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SR-511-000 (5) ~ C1ty Council Off1ce CER:cls For Coune1l Meet1ng of April 22, 1986 Santa Mon1ca. California 5//~Oi!/LJ ILl -1) APR 2 2 1986 APR 3" 1986 TO: FROM: SUBJ ECT: Council Members Mayor Christine E. Reed~ Request for Council Support for 5B 1868 (Rosenthal) Concerning ~mendments to the Public Resources Code Relating to Offshore 011 Drilling; and SB 2027 (Rosenthal) Concerning Amendments to the Publ1C Resources Code Relating to Coastal Resources It 1S requested that Council discuss support for SB 1868 (Rosenthal) and SB 2027 (Rosenthal). Caples of each bill are attached as well as a letter from Senator Rosenthal. Attachf'lents II..{ -1) APR 2 2 U~6 APR 3 0 1385 SENATE BILL No. 2027 Introduced by Senator Rosenthal February 19, 1986 An act to amend Section 30253 of the Public Resources Code, relating to coastal resources. LEGISLATIVE COU:\"SEL.S DIGEST SB 2027, as introduced, Rosenthal. Coastal resources: new development. The California Coastal Act of 1976 establishes policies which constitute standards for local coastal programs and for the permissibility of proposed developments, including a policy that new development be consistent with requirements imposed by an air pollution control district or the State Air Resources Board. This bill would specify that those requirements include, but are not limited to, requirements imposed upon offshore development activities which adversely affect onshore au quality. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of CaliFornia do enact as follows: 1 SECTION 1. Section 30253 of the Public Resources 2 Code is amended to read: 3 30253. New development shall do all of the following: 4 ( 1 ) Minimize risks to life and property in areas of high 5 geologic, flood, and fire hazard. 6 (2) Assure stability and structura~ integrity, and 7 neither create nor contribute significantly to erosion, 8 geologic instability, or destruction of the site or 9 surrounding area or in any way require the constructIOn 19 of protective devices that would substantially alter SB 2027 -2- 1 natural landforms along bluffs and cliffs. 2 (3) Be consistent with requirements imposed by an air 3 pollution control district or air quality management 4 district and the State Air Resources Control Board as to 5 each particular development, including, but not limited 6 to, requirements imposed upon offshore development 7 activities which adversely affect onshore air quality. 8 (4) Minimize energy consumption and vehicle miles 9 traveled. 10 (5) Where appropriate, protect special communities 11 and neighborhoods which, because of their unique 12 characteristics, are popular visitor destination points for 13 recreational uses. o SENATE BILL No. 1868 Introduced by Senator Rosenthal February 13, 1986 An act to amend Section 30265.5 of the Public Resources Code, relating to offshore oil drilling. LEGISLATIVE COUNSEL'S DIGEST SB 1868, as introduced, Rosenthal. Offshore oil drilling. Existing law requires the Governor, or the Governor's designee, to coordinate activities concerning the transport and refining of offshore oil. The bill would require the Governor's designee to undertake an assessment of all environmental impacts resulting from each proposed offshore drilling operation. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 30265.5 of the Public Resources 2 Code is amended to read: 3 30265.5. (a) The Governor, or the Governor's 4 designee, shall coordinate activities concerning the 5 transport and refining of offshore oil. Coordination efforts 6 shall consider public health risks, the ability to achieve 7 short- and long-term air emission reduction goals, the 8 potential for reducing California's vulnerability and 9 dependence on oil imports, economic development and 10 jobs, and other factors deemed important by the 11 Governor, or the Governor's designee. 12 (b) The Governor, or the Governor's designee, shall 13 work with state and local agencies, and the public, to 14 facilitate the transport and refining of offshore oil in a 15 manner which will promote the greatest public health SB 1868 2- 1 and environmental and economic benefits to the people 2 of the state. The Governor's designee shall undertake an 3 assessment of all the environmental inpacts resulting 4 from each proposed offshore drilling operation, 5 including, but not limited to, the impacts of drilling, 6 refining, and transportation. 