Bill Text


Bill PDF |Add To My Favorites | print page

AB-1657 Oil spills: reporting: waters of the state.(2021-2022)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 04/28/2022 09:00 PM
AB1657:v97#DOCUMENT

Amended  IN  Assembly  April 28, 2022
Amended  IN  Assembly  March 14, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1657

Introduced by Assembly Member Nguyen
(Coauthors: Assembly Members Chen, Choi, and Davies)
(Coauthor: Senator Bates)

January 14, 2022

An act to amend Section 8670.25.5 of the Government Code, relating to oil spills.


LEGISLATIVE COUNSEL'S DIGEST


AB 1657, as amended, Nguyen. Oil spills: reporting: waters of the United States. state.
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 drills and preparedness, and oil spill containment and cleanup. The act requires, without regard to intent or negligence, any party responsible for the discharge or threatened discharge of oil in waters of the state to report the discharge immediately to the Office of Emergency Services. The act makes it a crime to fail to notify the office in violation of that requirement.
This bill would define “threatened discharge of oil in waters of the state” to include, but not be limited to, mean a discharge by a an offshore facility, as defined, including an offshore pipeline, located where an oil spill may impact state waters. The bill would require a an offshore facility to be presumed to be located where an oil spill may impact state waters if certain circumstances apply, including that any portion of a an offshore pipeline that services the offshore facility transports oil to, from, or through state waters. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 8670.25.5 of the Government Code is amended to read:

8670.25.5.
 (a) (1) Without regard to intent or negligence, any party responsible for the discharge or threatened discharge of oil in waters of the state shall report the discharge immediately to the Office of Emergency Services pursuant to Section 25510 of the Health and Safety Code.
(2) If the information initially reported pursuant to paragraph (1) was inaccurate or incomplete, or if the quantity of oil discharged has changed, any party responsible for the discharge or threatened discharge of oil in waters of the state shall report the updated information immediately to the Office of Emergency Services pursuant to paragraph (1). The report shall contain the accurate or complete information, or the revised quantity of oil discharged.
(3) (A) For purposes of this subdivision, “threatened discharge of oil in waters of the state” shall include, but not be limited to, means a discharge by a an offshore facility, as defined in subdivision (g) of Section 8670.3, including an offshore pipeline, located where an oil spill may impact state waters.
(B) A An offshore facility shall be presumed to be located where an oil spill may impact state waters if any of the following circumstances apply:
(i) Any portion of any offshore pipeline that services the offshore facility transports oil to, from, or through state waters.
(ii) The offshore facility transports oil to, from, or through state waters.
(iii) A part of the offshore facility transports oil to, from, or through state waters.
(b) Immediately upon receiving notification pursuant to subdivision (a), the Office of Emergency Services shall notify the administrator, the State Lands Commission, the California Coastal Commission, the California regional water quality control board having jurisdiction over the location of the discharged oil, and the appropriate local governmental agencies in the area surrounding the discharged oil, and take the actions required by subdivision (d) of Section 8589.7. If the spill has occurred within the jurisdiction of the San Francisco Bay Conservation and Development Commission, the Office of Emergency Services shall notify that commission. Each public agency specified in this subdivision shall adopt an internal protocol over communications regarding the discharge of oil and file the internal protocol with the Office of Emergency Services.
(c) The 24-hour emergency telephone number of the Office of Emergency Services shall be posted at every railroad dispatch, pipeline operator control center, marine terminal, area of control of every other facility, and on the bridge of every tank ship in marine waters.
(d) Except as otherwise provided in this section and Section 8589.7, a notification made pursuant to this section shall satisfy any immediate notification requirement contained in any permit issued by a permitting agency.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.