HomeMy WebLinkAboutMINUTES - 05062008 - C.34 �A
TO: BOARD OF SUPERVISORS
Contra'
`'•
FROM: . JOHN CULLEN, o Costa
County Administrator '~
�S1`t`CUUNK� GP~ County May 6, 2008
SUBJECT: SUPPORT POSITION on SB 1056 (Migden):. Oil spill prevention and
response
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8; BAC'KGROUND AND.IUS'1'11�ICA'I'ION
RECOMMENDATION
SUPPORT SB 1.056 (Migden), a bill that requires the Office of Emergency Services, if an oil spill has
occurred within the jurisdiction of the San Francisco Bay Conservation and Development Commission
(BCDC), to notify all nine counties, and requires that the standards set for response at the scene of
the oil spill shall not exceed 2 hours, as recommended by Supervisors Gioia and Glover, and the
Sheriff-Coroner.
FISCAL IMPACT:
No fiscal impact to the County.
BACKGROUND:
State Senator Carole Migden's (D-San Francisco/North Bay) legislative response to last year's Cosco
Busan oil spill in the San Francisco Bay successfully passed the Senate's Environmental Quality
Committee on April 7, 2008 on a 4-1 vote. SB 1056 specifies that the allowable response time for
future San Francisco Bay oil spills will be reduced from six hours to no more than two hours. SB
1056 next will be heard in Senate Appropriations Committee in May.
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act requires the Governor to
establish a state oil spill contingency plan, establishes oil spill response and contingency planning
requirements, and establishes oil spill prevention, response, containment, and cleanup programs.
While certain state entities must be notified in the case of certain spills, SB 1056 requires the nine
Bay area counties to also be notified if those spills occur within BCDC jurisdiction. The author is
concerned that after the November 7, 2007, Cosco Busan 53,569 gallon oil spill into San Francisco
Bay, only Alameda County and Oakland were notified.
CONTINUED ON ATTACI IMENT: X YES SIGNATURE:
RI:COMMI?NDAI'ION OI'C'OIJN`I'Y ADMINIS"I-IZA-1-OIZ R 'OMML NDAIION OF BOARD COM TEF
APPROVI` OTHER
r
SIGNATURE(S):
ACTION OFFY#ON � "�� API1ROVF.D AS RECOMMENDED OX
VOTE:OF SUPf.RVISORS I HEREBY CERTII-Y TFIA1 THIS IS A AZUL: ANI)COIZR CT COPY
OF AN ACTION TAKEN AND ENTERED ON MINUTES OF II-IE
130ARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT 17it1ky. )
AYES: NOES:
ABSENT: ABSTAIN:
Contact:
L.DeLaney 5-1097
Cc: ATTESTED
L.DeLaney,CAO's Office .1 N'CU1, CLERK OF THE BOARD OFSUPERVISORS
M.Castcn,Slicril7=C'oroner's Office
BY: DEPUTY
SB 1.056 (Oil Spill Prevention & Response)—p. 2
May 6, 2008
SB 1056 also requires standards set for an oil spill response to not exceed two hours if the spill
occurred with BCDC jurisdiction. According to the author, "this spill highlighted that the current
response time of 6 hours is inadequate for the San Francisco Bay, as strong tides and high winds
rapidly shift the oil throughout the bay."
Under existing law, any party responsible for a discharge is required to report it to the Office of
Emergency Services (OES). Existing law also requires OES to notify the Oil Spill Prevention and
Response Act (OSPR) administrator, State Lands Commission, California Coastal Commission, and
regional water quality control boards regarding a reportable oil spill in marine waters. If the spill
occurred within the jurisdiction of BCDC, then OES must also notify BCDC. Each of these entities
must adopt an internal protocol over communications regarding the discharge of oil and file the
protocol with OES.
SB 1056 would add the Bay Area counties to the list of entities that must be notified by OES if there is
a spill within BCDC's jurisdiction. Costs to OES to provide that notification would be minor. Each of
the nine Bay Area counties would be required to adopt an internal protocol over communications
regarding the discharge of oil and file that protocol with OES; this constitutes a reimbursable state-
mandated local program. However, eight of the nine counties already have such a protocol; therefore
resulting costs associated with the protocol would likely be minor.
