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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