Bill Text: CA AB1611 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Oil spills: potential casualties with submerged oil pipelines: vessels: reporting.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2022-06-21 - In committee: Set, first hearing. Failed passage. [AB1611 Detail]

Download: California-2021-AB1611-Amended.html

Amended  IN  Assembly  March 15, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1611


Introduced by Assembly Member Davies
(Coauthor: Assembly Member Nguyen)

January 05, 2022


An act to add Chapter 3 (commencing with Section 8765) to Division 7.8 of the Public Resources Code, Sections 8670.25.6 and 8670.64.5 to the Government Code, relating to oil spills.


LEGISLATIVE COUNSEL'S DIGEST


AB 1611, as amended, Davies. Oil spills: notification of hitting pipelines: civil penalties. potential casualties with submerged oil pipelines: vessels: reporting.
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, fail to notify the Office of Emergency Services regarding an oil spill. 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 require a person to notify specified state and federal entities that a vessel hit or likely hit a pipeline in waters of the state, within 24 hours of knowing that the vessel did so or likely did so, and would subject that person to a civil penalty of not less than $10,000 and not more than $50,000. The bill would subject a person to an additional civil penalty of up to $1,000 per gallon spilled in excess of 1,000 gallons of oil that was discharged from the pipeline when that person fails to provide this notification. potential casualty with a submerged oil pipeline, as described, to be treated as a threatened discharge of oil in waters of the state pursuant to the above-specified reporting provision of the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act. The bill would require the operator of a vessel involved in a potential casualty with a submerged oil pipeline to immediately report the potential casualty to the office and would subject a vessel operator who fails to make that report to a civil penalty of not less than $10,000 and not more than $1,000,000 for each violation.
This bill would require the office to notify the operator of the submerged pipeline about the potential casualty within 24 hours of receiving the report and to notify specified public agencies. The bill would require the office to coordinate with the United States Coast Guard and specified marine exchanges to designate the appropriate anchorages as proximate to submerged oil pipelines and propose duly published designation of these anchorages by the National Oceanic and Atmospheric Administration.
This bill would provide that a violation of these provisions is not subject to certain enforcement provisions of the act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 8670.25.6 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 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. The office shall notify the operator of the submerged pipeline about the potential casualty within 24 hours of receiving the report and shall provide the notice required by subdivision (b) of Section 8670.25.5.
(c) The office 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 submerged oil pipelines, and propose duly published designation of these anchorages in the official navigation charts maintained by the National Oceanic and Atmospheric Administration.
(d) A violation of this section is not subject to enforcement under Section 8670.64.
(e) For purposes of this section, the following definitions apply:
(1) “Anchorage designated as proximate to 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 submerged oil pipeline zone.
(2) “Office” means the Office of Emergency Services.
(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 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.

SECTION 1.Chapter 3 (commencing with Section 8765) is added to Division 7.8 of the Public Resources Code, to read:
3.Notification of Hitting Pipelines
8765.

(a)A person shall notify the Department of Conservation, the Office of the State Fire Marshal, the Office of Oil Spill Prevention and Response, the United States Coast Guard, and the federal Pipeline and Hazardous Materials Safety Administration that a vessel hit or likely hit a pipeline in waters of the state, within 24 hours of knowing that the vessel hit or likely hit the pipeline.

(b)A person who fails to provide the notice required pursuant to subdivision (a) shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).

(c)A person shall be subject to an additional civil penalty of up to one thousand dollars ($1,000) per gallon spilled in excess of 1,000 gallons of oil that was discharged from the pipeline when that person fails to provide the notification described in subdivision (a).

(d)For purposes of this section, the following definitions apply:

(1)“Likely hit” includes, but is not limited to, a vessel, with anchor down, breaching a known buffer zone designed to protect pipelines.

(2)“Vessel” means a vessel, as defined in Section 21 of the Harbors and Navigation Code, of 300 gross tons or more.

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