BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 2678 HEARING DATE: June 24, 2014
AUTHOR: Ridley-Thomas URGENCY: No
VERSION: May 7, 2014 CONSULTANT: Katharine Moore
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Oil spills: Oil Spill Technical Advisory Committee
BACKGROUND AND EXISTING LAW
1.In response to concern following significant marine oil
spills, the Legislature passed the Lempert-Keene-Seastrand Oil
Spill Prevention and Response Act (Act) (SB 2040, c. 1248,
Statutes of 1990) (Government Code (GOV) �8670.1 et seq., and
others). The act created the Office of Spill Prevention and
Response (OSPR) in the Department of Fish and Wildlife. OSPR's
mission is to provide the best achievable protection (GOV
�8670.3) of California's natural resources and the public
health and safety by preventing, preparing for, and responding
to spills of oil and other deleterious materials; and to
restore and enhance affected resources.
2.Existing law requires the establishment of the Oiled Wildlife
Care Network (OWCN), a network of rescue and rehabilitation
stations for sea birds, sea otters, and other marine mammals.
In addition to rehabilitative care, the primary focus of the
OWCN includes proactive oiled wildlife search and collection
rescue efforts. The OWCN facilities are established and
maintained in a state of preparedness in order to provide the
best achievable treatment for marine mammals and birds
affected by an oil spill in marine waters.
3.Existing law also requires the establishment of the Oil Spill
Technical Advisory Committee (TAC) to provide public input and
independent judgment of the actions of the OSPR administrator.
The TAC is charged with providing recommendations to the
administrator and other specified state entities regarding
implementation of the act.
4.Existing law specifies the membership of the TAC. It is
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composed of 10 members appointed, as specified, by the
Governor, the Speaker of the Assembly or the Senate Committee
on Rules. These 10 members include:
two public representatives,
two individuals with knowledge of environmental
protection and the study of ecosystems,
one individual representing each of the following
disciplines:
o marine transportation,
o local government,
o oil spill prevention and response
programs,
o the petroleum industry,
o state government and
o the dry cargo vessel industry.
1.On Sunday, June 15, 2014, the Legislature passed the FY
2014-2015 budget and the accompanying resources budget trailer
bill (SB 861, Committee on Budget and Fiscal Review). SB 861
contained the Brown Administration's proposal to extend the
inland reach of OSPR to include rail. Among other provisions,
SB 861 increases the number of TAC members to 14 through the
addition of four new members: two more with knowledge of
environmental protection and the study of ecosystems and one
each from the railroad and oil production industries. SB 861
also extends the scope of the OWCN to include inland. SB 861
was enrolled as of June 17, 2014.
PROPOSED LAW
This bill would modify the membership of the TAC by:
Substituting a faculty member of the Karen C. Drayer
Wildlife Health Center at the University of California,
Davis, or the Director of the OWCN for the member with
state government experience,
Adding a member who represents an environmental group
with an interest in protecting inland natural resources
from oil spills, and
Adding a member who represents an environmental justice
group concerned about the risk of oil spills from railroad
tank cars traveling through disadvantaged communities.
All three of the proposed new members would be appointed by the
Governor and the total number of TAC members would increase to
12.
ARGUMENTS IN SUPPORT
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According to the author, "California has one of the most robust
oil spill prevention and response programs in the country."
Assemblymember Ridley-Thomas continues, "historically, the TAC
has provided OSPR with very good expertise and recommendations
on how to deal with oil spill response and prevention. However,
expertise on TAC could be improved by making changes to its
membership that would provide expertise in areas where OSPR's
knowledge may be lacking. To help OSPR carry out its mission
and implement its programs, there are some emerging issues (i.e.
crude by rail) that deserve attention and could benefit by
having additional expertise within the TAC to provide
appropriate recommendations for response and prevention
activities."
ARGUMENTS IN OPPOSITION
None received
COMMENTS
The resources trailer bill and AB 2678 . As noted above, the
significant OSPR program changes in the resources trailer bill
are accompanied by corresponding changes in the TAC composition.
These TAC membership changes in this bill are different from
those that the Brown Administration requested and received in
the resources trailer bill. Arguably, this bill's proposed
changes to the TAC are not sufficient to replace those contained
in the resources trailer bill, should the resources trailer bill
be signed into law. To ensure this situation does not occur,
the committee may wish to require that this bill be modified to
avoid chaptering out the resources trailer bill. [Amendment 1]
The vice-chair of the Wildlife Health Center is a current member
of the TAC . The vice-chair is the state government
representative. Her alternate is the director of the OWCN.
Therefore one of the TAC membership changes proposed by this
bill may not be necessary.
Post-committee amendments . The committee may wish to re-hear
this bill should its content be amended substantially in the
future.
Related legislation .
SB 1319 (Pavley) would make changes to the OSPR program to
address the risks associated with inland transport of crude oil.
(before the Assembly Utilities and Commerce Committee)
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SUGGESTED AMENDMENTS
AMENDMENT 1
Amend the bill to add the changes in TAC membership
contained in the resources trailer bill (SB 861), should it
be signed, to those currently proposed by this bill.
SUPPORT
Western States Petroleum Association (sponsor)
OPPOSITION
None Received
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