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

California Assembly Bill 1611 (Prior Session Legislation)

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 Senate June 06, 2022

Amended IN Assembly April 06, 2022

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 Sections 8670.25.6 and 8670.64.5 to the Government Code, relating to oil spills, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 1611, as amended, Davies. Oil spills: 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. 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 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. The bill would require a court to consider specified factors in determining the amount of the civil penalty to be assessed. The bill would authorize an action to be brought pursuant to these provisions by the Attorney General or by a district attorney, and would require ¹/₂ of the civil penalty collected to be deposited into the Oil Spill Response Trust Fund and ¹/₂ of the civil penalty collected to be deposited into the Environmental Enhancement Fund. By increasing moneys deposited into the Oil Spill Response Trust Fund, a continuously appropriated fund, this bill would make an appropriation.

This bill would require the office, upon receipt of the report, 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 chartered pipelines in submerged oil ~~pipelines~~ pipeline zones 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: YES 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 chartered 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.

(c) Upon receipt of the report described in subdivision (b), 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.

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

(1) “Anchorage designated as proximate to a chartered 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 chartered pipeline in 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) 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.