California 2009-2010 Regular Session Status: To Executive

AB 234 — Oil spill prevention and response: transfer of oil: State Lands Commission.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) 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, including drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the administrator to adopt and implement regulations regarding the equipment, personnel, and operation of vessels to and from marine terminals that are used to transfer oil. This bill would require the administrator to adopt regulations governing oil transfers that would require a transfer unit, as defined, to provide, at the point of transfer, appropriate equipment and supplies for the containment and removal of spills of oil in water adjacent to the transfer site. The regulations would require the transfer unit, prior to beginning an oil transfer, to preboom each oil transfer for the duration of the transfer, unless prebooming is determined not to be safe and effective. (2) Existing law imposes an oil spill prevention and administration fee in an amount determined by the administrator to implement oil spill prevention activities, but not to exceed $0.05 per barrel of crude oil or petroleum products, on persons owning crude oil or petroleum products at a marine terminal. The fee is deposited into the Oil Spill Prevention and Administration Fund in the State Treasury. Upon appropriation by the Legislature, moneys in the fund are available for specified purposes. This bill would revise that fee to an amount not to exceed $0.06 per barrel of crude oil or petroleum products. The bill would also authorize the administrator to adjust the maximum fee annually as measured by the California Consumer Price Index. (3) Existing law requires the administrator to charge a nontank vessel owner or operator a reasonable fee, to be collected with each application to obtain a certificate of financial responsibility, in an amount that is based upon the administrator's costs in implementing certain provisions relating to nontank vessels. Revenue from the fee is deposited into the Oil Spill Prevention and Administration Fund for appropriation by the Legislature for specified purposes. This bill would establish that fee at $3,000 per nontank vessel. (4) Under existing law, the State Lands Commission has jurisdiction over state lands and ungranted tidelands and submerged lands owned by the state. This bill would require the State Lands Commission, on or before March 1, 2011, to report to the Legislature on regulatory action, pending or already taken, and statutory recommendations for the Legislature to ensure maximum safety and prevention of harm during offshore oil drilling. This provision would be repealed on January 1, 2015.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 5 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 45. Noes 28. Page 6836.)

  4. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 6. Noes 3.) (August 26).

  5. Joint Rule 62(a), file notice suspended.

  6. Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 21. Noes 14. Page 4800.)

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 7. Noes 1.) (August 2).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 29).

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  15. In committee: Hearing postponed by committee.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  17. From committee: Do pass, and re-refer to Com. on N.R. & W. Re-referred. (Ayes 5. Noes 2.) (June 14).

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  19. In committee: Hearing postponed by committee.

  20. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  21. Re-referred to Coms. on EQ. and N.R. & W.

  22. Re-referred to Com. on RLS.

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  24. In committee: Held under submission.

  25. In committee: Placed on Appropriations suspense file.

  26. In committee: Hearing postponed by committee.

  27. Withdrawn from committee. Re-referred to Com. on APPR.

  28. Read second time, amended, and re-referred to Com. on EQ.

  29. From committee: Amend, do pass as amended, and re-refer to Com. on EQ. (Ayes 11. Noes 0.) (July 7).

  30. In committee: Hearing postponed by committee.

  31. In committee: Hearing postponed by committee.

  32. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  33. Referred to Coms. on E., U., & C. and EQ.

  34. In Senate. Read first time. To Com. on RLS. for assignment.

  35. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1632.)

  36. Read second time. To Consent Calendar.

  37. Read second time and amended. Ordered returned to second reading.

  38. From committee: Amend, and do pass as amended. To Consent Calendar. (May 13).

  39. Re-referred to Com. on APPR.

  40. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  41. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 13. Noes 0.) (April 28).

  42. Re-referred to Com. on W.,P. & W.

  43. Read second time and amended.

  44. From committee: Amend, do pass as amended, and re-refer to Com. on W.,P. & W. (Ayes 15. Noes 0.) (April 20).

  45. Re-referred to Com. on U. & C.

  46. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

  47. Referred to Coms. on U. & C. and W.,P. & W.

  48. From printer. May be heard in committee March 8.

  49. Read first time. To print.

Sponsors

  • Huffman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Huffman

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 234 HUFFMAN Concurrence in Senate Amendments

Passed 52 Yea · 31 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 482907
Democratic 3000
Republican 1200
Total 523107
% of votes cast 58%34%0%8%
How each member voted (90)
Member Party Vote
Yamada — Yea
Carter — Yea
Chesbro — Yea
Conway — Nay
Eng — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Hall — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Hill — Yea
Huffman — Yea
Anderson — Nay
Bass — Yea
Block — Yea
Davis — Yea
Ma — Yea
Monning — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torrico — Yea
Fletcher — Nay
Audra — Nay
Fong — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Mendoza — Not Voting
Nestande — Nay
Norby — Nay
Smyth — Nay
Torres — Not Voting
Villines — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Lieu — Yea
Logue — Nay
Miller — Nay
Nava — Yea
Nielsen — Nay
Silva — Nay
Torlakson — Yea
Tran — Nay
Feuer — Yea
DeVore — Nay
Galgiani — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Senate amendments be concurred in.