AMENDED IN SENATE APRIL 2, 2008
SENATE BILL No. 1056
Introduced by Senators Migden,Florez, and Steinberg
(Coauthors: Senators Alquist, Corbett, Romero, and Wiggins)
January 7., 2008
Ali act to amend Sections 8670.25.5 858.9.7, 8670.25.5, and 8670.28
of the Government Code,relating to oil spills,and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1056, as amended, Migden. Oil spill prevention and response.
The I.empert-Kecne-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 requires, without regard to intent or negligence, a party
responsible for the discharge or threatened discharge of oil in marine
waters to report the discharge immediately to the Office of Emergency
Services, which then is required to notify the administrator, the State
Lands Commission, the California Coastal Commission, and the
California regional water quality control board having jurisdiction over
the location of the discharged oil'. If the spill has occurred within the
jurisdiction of the San Francisco Bay Conservation and Development
Commission, the Office of Emergency Services shall. notify that
commission.Existing law requires each public agency receiving notice
to adopt an internal protocol over communications regarding the
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SB 1056 —2—
discharge
2—discharge of oil and file the internal protocol with the Office of
Emergency Services.
This bill would also require the Office of Emergency Services, if the
spill has occurred within the jurisdiction of the San Francisco Bay
Conservation and Development Commission, to notify the counties of
Alameda,Contra Costa,Marin,Napa,San Mateo, Santa Clara,Solano,
and Sonoma, and the City and County of San Francisco. By requiring
these local entities that receive notice to adopt and file an internal
protocol over communications regarding the discharge of-oil, the bill
would create a state-mandated local program.
Existing law requires the administrator to adopt and implement
regulations and guidelines governing the adequacy of oil spill
contingency plans. The regulations shall, at a minimum; among other
things,ensure that standards set for response,containment,and cleanup
equipment and operations are maintained and regularly improved to
protect the resources of the state.
This bill would also require that, if the spill has occurred within the
jurisdiction of the San Francisco Bay Conservation and Development
Commission, the standards set for response.at the scene of the oil-spill
shall not exceed 2 hours.
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, if the Commission on State Mandates
determines that the bill. contains costs mandated by the state, .
reimbursement for those costs shall be made pursuant to these statutory
provisions.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: /3. Appropriation: 'no. Fiscal committee: yes. .
State-mandated local program: yes.
The people of'the State of California do enact as follows:
1 SECTION 1. Section 8589.7 of the Governinent Code is
2 amended to read:
3 8589.7. (a) In carrying out its responsibilities pursuant to
4 subdivision (b) of Section 8574.17, the Office of Emergency
5 Services shall serve as the central point in state government for
6 the emergency reporting of spills, unauthorized releases, or other .
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1 accidental releases of hazardous materials and shall coordinate the
2 notification of the appropriate state and local administering
3. agencies that may be required to respond to those spills,
4 unauthorized releases, or other accidental releases. The Office of .
5 Emergency Services is the only state agency required to make the
6 notification required by subdivision(b).
7 (b) Upon receipt of a report concerning a spill, unauthorized
8 release,or other accidental release involving hazardous materials,
9 as defined in Section 25501 of the Health and Safety Code, or
10 concerning a rupture of,or an explosion or fire involving,a pipeline
1 l reportable pursuant to Section 51018, the Office of Emergency
12 Services shall immediately inform the following agencies of the
13 incident:
14 (1) For an oil spill reportable pursuant to Section 8670.25.5,the
15 Office of Emergency Services shall inform the administrator for
16 oil spill response; the State Lands Commission, the California
17 . Coastal Commission, and the California regional. water quality
18 control board having jurisdiction over the location of the discharged
19 oil. If the shill has occurred tivithin the auris ict1on of'the San
20 Fi-anc•isco Bal% C017sen'at10n and Develoj)tnent C01171171s.0on., the
21 Qf f7C'C' Of E717ei ,rE'71C1, Sei-vices Shall 17010; that COnnni.ssi.on, the
22 C07117ties of Alameda, Contra Costa, Marin, Napa, San Mateo,
23 Santa.Clara, SO1c1170, and SOno1na, and the City and County of San
24 Fl"anCiSCO.
25 (2) For a rupture, explosion, or fire involving a pipeline
26 reportable pursuant to Section 51018, the Office of En..iergency
27 Services shall inform the State Fire Marshal.
28 (3) For a discharge in or on any waters of the state of a
29 hazardous substance or sewage reportable pursuant to Section
30 13271 of the Water Code, the Office of Emergency Services shall
31 inform the appropriate California regional water quality control
32 board. .
