Bill Text: CA SB414 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 414	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 19, 2015
	AMENDED IN ASSEMBLY  AUGUST 17, 2015
	AMENDED IN ASSEMBLY  JULY 2, 2015
	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 8670.12, 8670.13, 8670.28, and 8670.67.5
of, and to add Sections  8670.11, 8670.12.1,  
8670.11  and 8670.13.3 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.
   This bill would require the administrator, in cooperation with the
United States Coast Guard, to  conduct an independent vessel
traffic assessment for all deepwater ports that may inform an area
rescue towing plan for the approaches to the ports and  
the extent possible,  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 regulations and guidelines requiring operators
to allow  immediate   rapid  response to
an oil spill by  contracted fishing vessels and fishing crews
and providing for   vessels of opportunity and provide
for the means for them to participate in   regularly
scheduled  emergency  drills   drills,
equipment deployment exercises,  and training. The bill would
require the administrator, on or before July 1, 2016, to submit to
the Legislature a report  assessing   assessing,
among other things,  the best achievable technology 
for   of  equipment for oil spill prevention and
response,  including an independent vessel traffic risk 
 assessment for all deepwater ports that may inform an area
rescue towing plan for the approaches to the   ports, 
as provided, and to update regulations based on the report before
July 1, 2017.
   (2) The act requires the administrator to study the use and
effects of methods used to respond to oil spills and to periodically
update the study to ensure the best achievable protection from the
use of those methods.
   This bill would require the administrator to update the California
Dispersant Plan by January 1, 2017, and, in conducting the study and
updates, to consult current peer-reviewed published scientific
literature.
   (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.  
   The Marine Life Protection Act requires the Department of Fish and
Wildlife to adopt a master plan to guide the adoption and
implementation of the Marine Life Protection Program to protect the
state's marine life, habitat, and ecosystem, and decisions on siting
new Marine Protected Areas and major modifications of existing Marine
Protected Areas. 
   This bill would  prohibit the use of chemical oil spill
cleanup agents within the boundaries of California marine protected
areas.   require the administrator, if dispersants are
used in response to an oil spill, to submit to the Legislature a
written justification for the use of dispersants and a report on the
effectiveness of the dispersants used, as provided. 
   (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,   gallons  is only applicable to the
amount of oil recovered and properly disposed of within 2 weeks of
the start of the spill.
   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 8670.11 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,  to the extent
possible,  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. 2.  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, consulting current peer-reviewed
published scientific literature, study the use and effects of
dispersants, incineration, bioremediation, and any other methods used
to respond to a spill and, by January 1, 2017, update the California
Dispersant Plan. The study and plan shall periodically be updated by
the administrator, consulting current peer-reviewed published
scientific literature, 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,
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, 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  consideration of  any studies performed by
federal, state, and international entities. The administrator may
enter into contracts for the studies. 
  SEC. 3.    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 all deepwater ports that may inform an area rescue
towing plan for the approaches to the ports. 
   SEC. 4.   SEC. 3.   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, 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 achievable technology of equipment for oil spill prevention and
response, including, but not limited to, prevention and response
tugs, tractor tugs, salvage and marine firefighting tugs, oil spill
skimmers and barges, and protective in-water boom equipment. The
assessment shall include all of the following:
   (A) Evaluation of  equipment based on its estimated system
recovery potential.   estimated recovery system
potential as a methodology for rating equipment in comparison to
effective daily recovery capacity. 
   (B)  Updating   If necessary, updating 
the methodology for rating equipment, such as oil containment,
skimming, storage and oil and water separation technologies, and an
explanation of why the  new   chosen 
methodology provides the best achievable protection.
   (C) Evaluation of the most current oil spill and response
equipment for  increase   increased 
capability, including, but not limited to, new generation,
high-efficiency disc skimmers, including high-efficiency skimming
NOFI Current Busters, or their equivalent, and Elastec grooved disc
skimmers, or their equivalent.
   (D) Consideration of whether 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 would lead to increased
capability to provide best achievable protection. 
   (E) An independent vessel traffic risk assessment for all
deepwater ports that may inform an area rescue towing plan for the
approaches to the ports.
   (2) In conducting the assessment, the administrator shall consult
the most recent peer-reviewed research on oil spill prevention and
response, including, but not limited to, research performed by the
Prince William Sound Regional Citizens' Advisory Council 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) (1) Based on the report prepared pursuant to subdivision (b),
the administrator shall update regulations governing the adequacy of
oil spill contingency plans for best achievable technologies for oil
spill prevention and response no later than July 1, 2017.
   (2) The updated regulations shall enhance the capabilities for
prevention, response, containment, cleanup, and wildlife
rehabilitation.
   SEC. 5.   SEC. 4.   Section 8670.13.3 is
added to the Government Code, to read: 
   8670.13.3.  Notwithstanding any law, chemical oil spill cleanup
agents shall not be used in response to an oil spill within the
boundaries of any California marine protected area established
pursuant to the Marine Life Protection Act (Chapter 10.5 (commencing
with Section 2850) of Division 3 of the Fish and Game Code).

    8670.13.3.    If dispersants are used in response to
an oil spill, the administrator shall provide written justification
for their use to the Legislature within three days of the use. Within
two months of the use of dispersants, the administrator shall also
provide a report to the Legislature on the effectiveness of the
dispersants used, including, but not limited to, negative
environmental impacts caused by those dispersants. The written
justification and report shall be submitted pursuant to Section 9795.

   SEC. 6.   SEC. 5.   Section 8670.28 of
the Government Code is amended to read:
   8670.28.  (a) The administrator, taking into consideration the
facility or vessel contingency plan requirements of the State Lands
Commission, the Office of the State Fire Marshal, the California
Coastal Commission, and other state and federal agencies, 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 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 waters and natural resources of the state.
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 state waters are at all times protected by
prevention, response, containment, and cleanup equipment and
operations.
   (2) Standards set for response, containment, and cleanup equipment
and operations are maintained and regularly improved to protect the
resources of the state.
   (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 area 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 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.
   (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 facility, as determined by the administrator, 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.
   (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.
However, for a nontank vessel, the reasonable worst case is a spill
of the total volume of the largest fuel tank on the nontank vessel.
   (11) 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.
   (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
review by the Office of Administrative Law.
   (f) (1) The administrator shall develop and implement regulations
and guidelines requiring operators to allow immediate
  rapid  response to an oil spill by  vessels
of opportunity, including, but not limited to,  contracted
fishing vessels and fishing  crews   crews,
 and  providing for   provide the means for
them to participate in  regularly scheduled emergency 
drills   drills, equipment deployment exercises, 
and training in areas that include all of 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 regulations, the administrator shall
consider  all vessel of opportunity programs, including, but not
limited to,  the fishing vessel training program funded and
maintained by Alyeska's Ship Escort/Response Vessel System, with
regard to training, liability, insurance, compensation, and post
response vessel cleanup.
   SEC. 7.   SEC. 6.   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.