HomeMy WebLinkAboutMINUTES - 07082014 - D.4RECOMMENDATION(S):
CONSIDER adopting a position on SB 1319 (Pavley), as amended 6/18/14, Oil Spills: Oil Spill Prevention and
Response, a bill that makes various changes to existing law related to oil spill prevention, planning, emergency
response, including transportation of oil by rail, as recommended by the Hazardous Materials Program Director.
FISCAL IMPACT:
No direct fiscal impact to Contra Costa County.
BACKGROUND:
The issue of transporting crude oil by rail through California has risen to the forefront of many citizens' and elected
officials' concerns throughout the state. News stories abound regarding the potential dangers of transporting
increasing amounts of crude oil – particularly crude oil from the Bakken formation in North Dakota – by rail into
California. The Sacramento Bee, among others, has had a series of front page stories on this issue.
In January 2014, the Governor's Office convened a Rail Safety Working Group to examine safety concerns and
recommend actions the State of California and others should take in response to the emerging risk posed by increased
shipments of crude oil by rail into California. The Working Group's report was published on Tuesday, June 10, 2014
and offers the preliminary findings and recommendations of this Working Group. (The report is here
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/08/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:See Addendum
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
NO:Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Contact: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: July 8, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D. 4
To:Board of Supervisors
From:David Twa, County Administrator
Date:July 8, 2014
Contra
Costa
County
Subject:SB 1319 (Pavley), as amended 6/18/14, Oil Spills: Oil Spill Prevention and Response
BACKGROUND: (CONT'D)
http://www.caloes.ca.gov/HazardousMaterials/Pages/Oil-By-Rail.aspx .)The Working Group includes
representatives from the California Public Utilities Commission, California Office of Emergency Services,
California Environmental Protection Agency, Department of Toxic Substances Control, California Energy
Commission, California Natural Resources Agency, California Office of the State Fire Marshal, Department of
Oil, Gas and Geothermal Resources, and Office of Spill Prevention and Response.
The recommendations of the report include: "In sum, while the federal actions taken to date are significant, they
do not go far enough to address the risks of increased oil by rail transport. The state should press both the federal
government and
the railroad industry to take additional safety measures. Additionally, the state should strengthen its inspection and
enforcement resources, remedy significant gaps in its emergency preparedness and response programs, and
provide the public with an interactive map showing potential high risk areas from oil by rail traffic." (p. 6)
The release of this report was followed immediately by a report issued by the Natural Resources Defense Council
(NRDC). The NRDC study includes maps of rail lines through seven California cities, showing areas likely to
require evacuation in case of serious rail incident, however, it is unclear which lines might carry crude oil trains.
Oil companies and railroads closely guard information about crude oil rail movements. NRDC said its analysis of
a handful of oil company refinery and terminal projects indicates more than seven trains, each a mile long, could
soon run through metropolitan areas daily.
In its report, the NRDC called for officials to:
• Remove antiquated oil tankers from service. • Impose lower speed limits on crude oil trains. • Reroute trains
around sensitive areas. • Require railroads to disclose the contents of trains. • Make emergency procedures
available to local residents. • Assess fees on shippers to cover costs of improved emergency response to incidents.
• Elevate crude oil trains to the highest risk category for hazardous material shipments. • Require oil companies to
conduct “cumulative risk analysis” for oil rail infrastructure projects, so that the overall impact of all projects is
adequately analyzed.
Oil companies increasingly are turning to rail shipments of crude oil, responding to the availability of less
expensive deposits in North Dakota and Canada. At issue is whether the state and local officials have safety
measures and adequate emergency response plans in place to handle the expected increase. Acknowledging the
growing concern, federal officials have issued warnings about the potential higher flammability of one crude oil
type, Bakken oil, and have been exploring implementing tougher safety designs for crude oil tankers to replace the
current fleet, which has been deemed inadequate to safely transport volatile crude oils. Since interstate railroads
are largely overseen by the federal government, California has limited authority to devise new regulations
governing crude shipments. Instead, the state's role consists of enforcing federal rules.
According to an article in the Sacramento Bee: "The California Public Utilities Commission (PUC) can enforce
locally specific rules in some circumstances, such as hazards to water supplies or urban areas, but mostly has an
oversight role. Some 5,300 miles of railroad track fall under the PUC's purview, according to rail safety official
Paul King, who noted the budget lawmakers sent to Brown would add seven inspectors to deal with an expected
spike in tank cars. Beyond the new inspectors, King stressed the need for stronger tank cars, suggested retiring
older tank cars from service and called for visible markings identifying which cars are carrying volatile oil. A
state agency receives information about train schedules and can then pass that information onto local emergency
responders. Sacramento Metropolitan Fire Department Chief Kurt Henke advocated a secure site where first
responders could quickly get data and more funding to train responders for disaster scenarios. "We need an ability
to get in and get the information," Henke said, adding that "there has to be a commitment of money" to bolster
training, including to build a hazardous materials training facility. Currently, the state's Office of Emergency
Services often does not receive details about crude shipments until the trains have already passed through towns.
"The notifications right now are coming so information is late," State Fire and Rescue Chief Kim Zagaris
testified. "We'd really like to see something the first responders can log into and get the information that they
need," he added."
Senator Pavley’s SB 1319 builds upon the Administration’s proposal and addresses concerns of local
communities. SB 1319 was heard in the Assembly Utilities and Commerce Committee on June 23, and passed out
to the Assembly Appropriations Committee. The Committee analysis of the bill is presented below.
2013 CA S 1319: Bill Analysis - 06/20/2014 - Assembly Utilities and Commerce Committee, Hearing Date
06/23/2014
Date of Hearing: June 23, 2014
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Steven Bradford, Chair
SB 1319 (Pavley) - As Amended: June 18, 2014
SENATE VOTE: 23-12
SUBJECT: Oil spill prevention and response
SUMMARY: This bill makes various changes to existing law related to oil spill prevention, planning, emergency
response, including transportation of oil by rail. Specifically, this bill:
1) The majority of the provisions are outside the jurisdiction of this committee. They provide authority to annually
adjust the per-barrel fee on crude oil or petroleum products to support the Office of Oil Spill Prevention and
Response (OSPR) programs, impose the fee additionally on pipeline operators, and imposes other requirements
related to preparing for emergencies in the event of inland oil spills.
2) Relevant to Utilities and Commerce Committee Jurisdiction this bill:
(a) Requires the PUC to expand inspections on bridges and grade crossing used to transport oil and at oil
unloading facilities and require the PUC to regulate essential local safety hazards for oil transport more stringently
than federal law.
(b) Expands the PUC's annual reporting requirement to the Legislature to include information on the timing,
nature, and status of remediation of defects or violations of federal and state law related to oil transport and
unloading.
(c) Authorizes the OSPR to obtain confidential information from the OES, CEC, and other regulators to carry out
duties and for OSPR to develop procedures for handling the information consistent with state and federal law.
EXISTING LAW
a) Requires PUC rail safety inspectors to be responsible for inspection, surveillance, and investigation of the
rights of way, facilities, equipment, and operations of railroads and public mass transit guideways. (Public
Utilities Code 309.7)
b) Requires PUC rail safety inspectors to investigate accidents including derailments; collisions between trains and
other trains, motor vehicles, bicyclists, pedestrians, and obstructions; and hazardous materials releases from
trains. (Public Utilities Code 315)
c) Supports railroad safety activities through fees collected from California railroads based on a percentage of
annual gross revenues. (Public Utilities Code 421 and 422).
d) Requires the PUC to establish, by regulation, a minimum inspection standard to ensure that at the time of
inspection, that railroad locomotives, equipment, and facilities located in the class I railroad yards will be
inspected not less frequently than every 120 days, and inspection of all branch and main line track not less
frequently than every 12 months (Public Utilities Code 765.5(d))
e) Requires PUC rail safety inspectors to conduct focused inspections of railroad yards and track; operating
practices; signal and train control; hazardous materials and railroad equipment. (Public Utilities Code 765.5(e))
f) Requires the PUC to employ a sufficient number of federally-certified inspectors to ensure that railroad
locomotives and equipment and facilities located in Class I railroad yards in California are inspected not less
frequently than once every 120 days, and that all main and branch line tracks are inspected not less frequently
than once every 12 months. (Public Utilities Code 309.7 and 765.5(d))
g) Provides PUC the responsibility to safeguard public health and safety by specifying the manner in which
railroads construct, maintain, and operate their systems, equipment, apparatus, tracks, and premises. (Public
Utilities Code 768)
h) Requires the PUC Safety and Enforcement Division to investigate any incident that results in a notification, and
report its findings concerning the cause or causes to the commission. (Public Utilities Code 7661)
i) Requires railroads to provide immediate notification of accidents and incidents resulting in a release or
threatened release of hazardous material to relevant agencies. (Public Utilities Code 7672.5)
j) Requires all rail operators to provide risk assessments to the PUC and Department of Homeland Security
(Public Utilities Code 7665-7667)
k) Requires annual reporting by the PUC for sites on railroad lines in the state that the PUC finds to be hazardous.
(Public Utilities Code 7711)
l) Requires the CPUC to collect and analyze near-miss data. (Public Utilities Code 7711.1)
m) Requires oil producers and fuel product refiners, transporters, storers, wholesalers and marketers to report
information on receipts, shipments, inventories and incidents to the California Energy Commission (CEC).
(Public Resources Code 25350)
n) Requires any information presented in confidence to the CEC to be aggregated to the extent necessary to assure
confidentiality if the information would result in unfair competitive disadvantage. (Public Resources Code 25364)
o) Establishes the Office of OSPR in the Department of Fish and Wildlife (DFW).
* Requires the OSPR administrator to direct prevention, removal, abatement, response, containment, and cleanup
efforts with regard to all aspects of any oil spill in marine waters of the state.
* Established the Oil Spill Prevention and Administrative Fund (OSPAF) and the Oil Spill Response Trust Fund
(OSRTF) to pay for OSPR activities.
* Requires the Office of Emergency Services (OES) to be contacted in the event of an oil spill. (Government Code
8670.1 et seq., and others)
p) Establishes the Office of Emergency Services (OES). OES is responsible for:
* Coordinating response to major disasters in support of local Government.
* Assuring the state's readiness to respond to and recover from all hazards (natural, manmade, war-caused
emergencies and disasters).
* Assisting local governments in their emergency preparedness, response, recovery, and hazard mitigation efforts.
(Government Code 8550 et seq.)
FISCAL EFFECT: Unknown
COMMENTS:
1) Author's Statement. "In California there have been 34 railroad oil spills since January 2013, more than four
times the number of spills in the previous 10 years combined, according to federal data. Crude oil trains run
through some of the state's most densely populated areas, and this trend will increase with the completion of at
least six new oil-by-rail projects in California."
"California is seeing a huge shift in the way we import oil, and we need to address the new and unique hazards of
crude-by-rail transportation. Updating the oil spill prevention and response program is an important step, and I
look forward to working with the Brown Administration, my colleagues in the Legislature and our local and
federal partners to identify what additional measures may be needed to protect Californians from this emerging
public safety threat."
"Given the risks, California needs to take responsible steps to prevent, prepare for and respond to crude oil train
accidents."
2) Transportation of oil. OSPR states that 65% of California's crude oil supply arrives by tankers originating from
Alaska or overseas. The remaining 35% is supplied by pipeline within California. With the expansion of oil
drilling in the Baaken region of North Dakota and the Tar Sands in Canada, and the subsequent transportation of
crude oil by train, a shift is occurring in the source of California oil imports. OSPR states that in the future, around
25% of California's crude oil supply would arrive by rail. This would be accompanied by a dramatic reduction in
the amount of oil arriving by tanker (43% predicted supply).
The rapid expansion of crude oil transportation by rail, coupled with a series of derailments and explosions over
the past year, has raised concerns about the safety of rail transport of hazardous materials. According to data from
the Pipeline and Hazardous Materials Safety Administration (PHMSA), the amount of crude oil spilled from rail
cars in 2013 exceeded that spilled in the preceding four decades. In 2013, 1.15 million gallons of crude oil were
spilled, compared with about 800,000 gallons spilled from rail cars between 1975 and 2012. One of the most
serious of these recent accidents was the Lac-Megantic derailment that occurred in the town of Lac-Megantic in
Canada on July 6, 2013. In this accident, a 74-car freight train carrying crude oil from the Bakken formation
derailed in the downtown area, killing 47 people and destroying more than 30 buildings when multiple tank cars
exploded and burned. In addition, the Chaudiere River was contaminated by 26,000 gallons of crude oil.
3) Railroads and the PUC. The California Railroad Commission was created in the 1880s to regulate railroads
operating in California in response to public outcry over prices charged and monopoly practices of the railroad
operators. The California Railroad Commission later became the California Public Utilities as regulatory authority
over other utilities was added to the Railroad Commission's responsibilities.
4) PUC and rail safety. Currently the PUC has safety regulatory authority over 9,000 miles of railroad track, 500
miles of rail transit track or guideways, and 13,500 miles of rail crossing. They also have authority over the future
high speed rail segments. In addition, they enforce safety regulations over railroads, including freight and short
rail companies, passenger (Amtrak, high speed rail), commuter (Metrolink, Altamont, Caltrain, etc.), and
guideway transit (BART, LA Metro, Sacramento RT, San Francisco Muni, San Diego Trolley, etc.).
Railroad bridges carry thousands of rail cars containing hazardous materials and thousands of passengers daily.
According to the PUC, the federal government has established regulations for bridges and relies on railroads to
inspect their bridges and prepare Bridge Management Plans that are to be made available to the federal
government upon request. California bridges are not inspected by any entity in the state government.
Like most transportation infrastructure, the more a bridge is used with greater frequency and with heavier loads,
the more the bridge integrity is potentially compromised. Due to the frenetic building of railroads during the late
19th and early 20th centuries, actual railroad bridgeplans or records are either absent or unreliable. Often, these
bridges now reside on properties owned by smaller short line railroads that may not be willing or able to acquire
the amount of capital needed to repair or replace degrading bridges. It is unclear if the railroads are able to
adequately identify, with a high degree of certainty, the year, model, construction materials, and maximum weight
the bridge can carry, as well as maintenance programs and practices.
The anticipated increase in oil-by-rail shipments into and within California increases the potential for accidents or
incidents unless safety inspections and remediation are put in place.
Under federal law, the federal government develops a national and regional response capability for spills from oil
or other hazardous substances; promotes coordination among the hierarchy of emergency response organizations
and response or contingency plans; requires hazardous shipments to be inspected when they are accepted for
transportation or placed in a train in conjunction with other routine inspections; and allows states to develop and
enforce their own hazardous regulatory scheme as long as the regulation is consistent with federal law.
The PUC rail safety program is located within the PUC Safety and Enforcement Division. According to the recent
State Auditor report of the PUC Transportation Division,[1] 95 full time employees are assigned the PUC rail
programs (the State Auditor report on the PUC's oversight of charter[Unicode 8209]party carriers and passenger
stage corporations [passenger carriers] found that the PUC fails to adequately ensure consumers' transportation
safety and does not appropriately collect and spend fees from passenger carriers).
5) Sufficient inspection resources. Current statute indicates the PUC is to employ a sufficient number of certified
employees in conduct inspections. The PUC should consider whether it has sufficient resources to carry out the
requisite inspections and apprise the Legislature if the PUC has sufficient flexibility in inspection resources to
address public safety needs.
6) Author request for a technical amendment. The amendments made on June 18, 2014 inadvertently deleted a
word. The author has requested an amendment to correct this error.
Page 26, line 19, insert "transport" as follows:
(c) For purposes of this section, "transport" includes transport line or planned transport by vessel, truck, railroad,
or pipeline.
7) Energy Commission Petroleum Industry Information Reporting Act (PIIRA). Enacted in 1980, PIIRA requires
qualifying petroleum industry companies to submit weekly, monthly, and annual data to the California Energy
Commission. Data collection began in 1982. In 2006, the PIIRA regulations were amended to increase the
frequency and level of detail in the information reported by the industry.
The author may wish to consider an amendment to require that any data shared by the CEC will be held at the
same level of confidentiality that is specified in Section 25364 of the Public Resources Code. Specifically:
SEC. 8. Section 8670.6.5 is added to the Government Code, to read:
8670.6.5. The administrator may obtain confidential and other information protected from public disclosure from
the Office of Emergency Services, the State Energy Resources Conservation and Development Commission, and
other regulators, as necessary, in order for the administrator to carry out his or her duties. The administrator shall
develop procedures for handling the obtained information consistent with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1, section 25364 of the Public Resources
Code, and federal law.
NEW SECTION amending section 25364 of the Public Resources Code. 25364. (a) Any person required to
present information to the commission pursuant to Section 25354 may request that specific information be held in
confidence. Information requested to be held in confidence shall be presumed to be confidential. (b) Information
presented to the commission pursuant to Section 25354 shall be held in confidence by the commission or
aggregated to the extent necessary to assure confidentiality if public disclosure of the specific information or data
would result in unfair competitive disadvantage to the person supplying the information.
(c) (1) Whenever the commission receives a request to publicly disclose unaggregated information, or otherwise
proposes to publicly disclose information submitted pursuant to Section 25354, notice of the request or proposal
shall be provided to the person submitting the information. The notice shall indicate the form in which the
information is to be released. Upon receipt of notice, the person submitting the information shall have 10 working
days in which to respond to the notice to justify the claim of confidentiality on each specific item of information
covered by the notice on the basis that public disclosure of the specific information would result in unfair
competitive disadvantage to the person supplying the information.
(2) The commission shall consider the respondent's submittal in determining whether to publicly disclose the
information submitted to it to which a claim of confidentiality is made. The commission shall issue a written
decision which sets forth its reasons for making the determination whether each item of information for which a
claim of confidentiality is made shall remain confidential or shall be publicly disclosed.
(d) The commission shall not make public disclosure of information submitted to it pursuant to Section 25354
within 10 working days after the commission has issued its written decision required in this section.
(e) No information submitted to the commission pursuant to Section 25354 shall be deemed confidential if the
person submitting the information or data has made it public.
(f) With respect to petroleum products and blendstocks reported by type pursuant to paragraph (1) or (2) of
subdivision (a) of Section 25354 and information provided pursuant to subdivision (h) or (i) of Section 25354,
neither the commission nor any employee of the commission may do any of the following:
(1) Use the information furnished under paragraph (1) or (2) of subdivision (a) of Section 25354 or under
subdivision (h) or (i) of Section 25354 for any purpose other than the statistical purposes for which it is supplied.
(2) Make any publication whereby the information furnished by any particular establishment or individual under
paragraph (1) or (2) of subdivision (a) of Section 25354 or under subdivision (h) or (i) of Section 25354 can be
identified.
(3) Permit anyone other than commission members and employees of the commission to examine the individual
reports provided under paragraph (1) or (2) of subdivision (a) of Section 25354 or under subdivision (h) or (i) of
Section 25354.
(g) Notwithstanding any other provision of law, the commission may disclose confidential information received
pursuant to subdivision (a) of Section 25304 or Section 25354 to the State Air Resources Board if the state board
agrees to keep the information confidential. With respect to the information it receives, the state board shall be
subject to all pertinent provisions of this section.
(h) Notwithstanding any other provision of law, the commission may disclose confidential information received
pursuant to subdivision (a) of Section 25304 or Section 25354 to the administrator for oil spill response appointed
by the Governor pursuant to Section 8670.4 if the administrator agrees to keep the information confidential. With
respect to the information it receives, the administrator shall be subject to all pertinent provisions of this section.
8) Related legislation.
a) SB 861 (2014, Budget Resources Trailer Bill) includes provisions addressing OSPR responsibilities over inland
oil spill response, local emergency responder training, and related provisions regarding criminal and civil
penalties and new establishing new regulations. (Status: ordered to engrossing and enrolling)
b) AB 380 (2014, Dickinson) would address sensitive rail information being provided to the Office of Emergency
Services. (Status; in Senate Appropriations)
c) SB 506 (2014, Hill) would create a Railroad Tank Car Hazardous Materials Safety Fund which would establish
a set fee per loaded tank car to finance emergency response for rail accidents and releases of hazardous materials.
(Status: in Assembly Rules)
d) AB 881 (2013, Chesbro) would raise the OSPR per barrel fee to pay for the marine program. (Status: Senate
inactive file)
9) Support and Opposition.
Supports argue that SB 1319 will assist with responding to oil spills, should they occur and reduce new risks from
crude oil transport by rail.
Opponents argue that SB 1319 is overly broad and allows an unlimited fee for funding the programs administered
by OSPR; raises issues regarding possible federal preemption; adds more requirements beyond what was enacted
in the 2014 Budget Trailer Bill; and issues with programs with fiscal accountability and operational issues at
OSPR that have been identified by past State audits.
One opponent raised concern about an exemption from taking actions to meet or exceed the state contract disabled
veteran business enterprise goals. This provision is existing law. SB 1319 does not modify this provision which
allows OSPR to contract for services in response to an actual oil spill where time is of the essence and specialized
services are needed.
REGISTERED SUPPORT / OPPOSITION:
Support
Audubon California
California Association of Professional Scientists (CAPS)
California Fire Chiefs Association (CalChiefs)
California League of Conservation Voters
California Trout
Clean Water Action
Defenders of Wildlife
Environment California
Environmental Working Group
Heal the Bay
Natural Resources Defense Council (NRDC)
San Francisco Baykeeper
Surfrider Foundation
Opposition
BNSF Railway Company
California Chamber of Commerce
California Independent Petroleum Association
California Manufacturers & Technology Association (CMTA)
Union Pacific Railroad Company
Veterans Caucus of the California Democratic Party
Western States Petroleum Association
Analysis Prepared by: Susan Kateley / U. & C. / (916) 319-2083
[1] http://www.auditor.ca.gov/pdfs/reports/2013-130.pdf
ead more here:
CLERK'S ADDENDUM
Speakers: Michael Kent, Hazardous Materials Commission. Written correspondence received from: Peter
Dragovich, Martinez Environment Group (MEG); George B. Smith, Chairperson, Contra Costa County
Hazardous Materials Commission (attached).
ADOPTED a position in support of SB 1319 (Pavley), as amended 6/18/14, Oil Spills: Oil Spill Prevention and
Response, a bill that makes various changes to existing law related to oil spill prevention, planning, emergency
response, including transportation of oil by rail. REQUESTED Lara DeLaney, County Administrator's Office,
draft two letters on this matter: One letter of support to Senator Pavley including mention of today's robust
conversation and concerns in regard to the funding structure, and a more in-depth letter to our Legislative
delegation outlining those concerns.
ATTACHMENTS
SB 1319 Fact Sheet
SB 1319 Bill Text
Senator Fran Pavley Contact: Katharine Moore, 916-651-4116, katharine.moore@sen.ca.gov
FACT SHEET: SB 1319
AUTHOR: SENATOR FRAN PAVLEY
(CO-AUTHORS: SENATORS HILL, LARA, LENO & WOLK)
CRUDE OIL TRANSPORT BY RAIL:
UPDATING SPILL PREPARATION AND RESPONSE
revised: June 9, 2014
THE PROBLEM
Significant shifts in the mode of transportation of crude
oil into and within California are expected to occur in
the near future. Previously, most crude oil imported
into California arrived by marine vessel. According to
the Brown Administration, the volume of oil
transported by rail is anticipated to increase to up to 150
million barrels per year by 2016. This would be 25% of
all the crude oil refined in California. This shift in
transportation mode – with an accompanying shift in
the source of the oil being refined in the state – means
that the nature of the risks associated with oil spills as
well as the likely locations of spills is also changing. It
is time to update California’s oil spill preparation,
prevention and response.
THE SOLUTION
SB 1319 incorporates and revises the Brown
Administration’s proposal through the budget process
to update the Lempert-Keene-Seastrand Oil Spill
Prevention and Response Act (Act) to specifically
include all modes of crude oil transport. It also revises
provisions of the Public Utilities Code related to rail
safety. Specifically, SB 1319:
allows the per barrel fee to be set annually to cover
the costs of the program
defines an oil spill as any amount of oil into, or that
threatens, the waters of the state
requires that rail-related facilities obtain Certificates
of Financial Responsibility
requires that the Office of Oil Spill Prevention and
Response (OSPR) provide training and equipment
grants to first responders
adds new members with expertise in oil production
and rail to the Technical Advisory Committee
(TAC) which advises OSPR
updates existing requirements to ensure that a
revised oil spill contingency plan reflecting these
newly-recognized risks be prepared by January 1,
2017 (and retains the existing provision that it be
reviewed every 3 years)
requires that the contingency plan take public health
and safety into consideration
provides up to $2,500,000 annually for the Oiled
Wildlife Care Network (OWCN) through the
budget process
requires that OSPR perform a study addressing
inland areas of the state that includes response
requirements for different crudes and the
identification of the specific response needs of
urban, rural and sensitive environments
requires that OSPR keep track of the properties of
transported oil and modes of oil transportation in
order to identify any subsequent necessary changes
in spill response
requires public dissemination of oil transport data to
local communities to the extent possible
requires a comprehensive risk assessment be
performed of non-marine forms of oil transport
clarifies that OSPR can obtain confidential
information
requires the California Public Utilities Commission
(CPUC) perform expanded risk-based inspections
of rail bridges, grade crossings and
loading/unloading facilities
re-affirms the CPUC’s authority over essential local
safety hazards
requires the CPUC report more detailed information
about defects and violations observed during its rail
inspections
and other provisions including a savings clause and
technical clean-up.
