John Laird

(1) Existing law requires the Director of Fish and Wildlife, within 24 hours of notification of a spill or discharge, as described, to close certain waters to the take of all fish and shellfish. Existing law provides that closure is not required if the Office of Environmental Health Hazard Assessment (OEHHA) finds, within 24 hours of the notification, that a public health threat does not or is unlikely to exist. Existing law requires the director, in consultation with OEHHA, to make specific determinations with regard to the spill or discharge within 48 hours of the notification. Existing law requires the director, within 48 hours of notification or as soon as is feasible, in consultation with OEHHA, to assess and determine the potential danger from consuming fish contained in a recirculating seawater tank onboard a vessel. Existing law requires the director to seek full reimbursement from the responsible parties for the spill or discharge for all reasonable costs incurred by the department in carrying out these provisions. A violation of the Fish and Game Code is a crime.

This bill would revise those provisions by, among other things, authorizing, instead of requiring, after a notification of a spill or discharge the director to close certain waters to the take of all fish or shellfish or to otherwise restrict the take and possession of all fish or shellfish in those waters. The bill would require closure if OEHHA finds that a public health threat exists or is likely to exist, and would require the director, in determining the need for a closure, to initiate consultation with OEHHA no later than 24 hours after a notification of a spill or discharge regarding the likelihood of a public health threat, if specified conditions are met. The bill would also authorize OEHHA to seek full reimbursement for all reasonable costs it incurs. The bill would make it unlawful to take any fish or shellfish from any waters closed pursuant to these provisions or to otherwise violate any restriction imposed pursuant to these provisions. By creating a new crime, the bill would impose a state-mandated local program.

(2) Existing law authorizes the administrator for oil spill response (administrator) to offer grants to a local government, Native American tribe, or other public entity with jurisdiction over or directly adjacent to waters of the state to provide oil spill response equipment to be deployed by a certified local spill response manager, as provided.

This bill would provide that a federally recognized tribe, instead of a Native American tribe, is eligible to receive those grants.

Existing law requires the administrator, taking into consideration the California oil spill contingency plan, to promulgate regulations regarding the adequacy of oil spill elements of area plans adopted pursuant to specified existing law. Existing law authorizes the administrator to offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.

Existing law establishes the Environmental Enhancement Grant Program and requires grants to be awarded to nonprofit organizations, cities, counties, cities and counties, districts, state agencies, and departments.

This bill would provide that a federally recognized tribe is also eligible to receive the above-described grants.

(3) Existing law makes a responsible party, as defined, absolutely liable without regard to fault for any damages incurred by any injured person that arise out of, or are caused by, a spill, with specified exemptions including the discharge or leaking of oil or natural gas from a private pleasure boat or vessel.

This bill would remove the discharge or leaking of oil or natural gas from a private pleasure boat or vessel from those exemptions from liability.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.