California 2017-2018 Regular Session Status: Passed Senate

SB 588 — Marine resources and preservation.

Last action — June 25 set for second hearing canceled at the request of author.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) Existing law establishes the California Artificial Reef Program, administered by the Department of Fish and Wildlife, to include the placement of artificial reefs, as defined, in state waters and a prescribed study of existing successful reefs and new reefs to determine design criteria. The California Marine Resources Legacy Act (act) establishes a program, administered by the department, to allow partial removal of offshore oil structures. The act authorizes the department to approve the partial removal of offshore oil structures, if specified conditions are satisfied. These conditions include the provision of financial assurances by the applicant to the department to ensure that the applicant will provide sufficient funds to cover the cost of review of the project and the management and maintenance of the structure after the department takes title to the structure, a finding by the Ocean Protection Council that the partial removal of the structure provides a net benefit to the marine environment compared to full removal, a calculation of the cost savings by the State Lands Commission of partial removal of the structure compared to full removal, a contractual agreement between the applicant and the department that provides sufficient funds for overall management of the structure by the department, an indemnification agreement between the applicant and the department, and the apportionment and transmittal by the applicant of a percentage of the cost savings funds in accordance with a prescribed schedule to specified entities and funds, including the California Endowment for Marine Preservation. The act requires the first person to file an application to partially remove an offshore oil structure to pay, in addition to the costs relating to review of the project and management and maintenance of the structure, the startup costs incurred by the department or the State Lands Commission to implement the act and provides for the reimbursement of startup costs from certain funds received by the department from the apportionment of cost savings. This bill would express the intent of the Legislature to end offshore drilling off the coast of California and that the act shall not encourage additional oil and gas leases. This bill would also express the intent of the Legislature to create a responsible and permanent funding source to preserve the resources, biodiversity, and culture of the state, and, by enacting a program to permit the partial conversion of an offshore oil platform to an artificial reef, to encourage the early termination of offshore oil drilling off the coast of California. This bill would revise and recast the California Marine Resources Legacy Act to establish a similar program to allow, 2 years after the payment of startup costs, a prospective transferor, as defined, to offer and the department to accept title to an artificial reef converted from a decommissioned oil and gas platform for incorporation into the California Artificial Reef Program if similar conditions to those described above are met, except if the platform is required to be fully removed by conditions in a lease issued by the State Lands Commission. As part of the implementation of the program, the bill would require the department to revise the Artificial Reef Plan prepared pursuant to the California Artificial Reef Program. The bill would not require the first transferor to pay the startup costs and would instead authorize funding sufficient to fully fund program startup costs for the state, as determined by the department, to be provided to the department for deposit in the Special Deposit Fund, a continuously appropriated fund. The bill would make those funds deposited into the Special Deposit Fund available to the department, the Ocean Protection Council, the State Lands Commission, and the California Coastal Commission for startup costs, thereby making an appropriation. This bill would require a transferor to apportion and transmit a portion of the cost savings to the department or the endowment, as specified, instead of to the specified entities and funds. The bill would require the department or the endowment, as applicable, to apportion those cost savings funds in accordance with the prescribed schedule to the specified entities and funds upon final, nonappealable judicial decisions upholding the department's acceptance of title and all permits and approvals required for the partial removal of the platform or the running of the statutes of limitations applicable to all the permits and approvals, whichever is later. The bill would not require the person who deposited the startup funds in the Special Deposit Fund to be reimbursed for providing those funds but would require the person to identify one proposed transfer of a platform in which 55% of the total amount of the cost savings would be apportioned to the department for apportionment to the specified funds and entities. The bill would authorize a prospective transferor to withdraw its offer at any time before transfer of title becomes effective and would require the department to return funds submitted for review of the offer and certain other funds that have not been expended or committed as of the date of receipt of the notification of withdrawal. The bill would require the department or endowment, as applicable, to promptly return the cost savings to the transferor if the partial removal of the platform is not permitted by a court or governmental agency and the transferor is required to carry out full removal of the platform. (2) The act requires that partial removal comply with the California Environmental Quality Act (CEQA) and requires the Natural Resources Agency to serve as the lead agency for the environmental review under CEQA of a proposed project to partially remove an offshore oil structure. The act requires the Ocean Protection Council, for purposes of determining whether partial removal provides a net environmental benefit, to establish specified criteria and to consult with the department, the California Coastal Commission, the State Lands Commission, the California Ocean Science Trust, and other appropriate entities as to those criteria. This bill would instead require the State Lands Commission to serve as the lead agency for the environmental review under CEQA and would require that partial removal of a platform comply with CEQA if the platform or any of its components, including pipelines, cables, or other accessory structures, are located in state waters, as defined. The bill would define "net environmental benefit" for purposes of the act and would delete the requirement for the council to establish criteria for purposes of making the net environmental benefit determination. The bill would require the council, in determining whether partial removal of the platform would provide a net benefit to the marine environment compared to full removal of the platform, to also consider adverse impacts to air quality and greenhouse gas emissions that would result from full removal compared to partial removal of the platform, in consultation with the State Air Resources Board, consistent with any guidance or information submitted by the local air districts. (3) The act requires the State Coastal Conservancy, upon the department's final approval of the first application, to create and update, as specified, an advisory spending plan for cost savings deposited in the California Endowment for Marine Preservation. The act requires the conservancy to submit a copy of the spending plan and all updates to the Legislature and the Board of Directors of the California Endowment for Marine Preservation. This bill would delete these requirements.