BACKGROUND
Recent development of large oil fields in North Dakota,
Texas and other North American locations has led to a
surge in rail transport of crude oil. So-called “unit
trains” – consisting of up to 100 or more tank cars are
employed to transport the crude oil to where it can be
Senator Fran Pavley Contact: Katharine Moore, 916-651-4116, katharine.moore@sen.ca.gov
refined. Pipelines, in many instances, are not available.
Crude oil from at least some of these new fields has
considerably different chemical and physical properties
than “typical” crude oil – it may be more volatile,
flammable and corrosive.
Additionally, imports of oil derived from the Canadian
tar sands are also expected to increase and this crude
has much different properties that present different
difficulties for spill response. For example, see the on-
going clean-up of the 2010 Kalamazoo River oil spill
from a ruptured pipeline.
There have been several recent rail derailments
involving trains, including unit trains, carrying crude
oil. While some derailments resulted in minimal
damage, others resulted in massive – and unexpected –
explosions, extensive fires, billions of dollars in
property damage and loss of life. More oil has been
spilled in the last year from rail than in the previous 40
years combined.
The Federal Railway Administration and the Pipeline
and Hazardous Materials Safety Administration have
stepped up efforts to ensure that the risks to the public
from rail transport of crude oil are minimized and that
the crude oil is properly identified. Federal preemption
of state efforts to regulate oil transport is strong as the
litigation that followed the 1991 Cantarra loop
(Dunsmuir) proved. It remains important at the state
level in the event of a spill that responders know what
to be prepared for.
In 1990, the Legislature passed the Lempert-Keene-
Seastrand Oil Spill Prevention and Response Act
(Act)(Government Code §8670.1 et seq.). The Act
provides a comprehensive framework for the state’s oil
spill prevention and response activities, as specified.
The Act’s current focus is primarily upon oil spill
prevention and response in marine waters and on the
transport of oil that passes through the state’s marine
terminals. The Act established the OSPR within the
Department of Fish and Wildlife and OSPR is led by
the OSPR Administrator who has the authority to
implement the Act.
The Act has numerous components related to oil spill
prevention, preparedness and response including:
oil spill contingency planning, regulation and
review,
spill response training,
marine safety,
the establishment of the Oiled Wildlife Care
Network to assist wildlife in an oil spill,
the establishment of penalties for oil spill damage,
the establishment of funding mechanisms for oil
spill prevention and response,
the requirement that Certificates of Financial
Responsibility be obtained by certain marine
facilities and vessels to ensure that there are funds
available to pay certain oil spill-related costs, and
enforcement provisions, among others.
OSPR gained the responsibility for inland crude oil
spills in 2008 (AB 2911, Wolk and co-authors, c. 565,
Stats. 2008), although no dedicated funding mechanism
for inland spills was established.
Governor Brown’s FY 2014-15 budget includes a
Budget Change Proposal addressing the shift in crude
oil transportation into and within the state to rail. It
includes both additional personnel for OSPR and
proposed trailer bill language modifying the Act.
The CPUC is the state agency that oversees rail safety
in California. The CPUC employs federally certified
inspectors to ensure that railroads comply with both
federal and state railroad safety regulations.
LEGISLATIVE HISTORY
voted off the Senate Floor (23 -11)
passed Senate Appropriations Committee Suspense
file (6 – 1)
passed Senate Environmental Quality Committee (5
– 1)
passed Senate Natural Resources & Water
Committee (7 – 1)
SUPPORT
California League of Conservation Voters
Clean Water Action
Environment California
Environmental Working Group
Natural Resources Defense Council
SF Baykeeper
Surfrider Foundation
OPPOSITION
California Chamber of Commerce
California Independent Petroleum Association
California Manufacturers & Technology Association
Veterans Caucus of the California Democratic Party
(unless amended)
Western States Petroleum Association
AMENDED IN ASSEMBLY JUNE 18, 2014
AMENDED IN ASSEMBLY JUNE 9, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MAY 6, 2014
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE APRIL 2, 2014
SENATE BILL No. 1319
Introduced by Senator Pavley
(Coauthors: Senators Hill, Lara, Leno, and Wolk)
February 21, 2014
An act to amend Section 5654 of the Fish and Game Code, to amend
Sections 8574.4, 8574.7, 8574.8, 8670.2, 8670.3, 8670.5, 8670.7, 8670.8,
8670.8.3, 8670.8.5, 8670.9, 8670.12, 8670.14, 8670.19, 8670.25,
8670.25.5, 8670.26, 8670.27, 8670.28, 8670.29, 8670.30.5, 8670.31,
8670.32, 8670.33, 8670.34, 8670.35, 8670.36, 8670.37, 8670.37.5,
8670.37.51, 8670.37.52, 8670.37.53, 8670.37.55, 8670.37.58, 8670.40,
8670.42, 8670.47.5, 8670.48, 8670.48.3, 8670.49, 8670.50, 8670.51,
8670.53, 8670.54, 8670.55, 8670.56.5, and 8670.56.6, 8670.61.5,
8670.62, 8670.64, 8670.66, 8670.67, 8670.67.5, 8670.69.4, and 8670.71
of, and to add Sections 8670.6.5, 8670.15, 8670.29.5, and 8670.32.5,
8670.40.5, and 8670.95 to, and to repeal Section 8670.69.7 of, the
Government Code, to amend Section 449 of the Harbors and Navigation
Code, and to amend Sections 765.5 and 7711 of the Public Utilities
Code, to amend Sections 46002, 46006, 46007, 46010, 46013, 46017,
46023, 46028, and 46101 of, to repeal Sections 46008, 46014, 46015,
46016, 46019, 46024, and 46025 of, and to repeal and add Sections
46011, 46018, and 46027 of, the Revenue and Taxation Code, and to
93
amend Section 13272 of the Water Code, relating to oil spills, and
making an appropriation therefor. spills.
legislative counsel’s digest
SB 1319, as amended, Pavley. Oil spills: oil spill prevention and
response.
(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response
Act generally requires the administrator for oil spill response, acting at
the direction of the Governor, to implement activities relating to oil
spill response, including emergency drills and preparedness, and oil
spill containment and cleanup, and to represent the state in any
coordinated response efforts with the federal government. Existing law
directs the Governor to require the administrator to amend, not in
conflict with the National Contingency Plan, the California oil spill
contingency plan to add a marine oil spill contingency planning section
containing specified elements, including an environmentally and
ecologically sensitive areas element. Existing law also requires the
administrator to adopt and implement regulations governing the
adequacy of oil spill contingency plans to be prepared and implemented
and requires the regulations to provide for the best achievable protection
of coastal and marine waters. Existing law imposes various
administrative civil penalties on a person that violates specified
provisions of the act based on whether it was an oil spill or an inland
oil spill.
This bill
Senate Bill 861, if enacted, would generally expand the act and the
administrator’s responsibilities relating to oil spills to cover all waters
of the state, as defined. By expanding the scope of crimes within the
act, the bill would impose a state-mandated local program. The bill
would direct the Governor to require the administrator to amend the
California oil spill contingency plan to provide for the best achievable
protection of all state waters, not solely coastal and marine waters, and
to submit the plan to the Governor and the Legislature on or before
January 1, 2017. The bill would require the regulations to provide for
the best achievable protection of all waters and natural resources of the
state.
The
This bill would expand the regional and local planning element of
the California oil spill contingency plan to include the identification
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and mitigation of public health and safety impacts from an oil spill in
waters of the state. The bill would authorize the administrator to obtain
confidential and other information from the Office of Emergency
Services, the State Energy Resources Conservation and Development
Commission, and other regulators, as necessary, in order for the
administrator to carry out his or her duties, and would require the
administrator to develop procedures in handling the obtained
information. The bill would require the administrator, no later than
January 1, 2016, to conduct a study and evaluation for inland areas of
the state and would require the administrator to obtain annually, at a
minimum, information on the modes of transportation of oil into and
within the state and the properties of the oil and to provide this
information to the Oil Spill Technical Advisory Committee. The bill
would also require the administrator, in consultation with the appropriate
local, state, and federal regulators, to conduct a comprehensive risk
assessment of nonvessel modes of transportation oil and to identify
those operations that pose the highest risk of a pollution incident in
state waters, as specified, and would require the administrator to obtain
and make publicly available, as specified, previously filed information
related to the transport of oil through, near, or into communities, as
specified. The bill, for purposes of administrative civil penalties, would
no longer distinguish between an oil spill and an inland oil spill,
subjecting all persons to the oil spill provisions. The bill also would
revise various definitions within that act, and would make other
conforming and technical changes.
(2) Existing law requires the administrator, within 5 working days
after receipt of a contingency plan, prepared as specified, to send a
notice that the plan is available for review to the Oil Spill Technical
Advisory Committee.
This bill instead would require the administrator, within 5 working
days after receipt of a contingency plan, to post a notice that the plan
is available for review. The bill would require the California
Environmental Protection Agency and the Office of Emergency Services
to review the plans for facilities and local governments located outside
of the coastal zone.
(3) Existing law requires the administrator to establish a network of
rescue and rehabilitation stations for sea birds, sea otters, and marine
mammals affected by an oil spill in marine waters.
This bill instead would require the administrator to establish a network
of rescue, as specified, for wildlife injured by oil spills in waters of the
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SB 1319— 3 —
state, including sea otters and other marine mammals. The bill also
would authorize the administrator to establish additional stations or
facilities in the interior of the state for the rescue and rehabilitation of
wildlife affected by inland spills.
(4)
(3) Existing law imposes an oil spill prevention and administration
fee in an amount determined by the administrator to be sufficient to
implement oil spill prevention activities, but not to exceed $0.065 per
barrel of crude oil or petroleum products and, beginning January 1,
2015, to an amount not to exceed $0.05, on persons owning crude oil
or petroleum products at a marine terminal. The fee is deposited into
the Oil Spill Prevention and Administration Fund in the State Treasury.
Upon appropriation by the Legislature, moneys in the fund are available
for specified purposes.
This bill instead would require the administrator to annually determine
the fee in an amount sufficient to pay the reasonable regulatory costs
of specified oil spill prevention activities. The bill would delete the
provision that reduces the fee beginning on January 1, 2015. The bill
would additionally impose this fee on a person owning crude oil at the
time the crude oil is received at a refinery, as specified, by any mode
of delivery that passed over, across, under, or through waters of the
state, whether from within or outside the state. The bill would authorize
the Director of Finance to augment a specified appropriation in the
Budget Act of 2014 for the reasonable costs incurred by the State Board
of Equalization related to the collection of the oil spill prevention and
administration fee, as specified, thereby making an appropriation.
This bill would require every person who operates an oil refinery,
marine terminal, or a pipeline to register with the State Board of
Equalization. By expanding the scope of crimes in the act, this bill would
impose a state-mandated local program.
(5) Existing law imposes a uniform oil spill response fee on specified
persons, except specified independent crude oil producers, owning
petroleum products and on pipeline operators transporting petroleum
products into the state by means of a pipeline operating across, under,
or through the marine waters of the state, during any period that the Oil
Spill Response Trust Fund contains less than a designated amount. The
money in the fund is continuously appropriated for specified purposes,
including, to pay for the costs of rescue, medical treatment,
rehabilitation, and disposition of oiled wildlife, as specified. Existing
law authorizes a person to apply to the fund for compensation for
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damages and losses suffered as a result of an oil spill in the marine
waters of the state under specified conditions.
The bill would delete the fee exception for independent crude oil
producers, and would delete the provision authorizing the moneys in
the fund to be used to pay for the costs of rescue, medical treatment,
rehabilitation, and disposition of oiled wildlife. The bill would
additionally impose the fee on pipeline operators transporting petroleum
products into the state by means of a pipeline operating across, under,
or through waters of the state, thereby making an appropriation by
increasing the amount of moneys deposited into a continuously
appropriated fund. The bill would authorize moneys in the fund to be
used to respond to an imminent threat of a spill, and would authorize a
person to apply to the fund for compensation for damages and losses
suffered as a result of an oil spill in any waters of the state. By expanding
the purposes of a continuously appropriated fund, the bill would make
an appropriation.
(6) Existing law, until June 30, 2014, provides that if a loan or other
transfer of money from the Oil Spill Response Trust Fund to the General
Fund pursuant to the Budget Act reduces the balance of the fund to less
than or equal to 95% of the designated amount, the administrator is not
required to collect oil spill response fees if the annual Budget Act
requires the transfer or loan to be repaid (1) to the fund with interest
calculated at a rate earned by the Pooled Money Investment Account
and (2) on or before June 30, 2014.
This bill would extend that date to June 30, 2017, and would provide
that these provisions would be repealed on July, 1, 2017.
(7)
(4) Existing law establishes the Oil Spill Technical Advisory
Committee to provide public input and independent judgment of the
actions of the administrator. The committee is composed of 10 members.
This bill would increase the number of members from 10 to 14 15
and would require the Speaker of the Assembly and the Senate
Committee on Rules to each appoint one additional member who has
knowledge of environmental protection and the study of ecosystems,
and also would require the Governor to appoint two 3 additional
members, with one having knowledge of the railroad industry and
industry, another having knowledge of the oil production industry, and
another having knowledge of the truck transportation industry.
(8)
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(5) Existing law requires the Public Utilities Commission to establish,
by regulation, the inspection of railroad locomotives, equipment, and
facilities occur not less frequently than every 120 days, and, in addition
to those minimum inspections, that the commission conduct focused
inspections of railroad yards and track, either in coordination with the
Federal Railroad Administration or as the commission determines to
be necessary.
This bill would expand those inspections to include bridges and grade
crossings over which oil is being transported and oil unloading facilities,
as specified. The bill also would authorize the commission to regulate
essential local safety hazards for the transport of oil more stringently
than federal regulation, as specified.
Existing law requires the commission to report to the Legislature, on
or before July 1 each year, on sites on railroad lines in the state it finds
to be hazardous, as specified.
This bill would expand that annual report to the Legislature to include
the timing, nature, and status of the remediation of defects or violations
of federal and state law related to the transport and unloading of oil
detected by the commission through its inspections.
(9) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
(6) This bill would make its provisions contingent on the enactment
of SB 861 of the 2013–14 Regular Session.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: yes no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 5654 of the Fish and Game Code is
line 2 amended to read:
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line 1 5654. (a) (1) Notwithstanding Section 7715 and except as
line 2 provided in paragraph (2), the director, within 24 hours of
line 3 notification of a spill or discharge, as those terms are defined in
line 4 Section 8670.3 of the Government Code, where any fishing,
line 5 including all commercial, recreational, and nonlicensed subsistence
line 6 fishing, may take place, or where aquaculture operations are taking
line 7 place, shall close to the take of all fish and shellfish all waters in
line 8 the vicinity of the spill or discharge or where the spilled or
line 9 discharged material has spread, or is likely to spread. In
line 10 determining where a spill or discharge is likely to spread, the
line 11 director shall consult with the Administrator of the Office of Spill
line 12 Prevention and Response. At the time of closure, the department
line 13 shall make all reasonable efforts to notify the public of the closure,
line 14 including notification to commercial and recreational fishing
line 15 organizations, and posting of warnings on public piers and other
line 16 locations where subsistence fishing is known to occur. The
line 17 department shall coordinate, when possible, with local and regional
line 18 agencies and organizations to expedite public notification.
line 19 (2) Closure pursuant to paragraph (1) is not required if, within
line 20 24 hours of notification of a spill or discharge, the Office of
line 21 Environmental Health Hazard Assessment finds that a public health
line 22 threat does not or is unlikely to exist.
line 23 (b) Within 48 hours of notification of a spill or discharge subject
line 24 to subdivision (a), the director, in consultation with the Office of
line 25 Environmental Health Hazard Assessment, shall make an
line 26 assessment and determine all of the following:
line 27 (1) The danger posed to the public from fishing in the area where
line 28 the spill or discharge occurred or spread, and the danger of
line 29 consuming fish taken in the area where the spill or discharge
line 30 occurred or spread.
line 31 (2) Whether the areas closed for the take of fish or shellfish
line 32 should be expanded to prevent any potential take or consumption
line 33 of any fish or shellfish that may have been contaminated by the
line 34 spill or discharge.
line 35 (3) The likely period for maintaining a closure on the take of
line 36 fish and shellfish in order to prevent any possible contaminated
line 37 fish or shellfish from being taken or consumed or other threats to
line 38 human health.
line 39 (c) Within 48 hours after receiving notification of a spill or
line 40 discharge subject to subdivision (a), or as soon as is feasible, the
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SB 1319— 7 —
line 1 director, in consultation with the Office of Environmental Health
line 2 Hazard Assessment, shall assess and determine the potential danger
line 3 from consuming fish that have been contained in a recirculating
line 4 seawater tank onboard a vessel that may become contaminated by
line 5 the vessel’s movement through an area where the spill or discharge
line 6 occurred or spread.
line 7 (d) If the director finds in his or her assessment pursuant to
line 8 subdivision (b) that there is no significant risk to the public or to
line 9 the fisheries, the director may immediately reopen the closed area
line 10 and waive the testing requirements of subdivisions (e) and (f).
line 11 (e) Except under the conditions specified in subdivision (d),
line 12 after complying with subdivisions (a) and (b), the director, in
line 13 consultation with the Office of Environmental Health Hazard
line 14 Assessment, but in no event more than seven days from the
line 15 notification of the spill or discharge, shall order expedited tests of
line 16 fish and shellfish that would have been open for take for
line 17 commercial, recreational, or subsistence purposes in the closed
line 18 area if not for the closure, to determine the levels of contamination,
line 19 if any, and whether the fish or shellfish is safe for human
line 20 consumption.
line 21 (f) (1) Within 24 hours of receiving a notification from the
line 22 Office of Environmental Health Hazard Assessment that no threat
line 23 to human health exists from the spill or discharge or that no
line 24 contaminant from the spill or discharge is present that could
line 25 contaminate fish or shellfish, the director shall reopen the areas
line 26 closed pursuant to this section. The director may maintain a closure
line 27 in any remaining portion of the closed area where the Office of
line 28 Environmental Health Hazard Assessment finds contamination
line 29 from the spill or discharge persists that may adversely affect human
line 30 health.
line 31 (2) The director, in consultation with the commission, may also
line 32 maintain a closure in any remaining portion of the closed area
line 33 where commercial fishing or aquaculture occurs and where the
line 34 department determines, pursuant to this paragraph, that
line 35 contamination from the spill or discharge persists that may cause
line 36 the waste of commercial fish or shellfish as regulated by Section
line 37 7701.
line 38 (g) To the extent feasible, the director shall consult with
line 39 representatives of commercial and recreational fishing associations
line 40 and subsistence fishing communities regarding the extent and
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line 1 duration of a closure, testing protocols, and findings. If a spill or
line 2 discharge occurs within the lands governed by a Native American
line 3 tribe or affects waters flowing through tribal lands, or tribal
line 4 fisheries, the director shall consult with the affected tribal
line 5 governments.
line 6 (h) The director shall seek full reimbursement from the
line 7 responsible party or parties for the spill or discharge for all
line 8 reasonable costs incurred by the department in carrying out this
line 9 section, including, but not limited to, all testing.
line 10 SEC. 2. Section 8574.4 of the Government Code is amended
line 11 to read:
line 12 8574.4. State agencies designated to implement the contingency
line 13 plan shall account for all state expenditures made under the plan
line 14 with respect to each oil spill. Expenditures accounted for under
line 15 this section from an oil spill in waters of the state shall be paid
line 16 from the Oil Spill Response Trust Fund created pursuant to Section
line 17 8670.46. All other expenditures accounted for under this section
line 18 shall be paid from the State Water Pollution Cleanup and
line 19 Abatement Account in the State Water Quality Control Fund
line 20 provided for in Article 3 (commencing with Section 13440) of
line 21 Chapter 6 of Division 7 of the Water Code. If the party responsible
line 22 for the spill is identified, that party shall be liable for the
line 23 expenditures accounted for under this section, in addition to any
line 24 other liability that may be provided for by law, in an action brought
line 25 by the Attorney General. The proceeds from any action for a spill
line 26 in marine waters shall be paid into the Oil Spill Response Trust
line 27 Fund.
line 28 SEC. 3.
line 29 SECTION 1. Section 8574.7 of the Government Code is
line 30 amended to read:
line 31 8574.7. The Governor shall require the administrator, not in
line 32 conflict with the National Contingency Plan, to amend the
line 33 California oil spill contingency plan to provide for the best
line 34 achievable protection of waters of the state. “Administrator” for
line 35 purposes of this section means the administrator appointed by the
line 36 Governor pursuant to Section 8670.4. The plan shall consist of all
line 37 of the following elements:
line 38 (a) A state response element that specifies the hierarchy for state
line 39 and local agency response to an oil spill. The element shall define
line 40 the necessary tasks for oversight and control of cleanup and
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SB 1319— 9 —
line 1 removal activities associated with an oil spill and shall specify
line 2 each agency’s particular responsibility in carrying out these tasks.
line 3 The element shall also include an organizational chart of the state
line 4 oil spill response organization and a definition of the resources,
line 5 capabilities, and response assignments of each agency involved
line 6 in cleanup and removal actions in an oil spill.
line 7 (b) A regional and local planning element that shall provide the
line 8 framework for the involvement of regional and local agencies in
line 9 the state effort to respond to an oil spill, and shall ensure the
line 10 effective and efficient use of regional and local resources, as
line 11 appropriate, in all of the following:
line 12 (1) Traffic and crowd control.
line 13 (2) Firefighting.
line 14 (3) Boating traffic control.
line 15 (4) Radio and communications control and provision of access
line 16 to equipment.
line 17 (5) Identification and use of available local and regional
line 18 equipment or other resources suitable for use in cleanup and
line 19 removal actions.
line 20 (6) Identification of private and volunteer resources or personnel
line 21 with special or unique capabilities relating to oil spill cleanup and
line 22 removal actions.
line 23 (7) Provision of medical emergency services.
line 24 (8) Identification and mitigation of public health and safety
line 25 impacts.
line 26 (9) Consideration of the identification and use of private working
line 27 craft and mariners, including commercial fishing vessels and
line 28 licensed commercial fishing men and women, in containment,
line 29 cleanup, and removal actions.
line 30 (c) A coastal protection element that establishes the state
line 31 standards for coastline protection. The administrator, in
line 32 consultation with the Coast Guard and Navy and the shipping
line 33 industry, shall develop criteria for coastline protection. If
line 34 appropriate, the administrator shall consult with representatives
line 35 from the States of Alaska, Washington, and Oregon, the Province
line 36 of British Columbia in Canada, and the Republic of Mexico. The
line 37 criteria shall designate at least all of the following:
line 38 (1) Appropriate shipping lanes and navigational aids for tankers,
line 39 barges, and other commercial vessels to reduce the likelihood of
line 40 collisions between tankers, barges, and other commercial vessels.
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line 1 Designated shipping lanes shall be located off the coastline at a
line 2 distance sufficient to significantly reduce the likelihood that
line 3 disabled vessels will run aground along the coast of the state.
line 4 (2) Ship position reporting and communications requirements.
line 5 (3) Required predeployment of protective equipment for
line 6 sensitive environmental areas along the coastline.
line 7 (4) Required emergency response vessels that are capable of
line 8 preventing disabled tankers from running aground.
line 9 (5) Required emergency response vessels that are capable of
line 10 commencing oil cleanup operations before spilled oil can reach
line 11 the shoreline.
line 12 (6) An expedited decisionmaking process for dispersant use in
line 13 coastal waters. Prior to adoption of the process, the administrator
line 14 shall ensure that a comprehensive testing program is carried out
line 15 for any dispersant proposed for use in California marine waters.
line 16 The testing program shall evaluate toxicity and effectiveness of
line 17 the dispersants.
line 18 (7) Required rehabilitation facilities for wildlife injured by
line 19 spilled oil.
line 20 (8) An assessment of how activities that usually require a permit
line 21 from a state or local agency may be expedited or issued by the
line 22 administrator in the event of an oil spill.
line 23 (d) An environmentally and ecologically sensitive areas element
line 24 that shall provide the framework for prioritizing and ensuring the
line 25 protection of environmentally and ecologically sensitive areas.
line 26 The environmentally and ecologically sensitive areas element shall
line 27 be developed by the administrator, in conjunction with appropriate
line 28 local agencies, and shall include all of the following:
line 29 (1) Identification and prioritization of environmentally and
line 30 ecologically sensitive areas in state waters and along the coast.
line 31 Identification and prioritization of environmentally and ecologically
line 32 sensitive areas shall not prevent or excuse the use of all reasonably
line 33 available containment and cleanup resources from being used to
line 34 protect every environmentally and ecologically sensitive area
line 35 possible. Environmentally and ecologically sensitive areas shall
line 36 be prioritized through the evaluation of criteria, including, but not
line 37 limited to, all of the following:
line 38 (A) Risk of contamination by oil after a spill.
line 39 (B) Environmental, ecological, recreational, and economic
line 40 importance.
