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AB-3214 Oil and gas: oil spills: fines and penalties.(2019-2020)

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Date Published: 09/24/2020 09:00 PM
AB3214:v95#DOCUMENT

Assembly Bill No. 3214
CHAPTER 119

An act to amend Section 8670.64 of the Government Code, relating to oil and gas.

[ Approved by Governor  September 24, 2020. Filed with Secretary of State  September 24, 2020. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3214, Limón. Oil and gas: oil spills: fines and penalties.
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup.
Existing law makes it a felony to, among other things, knowingly engage in or cause the discharge or spill of oil into waters of the state, or knowingly fail to begin cleanup, abatement, or removal of spilled oil, as specified. Existing law makes this crime punishable by a fine of not less than $5,000 or more than $500,000 for each day or partial day a violation occurs. Existing law additionally makes it a felony to, among other things, fail to notify the Office of Emergency Services regarding an oil spill or to knowingly fail to follow the material provisions of an applicable oil spill contingency plan. Existing law makes this crime punishable by a fine of not less than $2,500 or more than $250,000 for each day or partial day a violation occurs for a first conviction, and by a fine of not less than $5,000 or more than $500,000 for each day or partial day a violation occurs for a 2nd conviction.
This bill would double the minimum and maximum amounts of the fines described above. The bill would authorize the court to also impose upon a person convicted of, among other things, knowingly engaging in or causing the discharge or spill of oil into waters of the state, or knowingly failing to begin cleanup, abatement, or removal of spilled oil, as specified, a fine of up to $1,000 per gallon spilled in excess of 1,000 gallons of oil.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8670.64 of the Government Code is amended to read:

8670.64.
 (a) A person who commits any of the following acts shall, upon conviction, be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code:
(1) Except as provided in Section 8670.27, knowingly fails to follow the direction or orders of the administrator in connection with an oil spill.
(2) Knowingly fails to notify the Coast Guard that a vessel is disabled within one hour of the disability and the vessel, while disabled, causes a discharge of oil that enters marine waters. For purposes of this paragraph, “vessel” means a vessel, as defined in Section 21 of the Harbors and Navigation Code, of 300 gross tons or more.
(3) Knowingly engages in or causes the discharge or spill of oil into waters of the state, or a person who reasonably should have known that the person was engaging in or causing the discharge or spill of oil into waters of the state, unless the discharge is authorized by the United States, the state, or another agency with appropriate jurisdiction.
(4) Knowingly fails to begin cleanup, abatement, or removal of spilled oil as required in Section 8670.25.
(b) (1) The court shall also impose upon a person convicted of violating subdivision (a), a fine of not less than ten thousand dollars ($10,000) and not more than one million dollars ($1,000,000) for each violation. For purposes of this subdivision, each day or partial day that a violation occurs is a separate violation.
(2) The court may also impose upon a person convicted of violating subdivision (a), a fine of up to one thousand dollars ($1,000) per gallon spilled in excess of 1,000 gallons of oil.
(c) (1) A person who knowingly does any of the acts specified in paragraph (2) shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) and not more than five hundred thousand dollars ($500,000) or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. Each day or partial day that a violation occurs is a separate violation. If the conviction is for a second or subsequent violation of this subdivision, the person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) and no more than one million dollars ($1,000,000), or by both that fine and imprisonment:
(2) The acts subject to this subdivision are all of the following:
(A) Failing to notify the Office of Emergency Services in violation of Section 8670.25.5.
(B) Knowingly making a false or misleading oil spill report to the Office of Emergency Services.
(C) Continuing operations for which an oil spill contingency plan is required without an oil spill contingency plan approved pursuant to Article 5 (commencing with Section 8670.28).
(D) Except as provided in Section 8670.27, knowingly failing to follow the material provisions of an applicable oil spill contingency plan.