BILL NUMBER: SB 1056 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2008
PASSED THE ASSEMBLY AUGUST 25, 2008
AMENDED IN ASSEMBLY AUGUST 20, 2008
AMENDED IN ASSEMBLY AUGUST 8, 2008
AMENDED IN ASSEMBLY JULY 2, 2008
AMENDED IN ASSEMBLY JUNE 17, 2008
AMENDED IN SENATE MAY 23, 2008
AMENDED IN SENATE APRIL 2, 2008
INTRODUCED BY Senators Migden, Florez, and Steinberg
(Coauthors: Senators Alquist, Corbett, Romero, and Wiggins)
(Coauthor: Assembly Member Huffman)
JANUARY 7, 2008
An act to amend Sections 8589.7, 8670.7, 8670.12, and 8670.28 of,
and to add Section 8670.25.6 to, the Government Code, relating to oil
spills.
LEGISLATIVE COUNSEL'S DIGEST
SB 1056, Migden. 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 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 is required to notify that commission. 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.
The McAteer-Petris Act, among other things, authorizes the San
Francisco Bay Conservation and Development Commission to issue or
deny a permit, after public hearings, for a proposed project that
involves placing fill, extracting materials, or making a substantial
change in the use of any water, land, or structure within the area of
the commission's jurisdiction.
This bill would require the Office of Emergency Services, if the
oil spill has occurred within the jurisdiction of the McAteer-Petris
Act, to also 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.
(2) 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 McAteer-Petris Act, the standards set
for response at the scene of the oil spill shall not exceed 2 hours.
(3) Existing law requires the administrator, throughout the
response and cleanup process, to apprise specified entities,
including the local governmental entities that are affected by the
spill.
This bill would instead require the administrator, throughout the
response and cleanup process, to apprise the local governmental
entities that are or may be affected by the spill.
(4) Existing law requires the administrator to conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in marine waters
and marine oil transportation systems.
This bill would additionally require the administrator to reassess
whether certain regulations constitute the best achievable
protection of coastal and marine resources and to submit this
assessment, including any recommendations, to the Legislature by
March 30, 2009.
(5) 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.
(6) This bill incorporates amendments to Section 8589.7 of the
Government Code proposed by both this bill and AB 38, which would
only become operative if both bills are enacted and become effective
on or before January 1, 2009, each bill amends Section 8589.7 of the
Government Code, and this bill is enacted after AB 38.
(7) This bill incorporates amendments to Section 8670.28 of the
Government Code proposed by both this bill and AB 2547, which would
only become operative if both bills are enacted and become effective
on or before January 1, 2009, each bill amends Section 8670.28 of the
Government Code, and this bill is enacted after AB 2547.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8589.7 of the Government Code is amended to
read:
8589.7. (a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the Office of Emergency Services
shall serve as the central point in state government for the
emergency reporting of spills, unauthorized releases, or other
accidental releases of hazardous materials and shall coordinate the
notification of the appropriate state and local administering
agencies that may be required to respond to those spills,
unauthorized releases, or other accidental releases. The Office of
Emergency Services is the only state agency required to make the
notification required by subdivision (b).
(b) Upon receipt of a report concerning a spill, unauthorized
release, or other accidental release involving hazardous materials,
as defined in Section 25501 of the Health and Safety Code, or
concerning a rupture of, or an explosion or fire involving, a
pipeline reportable pursuant to Section 51018, the Office of
Emergency Services shall immediately inform the following agencies of
the incident:
(1) For an oil spill reportable pursuant to Section 8670.25.5, the
Office of Emergency Services shall inform the administrator for oil
spill response, 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 and the Counties of Alameda,
Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and
Sonoma, and the City and County of San Francisco if the spill is
within the jurisdiction of the McAteer-Petris Act (Chapter 1
(commencing with Section 66600) of Title 7.2).
(2) For a rupture, explosion, or fire involving a pipeline
reportable pursuant to Section 51018, the Office of Emergency
Services shall inform the State Fire Marshal.
(3) For a discharge in or on any waters of the state of a
hazardous substance or sewage reportable pursuant to Section 13271 of
the Water Code, the Office of Emergency Services shall inform the
appropriate California regional water quality control board.
(4) For a spill or other release of petroleum reportable pursuant
to Section 25270.8 of the Health and Safety Code, the Office of
Emergency Services shall inform the local administering agency that
has jurisdiction over the spill or release.