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line 1 (C) Risk of public exposure should the area be contaminated.
line 2 (2) Regional maps depicting environmentally and ecologically
line 3 sensitive areas in state waters or along the coast that shall be
line 4 distributed to facilities and local and state agencies. The maps shall
line 5 designate those areas that have particularly high priority for
line 6 protection against oil spills.
line 7 (3) A plan for protection actions required to be taken in the
line 8 event of an oil spill for each of the environmentally and
line 9 ecologically sensitive areas and protection priorities for the first
line 10 24 to 48 hours after an oil spill shall be specified.
line 11 (4) The location of available response equipment and the
line 12 availability of trained personnel to deploy the equipment to protect
line 13 the priority environmentally and ecologically sensitive areas.
line 14 (5) A program for systemically testing and revising, if necessary,
line 15 protection strategies for each of the priority environmentally and
line 16 ecologically sensitive areas.
line 17 (6) Any recommendations for action that cannot be financed or
line 18 implemented pursuant to existing authority of the administrator,
line 19 which shall also be reported to the Legislature along with
line 20 recommendations for financing those actions.
line 21 (e) A reporting element that requires the reporting of oil spills
line 22 of any amount of oil into state waters.
line 23 SEC. 4. Section 8574.8 of the Government Code is amended
line 24 to read:
line 25 8574.8. (a) The administrator shall submit to the Governor
line 26 and the Legislature an amended California oil spill contingency
line 27 plan required, pursuant to Section 8574.7, by January 1, 1993. The
line 28 administrator shall thereafter submit revised plans every three
line 29 years, until the amended plan required pursuant to subdivision (b)
line 30 is submitted.
line 31 (b) The administrator shall submit to the Governor and the
line 32 Legislature an amended California oil spill contingency plan
line 33 required pursuant to Section 8574.7, on or before January 1, 2017,
line 34 that addresses marine and inland oil spills. The administrator shall
line 35 thereafter submit revised plans every three years.
line 36 SEC. 5. Section 8670.2 of the Government Code is amended
line 37 to read:
line 38 8670.2. The Legislature finds and declares as follows:
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line 1 (a) Each year, billions of gallons of crude oil and petroleum
line 2 products are transported by vessel, railroad, truck, or pipeline over,
line 3 across, under, and through the waters of this state.
line 4 (b) Recent accidents in southern California, Alaska, other parts
line 5 of the nation, and Canada, have shown that transportation of oil
line 6 can be a significant threat to the environment of sensitive areas
line 7 and to public health and safety.
line 8 (c) Existing prevention programs are not able to reduce
line 9 sufficiently the risk of significant discharge of petroleum into state
line 10 waters.
line 11 (d) Response and cleanup capabilities and technology are unable
line 12 to remove consistently the majority of spilled oil when major oil
line 13 spills occur in state waters.
line 14 (e) California’s lakes, rivers, other inland waters, coastal waters,
line 15 estuaries, bays, and beaches are treasured environmental and
line 16 economic resources that the state cannot afford to place at undue
line 17 risk from an oil spill.
line 18 (f) Because of the inadequacy of existing cleanup and response
line 19 measures and technology, the emphasis must be put on prevention,
line 20 if the risk and consequences of oil spills are to be minimized.
line 21 (g) Improvements in the design, construction, and operation of
line 22 rail tank cars, tank trucks, tank ships, terminals, and pipelines;
line 23 improvements in marine safety; maintenance of emergency
line 24 response stations and personnel; and stronger inspection and
line 25 enforcement efforts are necessary to reduce the risks of and from
line 26 a major oil spill.
line 27 (h) A major oil spill in state waters is extremely expensive
line 28 because of the need to clean up discharged oil, protect sensitive
line 29 environmental areas, and restore ecosystem damage.
line 30 (i) Immediate action must be taken to improve control and
line 31 cleanup technology in order to strengthen the capabilities and
line 32 capacities of cleanup operations.
line 33 (j) California government should improve its response and
line 34 management of oil spills that occur in state waters.
line 35 (k) Those who transport oil through or near the waters of the
line 36 state must meet minimum safety standards and demonstrate
line 37 financial responsibility.
line 38 (l) The federal government plays an important role in preventing
line 39 and responding to petroleum spills and it is in the interests of the
line 40 state to coordinate with agencies of the federal government,
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line 1 including the Coast Guard and the United States Environmental
line 2 Protection Agency, to the greatest degree possible.
line 3 (m) California has approximately 1,100 miles of coast, including
line 4 four marine sanctuaries that occupy 88,767 square miles. The
line 5 weather, topography, and tidal currents in and around California’s
line 6 coastal ports and waterways make vessel navigation challenging.
line 7 The state’s major ports are among the busiest in the world.
line 8 Approximately 700 million barrels of oil are consumed annually
line 9 by California, with over 500 million barrels being transported by
line 10 vessel. The peculiarities of California’s maritime coast require
line 11 special precautionary measures regarding oil pollution.
line 12 (n) California has approximately 158,500 square miles of interior
line 13 area where there are approximately 6,800 miles of pipeline used
line 14 for oil distribution, 5,800 miles of Class I railroad track, and
line 15 172,100 miles of maintained roads.
line 16 SEC. 6. Section 8670.3 of the Government Code is amended
line 17 to read:
line 18 8670.3. Unless the context requires otherwise, the following
line 19 definitions shall govern the construction of this chapter:
line 20 (a) “Administrator” means the administrator for oil spill response
line 21 appointed by the Governor pursuant to Section 8670.4.
line 22 (b) (1) “Best achievable protection” means the highest level of
line 23 protection that can be achieved through both the use of the best
line 24 achievable technology and those manpower levels, training
line 25 procedures, and operational methods that provide the greatest
line 26 degree of protection achievable. The administrator’s determination
line 27 of which measures provide the best achievable protection shall be
line 28 guided by the critical need to protect valuable natural resources
line 29 and state waters, while also considering all of the following:
line 30 (A) The protection provided by the measure.
line 31 (B) The technological achievability of the measure.
line 32 (C) The cost of the measure.
line 33 (2) The administrator shall not use a cost-benefit or
line 34 cost-effectiveness analysis or any particular method of analysis in
line 35 determining which measures provide the best achievable protection.
line 36 The administrator shall instead, when determining which measures
line 37 provide best achievable protection, give reasonable consideration
line 38 to the protection provided by the measures, the technological
line 39 achievability of the measures, and the cost of the measures when
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line 1 establishing the requirements to provide the best achievable
line 2 protection for the natural resources of the state.
line 3 (c) (1) “Best achievable technology” means that technology
line 4 that provides the greatest degree of protection, taking into
line 5 consideration both of the following:
line 6 (A) Processes that are being developed, or could feasibly be
line 7 developed anywhere in the world, given overall reasonable
line 8 expenditures on research and development.
line 9 (B) Processes that are currently in use anywhere in the world.
line 10 (2) In determining what is the best achievable technology
line 11 pursuant to this chapter, the administrator shall consider the
line 12 effectiveness and engineering feasibility of the technology.
line 13 (d) “California oil spill contingency plan” means the California
line 14 oil spill contingency plan prepared pursuant to Article 3.5
line 15 (commencing with Section 8574.1) of Chapter 7.
line 16 (e) “Dedicated response resources” means equipment and
line 17 personnel committed solely to oil spill response, containment, and
line 18 cleanup that are not used for any other activity that would adversely
line 19 affect the ability of that equipment and personnel to provide oil
line 20 spill response services in the timeframes for which the equipment
line 21 and personnel are rated.
line 22 (f) “Environmentally sensitive area” means an area defined
line 23 pursuant to the applicable area contingency plans or geographic
line 24 response plans, as created and revised by the Coast Guard, the
line 25 United States Environmental Protection Agency, and the
line 26 administrator.
line 27 (g) (1) “Facility” means any of the following located in state
line 28 waters or located where an oil spill may impact state waters:
line 29 (A) A building, structure, installation, or equipment used in oil
line 30 exploration, oil well drilling operations, oil production, oil refining,
line 31 oil storage, oil gathering, oil processing, oil transfer, oil
line 32 distribution, or oil transportation.
line 33 (B) A marine terminal.
line 34 (C) A pipeline that transports oil.
line 35 (D) A railroad that transports oil as cargo.
line 36 (E) A drill ship, semisubmersible drilling platform, jack-up type
line 37 drilling rig, or any other floating or temporary drilling platform.
line 38 (2) “Facility” does not include any of the following:
line 39 (A) A vessel, except a vessel located and used for any purpose
line 40 described in subparagraph (E) of paragraph (1).
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line 1 (B) An owner or operator subject to Chapter 6.67 (commencing
line 2 with Section 25270) or Chapter 6.75 (commencing with Section
line 3 25299.10) of Division 20 of the Health and Safety Code.
line 4 (C) Operations on a farm, nursery, logging site, or construction
line 5 site that are either of the following:
line 6 (i) Do not exceed 20,000 gallons in a single storage tank.
line 7 (ii) Have a useable tank storage capacity not exceeding 75,000
line 8 gallons.
line 9 (D) A small craft refueling dock.
line 10 (h) “Local government” means a chartered or general law city,
line 11 a chartered or general law county, or a city and county.
line 12 (i) (1) “Marine terminal” means any facility used for
line 13 transferring oil to or from a tank ship or tank barge.
line 14 (2) “Marine terminal” includes, for purposes of this chapter, all
line 15 piping not integrally connected to a tank facility, as defined in
line 16 subdivision (n) of Section 25270.2 of the Health and Safety Code.
line 17 (j) “Mobile transfer unit” means a vehicle, truck, or trailer,
line 18 including all connecting hoses and piping, used for the transferring
line 19 of oil at a location where a discharge could impact waters of the
line 20 state.
line 21 (k) “Nondedicated response resources” means those response
line 22 resources identified by an Oil Spill Response Organization for oil
line 23 spill response activities that are not dedicated response resources.
line 24 (l) “Nonpersistent oil” means a petroleum-based oil, such as
line 25 gasoline or jet fuel, that evaporates relatively quickly and is an oil
line 26 with hydrocarbon fractions, at least 50 percent of which, by
line 27 volume, distills at a temperature of 645 degrees Fahrenheit, and
line 28 at least 95 percent of which, by volume, distills at a temperature
line 29 of 700 degrees Fahrenheit.
line 30 (m) “Nontank vessel” means a vessel of 300 gross tons or greater
line 31 that carries oil, but does not carry that oil as cargo.
line 32 (n) “Oil” means any kind of petroleum, liquid hydrocarbons,
line 33 or petroleum products or any fraction or residues therefrom,
line 34 including, but not limited to, crude oil, bunker fuel, gasoline, diesel
line 35 fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
line 36 liquid distillates from unprocessed natural gas.
line 37 (o) “Oil spill cleanup agent” means a chemical, or any other
line 38 substance, used for removing, dispersing, or otherwise cleaning
line 39 up oil or any residual products of petroleum in, or on, any of the
line 40 waters of the state.
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line 1 (p) “Oil spill contingency plan” or “contingency plan” means
line 2 the oil spill contingency plan required pursuant to Article 5
line 3 (commencing with Section 8670.28).
line 4 (q) (1) “Oil Spill Response Organization” or “OSRO” means
line 5 an individual, organization, association, cooperative, or other entity
line 6 that provides, or intends to provide, equipment, personnel, supplies,
line 7 or other services directly related to oil spill containment, cleanup,
line 8 or removal activities.
line 9 (2) “OSRO” does not include an owner or operator with an oil
line 10 spill contingency plan approved by the administrator or an entity
line 11 that only provides spill management services, or who provides
line 12 services or equipment that are only ancillary to containment,
line 13 cleanup, or removal activities.
line 14 (r) (1) “Owner” or “operator” means any of the following:
line 15 (A) In the case of a vessel, a person who owns, has an ownership
line 16 interest in, operates, charters by demise, or leases the vessel.
line 17 (B) In the case of a facility, a person who owns, has an
line 18 ownership interest in, or operates the facility.
line 19 (C) Except as provided in subparagraph (D), in the case of a
line 20 vessel or facility, where title or control was conveyed due to
line 21 bankruptcy, foreclosure, tax delinquency, abandonment, or similar
line 22 means to an entity of state or local government, a person who
line 23 owned, held an ownership interest in, operated, or otherwise
line 24 controlled activities concerning the vessel or facility immediately
line 25 beforehand.
line 26 (D) An entity of the state or local government that acquired
line 27 ownership or control of a vessel or facility, when the entity of the
line 28 state or local government has caused or contributed to a spill or
line 29 discharge of oil into waters of the state.
line 30 (2) “Owner” or “operator” does not include a person who,
line 31 without participating in the management of a vessel or facility,
line 32 holds indicia of ownership primarily to protect the person’s security
line 33 interest in the vessel or facility.
line 34 (3) “Operator” does not include a person who owns the land
line 35 underlying a facility or the facility itself if the person is not
line 36 involved in the operations of the facility.
line 37 (s) “Person” means an individual, trust, firm, joint stock
line 38 company, or corporation, including, but not limited to, a
line 39 government corporation, partnership, and association. “Person”
line 40 also includes a city, county, city and county, district, and the state
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line 1 or any department or agency thereof, and the federal government,
line 2 or any department or agency thereof, to the extent permitted by
line 3 law.
line 4 (t) “Pipeline” means a pipeline used at any time to transport oil.
line 5 (u) “Railroad” means a railroad, railway, railcar, rolling stock,
line 6 or train.
line 7 (v) “Rated OSRO” means an OSRO that has received a
line 8 satisfactory rating from the administrator for a particular rating
line 9 level established pursuant to Section 8670.30.
line 10 (w) “Responsible party” or “party responsible” means any of
line 11 the following:
line 12 (1) The owner or transporter of oil or a person or entity accepting
line 13 responsibility for the oil.
line 14 (2) The owner, operator, or lessee of, or a person that charters
line 15 by demise, a vessel or facility, or a person or entity accepting
line 16 responsibility for the vessel or facility.
line 17 (x) “Small craft” means a vessel, other than a tank ship or tank
line 18 barge, that is less than 20 meters in length.
line 19 (y) “Small craft refueling dock” means a waterside operation
line 20 that dispenses only nonpersistent oil in bulk and small amounts of
line 21 persistent lubrication oil in containers primarily to small craft and
line 22 meets both of the following criteria:
line 23 (1) Has tank storage capacity not exceeding 20,000 gallons in
line 24 any single storage tank or tank compartment.
line 25 (2) Has total usable tank storage capacity not exceeding 75,000
line 26 gallons.
line 27 (z) “Small marine fueling facility” means either of the following:
line 28 (1) A mobile transfer unit.
line 29 (2) A fixed facility that is not a marine terminal, that dispenses
line 30 primarily nonpersistent oil, that may dispense small amounts of
line 31 persistent oil, primarily to small craft, and that meets all of the
line 32 following criteria:
line 33 (A) Has tank storage capacity greater than 20,000 gallons but
line 34 not more than 40,000 gallons in any single storage tank or storage
line 35 tank compartment.
line 36 (B) Has total usable tank storage capacity not exceeding 75,000
line 37 gallons.
line 38 (C) Had an annual throughput volume of over-the-water transfers
line 39 of oil that did not exceed 3,000,000 gallons during the most recent
line 40 preceding 12-month period.
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line 1 (aa) “Spill,” “discharge,” or “oil spill” means a release of any
line 2 amount of oil into waters of the state that is not authorized by a
line 3 federal, state, or local government entity.
line 4 (ab) “Tank barge” means a vessel that carries oil in commercial
line 5 quantities as cargo but is not equipped with a means of
line 6 self-propulsion.
line 7 (ac) “Tank ship” means a self-propelled vessel that is
line 8 constructed or adapted for the carriage of oil in bulk or in
line 9 commercial quantities as cargo.
line 10 (ad) “Tank vessel” means a tank ship or tank barge.
line 11 (ae) “Vessel” means a watercraft or ship of any kind, including
line 12 every structure adapted to be navigated from place to place for the
line 13 transportation of merchandise or persons.
line 14 (af) “Vessel carrying oil as secondary cargo” means a vessel
line 15 that does not carry oil as a primary cargo, but does carry oil as
line 16 cargo. The administrator may establish minimum oil volume
line 17 amounts or other criteria by regulations.
line 18 (ag) “Waters of the state” or “state waters” means any surface
line 19 water, including saline waters, marine waters, and freshwaters,
line 20 within the boundaries of the state but does not include groundwater.
line 21 SEC. 7. Section 8670.5 of the Government Code is amended
line 22 to read:
line 23 8670.5. The Governor shall ensure that the state fully and
line 24 adequately responds to all oil spills in waters of the state. The
line 25 administrator, acting at the direction of the Governor, shall
line 26 implement activities relating to oil spill response, including drills
line 27 and preparedness and oil spill containment and cleanup. The
line 28 administrator shall also represent the state in any coordinated
line 29 response efforts with the federal government.
line 30 SEC. 8.
line 31 SEC. 2. Section 8670.6.5 is added to the Government Code,
line 32 to read:
line 33 8670.6.5. The administrator may obtain confidential and other
line 34 information protected from public disclosure from the Office of
line 35 Emergency Services, the State Energy Resources Conservation
line 36 and Development Commission, and other regulators, as necessary,
line 37 in order for the administrator to carry out his or her duties. The
line 38 administrator shall develop procedures for handling the obtained
line 39 information consistent with the California Public Records Act
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line 1 (Chapter 3.5 (commencing with Section 6250) of Division 7 of
line 2 Title 1) and federal law.
line 3 SEC. 9. Section 8670.7 of the Government Code is amended
line 4 to read:
line 5 8670.7. (a) The administrator, subject to the Governor, has
line 6 the primary authority to direct prevention, removal, abatement,
line 7 response, containment, and cleanup efforts with regard to all
line 8 aspects of any oil spill in waters of the state, in accordance with
line 9 any applicable facility or vessel contingency plan and the California
line 10 oil spill contingency plan. The administrator shall cooperate with
line 11 any federal on-scene coordinator, as specified in the National
line 12 Contingency Plan.
line 13 (b) The administrator shall implement the California oil spill
line 14 contingency plan, required pursuant to Section 8574.1, to the fullest
line 15 extent possible.
line 16 (c) The administrator shall do both of the following:
line 17 (1) Be present at the location of any oil spill of more than
line 18 100,000 gallons in waters of the state, as soon as possible after
line 19 notice of the discharge.
line 20 (2) Ensure that persons trained in oil spill response and cleanup,
line 21 whether employed by the responsible party, the state, or another
line 22 private or public person or entity, are onsite to respond to, contain,
line 23 and clean up any oil spill in waters of the state, as soon as possible
line 24 after notice of the discharge.
line 25 (d) Throughout the response and cleanup process, the
line 26 administrator shall apprise the air quality management district or
line 27 air pollution control district having jurisdiction over the area in
line 28 which the oil spill occurred and the local government agencies
line 29 that are affected by the spill.
line 30 (e) The administrator, with the assistance, as needed, of the
line 31 Office of the State Fire Marshal, the State Lands Commission, or
line 32 other state agency, and the federal on-scene coordinator, shall
line 33 determine the cause and amount of the discharge.
line 34 (f) The administrator shall have the state authority over the use
line 35 of all response methods, including, but not limited to, in situ
line 36 burning, dispersants, and any oil spill cleanup agents in connection
line 37 with an oil discharge. The administrator shall consult with the
line 38 federal on-scene coordinator prior to exercising authority under
line 39 this subdivision.
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line 1 (g) (1) The administrator shall conduct workshops, consistent
line 2 with the intent of this chapter, with the participation of appropriate
line 3 local, state, and federal agencies, including the State Air Resources
line 4 Board, air pollution control and air quality management districts,
line 5 and affected private organizations, on the subject of oil spill
line 6 response technologies, including in situ burning. The workshops
line 7 shall review the latest research and findings regarding the efficacy
line 8 and toxicity of oil spill cleanup agents and other technologies, their
line 9 potential public health and safety and environmental impacts, and
line 10 any other relevant factors concerning their use in oil spill response.
line 11 In conducting these workshops, the administrator shall solicit the
line 12 views of all participating parties concerning the use of these
line 13 technologies, with particular attention to any special considerations
line 14 that apply to coastal areas and waters of the state.
line 15 (2) The administrator shall publish guidelines and conduct
line 16 periodic reviews of the policies, procedures, and parameters for
line 17 the use of in situ burning, which may be implemented in the event
line 18 of an oil spill.
line 19 (h) (1) The administrator shall ensure that, as part of the
line 20 response to any significant spill, biologists or other personnel are
line 21 present and provided any support and funding necessary and
line 22 appropriate for the assessment of damages to natural resources
line 23 and for the collection of data and other evidence that may help in
line 24 determining and recovering damages.
line 25 (2) (A) The administrator shall coordinate all actions required
line 26 by state or local agencies to assess injury to, and provide full
line 27 mitigation for injury to, or to restore, rehabilitate, or replace, natural
line 28 resources, including wildlife, fisheries, wildlife or fisheries habitat,
line 29 beaches, and coastal areas, that are damaged by an oil spill. For
line 30 purposes of this subparagraph, “actions required by state or local
line 31 agencies” include, but are not limited to, actions required by state
line 32 trustees under Section 1006 of the Oil Pollution Act of 1990 (33
line 33 U.S.C. Sec. 2706) and actions required pursuant to Section
line 34 8670.61.5.
line 35 (B) The responsible party shall be liable for all coordination
line 36 costs incurred by the administrator.
line 37 (3) This subdivision does not give the administrator any
line 38 authority to administer state or local laws or to limit the authority
line 39 of another state or local agency to implement and enforce state or
line 40 local laws under its jurisdiction, nor does this subdivision limit
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line 1 the authority or duties of the administrator under this chapter or
line 2 limit the authority of an agency to enforce existing permits or
line 3 permit conditions.
line 4 (i) (1) The administrator shall enter into a memorandum of
line 5 understanding with the Executive Director of the State Water
line 6 Resources Control Board, acting for the State Water Resources
line 7 Control Board and the California regional water quality control
line 8 boards, and with the approval of the State Water Resources Control
line 9 Board, to address discharges, other than dispersants, that are
line 10 incidental to, or directly associated with, the response, containment,
line 11 and cleanup of an existing or threatened oil spill conducted
line 12 pursuant to this chapter.
line 13 (2) The memorandum of understanding entered into pursuant
line 14 to paragraph (1) shall address any permits, requirements, or
line 15 authorizations that are required for the specified discharges. The
line 16 memorandum of understanding shall be consistent with
line 17 requirements that protect state water quality and beneficial uses
line 18 and with any applicable provisions of the Porter-Cologne Water
line 19 Quality Control Act (Division 7 (commencing with Section 13000)
line 20 of the Water Code) or the federal Clean Water Act (33 U.S.C. Sec.
line 21 1251 et seq.), and shall expedite efficient oil spill response.
line 22 SEC. 10.
line 23 SEC. 3. Section 8670.8 of the Government Code is amended
line 24 to read:
line 25 8670.8. (a) The administrator shall carry out programs to
line 26 provide training for individuals in response, containment, and
line 27 cleanup operations and equipment, equipment deployment, and
line 28 the planning and management of these programs. These programs
line 29 may include training for members of the California Conservation
line 30 Corps, other response personnel employed by the state, personnel
line 31 employed by other public entities, personnel from marine facilities,
line 32 commercial fishermen and other mariners, and interested members
line 33 of the public. Training may be offered for volunteers.
line 34 (b) The administrator may offer training to anyone who is
line 35 required to take part in response and cleanup efforts under the
line 36 California oil spill contingency plan or under local government
line 37 contingency plans prepared and approved under this chapter.
line 38 (c) Upon request by a local government, the administrator shall
line 39 provide a program for training and certification of a local
line 40 emergency responder designated as a local spill response manager
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line 1 by a local government with jurisdiction over or directly adjacent
line 2 to waters of the state.
line 3 (d) Trained and certified local spill response managers shall
line 4 participate in all drills upon request of the administrator.
line 5 (e) As part of the training and certification program, the
line 6 administrator shall authorize a local spill response manager to train
line 7 and certify volunteers.
line 8 (f) In the event of an oil spill, local spill response managers
line 9 trained and certified pursuant to subdivision (c) shall provide the
line 10 state on scene coordinator with timely information on activities
line 11 and resources deployed by local government in response to the oil
line 12 spill. The local spill response manager shall cooperate with the
line 13 administrator and respond in a manner consistent with the area
line 14 contingency plan to the extent possible.
line 15 (g) Funding for activities undertaken pursuant to subdivisions
line 16 (a) to (c), inclusive, shall be from the Oil Spill Prevention and
line 17 Administration Fund created pursuant to Section 8670.38.
line 18 (h) All training provided by the administrator shall follow the
line 19 requirements of applicable federal and state occupational safety
line 20 and health standards adopted by the Occupational Safety and
line 21 Health Administration of the Department of Labor and the
line 22 Occupational Safety and Health Standards Board.
line 23 SEC. 11.
line 24 SEC. 4. Section 8670.8.3 of the Government Code is amended
line 25 to read:
line 26 8670.8.3. The administrator shall offer grants to a local
line 27 government with jurisdiction over or directly adjacent to waters
line 28 of the state to provide oil spill response equipment to be deployed
line 29 by a local spill response manager certified pursuant to Section
line 30 8670.8. The administrator shall request the Legislature to
line 31 appropriate funds from the Oil Spill Prevention and Administration
line 32 Fund created pursuant to Section 8670.38 for the purposes of this
line 33 section.
line 34 SEC. 12. Section 8670.8.5 of the Government Code is amended
line 35 to read:
line 36 8670.8.5. The administrator may use volunteer workers in
line 37 response, containment, restoration, wildlife rehabilitation, and
line 38 cleanup efforts for oil spills in waters of the state. The volunteers
line 39 shall be deemed employees of the state for the purpose of workers’
line 40 compensation under Article 2 (commencing with Section 3350)
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line 1 of Chapter 2 of Part 1 of Division 4 of the Labor Code. Any
line 2 payments for workers’ compensation pursuant to this section shall
line 3 be made from the Oil Spill Response Trust Fund created pursuant
line 4 to Section 8670.46.
line 5 SEC. 13. Section 8670.9 of the Government Code is amended
line 6 to read:
line 7 8670.9. (a) The administrator shall enter into discussions on
line 8 behalf of the state with the States of Alaska, Hawaii, Oregon, and
line 9 Washington, for the purpose of developing interstate agreements
line 10 regarding oil spill prevention and response. The agreements shall
line 11 address, including, but not limited to, all of the following:
line 12 (1) Coordination of vessel safety and traffic.
line 13 (2) Spill prevention equipment and response required on vessels
line 14 and at facilities.
line 15 (3) The availability of oil spill response and cleanup equipment
line 16 and personnel.
line 17 (4) Other matters that may relate to the transport of oil and oil
line 18 spill prevention, response, and cleanup.
line 19 (b) The administrator shall coordinate the development of these
line 20 agreements with the Coast Guard, the Province of British Columbia
line 21 in Canada, and the Republic of Mexico.
line 22 SEC. 14.
line 23 SEC. 5. Section 8670.12 of the Government Code is amended
line 24 to read:
line 25 8670.12. (a) (1) The administrator shall conduct studies and
line 26 evaluations necessary for improving oil spill response, containment,
line 27 and cleanup and oil spill wildlife rehabilitation in waters of the
line 28 state and oil transportation systems. The administrator may expend
line 29 moneys from the Oil Spill Prevention and Administration Fund
line 30 created pursuant to Section 8670.38, enter into consultation
line 31 agreements, and acquire necessary equipment and services for the
line 32 purpose of carrying out these studies and evaluations.
line 33 (2) On or before January 1, 2016, the administrator shall conduct
line 34 a study and evaluation pursuant to paragraph (1) for inland areas
line 35 of the state. The study and evaluation shall include, but shall not
line 36 be limited to, an analysis of likely spill scenarios, response
line 37 requirements for oil of varying properties and urban, rural, and
line 38 sensitive environments, and spill response equipment and
line 39 resources.
