Bill Text: CA AB2005 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Oil spills: nontank vessels: contingency plans and

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-09-25 - Chaptered by Secretary of State - Chapter 543, Statutes of 2012. [AB2005 Detail]

Download: California-2011-AB2005-Chaptered.html

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BILL NUMBER: AB 2005	CHAPTERED
	BILL TEXT

	CHAPTER  543
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2012
	PASSED THE SENATE  AUGUST 13, 2012
	PASSED THE ASSEMBLY  AUGUST 16, 2012
	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  MAY 1, 2012
	AMENDED IN ASSEMBLY  APRIL 10, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 23, 2012

   An act to add and repeal Section 8670.5.1 of the Government Code,
relating to oil spills, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2005, Garrick. Oil spills: nontank vessels: contingency plans
and financial responsibility.
   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. The act requires a nontank vessel to submit to
the administrator specified documents and evidence of financial
responsibility.
   This bill would specifically require, until January 1, 2014, the
owner or operator of a nontank vessel within a specific range of
gross tonnage that is not used for commercial purposes to submit, as
specified, evidence of financial responsibility, payment of the
applicable fee, graywater information, sewage information, and vessel
particulars at least 96 hours prior to the vessel's arrival in the
marine waters of the state, and to submit other required documents
within 14 days after the arrival of the vessel. This bill would
exempt from these requirements a vessel with insufficient graywater
and sewage holding capacity to store graywater and sewage while the
vessel is in marine waters of the state and any vessel for which a
contingency plan has previously been denied or revoked.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8670.5.1 is added to the Government Code, to
read:
   8670.5.1.  (a) Notwithstanding other provisions of this chapter,
an owner or operator of a nontank vessel that is not used for
commercial purposes and that weighs 300 gross tons or greater, but
less than 400 gross tons, shall, at least 96 hours prior to arrival
in the marine waters of the state, submit to the administrator all of
the following:
   (1) Evidence of financial responsibility required pursuant to
Section 8670.37.58.
   (2) Payment of the nontank vessel fee pursuant to Section 8670.41.

   (3) The vessel's particulars, such as the size and dimensions of
the vessel and any other information required by the administrator.
   (4) Graywater information, including the vessel's ability to store
graywater while in marine waters of the state, and size and capacity
of any graywater holding tanks, as measured in metric tons.
   (5) Sewage information, including the vessel's ability to store
sewage while in marine waters of the state, and size and capacity of
any sewage holding tanks, as measured in metric tons.
   (b) Information required to be submitted to the administrator
pursuant to paragraphs (4) and (5) of subdivision (a) shall also be
submitted to the State Water Resources Control Board.
   (c) The owner or operator of the nontank vessel that is not used
for commercial purposes shall submit other documents required by this
chapter within 14 days after the arrival of the vessel in the marine
waters of the state.
   (d) This section shall not apply to an owner or operator of either
of the following:
   (1) A vessel with insufficient graywater and sewage holding
capacity to store graywater and sewage while the vessel is in marine
waters of the state.
   (2) A vessel for which a contingency plan has previously been
denied or revoked.
   (e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   To ensure the orderly arrival of nontank vessels attending the
America's Cup event in the San Francisco Bay, it is necessary for
this measure to take effect immediately.