Bill Text: CA SB414 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Oil spill response.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 609, Statutes of 2015. [SB414 Detail]
Download: California-2015-SB414-Amended.html
Bill Title: Oil spill response.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 609, Statutes of 2015. [SB414 Detail]
Download: California-2015-SB414-Amended.html
BILL NUMBER: SB 414 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 19, 2015
AMENDED IN ASSEMBLY JUNE 3, 2015
AMENDED IN SENATE APRIL 14, 2015
INTRODUCED BY Senator Jackson
(Principal coauthor: Assembly Member Williams)
FEBRUARY 25, 2015
An act to amend Sections 8670.8.5, 8670.12, 8670.13, and 8670.67.5
of, and to add Sections 8670.11, 8670.12.1, 8670.13.3, 8670.31.5,
and 8670.43 to, the Government Code, relating to oil spill response.
LEGISLATIVE COUNSEL'S DIGEST
SB 414, as amended, Jackson. Oil spill 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. The act
authorizes the administrator to use volunteer workers in response,
containment, restoration, wildlife rehabilitation, and cleanup
efforts for oil spills in waters of the state. Existing law requires
the administrator to evaluate the feasibility of using commercial
fishermen and other mariners for oil spill containment and cleanup.
Existing law authorizes oil spill response organizations to
apply to the administrator for a rating for that organization's
response capabilities.
This bill would require the administrator, in cooperation with the
United States Coast Guard, to conduct an independent vessel traffic
assessment for the San Francisco Bay all
deepwater ports that may inform an area rescue towing plan for
the 3 approaches to the Golden Gate,
ports and to establish a schedule of drills and
exercises that are required under the federal Salvage and Marine
Firefighting regulations. The bill would require the administrator to
develop and implement a program regulations
for oil spill response organizations to allow immediate
response to an oil spill by contracted fishing vessels and
fishing crews. The bill would require the administrator,
by regulation, to require oil spill response organizations to have
specified oil spill response equipment. The bill would require
the administrator, on or before July 1, 2016, to submit to the
Legislature a report assessing the best available technology and
equipment based on the estimated system recovery potential
for oil spill prevention and response.
(2) The act requires operators of specified vessels and facilities
to submit to the administrator an oil spill contingency plan to
determine whether the plan meets applicable requirements. The act
requires an operator to resubmit the plan to the administrator every
5 years.
This bill would require the administrator to adopt, by regulation,
methodology to rate the oil spill prevention and response equipment
listed in the plan to maintain the best achievable protection
standards through the use of equipment that is the best available
technology. The bill would require the administrator,
every 5 years, to provide to the Legislature a report that justifies
the regulations and methodology.
(3) The act requires the administrator to license oil spill
cleanup agents for use in response to oil spills. The federal Coastal
Zone Management Act of 1972 (federal act) requires
federal agency activities to be carried out in a manner that is
consistent, to the maximum extent practicable, with an approved state
management plan. Existing federal law authorizes the California
Coastal Commission, the designated state agency, to conduct federal
consistency review to ensure federal agency activities are consistent
with the California Coastal Management Program.
This bill would prohibit the use of chemical oil spill
cleanup agents in the waters of the state unless 2 specified
conditions occur. The bill would require the California Coastal
Commission to conduct a federal consistency review for federal
policies authorizing the use of oil spill cleanup agents in the
coastal waters of the state.
(4) Existing law imposes an oil spill prevention and
administration fee in an amount determined by the administrator to be
sufficient to implement oil spill prevention activities. The fee is
deposited into the Oil Spill Prevention and Administration Fund in
the State Treasury and moneys in the fund are available, upon
appropriation by the Legislature, for, among other purposes, the
implementation, installation, and maintenance of emergency programs,
equipment, and facilities to respond to, contain, and clean up oil
spills, and to ensure that those operations will be carried out as
intended.
This bill would require the administrator, upon appropriation of
funds for that purpose, to purchase specified oil spill response
equipment, including specified equipment to be stationed on the Santa
Barbara coastline.
(5)
(4) The act makes a person who causes or permits a spill
or inland spill strictly liable for specified penalties for the
spill on a per-gallon-released basis. The act provides that the
amount of penalty is reduced by the amount of released oil that is
recovered and properly disposed of.