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line 1 (b) The administrator shall study the use and effects of
line 2 dispersants, incineration, bioremediation, and any other methods
line 3 used to respond to a spill. The study shall periodically be updated
line 4 to ensure the best achievable protection from the use of those
line 5 methods. Based upon substantial evidence in the record, the
line 6 administrator may determine in individual cases that best
line 7 achievable protection is provided by establishing requirements
line 8 that provide the greatest degree of protection achievable without
line 9 imposing costs that significantly outweigh the incremental
line 10 protection that would otherwise be provided. The studies shall do
line 11 all of the following:
line 12 (1) Evaluate the effectiveness of dispersants and other chemical
line 13 agents in oil spill response under varying environmental conditions.
line 14 (2) Evaluate potential adverse impacts on the environment and
line 15 public health including, but not limited to, adverse toxic impacts
line 16 on water quality, fisheries, and wildlife with consideration to
line 17 bioaccumulation and synergistic impacts, and the potential for
line 18 human exposure, including skin contact and consumption of
line 19 contaminated seafood.
line 20 (3) Recommend appropriate uses and limitations on the use of
line 21 dispersants and other chemical agents to ensure they are used only
line 22 in situations where the administrator determines they are effective
line 23 and safe.
line 24 (c) The administrator shall evaluate the feasibility of using
line 25 commercial fishermen and other mariners for oil spill containment
line 26 and cleanup. The study shall examine the following:
line 27 (1) Equipment and technology needs.
line 28 (2) Coordination with private response personnel.
line 29 (3) Liability and insurance.
line 30 (4) Compensation.
line 31 (d) The studies shall be performed in conjunction with any
line 32 studies performed by federal, state, and international entities. The
line 33 administrator may enter into contracts for the studies.
line 34 SEC. 15. Section 8670.14 of the Government Code is amended
line 35 to read:
line 36 8670.14. The administrator shall coordinate the oil spill
line 37 prevention and response programs and facility, tank vessel, and
line 38 nontank vessel safety standards of the state with federal programs
line 39 as appropriate and to the maximum extent possible.
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line 1 SEC. 16.
line 2 SEC. 6. Section 8670.15 is added to the Government Code, to
line 3 read:
line 4 8670.15. (a) To the extent allowed by federal and state law
line 5 and to provide public transparency, the Legislature declares it is
line 6 the policy of the state that communities that face significant risks
line 7 associated with the transport or planned transport of significant
line 8 quantities of oil through or near those communities be notified of
line 9 the quantities and properties of the oil in a timely manner.
line 10 (b) The administrator shall obtain and make publicly available,
line 11 as allowed pursuant to the California Public Records Act (Chapter
line 12 3.5 (commencing with Section 6250) of Division 7 of Title 1) and
line 13 federal law, previously filed information related to the transport
line 14 of oil through, near, or into communities. The previously filed
line 15 information shall include the type and quantity of oil and its mode
line 16 of transport. The previously filed information shall be obtained
line 17 annually, at a minimum, and shall cover the immediately preceding
line 18 12-month period.
line 19 (c) For purposes of this section, “transport” includes transport
line 20 or planned transport by vessel, truck, railroad, or pipeline.
line 21 SEC. 17. Section 8670.19 of the Government Code is amended
line 22 to read:
line 23 8670.19. (a) The administrator shall periodically conduct a
line 24 comprehensive review of all oil spill contingency plans. The
line 25 administrator shall do both of the following:
line 26 (1) Segment the coast into appropriate areas as necessary.
line 27 (2) Evaluate the oil spill contingency plans for each area to
line 28 determine if deficiencies exist in equipment, personnel, training,
line 29 and any other area determined to be necessary, including those
line 30 response resources properly authorized for cascading into the area,
line 31 to ensure the best achievable protection of state waters from oil
line 32 spills.
line 33 (b) If the administrator finds that deficiencies exist, the
line 34 administrator shall, by the process set forth in Section 8670.31,
line 35 remand any oil spill contingency plans to the originating party
line 36 with recommendations for amendments necessary to ensure that
line 37 the waters of the state are protected.
line 38 SEC. 18. Section 8670.25 of the Government Code is amended
line 39 to read:
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line 1 8670.25. (a) A person who, without regard to intent or
line 2 negligence, causes or permits any oil to be discharged in or on the
line 3 waters of the state shall immediately contain, clean up, and remove
line 4 the oil in the most effective manner that minimizes environmental
line 5 damage and in accordance with the applicable contingency plans,
line 6 unless ordered otherwise by the Coast Guard or the administrator.
line 7 (b) If there is a spill, an owner or operator shall comply with
line 8 the applicable oil spill contingency plan approved by the
line 9 administrator.
line 10 SEC. 19. Section 8670.25.5 of the Government Code is
line 11 amended to read:
line 12 8670.25.5. (a) (1) Without regard to intent or negligence, any
line 13 party responsible for the discharge or threatened discharge of oil
line 14 in waters of the state shall report the discharge immediately to the
line 15 Office of Emergency Services pursuant to Section 25510 of the
line 16 Health and Safety Code.
line 17 (2) If the information initially reported pursuant to paragraph
line 18 (1) was inaccurate or incomplete, or if the quantity of oil discharged
line 19 has changed, any party responsible for the discharge or threatened
line 20 discharge of oil in waters of the state shall report the updated
line 21 information immediately to the Office of Emergency Services
line 22 pursuant to paragraph (1). The report shall contain the accurate or
line 23 complete information, or the revised quantity of oil discharged.
line 24 (b) Immediately upon receiving notification pursuant to
line 25 subdivision (a), the Office of Emergency Services shall notify the
line 26 administrator, the State Lands Commission, the California Coastal
line 27 Commission, the California regional water quality control board
line 28 having jurisdiction over the location of the discharged oil, and the
line 29 appropriate local governmental agencies in the area surrounding
line 30 the discharged oil, and take the actions required by subdivision
line 31 (d) of Section 8589.7. If the spill has occurred within the
line 32 jurisdiction of the San Francisco Bay Conservation and
line 33 Development Commission, the Office of Emergency Services shall
line 34 notify that commission. Each public agency specified in this
line 35 subdivision shall adopt an internal protocol over communications
line 36 regarding the discharge of oil and file the internal protocol with
line 37 the Office of Emergency Services.
line 38 (c) The 24-hour emergency telephone number of the Office of
line 39 Emergency Services shall be posted at every railroad dispatch,
line 40 pipeline operator control center, marine terminal, at the area of
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line 1 control of every marine facility, and on the bridge of every tankship
line 2 in marine waters.
line 3 (d) Except as otherwise provided in this section and Section
line 4 8589.7, a notification made pursuant to this section shall satisfy
line 5 any immediate notification requirement contained in any permit
line 6 issued by a permitting agency.
line 7 SEC. 20. Section 8670.26 of the Government Code is amended
line 8 to read:
line 9 8670.26. Any local or state agency responding to an oil spill
line 10 shall notify the Office of Emergency Services, if notification is
line 11 required under Section 8670.25.5, Section 13272 of the Water
line 12 Code, or any other notification procedure adopted in the California
line 13 oil spill contingency plan has not occurred.
line 14 SEC. 21. Section 8670.27 of the Government Code is amended
line 15 to read:
line 16 8670.27. (a) (1) All potentially responsible parties for an oil
line 17 spill and all of their agents and employees and all state and local
line 18 agencies shall carry out response and cleanup operations in
line 19 accordance with the applicable contingency plan, unless directed
line 20 otherwise by the administrator or the Coast Guard.
line 21 (2) Except as provided in subdivision (b), the responsible party,
line 22 potentially responsible parties, their agents and employees, the
line 23 operators of all vessels docked at a marine facility that is the source
line 24 of a discharge, and all state and local agencies shall carry out spill
line 25 response consistent with the California oil spill contingency plan
line 26 or other applicable federal, state, or local spill response plans, and
line 27 owners and operators shall carry out spill response consistent with
line 28 their applicable response contingency plans, unless directed
line 29 otherwise by the administrator or the Coast Guard.
line 30 (b) If a responsible party or potentially responsible party
line 31 reasonably, and in good faith, believes that the directions or orders
line 32 given by the administrator pursuant to subdivision (a) will
line 33 substantially endanger the public safety or the environment, the
line 34 party may refuse to act in compliance with the orders or directions
line 35 of the administrator. The responsible party or potentially
line 36 responsible party shall state, at the time of the refusal, the reasons
line 37 why the party refuses to follow the orders or directions of the
line 38 administrator. The responsible party or potentially responsible
line 39 party shall give the administrator written notice of the reasons for
line 40 the refusal within 48 hours of refusing to follow the orders or
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line 1 directions of the administrator. In any civil or criminal proceeding
line 2 commenced pursuant to this section, the burden of proof shall be
line 3 on the responsible party or potentially responsible party to
line 4 demonstrate, by clear and convincing evidence, why the refusal
line 5 to follow the orders or directions of the administrator was justified
line 6 under the circumstances.
line 7 SEC. 22. Section 8670.28 of the Government Code is amended
line 8 to read:
line 9 8670.28. (a) The administrator, taking into consideration the
line 10 facility or vessel contingency plan requirements of the State Lands
line 11 Commission, the Office of the State Fire Marshal, the California
line 12 Coastal Commission, and other state and federal agencies, shall
line 13 adopt and implement regulations governing the adequacy of oil
line 14 spill contingency plans to be prepared and implemented under this
line 15 article. All regulations shall be developed in consultation with the
line 16 Oil Spill Technical Advisory Committee, and shall be consistent
line 17 with the California oil spill contingency plan and not in conflict
line 18 with the National Contingency Plan. The regulations shall provide
line 19 for the best achievable protection of waters and natural resources
line 20 of the state. The regulations shall permit the development,
line 21 application, and use of an oil spill contingency plan for similar
line 22 vessels, pipelines, terminals, and facilities within a single company
line 23 or organization, and across companies and organizations. The
line 24 regulations shall, at a minimum, ensure all of the following:
line 25 (1) All areas of state waters are at all times protected by
line 26 prevention, response, containment, and cleanup equipment and
line 27 operations.
line 28 (2) Standards set for response, containment, and cleanup
line 29 equipment and operations are maintained and regularly improved
line 30 to protect the resources of the state.
line 31 (3) All appropriate personnel employed by operators required
line 32 to have a contingency plan receive training in oil spill response
line 33 and cleanup equipment usage and operations.
line 34 (4) Each oil spill contingency plan provides for appropriate
line 35 financial or contractual arrangements for all necessary equipment
line 36 and services for the response, containment, and cleanup of a
line 37 reasonable worst case oil spill scenario for each area the plan
line 38 addresses.
line 39 (5) Each oil spill contingency plan demonstrates that all
line 40 protection measures are being taken to reduce the possibility of
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line 1 an oil spill occurring as a result of the operation of the facility or
line 2 vessel. The protection measures shall include, but not be limited
line 3 to, response to disabled vessels and an identification of those
line 4 measures taken to comply with requirements of Division 7.8
line 5 (commencing with Section 8750) of the Public Resources Code.
line 6 (6) Each oil spill contingency plan identifies the types of
line 7 equipment that can be used, the location of the equipment, and the
line 8 time taken to deliver the equipment.
line 9 (7) Each facility, as determined by the administrator, conducts
line 10 a hazard and operability study to identify the hazards associated
line 11 with the operation of the facility, including the use of the facility
line 12 by vessels, due to operating error, equipment failure, and external
line 13 events. For the hazards identified in the hazard and operability
line 14 studies, the facility shall conduct an offsite consequence analysis
line 15 that, for the most likely hazards, assumes pessimistic water and
line 16 air dispersion and other adverse environmental conditions.
line 17 (8) Each oil spill contingency plan contains a list of contacts to
line 18 call in the event of a drill, threatened discharge of oil, or discharge
line 19 of oil.
line 20 (9) Each oil spill contingency plan identifies the measures to
line 21 be taken to protect the recreational and environmentally sensitive
line 22 areas that would be threatened by a reasonable worst case oil spill
line 23 scenario.
line 24 (10) Standards for determining a reasonable worst case oil spill.
line 25 However, for a nontank vessel, the reasonable worst case is a spill
line 26 of the total volume of the largest fuel tank on the nontank vessel.
line 27 (11) Each oil spill contingency plan specifies an agent for service
line 28 of process. The agent shall be located in this state.
line 29 (b) The regulations and guidelines adopted pursuant to this
line 30 section shall also include provisions to provide public review and
line 31 comment on submitted oil spill contingency plans.
line 32 (c) The regulations adopted pursuant to this section shall
line 33 specifically address the types of equipment that will be necessary,
line 34 the maximum time that will be allowed for deployment, the
line 35 maximum distance to cooperating response entities, the amounts
line 36 of dispersant, and the maximum time required for application,
line 37 should the use of dispersants be approved. Upon a determination
line 38 by the administrator that booming is appropriate at the site and
line 39 necessary to provide best achievable protection, the regulations
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line 1 shall require that vessels engaged in lightering operations be
line 2 boomed prior to the commencement of operations.
line 3 (d) The administrator shall adopt regulations and guidelines for
line 4 oil spill contingency plans with regard to mobile transfer units,
line 5 small marine fueling facilities, and vessels carrying oil as secondary
line 6 cargo that acknowledge the reduced risk of damage from oil spills
line 7 from those units, facilities, and vessels while maintaining the best
line 8 achievable protection for the public health and safety and the
line 9 environment.
line 10 (e) The regulations adopted pursuant to subdivision (d) shall be
line 11 exempt from review by the Office of Administrative Law.
line 12 Subsequent amendments and changes to the regulations shall not
line 13 be exempt from review by the Office of Administrative Law.
line 14 SEC. 23. Section 8670.29 of the Government Code is amended
line 15 to read:
line 16 8670.29. (a) In accordance with the rules, regulations, and
line 17 policies established by the administrator pursuant to Section
line 18 8670.28, an owner or operator of a facility, small marine fueling
line 19 facility, or mobile transfer unit, or an owner or operator of a tank
line 20 vessel, nontank vessel, or vessel carrying oil as secondary cargo,
line 21 while operating in the waters of the state or where a spill could
line 22 impact waters of the state, shall have an oil spill contingency plan
line 23 that has been submitted to, and approved by, the administrator
line 24 pursuant to Section 8670.31. An oil spill contingency plan shall
line 25 ensure the undertaking of prompt and adequate response and
line 26 removal action in case of a spill, shall be consistent with the
line 27 California oil spill contingency plan, and shall not conflict with
line 28 the National Oil and Hazardous Substances Pollution Contingency
line 29 Plan (NCP), Part 300 of Title 40 of the Code of Federal
line 30 Regulations.
line 31 (b) An oil spill contingency plan shall, at a minimum, meet all
line 32 of the following requirements:
line 33 (1) Be a written document, reviewed for feasibility and
line 34 executability, and signed by the owner or operator, or his or her
line 35 designee.
line 36 (2) Provide for the use of an incident command system to be
line 37 used during a spill.
line 38 (3) Provide procedures for reporting oil spills to local, state,
line 39 and federal agencies, and include a list of contacts to call in the
line 40 event of a drill, threatened spill, or spill.
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line 1 (4) Describe the communication plans to be used during a spill,
line 2 if different from those used by a recognized incident command
line 3 system.
line 4 (5) Describe the strategies for the protection of environmentally
line 5 sensitive areas.
line 6 (6) Identify at least one rated OSRO for each rating level
line 7 established pursuant to Section 8670.30. Each identified rated
line 8 OSRO shall be directly responsible by contract, agreement, or
line 9 other approved means to provide oil spill response activities
line 10 pursuant to the oil spill contingency plan. A rated OSRO may
line 11 provide oil spill response activities individually, or in combination
line 12 with another rated OSRO, for a particular owner or operator.
line 13 (7) Identify a qualified individual.
line 14 (8) Provide the name, address, and telephone and facsimile
line 15 numbers for an agent for service of process, located within the
line 16 state and designated to receive legal documents on behalf of the
line 17 owner or operator.
line 18 (9) Provide for training and drills on elements of the plan at
line 19 least annually, with all elements of the plan subject to a drill at
line 20 least once every three years.
line 21 (c) An oil spill contingency plan for a vessel shall also include,
line 22 but is not limited to, all of the following requirements:
line 23 (1) The plan shall be submitted to the administrator at least
line 24 seven days prior to the vessel entering waters of the state.
line 25 (2) The plan shall provide evidence of compliance with the
line 26 International Safety Management Code, established by the
line 27 International Maritime Organization, as applicable.
line 28 (3) If the oil spill contingency plan is for a tank vessel, the plan
line 29 shall include both of the following:
line 30 (A) The plan shall specify oil and petroleum cargo capacity.
line 31 (B) The plan shall specify the types of oil and petroleum cargo
line 32 carried.
line 33 (4) If the oil spill contingency plan is for a nontank vessel, the
line 34 plan shall include both of the following:
line 35 (A) The plan shall specify the type and total amount of fuel
line 36 carried.
line 37 (B) The plan shall specify the capacity of the largest fuel tank.
line 38 (d) An oil spill contingency plan for a facility shall also include,
line 39 but is not limited to, all of the following provisions, as appropriate:
line 40 (1) Provisions for site security and control.
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line 1 (2) Provisions for emergency medical treatment and first aid.
line 2 (3) Provisions for safety training, as required by state and federal
line 3 safety laws for all personnel likely to be engaged in oil spill
line 4 response.
line 5 (4) Provisions detailing site layout and locations of
line 6 environmentally sensitive areas requiring special protection.
line 7 (5) Provisions for vessels that are in the operational control of
line 8 the facility for loading and unloading.
line 9 (e) Unless preempted by federal law or regulations, an oil spill
line 10 contingency plan for a railroad also shall include, but is not limited
line 11 to, all of the following:
line 12 (1) A list of the types of train cars that may make up the consist.
line 13 (2) A list of the types of oil and petroleum products that may
line 14 be transported.
line 15 (3) A map of track routes and facilities.
line 16 (4) A list, description, and map of any prestaged spill response
line 17 equipment and personnel for deployment of the equipment.
line 18 (f) The oil spill contingency plan shall be available to response
line 19 personnel and to relevant state and federal agencies for inspection
line 20 and review.
line 21 (g) The oil spill contingency plan shall be reviewed periodically
line 22 and updated as necessary. All updates shall be submitted to the
line 23 administrator pursuant to this article.
line 24 (h) In addition to the regulations adopted pursuant to Section
line 25 8670.28, the administrator shall adopt regulations and guidelines
line 26 to implement this section. The regulations and guidelines shall
line 27 provide for the best achievable protection of waters and natural
line 28 resources of the state. The administrator may establish additional
line 29 oil spill contingency plan requirements, including, but not limited
line 30 to, requirements based on the different geographic regions of the
line 31 state. All regulations and guidelines shall be developed in
line 32 consultation with the Oil Spill Technical Advisory Committee.
line 33 (i) Notwithstanding subdivision (a) and paragraph (6) of
line 34 subdivision (b), a vessel or facility operating where a spill could
line 35 impact state waters that are not tidally influenced does not have
line 36 to identify a rated OSRO in the contingency plan until January 1,
line 37 2016.
line 38 SEC. 24.
line 39 SEC. 7. Section 8670.29.5 is added to the Government Code,
line 40 to read:
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line 1 8670.29.5. (a) The administrator shall obtain annually, at a
line 2 minimum, information on the modes of transportation of oil into
line 3 and within the state and the properties of the oil in order to evaluate
line 4 and identify any necessary changes in oil spill response and
line 5 preparedness programs to meet the goals of this chapter.
line 6 (b) The administrator shall provide this information to the Oil
line 7 Spill Technical Advisory Committee, established pursuant to
line 8 Section 8670.54.
line 9 SEC. 25. Section 8670.30.5 of the Government Code is
line 10 amended to read:
line 11 8670.30.5. (a) The administrator may review each oil spill
line 12 contingency plan that has been approved pursuant to Section
line 13 8670.29 to determine whether it complies with Sections 8670.28
line 14 and 8670.29.
line 15 (b) If the administrator finds the approved oil spill contingency
line 16 plan is deficient, the plan shall be returned to the operator with
line 17 written reasons why the approved plan was found inadequate and,
line 18 if practicable, suggested modifications or alternatives. The operator
line 19 shall submit a new or modified plan within 30 days that responds
line 20 to the deficiencies identified by the administrator.
line 21 SEC. 26. Section 8670.31 of the Government Code is amended
line 22 to read:
line 23 8670.31. (a) Each oil spill contingency plan required under
line 24 this article shall be submitted to the administrator for review and
line 25 approval.
line 26 (b) The administrator shall review each submitted contingency
line 27 plan to determine whether it complies with the administrator’s
line 28 rules, policies, and regulations adopted pursuant to Section 8670.28
line 29 and 8670.29. The administrator may issue a preliminary approval
line 30 pending final approval or disapproval.
line 31 (c) Each contingency plan submitted shall be approved or
line 32 disapproved within 30 days after receipt by the administrator. The
line 33 administrator may approve or disapprove portions of a plan. A
line 34 plan is not deemed approved until all portions are approved
line 35 pursuant to this section. The disapproved portion shall be subject
line 36 to the procedures contained in subdivision (d).
line 37 (d) If the administrator finds the submitted contingency plan is
line 38 inadequate under the rules, policies, and regulations of the
line 39 administrator, the plan shall be returned to the submitter with
line 40 written reasons why the plan was found inadequate and, if
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line 1 practicable, suggested modifications or alternatives, if appropriate.
line 2 The submitter shall submit a new or modified plan within 30 days
line 3 after the earlier plan was returned, responding to the findings and
line 4 incorporating any suggested modifications. The resubmittal shall
line 5 be treated as a new submittal and processed according to the
line 6 provisions of this section, except that the resubmitted plan shall
line 7 be deemed approved unless the administrator acts pursuant to
line 8 subdivision (c).
line 9 (e) The administrator may make inspections and require drills
line 10 of any oil spill contingency plan that is submitted.
line 11 (f) After the plan has been approved, it shall be resubmitted
line 12 every five years thereafter. The administrator may require earlier
line 13 or more frequent resubmission, if warranted. Circumstances that
line 14 would require an earlier resubmission include, but are not limited
line 15 to, changes in regulations, new oil spill response technologies,
line 16 deficiencies identified in the evaluation conducted pursuant to
line 17 Section 8670.19, or a need for a different oil spill response because
line 18 of increased need to protect endangered species habitat. The
line 19 administrator may deny approval of the resubmitted plan if it is
line 20 no longer considered adequate according to the adopted rules,
line 21 regulations, and policies of the administrator at the time of
line 22 resubmission.
line 23 (g) Each owner or operator of a tank vessel, nontank vessel
line 24 carrying oil as a secondary cargo, or facility who is required to
line 25 file an oil spill response plan or update pursuant to provisions of
line 26 federal law regulating oil spill response plans shall submit, for
line 27 informational purposes only and upon request of the administrator,
line 28 a copy of that plan or update to the administrator at the time that
line 29 it is approved by the relevant federal agency.
line 30 SEC. 27. Section 8670.32 of the Government Code is amended
line 31 to read:
line 32 8670.32. (a) To reduce the risk of an oil spill as a result of
line 33 fuel, cargo, and lube oil transfers, the administrator shall develop
line 34 and implement a screening mechanism and a comprehensive
line 35 risk-based monitoring program for inspecting the bunkering and
line 36 lightering operations of vessels at anchor and alongside a dock.
line 37 This program shall identify those bunkering and lightering
line 38 operations that pose the highest risk of a pollution incident.
line 39 (b) The administrator shall ensure that all bunkering and
line 40 lightering operations that, pursuant to subdivision (a), pose the
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line 1 highest risk of a pollution incident are routinely monitored and
line 2 inspected. The administrator shall coordinate the monitoring and
line 3 inspection program with the Coast Guard.
line 4 (c) The administrator shall establish regulations to provide for
line 5 the best achievable protection during bunkering and lightering
line 6 operations.
line 7 (d) This section shall remain in effect only until January 1, 2015,
line 8 and as of that date is repealed, unless a later enacted statute, that
line 9 is enacted before January 1, 2015, deletes or extends that date.
line 10 SEC. 28.
line 11 SEC. 8. Section 8670.32.5 is added to the Government Code,
line 12 to read:
line 13 8670.32.5. The administrator, in consultation with the
line 14 appropriate local, state, and federal regulators, shall conduct a
line 15 comprehensive risk assessment of nonvessel modes of
line 16 transportation of oil and shall identify those operations that pose
line 17 the highest risk of a pollution incident in state waters. The
line 18 assessment shall include a consideration of the likely range in
line 19 properties of the oil.
line 20 SEC. 29. Section 8670.33 of the Government Code is amended
line 21 to read:
line 22 8670.33. (a) If the operator of a tank ship or tank barge for
line 23 which a contingency plan has not been approved desires to have
line 24 the tank ship or tank barge enter waters of the state, the
line 25 administrator may give approval by telephone or facsimile machine
line 26 for the entry of the tank ship or tank barge into waters of the state
line 27 under an approved contingency plan applicable to a terminal or
line 28 tank ship, if all of the following are met:
line 29 (1) The terminal or tank ship is the destination of the tank ship
line 30 or tank barge.
line 31 (2) The operator of the terminal or the tank ship provides the
line 32 administrator advance written assurance that the operator assumes
line 33 all responsibility for the operations of the tank ship or tank barge
line 34 while it is in waters of the state traveling to or from the terminal.
line 35 The assurance may be delivered by hand or by mail or may be sent
line 36 by facsimile machine, followed by delivery of the original.
line 37 (3) The approved terminal or tank ship contingency plan
line 38 includes all conditions the administrator requires for the operations
line 39 of tank ship or tank barges traveling to and from the terminal.