(5) For a crude oil spill reportable pursuant to Section 3233 of
the Public Resources Code, the Office of Emergency Services shall
inform the Division of Oil, Gas, and Geothermal Resources and the
appropriate California regional water quality control board.
(c) This section does not relieve a person who is responsible for
an incident specified in subdivision (b) from the duty to make an
emergency notification to a local agency, or the 911 emergency
system, under any other law.
(d) A person who is subject to Section 25507 of the Health and
Safety Code shall immediately report all releases or threatened
releases pursuant to that section to the appropriate local
administering agency and each local administering agency shall notify
the Office of Emergency Services and businesses in their
jurisdiction of the appropriate emergency telephone number that can
be used for emergency notification to the administering agency on a
24-hour basis. The administering agency shall notify other local
agencies of releases or threatened releases within their
jurisdiction, as appropriate.
(e) A facility, owner, operator, or other person required to
report an incident specified in subdivision (b) to the Office of
Emergency Services shall not be liable for any failure of the Office
of Emergency Services to make a notification required by this section
or to accurately transmit the information reported.
SEC. 1.5. Section 8589.7 of the Government Code is amended to
read:
8589.7. (a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the California Emergency
Management Agency shall serve as the central point in state
government for the emergency reporting of spills, unauthorized
releases, or other accidental releases of hazardous materials and
shall coordinate the notification of the appropriate state and local
administering agencies that may be required to respond to those
spills, unauthorized releases, or other accidental releases. The
California Emergency Management Agency is the only state agency
required to make the notification required by subdivision (b).
(b) Upon receipt of a report concerning a spill, unauthorized
release, or other accidental release involving hazardous materials,
as defined in Section 25501 of the Health and Safety Code, or
concerning a rupture of, or an explosion or fire involving, a
pipeline reportable pursuant to Section 51018, the California
Emergency Management Agency shall immediately inform the following
agencies of the incident:
(1) For an oil spill reportable pursuant to Section 8670.25.5, the
California Emergency Management Agency shall inform the
administrator for oil spill response, 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
California Emergency Management Agency shall notify that commission
and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
Santa Clara, Solano, and Sonoma, and the City and County of San
Francisco if the spill is within the jurisdiction of the
McAteer-Petris Act (Chapter 1 (commencing with Section 66600) of
Title 7.2).
(2) For a rupture, explosion, or fire involving a pipeline
reportable pursuant to Section 51018, the California Emergency
Management Agency shall inform the State Fire Marshal.
(3) For a discharge in or on any waters of the state of a
hazardous substance or sewage reportable pursuant to Section 13271 of
the Water Code, the California Emergency Management Agency shall
inform the appropriate California regional water quality control
board.
(4) For a spill or other release of petroleum reportable pursuant
to Section 25270.8 of the Health and Safety Code, the California
Emergency Management Agency shall inform the local administering
agency that has jurisdiction over the spill or release.
(5) For a crude oil spill reportable pursuant to Section 3233 of
the Public Resources Code, the California Emergency Management Agency
shall inform the Division of Oil, Gas, and Geothermal Resources and
the appropriate California regional water quality control board.
(c) This section does not relieve a person who is responsible for
an incident specified in subdivision (b) from the duty to make an
emergency notification to a local agency, or the 911 emergency
system, under any other law.
(d) A person who is subject to Section 25507 of the Health and
Safety Code shall immediately report all releases or threatened
releases pursuant to that section to the appropriate local
administering agency and each local administering agency shall notify
the California Emergency Management Agency and businesses in their
jurisdiction of the appropriate emergency telephone number that can
be used for emergency notification to the administering agency on a
24-hour basis. The administering agency shall notify other local
agencies of releases or threatened releases within their
jurisdiction, as appropriate.
(e) A facility, owner, operator, or other person required to
report an incident specified in subdivision (b) to the California
Emergency Management Agency shall not be liable for any failure of
the California Emergency Management Agency to make a notification
required by this section or to accurately transmit the information
reported.
SEC. 2. Section 8670.7 of the Government Code is amended to read:
8670.7. (a) The administrator, subject to the Governor, has the
primary authority to direct prevention, removal, abatement, response,
containment, and cleanup efforts with regard to all aspects of any
oil spill in the marine waters of the state, in accordance with any
applicable marine facility or vessel contingency plan and the
California oil spill contingency plan. The administrator shall
cooperate with any federal on-scene coordinator, as specified in the
National Contingency Plan.