This bill would provide that the above reduction in the penalty
for spills, including inland spills, of greater than 500 gallons, is
only applicable to the amount of oil recovered and properly disposed
of within 2 weeks of the start of the spill.
(6) This bill would make legislative findings and declarations as
to the necessity of a special statute for the San Francisco Bay and
for the Santa Barbara coastline.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8670.8.5 of the Government Code is amended to
read:
8670.8.5. (a) The administrator may use volunteer workers in
response, containment, restoration, wildlife rehabilitation, and
cleanup efforts for oil spills in waters of the state. The volunteers
shall be deemed employees of the state for the purpose of workers'
compensation under Article 2 (commencing with Section 3350) of
Chapter 2 of Part 1 of Division 4 of the Labor Code. Any payments for
workers' compensation pursuant to this section shall be made from
the Oil Spill Response Trust Fund created pursuant to Section
8670.46.
(b) (1) The administrator shall develop and implement a
program regulations for oil spill response
organizations to allow immediate response to an oil spill by
contracted fishing vessels and fishing crews and that
shall provide for regularly scheduled emergency drills and training
in areas that include the following:
(A) Shoreline protection.
(B) Towing boom and skimmers.
(C) Working with minibarges.
(D) Loading and unloading equipment from response barges.
(2) In developing the program,
regulations, the administrator shall consider the fishing
vessel training program funded and maintained by Alyeska's Ship
Escort/Response Vessel System. System, with
regard to training, liability, insurance, compensation, and post
response vessel cleanup.
SEC. 2. Section 8670.11 is added to the Government Code, to read:
8670.11. In addition to Section 8670.10, the administrator, in
cooperation with the United States Coast Guard, shall establish a
schedule of drills and exercises required pursuant to Section
155.4052 of Title 33 of the Code of Federal Regulations. The
administrator shall make publicly available the established schedule.
SEC. 3. Section 8670.12 of the Government Code is amended to read:
8670.12. (a) The administrator shall conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in waters of the
state and 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.
(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 that provide the greatest
degree of protection achievable without imposing costs that
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 chemical, bioremediation, and biological
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 chemical,
bioremediation, and biological agents to ensure they are used
only in situations where the administrator determines they are
effective and safe.
(c) 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 8670.12.1 is added to the Government Code, to
read:
8670.12.1. The administrator, in cooperation with the United
States Coast Guard, shall conduct an independent vessel traffic risk
assessment for the San Francisco Bay that may inform an area
rescue towing plan for the three approaches to the Golden Gate.
all deepwater ports that may inform an area rescue
towing plan for the approaches to the ports.
SEC. 5. Section 8670.13 of the Government Code is amended to read:
8670.13. (a) The administrator shall periodically evaluate the
feasibility of requiring new technologies to aid prevention,
response, containment, cleanup cleanup,
and wildlife rehabilitation.
(b) (1) On or before July 1, 2016, the administrator shall submit
a report to the Legislature, pursuant to Section 9795, assessing the
best available technology and equipment based on the estimated
system recovery potential for oil spill prevention and
response, including, but not limited to, prevention and response
tugs, tractor tugs, salve and marine firefighting tugs, oil spill
skimmers and barges, and protective in-water boom equipment.
(2) In conducting the assessment, the administrator shall consult
the peer-reviewed research performed by the Prince William Sound
Regional Citizens' Advisory Council. Coun
cil as well as estimated system recovery potential
research done at Genwest Systems, Inc., and Spiltec.
(3) Pursuant to Section 10231.5, this subdivision is inoperative
on July 1, 2020.
(c) Based on the report prepared pursuant to subdivision (b), the
administrator shall establish standards for best achievable
technologies for oil spill prevention and response.
response no later than July 1, 2017.
SEC. 6. Section 8670.13.3 is added to the Government Code, to
read:
8670.13.3. (a) (1)
(A) Notwithstanding any law,
chemical oil spill cleanup agents shall not be used in response
to an oil spill within the waters of the state unless both
of the following occur: state.
(i) The administrator establishes, pursuant to Section 8670.13,
standards for best achievable technologies for oil spill prevention
and response.