7 (c) The Governor, or the Governor's designee, shall 8 consult with any individual or organization having 9 knowledge in this area, including, but not limited to, 10 representatives from the following: 11 (1) State Energy Resources Conservation and 12 Development Commission. 13 (2) State Air Resources Board. 14 (3) California Coastal Commission. 15 (4) Department of Fish and Game. 16 (5) State Lands Commission. 17 (6) Public Utilities Commission. 18 (7) Santa Barbara County. 19 (8) Santa Barbara County Air Pollution Control 20 District. 21 (9) Southern California Association of Governments. 22 (10) South Coast Air Quality Management District. 23 (ll) Oil industry. 24 (12) Public interest groups. 25 (13) United States Department of the Interior. 26 (14) United States Department of Energy. 27 (15) United States Environmental Protection Agency. 28 (16) National Oceanic and Atmospheric 29 Administration. 30 (17) United States Coast Guard. 31 (d) This act is not intended, and shall not be 32 construed, to decrease, duplicate, or supersede the 33 jurisdiction, authority, or responsibilities of any local 34 government, or any state agency or commission, to 35 discharge its responsibilities concerning the 36 transportation and refining of oil. o ([nlifornin ](l'gislnturl' NEWTON R RUSSELL VICE CI-l....IRM..... ANN GRESSAp.,,' pRI/>JC/PA:.... eONSI-":.. ~A""'- ALFRE'O E ALQUiST LEROY GkEENE GARY HART BARRY KEENE HENRY MEL.LO JoS~P-H a MON1'OY" REeE.CCA Q MO~GAN SENATE COMMITTEE ON ENERGY AND PUBLIC UTILITIES PAlJL FA::'Ei...t.1 ASSOCIATE COr..SUL ~A"'T P"''''-RICI.& S-EAliU.S COMMI.,......EE S:eCRE"'A1;'"' . ,. ) ..f :.~ ROOrv 2035 STATf; CA~ITC~ SAC~~MENTa c.~.. TE~EP\C ~ '" . n (\ ~AV . l '- ,~.\ \)--'"1\ r ~ t- ~' 1,). ~:rl(wlV '\ I .-\ \ "J \ \ J Dear Friend of the Coast: J need your support to en~ure that California's coast is not seriously harmed by offshore oil air pollution. At a recent overs~ght hear~ng held by the Senate Commirtee on Energy & Public Util~ties, I was dismayed to ciscover that the U.S. Department of Interior is allowing offshore oil drilling to proceed without requiripg adequate air pollution safeguards. HERSCHEL ROSENTHAL CHAII;jMAI\I --~- March 21, 1986 Rerently, I introduced a b~ll, SB 2027, to reaffirm the Coastal COIT~lssion's authority to impose air pollution control requirewents on offshore oil prOJects. As a result of the hearing, I am amending the bill to ensure that the State Air Resources Control Board and the local air pollution control distrlcts have the authority and funding ~ecessary to work with the Coastal CO~~Jssion in oroer to assure that offsh0re oil activit1es comply with federal anc state air pollution control reauireI'lents. A second bill which I introduced regarding offshore oil eir pollution is 58 1868. As amended, t~is bill directs the Gover~or's desianee (Secretarv of Environmental Affairs) to aSSPES the air quality impac~s on the Los Angeles area associated with proposed pipeJine pro~ects. Further, the Secretary of Environmental Affairs must report the findings, with possible w~tigation Etrategies, to the Legislature as well as make the f~nd~ngs available to 1nterested persons and organizations. Enclosed is a copy of 5B 2027 and SB 1868, and my proposed awendments, for your consideration. The b~lls are tentatively scheduled for a hearing on April R, 1986, before the Senate Committee OP Katural Resources anc vildl~fe. If you support my efforts to protect the California coast frOA the threat of offshore eir pollut1on, please se~d a letter to the Natural Resources Committee, Chaired by Senator Fobert Presley, Foam 2031, State Capitol, Sacramento, C~. 