BILL NUMBER: AB 2935	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman
   (Coauthors: Assembly Members DeSaulnier, Hancock, Leno, Mullin,
Ruskin, and Wolk)

                        FEBRUARY 22, 2008

   An act to amend Section 8670.13 of, and to add Sections 8670.8.3,
8670.15, and 8670.25.7 to, the Government Code, relating to oil
spills.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2935, as introduced, Huffman. Oil spill prevention and
response.
   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, and to represent the state in any
coordinated response efforts with the federal government. Existing
law provides that the administrator may use volunteer workers in
response, containment, restoration, wildlife rehabilitation, and
cleanup efforts for oil spills, and may offer training to these
volunteers.
   This bill would require the administrator to develop a hazardous
materials training program, no more than 4 hours in length, for those
volunteers. The bill would require the administrator to solicit the
cooperation, and maintain a list, of local agencies responsible for
emergency response and management of public lands that may be
impacted by oil spills. These local agencies would be required to
have available at least one trainer capable of presenting the
hazardous materials training program to the volunteers and facilities
for the training. The administrator would be required to update each
oil spill contingency plan to provide for this training.
    Existing law requires the administrator to periodically evaluate
the feasibility of requiring new technologies to aid prevention,
response, containment, cleanup, and wildlife rehabilitation. The act
defines "best achievable protection" as the highest level of
protection that can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operation methods that provide the greatest degree of protection
achievable.
   This bill would require the administrator, on or before January 1,
2010, to develop, implement, and report to the Legislature on a
process for annually reviewing the practices and technologies he or
she requires to meet best achievable protection, as defined.
   Existing law authorizes an oil spill response organization (OSRO)
to apply to the administrator for a rating of its response
capabilities. Upon receiving a completed application for a rating,
the administrator shall review the application and rate the OSRO
based on the OSRO's satisfactory compliance with criteria established
by the administrator.
   This bill would require the administrator to establish a database
available on the Internet Web site of the Office of Spill Prevention
and Response containing each OSRO's information on the location of
prepositioned equipment and personnel available to respond to an oil
spill. The bill would require the administrator to update this
information annually.
   Existing law requires the Office of Emergency Services,
immediately upon receiving notification of the discharge or
threatened discharge of oil in marine waters, to notify the
administrator and specified state and regional agencies of the spill.

   This bill would require a regional office of the Office of
Emergency Services to coordinate actions by local and regional
agencies in response to an oil spill. The bill would also require
each contingency plan of a local or regional agency to give the
location of available response equipment and the availability of
trained personnel to deploy the equipment, thereby creating a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8670.8.3 is added to the Government Code, to
read:
   8670.8.3.  (a) The administrator shall develop a hazardous
materials training program, no more than four hours in length, for
volunteers engaged in response, containment, restoration, wildlife
rehabilitation, and cleanup for oil spills.
   (b) The administrator shall solicit the cooperation and maintain a
list of local agencies responsible for emergency response and
management of public lands that may be impacted by oil spills. The
administrator shall require the local agencies to have available at
least one trainer capable of presenting the hazardous materials
training program to the volunteers and facilities for the training.
   (c) The administrator shall update each oil spill contingency plan
to provide for this training.
  SEC. 2.  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) On or before January 1, 2010, the administrator shall develop,
implement, and report to the Legislature on a process for annually
reviewing the practices and technologies he or she requires to meet
best achievable protection, as defined in subdivision (b) of Section
8670.3. 
  SEC. 3.  Section 8670.15 is added to the Government Code, to read:
   8670.15.  The administrator shall establish a database available
on the Internet Web site of the Office of Spill Prevention and
Response containing each OSRO's information on the location of
prepositioned equipment and personnel available to respond to an oil
spill. The administrator shall update this information annually.
  SEC. 4.  Section 8670.25.7 is added to the Government Code, to
read:
   8670.25.7.  (a) The Legislature finds and declares all of the
following:
   (1) Existing modeling resources should be used to determine a
cross section of sites that are both critically important to the
environment and at a very high risk of oiling.
   (2) Additional prioritization of ecologically sensitive sites is
prudent and will help achieve a sound strategy to protect vital
ecological areas of the bays of the state and along the coast.
   (3) Countywide local plans should be revised to ensure that local
communities are prepared to augment initial actions by the Unified
Command, should critical resources not be immediately available.
   (b) A regional office of the Office of Emergency Services shall
coordinate actions by local and regional agencies in response to an
oil spill.
   (c) Each contingency plan of a local or regional agency shall give
the location of available response equipment and the availability of
trained personnel to deploy the equipment.
  SEC. 5.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.