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
September 06, 2019 |
Amended
IN
Senate
June 26, 2019 |
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 |
Introduced by Assembly Member Robert Rivas (Coauthors: Assembly Members Chiu and Limón) |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
(4)
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: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.SEC. 4.
Section 8670.12.1 is added to the Government Code, to read:8670.12.1.
(b)On or before January 1, 2024, and biennially thereafter, the administrator shall adopt and revise regulatory requirements pertaining to nonfloating oil, including the criteria developed pursuant to paragraph (2) of subdivision (b) of Section 8670.30, to incorporate the findings completed pursuant to subdivision (a).
SEC. 6.SEC. 5.
Section 8670.29 of the Government Code is amended to read:8670.29.
(a) In accordance with the rules, regulations, and policies established by the administrator pursuant to Section 8670.28, an owner or operator of a facility, small marine fueling facility, or mobile transfer unit, or an owner or operator of a tank vessel, nontank vessel, or vessel carrying oil as secondary cargo, while operating in the waters of the state or where a spill could impact waters of the state, shall have an oil spill contingency plan that has been submitted to, and approved by, the administrator pursuant to Section 8670.31. An oil spill contingency plan shall ensure the undertaking of prompt and adequate response and removal action in case of a spill, shall be consistent with the California oil spill contingency plan, and shall not conflict with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP).SEC. 7.SEC. 6.
Section 8670.30 of the Government Code is amended to read:8670.30.
(a) An oil spill response organization may apply to the administrator for a rating of that OSRO’s response capabilities. The administrator shall establish rating levels for classifying OSROs pursuant to subdivision (b).(E)The type of oil, including nonfloating oil, the OSRO is capable of recovering and containing.
(B)In order to obtain an OSRO rating for nonfloating oil established pursuant to subparagraph (A), the OSRO shall demonstrate that it can provide its equipment on the scene of an oil spill within no more than 12 hours of spill notification.
(a)The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee.
(b)The administrator may offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.
(c)Each oil spill element established under this section shall include
provisions for training fire and police personnel in oil spill response and cleanup equipment use and operations.
(d)Each oil spill element prepared under this section shall be consistent with the local government’s local coastal program as certified under Section 30500 of the Public Resources Code, the California oil spill contingency plan, the National Contingency Plan, and the 2016 United States Coast Guard OSRO classification program, to the extent this program is consistent with the criteria developed pursuant to paragraph (2) of subdivision (b) of Section 8670.30.
(e)If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the agency that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency shall submit a new or modified element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications.
(f)The administrator shall review the preparedness of unified program agencies to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government preparedness should be improved, the administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund for the purposes of this section.