California 2015-2016 Regular Session Status: Enacted 1 D cosponsors

AB 864 — Oil spill response: environmentally and ecologically sensitive areas.

Last action — Chaptered by Secretary of State - Chapter 592, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 26, 2015. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act requires owners or operators of various facilities, including pipelines, while operating in the waters of the state or where a spill from the pipelines could impact state waters, to have an oil spill contingency plan submitted to, and approved by, the administrator for oil spill response to ensure prompt and adequate response and removal action in case of a spill. The act requires the operator to maintain a level of readiness that will allow effective implementation of the applicable contingency plan. The Elder California Pipeline Safety Act of 1981, among other things, requires the State Fire Marshal to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety. The act requires any new pipeline constructed after January 1, 1984, and which normally operates under conditions of constant flow and pressure, to be designed and constructed in accordance with specified federal regulations, and have a means of leak detection and cathodic protection that the State Fire Marshal determines is acceptable. A violation of the act is a crime. Except as provided, the act defines "pipeline" as including every intrastate pipeline used to transport hazardous liquid substances or highly volatile liquid substances, as provided. This bill would require, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife. The bill would require, by July 1, 2018, an operator of an existing pipeline near these sensitive areas to submit a plan to retrofit the pipeline, by January 1, 2020, as provided. By creating a new crime, the bill would impose a state-mandated local program. The bill would require the State Fire Marshal to adopt regulations relating to the above provisions by July 1, 2017. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 592, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 11. Page 3203.).

  5. Action rescinded whereby the bill was re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

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

  7. In Assembly. Concurrence in Senate amendments pending.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 5. Page 2684.).

  9. Read second time. Ordered to third reading.

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

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

  12. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27).

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

  14. In committee: Referred to APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (July 14). Re-referred to Com. on APPR.

  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. Re-referred to Com. on N.R. & W.

  18. Re-referred to Com. on RLS.

  19. Withdrawn from 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 E.Q.

  21. In committee: Set, first hearing. Hearing canceled at the request of author.

  22. Referred to Com. on E.Q.

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

  24. Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 14. Page 1477.)

  25. Read second time. Ordered to third reading.

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

  27. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (April 29).

  28. Re-referred to Com. on APPR.

  29. Read second time and amended.

  30. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 13).

  31. Referred to Com. on NAT. RES.

  32. From printer. May be heard in committee March 29.

  33. Read first time. To print.

Sponsors

  • Burke · Cosponsor
  • Chiu · Cosponsor
  • Rendon · Cosponsor
  • Ting · Cosponsor
  • Williams · Primary
  • Wood · Cosponsor
  • Corey A. Jackson · Cosponsor
  • Mark Stone · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 114 not signed on · 8 voted No

Sponsors (1)

  • Williams

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"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

Passed 65 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 58904
Democratic 4000
Republican 3200
Total 651104
% of votes cast 81%14%0%5%
How each member voted (80)
Member Party Vote
Baker — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
McCarty — Yea
Melendez — Not Voting
Mullin — Yea
Obernolte — Nay
Perea — Yea
Rodriguez — Yea
Thurmond — Yea
Wagner — Nay
Weber — Yea
Eggman — Yea
Chu — Yea
Daly — Yea
Frazier — Yea
Campos — Yea
Gatto — Yea
Salas — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Mayes — Yea
Gray — Yea
Medina — Yea
Lopez — Yea
Nazarian — Yea
O'Donnell — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Olsen — Yea
Achadjian — Yea
Alejo — Yea
Rendon — Yea
Burke — Yea
Chang — Yea
Chiu — Yea
Gomez — Yea
Gordon — Yea
Hadley — Yea
Cooley — Yea
Atkins — Yea
Kim — Yea
Linder — Yea
Mathis — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Chau — Not Voting
Chávez — Nay
Harper — Nay
Wilk — Nay
Williams — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 32 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 29503
Democratic 3000
Total 32503
% of votes cast 80%13%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Nielsen — Nay
Wolk — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Allen — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Runner — Not Voting
Hancock — Yea
Bates — Yea
Block — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Huff — Not Voting
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Lara — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Nay
Hill — Yea
Beall — Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Mendoza — Yea
Nielsen — Yea
Lara — Yea
Leyva — Yea

Official roll call →

Passed 62 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 57904
Democratic 4000
Republican 1500
Total 621404
% of votes cast 78%18%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bloom — Yea
Brown — Yea
Linder — Yea
Maienschein — Yea
Perea — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Nay
Waldron — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Burke — Yea
Gatto — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Lopez — Yea
Levine — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Alejo — Yea
Campos — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Atkins — Yea
Hadley — Yea
Harper — Nay
Kim — Not Voting
Chang — Nay
Chau — Yea
Chu — Yea
Mathis — Not Voting
Baker — Yea
Bigelow — Nay
Brough — Nay
Mayes — Not Voting
Melendez — Not Voting
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Ting — Yea
Wilk — Nay
Wood — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Rodriguez — Yea
Weber — Yea
Williams — Yea
Gonzalez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10300
Democratic 2000
Republican 0200
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Wagner — Nay
Weber — Yea
Eggman — Yea
Gomez — Yea
Holden — Yea
Chang — Nay
Bigelow — Nay
Daly — Yea
Quirk — Yea
Rendon — Yea
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 864 do?
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act requires owners or operators of various facilities, including pipelines, while operating in the waters of the state or where a spill from the pipelines could impact state waters, to have an oil spill contingency plan submitted to, and approved by, the administrator for oil spill response to ensure prompt and adequate response and removal action in case of a spill. The act requires the operator to maintain a level of readiness that will allow effective implementation of the applicable contingency plan. The Elder California Pipeline Safety Act of 1981, among other things, requires the State Fire Marshal to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety. The act requires any new pipeline constructed after January 1, 1984, and which normally operates under conditions of constant flow and pressure, to be designed and constructed in accordance with specified federal regulations, and have a means of leak detection and cathodic protection that the State Fire Marshal determines is acceptable. A violation of the act is a crime. Except as provided, the act defines "pipeline" as including every intrastate pipeline used to transport hazardous liquid substances or highly volatile liquid substances, as provided. This bill would require, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife. The bill would require, by July 1, 2018, an operator of an existing pipeline near these sensitive areas to submit a plan to retrofit the pipeline, by January 1, 2020, as provided. By creating a new crime, the bill would impose a state-mandated local program. The bill would require the State Fire Marshal to adopt regulations relating to the above provisions by July 1, 2017. 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.
Who sponsors AB 864?
AB 864 is sponsored by Burke, Chiu, Rendon, Ting, Williams, Wood, Jackson, Corey A. (Democratic), and Mark Stone.
What is the current status of AB 864?
This bill has been enacted into law. Introduced February 26, 2015. Enacted.
Where can I track AB 864?
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