SB 839: Oil spills: fishing: water closure: grants: liability.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law requires the Director of Fish and Wildlife, within 24 hours of notification of a spill or discharge, as described, to close certain waters to the take of all fish and shellfish. Existing law provides that closure is not required if the Office of Environmental Health Hazard Assessment (OEHHA) finds, within 24 hours of the notification, that a public health threat does not or is unlikely to exist. Existing law requires the director, in consultation with OEHHA, to make specific determinations with regard to the spill or discharge within 48 hours of the notification. Existing law requires the director, within 48 hours of notification or as soon as is feasible, in consultation with OEHHA, to assess and determine the potential danger from consuming fish contained in a recirculating seawater tank onboard a vessel. Existing law requires the director to seek full reimbursement from the responsible parties for the spill or discharge for all reasonable costs incurred by the department in carrying out these provisions. A violation of the Fish and Game Code is a crime.

This bill would revise those provisions by, among other things, authorizing, instead of requiring, after a notification of a spill or discharge the director to close certain waters to the take of all fish or shellfish or to otherwise restrict the take and possession of all fish or shellfish in those waters. The bill would require closure if OEHHA finds that a public health threat exists or is likely to exist, and would require the director, in determining the need for a closure, to initiate consultation with OEHHA no later than 24 hours after a notification of a spill or discharge regarding the likelihood of a public health threat, if specified conditions are met. The bill would also authorize OEHHA to seek full reimbursement for all reasonable costs it incurs. The bill would make it unlawful to take any fish or shellfish from any waters closed pursuant to these provisions or to otherwise violate any restriction imposed pursuant to these provisions. By creating a new crime, the bill would impose a state-mandated local program.

(2)Existing law authorizes the administrator for oil spill response (administrator) to offer grants to a local government, Native American tribe, or other public entity with jurisdiction over or directly adjacent to waters of the state to provide oil spill response equipment to be deployed by a certified local spill response manager, as provided.

This bill would provide that a federally recognized tribe, instead of a Native American tribe, is eligible to receive those grants.

Existing law requires the administrator, taking into consideration the California oil spill contingency plan, to promulgate regulations regarding the adequacy of oil spill elements of area plans adopted pursuant to specified existing law. Existing law authorizes the administrator to offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.

Existing law establishes the Environmental Enhancement Grant Program and requires grants to be awarded to nonprofit organizations, cities, counties, cities and counties, districts, state agencies, and departments.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 1, 2025Chaptered by Secretary of State. Chapter 237, Statutes of 2025.
2. October 1, 2025Approved by the Governor.
3. September 23, 2025Enrolled and presented to the Governor at 2 p.m.
4. September 13, 2025Assembly amendments concurred in. (Ayes 32. Noes 0. Page 3059.) Ordered to engrossing and enrolling.
5. September 13, 2025In Senate. Concurrence in Assembly amendments pending.
6. September 13, 2025Read third time. Passed. (Ayes 79. Noes 0. Page 3446.) Ordered to the Senate.
7. September 13, 2025Joint Rule 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
8. September 3, 2025Read second time. Ordered to third reading.
9. September 2, 2025Read second time and amended. Ordered to second reading.
10. August 29, 2025From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).
11. August 20, 2025August 20 set for first hearing. Placed on APPR. suspense file.
12. July 2, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 1). Re-referred to Com. on APPR.