BILL NUMBER: AB 2005	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 23, 2012

    An act to amend Section 8670.28 of the Government Code,
relating to oil spills.   An act to add Section 8670.5.1
to the Government Code, relating to oil spills. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2005, as amended, Garrick. Oil spills:  nontank vessels:
 contingency plans  and financial responsibility  .
   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.  Under the act, the administrator for
oil spill response is required to adopt and implement regulations and
guidelines governing the adequacy of oil spill contingency plans.
  The act requires a nontank vessel to submit to the
administrator specified documents and evidence of financial
responsibility.  
   This bill would specifically require an operator of a nontank
vessel that is not used for commercial purposes to have, and submit
to the administrator, evidence of financial responsibility before the
arrival of the vessel in the waters of the state and to submit other
required documents within 14 days after the arrival of the vessel.
 
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 8670.5.1 is added to the 
 Government Code  , to read:  
   8670.5.1.  Notwithstanding other provisions of this chapter or
other law, an operator of a nontank vessel that is not used for
commercial purposes shall have, and submit to the administrator,
evidence of financial responsibility required pursuant to Section
8670.37.58 prior to the arrival of the vessel in the waters of the
state, and shall submit other documents required by this chapter
within 14 days after the arrival of the vessel.  
  SECTION 1.    Section 8670.28 of the Government
Code is amended to read:
   8670.28.  (a) The administrator, taking into consideration the
marine facility or vessel contingency plan requirements of the
national and California contingency plans, the State Lands
Commission, the State Fire Marshal, and the California Coastal
Commission 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
coastal and marine resources. 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 the marine waters of the state are at all times
protected by prevention, response, containment, and cleanup equipment
and operations. For the purposes of this section, "marine waters"
includes the waterways used for waterborne commercial vessel traffic
to the Port of Stockton and the Port of Sacramento.
   (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 part of the coast 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 marine
facility or vessel. The protection measures shall include, but are
not 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 marine facility 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.
   (11) Each oil spill contingency plan includes a timetable for
implementing the plan.
   (12) 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 prior to approval.
   (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
Office of Administrative Law review.
   (f) This section shall become effective on January 1, 2012.