BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  AB 2678
          Author:   Ridley-Thomas (D), et al.
          Amended:  8/22/14 in Senate
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT


           SUBJECT  :    Oil spills:  oil spill prevention and response

           SOURCE  :     Author


           DIGEST  :    This bill requires the administrator for oil spill  
          response to promulgate specified regulations by July 1, 2016,  
          and revises existing requirements to instead require the  
          identification of environmentally sensitive areas and  
          environmental sites requiring special protection, and to  
          describe appropriate protection strategies.

           Senate Floor Amendments  of 8/22/14 delete the Assembly version  
          of this bill regarding the Oil Spill Technical Advisory  
          Committee and instead insert the current language.

           ANALYSIS  :    

          Existing law: 

          1.Requires, under the Lempert-Keene-Seastrand Oil Spill  
            Prevention and Response Act (Act), the administrator for oil  
            spill response, acting at the direction of the Governor, to  
            implement activities relating to oil spill response, including  
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            emergency drills and preparedness, and oil spill containment  
            and cleanup, and to represent the state in any coordinated  
            response efforts with the federal government. 

          2.Requires the administrator to adopt and implement regulations  
            and deems the adoption of certain regulations by the  
            administrator to be an emergency.

          3.Requires an oil spill contingency plan to, at a minimum,  
            include certain requirements, among which is a requirement to  
            describe the strategies for the protection of environmentally  
            sensitive areas. 

          4.Requires an oil spill contingency plan for a facility to  
            include provisions detailing locations of environmentally  
            sensitive areas requiring special protection.

          5.Imposes an for oil spill response in an amount determined by  
            the administrator to be sufficient to implement oil spill  
            prevention activities, but not to exceed $0.065 per barrel of  
            crude oil or petroleum products.  The fee is deposited into  
            the Oil Spill Prevention and Administration Fund in the State  
            Treasury and monies in the Fund are available, upon  
            appropriation by the Legislature, for specified purposes. 

          6.Requires the oil spill prevention and administration fee to be  
            imposed upon a person owning crude oil at the time that the  
            crude oil is received at a marine terminal by specified modes  
            of delivery from within or outside the state.

          This bill: 

          1.Requires the administrator for oil spill response to  
            promulgate specified regulations by July 1, 2016.

          2.Revises existing requirements to instead require the  
            identification of environmentally sensitive areas and  
            environmental sites requiring special protection, and to  
            describe appropriate protection strategies. 

          3.Removes the requirement that an oil spill contingency plan for  
            a facility include provisions for site security and control,  
            for emergency medical treatment and first aid, for safety  
            training, and detailing site layout.

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          4.Requires for an oil spill response fee to be imposed at the  
            time that the crude oil is received at a refinery instead of  
            at a marine terminal. 

          5.States legislative intent only to collect the fee on crude oil  
            or petroleum products upon first delivery to a refinery or  
            marine terminal and not upon subsequent movement of that same  
            oil or products derived after that first delivery.

          6.States legislative intent that the Act is a matter of  
            statewide concern and that the Act is to be interpreted and  
            implemented so as not to conflict with specified federal law  
            or to prevent trains that meet the requirements of federal law  
            from entering the state.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          Unknown with latest amendments.


          RM:ek  8/25/14   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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