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line 1 (4) The tank ship or tank barge and its operations meet all
line 2 requirements of the contingency plan for the tank ship or terminal
line 3 that is the destination of the tank ship or tank barge.
line 4 (5) The tank ship or tank barge without an approved contingency
line 5 plan has not entered waters of the state more than once in the
line 6 12-month period preceding the request made under this section.
line 7 (b) At all times that a tank ship or tank barge is in waters of the
line 8 state pursuant to subdivision (a), its operators and all their agents
line 9 and employees shall operate the vessel in accordance with the
line 10 applicable operations manual or, if there is an oil spill, in
line 11 accordance with the directions of the administrator and the
line 12 applicable contingency plan.
line 13 SEC. 30. Section 8670.34 of the Government Code is amended
line 14 to read:
line 15 8670.34. This article shall not apply to any tank vessel, nontank
line 16 vessel, or vessel carrying oil as a secondary cargo that enters waters
line 17 of the state because of imminent danger to the lives of
line 18 crewmembers or if entering waters of the state will substantially
line 19 aid in preventing an oil spill or other harm to public safety or the
line 20 environment, if the operators of the tank vessel, nontank vessel,
line 21 or vessel carrying oil as a secondary cargo comply with all of the
line 22 following:
line 23 (a) The operators or crew of the tank vessel, nontank vessel, or
line 24 vessel carrying oil as a secondary cargo comply at all times with
line 25 all orders and directions given by the administrator, or his or her
line 26 designee, while the tank vessel, nontank vessel, or vessel carrying
line 27 oil as a secondary cargo is in waters of the state, unless the orders
line 28 or directions are contradicted by orders or directions of the Coast
line 29 Guard.
line 30 (b) Except for fuel, oil may be transferred to or from the tank
line 31 vessel, nontank vessel, or vessel carrying oil as a secondary cargo
line 32 while it is in waters of the state only if permission is obtained for
line 33 the transfer of oil and one of the following conditions is met:
line 34 (1) The transfer is necessary for the safety of the crew.
line 35 (2) The transfer is necessary to prevent harm to public safety
line 36 or the environment.
line 37 (3) An oil spill contingency plan is approved or made applicable
line 38 to the tank vessel, nontank vessel, or vessel carrying oil as a
line 39 secondary cargo, under subdivision (c).
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line 1 (c) The tank vessel, nontank vessel, or vessel carrying oil as a
line 2 secondary cargo shall leave the waters of the state as soon as it
line 3 may do so without imminent risk of harm to the crew, public safety,
line 4 or the environment, unless an oil spill contingency plan is approved
line 5 or made applicable to it under this article.
line 6 SEC. 31. Section 8670.35 of the Government Code is amended
line 7 to read:
line 8 8670.35. (a) The administrator, taking into consideration the
line 9 California oil spill contingency plan, shall promulgate regulations
line 10 regarding the adequacy of oil spill elements of area plans required
line 11 pursuant to Section 25503 of the Health and Safety Code. In
line 12 developing the regulations, the administrator shall consult with
line 13 the Oil Spill Technical Advisory Committee.
line 14 (b) The administrator may offer, to a unified program agency
line 15 with jurisdiction over or directly adjacent to waters of the state, a
line 16 grant to complete, update, or revise an oil spill element of the area
line 17 plan.
line 18 (c) Each oil spill element established under this section shall
line 19 include provisions for training fire and police personnel in oil spill
line 20 response and cleanup equipment use and operations.
line 21 (d) Each oil spill element prepared under this section shall be
line 22 consistent with the local government’s local coastal program as
line 23 certified under Section 30500 of the Public Resources Code, the
line 24 California oil spill contingency plan, and the National Contingency
line 25 Plan.
line 26 (e) If a grant is awarded, the administrator shall review and
line 27 approve each oil spill element established pursuant to this section.
line 28 If, upon review, the administrator determines that the oil spill
line 29 element is inadequate, the administrator shall return it to the agency
line 30 that prepared it, specifying the nature and extent of the
line 31 inadequacies, and, if practicable, suggesting modifications. The
line 32 unified program agency shall submit a new or modified element
line 33 within 90 days after the element was returned, responding to the
line 34 findings and incorporating any suggested modifications.
line 35 (f) The administrator shall review the preparedness of unified
line 36 program agencies to determine whether a program of grants for
line 37 completing oil spill elements is desirable and should be continued.
line 38 If the administrator determines that local government preparedness
line 39 should be improved, the administrator shall request the Legislature
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line 1 to appropriate funds from the Oil Spill Prevention and
line 2 Administration Fund for the purposes of this section.
line 3 SEC. 32.
line 4 SEC. 9. Section 8670.36 of the Government Code is amended
line 5 to read:
line 6 8670.36. The administrator shall, within five working days
line 7 after receipt of a contingency plan prepared pursuant to Section
line 8 8670.28 or 8670.35, post a notice that the plan is available for
line 9 review. The administrator shall send a copy of the plan within two
line 10 working days after receiving a request from the Oil Spill Technical
line 11 Advisory Committee. The State Lands Commission and the
line 12 California Coastal Commission shall review the plans for facilities
line 13 or local governments within the coastal zone. The San Francisco
line 14 Bay Conservation and Development Commission shall review the
line 15 plans for facilities or local governments within the area described
line 16 in Sections 66610 and 29101 of the Public Resources Code. The
line 17 California Environmental Protection Agency and the Office of
line 18 Emergency Services shall review the plans for facilities or local
line 19 governments located outside of the coastal zone. Any state agency
line 20 or committee that comments shall submit its comments to the
line 21 administrator within 15 days of receipt of the plan. The
line 22 administrator shall consider all comments.
line 23 SEC. 33. Section 8670.37 of the Government Code is amended
line 24 to read:
line 25 8670.37. (a) The administrator, with the assistance of the State
line 26 Lands Commission, the California Coastal Commission, the
line 27 Executive Director of the San Francisco Bay Conservation and
line 28 Development Commission, or other appropriate agency, shall carry
line 29 out studies with regard to improvements to contingency planning
line 30 and oil spill response equipment and operations.
line 31 (b) To the greatest extent possible, these studies shall be
line 32 coordinated with studies being done by the federal government,
line 33 and other appropriate state and international entities, and
line 34 duplication with the efforts of other entities shall be minimized.
line 35 (c) The administrator, the State Lands Commission, the
line 36 California Coastal Commission, the Executive Director of the San
line 37 Francisco Bay Conservation and Development Commission, or
line 38 other appropriate agency may be reimbursed for all costs incurred
line 39 in carrying out the studies under this section from the Oil Spill
line 40 Prevention and Administration Fund.
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line 1 SEC. 34. Section 8670.37.5 of the Government Code is amended
line 2 to read:
line 3 8670.37.5. (a) The administrator shall establish a network of
line 4 rescue and rehabilitation stations for wildlife injured by oil spills,
line 5 including sea otters and other marine mammals. In addition to
line 6 rehabilitative care, the primary focus of the Oiled Wildlife Care
line 7 Network shall include proactive oiled wildlife search and collection
line 8 rescue efforts. These facilities shall be established and maintained
line 9 in a state of preparedness to provide the best achievable treatment
line 10 for wildlife, mammals, and birds affected by an oil spill in waters
line 11 of the state. The administrator shall consider all feasible
line 12 management alternatives for operation of the network.
line 13 (b) (1) The first rescue and rehabilitation station established
line 14 pursuant to this section shall be located within the sea otter range
line 15 on the central coast. The administrator initially shall establish
line 16 regional oiled wildlife rescue and rehabilitation facilities in the
line 17 Los Angeles Harbor area, the San Francisco Bay area, the San
line 18 Diego area, the Monterey Bay area, the Humboldt County area,
line 19 and the Santa Barbara area. The administrator also may establish
line 20 facilities in other areas of the state as the administrator determines
line 21 to be necessary.
line 22 (2) One or more of the oiled wildlife rescue and rehabilitation
line 23 stations shall be open to the public for educational purposes and
line 24 shall be available for wildlife health research. Wherever possible
line 25 in the establishment of these facilities, the administrator shall
line 26 improve existing authorized rehabilitation facilities and may
line 27 expand or take advantage of existing educational or scientific
line 28 programs and institutions for oiled wildlife rehabilitation purposes.
line 29 Expenditures shall be reviewed by the agencies and organizations
line 30 specified in subdivision (c).
line 31 (c) The administrator shall consult with the United States Fish
line 32 and Wildlife Service, the National Marine Fisheries Service, the
line 33 California Coastal Commission, the Executive Director of the San
line 34 Francisco Bay Conservation and Development Commission, the
line 35 Marine Mammal Center, and International Bird Rescue in the
line 36 design, planning, construction, and operation of the rescue and
line 37 rehabilitation stations. All proposals for the rescue and
line 38 rehabilitation stations shall be presented before a public hearing
line 39 prior to the construction and operation of any rehabilitation station,
line 40 and, upon completion of the coastal protection element of the
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line 1 California oil spill contingency plan, shall be consistent with the
line 2 coastal protection element.
line 3 (d) The administrator may enter into agreements with nonprofit
line 4 organizations to establish and equip wildlife rescue and
line 5 rehabilitation stations and to ensure that they are operated in a
line 6 professional manner in keeping with the pertinent guidance
line 7 documents issued by the administrator. The implementation of the
line 8 agreement shall not constitute a California public works project.
line 9 The agreement shall be deemed a contract for wildlife rehabilitation
line 10 as authorized by Section 8670.61.5.
line 11 (e) In the event of a spill, the responsible party may request that
line 12 the administrator perform the rescue and rehabilitation of oiled
line 13 wildlife required of the responsible party pursuant to this chapter
line 14 if the responsible party and the administrator enter into an
line 15 agreement for the reimbursement of the administrator’s costs
line 16 incurred in taking the requested action. If the administrator
line 17 performs the rescue and rehabilitation of oiled wildlife, the
line 18 administrator shall primarily utilize the network of rescue and
line 19 rehabilitation stations established pursuant to subdivision (a),
line 20 unless more immediate care is required. Any of those activities
line 21 conducted pursuant to this section or Section 8670.56.5 or
line 22 8670.61.5 shall be performed under the direction of the
line 23 administrator. This subdivision does not remove the responsible
line 24 party from liability for the costs of, or the responsibility for, the
line 25 rescue and rehabilitation of oiled wildlife, as established by this
line 26 chapter. This subdivision does not prohibit an owner or operator
line 27 from retaining, in a contingency plan prepared pursuant to this
line 28 article, wildlife rescue and rehabilitation services different from
line 29 the rescue and rehabilitation stations established pursuant to this
line 30 section.
line 31 (f) (1) The administrator shall appoint a rescue and
line 32 rehabilitation advisory board to advise the administrator regarding
line 33 operation of the network of rescue and rehabilitation stations
line 34 established pursuant to subdivision (a), including the economic
line 35 operation and maintenance of the network. For the purpose of
line 36 assisting the administrator in determining what constitutes the best
line 37 achievable treatment for oiled wildlife, the advisory board shall
line 38 provide recommendations to the administrator on the care achieved
line 39 by current standard treatment methods, new or alternative treatment
line 40 methods, the costs of treatment methods, and any other information
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line 1 that the advisory board believes that the administrator might find
line 2 useful in making that determination. The administrator shall consult
line 3 with the advisory board in preparing the administrator’s submission
line 4 to the Legislature pursuant to subdivision (a) of Section 8670.40.5.
line 5 The administrator shall present the recommendations of the
line 6 advisory board to the Oil Spill Technical Advisory Committee
line 7 created pursuant to Article 8 (commencing with Section 8670.54),
line 8 upon the request of the committee.
line 9 (2) The advisory board shall consist of a balance between
line 10 representatives of the oil industry, wildlife rehabilitation
line 11 organizations, and academia. One academic representative shall
line 12 be from a veterinary school within this state. The United States
line 13 Fish and Wildlife Service and the National Marine Fisheries
line 14 Service shall be requested to participate as ex officio members.
line 15 (3) (A) The Legislature hereby finds and declares that since
line 16 the administrator may rely on the expertise provided by the
line 17 volunteer members of the advisory board and may be guided by
line 18 their recommendations in making decisions that relate to the
line 19 operation of the network of rescue and rehabilitation stations, those
line 20 members should be entitled to the same immunity from liability
line 21 that is provided other public employees.
line 22 (B) Members of the advisory board, while performing functions
line 23 within the scope of advisory board duties, shall be entitled to the
line 24 same rights and immunities granted public employees by Article
line 25 3 (commencing with Section 820) of Chapter 1 of Part 2 of
line 26 Division 3.6 of Title 1. Those rights and immunities are deemed
line 27 to have attached, and shall attach, as of the date of appointment
line 28 of the member to the advisory board.
line 29 (g) The administrator shall ensure the state’s ability to prevent
line 30 the contamination of wildlife and to identify, collect, rescue, and
line 31 treat oiled wildlife through all of the following:
line 32 (1) Providing for the recruitment and training of an adequate
line 33 network of wildlife specialists and volunteers from Oiled Wildlife
line 34 Care Network participant organizations who can be called into
line 35 immediate action in the event of an oil spill to assist in the field
line 36 with collection of live oiled wildlife. The training shall include a
line 37 process for certification of trained volunteers and renewal of
line 38 certifications. The initial wildlife rescue training shall include field
line 39 experience in species identification and appropriate field collection
line 40 techniques for species at risk in different spills. In addition to
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line 1 training in wildlife rescue, the administrator shall provide for
line 2 appropriate hazardous materials training for new volunteers and
line 3 contract personnel, with refresher courses offered as necessary to
line 4 allow for continual readiness of search and collection teams.
line 5 Moneys in the Oil Spill Prevention and Administration Fund shall
line 6 not be used to reimburse volunteers for time or travel associated
line 7 with required training.
line 8 (2) Developing and implementing a plan for the provision of
line 9 emergency equipment for wildlife rescue in strategic locations to
line 10 facilitate ready deployment in the case of an oil spill. The
line 11 administrator shall ensure that the equipment identified as
line 12 necessary in his or her wildlife response plan is available and
line 13 deployed in a timely manner to assist in providing the best
line 14 achievable protection and collection efforts.
line 15 (3) Developing the capacity of the Oiled Wildlife Care Network
line 16 to recruit and train an adequate field team for collection of live
line 17 oiled wildlife, as specified in paragraph (1), by providing staffing
line 18 for field operations, coordination, and volunteer outreach for the
line 19 Oiled Wildlife Care Network. The duties of the field operations
line 20 and volunteer outreach staff shall include recruitment and
line 21 coordination of additional participation in the Oiled Wildlife Care
line 22 Network by other existing organizations with experience and
line 23 expertise in wildlife rescue and handling, including scientific
line 24 organizations, educational institutions, public agencies, and
line 25 nonprofit organizations dedicated to wildlife conservation, and
line 26 recruitment, training, and supervision of volunteers from Oiled
line 27 Wildlife Care Network participating organizations.
line 28 (4) Ensuring that qualified persons with experience and expertise
line 29 in wildlife rescue are assigned to oversee and supervise wildlife
line 30 recovery search and collection efforts, as specified in the
line 31 administrator’s wildlife response plan. The administrator shall
line 32 provide for and ensure that all persons involved in field collection
line 33 of oiled wildlife receive training in search and capture techniques
line 34 and hazardous materials certification, as appropriate.
line 35 SEC. 35. Section 8670.37.51 of the Government Code is
line 36 amended to read:
line 37 8670.37.51. (a) A tank vessel or vessel carrying oil as a
line 38 secondary cargo shall not be used to transport oil across waters of
line 39 the state unless the owner or operator has applied for and obtained
line 40 a certificate of financial responsibility issued by the administrator
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SB 1319— 43 —
line 1 for that vessel or for the owner of all of the oil contained in and
line 2 to be transferred to or from that vessel.
line 3 (b) An operator of a marine terminal within the state shall not
line 4 transfer oil to or from a tank vessel or vessel carrying oil as a
line 5 secondary cargo unless the operator of the marine terminal has
line 6 received a copy of a certificate of financial responsibility issued
line 7 by the administrator for the operator of that vessel or for all of the
line 8 oil contained in and to be transferred to or from that vessel.
line 9 (c) An operator of a marine terminal within the state shall not
line 10 transfer oil to or from any vessel that is or is intended to be used
line 11 for transporting oil as cargo to or from a second vessel unless the
line 12 operator of the marine terminal has first received a copy of a
line 13 certificate of financial responsibility issued by the administrator
line 14 for the person responsible for both the first and second vessels or
line 15 all of the oil contained in both vessels, as well as all the oil to be
line 16 transferred to or from both vessels.
line 17 (d) An owner or operator of a facility where a spill could impact
line 18 waters of the state shall apply for and obtain a certificate of
line 19 financial responsibility issued by the administrator for the facility
line 20 or the oil to be handled, stored, or transported by the facility.
line 21 (e) Pursuant to Section 8670.37.58, nontank vessels shall obtain
line 22 a certificate of financial responsibility.
line 23 SEC. 36. Section 8670.37.52 of the Government Code is
line 24 amended to read:
line 25 8670.37.52. The certificate of financial responsibility shall be
line 26 conclusive evidence that the person or entity holding the certificate
line 27 is the party responsible for the specified vessel, facility, or oil for
line 28 purposes of determining liability pursuant to this chapter.
line 29 SEC. 37. Section 8670.37.53 of the Government Code is
line 30 amended to read:
line 31 8670.37.53. (a) To receive a certificate of financial
line 32 responsibility for a tank vessel or for all of the oil contained within
line 33 that vessel, the applicant shall demonstrate to the satisfaction of
line 34 the administrator the financial ability to pay at least one billion
line 35 dollars ($1,000,000,000) for any damages that may arise during
line 36 the term of the certificate.
line 37 (b) The administrator may establish a lower standard of financial
line 38 responsibility for small tank barges, vessels carrying oil as a
line 39 secondary cargo, and small marine fueling facilities. The standard
line 40 shall be based on the quantity of oil that can be carried or stored
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line 1 and the risk of spill into waters of the state. The administrator shall
line 2 not set a standard that is less than the expected costs from a
line 3 reasonable worst case oil spill into waters of the state.
line 4 (c) (1) To receive a certificate of financial responsibility for a
line 5 facility, the applicant shall demonstrate to the satisfaction of the
line 6 administrator the financial ability to pay for any damages that
line 7 might arise during a reasonable worst case oil spill into waters of
line 8 the state that results from the operations of the facility. The
line 9 administrator shall consider criteria including, but not necessarily
line 10 limited to, the amount of oil that could be spilled into waters of
line 11 the state from the facility, the cost of cleaning up spilled oil, the
line 12 frequency of operations at the facility, and the damages that could
line 13 result from a spill.
line 14 (2) The administrator shall adopt regulations to implement this
line 15 section.
line 16 SEC. 38. Section 8670.37.55 of the Government Code is
line 17 amended to read:
line 18 8670.37.55. (a) An owner or operator of more than one tank
line 19 vessel, vessel carrying oil as a secondary cargo, nontank vessel,
line 20 or facility shall only be required to obtain one certificate of
line 21 financial responsibility for all of those vessels and facilities owned
line 22 or operated.
line 23 (b) If a person holds a certificate for more than one tank vessel,
line 24 vessel carrying oil as a secondary cargo, nontank vessel, or facility
line 25 and a spill or spills occurs from one or more of those vessels or
line 26 facilities for which the owner or operator may be liable for damages
line 27 in an amount exceeding 5 percent of the financial resources
line 28 reflected by the certificate, as determined by the administrator, the
line 29 certificate shall immediately be considered inapplicable to any
line 30 vessel or facility not associated with the spill. In that event, the
line 31 owner or operator shall demonstrate to the satisfaction of the
line 32 administrator the amount of financial ability required pursuant to
line 33 this article, as well as the financial ability to pay all damages that
line 34 arise or have arisen from the spill or spills that have occurred.
line 35 SEC. 39. Section 8670.37.58 of the Government Code is
line 36 amended to read:
line 37 8670.37.58. (a) A nontank vessel shall not enter waters of the
line 38 state unless the nontank vessel owner or operator has provided to
line 39 the administrator evidence of financial responsibility that
line 40 demonstrates, to the administrator’s satisfaction, the ability to pay
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line 1 at least three hundred million dollars ($300,000,000) to cover
line 2 damages caused by a spill, and the owner or operator of the nontank
line 3 vessel has obtained a certificate of financial responsibility from
line 4 the administrator for the nontank vessel.
line 5 (b) Notwithstanding subdivision (a), the administrator may
line 6 establish a lower standard of financial responsibility for a nontank
line 7 vessel that has a carrying capacity of 6,500 barrels of oil or less,
line 8 or for a nontank vessel that is owned and operated by California
line 9 or a federal agency and has a carrying capacity of 7,500 barrels of
line 10 oil or less. The standard shall be based upon the quantity of oil
line 11 that can be carried by the nontank vessel and the risk of an oil spill
line 12 into waters of the state. The administrator shall not set a standard
line 13 that is less than the expected cleanup costs and damages from an
line 14 oil spill into waters of the state.
line 15 (c) The administrator may adopt regulations to implement this
line 16 section.
line 17 SEC. 40.
line 18 SEC. 10. Section 8670.40 of the Government Code is amended
line 19 to read:
line 20 8670.40. (a) The State Board of Equalization shall collect a
line 21 fee in an amount annually determined by the administrator to be
line 22 sufficient to pay the reasonable regulatory costs to carry out the
line 23 purposes set forth in subdivision (e), and a reasonable reserve for
line 24 contingencies. The oil spill prevention and administration fee shall
line 25 be based on each barrel of crude oil or petroleum products, as
line 26 described in subdivision (b).
line 27 (b) (1) The oil spill prevention and administration fee shall be
line 28 imposed upon a person owning crude oil at the time that the crude
line 29 oil is received at a marine terminal, by any mode of delivery that
line 30 passed over, across, under, or through waters of the state, from
line 31 within or outside the state, and upon a person who owns petroleum
line 32 products at the time that those petroleum products are received at
line 33 a marine terminal, by any mode of delivery that passed over, across,
line 34 under, or through waters of the state, from outside this state. The
line 35 fee shall be collected by the marine terminal operator from the
line 36 owner of the crude oil or petroleum products for each barrel of
line 37 crude oil or petroleum products received.
line 38 (2) The oil spill prevention and administration fee shall be
line 39 imposed upon a person owning crude oil at the time the crude oil
line 40 is received at a refinery within the state by any mode of delivery
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line 1 that passed over, across, under, or through waters of the state,
line 2 whether from within or outside the state. The refinery shall collect
line 3 the fee from the owner of the crude oil for each barrel of crude oil
line 4 or petroleum products received.
line 5 (3) The fees shall be remitted to the State Board of Equalization
line 6 by the owner of the crude oil or petroleum products, the refinery
line 7 operator, or the marine terminal operator on the 25th day of the
line 8 month based upon the number of barrels of crude oil or petroleum
line 9 products received at a refinery or marine terminal during the
line 10 preceding month. A fee shall not be imposed pursuant to this
line 11 section with respect to crude oil or petroleum products if the person
line 12 who would be liable for that fee, or responsible for its collection,
line 13 establishes that the fee has already been collected by a refinery or
line 14 marine terminal operator registered under this chapter or paid to
line 15 the State Board of Equalization with respect to the crude oil or
line 16 petroleum product.
line 17 (4) The oil spill prevention and administration fee shall not be
line 18 collected by a marine terminal operator or refinery operator or
line 19 imposed on the owner of crude oil or petroleum products if the fee
line 20 has been previously collected or paid on the crude oil or petroleum
line 21 products at another marine terminal or refinery. It shall be the
line 22 obligation of the marine terminal operator, refinery operator, or
line 23 owner of crude oil or petroleum products to show that the fee has
line 24 already been paid on the same crude oil or petroleum products.
