BILL NUMBER: AB 2031 CHAPTERED
BILL TEXT
CHAPTER 563
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2008
APPROVED BY GOVERNOR SEPTEMBER 29, 2008
PASSED THE SENATE AUGUST 22, 2008
PASSED THE ASSEMBLY AUGUST 28, 2008
AMENDED IN SENATE AUGUST 18, 2008
AMENDED IN SENATE AUGUST 12, 2008
AMENDED IN SENATE JULY 1, 2008
AMENDED IN SENATE JUNE 18, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
INTRODUCED BY Assembly Member Hancock
(Coauthors: Assembly Members Beall, Coto, DeSaulnier, Huffman,
Leno, Lieber, Mullin, Ruskin, Silva, Swanson, Torrico, and Wolk)
FEBRUARY 15, 2008
An act to amend Sections 8670.8 and 8670.25.5 of, and to add
Section 8670.8.3 to, the Government Code, relating to oil spills.
LEGISLATIVE COUNSEL'S DIGEST
AB 2031, Hancock. 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.
The act also requires the administrator to implement the
California oil spill contingency plan and carry out programs to
provide training for individuals in response, containment, and
cleanup operations and equipment, equipment deployment, and the
planning and management of these programs.
The bill would require the administrator, as part of the training
and certification program, to authorize a local spill response
manager to train and certify volunteers, and the local response
managers would be required to participate in all drills upon the
administrator's request. The bill would require, in the event of an
oil spill, the local spill response manager to provide the state
onscene coordinator with timely information on activities and
resources deployed by local government in response to the oil spill,
cooperate with the administrator, and respond in a manner consistent
with the area contingency plan, to the extent possible.
This bill would also require the administrator to offer grants to
a local government with jurisdiction over or directly adjacent to
marine waters to provide oil spill response equipment to be deployed
by a local spill response manager.
(2) 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. Existing
law requires each public agency receiving notice to adopt an
internal protocol over communications regarding the discharge of oil
and file the internal protocol with the Office of Emergency Services.
This bill would require a party, responsible for the discharge or
threat of a discharge of oil in marine waters whose initial report to
the Office of Emergency Services was inaccurate, incomplete, or
changed as to the quantity of oil discharged, to report the updated
information to the Office of Emergency Services, as prescribed. This
bill would also require the Office of Emergency Services to notify
the appropriate local governmental agencies in the area surrounding
the discharged oil. By requiring these local entities to adopt and
file an internal protocol covering communications regarding the
discharge of oil, the bill would create a state-mandated local
program.
(3) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8670.8 of the Government Code is amended to
read:
8670.8. (a) The administrator shall carry out programs to provide
training for individuals in response, containment, and cleanup
operations and equipment, equipment deployment, and the planning and
management of these programs. These programs may include training for
members of the California Conservation Corps, other response
personnel employed by the state, personnel employed by other public
entities, personnel from marine facilities, commercial fishermen and
other mariners, and interested members of the public. Training may be
offered for volunteers.
(b) The administrator may offer training to anyone who is required
to take part in response and cleanup efforts under the California
oil spill contingency plan or under local government contingency
plans prepared and approved under this chapter.
(c) Upon request by a local government, the administrator shall
provide a program for training and certification of a local emergency
responder designated as a local spill response manager by a local
government with jurisdiction over or directly adjacent to marine
waters.
(d) Trained and certified local spill response managers shall
participate in all drills upon request of the administrator.
(e) As part of the training and certification program, the
administrator shall authorize a local spill response manager to train
and certify volunteers.
(f) In the event of an oil spill, local spill response managers
trained and certified pursuant to subdivision (c) shall provide the
state onscene coordinator with timely information on activities and
resources deployed by local government in response to the oil spill.
The local spill response manager shall cooperate with the
administrator and respond in a manner consistent with the area
contingency plan to the extent possible.
(g) Funding for activities undertaken pursuant to subdivisions (a)
to (c), inclusive, shall be from the Oil Spill Prevention and
Administration Fund created pursuant to Section 8670.38.
(h) All training provided by the administrator shall follow the
requirements of applicable federal and state occupational safety and
health standards adopted by the Occupational Safety and Health
Administration of the Department of Labor and the California
Occupational, Safety, and Health Standards Board.
SEC. 2. Section 8670.8.3 is added to the Government Code, to read:
8670.8.3. The administrator shall offer grants to a local
government with jurisdiction over or directly adjacent to marine
waters to provide oil spill response equipment to be deployed by a
local spill response manager certified pursuant to Section 8670.8.
The administrator shall request the Legislature to appropriate funds
from the Oil Spill Prevention and Administration Fund created
pursuant to Section 8670.38 for the purposes of this section.
SEC. 3. Section 8670.25.5 of the Government Code is amended to
read:
8670.25.5. (a) (1) Without regard to intent or negligence, any
party responsible for the discharge or threatened discharge of oil in
marine waters shall report the discharge immediately to the Office
of Emergency Services pursuant to Section 25507 of the Health and
Safety Code.
(2) If the information initially reported pursuant to paragraph
(1) was inaccurate or incomplete, or if the quantity of oil
discharged has changed, any party responsible for the discharge or
threatened discharge of oil in marine waters shall report the updated
information immediately to the Office of Emergency Services pursuant
to paragraph (1). The report shall contain the accurate or complete
information, or the revised quantity of oil discharged.
(b) Immediately upon receiving notification pursuant to
subdivision (a), the Office of Emergency Services shall notify the
administrator, the State Lands Commission, the California Coastal
Commission, the California regional water quality control board
having jurisdiction over the location of the discharged oil, and the
appropriate local governmental agencies in the area surrounding the
discharged oil, and take the actions required by subdivision (d) of
Section 8589.7. 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. Each
public agency specified in this subdivision shall adopt an internal
protocol over communications regarding the discharge of oil and file
the internal protocol with the Office of Emergency Services.
(c) The 24-hour emergency telephone number of the Office of
Emergency Services shall be posted at every terminal, at the area of
control of every marine facility, and on the bridge of every tankship
in marine waters.
(d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil unless a more
restrictive reporting standard is adopted in the California oil
spill contingency plan prepared pursuant to Section 8574.1.
(e) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.