BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1319
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          SENATE THIRD READING
          SB 1319 (Pavley)
          As Amended  August 19, 2014
          Majority vote 

           SENATE VOTE  :23-12  
           
           NATURAL RESOURCES        6-3    UTILITIES & COMMERCE         9-5
           
           ----------------------------------------------------------------- 
          |Ayes:|Chesbro, Garcia,          |Ayes:|Bonilla, Buchanan, Fong,  |
          |     |Muratsuchi, Skinner,      |     |Garcia, Roger Hern�ndez,  |
          |     |Stone, Williams           |     |Mullin, Quirk, Rendon,    |
          |     |                          |     |Skinner                   |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Dahle, Bigelow, Patterson |Nays:|Patterson, Ch�vez, Dahle, |
          |     |                          |     |                          |
          |     |                          |     |Beth Gaines, Jones        |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      12-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Gatto, Bocanegra,         |     |                          |
          |     |Bradford,                 |     |                          |
          |     |Ian Calderon, Campos,     |     |                          |
          |     |Eggman, Gomez, Holden,    |     |                          |
          |     |Pan, Quirk,               |     |                          |
          |     |Ridley-Thomas, Weber      |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Expands the state's and oil spill and railroad  
          inspection programs.  Specifically,  this bill  :

          1)Authorizes Office of Spill Prevention and Response (OSPR) to  
            obtain confidential and other information from the Office of  
            Emergency Services (OES), the California Energy Commission  
            (CEC), and other regulators in order to carry out its duties,  
            and requires OSPR to develop procedures for handling the  
            information.

          2)Requires the OSPR Administrator to provide training and  








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            certification programs for local emergency responders, and  
            offer grants for local response equipment for local  
            governments with jurisdictions over or directly adjacent to  
            waters of the state.

          3)Requires the OSPR, to the extent allowed by federal law, to  
            provide the public with information regarding the rail  
            transport of oil. 

          4)Increases the membership of Oil Spill Technical Advisory  
            Committee from 14 to 15 and requires the Governor to appoint a  
            member with knowledge of the truck transportation industry.

          5)Requires the California Public Utilities Commission (PUC) to  
            expand inspections on railroad bridges and grade crossing used  
            to transport oil and at oil unloading rail facilities.

           



          FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Increased costs for equipment grants to non-marine counties of  
            at least $1.2 million (36 non-marine counties each receiving a  
            $35,000 grant).  There may also be cities and other local  
            government agencies in need of grants which would result in  
            additional costs.

          2)Increased ongoing costs to OSPR for new duties including local  
            training, certification and grant program management of at  
            least $300,000 per year.  

          3)Increased annual costs of $65,000 for the PUC for increased  
            reporting requirements.

          4)Minor and absorbable costs for OES and CEC.

          COMMENTS  :  California is experiencing the effects of increased  
          crude-by-rail transportation due to the North American hydraulic  
          fracturing boom.  In 2011, California moved less than two  
          million barrels of oil by rail; in 2013, that number rose to  
          more than six million, with a significant amount coming from  








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          North Dakota.  For the first quarter of 2014, crude-by-rail  
          numbers were up 104% compared to the first quarter of 2013  
          (1,414,418 barrels versus 693,457 barrels).

          There are currently at least five crude-by-rail refinery  
          projects being pursued in California:  one in Pittsburg, one in  
          Benicia, two in Bakersfield, and one in Wilmington.  

          Many of California's rail lines pass over or near bodies of  
          water and through high density population centers.   
          Crude-by-rail also presents risks that may be particularly  
          relevant to environmental justice communities situated near oil  
          refineries and offloading terminals. Communities in more remote  
          areas may have fewer skilled emergency response personnel.  

          A recently enacted budget trailer bill, SB 861 (Budget and  
          Fiscal Review Committee), Chapter 35, Statutes of 2014, expanded  
          OSPR's marine oil spill program to inland oil spills that affect  
          waters of the state.  SB 861 requires railroads to have oil  
          spill contingency plans and demonstrate the financial ability to  
          pay for any damages resulting from a spill.  Additionally, SB  
          861 established a $0.065 per barrel fee on oil transported by  
          pipeline or railroads to refineries to fund OSPR regulations and  
          oversight programs.  

          This bill expands OSPR's duties to require training and  
          equipment grants for local first responders and ensures OSPR has  
          access to confidential information collected by OES and the  
          Energy Commission.  Additionally, this bill requires  
          comprehensive rail inspections. 

          Related legislation.  AB 380 (Dickinson) of the current  
          legislative session, requires rail carriers to submit specified  
          information regarding the transport of hazardous materials and  
          Bakken oil to OES for the purposes of emergency response  
          planning.  


           Analysis Prepared by  :    Mario DeBernardo / NAT. RES. / (916)  
          319-2092


                                                                FN: 0005020









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