California 2015-2016 Regular Session Status: Passed Senate

SB 233 — Marine resources and preservation.

Last action — August 11 hearing. Held in committee and under submission.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) The California Marine Resources Legacy Act establishes a program, administered by the Department of Fish and Wildlife, to allow partial removal of offshore oil structures. The act authorizes the department to approve the partial removal of offshore oil structures, if specified criteria are satisfied. The act requires the first person to file an application to partially remove an offshore oil structure to pay, in addition to other specified costs, the startup costs incurred by the department or the State Lands Commission to implement the act, including the costs to develop and adopt regulations, and requires the payment of startup costs to be reimbursed by the department, as specified. The act requires an applicant, upon conditional approval for removal, to apportion a percentage of the cost-savings funds in accordance with a prescribed schedule to specified entities and funds. The act defines "cost savings" to mean the difference between the estimated cost to the applicant of complete removal of an oil platform, as required by state and federal leases, and the estimated costs to the applicant of partial removal of the oil platform pursuant to the act. Before the first application to partially remove an offshore oil structure is filed, this bill would authorize a prospective applicant to pay a portion of the startup costs in an amount determined by the department to be necessary for staff and other costs in anticipation of receipt of the first application. The bill would require an applicant, upon conditional approval for partial removal of an offshore oil structure, to apportion and transmit a portion of the cost savings to the department, instead of to the specified entities and funds. The bill would require the department to apportion those cost-savings funds received from the applicant in accordance with the prescribed schedule to the specified entities if certain criteria are satisfied. The bill would require the department to apportion the cost-savings funds received from the applicant who elects to pay a portion of the startup costs before the first application is filed and who files the first application in accordance with the prescribed schedule based on when the application was submitted rather than when the cost savings are transmitted. The bill would authorize the applicant to withdraw the application at any time before final approval and would require the department to return specified funds, including startup costs, submitted to process the application that have not been expended as of the date of receipt of the notification of withdrawal. The bill would require the department to promptly return the cost savings to the applicant if the partial removal of the offshore oil structure is not permitted by a court or governmental agency and the applicant is required to carry out full removal of the structure. (2) Existing law requires the Natural Resources Agency to serve as the lead agency for the environmental review under the California Environmental Quality Act (CEQA) of a proposed project to partially remove an offshore oil structure pursuant to the California Marine Resources Legacy Act. Upon certification of environmental documents pursuant to CEQA, the California Marine Resources Legacy Act requires the State Lands Commission to determine the cost savings of partial removal compared to full removal of the structure and requires the Ocean Protection Council to determine whether partial removal provides a net environmental benefit to the marine environment compared to the full removal of the structure. This bill would instead require the commission to serve as the lead agency for the environmental review under CEQA. The bill would require the council, in determining whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure, to take certain adverse impacts to air quality and greenhouse gas emissions into account and to consult with the State Air Resources Board, among other entities. In making that determination, the bill would require the council to determine the appropriate weight to be assigned to adverse impacts to air quality and greenhouse gas emissions as compared to adverse impacts to biological resources and water quality.

Bill Text

Action History

  1. August 11 hearing. Held in committee and under submission.

  2. August 27 set for first hearing canceled at the request of author.

  3. Joint Rule 62(a) suspended.

  4. August 26 set for first hearing. Placed on APPR. suspense file.

  5. August 19 hearing postponed by committee.

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

  7. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 14).

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

  9. June 30 hearing postponed by committee.

  10. Referred to Com. on W., P., & W.

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

  12. Read third time. Passed. (Ayes 37. Noes 2. Page 1300.) Ordered to the Assembly.

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

  14. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1149.) (May 28).

  15. Set for hearing May 28.

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

  17. Set for hearing May 11.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 820.) (April 28). Re-referred to Com. on APPR.

