Today's Law As Amended


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AB-1611 Oil spills: potential casualties with submerged oil pipelines: vessels: reporting.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 8670.25.6 is added to the Government Code, to read:

8670.25.6.
 (a) Without regard to intent or negligence, when a vessel has an anchor down in an anchorage designated as proximate to a charted pipeline in a duly published submerged oil pipeline zone, that vessel is a vessel involved in a potential casualty with a submerged oil pipeline when it moves outside of the anchorage with its anchor down.
(b) A potential casualty with a submerged oil pipeline, as described in subdivision (a), shall be treated as a threatened discharge of oil in waters of the state pursuant to paragraph (1) of subdivision (a) of Section 8670.25.5, and the operator of a vessel involved in a potential casualty with a submerged oil pipeline shall immediately report the potential casualty to the Office of Emergency Services.
(c) (1) Upon receipt of the report described in subdivision (b), the Office of Emergency Services shall provide the notice required pursuant to subdivision (b) of Section 8670.25.5 and, using the information provided by the State Lands Commission pursuant to paragraph (2), notify the lessee of record for the pipeline lease in state waters for the submerged pipeline about the potential casualty within 24 hours of receiving the report. The Office of Emergency Services shall additionally provide a copy of the notification to the lessee to the State Fire Marshal and the federal Pipeline and Hazardous Materials Safety Administration, if this notification has not otherwise been provided to these agencies.
(2) On or before ____, and annually thereafter, the State Lands Commission shall provide to the Office of Emergency Services a list of, and contact information for, the lessees of rights-of-way leases for oil pipelines in state waters, including granted lands. The State Lands Commission shall compile the list in consultation with trustees of granted lands.
(d) The administrator shall coordinate with the United States Coast Guard, and either the Marine Exchange of Southern California or a marine exchange in northern California, whichever is appropriate, to designate the appropriate anchorages as proximate to charted pipelines in submerged oil pipeline zones, and propose duly published designation of these anchorages in the official navigation charts maintained by the National Oceanic and Atmospheric Administration.
(e) A violation of this section is not subject to enforcement under Section 8670.64.
(f) On or before January 1, 2028, the Office of Emergency Services, in consultation with the State Lands Commission and the administrator, shall provide to the relevant policy committees of the Legislature a report of the number of potential casualties reported to the office pursuant to subdivision (b), including the date and time of the incident and the report, the name of the reporting party, and the submerged oil pipeline at risk.
(g) For purposes of this section, the following definitions apply:
(1) “Anchorage designated as proximate to a charted pipeline in a duly published submerged oil pipeline zone” means an anchorage labeled by the United States Coast Guard or National Oceanic and Atmospheric Administration as proximate to a charted pipeline in a submerged oil pipeline zone.
(2) “Charted pipeline” means a pipeline that is shown on an official navigation chart.
(3) “Vessel” means a vessel, as defined in Section 21 of the Harbors and Navigation Code, of 300 gross tons or more.

SEC. 2.

 Section 8670.64.5 is added to the Government Code, to read:

8670.64.5.
 (a) A vessel operator who fails to make the report required pursuant to subdivision (b) of Section 8670.25.6 shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one million dollars ($1,000,000) for each violation.
(b) In determining the amount of the civil penalty to be assessed pursuant to subdivision (a), the court shall consider all of the following factors:
(1) The amount of time that passed before the vessel operator provided the report required pursuant to subdivision (b) of Section 8670.25.6.
(2) Whether the vessel operator has previously failed to comply with the reporting requirements of subdivision (b) of Section 8760.25.6.
(3) The amount of oil that was released as a result of the delay in complying with the reporting requirements of subdivision (b) of Section 8760.25.6.
(4) The additional cleanup costs incurred as a result of the delay in complying with the reporting requirements of subdivision (b) of Section 8760.25.6.
(c) An action may be brought pursuant to this section by the Attorney General, upon a complaint from the Office of Emergency Services, or by a district attorney.
(d) Of the civil penalty collected pursuant to this section, one-half shall be deposited into the Oil Spill Response Trust Fund established pursuant to Section 8670.46 and one-half shall be deposited into the Environmental Enhancement Fund established pursuant to Section 8670.70.
(e) A prevailing plaintiff shall be entitled to all reasonable costs and fees.