BILL NUMBER: SB 1739	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2008

INTRODUCED BY   Senator Simitian

                        FEBRUARY 22, 2008

   An act to amend  Section 8670.29   Sections
8670.29 and 8670.30  of the Government Code, relating to oil
spills.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1739, as amended, Simitian. Oil spill contingency plan.

   The 
    (1)    Lempert-Keene-Seastrand Oil Spill
Prevention and Response Act generally requires the administrator for
oil spill response, acting at the discretion of the Governor, to
implement activities relating to oil spill response, including drills
and preparedness, and oil spill containment and cleanup, and to
represent the state in any coordinated response efforts with the
federal government.
   The act requires every owner or operator of specified marine
facilities and owners or operators of certain vessels to prepare and
implement an oil spill continency plan containing specified
provisions that has been submitted to, and approved by, the
administrator. With respect to a marine facility, the act requires
the plan to include provisions for training and drills on elements of
the plan at least annually and provisions for subjecting all
elements of the plan to drills or tests, as specified by the
administrator, at least once every 3 years.
   This bill would revise the requirements of the plan, with respect
to a marine facility, to instead require the plan to include
provisions for training and drills on all elements of the plan at
least annually and provisions for subjecting all elements of the plan
to tests, as specified by the administrator, at least once every 3
years. 
   (2) The act authorizes an oil spill response organization (OSRO)
to apply to the administrator for a rating of that OSRO's response
capabilities. The administrator is authorized to require a rated OSRO
to demonstrate that the rated OSRO can deploy the response resources
required to meet the applicable provisions of an oil spill
contingency plan in which the OSRO is listed. The act requires each
rated OSRO to satisfactorily complete at least one unannounced drill
every 3 years after receiving its rating, allows for specified drill
substitutions.  
   This bill would instead require the administrator to require a
rated OSRO to demonstrate that the rated OSRO can deploy the response
resources required to meet the applicable provisions of an oil spill
contingency plan in which the OSRO is listed. The bill would also
require the administrator to require satisfactory completion of one
unannounced drill for each rated OSRO prior to being granted a
renewal or prior to reinstatement of a revoked or suspended rating.
The bill would limit certain drill substitutions to acts within the
previous 3 years. 
   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 8670.29 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,  every   an  owner or operator of
a marine facility, small marine fueling facility, or mobile transfer
unit, prior to operating in the marine waters of the state or where
an oil spill could impact marine waters; and  every 
 an  owner or operator of a tank vessel, nontank vessel, or
vessel carrying oil as secondary cargo, before operating in the
marine waters of the state, shall prepare and implement an oil spill
contingency plan that has been submitted to, and approved by, the
administrator pursuant to Section 8670.31.  Each 
 An  oil spill contingency plan shall ensure the undertaking
of prompt and adequate response and removal action in case of an oil
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).
   (b)  Each   An  oil spill contingency
plan shall, at a minimum, meet all of the following requirements:
   (1) Be a written document, reviewed for feasibility and
executability, and signed by the owner or operator, or their
designee.
   (2) Provide for the use of an incident command system to be used
during a spill.
   (3) Provide procedures for reporting oil spills to local, state,
and federal agencies, and include a list of contacts to call in the
event of a drill, threatened spill, or spill.
   (4) Describe the communication plans to be used during a spill.
   (5) Describe the strategies for the protection of environmentally
sensitive areas.
   (6) Identify at least one rated OSRO for each rating level
established pursuant to Section 8670.30. Each identified rated OSRO
shall be directly responsible by contract, agreement, or other
approved means to provide oil spill response activities pursuant to
the oil spill contingency plan. A rated OSRO may provide oil spill
response activities individually, or in combination with another
rated OSRO, for a particular owner or operator.
   (7) Identify a qualified individual.
   (8) Provide the name, address, and telephone and facsimile numbers
for an agent for service of process, located within the state and
designated to receive legal documents on behalf of the owner or
operator.
   (c) An oil spill contingency plan for a vessel shall also include,
but is not limited to, all of the following requirements:
   (1)  Each   The  plan shall be submitted
to the administrator at least seven days prior to the vessel
entering waters of the state.
   (2)  Each   The  plan shall provide
evidence of compliance with the International Safety Management Code,
established by the International Maritime Organization, as
applicable.
   (3) If the oil spill contingency plan is for a tank vessel, the
plan shall include both of the following:
   (A) The plan shall specify oil and petroleum cargo capacity.
   (B) The plan shall specify the types of oil and petroleum cargo
carried.
   (4) If the oil spill contingency plan is for a nontank vessel, the
plan shall include both of the following:
   (A) The plan shall specify the type and total amount of fuel
carried.
   (B) The plan shall specify the capacity of the largest fuel tank.
   (d) An oil spill contingency plan for a marine facility shall also
include, but is not limited to, all of the following provisions:
   (1) Provisions for site security and control.
   (2) Provisions for emergency medical treatment and first aid.
   (3) Provisions for safety training, as required by state and
federal safety laws for all personnel likely to be engaged in oil
spill response.
   (4) Provisions detailing site layout and locations of
environmentally sensitive areas requiring special protection.
   (5) Provisions for vessels that are in the operational control of
the facility for loading and unloading.
   (6) Provisions for training and drills on all elements of the plan
at least annually.
   (7) Provisions for subjecting all elements of the plan to tests,
as specified by the administrator, at least once every three years.
   (e) The oil spill contingency plan shall be available to response
personnel and to relevant state and federal agencies for inspection
and review.
   (f) The oil spill contingency plan shall be reviewed periodically
and updated as necessary. All updates shall be submitted to the
administrator pursuant to this article.
   (g) In addition to the regulations adopted pursuant to Section
8670.28, the administrator shall adopt regulations and guidelines to
implement this section. The regulations and guidelines shall provide
for the best achievable protection of coastal and marine resources.
The administrator may establish additional oil spill contingency plan
requirements, including, but not limited to, requirements based on
the different geographic regions of the state. All regulations and
guidelines shall be developed in consultation with the State
Interagency Oil Spill Committee and the Oil Spill Technical Advisory
Committee.
   SEC. 2.    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).
   (b) Upon receiving a completed application for rating, the
administrator shall review the application and rate the OSRO based on
the OSRO's satisfactory compliance with criteria established by the
administrator, which shall include, but is not limited to, all of the
following elements:
   (1) The geographic region or regions of the state where the OSRO
intends to operate.
   (2) Timeframes for having response resources on-scene and
deployed.
   (3) The type of equipment that the OSRO will use and the location
of the stored equipment.
   (4) The volume of oil that the OSRO is capable of recovering and
containing.
   (c) The administrator shall not issue a rating until the applicant
OSRO completes an unannounced drill. The administrator may call a
drill for every distinct geographic area in which the OSRO requests a
rating. The drill shall test the resources and response capabilities
of the OSRO, including, but not limited to, on water containment and
recovery, environmentally sensitive habitat protection, and storage.
If an OSRO fails to successfully complete a drill, the administrator
shall not issue the requested rating, but the administrator may rate
the OSRO at a rating lesser than the rating sought with the
application. If an OSRO is denied a requested rating, the OSRO may
reapply for rating.
   (d) A rating issued pursuant to this section shall be valid for
three years unless modified, suspended, or revoked. The administrator
shall review the rating of each rated OSRO at least once every three
years. The administrator shall not renew a rating unless the OSRO
meets criteria established by the administrator, including, at a
minimum, that the rated OSRO periodically tests and drills itself,
including testing protection of environmentally sensitive sites,
during the three-year period.
   (e) The administrator  may   shall 
require a rated OSRO to demonstrate that the rated OSRO can deploy
the response resources required to meet the applicable provisions of
an oil spill contingency plan in which the OSRO is listed. These
demonstrations may be achieved through inspections, announced and
unannounced drills, or by any other means.
   (f) (1) Except as provided in paragraph (6), each rated OSRO shall
satisfactorily complete at least one unannounced drill every three
years after receiving its rating.
   (2) The administrator may modify, suspend, or revoke an OSRO's
rating if a rated OSRO fails to satisfactorily complete a drill.
   (3) The administrator may require the satisfactory completion of
one unannounced drill of each rated OSRO prior to being granted a
modified rating,  or for   and shall require
satisfactory completion of one unannounced dr   ill for each
rated OSRO prior to being granted a  renewal  ,
 or prior to reinstatement of a revoked or suspended rating.