33 (4) For a spill or other release of petrolcurn reportable pursuant
34 to Section. 25270.8 of the Health and Safety Code, the Office of
35 . Emergency Services shall inform the local administering agency
36 that has jurisdiction over the spill or release.
37 (5) For a crude oil spill reportable pursuant to Section 3233 of
38 the Public Resources Code,the Office of Emergency Services shall
39 inform the Division of Oil, Gas, and Geothermal. Resources and
40 the appropriate California regional water quality control board.
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1 (c) This section does not relieve a person who is responsible
2 for ani incident specified in subdivision(b) from the duty to make
3 an emergency notification to a local agency,or the 911 emergency
.4 system, under any-other law. .
5 (d) A person who is subject to Section 25507 of the Health and
6 Safety Code shall immediately report all releases or threatened
7 releases pursuant to that section to the appropriate local
8 administering agency and each local administering agency shall
9 notify the Office of Emergency Services and businesses in their
10 jurisdiction of the appropriate emergency telephone number that
I 1 can be used for emergency notification to the administering agency
12 on a 24-hour basis. The administering agency shall-notify other
13 local agencies of releases or threatened releases within their
14 jurisdiction., as appropriate.
15 (c) No facility, owner, operator, or other person required to
16 report an incident specified in subdivision (b) to the Office of
17 Emergency Services shall be liable for any failure of the Office of
18 Emergency Services to make a notification required by this section
19 or to accurately transmit the information reported.
?0 S n�-1-
21 SEC. 2. Section 8670.25.5 of the Government Code is amended
22 to read:
23 8670.25.5. (a) Without regard to intent or negligence, any
24 party responsible for the.discharge or threatened discharge of oil
25 in marine waters shall. report the discharge immediately to the
26 Office of Emergency Services pursuant to Section 25507 of the
27 Health and Safety Code.
28 (b) Immediately upon receiving notification pursuant to
29 subdivision(a), the Office of Emergency Services shall.notify the
30 administrator,the State Lands Commission,the California Coastal
31 Commission, and the California regional water quality control
32 board having jurisdiction over the location of the discharged oil,
33 and take the actions required by subdivision(d)of Section 8589.7..
34 If the spill has occurred within the jurisdiction of the San Francisco
35 Bay Conservation and Development Commission, the Office of
36 Emergency Services.shall notify that commission,the Counties of
37 Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara,
38 Solano, and Sonoma,.and the City and County of San Francisco.
39 Each public agency specified in this subdivision shall adopt an
40 internal protocol over communications regarding the discharge of
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—5-- SB 1056
1 oil and file the internal protocol with the Office of Emergency
2 Services.
3 (c) The 24-hour emergency telephone number of the Office of
4 Emergency Services shall be posted at every terminal, at the area
5 of control of every marine facility, and on the bridge of every tank
6 ship in marine waters.
7 (d) This section does not apply to discharges, or potential
8 discharges,of less than one barrel(42 gallons)of oil,unless a more
9 restrictive reporting standard is adopted in the California oil spill
10 contingency plan prepared pursuant to Section 8574.1.
11. (e) Except as otherwise provided in this section and Section
12 8589.7, a notification made pursuant to this section shall satisfy
13 any immediate notification requirement contained in any permit
14 issued by a permitting agency.
15 SEG. c.
16 SEC. 3. Section 8670.28 of the Government Code is amended
17 to read:
18 8670.28. (a) The administrator, taking into consideration the
19 marine facility or vessel contingency plan requirements of the
20. national and California contingency plans, the State Lands
21 Commission,the State Fire Marshal, and the California Coastal
22 Commission shall adopt and implement regulations governing the
23 adequacy of oil spill contingency plans to be prepared and
24 implemented under this article.All regulations shall be developed
25 in consultation with the State Interagency Oil Spill Committee,
26 and the Oil Spill Technical Advisory Committee, and shall be
27 consistent with the California oil spill coi..itingency plan and not
28 in conflict with the National Contingency Plan. The regulations
29 shall provide for the.best achievable protection of coastal and
30 marine resources. The regulations shall permit the development,
3.1 application, and use of an oil spill contingency plan for similar
32 vessels,pipelines,terminals,and facilities within a single company
33 or organization., and across companies and organizations. The
34 regulations shall, at a minimum, ensure all of the following:
35 (1) All areas of the marine waters of the state are at all times
36 protected by prevention, response, containment, and cleanup
37 equipment and operations.For the purposes of this section,"marine
38 waters" includes the waterways used for waterborne commercial
39 vessel traffic to the Port of Stockton and the Port of Sacramento.