line 25 (5) An owner of crude oil or petroleum products is liable for
line 26 the fee until it has been paid to the State Board of Equalization,
line 27 except that payment to a refinery operator or marine terminal
line 28 operator registered under this chapter is sufficient to relieve the
line 29 owner from further liability for the fee.
line 30 (6) On or before January 20, the administrator shall annually
line 31 prepare a plan that projects revenues and expenses over three fiscal
line 32 years, including the current year. Based on the plan, the
line 33 administrator shall set the fee so that projected revenues, including
line 34 any interest, are equivalent to expenses as reflected in the current
line 35 Budget Act and in the proposed budget submitted by the Governor.
line 36 In setting the fee, the administrator may allow for a surplus if the
line 37 administrator finds that revenues will be exhausted during the
line 38 period covered by the plan or that the surplus is necessary to cover
line 39 possible contingencies. The administrator shall notify the State
line 40 Board of Equalization of the adjusted fee rate, which shall be
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SB 1319— 47 —
line 1 rounded to no more than four decimal places, to be effective the
line 2 first day of the month beginning not less than 30 days from the
line 3 date of the notification.
line 4 (c) The moneys collected pursuant to subdivision (a) shall be
line 5 deposited into the fund.
line 6 (d) The State Board of Equalization shall collect the fee and
line 7 adopt regulations for implementing the fee collection program.
line 8 (e) The fee described in this section shall be collected solely
line 9 for all of the following purposes:
line 10 (1) To implement oil spill prevention programs through rules,
line 11 regulations, leasing policies, guidelines, and inspections and to
line 12 implement research into prevention and control technology.
line 13 (2) To carry out studies that may lead to improved oil spill
line 14 prevention and response.
line 15 (3) To finance environmental and economic studies relating to
line 16 the effects of oil spills.
line 17 (4) To implement, install, and maintain emergency programs,
line 18 equipment, and facilities to respond to, contain, and clean up oil
line 19 spills and to ensure that those operations will be carried out as
line 20 intended.
line 21 (5) To reimburse the State Board of Equalization for its
line 22 reasonable costs incurred to implement this chapter and to carry
line 23 out Part 24 (commencing with Section 46001) of Division 2 of the
line 24 Revenue and Taxation Code.
line 25 (6) To fund the Oiled Wildlife Care Network pursuant to Section
line 26 8670.40.5.
line 27 (f) The moneys deposited in the fund shall not be used for
line 28 responding to a spill.
line 29 (g) The moneys deposited in the fund shall not be used to
line 30 provide a loan to any other fund.
line 31 (h) Every person who operates a refinery, a marine terminal in
line 32 waters of the state, or a pipeline shall register with the State Board
line 33 of Equalization, pursuant to Section 46101 of the Revenue and
line 34 Taxation Code.
line 35 SEC. 41. Section 8670.40.5 is added to the Government Code,
line 36 to read:
line 37 8670.40.5. (a) For each fiscal year, consistent with this article,
line 38 the administrator shall submit, as a proposed appropriation in the
line 39 Governor’s Budget, an amount up to two million five hundred
line 40 thousand dollars ($2,500,000) for the purpose of equipping,
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line 1 operating, and maintaining the network of oiled wildlife rescue
line 2 and rehabilitation stations and proactive oiled wildlife search and
line 3 collection rescue efforts established pursuant to Section 8670.37.5
line 4 and for the support of technology development and research related
line 5 to oiled wildlife care.
line 6 (b) The administrator shall report to the Legislature, upon
line 7 request, on the progress and effectiveness of the network of oiled
line 8 wildlife rescue and rehabilitation stations established pursuant to
line 9 Section 8670.37.5 and the adequacy of the Oil Spill Prevention
line 10 and Administration Fund to meet the purposes for which the
line 11 network was established.
line 12 (c) At the administrator’s request, the funds made available
line 13 pursuant to this section may be directly appropriated to a suitable
line 14 program for wildlife health and rehabilitation within a school of
line 15 veterinary medicine within this state, if an agreement exists,
line 16 consistent with this chapter, between the administrator and an
line 17 appropriate representative of the program for carrying out that
line 18 purpose. The administrator shall attempt to have an agreement in
line 19 place at all times. The agreement shall ensure that the training of,
line 20 and the care provided by, the program staff are at levels that are
line 21 consistent with those standards generally accepted within the
line 22 veterinary profession.
line 23 (d) The funds made available pursuant to this section shall not
line 24 be considered an offset to any other state funds appropriated to
line 25 the program, the program’s associated school of veterinary
line 26 medicine, or the program’s associated college or university. The
line 27 funds shall not be used for any other purpose. If an offset does
line 28 occur or the funds are used for an unintended purpose, the
line 29 administrator may terminate expenditure of any funds appropriated
line 30 pursuant to this section and the administrator may request a
line 31 reappropriation to accomplish the intended purpose. The
line 32 administrator shall annually review and approve the proposed uses
line 33 of any funds made available pursuant to this section.
line 34 SEC. 42. Section 8670.42 of the Government Code is amended
line 35 to read:
line 36 8670.42. (a) The administrator and the State Lands
line 37 Commission, independently, shall contract with the Department
line 38 of Finance for the preparation of a detailed report that shall be
line 39 submitted on or before January 1, 2013, and no less than once
line 40 every four years thereafter, to the Governor and the Legislature
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line 1 on the financial basis and programmatic effectiveness of the state’s
line 2 oil spill prevention, response, and preparedness program. This
line 3 report shall include an analysis of all of the oil spill prevention,
line 4 response, and preparedness program’s major expenditures, fees
line 5 and fines collected, staffing and equipment levels, spills responded
line 6 to, and other relevant issues. The report shall recommend measures
line 7 to improve the efficiency and effectiveness of the state’s oil spill
line 8 prevention, response, and preparedness program, including, but
line 9 not limited to, measures to modify existing contingency plan
line 10 requirements, to improve protection of sensitive shoreline sites,
line 11 and to ensure adequate and equitable funding for the state’s oil
line 12 spill prevention, response, and preparedness program.
line 13 (b) A report to be submitted pursuant to subdivision (a) shall
line 14 be submitted in compliance with Section 9795.
line 15 SEC. 43. Section 8670.47.5 of the Government Code is
line 16 amended to read:
line 17 8670.47.5. The following shall be deposited into the fund:
line 18 (a) The fee required pursuant to Section 8670.48.
line 19 (b) Any federal funds received to pay for response, containment,
line 20 abatement, and rehabilitation costs from an oil spill in waters of
line 21 the state.
line 22 (c) Any money borrowed by the Treasurer pursuant to Article
line 23 7.5 (commencing with Section 8670.53.1) or any draw on the
line 24 financial security obtained by the Treasurer pursuant to subdivision
line 25 (o) of Section 8670.48.
line 26 (d) Any interest earned on the moneys in the fund.
line 27 (e) Any costs recovered from responsible parties pursuant to
line 28 Section 8670.53 and subdivision (e) of Section 8670.53.1.
line 29 SEC. 44. Section 8670.48 of the Government Code is amended
line 30 to read:
line 31 8670.48. (a) (1) A uniform oil spill response fee in an amount
line 32 not exceeding twenty-five cents ($0.25) for each barrel of
line 33 petroleum products, as set by the administrator pursuant to
line 34 subdivision (f), shall be imposed upon a person who owns
line 35 petroleum products at the time the petroleum products are received
line 36 at a marine terminal within this state by means of a vessel from a
line 37 point of origin outside this state. The fee shall be collected by the
line 38 marine terminal and remitted to the State Board of Equalization
line 39 by the terminal operator on the 25th day of each month based upon
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line 1 the number of barrels of petroleum products received during the
line 2 preceding month.
line 3 (2) An owner of petroleum products is liable for the fee until it
line 4 has been paid to the state, except that payment to a marine terminal
line 5 operator registered under this chapter is sufficient to relieve the
line 6 owner from further liability for the fee.
line 7 (b) An operator of a pipeline shall also pay a uniform oil spill
line 8 response fee in an amount not exceeding twenty-five cents ($0.25)
line 9 for each barrel of petroleum products, as set by the administrator
line 10 pursuant to subdivision (f), transported into the state by means of
line 11 a pipeline operating across, under, or through the waters of the
line 12 state. The fee shall be paid on the 25th day of each month based
line 13 upon the number of barrels of petroleum products so transported
line 14 into the state during the preceding month.
line 15 (c) An operator of a refinery shall pay a uniform oil spill
line 16 response fee in an amount not exceeding twenty-five cents ($0.25)
line 17 for each barrel of crude oil, as set by the administrator pursuant
line 18 to subdivision (f), received at a refinery within the state by any
line 19 method of transport. The fee shall be paid on the 25th day of each
line 20 month based upon the number of barrels of crude oil so received
line 21 during the preceding month.
line 22 (d) A marine terminal operator shall pay a uniform oil spill
line 23 response fee in an amount not exceeding twenty-five cents ($0.25),
line 24 in accordance with subdivision (g), for each barrel of crude oil, as
line 25 set by the administrator pursuant to subdivision (f), that is
line 26 transported from within this state by means of a vessel to a
line 27 destination outside this state.
line 28 (e) An operator of a pipeline shall pay a uniform oil spill
line 29 response fee in an amount not exceeding twenty-five cents ($0.25),
line 30 in accordance with subdivision (g), for each barrel of crude oil, as
line 31 set by the administrator pursuant to subdivision (f), transported
line 32 out of the state by pipeline.
line 33 (f) (1) The fees required pursuant to this section shall be
line 34 collected during any period for which the administrator determines
line 35 that collection is necessary for any of the following reasons:
line 36 (A) The amount in the fund is less than or equal to 95 percent
line 37 of the designated amount specified in subdivision (a) of Section
line 38 46012 of the Revenue and Taxation Code.
line 39 (B) Additional money is required to pay for the purposes
line 40 specified in subdivision (k).
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line 1 (C) The revenue is necessary to repay a draw on a financial
line 2 security obtained by the Treasurer pursuant to subdivision (o) or
line 3 borrowing by the Treasurer pursuant to Article 7.5 (commencing
line 4 with Section 8670.53.1), including any principal, interest, premium,
line 5 fees, charges, or costs of any kind incurred in connection with
line 6 those borrowings or financial security.
line 7 (2) The administrator, in consultation with the State Board of
line 8 Equalization, and with the approval of the Treasurer, may direct
line 9 the State Board of Equalization to cease collecting the fee when
line 10 the administrator determines that further collection of the fee is
line 11 not necessary for the purposes specified in paragraph (1).
line 12 (3) The administrator, in consultation with the State Board of
line 13 Equalization, shall set the amount of the oil spill response fees.
line 14 The oil spill response fees shall be imposed on all feepayers in the
line 15 same amount. The administrator shall not set the amount of the
line 16 fee at less than twenty-five cents ($0.25) for each barrel of
line 17 petroleum products or crude oil, unless the administrator finds that
line 18 the assessment of a lesser fee will cause the fund to reach the
line 19 designated amount specified in subdivision (a) of Section 46012
line 20 of the Revenue and Taxation Code within four months. The fee
line 21 shall not be less than twenty-five cents ($0.25) for each barrel of
line 22 petroleum products or crude oil if the administrator has drawn
line 23 upon the financial security obtained by the Treasurer pursuant to
line 24 subdivision (o) or if the Treasurer has borrowed money pursuant
line 25 to Article 7.5 (commencing with Section 8670.53.1) and principal,
line 26 interest, premium, fees, charges, or costs of any kind incurred in
line 27 connection with those borrowings remain outstanding or unpaid,
line 28 unless the Treasurer has certified to the administrator that the
line 29 money in the fund is not necessary for the purposes specified in
line 30 paragraph (1).
line 31 (g) The fees imposed by subdivisions (d) and (e) shall be
line 32 imposed in any calendar year beginning the month following the
line 33 month when the total cumulative year-to-date barrels of crude oil
line 34 transported outside the state by all feepayers by means of vessel
line 35 or pipeline exceed 6 percent by volume of the total barrels of crude
line 36 oil and petroleum products subject to oil spill response fees under
line 37 subdivisions (a), (b), and (c) for the prior calendar year.
line 38 (h) For purposes of this chapter, “designated amount” means
line 39 the amounts specified in Section 46012 of the Revenue and
line 40 Taxation Code.
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line 1 (i) The administrator, in consultation with the State Board of
line 2 Equalization and with the approval of the Treasurer, shall authorize
line 3 refunds of any money collected that is not necessary for the
line 4 purposes specified in paragraph (1) of subdivision (f). The State
line 5 Board of Equalization, as directed by the administrator, and in
line 6 accordance with Section 46653 of the Revenue and Taxation Code,
line 7 shall refund the excess amount of fees collected to each feepayer
line 8 who paid the fee to the state, in proportion to the amount that each
line 9 feepayer paid into the fund during the preceding 12 monthly
line 10 reporting periods in which there was a fee due, including the month
line 11 in which the fund exceeded the specified amount. If the total
line 12 amount of money in the fund exceeds the amount specified in this
line 13 subdivision by 10 percent or less, refunds need not be ordered by
line 14 the administrator. This section does not require the refund of excess
line 15 fees as provided in this subdivision more frequently than once
line 16 each year.
line 17 (j) The State Board of Equalization shall collect the fee and
line 18 adopt regulations implementing the fee collection program. All
line 19 fees collected pursuant to this section shall be deposited in the Oil
line 20 Spill Response Trust Fund.
line 21 (k) The fee described in this section shall be collected solely
line 22 for any of the following purposes:
line 23 (1) To provide funds to cover promptly the costs of response,
line 24 containment, and cleanup of oil spills into waters of the state,
line 25 including damage assessment costs and wildlife rehabilitation as
line 26 provided in Section 8670.61.5.
line 27 (2) To cover response and cleanup costs and other damages
line 28 suffered by the state or other persons or entities from oil spills into
line 29 waters of the state that cannot otherwise be compensated by
line 30 responsible parties or the federal government.
line 31 (3) To pay claims for damages pursuant to Section 8670.51.
line 32 (4) To pay claims for damages, except for damages described
line 33 in paragraph (7) of subdivision (h) of Section 8670.56.5, pursuant
line 34 to Section 8670.51.1.
line 35 (5) To pay for the cost of obtaining financial security in the
line 36 amount specified in subdivision (b) of Section 46012 of the
line 37 Revenue and Taxation Code, as authorized by subdivision (o).
line 38 (6) To pay indemnity and related costs and expenses as
line 39 authorized by Section 8670.56.6.
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line 1 (7) To pay principal, interest, premium, if any, and fees, charges,
line 2 and costs of any kind incurred in connection with moneys drawn
line 3 by the administrator on the financial security obtained by the
line 4 Treasurer pursuant to subdivision (o) or borrowed by the Treasurer
line 5 pursuant to Article 7.5 (commencing with Section 8670.53.1).
line 6 (8) [Reserved]
line 7 (9) To respond to an imminent threat of a spill in accordance
line 8 with the provisions of Section 8670.62 pertaining to threatened
line 9 discharges.
line 10 (l) The interest that the state earns on the funds deposited into
line 11 the Oil Spill Response Trust Fund shall be deposited in the fund
line 12 and shall be used to maintain the fund at the designated amount
line 13 specified in subdivision (a) of Section 46012 of the Revenue and
line 14 Taxation Code. If the amount in the fund exceeds that designated
line 15 amount, the interest shall be deposited into the Oil Spill Prevention
line 16 and Administration Fund, and shall be available for the purposes
line 17 authorized by Article 6 (commencing with Section 8670.38).
line 18 (m) The Legislature finds and declares that effective response
line 19 to oil spills requires that the state have available sufficient funds
line 20 in a response fund. The Legislature further finds and declares that
line 21 maintenance of that fund is of utmost importance to the state and
line 22 that the money in the fund shall be used solely for the purposes
line 23 specified in subdivision (k).
line 24 (n) [Reserved]
line 25 (o) The Treasurer shall obtain financial security, in the
line 26 designated amount specified in subdivision (b) of Section 46012
line 27 of the Revenue and Taxation Code, in a form that, in the event of
line 28 an oil spill, may be drawn upon immediately by the administrator
line 29 upon making the determinations required by paragraph (2) of
line 30 subdivision (a) of Section 8670.49. The financial security may be
line 31 obtained in any of the forms described in subdivision (b) of Section
line 32 8670.53.3, as determined by the Treasurer.
line 33 (p) This section does not limit the authority of the administrator
line 34 to raise oil spill response fees pursuant to Section 8670.48.5.
line 35 SEC. 45. Section 8670.48.3 of the Government Code is
line 36 amended to read:
line 37 8670.48.3. (a) Notwithstanding subparagraph (A) of paragraph
line 38 (1) of subdivision (f) of Section 8670.48, a loan or other transfer
line 39 of money from the fund to the General Fund pursuant to the Budget
line 40 Act that reduces the balance of the Oil Spill Response Trust Fund
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line 1 to less than or equal to 95 percent of the designated amount
line 2 specified in subdivision (a) of Section 46012 of the Revenue and
line 3 Taxation Code shall not obligate the administrator to resume
line 4 collection of the oil spill response fee otherwise required by this
line 5 article if both of the following conditions are met:
line 6 (1) The annual Budget Act requires a transfer or loan from the
line 7 fund to be repaid to the fund with interest calculated at a rate earned
line 8 by the Pooled Money Investment Account as if the money had
line 9 remained in the fund.
line 10 (2) The annual Budget Act requires all transfers or loans to be
line 11 repaid to the fund on or before June 30, 2017.
line 12 (b) A transfer or loan described in subdivision (a) shall be repaid
line 13 as soon as possible if a spill occurs and the administrator
line 14 determines that response funds are needed immediately.
line 15 (c) If there is a conflict between this section and any other law
line 16 or enactment, this section shall control.
line 17 (d) This section shall become inoperative on July 1, 2017, and,
line 18 as of January 1, 2018, is repealed, unless a later enacted statute,
line 19 that becomes operative on or before January 1, 2018, deletes or
line 20 extends the dates on which it becomes inoperative and is repealed.
line 21 SEC. 46. Section 8670.49 of the Government Code is amended
line 22 to read:
line 23 8670.49. (a) (1) The administrator may only expend money
line 24 from the fund to pay for any of the following, subject to the lien
line 25 established in Section 8670.53.2:
line 26 (A) To pay the cost of obtaining financial security as authorized
line 27 by paragraph (5) of subdivision (k) and subdivision (o) of Section
line 28 8670.48.
line 29 (B) To pay the principal, interest, premium, if any, and fees,
line 30 charges, and costs of any kind incurred in connection with moneys
line 31 drawn by the administrator on the financial security obtained by
line 32 the Treasurer, or the moneys borrowed by the Treasurer, as
line 33 authorized by paragraph (7) of subdivision (k) of Section 8670.48.
line 34 (C) To pay for the expansion, in the VTS area, pursuant to
line 35 Section 445 of the Harbors and Navigation Code, of the vessel
line 36 traffic service system (VTS system) authorized pursuant to
line 37 subdivision (f) of Section 8670.21.
line 38 (2) If a spill has occurred, the administrator may expend the
line 39 money in the fund for the purposes identified in paragraphs (1),
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line 1 (2), (3), (4), and (6) of subdivision (k) of Section 8670.48 only
line 2 upon making the following determinations:
line 3 (A) Except as authorized by Section 8670.51.1, a responsible
line 4 party does not exist or the responsible party is unable or unwilling
line 5 to provide adequate and timely cleanup and to pay for the damages
line 6 resulting from the spill. The administrator shall make a reasonable
line 7 effort to have the party responsible remove the oil or agree to pay
line 8 for any actions resulting from the spill that may be required by
line 9 law, provided that the efforts are not detrimental to fish, plant,
line 10 animal, or bird life in the affected waters. The reasonable effort
line 11 of the administrator shall include attempting to access the
line 12 responsible parties’ insurance or other proof of financial
line 13 responsibility.
line 14 (B) Sufficient federal oil spill funds are not available or will
line 15 not be available in an adequate period of time.
line 16 (3) Notwithstanding any other provision of this subdivision, the
line 17 administrator may expend money from the fund for authorized
line 18 expenditures when a reimbursement procedure is in place to receive
line 19 reimbursements for those expenditures from federal oil spill funds.
line 20 (b) Upon making the determinations specified in paragraph (2)
line 21 of subdivision (a), the administrator shall immediately make
line 22 whatever payments are necessary for responding to, containing,
line 23 or cleaning up the spill, including any wildlife rehabilitation
line 24 required by law and payment of claims pursuant to Sections
line 25 8670.51 and 8670.51.1, subject to the lien established by Section
line 26 8670.53.2.
line 27 SEC. 47. Section 8670.50 of the Government Code is amended
line 28 to read:
line 29 8670.50. (a) Money from the fund may only be expended to
line 30 cover the costs incurred by the state and local governments and
line 31 agencies for any of the following:
line 32 (1) Responding promptly to, containing, and cleaning up the
line 33 discharge, if those efforts are any of the following:
line 34 (A) Undertaken pursuant to the state and local oil spill
line 35 contingency plans established under this chapter, and the California
line 36 oil spill contingency plan established under Article 3.5
line 37 (commencing with Section 8574.1) of Chapter 7.
line 38 (B) Undertaken consistent with the standardized emergency
line 39 management system established pursuant to Section 8607.
line 40 (C) Undertaken at the direction of the administrator.
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line 1 (2) Meeting the requirements of Section 8670.61.5 relating to
line 2 wildlife rehabilitation.
line 3 (3) Making the payments authorized by subdivision (k) of
line 4 Section 8670.48.
line 5 (b) In the event of an oil spill, the administrator shall make
line 6 whatever expenditures are necessary and appropriate from the fund
line 7 to cover the costs described in subdivision (a), subject to the lien
line 8 established pursuant to Section 8670.53.2.
line 9 SEC. 48. Section 8670.51 of the Government Code is amended
line 10 to read:
line 11 8670.51. (a) When a person has obtained a final judgment for
line 12 damages resulting from an oil spill in waters of the state, but is
line 13 unable, within one year after the date of its entry, to enforce the
line 14 judgment pursuant to Title 9 (commencing with Section 680.010)
line 15 of the Code of Civil Procedure, or is unable to obtain satisfaction
line 16 of the judgment from the federal government within 90 additional
line 17 days, the administrator shall pay an amount not to exceed those
line 18 amounts that cannot be recovered from a responsible party and the
line 19 fund shall be subrogated to all rights, claims, and causes of action
line 20 that the claimant has under this chapter, Article 3. 5 (commencing
line 21 with Section 8574.1) of Chapter 7, Section 8670.61.5, and Division
line 22 7.8 (commencing with Section 8750) of the Public Resources
line 23 Code.
line 24 (b) Any person may apply to the fund for compensation for
line 25 damages and losses suffered as a result of an oil spill in waters of
line 26 the state under any of the following conditions:
line 27 (1) The responsible party or parties cannot be ascertained.
line 28 (2) A responsible party is not liable for noneconomic damages
line 29 caused by another.
line 30 (3) Subdivision (i) of Section 8670.56.6 is applicable to the
line 31 claim.
line 32 (c) The administrator shall not approve any claim in an amount
line 33 that exceeds the amount to which the person would otherwise be
line 34 entitled pursuant to Section 8670.56.5, and shall pay claims from
line 35 the fund that are approved pursuant to this section.
line 36 SEC. 49. Section 8670.53 of the Government Code is amended
line 37 to read:
line 38 8670.53. The Attorney General, in consultation with the
line 39 administrator, shall undertake actions to recover all costs to the
line 40 funds from any responsible party for an oil spill into waters of the
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line 1 state for which expenditures are made from the fund. The recovery
line 2 of costs pursuant to this section shall not foreclose the Attorney
line 3 General from any other actions allowed by law.
line 4 SEC. 50.
line 5 SEC. 11. Section 8670.54 of the Government Code is amended
line 6 to read:
line 7 8670.54. (a) The Oil Spill Technical Advisory Committee,
line 8 hereafter in this article, the committee, is hereby established to
line 9 provide public input and independent judgment of the actions of
line 10 the administrator. The committee shall consist of 14 15 members,
line 11 of whom eight nine shall be appointed by the Governor, three by
line 12 the Speaker of the Assembly, and three by the Senate Rules
line 13 Committee. The appointments shall be made in the following
line 14 manner:
line 15 (1) The Speaker of the Assembly and Senate Committee on
line 16 Rules shall each appoint a member who shall be a representative
line 17 of the public.
line 18 (2) The Governor shall appoint a member who has a
line 19 demonstrable knowledge of marine transportation.
line 20 (3) The Speaker of the Assembly and the Senate Committee on
line 21 Rules shall each appoint two members who have demonstrable
line 22 knowledge of environmental protection and the study of
line 23 ecosystems.
line 24 (4) The Governor shall appoint a member who has served as a
line 25 local government elected official or who has worked for a local
line 26 government.
line 27 (5) The Governor shall appoint a member who has experience
line 28 in oil spill response and prevention programs.
line 29 (6) The Governor shall appoint a member who has been
line 30 employed in the petroleum industry.
line 31 (7) The Governor shall appoint a member who has worked in
line 32 state government.
line 33 (8) The Governor shall appoint a member who has demonstrable
line 34 knowledge of the dry cargo vessel industry.
line 35 (9) The Governor shall appoint a member who has demonstrable
line 36 knowledge of the railroad industry.
line 37 (10) The Governor shall appoint a member who has
line 38 demonstrable knowledge of the oil production industry.
line 39 (11) The Governor shall appoint a member who has a
line 40 demonstrable knowledge of the truck transportation industry.
