Bill Text: CA SB414 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 414 CHAPTERED
BILL TEXT
CHAPTER 609
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 11, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN ASSEMBLY SEPTEMBER 4, 2015
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, 8670.13.3, and 8670.55.1 to, the
Government Code, relating to oil spill response.
LEGISLATIVE COUNSEL'S DIGEST
SB 414, 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 establish a schedule of drills and
exercises that are required under the federal Salvage and Marine
Firefighting regulations. The bill would require the administrator,
on or before January 1, 2017, to submit to the Legislature a report
assessing the best achievable technology of equipment for oil spill
prevention, preparedness, and response and to update regulations
governing the adequacy of oil spill contingency plans before July 1,
2018. The bill would require the administrator to direct the Harbor
Safety Committees for various regions to assess, among other things,
the presence and capability of tugs within their respective regions
of responsibility to provide emergency towing of tank and nontank
vessels to arrest their drift or guide emergency transit.
(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, in conducting the study
and updates, to consult current peer-reviewed published scientific
literature. The bill would require the administrator, by May 1, 2016,
to request that the federal California Dispersant Plan be updated,
as provided, and to provide support and assistance in that regard.
(3) The act requires the administrator to license oil spill
cleanup agents for use in response to oil spills.
This bill would require the administrator, if dispersants are used
in response to an oil spill, to submit to the Legislature a written
notification of, and a written justification for, the use of
dispersants and a report on the effectiveness of the dispersants
used, as provided.
(4) Existing law establishes the Oil Spill Technical Advisory
Committee and requires the committee to provide recommendations to,
among other entities, the administrator on the implementation of the
act.
This bill would require the committee to convene a taskforce to
evaluate the feasibility of using vessels of opportunity for oil
spill response. The bill would require the taskforce to provide
recommendations to the administrator and the Legislature on whether
vessels of opportunity should be included in oil spill response
planning.
(5) 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 eliminate that reduction in the penalty by the
amount of oil recovered and properly disposed of.
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, 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 May 1, 2016, request that the federal
California Dispersant Plan be updated pursuant to subdivision (d).
The study 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 with consideration of current
peer-reviewed published scientific literature and any studies
performed by federal, state, and international entities. The
administrator may enter into contracts for the studies.
(d) The administrator shall support the federal Regional Response
Team, as described in Section 300.115 of Title 40 of the Code of
Federal Regulations, in the development, and shall request regular
updates, of plans and procedures for use of dispersants and other
chemical agents in California. The administrator's assistance may
include, but is not limited to, providing the federal Regional
Response Team with current peer-reviewed published scientific
literature, and risk and consequence analysis.
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 January 1, 2017, the administrator shall
submit a report to the Legislature, pursuant to Section 9795,
assessing the best achievable technology of equipment for oil spill
prevention, preparedness, and response.
(2) The report shall evaluate studies of estimated recovery system
potential as a methodology for rating equipment in comparison to
effective daily recovery capacity.
(3) Pursuant to Section 10231.5, this subdivision is inoperative
on July 1, 2020.
(c) (1) Including, but not limited to, 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, 2018.
(2) The updated regulations shall enhance the capabilities for
prevention, response, containment, cleanup, and wildlife
rehabilitation.
(d) (1) The administrator shall direct the Harbor Safety
Committees, established pursuant to Section 8670.23, to assess the
presence and capability of tugs within their respective geographic
areas of responsibility to provide emergency towing of tank vessels
and nontank vessels to arrest their drift or otherwise guide
emergency transit.
(2) The assessments for harbors in the San Francisco Bay area and
in Los Angeles-Long Beach area shall be initiated by May 1, 2016. The
assessments for the other harbors shall be initiated by January 1,
2020.
(3) The assessment shall consider, but not be limited to, data
from available United States Coast Guard Vessel Traffic Systems,
relevant incident and accident data, any relevant simulation models,
and identification of any transit areas where risks are higher.
(4) The assessment shall consider the condition of tank and
nontank vessels calling on harbors, including the United States Coast
Guard's marine inspection program and port state control program
regarding risks due to a vessel's hull or engineering material
deficiencies, or inadequate crew training and professionalism.
SEC. 4. Section 8670.13.3 is added to the Government Code, to
read:
8670.13.3. If dispersants are used in response to an oil spill in
state waters, the administrator shall provide written notification
of their use to the Legislature within three days of the use. The
administrator shall provide the Legislature with written
justification of their use, including copies of key supporting
documentation used by the federal on-scene coordinator and the
federal Regional Response Team as soon as those material are
released. Within two months of the use of dispersants in state
waters, the administrator shall also provide a report to the
Legislature on the effectiveness of the dispersants used, including,
but not limited to, results of any available monitoring data to
determine whether the dispersant use resulted in overall
environmental benefit or harm. The written notification,
justification, and report shall be submitted pursuant to Section
9795.
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.
SEC. 6. Section 8670.55.1 is added to the Government Code, to
read:
8670.55.1. (a) The committee shall convene a taskforce, including
appropriate state and federal governmental representatives,
nongovernmental organizations, oil spill response organizations, and
commercial fishing and other potential vessels of opportunity, to
evaluate and make recommendations regarding the feasibility of using
vessels of opportunity for oil spill response in marine waters. The
evaluation shall examine the following:
(1) Appropriate functions of vessels of opportunity during an oil
spill.
(2) Appropriate management of a vessels of opportunity spill
response program.
(3) Vessels of opportunity equipment, training, and technology
needs.
(4) Liability and insurance.
(5) Compensation.
(b) As part of the evaluation, the taskforce shall hold two public
meetings, one in southern California and one in northern California,
prior to making final recommendations.
(c) (1) On or before January 1, 2017, the committee shall provide
to the administrator and to the Legislature final recommendations on
whether vessels of opportunity should be included in oil spill
response planning.
(2) The recommendations provided to the Legislature shall be
provided pursuant to Section 9795.
(d) If appropriate, the administrator, by January 1, 2018, shall
update regulations to provide for inclusion of vessels of opportunity
in the oil spill prevention, response, and preparedness program.
SEC. 7. 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.
(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.