Bill Text

Action History

  1. June 25 set for second hearing canceled at the request of author.

  2. From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  3. From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 12. Noes 2.) (June 27). Re-referred to Com. on NAT. RES.

  4. From committee with author's amendments. Read second time and amended. Re-referred to Com. on W.,P., & W.

  5. Referred to Coms. on W.,P., & W. and NAT. RES.

  6. In Assembly. Read first time. Held at Desk.

  7. Read third time. Passed. (Ayes 30. Noes 4. Page 1274.) Ordered to the Assembly.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 7. Noes 0. Page 1187.) (May 25).

  10. Set for hearing May 25.

  11. May 15 hearing: Placed on APPR. suspense file.

  12. Set for hearing May 15.

  13. May 8 hearing postponed by committee.

  14. Set for hearing May 8.

  15. Re-referred to Com. on APPR.

  16. Withdrawn from committee.

  17. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 1.) (March 28). Re-referred to Com. on JUD.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  19. Set for hearing March 28.

  20. Referred to Coms. on N.R. & W. and JUD.

  21. From printer. May be acted upon on or after March 23.

  22. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hertzberg · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Hertzberg

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

3rd Reading

Passed 30 Yea · 4 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 28205
Democratic 2201
Total 30406
% of votes cast 75%10%0%15%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hill — Yea
Leyva — Nay
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Atkins — Yea
Mitchell — Yea
Beall — Yea
Monning — Yea
Moorlach — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wilk — Yea
De León — Not Voting
Allen — Not Voting
Portantino — Not Voting
Cannella — Yea
Hernandez — Yea
Dodd — Yea
Newman — Nay
Skinner — Not Voting
Wieckowski — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Nay
McGuire, Mike Democratic Nay
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 588 do?
(1) Existing law establishes the California Artificial Reef Program, administered by the Department of Fish and Wildlife, to include the placement of artificial reefs, as defined, in state waters and a prescribed study of existing successful reefs and new reefs to determine design criteria. The California Marine Resources Legacy Act (act) establishes a program, administered by the department, to allow partial removal of offshore oil structures. The act authorizes the department to approve the partial removal of offshore oil structures, if specified conditions are satisfied. These conditions include the provision of financial assurances by the applicant to the department to ensure that the applicant will provide sufficient funds to cover the cost of review of the project and the management and maintenance of the structure after the department takes title to the structure, a finding by the Ocean Protection Council that the partial removal of the structure provides a net benefit to the marine environment compared to full removal, a calculation of the cost savings by the State Lands Commission of partial removal of the structure compared to full removal, a contractual agreement between the applicant and the department that provides sufficient funds for overall management of the structure by the department, an indemnification agreement between the applicant and the department, and the apportionment and transmittal by the applicant of a percentage of the cost savings funds in accordance with a prescribed schedule to specified entities and funds, including the California Endowment for Marine Preservation. The act requires the first person to file an application to partially remove an offshore oil structure to pay, in addition to the costs relating to review of the project and management and maintenance of the structure, the startup costs incurred by the department or the State Lands Commission to implement the act and provides for the reimbursement of startup costs from certain funds received by the department from the apportionment of cost savings. This bill would express the intent of the Legislature to end offshore drilling off the coast of California and that the act shall not encourage additional oil and gas leases. This bill would also express the intent of the Legislature to create a responsible and permanent funding source to preserve the resources, biodiversity, and culture of the state, and, by enacting a program to permit the partial conversion of an offshore oil platform to an artificial reef, to encourage the early termination of offshore oil drilling off the coast of California. This bill would revise and recast the California Marine Resources Legacy Act to establish a similar program to allow, 2 years after the payment of startup costs, a prospective transferor, as defined, to offer and the department to accept title to an artificial reef converted from a decommissioned oil and gas platform for incorporation into the