(b) The administrator shall implement the California oil spill
contingency plan, required pursuant to Section 8574.1, to the fullest
extent possible.
(c) The administrator shall do both of the following:
(1) Be present at the location of any oil spill of more than
100,000 gallons in marine waters, as soon as possible after notice of
the discharge.
(2) Ensure that persons trained in oil spill response and cleanup,
whether employed by the responsible party, the state, or another
private or public person or entity, are onsite to respond to,
contain, and clean up any oil spill in marine waters, as soon as
possible after notice of the discharge.
(d) Throughout the response and cleanup process, the administrator
shall apprise the members of the State Interagency Oil Spill
Committee, and the air quality management district or air pollution
control district having jurisdiction over the area in which the oil
spill occurred. The administrator shall also apprise any local
governmental entities that are or may be affected by the spill.
(e) The administrator, with the assistance of the State Fire
Marshal, the State Lands Commission, and the federal on-scene
coordinator, shall determine the cause and amount of the discharge.
(f) The administrator shall have the state authority over the use
of all response methods, including, but not limited to, in situ
burning, dispersants, and any oil spill cleanup agents in connection
with an oil discharge. The administrator shall consult with the
federal on-scene coordinator prior to exercising authority under this
subdivision.
(g) (1) The administrator shall conduct workshops, consistent with
the intent of this chapter, with the participation of appropriate
local, state, and federal agencies, including the State Air Resources
Board, air pollution control districts, and air quality management
districts, and affected private organizations, on the subject of oil
spill response technologies, including in situ burning. The workshops
shall review the latest research and findings regarding the efficacy
and toxicity of oil spill cleanup agents and other technologies,
their potential public health and safety and environmental impacts,
and any other relevant factors concerning their use in oil spill
response. In conducting these workshops, the administrator shall
solicit the views of all participating parties concerning the use of
these technologies, with particular attention to any special
considerations that apply to coastal areas and marine waters of the
state.
(2) The administrator shall publish guidelines and conduct
periodic reviews of the policies, procedures, and parameters for the
use of in situ burning, which may be implemented in the event of an
oil spill.
(h) (1) The administrator shall ensure that, as part of the
response to any significant spill, biologists or other personnel are
present and provided any support and funding necessary and
appropriate for the assessment of damages to natural resources and
for the collection of data and other evidence that may help in
determining and recovering damages.
(2) (A) The administrator shall coordinate all actions required by
state or local agencies to assess injury to, and provide full
mitigation for injury to, or to restore, rehabilitate, or replace,
natural resources, including wildlife, fisheries, wildlife or
fisheries habitat, and beaches and other coastal areas, that are
damaged by an oil spill. For purposes of this subparagraph, "actions
required by state or local agencies" include, but are not limited to,
actions required by state trustees under Section 1006 of the Oil
Pollution Act of 1990 (33 U.S.C. Sec. 2706) and actions required
pursuant to Section 8670.61.5.
(B) The responsible party shall be liable for all coordination
costs incurred by the administrator.
(3) This subdivision does not give the administrator authority to
administer state or local laws or to limit the authority of another
state or local agency to implement and enforce state or local laws
under its jurisdiction, nor does this subdivision limit the authority
or duties of the administrator under this chapter or limit the
authority of an agency to enforce existing permits or permit
conditions.
(i) (1) The administrator shall enter into a memorandum of
understanding with the executive director of the State Water
Resources Control Board, acting for the State Water Resources Control
Board and the California regional water quality control boards, and
with the approval of the State Water Resources Control Board, to
address discharges, other than dispersants, that are incidental to,
or directly associated with, the response, containment, and cleanup
of an existing or threatened oil spill conducted pursuant to this
chapter.
(2) The memorandum of understanding entered into pursuant to
paragraph (1) shall address any permits, requirements, or
authorizations that are required for the specified discharges. The
memorandum of understanding shall be consistent with requirements
that protect state water quality and beneficial uses and with any
applicable provisions of the Porter-Cologne Water Quality Control Act
(Division 7 (commencing with Section 13000) of the Water Code) or
the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and shall
expedite efficient oil spill response.
SEC. 3. Section 8670.12 of the Government Code is amended to read:
8670.12. (a) (1) The administrator shall conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in marine waters
and marine oil transportation systems. The administrator may expend
moneys from the Oil Spill Prevention and Administration Fund created
pursuant to Section 8670.38, enter into consultation agreements, and
acquire necessary equipment and services for the purpose of carrying
out these studies and evaluations.