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line 1 (b) The committee shall meet as often as required, but at least
line 2 twice per year. Members shall be paid one hundred dollars ($100)
line 3 per day for each meeting and all necessary travel expenses at state
line 4 per diem rates.
line 5 (c) The administrator and any personnel the administrator
line 6 determines to be appropriate shall serve as staff to the committee.
line 7 (d) A chair and vice chair shall be elected by a majority vote of
line 8 the committee.
line 9 SEC. 51. Section 8670.55 of the Government Code is amended
line 10 to read:
line 11 8670.55. (a) The committee shall provide recommendations
line 12 to the administrator, the State Lands Commission, the California
line 13 Coastal Commission, the San Francisco Bay Conservation and
line 14 Development Commission, the Division of Oil, Gas, and
line 15 Geothermal Resources, the Office of the State Fire Marshal, and
line 16 the Public Utilities Commission, on any provision of this chapter,
line 17 including the promulgation of all rules, regulations, guidelines,
line 18 and policies.
line 19 (b) The committee may study, comment on, or evaluate, at its
line 20 own discretion, any aspect of oil spill prevention and response in
line 21 the state. To the greatest extent possible, these studies shall be
line 22 coordinated with studies being done by the federal government,
line 23 the administrator, the State Lands Commission, the State Water
line 24 Resources Control Board, and other appropriate state and
line 25 international entities. Duplication with the efforts of other entities
line 26 shall be minimized.
line 27 (c) The committee may attend any drills called pursuant to
line 28 Section 8670.10 or any oil spills, if practicable.
line 29 (d) The committee shall report biennially to the Governor and
line 30 the Legislature on its evaluation of oil spill response and
line 31 preparedness programs within the state and may prepare and send
line 32 any additional reports it determines to be appropriate to the
line 33 Governor and the Legislature.
line 34 SEC. 52. Section 8670.56.5 of the Government Code is
line 35 amended to read:
line 36 8670.56.5. (a) A responsible party, as defined in Section
line 37 8670.3, shall be absolutely liable without regard to fault for any
line 38 damages incurred by any injured party that arise out of, or are
line 39 caused by a spill.
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line 1 (b) A responsible person is not liable to an injured party under
line 2 this section for any of the following:
line 3 (1) Damages, other than costs of removal incurred by the state
line 4 or a local government, caused solely by any act of war, hostilities,
line 5 civil war, or insurrection or by an unanticipated grave natural
line 6 disaster or other act of God of an exceptional, inevitable, and
line 7 irresistible character, that could not have been prevented or avoided
line 8 by the exercise of due care or foresight.
line 9 (2) Damages caused solely by the negligence or intentional
line 10 malfeasance of that injured party.
line 11 (3) Damages caused solely by the criminal act of a third party
line 12 other than the defendant or an agent or employee of the defendant.
line 13 (4) Natural seepage not caused by a responsible party.
line 14 (5) Discharge or leaking of oil or natural gas from a private
line 15 pleasure boat or vessel.
line 16 (6) Damages that arise out of, or are caused by, a discharge that
line 17 is authorized by a state or federal permit.
line 18 (c) The defenses provided in subdivision (b) shall not be
line 19 available to a responsible person who fails to comply with Sections
line 20 8670.25, 8670.25.5, 8670.27, and 8670.62.
line 21 (d) Upon motion and sufficient showing by a party deemed to
line 22 be responsible under this section, the court shall join to the action
line 23 any other party who may be responsible under this section.
line 24 (e) In determining whether a party is a responsible party under
line 25 this section, the court shall consider the results of chemical or other
line 26 scientific tests conducted to determine whether oil or other
line 27 substances produced, discharged, or controlled by the defendant
line 28 matches the oil or other substance that caused the damage to the
line 29 injured party. The defendant shall have the burden of producing
line 30 the results of tests of samples of the substance that caused the
line 31 injury and of substances for which the defendant is responsible,
line 32 unless it is not possible to conduct the tests because of
line 33 unavailability of samples to test or because the substance is not
line 34 one for which reliable tests have been developed. At the request
line 35 of a party, any other party shall provide samples of oil or other
line 36 substances within its possession or control for testing.
line 37 (f) The court may award reasonable costs of the suit, attorney’s
line 38 fees, and the costs of necessary expert witnesses to a prevailing
line 39 plaintiff. The court may award reasonable costs of the suit and
line 40 attorney’s fees to a prevailing defendant if the court finds that the
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line 1 plaintiff commenced or prosecuted the suit pursuant to this section
line 2 in bad faith or solely for purposes of harassing the defendant.
line 3 (g) This section does not prohibit a person from bringing an
line 4 action for damages caused by oil or by exploration, under any
line 5 other provision or principle of law, including, but not limited to,
line 6 common law. However, damages shall not be awarded pursuant
line 7 to this section to an injured party for loss or injury for which the
line 8 party is or has been awarded damages under any other provision
line 9 or principle of law. Subdivision (b) does not create a defense not
line 10 otherwise available regarding an action brought under any other
line 11 provision or principle of law, including, but not limited to, common
line 12 law.
line 13 (h) Damages for which responsible parties are liable under this
line 14 section include the following:
line 15 (1) All costs of response, containment, cleanup, removal, and
line 16 treatment, including, but not limited to, monitoring and
line 17 administration costs incurred pursuant to the California oil spill
line 18 contingency plan or actions taken pursuant to directions by the
line 19 administrator.
line 20 (2) Injury to, or economic losses resulting from destruction of
line 21 or injury to, real or personal property, which shall be recoverable
line 22 by any claimant who has an ownership or leasehold interest in
line 23 property.
line 24 (3) Injury to, destruction of or loss of, natural resources,
line 25 including, but not limited to, the reasonable costs of rehabilitating
line 26 wildlife, habitat, and other resources and the reasonable costs of
line 27 assessing that injury, destruction, or loss, in an action brought by
line 28 the state, a county, city, or district. Damages for the loss of natural
line 29 resources may be determined by any reasonable method, including,
line 30 but not limited to, determination according to the costs of restoring
line 31 the lost resource.
line 32 (4) Loss of subsistence use of natural resources, which shall be
line 33 recoverable by a claimant who so uses natural resources that have
line 34 been injured, destroyed, or lost.
line 35 (5) Loss of taxes, royalties, rents, or net profit shares caused by
line 36 the injury, destruction, loss, or impairment of use of real property,
line 37 personal property, or natural resources.
line 38 (6) Loss of profits or impairment of earning capacity due to the
line 39 injury, destruction, or loss of real property, personal property, or
line 40 natural resources, which shall be recoverable by any claimant who
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line 1 derives at least 25 percent of his or her earnings from the activities
line 2 that utilize the property or natural resources, or, if those activities
line 3 are seasonal in nature, 25 percent of his or her earnings during the
line 4 applicable season.
line 5 (7) Loss of use and enjoyment of natural resources, public
line 6 beaches, and other public resources or facilities, in an action
line 7 brought by the state, a county, city, or district.
line 8 (i) Except as provided in Section 1431.2 of the Civil Code,
line 9 liability under this section shall be joint and several. However, this
line 10 section does not bar a cause of action that a responsible party has
line 11 or would have, by reason of subrogation or otherwise, against a
line 12 person.
line 13 (j) This section does not apply to claims for damages for
line 14 personal injury or wrongful death, and does not limit the right of
line 15 a person to bring an action for personal injury or wrongful death
line 16 pursuant to any provision or principle of law.
line 17 (k) Payments made by a responsible party to cover liabilities
line 18 arising from a discharge of oil, whether under this division or any
line 19 other provision of federal, state, or local law, shall not be charged
line 20 against royalties, rents, or net profits owed to the United States,
line 21 the state, or any other public entity.
line 22 (l) An action that a private or public individual or entity may
line 23 have against a responsible party under this section may be brought
line 24 directly by the individual or entity or by the state on behalf of the
line 25 individual or entity. However, the state shall not pursue an action
line 26 on behalf of a private individual or entity that requests the state
line 27 not to pursue that action.
line 28 (m) For purposes of this section, “vessels” means vessels as
line 29 defined in Section 21 of the Harbors and Navigation Code.
line 30 SEC. 53.
line 31 SEC. 12. Section 8670.56.6 of the Government Code is
line 32 amended to read:
line 33 8670.56.6. (a) (1) Except as provided in subdivisions (b) and
line 34 (d), and subject to subdivision (c), a person, including, but not
line 35 limited to, an oil spill cooperative, its agents, subcontractors, or
line 36 employees, shall not be liable under this chapter or the laws of the
line 37 state to any person for costs, damages, or other claims or expenses
line 38 as a result of actions taken or omitted in good faith in the course
line 39 of rendering care, assistance, or advice in accordance with the
line 40 National Contingency Plan, the California oil spill contingency
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line 1 plan, or at the direction of the administrator, onsite coordinator,
line 2 or the Coast Guard in response to a spill or threatened spill.
line 3 (2) The qualified immunity under this section shall not apply
line 4 to any oil spill response action that is inconsistent with the
line 5 following:
line 6 (A) The directions of the unified command, consisting of at
line 7 least the Coast Guard and the administrator.
line 8 (B) In the absence of a unified command, the directions of the
line 9 administrator pursuant to Section 8670.27.
line 10 (C) In the absence of directions pursuant to subparagraph (A)
line 11 or (B), applicable oil spill contingency plans implemented under
line 12 this division.
line 13 (3) Nothing in this section shall, in any manner or respect, affect
line 14 or impair any cause of action against or any liability of any person
line 15 or persons responsible for the spill, for the discharged oil, or for
line 16 the vessel, terminal, pipeline, or facility from which the oil was
line 17 discharged. The responsible person or persons shall remain liable
line 18 for any and all damages arising from the discharge, including
line 19 damages arising from improperly carried out response efforts, as
line 20 otherwise provided by law.
line 21 (b) Nothing in this section shall, in any manner or respect, affect
line 22 or impair any cause of action against or any liability of any party
line 23 or parties responsible for the spill, or the responsible party’s agents,
line 24 employees, or subcontractors, except persons immunized under
line 25 subdivision (a) for response efforts, for the discharged oil, or for
line 26 the vessel, truck, terminal, pipeline, or facility from which the oil
line 27 was discharged.
line 28 (c) The responsible party or parties shall be subject to both of
line 29 the following:
line 30 (1) Notwithstanding subdivision (b) or (i) of Section 8670.56.5,
line 31 or any other law, be strictly and jointly and severally liable for all
line 32 damages arising pursuant to subdivision (h) of Section 8670.56.5
line 33 from the response efforts of its agents, employees, subcontractors,
line 34 or an oil spill cooperative of which it is a member or with which
line 35 it has a contract or other arrangement for cleanup of its oil spills,
line 36 unless it would have a defense to the original spill.
line 37 (2) Remain strictly liable for any and all damages arising from
line 38 the response efforts of a person other than a person specified in
line 39 paragraph (1).
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line 1 (d) Nothing in this section shall immunize a cooperative or any
line 2 other person from liability for acts of gross negligence or willful
line 3 misconduct in connection with the cleanup of a spill.
line 4 (e) This section does not apply to any action for personal injury
line 5 or wrongful death.
line 6 (f) As used in this section, a “cooperative” means an
line 7 organization of private persons that is established for the primary
line 8 purpose and activity of preventing or rendering care, assistance,
line 9 or advice in response to a spill or threatened spill.
line 10 (g) Except for the responsible party, membership in a
line 11 cooperative shall not be grounds, in and of itself, for liability
line 12 resulting from cleanup activities of the cooperative.
line 13 (h) For purposes of this section, there shall be a rebuttable
line 14 presumption that an act or omission described in subdivision (a)
line 15 was taken in good faith.
line 16 (i) In any situation in which immunity is granted pursuant to
line 17 subdivision (a) and a responsible party is not liable, is not liable
line 18 for noneconomic damages caused by another, or is partially or
line 19 totally insolvent, the fund provided for in Article 7 (commencing
line 20 with Section 8670.46) shall reimburse, in accordance with its terms,
line 21 claims of any injured party for which a person who is granted
line 22 immunity pursuant to this section would otherwise be liable.
line 23 (j) (1) The immunity granted by this section shall only apply
line 24 to response efforts that are undertaken after the administrator
line 25 certifies that contracts with qualified and responsible persons are
line 26 in place to ensure an adequate and expeditious response to any
line 27 foreseeable oil spill that may occur in waters of the state for which
line 28 the responsible party (A) cannot be identified or (B) is unable or
line 29 unwilling to respond, contain, and clean up the oil spill in an
line 30 adequate and timely manner. In negotiating these contracts, the
line 31 administrator shall procure, to the maximum extent practicable,
line 32 the services of persons who are willing to respond to oil spills with
line 33 no, or lesser, immunity than that conferred by this section, but, in
line 34 no event, a greater immunity. The administrator shall make the
line 35 certification required by this subdivision on an annual basis. Upon
line 36 certification, the immunity conferred by this section shall apply
line 37 to all response efforts undertaken during the calendar year to which
line 38 the certification applies. In the absence of the certification required
line 39 by this subdivision, the immunity conferred by this section shall
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line 1 not attach to any response efforts undertaken by any person in
line 2 waters of the state.
line 3 (2) In addition to the authority to negotiate contracts described
line 4 in paragraph (1), the administrator may also negotiate and enter
line 5 into indemnification agreements with qualified and financially
line 6 responsible persons to respond to oil spills that may occur in waters
line 7 of the state for which the responsible party (A) cannot be identified
line 8 or (B) is unable or unwilling to respond, contain, and clean up the
line 9 oil spill in an adequate and timely manner.
line 10 (3) The administrator may indemnify response contractors for
line 11 (A) all damages payable by means of settlement or judgment that
line 12 arise from response efforts to which the immunity conferred by
line 13 this section would otherwise apply, and (B) reasonably related
line 14 legal costs and expenses incurred by the responder, provided that
line 15 indemnification shall only apply to response efforts undertaken
line 16 after the expiration of any immunity that may exist as the result
line 17 of the contract negotiations authorized in this subdivision. In
line 18 negotiating these contracts, the administrator shall procure, to the
line 19 maximum extent practicable, the services of persons who are
line 20 willing to respond to oil spills with no, or as little, right to
line 21 indemnification as possible. All indemnification shall be paid by
line 22 the administrator from the Oil Spill Response Trust Fund.
line 23 (4) (A) The contracts required by this section, and any other
line 24 contracts entered into by the administrator for response,
line 25 containment, or cleanup of an existing spill, or for response of an
line 26 imminent threat of a spill, the payment of which is to be made
line 27 from the Oil Spill Response Trust Fund created pursuant to Section
line 28 8670.46, shall be exempt from Part 2 (commencing with Section
line 29 10100) of Division 2 of the Public Contract Code and Article 6
line 30 (commencing with Section 999) of Chapter 6 of Division 4 of the
line 31 Military and Veterans Code.
line 32 (B) The exemption specified in subparagraph (A) applies only
line 33 to contracts for which the services are used for a period of less
line 34 than 90 days, cumulatively, per year.
line 35 (C) This paragraph shall not be construed as limiting the
line 36 administrator’s authority to exercise the emergency powers granted
line 37 pursuant to subdivision (c) of Section 8670.62, including the
line 38 authority to enter into emergency contracts that are exempt from
line 39 approval by the Department of General Services.
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line 1 (k) (1) With regard to a person who is regularly engaged in the
line 2 business of responding to oil spills, the immunity conferred by
line 3 this section shall not apply to any response efforts by that person
line 4 that occur later than 60 days after the first day the person’s response
line 5 efforts commence.
line 6 (2) Notwithstanding the limitation contained in paragraph (1),
line 7 the administrator may extend, upon making all the following
line 8 findings, the period of time, not to exceed 30 days, during which
line 9 the immunity conferred by this section applies to response efforts:
line 10 (A) Due to inadequate or incomplete containment and
line 11 stabilization, there exists a substantial probability that the size of
line 12 the spill will significantly expand and (i) threaten previously
line 13 uncontaminated resources, (ii) threaten already contaminated
line 14 resources with substantial additional contamination, or (iii)
line 15 otherwise endanger the public health and safety or harm the
line 16 environment.
line 17 (B) The remaining work is of a difficult or perilous nature that
line 18 extension of the immunity is clearly in the public interest.
line 19 (C) No other qualified and financially responsible contractor is
line 20 prepared and willing to complete the response effort in the absence
line 21 of the immunity, or a lesser immunity, as negotiated by contract.
line 22 (3) The administrator shall provide five days’ notice of his or
line 23 her proposed decision to either extend, or not extend, the immunity
line 24 conferred by this section. Interested parties shall be given an
line 25 opportunity to present oral and written evidence at an informal
line 26 hearing. In making his or her proposed decision, the administrator
line 27 shall specifically seek and consider the advice of the relevant Coast
line 28 Guard representative. The administrator’s decision to not extend
line 29 the immunity shall be announced at least 10 working days before
line 30 the expiration of the immunity to provide persons an opportunity
line 31 to terminate their response efforts as contemplated by paragraph
line 32 (4).
line 33 (4) A person or their agents, subcontractors, or employees shall
line 34 not incur any liability under this chapter or any other provision of
line 35 law solely as a result of that person’s decision to terminate their
line 36 response efforts because of the expiration of the immunity
line 37 conferred by this section. A person’s decision to terminate response
line 38 efforts because of the expiration of the immunity conferred by this
line 39 section shall not in any manner impair, curtail, limit, or otherwise
line 40 affect the immunity conferred on the person with regard to the
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line 1 person’s response efforts undertaken during the period of time the
line 2 immunity applied to those response efforts.
line 3 (5) The immunity granted under this section shall attach, without
line 4 the limitation contained in this subdivision, to the response efforts
line 5 of any person who is not regularly engaged in the business of
line 6 responding to oil spills. A person who is not regularly engaged in
line 7 the business of responding to oil spills includes, but is not limited
line 8 to, (A) a person who is primarily dedicated to the preservation and
line 9 rehabilitation of wildlife and (B) a person who derives his or her
line 10 livelihood primarily from fishing.
line 11 (l) As used in this section, “response efforts” means rendering
line 12 care, assistance, or advice in accordance with the National
line 13 Contingency Plan, the California oil spill contingency plan, or at
line 14 the direction of the administrator, United States Environmental
line 15 Protection Agency, or the Coast Guard in response to a spill or
line 16 threatened spill into waters of the state.
line 17 SEC. 54. Section 8670.61.5 of the Government Code is
line 18 amended to read:
line 19 8670.61.5. (a) For purposes of this chapter, “wildlife
line 20 rehabilitation” means those actions that are necessary to fully
line 21 mitigate for the damage from a spill caused to wildlife, fisheries,
line 22 wildlife habitat, and fisheries habitat.
line 23 (b) Responsible parties shall fully mitigate adverse impacts to
line 24 wildlife, fisheries, wildlife habitat, and fisheries habitat. Full
line 25 mitigation shall be provided by successfully carrying out
line 26 environmental projects or funding restoration activities required
line 27 by the administrator in carrying out projects complying with the
line 28 requirements of this section. Responsible parties are also liable
line 29 for the costs incurred by the administrator or other government
line 30 agencies in carrying out this section.
line 31 (c) If any significant wildlife rehabilitation is necessary, the
line 32 administrator may require the responsible party to prepare and
line 33 submit to the administrator, and to implement, a wildlife
line 34 rehabilitation plan. The plan shall describe the actions that will be
line 35 implemented to fully meet the requirements of subdivision (b),
line 36 describe contingency measures that will be carried out in the event
line 37 that any of the plan actions are not fully successful, provide a
line 38 reasonable implementation schedule, describe the monitoring and
line 39 compliance program, and provide a financing plan. The
line 40 administrator shall review and determine whether to approve the
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line 1 plan within 60 days of submittal. Before approving a plan, the
line 2 administrator shall first find that the implementation of the plan
line 3 will fully mitigate the adverse impacts to wildlife, fisheries, wildlife
line 4 habitat, and fisheries habitat. If the habitat contains beaches that
line 5 are or were used for recreational purposes, the Department of Parks
line 6 and Recreation shall review the plan and provide comments to the
line 7 administrator.
line 8 (d) The plan shall place first priority on avoiding and minimizing
line 9 any adverse impacts. For impacts that do occur, the plan shall
line 10 provide for full onsite restoration of the damaged resource to the
line 11 extent feasible. To the extent that full onsite restoration is not
line 12 feasible, the plan shall provide for offsite in-kind mitigation to the
line 13 extent feasible. To the extent that adverse impacts still have not
line 14 been fully mitigated, the plan shall provide for the enhancement
line 15 of other similar resources to the extent necessary to meet the
line 16 requirements of subdivision (b). In evaluating whether a wildlife
line 17 rehabilitation plan is adequate, the administrator may use the
line 18 habitat evaluation methods or procedures established by the United
line 19 States Fish and Wildlife Service or any other reasonable methods
line 20 as determined by the Department of Fish and Wildlife.
line 21 (e) The administrator shall prepare regulations to implement
line 22 this section. The regulations shall include deadlines for the
line 23 submittal of plans. In establishing the deadlines, the administrator
line 24 shall consider circumstances such as the size of the spill and the
line 25 time needed to assess damage and mitigation.
line 26 SEC. 55. Section 8670.62 of the Government Code is amended
line 27 to read:
line 28 8670.62. (a) Any person who discharges oil into waters of the
line 29 state, upon order of the administrator, shall do all of the following:
line 30 (1) Clean up the oil.
line 31 (2) Abate the effects of the discharge.
line 32 (3) In the case of a threatened discharge, take other necessary
line 33 remedial action.
line 34 (b) Upon failure of any person to comply with a cleanup or
line 35 abatement order, the Attorney General or a district attorney, at the
line 36 request of the administrator, shall petition the superior court for
line 37 that county for the issuance of an injunction requiring the person
line 38 to comply with the order. In any suit, the court shall have
line 39 jurisdiction to grant a prohibitory or mandatory injunction, either
line 40 preliminary or permanent, as the facts may warrant.
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line 1 (c) Consistent with the state contingency plan, the administrator
line 2 may expend available money to perform any response;
line 3 containment; cleanup; wildlife rehabilitation, which includes
line 4 assessment of resource injuries and damages, or remedial work
line 5 required pursuant to subdivision (a) that, in the administrator’s
line 6 judgment, is required by the circumstances or the urgency of
line 7 prompt action required to prevent pollution, nuisance, or injury to
line 8 the environment of the state. The action may be taken in default
line 9 of, or in addition to, remedial work by the responsible party or
line 10 other persons, and regardless of whether injunctive relief is sought.
line 11 The administrator may perform the work in cooperation with any
line 12 other governmental agency, and may use rented tools or equipment,
line 13 either with or without operators furnished. Notwithstanding any
line 14 other law, the administrator may enter into oral contracts for the
line 15 work, and the contracts, whether written or oral, may include
line 16 provisions for equipment rental and the furnishing of labor and
line 17 materials necessary to accomplish the work. The contracts shall
line 18 be exempt from Part 2 (commencing with Section 10100) of
line 19 Division 2 of the Public Contract Code and Article 6 (commencing
line 20 with Section 999) of Chapter 6 of Division 4 of the Military and
line 21 Veterans Code.
line 22 (d) If the discharge is cleaned up, or attempted to be cleaned
line 23 up, the effects thereof abated, or, in the case of threatened pollution
line 24 or nuisance, other necessary remedial action is taken by any
line 25 governmental agency, the person or persons who discharged the
line 26 waste, discharged the oil, or threatened to cause or permit the
line 27 discharge of the oil within the meaning of subdivision (a) shall be
line 28 liable to that governmental agency for the reasonable costs actually
line 29 incurred in cleaning up that waste, abating the effects thereof, or
line 30 taking other remedial action. The amount of the costs shall be
line 31 recoverable in a civil action by, and paid to, the applicable
line 32 governmental agency and the administrator, to the extent the
line 33 administrator contributed to the cleanup costs from the Oil Spill
line 34 Response Trust Fund or other available funds.
line 35 (e) If, despite reasonable effort by the administrator to identify
line 36 the party responsible for the discharge of oil or the condition of
line 37 pollution or nuisance, the person is not identified at the time
line 38 cleanup, abatement, or remedial work must be performed, the
line 39 administrator shall not be required to issue an order under this
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line 1 section. The absence of a responsible party shall not in any way
line 2 limit the powers of the administrator under this section.
line 3 (f) For purposes of this section, “threaten” means a condition
line 4 creating a substantial probability of harm, when the probability
line 5 and potential extent of harm makes it reasonably necessary to take
line 6 immediate action to prevent, reduce, or mitigate damages to
line 7 persons, property, or natural resources.
line 8 SEC. 56. Section 8670.64 of the Government Code is amended
line 9 to read:
line 10 8670.64. (a) A person who commits any of the following acts
line 11 shall, upon conviction, be punished by imprisonment in a county
line 12 jail for not more than one year or by imprisonment pursuant to
line 13 subdivision (h) of Section 1170 of the Penal Code:
line 14 (1) Except as provided in Section 8670.27, knowingly fails to
line 15 follow the direction or orders of the administrator in connection
line 16 with an oil spill.
line 17 (2) Knowingly fails to notify the Coast Guard that a vessel is
line 18 disabled within one hour of the disability and the vessel, while
line 19 disabled, causes a discharge of oil that enters marine waters. For
line 20 purposes of this paragraph, “vessel” means a vessel, as defined in
line 21 Section 21 of the Harbors and Navigation Code, of 300 gross tons
line 22 or more.
line 23 (3) Knowingly engages in or causes the discharge or spill of oil
line 24 into waters of the state, or a person who reasonably should have
line 25 known that he or she was engaging in or causing the discharge or
line 26 spill of oil into waters of the state, unless the discharge is
line 27 authorized by the United States, the state, or another agency with
line 28 appropriate jurisdiction.
line 29 (4) Knowingly fails to begin cleanup, abatement, or removal of
line 30 spilled oil as required in Section 8670.25.
line 31 (b) The court shall also impose upon a person convicted of
line 32 violating subdivision (a), a fine of not less than five thousand
line 33 dollars ($5,000) or more than five hundred thousand dollars
line 34 ($500,000) for each violation. For purposes of this subdivision,
line 35 each day or partial day that a violation occurs is a separate
line 36 violation.
line 37 (c) (1) A person who knowingly does any of the acts specified
line 38 in paragraph (2) shall, upon conviction, be punished by a fine of
line 39 not less than two thousand five hundred dollars ($2,500) or more
line 40 than two hundred fifty thousand dollars ($250,000), or by
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line 1 imprisonment in a county jail for not more than one year, or by
line 2 both the fine and imprisonment. Each day or partial day that a
line 3 violation occurs is a separate violation. If the conviction is for a
line 4 second or subsequent violation of this subdivision, the person shall
line 5 be punished by imprisonment pursuant to subdivision (h) of Section
line 6 1170 of the Penal Code, or in a county jail for not more than one
line 7 year, or by a fine of not less than five thousand dollars ($5,000)
line 8 or more than five hundred thousand dollars ($500,000), or by both
line 9 that fine and imprisonment:
line 10 (2) The acts subject to this subdivision are all of the following:
line 11 (A) Failing to notify the Office of Emergency Services in
line 12 violation of Section 8670.25.5.
line 13 (B) Knowingly making a false or misleading oil spill report to
line 14 the Office of Emergency Services.
line 15 (C) Continuing operations for which an oil spill contingency
line 16 plan is required without an oil spill contingency plan approved
line 17 pursuant to Article 5 (commencing with Section 8670.28).
line 18 (D) Except as provided in Section 8670.27, knowingly failing
line 19 to follow the material provisions of an applicable oil spill
line 20 contingency plan.
line 21 SEC. 57. Section 8670.66 of the Government Code is amended
line 22 to read:
line 23 8670.66. (a) Any person who intentionally or negligently does
line 24 any of the following acts shall be subject to a civil penalty for a
line 25 spill of not less than fifty thousand dollars ($50,000) or more than
line 26 one million dollars ($1,000,000), for each violation, and each day
line 27 or partial day that a violation occurs is a separate violation:
line 28 (1) Except as provided in Section 8670.27, fails to follow the
line 29 direction or orders of the administrator in connection with a spill
line 30 or inland spill.
line 31 (2) Fails to notify the Coast Guard that a vessel is disabled
line 32 within one hour of the disability and the vessel, while disabled,
line 33 causes a spill that enters waters of the state. For purposes of this
line 34 paragraph, “vessel” means a vessel, as defined in Section 21 of
line 35 the Harbors and Navigation Code, of 300 gross tons or more.
line 36 (3) Is responsible for a spill, unless the discharge is authorized
line 37 by the United States, the state, or other agency with appropriate
line 38 jurisdiction.
line 39 (4) Fails to begin cleanup, abatement, or removal of oil as
line 40 required in Section 8670.25.
