Oil Spill Legislation

California policy-makers are currently considering a package of legislative measures to reduce the threat of future oil spills and to ensure that California will be ready if another spill does occur. Baykeeper has been actively involved in the process, testifying at legislative hearings about what we witnessed on the water and shorelines during the Cosco Busan spill response, getting feedback from affected communities and working with legislators to draft the bills.

CALIFORNIA ASSEMBLY

The current package of legislation under consideration by the California State Assembly addresses marine oil spills like the Cosco Busan and inland oil spills from refineries and pipelines, as well as the transportation of hazardous cargo through the Bay. The bills also highlight the importance of enabling local communities to be an effective part of any oil spill response efforts.

The bills will be considered by the Committee on Natural Resources at a hearing on April 7, 2008. Baykeeper Staff Scientist Jen Kovecses will testify at the hearing, communicating our strong support for the swift passage of the legislation.

Make Your Voice Heard!
Contact your legislators to express support for the passage of these important oil spill bills.

Read below for more details about the oil spill legislation.

Introduced by Loni Hancock  

AB 2031: Ensures that local resources are utilized in responding to spills.

AB 2031 will empower shoreline communities to protect their treasured coastal areas and ensure that local resources are fully utilized in responding to future oil spills. The bill addresses communication gaps evidenced by handicapped response efforts in the crucial first hours of the Cosco Busan spill.  AB 2031 requires prompt notification of local emergency responders when a spill occurs and creates a smart long-term readiness plan for communities.  The bill 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.

AB 2032: Increases the liability limits for container ships that cause oil
spills.

AB 2032 will strengthen the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 by increasing the liability limits for container ships like the Cosco Busan.  The bill also provides badly needed financial relief for the Oil Spill Response Trust Fund following 10 years of inflation and increases in spill response costs without adjustment to the fund. AB 2032 nearly doubles the amount of funds available for spill response and preparedness in California, ensuring that if another spill happens, we will be ready. 

Introduced by Jared Huffman

AB 2935: Ensures better protection of sensitive areas like Brooks Island, Richardson Bay and the Marin coastline.

The Cosco Busan spill made it clear that existing measures to protect ecologically sensitive areas like Bolinas Lagoon during a spill event are inadequate.  If another spill occurs, AB 2935 will ensure better communication between state and local agencies and the immediate and effective utilization of available resources.  AB 2935 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 will also improve the preparedness of local communities by establishing an emergency training protocol to enable volunteers to respond as soon as possible after a spill. 

Introduced by Lois Wolk

AB 2911: Provides more teams to rescue oiled birds.

The Cosco Busan oil spill resulted in the death of more than 2,000 birds and wildlife in the San Francisco Bay, including federally endangered and threatened species.  AB 2911 ensures that the Oiled Wildlife Care Network (“OWCN”), the network of wildlife care providers that provides rehabilitation for aquatic birds and marine mammals, maintains a constant state of readiness.  AB 2911 expands the operations capacity of OWCN and provides funding to train more rescue teams to collect and treat oiled wildlife in the event of a spill. 

AB 2912: Improves response to spills from trucks and on-shore pipelines.

Although inland oil spills are generally smaller and get less media coverage than marine oil spills, the reality is that inland spills account for the vast majority of oil spills in California. Currently, the Office of Spill Prevention and Response (OSPR) responds to less than 20 percent of estuarine and freshwater spills reported.  AB 2912 expands OSPR’s mandate and requires OSPR to respond to inland oil spills that impact fish and wildlife resources and threaten California waters.  The bill authorizes the use of OSPR funds and the implementation of a civil penalty program for inland oil spills.  AB 2912 ensures that California oil spill policy is comprehensive in its coverage, and doesn’t singularly address highly publicized ocean oil spills.

Introduced by Mark Leno

AB 2547: Establishes a grant program to develop better oil spill containment technology

Despite the mandate of the Office of Spill Prevention and Response (OSPR) that spill responders use the “best available technology,” most of the technologies currently used in cleanup were developed in the 1960s and are outdated and inadequate.  AB 2547 will prompt a badly-needed update of the technology in use for oil spill prevention, response, containment, cleanup, and wildlife rehabilitation.   The bill provides five million dollars annually for research grants to develop oil spill technologies and ensures continued government involvement by mandating a periodic evaluation of emerging technologies every five years. 

AB 2547 also increases OSPR’s initial minimum response standards and requires competing response organizations to work together in the crucial first hours following a spill.  Testimony about the Cosco Busan spill before the Assembly Natural Resources Committee revealed that current regulations for the initial minimum response to an oil spill are woefully inadequate.  OSPR requires the deployment of 600 feet of containment boom in the first hour after a spill for a 900 foot ship like the Cosco Busan.  Had more boom been deployed to surround the ship and better response equipment been used, much of the spilled bunker fuel might have been contained. 

Introduced by Sally Lieber

AB 2441: Expands regulations to hazardous cargo.

AB 2441 requires tugboat escorts for vessels carrying hazardous materials within California’s harbors.  Current law requires that oil tankers and barges in California harbors use a tugboat escort.  However, ships that carry other hazardous cargoes, like pesticides and acids, are exempt from the law. These ships pose serious environmental and public health threats.  In order to truly protect the Bay from future spills we must broaden the application of safety procedures in place for oil tankers to apply to all ships carrying hazardous cargo. California should not wait for a ship containing hazardous chemicals to have an accident before passing this law; let’s pass AB 2441 before tragedy occurs.

CALIFORNIA STATE SENATE

Introduced by Carole Migden

SB 1056: Improves notification to local authorities and requires a faster oil spill response time.

Introduced by Alan Lowenthal

SB 965: Funds technology to provide real time information on currents in the Bay.

Introduced by Joe Simitian

SB 578: Improves emergency planning for refineries.