BILL NUMBER: AB 380	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2014
	AMENDED IN ASSEMBLY  MAY 24, 2013

INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 14, 2013

   An act to amend Sections  21080.5, 21083.9, 21092,
21092.2, 21092.3, 21108, 21152, and 21161   8670.31 and
8670.35  of  the Government Code, and to add Article 5
(commencing with Section 25547) to Chapter 6.95 of Division 20 of
 the  Public Resources   Health and Safety
 Code, relating to  the California Environmental Quality
Act   oil spills  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 380, as amended, Dickinson.  California Environmental
Quality Act: notice requirements   Oil spills: 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. Existing law directs the Governor to
require the administrator to amend, not in conflict with the National
Contingency Plan, the California oil spill contingency plan to add a
marine oil spill contingency planning section containing specified
elements, including an environmentally and ecologically sensitive
areas element. Existing law also requires the administrator to adopt
and implement regulations governing the adequacy of oil spill
contingency plans to be prepared and implemented. Existing law
authorizes a local government with jurisdiction over or adjacent to
marine waters, as defined, to apply for a grant from the Oil Spill
Prevention and Administration Fund to complete, update, or revise an
oil spill contingency plan element.  
   This bill would require the administrator to post each oil spill
contingency plan it receives on its Internet Web site for public
review and would require the administrator to solicit public comment.
 
    This bill instead would require the administrator to offer grants
to a local government with jurisdiction over or directly adjacent to
surface waters within the boundaries of the state to complete,
update, or revise an oil spill contingency plan element and to train
personnel to administer and implement the oil spill contingency plan
element.  
   (2) Existing law requires the Office of Emergency Services to
implement regulations establishing minimum standards for business
plans and area plans relating to the handling and release or
threatened release of hazardous materials. Existing law requires the
establishment of a statewide environmental reporting system for these
plans.  
   This bill would require the operator of the railroad, as defined,
to report specified information to the office on a monthly basis when
a railroad transports rail cargo that includes oil or oil products,
as defined. The bill would require a railroad transporting oil and
oil products in this state to maintain a response management
communications center to be available 24 hours each day for the
purpose of communicating with the 911 emergency response centers of
primary local public safety agencies that respond to or are on the
scene of a railroad-involved hazardous spill or critical
railroad-involved incident. The bill would require every refinery
operating in the state that receives one or more deliveries of oil
and oil products that have been transported by railroad report
specified information to the office on a monthly basis. The bill
would require the office to provide a copy of each report it receives
pursuant to this act to each unified program agency, as defined,
when the office determines a unified program agency area of
responsibility may be impacted by oil and oil product cargo
transported by a railroad and to maintain those reports in a
specified manner.  
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
 
   CEQA authorizes the Secretary of the Natural Resources Agency to
certify a regulatory program that meets specified requirements. CEQA
provides that written documentation required by those certified
regulatory programs may be submitted in lieu of an EIR. CEQA requires
an administering agency to file with the secretary a notice of
decision made pursuant to the certified regulatory program, which is
required to be available for public inspection. CEQA requires a lead
agency to call a scoping meeting for specified projects and provide a
notice of the meeting to specified entities. CEQA requires the lead
agency or a project proponent to file a notice of approval or
determination with Office of Planning and Research if the lead agency
is a state agency or the county clerk if the lead agency is a local
agency. CEQA requires a public agency that has completed an EIR to
file with the Office of Planning and Research a notice of completion.
 