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line 1 (b) Except as provided in subdivision (a), any person who
line 2 intentionally or negligently violates any provision of this chapter,
line 3 or Division 7.8 (commencing with Section 8750) of the Public
line 4 Resources Code, or any permit, rule, regulation, standard, or
line 5 requirement issued or adopted pursuant to those provisions, shall
line 6 be liable for a civil penalty not to exceed two hundred fifty
line 7 thousand dollars ($250,000) for each violation of a separate
line 8 provision, or, for continuing violations, for each day that violation
line 9 continues.
line 10 (c) A person shall not be liable for a civil penalty imposed under
line 11 this section and for a civil penalty imposed pursuant to Section
line 12 8670.67 for the same act or failure to act.
line 13 SEC. 58. Section 8670.67 of the Government Code is amended
line 14 to read:
line 15 8670.67. (a) Any person who intentionally or negligently does
line 16 any of the following acts shall be subject to an administrative civil
line 17 penalty for a spill not to exceed two hundred thousand dollars
line 18 ($200,000), for each violation as imposed by the administrator
line 19 pursuant to Section 8670.68, and each day or partial day that a
line 20 violation occurs is a separate violation:
line 21 (1) Except as provided in Section 8670.27, fails to follow the
line 22 applicable contingency plans or the direction or orders of the
line 23 administrator in connection with a spill or inland spill.
line 24 (2) Fails to notify the Coast Guard that a vessel is disabled
line 25 within one hour of the disability and the vessel, while disabled,
line 26 causes a discharge that enters waters of the state or inland waters.
line 27 For purposes of this paragraph, “vessel” means a vessel, as defined
line 28 in Section 21 of the Harbors and Navigation Code, of 300 gross
line 29 tons or more.
line 30 (3) Is responsible for a spill, unless the discharge is authorized
line 31 by the United States, the state, or other agency with appropriate
line 32 jurisdiction.
line 33 (4) Fails to begin cleanup, abatement, or removal of spilled oil
line 34 as required by Section 8670.25.
line 35 (b) Except as provided in subdivision (a), any person who
line 36 intentionally or negligently violates any provision of this chapter,
line 37 or Division 7.8 (commencing with Section 8750) of the Public
line 38 Resources Code, or any permit, rule, regulation, standard, cease
line 39 and desist order, or requirement issued or adopted pursuant to
line 40 those provisions, shall be liable for an administrative civil penalty
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line 1 as imposed by the administrator pursuant to Section 8670.68, not
line 2 to exceed one hundred thousand dollars ($100,000) for each
line 3 violation of a separate provision, or, for continuing violations, for
line 4 each day that violation continues.
line 5 (c) A person shall not be liable for a civil penalty imposed
line 6 under this section and for a civil penalty imposed pursuant to
line 7 Section 8670.66 for the same act or failure to act.
line 8 SEC. 59. Section 8670.67.5 of the Government Code is
line 9 amended to read:
line 10 8670.67.5. (a) Any person who without regard to intent or
line 11 negligence causes or permits a spill shall be strictly liable civilly
line 12 in accordance with subdivision (b) or (c).
line 13 (b) A penalty may be administratively imposed by the
line 14 administrator in accordance with Section 8670.68 in an amount
line 15 not to exceed twenty dollars ($20) per gallon for a spill. The
line 16 amount of the penalty shall be reduced for every gallon of released
line 17 oil that is recovered and properly disposed of in accordance with
line 18 applicable law.
line 19 (c) Whenever the release of oil resulted from gross negligence
line 20 or reckless conduct, the administrator shall, in accordance with
line 21 Section 8670.68, impose a penalty in an amount not to exceed
line 22 sixty dollars ($60) per gallon for a spill. The amount of the penalty
line 23 shall be reduced for every gallon of released oil that is recovered
line 24 and properly disposed of in accordance with applicable law.
line 25 (d) The administrator shall adopt regulations governing the
line 26 method for determining the amount of oil that is cleaned up.
line 27 SEC. 60. Section 8670.69.4 of the Government Code is
line 28 amended to read:
line 29 8670.69.4. (a) When the administrator determines that any
line 30 person has undertaken, or is threatening to undertake, any activity
line 31 or procedure that (1) requires a permit, certificate, approval, or
line 32 authorization under this chapter, without securing a permit,
line 33 certificate, approval, or authorization, or (2) is inconsistent with
line 34 any of the permits, certificates, rules, regulations, guidelines, or
line 35 authorizations previously issued or adopted by the administrator,
line 36 or (3) threatens to cause or substantially increases the risk of
line 37 unauthorized discharge of oil into the waters of the state, the
line 38 administrator may issue an order requiring that person to cease
line 39 and desist.
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line 1 (b) Any cease and desist order issued by the administrator may
line 2 be subject to terms and conditions as the administrator may
line 3 determine are necessary to ensure compliance with this division.
line 4 (c) Any cease and desist order issued by the administrator shall
line 5 become null and void 90 days after issuance.
line 6 (d) A cease and desist order issued by the administrator shall
line 7 be effective upon the issuance thereof, and copies shall be served
line 8 immediately by certified mail upon the person or governmental
line 9 agency being charged with the actual or threatened violation.
line 10 (e) Any cease and desist order issued by the administrator shall
line 11 be consistent with subdivision (a) of Section 8670.27.
line 12 SEC. 61. Section 8670.69.7 of the Government Code is
line 13 repealed.
line 14 SEC. 62. Section 8670.71 of the Government Code is amended
line 15 to read:
line 16 8670.71. (a) The administrator shall fund only those projects
line 17 approved by the Environmental Enhancement Committee.
line 18 (b) For purposes of this article, an enhancement project is a
line 19 project that acquires habitat for preservation, or improves habitat
line 20 quality and ecosystem function above baseline conditions, and that
line 21 meets all of the following requirements:
line 22 (1) Is located within or immediately adjacent to waters of the
line 23 state, as defined in Section 8670.3.
line 24 (2) Has measurable outcomes within a predetermined timeframe.
line 25 (3) Is designed to acquire, restore, or improve habitat or restore
line 26 ecosystem function, or both, to benefit fish and wildlife.
line 27 SEC. 63. Section 8670.95 is added to the Government Code,
line 28 to read:
line 29 8670.95. If any provision of this chapter or the application
line 30 thereof to any person or circumstances is held invalid, that
line 31 invalidity shall not affect other provisions or applications of the
line 32 chapter that can be given effect without the invalid provision or
line 33 application, and to this end the provisions of this chapter are
line 34 severable.
line 35 SEC. 64. Section 449 of the Harbors and Navigation Code is
line 36 amended to read:
line 37 449. (a) The marine exchange and its officers and directors
line 38 are subject to Section 5047.5 of the Corporations Code to the extent
line 39 that the marine exchange meets the criteria specified in that section.
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line 1 (b) Nothing in this section shall be deemed to include the marine
line 2 exchange or its officers, directors, employees, or representatives
line 3 within the meaning of “responsible party” as defined in Section
line 4 8670.3 of the Government Code and subdivision (p) of Section
line 5 8750 of the Public Resources Code for the purposes of the
line 6 Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
line 7 (Article 3.5 (commencing with Section 8574.1) of Chapter 7 and
line 8 Chapter 7.4 (commencing with Section 8670.1) of Division 1 of
line 9 Title 2 of the Government Code and Division 7.8 (commencing
line 10 with Section 8750) of the Public Resources Code).
line 11 SEC. 65.
line 12 SEC. 13. Section 765.5 of the Public Utilities Code is amended
line 13 to read:
line 14 765.5. (a) The purpose of this section is to provide that the
line 15 commission takes all appropriate action necessary to ensure the
line 16 safe operation of railroads in this state.
line 17 (b) The commission shall dedicate sufficient resources necessary
line 18 to adequately carry out the State Participation Program for the
line 19 regulation of rail transportation of hazardous materials as
line 20 authorized by the Hazardous Material Transportation Uniform
line 21 Safety Act of 1990 (P.L. 101-615).
line 22 (c) On or before July 1, 1992, the commission shall hire a
line 23 minimum of six additional rail inspectors who are or shall become
line 24 federally certified, consisting of three additional motive power
line 25 and equipment inspectors, two signal inspectors, and one operating
line 26 practices inspector, for the purpose of enforcing compliance by
line 27 railroads operating in this state with state and federal safety
line 28 regulations.
line 29 (d) On or before July 1, 1992, the commission shall establish,
line 30 by regulation, a minimum inspection standard to ensure, at the
line 31 time of inspection, that railroad locomotives, equipment, and
line 32 facilities located in class I railroad yards in California will be
line 33 inspected not less frequently than every 120 days, and inspection
line 34 of all branch and main line track not less frequently than every 12
line 35 months.
line 36 (e) Commencing July 1, 2008, in addition to the minimum
line 37 inspections undertaken pursuant to subdivision (d), the commission
line 38 shall conduct focused inspections of railroad yards and track, either
line 39 in coordination with the Federal Railroad Administration or as the
line 40 commission determines to be necessary. The focused inspection
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line 1 program shall target railroad yards and track that pose the greatest
line 2 safety risk, based on inspection data, accident history, and rail
line 3 traffic density.
line 4 (f) Commencing January 1, 2015, in addition to the inspections
line 5 undertaken pursuant to subdivisions (d) and (e), the commission
line 6 shall conduct expanded focused inspections, either in coordination
line 7 with the Federal Railroad Administration or as the commission
line 8 determines to be necessary, of bridges and grade crossings over
line 9 which oil is being transported and oil unloading facilities, including
line 10 movement within these facilities and onside storage. The expanded
line 11 focused inspection program shall target bridges, grade crossings,
line 12 and oil unloading facilities that pose the greatest safety risk, based
line 13 on inspection data, accident history, and rail traffic density.
line 14 (g) The commission may regulate essential local safety hazards
line 15 for the transport of oil more stringently than federal regulation,
line 16 pursuant to Section 20106 of Title 49 of the United States Code.
line 17 SEC. 66.
line 18 SEC. 14. Section 7711 of the Public Utilities Code is amended
line 19 to read:
line 20 7711. The commission shall annually report to the Legislature,
line 21 on or before July 1, on sites on railroad lines in the state it finds
line 22 to be hazardous. The report shall include, but not be limited to,
line 23 information on all of the following:
line 24 (a) A list of all railroad derailment accident sites in the state on
line 25 which accidents have occurred within at least the previous five
line 26 years. The list shall describe the nature and probable causes of the
line 27 accidents, if known, and shall indicate whether the accidents
line 28 occurred at or near sites that the commission has determined,
line 29 pursuant to subdivision (b), pose a local safety hazard.
line 30 (b) A list of all railroad sites in the state that the commission
line 31 determines, pursuant to Section 20106 of Title 49 of the United
line 32 States Code, pose a local safety hazard. The commission may
line 33 submit in the annual report the list of railroad sites submitted in
line 34 the immediate prior year annual report, and may amend or revise
line 35 that list from the immediate prior year as necessary. Factors that
line 36 the commission shall consider in determining a local safety hazard
line 37 may include, but need not be limited to, all of the following:
line 38 (1) The severity of grade and curve of track.
line 39 (2) The value of special skills of train operators in negotiating
line 40 the particular segment of railroad line.
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line 1 (3) The value of special railroad equipment in negotiating the
line 2 particular segment of railroad line.
line 3 (4) The types of commodities transported on or near the
line 4 particular segment of railroad line.
line 5 (5) The hazard posed by the release of the commodity into the
line 6 environment.
line 7 (6) The value of special railroad equipment in the process of
line 8 safely loading, transporting, storing, or unloading potentially
line 9 hazardous commodities.
line 10 (7) The proximity of railroad activity to human activity or
line 11 sensitive environmental areas.
line 12 (8) A list of the root causes and significant contributing factors
line 13 of all train accidents or derailments investigated.
line 14 (c) In determining which railroad sites pose a local safety hazard
line 15 pursuant to subdivision (b), the commission shall consider the
line 16 history of accidents at or near the sites. The commission shall not
line 17 limit its determination to sites at which accidents have already
line 18 occurred, but shall identify potentially hazardous sites based on
line 19 the criteria enumerated in subdivision (b) and all other criteria that
line 20 the commission determines influence railroad safety. The
line 21 commission shall also consider whether any local safety hazards
line 22 at railroad sites have been eliminated or sufficiently remediated
line 23 to warrant removal of the site from the list required under
line 24 subdivision (b).
line 25 (d) The timing, nature, and status of the remediation of defects
line 26 and violations of federal and state law related to the transport and
line 27 delivery of oil detected by the commission through its inspections.
line 28 SEC. 67. Section 46002 of the Revenue and Taxation Code is
line 29 amended to read:
line 30 46002. The collection and administration of the fees referred
line 31 to in Sections 46051 and 46052 shall be governed by the definitions
line 32 contained in Chapter 7.4 (commencing with Section 8670.1) of
line 33 Division 1 of Title 2 of the Government Code and this part.
line 34 SEC. 68. Section 46006 of the Revenue and Taxation Code is
line 35 amended to read:
line 36 46006. “Administrator” means the person appointed by the
line 37 Governor pursuant to Section 8670.4 of the Government Code to
line 38 implement the Lempert-Keene-Seastrand Oil Spill Prevention and
line 39 Response Act (Chapter 7.4 (commencing with Section 8670.1) of
line 40 Division 1 of Title 2 of the Government Code).
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line 1 SEC. 69. Section 46007 of the Revenue and Taxation Code is
line 2 amended to read:
line 3 46007. “Barges” means vessels that carry oil in commercial
line 4 quantities as cargo but are not equipped with a means of
line 5 self-propulsion.
line 6 SEC. 70. Section 46008 of the Revenue and Taxation Code is
line 7 repealed.
line 8 SEC. 71. Section 46010 of the Revenue and Taxation Code is
line 9 amended to read:
line 10 46010. “Crude oil” means petroleum in an unrefined or natural
line 11 state, including condensate and natural gasoline, and including
line 12 substances that enhance, cut, thin, or reduce viscosity.
line 13 SEC. 72. Section 46011 of the Revenue and Taxation Code is
line 14 repealed.
line 15 SEC. 73. Section 46011 is added to the Revenue and Taxation
line 16 Code, to read:
line 17 46011. (a) “Facility” means any of the following located in
line 18 state waters or located where an oil spill may impact state waters:
line 19 (1) A building, structure, installation, or equipment used in oil
line 20 exploration, oil well drilling operations, oil production, oil refining,
line 21 oil storage, oil gathering, oil processing, oil transfer, oil
line 22 distribution, or oil transportation.
line 23 (2) A marine terminal.
line 24 (3) A pipeline that transports oil.
line 25 (4) A railroad that transports oil as cargo.
line 26 (5) A drill ship, semisubmersible drilling platform, jack-up type
line 27 drilling rig, or any other floating or temporary drilling platform.
line 28 (b) “Facility” does not include any of the following:
line 29 (1) A vessel, except a vessel located and used for any purpose
line 30 described in paragraph (5) of subdivision (a).
line 31 (2) An owner or operator subject to Chapter 6.67 (commencing
line 32 with Section 25270) of or Chapter 6.75 (commencing with Section
line 33 25299.10) of Division 20 of the Health and Safety Code.
line 34 (3) Operations on a farm, nursery, logging site, or construction
line 35 site that are either of the following:
line 36 (A) Do not exceed 20,000 gallons in a single storage tank.
line 37 (B) Have a useable tank storage capacity not exceeding 75,000
line 38 gallons.
line 39 (4) A small craft refueling dock.
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line 1 SEC. 74. Section 46013 of the Revenue and Taxation Code is
line 2 amended to read:
line 3 46013. “Feepayer” means any person liable for the payment
line 4 of a fee imposed by either Section 8670.40 or 8670.48 of the
line 5 Government Code.
line 6 SEC. 75. Section 46014 of the Revenue and Taxation Code is
line 7 repealed.
line 8 SEC. 76. Section 46015 of the Revenue and Taxation Code is
line 9 repealed.
line 10 SEC. 77. Section 46016 of the Revenue and Taxation Code is
line 11 repealed.
line 12 SEC. 78. Section 46017 of the Revenue and Taxation Code is
line 13 amended to read:
line 14 46017. “Marine terminal” means any facility used for
line 15 transferring crude oil or petroleum products to or from tankers or
line 16 barges. For purposes of this part, a marine terminal includes all
line 17 piping not integrally connected to a tank facility as defined in
line 18 subdivision (n) of Section 25270.2 of the Health and Safety Code.
line 19 SEC. 79. Section 46018 of the Revenue and Taxation Code is
line 20 repealed.
line 21 SEC. 80. Section 46018 is added to the Revenue and Taxation
line 22 Code, to read:
line 23 46018. “Oil” means any kind of petroleum, liquid
line 24 hydrocarbons, or petroleum products or any fraction or residues
line 25 therefrom, including, but not limited to, crude oil, bunker fuel,
line 26 gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed
line 27 with waste, and liquid distillates from unprocessed natural gas.
line 28 SEC. 81. Section 46019 of the Revenue and Taxation Code is
line 29 repealed.
line 30 SEC. 82. Section 46023 of the Revenue and Taxation Code is
line 31 amended to read:
line 32 46023. “Refinery” means a facility that refines crude oil,
line 33 including condensate and natural gasoline, into petroleum products,
line 34 lubricating oils, coke, or asphalt.
line 35 SEC. 83. Section 46024 of the Revenue and Taxation Code is
line 36 repealed.
line 37 SEC. 84. Section 46025 of the Revenue and Taxation Code is
line 38 repealed.
line 39 SEC. 85. Section 46027 of the Revenue and Taxation Code is
line 40 repealed.
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line 1 SEC. 86. Section 46027 is added to the Revenue and Taxation
line 2 Code, to read:
line 3 46027. “State waters” or “waters of the state” means any
line 4 surface water, including saline waters, marine waters, and
line 5 freshwaters, within the boundaries of the state but does not include
line 6 groundwater.
line 7 SEC. 87. Section 46028 of the Revenue and Taxation Code is
line 8 amended to read:
line 9 46028. “Tanker” means a self-propelled vessel that is
line 10 constructed or adapted for the carriage of oil in bulk or in
line 11 commercial quantities as cargo.
line 12 SEC. 88. Section 46101 of the Revenue and Taxation Code is
line 13 amended to read:
line 14 46101. Every person who operates a refinery in this state, a
line 15 marine terminal in waters of the state, or operates a pipeline to
line 16 transport crude oil or petroleum products out of the state shall
line 17 register with the board.
line 18 SEC. 89. Section 13272 of the Water Code is amended to read:
line 19 13272. (a) Except as provided by subdivision (b), any person
line 20 who, without regard to intent or negligence, causes or permits any
line 21 oil or petroleum product to be discharged in or on any waters of
line 22 the state, or discharged or deposited where it is, or probably will
line 23 be, discharged in or on any waters of the state, shall, as soon as
line 24 (1) that person has knowledge of the discharge, (2) notification is
line 25 possible, and (3) notification can be provided without substantially
line 26 impeding cleanup or other emergency measures, immediately
line 27 notify the Office of Emergency Services of the discharge in
line 28 accordance with the spill reporting provision of the California oil
line 29 spill contingency plan adopted pursuant to Article 3.5 (commencing
line 30 with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the
line 31 Government Code.
line 32 (b) The notification required by this section shall not apply to
line 33 a discharge in compliance with waste discharge requirements or
line 34 other provisions of this division.
line 35 (c) Any person who fails to provide the notice required by this
line 36 section is guilty of a misdemeanor and shall be punished by a fine
line 37 of not less than five hundred dollars ($500) or more than five
line 38 thousand dollars ($5,000) per day for each day of failure to notify,
line 39 or imprisonment of not more than one year, or both. Except where
line 40 a discharge to the waters of this state would have occurred but for
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line 1 cleanup or emergency response by a public agency, this subdivision
line 2 shall not apply to any discharge to land that does not result in a
line 3 discharge to the waters of this state. This subdivision shall not
line 4 apply to any person who is fined by the federal government for a
line 5 failure to report a discharge of oil.
line 6 (d) Notification received pursuant to this section or information
line 7 obtained by use of that notification shall not be used against any
line 8 person providing the notification in any criminal case, except in
line 9 a prosecution for perjury or giving a false statement.
line 10 (e) Immediate notification to the appropriate regional board of
line 11 the discharge, in accordance with reporting requirements set under
line 12 Section 13267 or 13383, shall constitute compliance with the
line 13 requirements of subdivision (a).
line 14 (f) The reportable quantity for oil or petroleum products shall
line 15 be one barrel (42 gallons) or more, by direct discharge to the
line 16 receiving waters, unless a more restrictive reporting standard for
line 17 a particular body of water is adopted.
line 18 SEC. 90.
line 19 SEC. 15. Nothing in this act is intended to limit the police
line 20 power or other authority of a local government or government
line 21 regulator to enforce any other state or federal environmental law
line 22 or regulation.
line 23 SEC. 91. (a) The Director of Finance may make available for
line 24 expenditure in the 2014–15 fiscal year from the Oil Spill Prevention
line 25 and Administration Fund, established pursuant to Section 8670.38
line 26 of the Government Code, an augmentation of Item 0860-001-0320
line 27 of the Budget Act of 2014 in an amount equal to the reasonable
line 28 costs incurred by the State Board of Equalization associated with
line 29 amendments made to Section 8670.40 of the Government Code
line 30 in the 2013–14 Regular Session.
line 31 (b) Any augmentation shall be authorized no sooner than 30
line 32 days following the transmittal of the approval to the Chairperson
line 33 of the Joint Legislative Budget Committee.
line 34 SEC. 92.
line 35 SEC. 16. No reimbursement is required by this act pursuant to
line 36 Section 6 of Article XIII B of the California Constitution because
line 37 the only costs that may be incurred by a local agency or school
line 38 district will be incurred because this act creates a new crime or
line 39 infraction, eliminates a crime or infraction, or changes the penalty
line 40 for a crime or infraction, within the meaning of Section 17556 of
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line 1 the Government Code, or changes the definition of a crime within
line 2 the meaning of Section 6 of Article XIII B of the California
line 3 Constitution.
line 4 SEC. 17. This act shall not become operative unless Senate
line 5 Bill 861 of the 2013–14 Regular Session is enacted and becomes
line 6 operative.
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