BILL NUMBER: SB 965	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 16, 2008
	AMENDED IN SENATE  APRIL 19, 2007

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 23, 2007

   An act to add Section 8670.21.1  of   to
 the Government Code, relating to oil spills.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 965, as amended, Lowenthal. Oil spills: California Physical
Oceanographic Real-Time System (CalPORTS).
   The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
establishes an administrator for oil spill response and specifies the
administrator's powers and duties relating to oil pollution
prevention and response and improvements to maritime safety. The act
establishes 5 harbor safety committees (Humboldt Bay; San Francisco,
San Pablo, and Suisun Bays; Port Hueneme; Los Angeles/Long Beach; and
San Diego) to promote navigational safety of vessels.
   This bill would establish the California Physical Oceanographic
Real-Time System (CalPORTS). The bill would authorize the
administrator, in cooperation with the National Oceanic and
Atmospheric Administration/National Ocean Service  (NOAA/NOS)
 , port authorities, and harbor safety committees, to establish,
maintain, and operate a CalPORTS information network linking
existing and proposed information systems, to improve the efficiency
 of  and access to critical environmental information
affecting safe navigation.
   The bill would provide that  its provisions shall only be
implemented to the extent that funds are available   ,
upon appropriation by the Legislature from the Oil Spill Prevention
and Administration Fund, the administrator may hire staff and procure
equipment necessary to administer the program. The bill would also
authorize the administrator to seek federal funds, including funds
from the Physical Oceanographic Real-Time System (PORTS) administered
by the NOAA/NOS, and funds from California marine ports to
administer the program  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that a California
Physical Oceanographic Real-Time System (CalPORTS) would provide, in
part, the following public benefits: 
   (a) By preventing vessel accidents that might result in oil spill
pollution, CalPORTS would further enhance protection of California
coastal and marine resources. Humboldt Bay, San Francisco Bay, and
San Diego Bay contain significant natural resources of national and
state importance, including bird refuge areas on the Pacific Flyway,
wetland habitats, sensitive fish and marine mammal species, and
sensitive shoreline beach habitats. An oil spill in portions of any
of these harbors could have significant adverse impacts on critical
bird, fish, and marine mammal populations, and sensitive wetland and
beach habitats.  
   (b) CalPORTS supports the top priority of the Ocean Protection
Council's Strategic Plan to provide planned national and state
integrated ocean observing systems, including the Central and
Northern California Ocean Observing System and the Southern
California Ocean Observing System, which provide real-time
information on ocean conditions for improved navigation and resource
protection decisionmaking.  
   (c) The existing Physical Oceanographic Real-Time System (PORTS),
critical to San Francisco Bay, almost shut down at the end of 2005,
lacking a dedicated source of funds because of the broad range of
users and beneficiaries, which include commercial and recreational
boaters, academia, and oil spill responders. Elsewhere in the United
States, the Delaware Bay system shut down for the same reasons--no
dedicated funding and a broad range of users.  
   (d) CalPORTS would build on PORTS, the NOAA/NOS 
    (a)     CalPORTS would build on the
Physical Oceanographic Real-Time System (PORTS), the National Oceanic
and Atmospheric Administration/National Ocean Service (NOAA/NOS)
 administered program of integrated sensors placed in the marine
environment, which provide information on tides, currents, wind
velocity, air and water temperature, salinity, and air gap data
between bridge elevation and the water's surface. CalPORTS would
create a statewide system of sensors strategically placed to improve
the safety of navigation in Humboldt Bay, the San Francisco, San
Pablo, and Suisun Bays, Port Hueneme, Los Angeles/Long Beach, and San
Diego Bay. 
   (e) The state-created harbor safety committees voted to support
the creation of CalPORTS and to provide state funding because of the
demonstrated broad benefit to the public.  
   (f) 
    (b)  The ports and harbors of California, especially the
ports in San Francisco Bay, Los Angeles, and Long Beach, provide
critically important contributions to the commerce and economies of
California and the United States. CalPORTS provides real-time
oceanographic information that is critical to ship navigation and
safe operation of California harbors. 
   (g) CalPORTS would be a model effort to create the first unified
system in the nation. 
  SEC. 2.  Section 8670.21.1 is added to the Government Code, to
read:
   8670.21.1.  (a) For purposes of this section, the following
definitions apply:
   (1) "NOAA/NOS" means the National Oceanic and Atmospheric
Administration/National Ocean Service.
   (2) "CalPORTS" means the California Physical Oceanographic
Real-Time System.
   (3) "PORTS" means the Physical Oceanographic Real-Time System.
   (b) The administrator, in cooperation with NOAA/NOS, respective
port authorities, and harbor safety committees, may enter into
contracts necessary for the establishment, improvement, maintenance,
and operation of CalPORTS. CalPORTS shall consist of existing PORTS
components in each of the following harbors:
   (1) Humboldt Bay.
   (2) San Francisco, San Pablo, and Suisun Bays.
   (3) Port Hueneme.
   (4) Los Angeles/Long Beach.
   (5) San Diego.
   (c)  The   Upon appropriation by the
Legislature from the Oil Spill Prevention and Administration Fund,
the  administrator may hire staff and procure equipment
necessary to administer this program.  The administrator may seek
federal funds, including funds from PORTS, administered by the
NOAA/NOS, and funds from California marine ports to administer this
program. 
   (d) CalPORTS components established, improved, maintained, and
operated under the authority of this section shall meet all
applicable standards set by NOAA/NOS in order to ensure that the best
possible data is generated. CalPORTS data shall be made available to
the general public. 
   (e) This section shall only be implemented to the extent that
funds are available.