(ii) The United States Environmental Protection Agency adopts
amendments to subpart J of the National Oil and Hazardous Substances
Pollution Contingency Plan (40 C.F.R. Sec. 300.900 et. seq.)
governing the use of oil spill cleanup agents, other chemical and
biological agents, and other oil spill mitigating substances in
responding to oil discharges into water, as set forth in Docket ID
No. EPA-HQ-OPA-2006-0090, and the administrator adopts regulations
consistent with those federal amendments.
(B) Upon the occurrence of clauses (i) and (ii), the administrator
shall notify the Secretary of State of those occurrences and shall
post on the Office of Oil Spill Prevention and Response's Internet
Web site a notice of those occurrences.
(2)
(b) For purposes of this section, "waters of the state"
means any surface water, including saline water, within the boundary
of the state.
(b) The California Coastal Commission, pursuant to Section 307 of
the federal Coastal Zone Management Act (16 U.S.C. Sec. 1456) and the
California Coastal Act (Division 20 (commencing with Section 30000)
of the Public Resources Code), shall conduct a federal consistency
review for federal policy authorizing the use of oil spill cleanup
agents in the coastal waters of California.
SEC. 7. Section 8670.31.5 is added to the Government Code, to
read:
8670.31.5. The (a)
For offshore oil spill response, the administrator shall, by
regulation, establish a methodology for rating equipment, such as oil
containment, skimming, storage, and oil/water separation
technologies, listed in an oil spill contingency plan to maintain the
best achievable protection standards through the use of equipment
that is the best available technology.
(b) The administrator shall provide a report to the Legislature
every five years that justifies the regulations adopted and
methodologies established pursuant to subdivision (a). The report to
the Legislature shall be delivered as provided in Section 9795 of the
Government Code.
SEC. 8. Section 8670.43 is added to the Government Code, to read:
8670.43. Pursuant to paragraph (4) of subdivision (e) of Section
8670.40, the administrator, upon appropriation of funds for
that purpose, shall do both of the following:
administrator shall require, by regulation, all oil spill response
organizations to have in their response fleets both of the following:
(a) Purchase at At least two
new-generation, high-efficiency disc skimmers to be
stationed on the Santa Barbara coastline. skimmers.
This equipment shall include high-efficiency skimming NOFI
current busters, Current Busters, or
their equivalent, and Elastec grooved disc skimmers, or their
equivalent.
(b) Purchase a A purpose-built,
prepositioned prevention and response tug with appropriate size,
bollard pull, horsepower, propulsion, seakeeping, and maneuverability
to meet Det Norske Veritas criteria for emergency towing.
SEC. 9. Section 8670.67.5 of the Government Code is amended to
read:
8670.67.5. (a) Regardless of intent or negligence, any person who
causes or permits a spill shall be strictly liable civilly in
accordance with subdivision (b) or (c).
(b) A penalty may be administratively imposed by the administrator
in accordance with Section 8670.68 in an amount not to exceed twenty
dollars ($20) per gallon for a spill. Except as provided in
subdivision (d), the amount of the penalty shall be reduced for every
gallon of released oil that is recovered and properly disposed of in
accordance with applicable law.
(c) Whenever the release of oil resulted from gross negligence or
reckless conduct, the administrator shall, in accordance with Section
8670.68, impose a penalty in an amount not to exceed sixty dollars
($60) per gallon for a spill. Except as provided in subdivision (d),
the amount of the penalty shall be reduced for every gallon of
released oil that is recovered and properly disposed of in accordance
with applicable law.
(d) (1) For a spill of greater than 500 gallons, the penalty
assessed pursuant to subdivision (b) or (c) shall only be reduced for
every gallon of released oil that is recovered and properly disposed
of in accordance with applicable law within two weeks of the start
of the spill.
(2) Notwithstanding Section 8670.69.7, any increase in the amount
of a penalty assessed for an inland spill resulting from the
operation of paragraph (1) shall be deposited in the Environmental
Enhancement Fund pursuant to Section 8670.70.
(e) The administrator shall adopt regulations governing the method
for determining the amount of oil that is cleaned up.
SEC. 10. In regard to provisions of this act
related to the San Francisco Bay or the Santa Barbara coastline, the
Legislature finds and declares that a special law is necessary and
that a general law cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution because of
the unique maritime conditions in the San Francisco Bay that affect
vessel traffic and the operation of offshore oil drilling platforms
near the Santa Barbara coastline.
