BILL NUMBER: AB 2441	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN ASSEMBLY  MAY 23, 2008

INTRODUCED BY   Assembly Member Lieber
   (Principal coauthor: Assembly Member DeSaulnier)
   (Coauthors: Assembly Members Coto, Hancock, Huffman, Jones, Leno,
Mullin, Nava, Ruskin, Torrico, and Wolk)
   (Coauthor: Senator Maldonado)

                        FEBRUARY 21, 2008

   An act to amend Section 8670.17.2 of the Government Code, relating
to oil spill prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2441, as amended, Lieber. Oil spill prevention and response:
regulations: tugboat escorts: hazardous materials.
   The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
requires the administrator for oil spill response to adopt
regulations governing tugboat escorts for tankships and tank barges
entering, leaving, or navigating in the harbors of the state, as
prescribed.
   This bill would additionally require the administrator to adopt
regulations governing tugboat escorts for vessels carrying hazardous
materials,  as defined,  as cargo in bulk quantities  ,
as defined  , that are entering, leaving, or navigating in the
harbors of the state.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 8670.17.2 of the Government Code is amended to
read:
   8670.17.2.  (a) The administrator shall adopt regulations 
governing tugboat escorts for tank ships, tank barges, and vessels
carrying hazardous materials, as cargo in bulk quantities, that are
  governing tugboat escorts for a tankship, tank barge,
or vessel that carries hazardous material, as cargo in a bulk
quantity, that is  entering, leaving, or navigating in the
harbors of the state. The regulations shall be adopted, and
thereafter periodically revised, to ensure the best achievable
protection of the public health and safety and the environment.
   (b) The regulations adopted pursuant to subdivision (a) shall
include, but not be limited to, a determination of the circumstances
 under which tank ships, tank barges, and vessels carrying
hazardous materials, as cargo in bulk quantities, are required to be
  under which a tankship, tank barge, or vessel that
carries hazardous material, as cargo in a bulk quantity, is required
to be  accompanied by a tugboat or tugboats of sufficient size,
horsepower, and pull capability while entering, leaving, or
navigating in the harbors of the state. In making that determination,
the administrator shall be guided by the recommendations of the
harbor safety committees established pursuant to Section 8670.23.
   (c) The administrator may adopt regulations that differ from the
recommendations of the harbor safety committees only after a public
hearing. If the administrator proposes to adopt regulations that
require the use of tugboat escorts in fewer instances in the harbors
of San Francisco, San Pablo, and Suisun Bays than that which is
recommended by the Harbor Safety Committee for San Francisco, San
Pablo, and Suisun Bays, the administrator shall, in a public hearing,
adopt findings, based on substantial evidence, that the proposed
regulations provide adequate protection and are consistent with the
purposes of this chapter.
   (d) A public hearing held in accordance with Section 11346.8 shall
satisfy the public hearing requirement of subdivision (c). 
   (e) For the purposes of this section, the following terms have the
following meanings:  
   (1) "Hazardous material" has the same meaning as that set forth in
subdivision (d) of Section 25260 of the Health and Safety Code.
 
   (2) "Bulk quantity" means a sufficient quantity of a particular
hazardous material such that a release of that quantity of hazardous
material into the waters of the state or the atmosphere would pose a
risk to public health and safety or to the environment. 

   (e) 
    (f)  The Legislature hereby finds and declares that the
appropriate use of tugboat escorts can improve vessel safety,
particularly in the harbors of San Francisco, San Pablo, and Suisun
Bays, and that the regulations concerning tugboat escorts in those
harbors shall be adopted as quickly as practicable and may be adopted
before the adoption of all other regulations required by this
section.