S836 - Oil Spill Liability, Response, & Preparedness

• Establishes strict liability for responsible persons for cleanup costs and damages from discharges of natural gas, oil, or drilling waste into coastal fishing waters or offshore waters, removing the federal liability cap that applies within North Carolina territorial jurisdiction.

• Limits state recovery for damages and cleanup costs to federal liability limits established by the Oil Pollution Act of 1990, except for damages recovered under the strict liability provision.

• Requires offshore fossil fuel facilities in coastal fishing waters to submit information including federal exploration plans, oil-spill response plans, assessments of alternatives to minimize discharge risk, and water quality impact assessments for consistency review.

• Directs the Coastal Resources Commission to review existing statutes and rules pertaining to offshore energy exploration and production and report recommendations by April 1, 2011, in response to the BP Deepwater Horizon disaster.

• Requires the Department of Crime Control and Public Safety to immediately update the state Oil Spill Contingency Plan and the Department of Environment and Natural Resources to review limitations on state recovery for damages by December 1, 2010.