Oil Spill Reform State Legislation
Baykeeper has worked with state legislators to develop and support legislation that will improve oil spill preparedness and response measures in California. On September 29, 2008, Governor Schwarzenegger took action on the ten oil spill bills that reached his desk.
Oil Spill Bills Signed Into Law by the Governor
Oil Spill Preparedness
SB 1739 (Simitian) will ensure first-responders are adequately trained and prepared to take action on marine oil spills by ensuring that routine, thorough emergency drills and practices are taking place. The bill makes it mandatory that oil spill response organizations (OSROs) demonstrate through inspections and unannounced drills, that they can deploy the response resources outlined in their contingency plans.
Inland Oil Spills
AB 1960 (Nava) increases oil spill fines that will require tougher oversight of inland oil-producing facilities and sets new standards and provides new abilities to the Department of Conservation’s Division of Oil, Gas & Geothermal Resources in the effort to enhance oil spill response in California.
AB 2911 (Wolk) implements the Department of Finance’s recommendation to specify the Department of Fish and Game's Oil Spill Prevention and Response (OSPR) program as the lead in preventing, responding to and mitigating inland oil spills. AB 2911 properly places responsibility on the trained, on-the-ground responders at OSPR.
Communication and Coordination
AB 2031 (Hancock) requires prompt notification of local emergency responders when a spill occurs and ensures that if an oil spill happens in the future, local volunteers will be trained to respond and adequately equipped with booms and cleanup gear. (Sponsored by San Francisco Baykeeper.)
AB 2935 (Huffman) mandates that the Office of Emergency Services coordinate local and regional agency action to create the greatest degree of readiness for future oil spills. The bill ensures better protection of sensitive areas like Brooks Island, Richardson Bay and the Marin coastline.
Oiled Wildlife
AB 2911 & 2912 (Wolk) makes the Oiled Wildlife Care Network responsible for the proactive search for and rescue of oiled wildlife and by improving the number and capacity to train volunteers used in rescuing oiled wildlife.
Increasing Oversight of the Board of Pilot Commissioners
The Board of Pilot Commissioners issues licenses to the local mariners who bring ships in and out of the bay by requiring audits and annual status reports. Questions about the Board arose after the pilot in the Cosco Busan, Capt. John Cota of Petaluma, was found to have been suffering sleep apnea and taking medication that can impair judgment.
SB 1217 (Yee) will require the Board of Pilot Commissioners to submit an annual report to the Legislature, beginning February 2010, that provides information on each pilot and trainee, vessel movements, investigations of reported incidents and the financial status of the Board of Pilot Commissioners.
SB 1627 (Wiggins) will place the Board of Pilot Commissioners under the direct oversight of the Business, Transportation and Housing Agency, as opposed to its current independent status. The bill also clarifies that all additional state administrative costs will be borne by the Board Operations special fund and creates new special funds for pilot and trainee training.
Oil Spill Bills Vetoed by the Governor
The Governor vetoed the following three oil spill bills.
SB 1056 (Migden) would have required cleanup crews to respond to oil spills no more than two hours after a spill in San Francisco Bay, instead of the current requirement of six hours.
AB 2547 (Leno) would have established California Oil Spill Prevention and Cleanup Technology Grants to encourage the development of new spill response technologies. It requires a minimum containment response when a spill occurs in low-visibility conditions, mandates a mutual aid agreement that enables spill response organizations to utilize the resources of another when needed, and requires that vital local response resources are ready to respond within 30 minutes.
AB 2032 (Hancock) would have increased the cap on the OSPAF barrel fee from 5 to 8 cents, which is necessary to provide a reliable long-term funding source for the state's oil spill program and fund the program improvements the other bills make.
Oil Spill Bills Not Passed by the Legislature
The following two bills did not pass the State Legislature.
AB 2441 (Lieber) would have required tugboat escorts for vessels carrying hazardous materials within California's harbors, the same as oil tankers are now required to have. This bill did not pass out of Appropriations after the State Department of Fish and Game opposed it, saying it would cost $125,000 to hire a state employee to oversee and enforce the rules, and that defining what chemicals to regulate could prove difficult.
SB 965 (Lowenthal) would have funded technology to provide real time information on currents in the Bay. The bill failed early on in the process in February 2008 and never made it out of the Senate Appropriations Committee.