AB 2864: Coastal resources: oil spills.

The California Coastal Act of 1976 provides for the regulation of development of certain lands within the coastal zone, as defined. Under the act, the California Coastal Commission generally has primary responsibility for the implementation of the act and is designated as the state coastal zone planning and management agency for any and all purposes, and is authorized to exercise any and all powers set forth in the federal Coastal Zone Management Act of 1972 or any other federal act that relates to the planning or management of the coastal zone.

The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act provides that the administrator for oil spill response, subject to the Governor, has the primary authority to direct prevention, removal, abatement, response, containment, and cleanup efforts with regard to all aspects of any oil spill in waters of the state, in accordance with any applicable facility or vessel contingency plan and the California oil spill contingency plan. The act requires the administrator to coordinate all actions required by state or local agencies to assess injury to, and provide full mitigation for injury to, or to restore, rehabilitate, or replace, natural resources, including wildlife, fisheries, wildlife or fisheries habitat, beaches, and coastal areas, that are damaged by an oil spill.

This bill, for spills affecting coastal resources, would require the administrator to invite the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable according to jurisdiction, to participate in the natural resource damage assessment process regarding injuries to coastal resources and potential restoration and mitigation measures for inclusion in the damage assessment and restoration plan.