BILL NUMBER: AB 2031 CHAPTERED 09/29/08 CHAPTER 563 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2008 APPROVED BY GOVERNOR SEPTEMBER 29, 2008 PASSED THE SENATE AUGUST 22, 2008 PASSED THE ASSEMBLY AUGUST 28, 2008 AMENDED IN SENATE AUGUST 18, 2008 AMENDED IN SENATE AUGUST 12, 2008 AMENDED IN SENATE JULY 1, 2008 AMENDED IN SENATE JUNE 18, 2008 AMENDED IN ASSEMBLY MAY 23, 2008 INTRODUCED BY Assembly Member Hancock (Coauthors: Assembly Members Beall, Coto, DeSaulnier, Huffman, Leno, Lieber, Mullin, Ruskin, Silva, Swanson, Torrico, and Wolk) FEBRUARY 15, 2008 An act to amend Sections 8670.8 and 8670.25.5 of, and to add Section 8670.8.3 to, the Government Code, relating to oil spills. LEGISLATIVE COUNSEL'S DIGEST AB 2031, Hancock. Oil spill prevention and 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, and to represent the state in any coordinated response efforts with the federal government. The act also requires the administrator to implement the California oil spill contingency plan and carry out programs to provide training for individuals in response, containment, and cleanup operations and equipment, equipment deployment, and the planning and management of these programs. The bill would require the administrator, as part of the training and certification program, to authorize a local spill response manager to train and certify volunteers, and the local response managers would be required to participate in all drills upon the administrator's request. The bill would require, in the event of an oil spill, the local spill response manager to provide the state onscene coordinator with timely information on activities and resources deployed by local government in response to the oil spill, cooperate with the administrator, and respond in a manner consistent with the area contingency plan, to the extent possible. This bill would also require the administrator to offer grants to a local government with jurisdiction over or directly adjacent to marine waters to provide oil spill response equipment to be deployed by a local spill response manager. (2) Existing law requires, without regard to intent or negligence, a party responsible for the discharge or threatened discharge of oil in marine waters to report the discharge immediately to the Office of Emergency Services which then is required to notify the administrator, the State Lands Commission, the California Coastal Commission, and the California regional water quality control board having jurisdiction over the location of the discharged oil. Existing law requires each public agency receiving notice to adopt an internal protocol over communications regarding the discharge of oil and file the internal protocol with the Office of Emergency Services. This bill would require a party, responsible for the discharge or threat of a discharge of oil in marine waters whose initial report to the Office of Emergency Services was inaccurate, incomplete, or changed as to the quantity of oil discharged, to report the updated information to the Office of Emergency Services, as prescribed. This bill would also require the Office of Emergency Services to notify the appropriate local governmental agencies in the area surrounding the discharged oil. By requiring these local entities to adopt and file an internal protocol covering communications regarding the discharge of oil, the bill would create a state-mandated local program. (3) 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8670.8 of the Government Code is amended to read: 8670.8. (a) The administrator shall carry out programs to provide training for individuals in response, containment, and cleanup operations and equipment, equipment deployment, and the planning and management of these programs. These programs may include training for members of the California Conservation Corps, other response personnel employed by the state, personnel employed by other public entities, personnel from marine facilities, commercial fishermen and other mariners, and interested members of the public. Training may be offered for volunteers. (b) The administrator may offer training to anyone who is required to take part in response and cleanup efforts under the California oil spill contingency plan or under local government contingency plans prepared and approved under this chapter. (c) Upon request by a local government, the administrator shall provide a program for training and certification of a local emergency responder designated as a local spill response manager by a local government with jurisdiction over or directly adjacent to marine waters. (d) Trained and certified local spill response managers shall participate in all drills upon request of the administrator. (e) As part of the training and certification program, the administrator shall authorize a local spill response manager to train and certify volunteers. (f) In the event of an oil spill, local spill response managers trained and certified pursuant to subdivision (c) shall provide the state onscene coordinator with timely information on activities and resources deployed by local government in response to the oil spill. The local spill response manager shall cooperate with the administrator and respond in a manner consistent with the area contingency plan to the extent possible. (g) Funding for activities undertaken pursuant to subdivisions (a) to (c), inclusive, shall be from the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38. (h) All training provided by the administrator shall follow the requirements of applicable federal and state occupational safety and health standards adopted by the Occupational Safety and Health Administration of the Department of Labor and the California Occupational, Safety, and Health Standards Board. SEC. 2. Section 8670.8.3 is added to the Government Code, to read: 8670.8.3. The administrator shall offer grants to a local government with jurisdiction over or directly adjacent to marine waters to provide oil spill response equipment to be deployed by a local spill response manager certified pursuant to Section 8670.8. The administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38 for the purposes of this section. SEC. 3. Section 8670.25.5 of the Government Code is amended to read: 8670.25.5. (a) (1) Without regard to intent or negligence, any party responsible for the discharge or threatened discharge of oil in marine waters shall report the discharge immediately to the Office of Emergency Services pursuant to Section 25507 of the Health and Safety Code. (2) If the information initially reported pursuant to paragraph (1) was inaccurate or incomplete, or if the quantity of oil discharged has changed, any party responsible for the discharge or threatened discharge of oil in marine waters shall report the updated information immediately to the Office of Emergency Services pursuant to paragraph (1). The report shall contain the accurate or complete information, or the revised quantity of oil discharged. (b) Immediately upon receiving notification pursuant to subdivision (a), the Office of Emergency Services shall notify the administrator, the State Lands Commission, the California Coastal Commission, the California regional water quality control board having jurisdiction over the location of the discharged oil, and the appropriate local governmental agencies in the area surrounding the discharged oil, and take the actions required by subdivision (d) of Section 8589.7. If the spill has occurred within the jurisdiction of the San Francisco Bay Conservation and Development Commission, the Office of Emergency Services shall notify that commission. Each public agency specified in this subdivision shall adopt an internal protocol over communications regarding the discharge of oil and file the internal protocol with the Office of Emergency Services. (c) The 24-hour emergency telephone number of the Office of Emergency Services shall be posted at every terminal, at the area of control of every marine facility, and on the bridge of every tankship in marine waters. (d) This section does not apply to discharges, or potential discharges, of less than one barrel (42 gallons) of oil unless a more restrictive reporting standard is adopted in the California oil spill contingency plan prepared pursuant to Section 8574.1. (e) Except as otherwise provided in this section and Section 8589.7, a notification made pursuant to this section shall satisfy any immediate notification requirement contained in any permit issued by a permitting agency. SEC. 4. 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.