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

  20. Set for hearing April 28.

  21. April 14 set for first hearing canceled at the request of author.

  22. Set for hearing April 14.

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

  24. March 24 hearing postponed by committee.

  25. Set for hearing March 24.

  26. Referred to Com. on N.R. & W.

  27. From printer. May be acted upon on or after March 19.

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

Sponsors

  • Dababneh · Cosponsor
  • Harper · Cosponsor
  • Hertzberg · Primary
  • Rendon · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 1 voted No

Sponsors (1)

  • Hertzberg

Co-sponsors (3)

  • Dababneh
  • Harper
  • Rendon

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11003
Republican 1000
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Bigelow — Not Voting
Mathis — Yea
Rendon — Yea
Gomez — Yea
Harper — Yea
Lopez — Yea
Salas — Yea
Levine — Yea
Dababneh — Yea
Dodd — Not Voting
Medina — Not Voting
Williams — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Dahle, Megan Republican Yea

Official roll call →

3rd Reading

Passed 37 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35101
Democratic 2100
Total 37201
% of votes cast 93%5%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hertzberg — Yea
Leno — Yea
Monning — Yea
Moorlach — Yea
Pan — Yea
Vidak — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
Runner — Yea
Fuller — Yea
De León — Not Voting
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hancock — Nay
Hernandez — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Nay
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

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
Hill — Yea
Bates — Yea
Beall — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

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
Hill — Yea
Leyva — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 233 do?
(1) The California Marine Resources Legacy Act establishes a program, administered by the Department of Fish and Wildlife, to allow partial removal of offshore oil structures. The act authorizes the department to approve the partial removal of offshore oil structures, if specified criteria are satisfied. The act requires the first person to file an application to partially remove an offshore oil structure to pay, in addition to other specified costs, the startup costs incurred by the department or the State Lands Commission to implement the act, including the costs to develop and adopt regulations, and requires the payment of startup costs to be reimbursed by the department, as specified. The act requires an applicant, upon conditional approval for removal, to apportion a percentage of the cost-savings funds in accordance with a prescribed schedule to specified entities and funds. The act defines "cost savings" to mean the difference between the estimated cost to the applicant of complete removal of an oil platform, as required by state and federal leases, and the estimated costs to the applicant of partial removal of the oil platform pursuant to the act. Before the first application to partially remove an offshore oil structure is filed, this bill would authorize a prospective applicant to pay a portion of the startup costs in an amount determined by the department to be necessary for staff and other costs in anticipation of receipt of the first application. The bill would require an applicant, upon conditional approval for partial removal of an offshore oil structure, to apportion and transmit a portion of the cost savings to the department, instead of to the specified entities and funds. The bill would require the department to apportion those cost-savings funds received from the applicant in accordance with the prescribed schedule to the specified entities if certain criteria are satisfied. The bill would require the department to apportion the cost-savings funds received from the applicant who elects to pay a portion of the startup costs before the first application is filed and who files the first application in accordance with the prescribed schedule based on when the application was submitted rather than when the cost savings are transmitted. The bill would authorize the applicant to withdraw the application at any time before final approval and would require the department to return specified funds, including startup costs, submitted to process the application that have not been expended as of the date of receipt of the notification of withdrawal. The bill would require the department to promptly return the cost savings to the applicant if the partial removal of the offshore oil structure is not permitted by a court or governmental agency and the applicant is required to carry out full removal of the structure. (2) Existing law requires the Natural Resources Agency to serve as the lead agency for the environmental review under the California Environmental Quality Act (CEQA) of a proposed project to partially remove an offshore oil structure pursuant to the California Marine Resources Legacy Act. Upon certification of environmental documents pursuant to CEQA, the California Marine Resources Legacy Act requires the State Lands Commission to determine the cost savings of partial removal compared to full removal of the structure and requires the Ocean Protection Council to determine whether partial removal provides a net environmental benefit to the marine environment compared to the full removal of the structure. This bill would instead require the commission to serve as the lead agency for the environmental review under CEQA. The bill would require the council, in determining whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure, to take certain adverse impacts to air quality and greenhouse gas emissions into account and to consult with the State Air Resources Board, among other entities. In making that determination, the bill would require the council to determine the appropriate weight to be assigned to adverse impacts to air quality and greenhouse gas emissions as compared to adverse impacts to biological resources and water quality.
Who sponsors SB 233?
SB 233 is sponsored by Dababneh, Harper, Hertzberg, and Rendon.
What is the current status of SB 233?
This bill died with 2015-2016 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 233?
Track SB 233 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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