Oil spills: reporting: waters of the state.

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. The act requires, without regard to intent or negligence, any party responsible for the discharge or threatened discharge of oil in waters of the state to report the discharge immediately to the Office of Emergency Services. The act makes it a crime to fail to notify the office in violation of that requirement. This bill would define "threatened discharge of oil in waters of the state" to mean a discharge by an offshore facility, as defined, including an offshore pipeline, located where an oil spill may impact state waters. The bill would require an offshore facility to be presumed to be located where an oil spill may impact state waters if certain circumstances apply, including that any portion of an offshore pipeline that services the offshore facility transports oil to, from, or through state waters. By expanding the scope of a crime, the bill would impose a state-mandated local program. 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.