(2) The administrator shall reassess whether the best achievable
protection, as defined in subdivision (b) of Section 8670.3, of
coastal and marine resources is provided by the regulations adopted
pursuant to this chapter that govern on-water recovery capability and
oil spill containment that apply to tank and nontank vessels in
high-volume ports, as defined in Section 790 of Title 14 of the
California Code of Regulations, and in marine or coastal areas with
strong tides, environmentally sensitive habitat, vulnerable
fisheries, or other factors, as determined by the administrator. On
or before March 30, 2009, the administrator shall submit this
assessment, including any recommendations, to the Legislature.
(b) The administrator shall study the use and effects of
dispersants, incineration, bioremediation, and any other methods used
to respond to a spill. The study shall periodically be updated to
ensure the best achievable protection from the use of those methods.
Based upon substantial evidence in the record, the administrator may
determine in individual cases that best achievable protection is
provided by establishing requirements which provide the greatest
degree of protection achievable without imposing costs which
significantly outweigh the incremental protection that would
otherwise be provided. The studies shall do all of the following:
(1) Evaluate the effectiveness of dispersants and other chemical
agents in oil spill response under varying environmental conditions.
(2) Evaluate potential adverse impacts on the environment and
public health including, but not limited to, adverse toxic impacts on
water quality, fisheries, and wildlife with consideration to
bioaccumulation and synergistic impacts, and the potential for human
exposure, including skin contact and consumption of contaminated
seafood.
(3) Recommend appropriate uses and limitations on the use of
dispersants and other chemical agents to ensure they are used only in
situations where the administrator determines they are effective and
safe.
(c) The administrator shall evaluate the feasibility of using
commercial fishermen and other mariners for oil spill containment and
cleanup. The study shall examine the following:
(1) Equipment and technology needs.
(2) Coordination with private response personnel.
(3) Liability and insurance.
(4) Compensation.
(d) The studies shall be performed in conjunction with any studies
performed by federal, state, and international entities. The
administrator may enter into contracts for the studies.
SEC. 4. Section 8670.25.6 is added to the Government Code, to
read:
8670.25.6. Immediately upon receiving notification pursuant to
subdivision (a) of Section 8670.25.5, the Office of Emergency
Services shall notify the Counties of Alameda, Contra Costa, Marin,
Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and
County of San Francisco if the spill is within the jurisdiction of
the McAteer-Petris Act (Chapter 1 (commencing with Section 66600) of
Title 7.2).
SEC. 5. Section 8670.28 of the Government Code is amended to read:
8670.28. (a) The administrator, taking into consideration the
marine facility or vessel contingency plan requirements of the
national and California contingency plans, the State Lands
Commission, the State Fire Marshal, and the California Coastal
Commission shall adopt and implement regulations governing the
adequacy of oil spill contingency plans to be prepared and
implemented under this article. All regulations shall be developed in
consultation with the State Interagency Oil Spill Committee, and the
Oil Spill Technical Advisory Committee, and shall be consistent with
the California oil spill contingency plan and not in conflict with
the National Contingency Plan. The regulations shall provide for the
best achievable protection of coastal and marine resources. The
regulations shall permit the development, application, and use of an
oil spill contingency plan for similar vessels, pipelines, terminals,
and facilities within a single company or organization, and across
companies and organizations. The regulations shall, at a minimum,
ensure all of the following:
(1) All areas of the marine waters of the state are at all times
protected by prevention, response, containment, and cleanup equipment
and operations. For the purposes of this section, "marine waters"
includes the waterways used for waterborne commercial vessel traffic
to the Port of Stockton and the Port of Sacramento.
(2) Standards set for response, containment, and cleanup equipment
and operations are maintained and regularly improved to protect the
resources of the state. If the spill has occurred within the
jurisdiction of the McAteer-Petris Act (Chapter 1 (commencing with
Section 66600) of Title 7.2), the standards set for response at the
scene of the oil spill shall not exceed two hours.
(3) All appropriate personnel employed by operators required to
have a contingency plan receive training in oil spill response and
cleanup equipment usage and operations.
(4) Each oil spill contingency plan provides for appropriate
financial or contractual arrangements for all necessary equipment and
services, for the response, containment, and cleanup of a reasonable
worst case oil spill scenario for each part of the coast the plan
addresses.
