California 2011 2011-2012 Regular Session

California Assembly Bill AB2005 Amended / Bill

Filed 05/01/2012

 BILL NUMBER: AB 2005AMENDED BILL TEXT 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  to   of  the Government Code, relating to oil spills  , and declaring the urgency thereof, to take effect immediately  . LEGISLATIVE COUNSEL'S DIGEST AB 2005, as amended, 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  an operator of   , until January 1, 2015,  a nontank vessel  within a specific range of gross tonnage  that is not used for commercial purposes to submit to the administrator,  at least 96 hours prior to the vessel's arrival in the waters of the state,  evidence of financial responsibility, payment of the applicable fee, and vessel particulars before the arrival of the vessel in the waters of the state  ,  and to submit other required documents within 14 days after the arrival of the vessel.  This bill would declare that it is to take effect immediately as an urgency statute.  Vote:  majority   2/3  . Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 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  or other law  ,  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  the  arrival in the waters of the state  of a nontank vessel that is not used for commercial purposes, the operator of the vessel shall   ,  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. (b) The 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.  (c) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, 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.