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SB 1056 —6--
1 (2) Standards set for response, containment, and cleanup
2 equipment and operations are maintained and regularly improved
3 to protect the resources of the state.If the spill has occurred within
4 the jurisdiction of the San Francisco Bay Conservation and
5 Development Commission, the standards set for response at the
6 scene of the oil spill shall not exceed two hours.
7 (3) All appropriate personnel employed by operators required .
8 to have a contingency plan receive training in oil spill response
9 and cleanup equipment usage and operations.
10 (4) Each oil spill contingency plan provides for appropriate
11 financial or contractual arrangements for all necessary equipment
12 and services, for the response, containment, and cleanup of a
13 reasonable worst case oil spill scenario for each part of the coast
1.4 the plan addresses.
15 (5) Each oil spill contingency plan demonstrates that all
16 protection measures are being taken to reduce the possibility of
17 an oil spill occurring as a result of the operation of the marine
18 facility or vessel. The protection measures shall include, but not
19 be limited to,response to disabled vessels and an identification of
20 those measures taken to comply with the requirements of Division
21 7.8 (commencing with Section 8750)'of the Public Resources
22 Code.
23 (6) Each oil spill contingency plan identifies the types of
24 equipment that can be used,the location of the equipment,and the
25 time taken to deliver the equipment.
26 (7) Each marine facility conducts a hazard and operability study
27 to identify the hazards associated with the operation of the facility,
28. including the use of the facility by vessels, due to operating error,
29 equipment failure, and external.events. For the hazards identified
30 in the hazard and operability.studies, the facility shall conduct an
31 offsite consequence analysis which, for the most likely hazards,
32 assumes pessimistic water and air dispersion and other adverse
33 environmental conditions.
34 (8) Each oil spill contingency plan contains a list of contacts to
35 call in the event of a drill,threatened discharge of oil,or discharge .
36 of oil.
37 (9) Each oil spill contingency plan identifies.the measures to
38 -be taken to.protect the recreational and environmentally sensitive .
39 areas that would be threatened by a reasonable worst case oil.spill
40 scenario.
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1 (10) Standards for determining a reasonable worst case oil spill.
2 (11) Each oil spill contingency plan includes a timetable for
3 implementing the plan.
4 (12) Each oil spill contingency plan specifies an.agent for service
5 of process. The agent shall be located in this state.
6 (b) The regulations and guidelines adopted pursuant to this
7 section shall also include provisions to provide public review and
8 comment on submitted oil spill contingency plans prior to approval.
9 (c) The regulations adopted pursuant to this section shall
10 specifically address the types of equipment that will be necessary,
11 the maximum time that will be allowed for deployment, the
12 maximum distance to cooperating response entities, the amounts
13 of dispersant, and the maximum time required for application,
14 should the use of dispersants be approved. Upon a determination
l5 by the administrator that booming is appropriate at the site and
16 necessary to provide best achievable protection, the regulations
17 shall require that vessels engaged in lightering operations be
18 boomed prior to the commencement of operations.
19 (d) The administrator shall adopt regulations and guidelines for
20 oil spill contingency plans with regard to mobile transfer units,
21 small marine fueling facilities,and vessels carrying oil as secondary
22 cargo that acknowledge the reduced risk of damage from oil spills
23 from those units, facilities, and vessels while maintaining the best
24 achievable protection for the public health and safety and the
25 environment.
26 (e) The regulations adopted pursuant.to subdivision(d)shall be
27 exempt from review by the Office of Administrative Law.
28 Subsequent amendments and changes to the regulations shall not
29 be exempt from Office of Administrative Law review.
30 SF'G. 3.
31 SEC. 4. If the Commission on State Mandates determines that
32 this act contains costs mandated by the state, reimbursement to
33 local agencies and school districts for those costs shall be made
34 pursuant to Part 7 (commencing with Section 17500) of Division
35 4 of Title 2 of the Government Code.
36 S£G. 4
37 SEC. 5. This act is an urgency statute necessary for the
38 immediate preservation of the public peace,health,or safety within
39 the' meaning of Article IV of the Constitution and shall go into
40 immediate effect. The facts constituting the necessity are:
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SB 1056
1 In order to protect the public health and safety from oil spills by
2 improving notification procedures and response times at the earliest
3 possible time, it is necessary that this act take effect innnediately.
O
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