(5) Each oil spill contingency plan demonstrates that all
protection measures are being taken to reduce the possibility of an
oil spill occurring as a result of the operation of the marine
facility or vessel. The protection measures shall include, but not be
limited to, response to disabled vessels and an identification of
those measures taken to comply with the requirements of Division 7.8
(commencing with Section 8750) of the Public Resources Code.
(6) Each oil spill contingency plan identifies the types of
equipment that can be used, the location of the equipment, and the
time taken to deliver the equipment.
(7) Each marine facility conducts a hazard and operability study
to identify the hazards associated with the operation of the
facility, including the use of the facility by vessels, due to
operating error, equipment failure, and external events. For the
hazards identified in the hazard and operability studies, the
facility shall conduct an offsite consequence analysis which, for the
most likely hazards, assumes pessimistic water and air dispersion
and other adverse environmental conditions.
(8) Each oil spill contingency plan contains a list of contacts to
call in the event of a drill, threatened discharge of oil, or
discharge of oil.
(9) Each oil spill contingency plan identifies the measures to be
taken to protect the recreational and environmentally sensitive areas
that would be threatened by a reasonable worst case oil spill
scenario.
(10) Standards for determining a reasonable worst case oil spill.
(11) Each oil spill contingency plan includes a timetable for
implementing the plan.
(12) Each oil spill contingency plan specifies an agent for
service of process. The agent shall be located in this state.
(b) The regulations and guidelines adopted pursuant to this
section shall also include provisions to provide public review and
comment on submitted oil spill contingency plans prior to approval.
(c) The regulations adopted pursuant to this section shall
specifically address the types of equipment that will be necessary,
the maximum time that will be allowed for deployment, the maximum
distance to cooperating response entities, the amounts of dispersant,
and the maximum time required for application, should the use of
dispersants be approved. Upon a determination by the administrator
that booming is appropriate at the site and necessary to provide best
achievable protection, the regulations shall require that vessels
engaged in lightering operations be boomed prior to the commencement
of operations.
(d) The administrator shall adopt regulations and guidelines for
oil spill contingency plans with regard to mobile transfer units,
small marine fueling facilities, and vessels carrying oil as
secondary cargo that acknowledge the reduced risk of damage from oil
spills from those units, facilities, and vessels while maintaining
the best achievable protection for the public health and safety and
the environment.
(e) The regulations adopted pursuant to subdivision (d) shall be
exempt from review by the Office of Administrative Law. Subsequent
amendments and changes to the regulations shall not be exempt from
Office of Administrative Law review.
SEC. 5.5. Section 8670.28 of the Government Code is amended to
read:
8670.28. (a) The administrator, taking into consideration the
marine facility or vessel contingency plan requirements of the
national and California contingency plans, the State Lands
Commission, the State Fire Marshal, and the California Coastal
Commission shall adopt and implement regulations governing the
adequacy of oil spill contingency plans to be prepared and
implemented under this article. All regulations shall be developed in
consultation with the State Interagency Oil Spill Committee, and the
Oil Spill Technical Advisory Committee and shall be consistent with
the California oil spill contingency plan and not in conflict with
the National Contingency Plan. The regulations shall provide for the
best achievable protection of coastal and marine resources. The
regulations shall permit the development, application, and use of an
oil spill contingency plan for similar vessels, pipelines, terminals,
and facilities within a single company or organization, and across
companies and organizations. The regulations shall, at a minimum,
ensure all of the following:
(1) All areas of the marine waters of the state are at all times
protected by prevention, response, containment, and cleanup equipment
and operations. For the purposes of this section, "marine waters"
includes the waterways used for waterborne commercial vessel traffic
to the Port of Stockton and the Port of Sacramento.
(2) Standards set for response, containment, and cleanup equipment
and operations are maintained and regularly improved to protect the
resources of the state. If the spill has occurred within the
jurisdiction of the McAteer-Petris Act (Chapter 1 (commencing with
Section 66600) of Title 7.2), the standards set for response at the
scene of the oil spill shall not exceed two hours.
(3) (A) A minimum containment response, based on factors such as
resources dispatched, is required for all oil spills or discharges
that occur during low visibility conditions where the area impacted
by the spill or the spill trajectory cannot be determined by visual
observation.
(B) Notwithstanding subparagraph (A), the regulations shall
authorize the administrator to waive the minimum containment response
required by subparagraph (A) during low visibility conditions if the
conditions at the site of the oil spill are determined by
administrator to be beyond reasonable safety limits for response
personnel.
