Bill Text: CA AB936 | 2019-2020 | Regular Session | Amended
Bill Title: Oil spills: response and contingency planning.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-10-12 - Chaptered by Secretary of State - Chapter 770, Statutes of 2019. [AB936 Detail]
Download: California-2019-AB936-Amended.html
Amended
IN
Senate
June 14, 2019 |
Amended
IN
Assembly
May 16, 2019 |
Amended
IN
Assembly
May 06, 2019 |
Amended
IN
Assembly
April 11, 2019 |
Amended
IN
Assembly
April 01, 2019 |
Assembly Bill | No. 936 |
Introduced by Assembly Member Robert Rivas |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Under existing law, a person who knowingly violates specified provisions of the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act is guilty of a misdemeanor.
Commencing January 1, 2021, the bill would require the owner or operator of a site that receives oil from a railroad car or tank vessel to each week provide advance notice to the administrator, using an online notification system to be developed, of those shipments, as specified. The bill would require the owner or operator of a pipeline that transports oil
to, twice per year, as specified, report to the administrator certain information about the oil transported by the pipeline in or through the state.
Because a knowing violation of these provisions by a person would be a crime, the bill would impose a state-mandated local program.
(3)
(4)
(5)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 8574.8 of the Government Code is amended to read:8574.8.
(a) The administrator shall submit to the Governor and the Legislature an amended California oil spill contingency plan required, pursuant to Section 8574.7, by January 1, 1993. The administrator shall thereafter submit revised plans every three years, until the amended plan required pursuant to subdivision (b) is submitted.SEC. 3.
Section 8670.3 of the Government Code is amended to read:8670.3.
Unless the context requires otherwise, the following definitions shall govern the construction of this chapter:SEC. 4.
Section 8670.8.4 is added to the Government Code, to read:8670.8.4.
Contingent upon an appropriation by the Legislature for purposes of this section in the annual Budget Act or another enacted statute, the administrator shall conduct testing of new products for use in nonfloating oil spill cleanup, and to provide grants or conduct technology competitions to facilitate the development of those products.SEC. 5.
Section 8670.12.1 is added to the Government Code, to read:8670.12.1.
(a) On or before January 1, 2022, the administrator shall hold a technology workshop devoted solely to the topic of technology for addressing nonfloating oil spills, and shall conduct and publish a review of scientific and technical literature concerning that technology. The administrator shall make a set of findings following the technology workshop and the review of scientific and technical literature defining the elements of state-of-the-art response capability to nonfloating oil(a)(1)On or before January 1, 2021, the administrator shall, in coordination with the State Energy Resources Conservation and Development Commission, establish an online advanced notification system to be used by owners and operators of sites and pipelines that receive or transport oil.
(2)The online advanced notification system shall include an interface for emergency response agencies to access the information reported pursuant to subdivisions (b) and (c).
(b)(1)Commencing January 1, 2021, the owner or operator of a site that will receive oil from a railroad car or tank vessel shall provide advance notice, using the online advanced notification system established pursuant to subdivision (a), to the administrator of all scheduled oil deliveries to be received by the site, as provided in this section. Notification may be made by the site owner, operator, or their designee. The advance notice shall include all of the following information:
(A)Name, address, contact person, and telephone number of the site.
(B)The route taken to the site within the state.
(C)The scheduled time, location, and volume in barrels of the delivery.
(D)The region of origin of the oil as stated, or as expected to be stated, on
the bill of lading.
(E)Gravity as measured by standards developed by the American Petroleum Institute, or, if unavailable at the time of delivery, expected gravity of oil scheduled to be delivered.
(F)The volume of diluent mixed with the oil, if any.
(G)The trade name of the oil.
(2)Each week, the owner
or operator of a site that provides advance notice under this section shall provide the required information regarding the scheduled arrival of railroad cars and tank vessels carrying oil to be received by the site in the succeeding seven-day period. The owner or operator of a site is not required to provide
advance notice when there is no receipt of oil from a railroad car or tank vessel scheduled for a succeeding seven-day period.
(3)The owner or operator of a site providing advance notice under this subdivision is not responsible for meeting advance notice timeframe requirements in the event that the schedule of arrivals
of railroad cars and tank vessels carrying oil changes during a seven-day period.
(c)(1)Commencing January 1, 2021, twice per year, as specified in paragraph (2), the owner or operator of a pipeline that transports oil in or through the state shall report, using the online advanced notification system established pursuant to subdivision (a), to the administrator the following information about the oil transported by the pipeline in or through the state:
(A)The company name, address, contact person, and telephone number of the pipeline.
(B)The volume of oil by each listed state or province of origin of the oil.
(C)The percentage of the oil that is nonfloating.
(D)The percentage of oil that is mixed with diluent.
(2)The report required by paragraph (1) shall be submitted each year by July 31 for the period January 1 through June 30 of the current year and by January 31 for the period July 1 through December 31 of the prior year.
(d)The administrator may share information provided by the owner or operator of a site or pipeline pursuant to this section with the Office of Emergency Services and any county, city, tribal, port, or local government emergency response agency upon request.
(e)
For purposes of this section, “site” means a structure, a group of structures, equipment, or a device, other than a vessel, that is used or capable of being used to transfer oil in bulk to or from a tank vessel, railcar, or pipeline, and that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.