95814, with a copy to me. ~ ~ I also we1cowe any additional cow~ents and suggestion~ to improve t~e bills. If you have any proposed amendments to SE 2027 or S6 1868, please contact ~oanne Harris on my committee staff (916/445-9764) or ~ichael Shaplra in the Senate Office of Research (916(445-1727). ~ Enclosures TO: LEGISLATIVE COUNSEL FROM: SENATOR HERSCHEL ROSENTHAL SUBJECT: AMENDMENTS TO SB 2027 Please amend SB 2027 to accompl~sh the follow~ng: 1. On page 2, llne 6, strike "development" and Substltute, "exploration, development and production" 2. On page 2, line a, prior to section "(4)", add the following new paragraph to be part of section (3): "with regard to federal offshore exploration, development and production activities revlewed by the commisslon, an air pollution control distrlct or air quality managment d~strict may, and the State Air Resources Control Board shall, provide comments to the commission ldentifYlng all best available control technology, and emission offsets or other mltigatlon measures, that are necessary to ensure that the activities comply with the federal Clean Alr Act and state air pollution control requlrements." 3. On page 2, at the end, add an appropriation section that does the following: $100,000 General Fund approprlation to the Commission to accomplish the provlsions in section (3). $ 20,000 to be retained by the Commlssion. $ 20,000 to be transferred to the Air Resources Board. $ 60,000 to be transferred, as determined by the Commisslon, to the: -South Coast Air Quality Management District -Ventura County Air Pollution Control Dlstrict -Santa Barbara County Air Pollution Control District -San Luis Obispo County Air Pollution Control District If you have any questlons, please contact Michael Shapiro in the Senate Office of Research (445-1727). ([nlifornul1Lrgislntnr.p V~1l Ct-lAIR....... ...."".. GllfE:!I:!1.'" P'RI~C1PAL CONSU......-A....... NE'W'fON A RuSSELL ALAtED E ALQl,lI!JT ~... GaEl!NE GARy HART BARRY KEENE HENRY Mn.J..O .JoSEPlol 8 MONTO...- A REBECCA Q MORG..-N SENATE COMMITTEE ON ENERGY AND PUBLIC UTILITIES PaiJ\.. FAJ>Eo..1.,. ASSOCIATE CONSL:~"'1-""""- ~"'TJIIIC-J'" STEARNS COMM"TT!!E SeCR~AAY HERSCHEL ROSENTHAL ROO'" 203~ STAT!: C,t,PITOL SAC'RAMENTC CA. 1j1S.!P4 TE:..EPHONE 44~9fS4 CHAJRMA~ ~:l ~i .. '~, .. March 21, 1986 TO: LEGISLATIVE COUNSEL FROM: SENATOR HERSCHEL ROSENTHAL RE: AMENDMENTS TO SB 1868 please amend SB 1868 to accomplish the following: 1. On page 2, line 2, strike the sentence that begins, ftThe Governor's designee.... In place of this sentence, add a new paragraph to be a sub-section of (b) to read: "The Governor's designee shall assess specific factors associated with the proposed pipeline projects in the Los Angeles area including, but not limited to, the following: 1) the impact and range of potential effects of increased ewissions from developing and refining Outer Continental Shelf (QCS) oil, transported through pipeline, on the South Coast Air Basin's attainment of a1r quality standards: and, 2)the air c:ruality impact of displacing cleaner crude oils, wh1ch are currently refined in the Lo~ Angeles area, with OCS crude oil which has a higher sulphur and metals content: 3) the effect of transporting crude oil, through pipeline, on the Los Angeles regional goal of no net emissions increase from new pipeline proJects in the area. The Governor's designee shall report to the Leg2s1ature on the findings and on possible mitigation strategies no later than January 19B8,- 2. On page 2, I1ne 31, add a new paragraph as (d), making paragraph (d) paragraph (e), to read: ~-..~-- ~ ,- nThc Governor's designee, in its coordinating role, shall make available its findlngs concerning the transportation and refining of 011 to any individual or organization requesting this information.- If you have any ouestions, please co~tact Joanne Harr15 with the committee at 5-9764. All materials should be sent to Ms. Harris in Room 2035. Thank you. ~ .-."' SB 1868 -2- 1 and envIronmental and economIC benefIts to the people . 2 of the state The Governor's designee shall undertake an 3 assessment of all the environmental inpacts resultmg 4 from each proposed offshore dnllmg operation, 5 including, but not lrrnIted to, the Impacts of drIllmg, 6 reFmmg, and transportation. 7 (c) The Governor, or the Governor's designee, shall . 8 consult With any mdnll.dual or orgamzahon havmg 9 knowledge in tills area, includlllg, but not limIted to, 10 representatives from the followmg' 11 (1) State Energy Resources Conservation and 12 Development Corrurussion. 13 (2) State Air Resources Board 14 (3) California Coastal Commission. 15 (4) Department of FIsh and Game 16 (5) State Lands CommissIOn. 17 (6) Public UtIlItIes CommissIOn. 18 (7) Santa Barbara County. 19 (8) Santa Barbara County Air Pollution Control 20 DIstnct. . 