                                                  Page  2

            state's oil spill program in inland areas.    

            The TAC provides public input and independent analysis of the  
            actions of OSPR.  It makes sense to expand the membership of  
            TAC to include members who bring an inland environmental and  
            environmental justice perspective.


           2)Background.   The Legislature passed the  
            Lempert-Keene-Seastrand Oil Spill Prevention and Response Act  
            (Oil Spill Act) in 2003.  The overall purpose of the Oil Spill  
            Act is to prevent and clean up oil spills and to restore  
            damage to the environment.  OSPR and the State Lands  
            Commission are vested with the primary responsibility for  
            implementing the Oil Spill Act.

            The TAC consists of 10 members, six of whom are appointed by  
            the Governor, two by the Speaker of the Assembly, and two by  
            the Senate Rules Committee.  The membership must have  
            background in marine transportation, local government, oil  
            spill response and prevention programs, the petroleum  
            industry, state government, environmental protection and  
            ecosystems, and the dry cargo vessel industry.  Pursuant to  
            its by-laws, TAC members serve until they are either replaced  
            by the appointing authority, a member resigns, or a member is  
            asked for their resignation after a vote of at least  
            two-thirds of the appointed TAC members. 

            Since 2003, the TAC has been required to report biennially to  
            the Governor and the Legislature on its evaluation of oil  
            spill prevention and response within the state.  The TAC may  
            also prepare and send any additional reports it determines to  
            be appropriate to the Governor and the Legislature.


           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081