   (4) A drill for the protection of environmentally sensitive areas
shall conform as close as possible to the response that would occur
during a spill but sensitive sites shall not be damaged during the
drill.
   (5) The response resources to be deployed by a rated OSRO within
the first six hours of a spill or drill shall be dedicated response
resources or be owned and controlled by a rated OSRO that are
sufficient to meet the spill response planning requirements of the
OSRO's client owner or operator. This requirement does not preclude a
rated OSRO from bringing in additional response resources. The
administrator may, by regulation, permit a lesser requirement for
dedicated or OSRO owned and controlled response resources for
shoreline protection.
   (6) The administrator may determine that actual  satisfactory
 spill response performance  during the previous three years
 may be substituted in lieu of a drill.
   (7) The administrator shall issue a written report evaluating the
performance of the OSRO after every unannounced drill called by the
administrator.
   (8) The administrator shall determine whether an unannounced drill
called upon an OSRO by a federal agency  during the previous
three years  qualifies as an unannounced drill for the purposes
of this subdivision.
   (g) Each rated OSRO shall provide reasonable notice to the
administrator about each future drill, and the administrator, or his
or her designee, may attend the drill.
   (h) The costs incurred by an OSRO to comply with this section and
the regulations adopted pursuant to this section, including drills
called by the administrator, shall be the responsibility of the OSRO.
All local, state, and federal agency costs incurred in conjunction
with participation in a drill shall be borne by each respective
agency.
   (i) (1) A rating awarded pursuant to this section is personal and
applies only to the OSRO that receives that rating and the rating is
not transferable, assignable, or assumable. A rating does not
constitute a possessory interest in real or personal property.
   (2) If there is a change in ownership or control of the OSRO, the
rating of that OSRO is null and void and the OSRO shall file a new
application for a rating pursuant to this section.
   (3) For purposes of this subdivision, a "change in ownership or
control" includes, but is not limited to, a change in corporate
status, or a transfer of ownership that changes the majority control
of voting within the entity.
   (j) The administrator may charge a reasonable fee to process an
application for, or renewal of, a rating.
   (k) The administrator shall adopt regulations to implement this
section as appropriate. At a minimum, the regulations shall
appropriately address all of the following:
   (1) Criteria for successful completion of a drill.
   (2) The amount and type of response resources that are required to
be available to respond to a particular volume of spilled oil during
specific timeframes within a particular region.
   (3) Regional requirements.
   (4) Training.
   (5) The process for applying for a rating, and for suspension,
revocation, appeal, or other modification of a rating.
   (6) Ownership and employment of response resources.
   (7) Conditions for canceling a drill due to hazardous or other
operational circumstances.
   () Any letter of approval issued from the administrator before
January 1, 2002, that rates an OSRO shall be deemed to meet the
requirements of this section for three years from the date of the
letter's issuance or until January 1, 2003, whichever date occurs
later.