Passed 7 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7300
Total 7300
% of votes cast 70%30%0%0%
How each member voted (10)
Member Party Vote
Chesbro — Yea
Gilmore — Nay
Hill — Yea
Huffman — Yea
Knight — Nay
De — Yea
Leon — Yea
Skinner — Yea
Brownley — Yea
Logue — Nay

Official roll call →

Assembly 3rd Reading AB234 Huffman By Leno

Passed 21 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 191305
Democratic 2000
Republican 0100
Total 211405
% of votes cast 53%35%0%13%
How each member voted (40)
Member Party Vote
Wyland — Nay
Florez — Yea
Hancock — Yea
Yee — Yea
Lowenthal — Yea
Cedillo — Yea
Cogdill — Nay
Harman — Not Voting
Hollingsworth — Nay
Leno — Yea
Runner — Nay
Negrete — Not Voting
Liu — Yea
McLeod — Not Voting
Oropeza — Not Voting
Corbett — Yea
Alquist — Yea
Ashburn — Nay
Ducheny — Yea
Dutton — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Blakeslee — Nay
Huff — Nay
Kehoe — Yea
Simitian — Yea
Wiggins — Not Voting
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7103
Total 7103
% of votes cast 64%9%0%27%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Kehoe — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Ashburn — Nay
Leno — Yea
Walters — Not Voting
Wyland — Not Voting
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Corbett — Yea
Cox — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Wolk — Yea
Kehoe — Yea
Walters — Yea
Denham — Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Environmental Quality.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 8000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Kehoe — Yea
Wright — Yea
Benoit — Yea
Simitian — Yea
Wiggins — Yea
Corbett — Yea
Cox — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 234 HUFFMAN Consent Calendar Second Day Regular Session

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 5000
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Eng — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Duvall — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Feuer — Yea
Fuentes — Not Voting
Furutani — Yea
Galgiani — Yea
Bass — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Not Voting
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
Yamada — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Harkey — Yea
Krekorian — Yea
Duvall — Yea
Miller — Yea
Nielsen — Yea
Solorio — Yea
Ammiano — Yea
Price — Yea
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Democratic 3000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Tom — Yea
Berryhill — Yea
Fletcher — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Salas — Yea
Huffman — Yea
Krekorian — Yea
Anderson — Yea
Blumenfield — Yea
Yamada — Yea
Fuller — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Lowenthal, Josh Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Water, Parks and Wildlife.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Tom — Yea
Berryhill — Yea
Fuller — Yea
De — Yea
La — Yea
Torre — Yea
Blakeslee — Yea
Duvall — Yea
Krekorian — Yea
Smyth — Yea
Huffman — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Carter — Yea
Fuentes — Yea
Furutani — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

public-safety environment energy
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Frequently asked questions

What does AB 234 do?
(1) 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, including drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the administrator to adopt and implement regulations regarding the equipment, personnel, and operation of vessels to and from marine terminals that are used to transfer oil. This bill would require the administrator to adopt regulations governing oil transfers that would require a transfer unit, as defined, to provide, at the point of transfer, appropriate equipment and supplies for the containment and removal of spills of oil in water adjacent to the transfer site. The regulations would require the transfer unit, prior to beginning an oil transfer, to preboom each oil transfer for the duration of the transfer, unless prebooming is determined not to be safe and effective. (2) Existing law imposes an oil spill prevention and administration fee in an amount determined by the administrator to implement oil spill prevention activities, but not to exceed $0.05 per barrel of crude oil or petroleum products, on persons owning crude oil or petroleum products at a marine terminal. The fee is deposited into the Oil Spill Prevention and Administration Fund in the State Treasury. Upon appropriation by the Legislature, moneys in the fund are available for specified purposes. This bill would revise that fee to an amount not to exceed $0.06 per barrel of crude oil or petroleum products. The bill would also authorize the administrator to adjust the maximum fee annually as measured by the California Consumer Price Index. (3) Existing law requires the administrator to charge a nontank vessel owner or operator a reasonable fee, to be collected with each application to obtain a certificate of financial responsibility, in an amount that is based upon the administrator's costs in implementing certain provisions relating to nontank vessels. Revenue from the fee is deposited into the Oil Spill Prevention and Administration Fund for appropriation by the Legislature for specified purposes. This bill would establish that fee at $3,000 per nontank vessel. (4) Under existing law, the State Lands Commission has jurisdiction over state lands and ungranted tidelands and submerged lands owned by the state. This bill would require the State Lands Commission, on or before March 1, 2011, to report to the Legislature on regulatory action, pending or already taken, and statutory recommendations for the Legislature to ensure maximum safety and prevention of harm during offshore oil drilling. This provision would be repealed on January 1, 2015.
Who sponsors AB 234?
AB 234 is sponsored by Huffman.
What is the current status of AB 234?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 234?
Track AB 234 free on One Click Politics — get push/email alerts when it moves.

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