21 (9) Southern California AssocIation of Governments 22 (10) South Coast Au Quahty :Management DIstnct 23 (11) Oil industry 24 (12) Public interest groups 25 (13) Dmted States Department of the Intenor. . 26 (14) Dmted States Department of Energy 27 (15) United States Emironmental Protection Agency. 28 (16) NatIonal Oceanic and AtmospherIC 29 Administration. 30 (17) Dmted States Coast Guard. 31 (d) This act IS not mtended, and shall not be 32 construed, to decrease, duplicate, or supersede the 33 JurisdIction, authOrIty, or responsibilitIes of any local 34 government, or any state agency or commIssion, to . 35 discharge its responsibilities concerning the 36 transportatIon and refining of oIl. o . fI9 80 ..... -- SENATE BILL No. 1868 . Introduced by Senator Rosenthal . February 13, 1986 An act to amend SectIon 30265 5 of the Pubhc Resources Code, relatmg to offshore 011 drilling . LEGISLATIVE COL-:-;SEL'S DIGEST SB 1868, as mtroduced, Rosenthal Offshore oIl dnllmg EXIstIng law reqUIres the Governor, or the Governor's desIgnee, to coordmate actIvitIes concernmg the transport and refining of offshore od The bill would reqUIre the Governor's desIgnee to undertake an assessment of all enVIronmental Impacts resultmg from each proposed offshore dnlling operatIon Vote. maJonty AppropriatIOn. no Fiscal commIttee. yes, State-mandated local program no, . The people of the State of CalIfornia do enact as follows' . 1 SECTION 1 Section 302655 of the PublIc Resources 2. Code IS amended to read. 3 30265,5 (a) The Governor, or the Governor's 4 designee, shall coordmate achVIues concerning the 5 transport and refinmg of offshore oil CoordinatIon efforts 6 shall consIder pubhc health nsks, the abIhty to achIeve 7 short- and long-term air emIssion reduction goals, the 8 potential for reducing California's vulnerabIlIty and 9 dependence on oil imports, economic development and 10 Jobs, and other factors deemed important by the 11 Governor, or the Governor's deSIgnee 12 (b) The Governor, or the Governor's designee, shall 13 work WIth state a..""ld local agencies, and the pubhc, to 14 facilitate the transport and refmmg of offshore 011 ill a 15 manner which WIll promote the greatest public health . 99 60 ---' ~- 5B 2027 -2- . . 1 natural landforms along bluffs and chffs . 2 (3) Be conSIstent WIth reqUIrements imposed by an aIr 3 pollutIOn control dlstnct or mr quailt)' management 4 dlstnct and the State AIr Resources Control Board as to 5 each partIcular development. mc1udmg, but not lllDlted 6 to. reqUlrements lmposed upon off'ihore development 7 actlntJes \VhlCh adversely affect onshore mr quality" . 8 (4) :-'lmllnlze energy consumptlon and vehicle mIles 9 traveled 10 (5) \'\There appropriate, protect special commumtIes 11 and neIghborhoods \vhIch, because of theIf umque 12 characteristIcs, are popular VISItor destmatlOil pomts for 13 recreational uses . . o . . 99 60 '=.--~ -...--.. . . . 'SENATE BILL . No. 2027 Introduced by Senator Rosenthal . February 19, 1986 An act to amend Section 30253 of the Public Resources Code, relatmg to coastal resources . LEGISLUI\'E COlSSEL S DIGEST SB 2027, as mtroduced, Rosenthal Coastal resources ne\v development The Cahforma Coastal Act of 1976 estabhshes polICIes whIch constItute standards for local coastal programs and for the permlssIbIhty of proposed developments, 1l1cludmg a policy that ne\v development be consistent \\llth requirements Imposed by an aIr pollutIOn control dIstnct or the State AIr Resources Board ThIS bill would specify that those reqUlrements include, but are not hmIted to, reqUlrements Imposed upon offshore development actlvItles WhICh adversely affect onshore au quality Vote. maJonty. Appropnation no. FIscal commIttee. no State-mandated local program' no . . The people of the State of California do enact as [011011/5 1 SECTIO~ 1 SectIOn 30253 of the Pubhc Resources 2 Code is amended to read 3 30253 .'i:ew development shall do all of the follmvmg. 4 (I} 11mImIze nsks to hfe and property ill areas of hIgh 5 geologIC. flood, and fire hazard 6 (2) Assure stabIlIty and structura~ mtegnty, and 7 neIther create nor contnbute slgl11ficantly to erOSlOn, 8 geologic instability, or destructiOn of the SIte or 9 surroundmg area or III any \'vay reqmre the constructIon 10 of protectlVe deVIces that ,vould substantially alter . 99 60