Oil spills: fishing: water closure: grants: liability.
Impact
The proposed modifications in SB 839 aim to strike a balance between environmental protection and operational flexibility for the state. By allowing the director to authorize closures based on the likelihood of health threats rather than mandating them, the bill could reduce knee-jerk reactions to spill notifications. However, this may raise concerns about potential risks to public health and environmental safety if closures are not enacted promptly. Moreover, it establishes a framework for reimbursement requests for incurred costs by OEHHA during a crisis, marking an operational shift in financial liabilities associated with oil spills.
Summary
Senate Bill 839, introduced by Senator Laird, focuses on amending several sections of the California Fish and Game Code and the Government Code to enhance the state's response to oil spills. The bill specifically alters the protocols surrounding the closure of waters to fishing after an oil spill, making it more discretionary for the Director of Fish and Wildlife and contingent on assessments from the Office of Environmental Health Hazard Assessment (OEHHA). Instead of an outright requirement to close affected areas, the director can now choose to consult OEHHA before making such determinations, unless a clear public health threat is established.
Sentiment
Overall, discussions surrounding SB 839 present a mix of optimism and skepticism. Supporters argue that the bill fosters a more agile and responsive framework for managing oil spill incidents, enabling authorities to operate without the constraints of mandatory closures. Critics, however, warn that such flexibility could diminish precautionary measures vital for public and environmental safety, potentially allowing for higher risks of exposure to contaminated waters.
Contention
A key point of contention arises from the bill's removal of exemptions for liability that previously applied to discharges from private vessels. Opponents of this change argue that it may impose significant financial burdens on private boat owners, which could deter recreational boating activities. Additionally, the inclusion of federally recognized tribes as eligible entities for grant programs reflects an effort to bolster community involvement in spill response initiatives, though its effectiveness relies on adequate funding and support from the state.