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

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Date Published: 01/14/2022 09:00 PM
AB1657:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1657


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

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 introduced, Nguyen. Oil spills: reporting: waters of the United States.
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 expand that requiring to also require, without regard to intent or negligence, any party responsible for the discharge or threatened discharge of oil in waters of the United States that may reach or impact waters of the state to report the discharge immediately to the office. Because a violation of that requirement would be a crime, the bill would impose a state-mandated local program. The bill would also make a conforming change.
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 state, or in waters of the United States that may reach or impact 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 state, or in waters of the United States that may reach or impact 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.
(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.