California Artificial Reef Program if similar conditions to those described above are met, except if the platform is required to be fully removed by conditions in a lease issued by the State Lands Commission. As part of the implementation of the program, the bill would require the department to revise the Artificial Reef Plan prepared pursuant to the California Artificial Reef Program. The bill would not require the first transferor to pay the startup costs and would instead authorize funding sufficient to fully fund program startup costs for the state, as determined by the department, to be provided to the department for deposit in the Special Deposit Fund, a continuously appropriated fund. The bill would make those funds deposited into the Special Deposit Fund available to the department, the Ocean Protection Council, the State Lands Commission, and the California Coastal Commission for startup costs, thereby making an appropriation. This bill would require a transferor to apportion and transmit a portion of the cost savings to the department or the endowment, as specified, instead of to the specified entities and funds. The bill would require the department or the endowment, as applicable, to apportion those cost savings funds in accordance with the prescribed schedule to the specified entities and funds upon final, nonappealable judicial decisions upholding the department's acceptance of title and all permits and approvals required for the partial removal of the platform or the running of the statutes of limitations applicable to all the permits and approvals, whichever is later. The bill would not require the person who deposited the startup funds in the Special Deposit Fund to be reimbursed for providing those funds but would require the person to identify one proposed transfer of a platform in which 55% of the total amount of the cost savings would be apportioned to the department for apportionment to the specified funds and entities. The bill would authorize a prospective transferor to withdraw its offer at any time before transfer of title becomes effective and would require the department to return funds submitted for review of the offer and certain other funds that have not been expended or committed as of the date of receipt of the notification of withdrawal. The bill would require the department or endowment, as applicable, to promptly return the cost savings to the transferor if the partial removal of the platform is not permitted by a court or governmental agency and the transferor is required to carry out full removal of the platform. (2) The act requires that partial removal comply with the California Environmental Quality Act (CEQA) and requires the Natural Resources Agency to serve as the lead agency for the environmental review under CEQA of a proposed project to partially remove an offshore oil structure. The act requires the Ocean Protection Council, for purposes of determining whether partial removal provides a net environmental benefit, to establish specified criteria and to consult with the department, the California Coastal Commission, the State Lands Commission, the California Ocean Science Trust, and other appropriate entities as to those criteria. This bill would instead require the State Lands Commission to serve as the lead agency for the environmental review under CEQA and would require that partial removal of a platform comply with CEQA if the platform or any of its components, including pipelines, cables, or other accessory structures, are located in state waters, as defined. The bill would define "net environmental benefit" for purposes of the act and would delete the requirement for the council to establish criteria for purposes of making the net environmental benefit determination. The bill would require the council, in determining whether partial removal of the platform would provide a net benefit to the marine environment compared to full removal of the platform, to also consider adverse impacts to air quality and greenhouse gas emissions that would result from full removal compared to partial removal of the platform, in consultation with the State Air Resources Board, consistent with any guidance or information submitted by the local air districts. (3) The act requires the State Coastal Conservancy, upon the department's final approval of the first application, to create and update, as specified, an advisory spending plan for cost savings deposited in the California Endowment for Marine Preservation. The act requires the conservancy to submit a copy of the spending plan and all updates to the Legislature and the Board of Directors of the California Endowment for Marine Preservation. This bill would delete these requirements.
Who sponsors SB 588?
SB 588 is sponsored by Hertzberg.
What is the current status of SB 588?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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 SB 588?
Track SB 588 free on One Click Politics — get push/email alerts when it moves.

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