(4) (A) A minimum containment response, based on factors such as
resources dispatched, is required for all marine groundings,
collisions, and allisions that involve a tank vessel or nontank
vessel, and that result in the threat of a discharge of oil. For
purposes of this paragraph, the threat of a discharge of oil
includes, but is not limited to, an incident in which any of the
following occurs:
(i) The integrity of any tank on the vessel that contains oil is
adversely affected or appears to have been adversely affected.
(ii) The integrity of the vessel's hull in the vicinity of any
tank on the vessel that contains oil is adversely affected or appears
to have been adversely affected.
(iii) The vessel could capsize, founder, or sink.
(iv) The incident creates or has the potential to create an oil
spill hazard to the environment.
(B) Notwithstanding subparagraph (A), the regulations shall
authorize the administrator to waive the minimum containment response
required by subparagraph (A) if the conditions at the site of the
grounding, collision, or allision are determined by the administrator
to be beyond reasonable safety limits for response personnel.
(5) All
appropriate personnel employed by operators required to have a
contingency plan are to receive training in oil spill response and
cleanup equipment usage and operations.
(6) Each oil spill contingency plan provides for appropriate
financial or contractual arrangements for all necessary equipment and
services, for the response, containment, and cleanup of a reasonable
worst case oil spill scenario for each part of the coast the plan
addresses.
(7) Each oil spill contingency plan demonstrates that all
protection measures are being taken to reduce the possibility of an
oil spill occurring as a result of the operation of the marine
facility or vessel. The protection measures shall include, but not be
limited to, response to disabled vessels and an identification of
those measures taken to comply with requirements of Division 7.8
(commencing with Section 8750) of the Public Resources Code.
(8) Each oil spill contingency plan identifies the types of
equipment that can be used, the location of the equipment, and the
time taken to deliver the equipment.
(9) Each marine facility conducts a hazard and operability study
to identify the hazards associated with the operation of the
facility, including the use of the facility by vessels, due to
operating error, equipment failure, and external events. For the
hazards identified in the hazard and operability studies, the
facility shall conduct an offsite consequence analysis that, for the
most likely hazards, assumes pessimistic water and air dispersion and
other adverse environmental conditions.
(10) Each oil spill contingency plan contains a list of contacts
to call in the event of a drill, threatened discharge of oil, or
discharge of oil.
(11) Each oil spill contingency plan identifies the measures to be
taken to protect the recreational and environmentally sensitive
areas that would be threatened by a reasonable worst case oil spill
scenario.
(12) Standards for determining a reasonable worst case oil spill.
(13) Each oil spill contingency plan includes a timetable for
implementing the plan.
(14) Each oil spill contingency plan specifies an agent for
service of process. The agent shall be located in this state.
(b) The regulations and guidelines adopted pursuant to this
section shall also include provisions to provide public review and
comment on submitted oil spill contingency plans prior to approval.
(c) The regulations adopted pursuant to this section shall
specifically address the types of equipment that will be necessary,
the maximum time that will be allowed for deployment, the maximum
distance to cooperating response entities, the amounts of dispersant,
and the maximum time required for application, should the use of
dispersants be approved. Upon a determination by the administrator
that booming is appropriate at the site and necessary to provide best
achievable protection, the regulations shall require that vessels
engaged in lightering operations be boomed prior to the commencement
of operations.
(d) The administrator shall adopt regulations and guidelines for
oil spill contingency plans with regard to mobile transfer units,
small marine fueling facilities, and vessels carrying oil as
secondary cargo that acknowledge the reduced risk of damage from oil
spills from those units, facilities, and vessels while maintaining
the best achievable protection for the public health and safety and
the environment.
(e) The regulations adopted pursuant to subdivision (d) shall be
exempt from review by the Office of Administrative Law. Subsequent
amendments and changes to the regulations shall not be exempt from
Office of Administrative Law review.
SEC. 6. 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.
SEC. 7. Section 1.5 of this bill incorporates amendments to
Section 8589.7 of the Government Code proposed by both this bill and
AB 38. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 8589.7 of the Government Code, and (3) this bill is
enacted after AB 38, in which case Section 1 of this bill shall not
become operative.
SEC. 8. Section 5.5 of this bill incorporates amendments to
Section 8670.28 of the Government Code proposed by both this bill and
AB 2547. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2009, (2) each
bill amends Section 8670.28 of the Government Code, and (3) this bill
is enacted after AB 2547, in which case Section 5 of this bill shall
not become operative.