   CEQA requires a lead agency determining that an EIR is required
for a project to send a notice of that determination to specified
public agencies. CEQA requires a lead agency preparing an EIR, a
negative declaration, or making a specified determination regarding a
subsequent project to provide a public notice within a reasonable
time period before the certification of the EIR, or the adoption of a
negative declaration, or making the specified determination. CEQA
requires those notices to be posted in the office of the county clerk
in each county in which the project is located and requires the
notices to remain posted for 30 days. CEQA requires the county clerk
to post the notice within 24 hours of receipt.  
   This bill would additionally require the above-mentioned notices
to be filed with both the Office of Planning and Research and the
county clerk and be posted by the county clerk for public review. The
bill would require the county clerk to post the notices within one
business day, as defined, of receipt and stamp on the notice the date
on which the notices were actually posted. By expanding the services
provided by the lead agency and the county clerk, this bill would
impose a state-mandated local program. The bill would require the
county clerk to post the notices for at least 30 days. The bill would
require the Office of Planning and Research to post the notices on a
publicly available online database established and maintained by the
office. The bill would require the office to stamp the notices with
the date on which the notices were actually posted for online review
and would require the notices to be posted for at least 30 days. The
bill would specify that a time period or limitation period specified
by CEQA does not commence until the notices are actually posted for
public review by the county clerk and are available in the online
database, and if the notices are posted on different days, the time
period shall run from the date of the posting on the online database.
The bill would require the notice of determination to be filed
solely by the lead agency.  
   (2) CEQA authorizes, for a project that is determined by a state
agency to be exempted from the requirements of CEQA, a state agency
or a project proponent to file a notice of determination with the
Office of Planning and Research. CEQA authorizes, for a project that
is determined by a local agency to be exempted from the requirements
of CEQA, a local agency or a project proponent to file a notice of
determination with the county clerk of the county in which the
project is located.  
   This bill would authorize this notice of determination to be filed
with both the Office of Planning and Research and the county clerk.
By requiring a county clerk to receive and post that notice of
determination filed by a state agency, this bill would impose a
state-mandated local program. The bill would provide that the notice
of determination be filed by the lead agency only.  

   (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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 8670.31 of the  
Government Code   is amended to read: 
   8670.31.  (a) Each oil spill contingency plan required under this
article shall be submitted to the administrator  before a
tank vessel, nontank vessel, or vessel carrying oil as secondary
cargo operates in the marine waters of the state, or before a marine
facility, small marine fueling facility, or mobile transfer unit,
operates in the marine waters of the state or where an oil spill
therefrom could impact marine waters  .
   (b) The administrator shall review each submitted contingency plan
to determine whether it complies with the administrator's rules,
policies, and regulations adopted pursuant to Section 8670.28 and
8670.29. 
   (c) The administrator shall post each oil spill contingency plan
it receives on its Internet Web site for public review and shall
solicit public comment.  
   (c) 
    (d)  Each contingency plan submitted shall be approved
or disapproved within 180 days after receipt by the administrator.
The administrator may approve or disapprove portions of a plan. A
plan is not deemed approved until all portions are approved pursuant
to this section. The disapproved portion shall be subject to the
procedures contained in subdivision  (d)   (e)
 . 
   (d) 
    (e)  If the administrator finds the submitted
contingency plan is inadequate under the rules, policies, and
regulations of the administrator, the plan shall be returned to the
submitter with written reasons why the plan was found inadequate and,
if practicable, suggested modifications or alternatives, if
appropriate. The submitter shall submit a new or modified plan within
90 days after the earlier plan was returned, responding to the
findings and incorporating any suggested modifications. The
resubmittal shall be treated as a new submittal and processed
according to the provisions of this section, except that the
resubmitted plan shall be deemed approved unless the administrator
acts pursuant to subdivision  (c)   (d)  .
Failure to gain approval after the second submission may be
determined by the administrator to be a violation of this chapter.

   (e) 
    (f)  The administrator may make inspections and require
drills of any oil spill contingency plan that is submitted. 
   (f) 
    (g)  After the plan has been approved, it shall be
resubmitted every five years thereafter. The administrator may
require earlier or more frequent resubmission, if warranted.
Circumstances that would require an earlier resubmission include, but
are not limited to, changes in regulations, new oil spill response
technologies, deficiencies identified in the evaluation conducted
pursuant to Section 8670.19, or a need for a different oil spill
response because of increased need to protect endangered species
habitat. The administrator may deny approval of the resubmitted plan
if it is no longer considered adequate according to the adopted
rules, regulations, and policies of the administrator at the time of
resubmission. 
   (g) 
    (h)  (1) Each operator of a tank vessel, vessel carrying
oil as a secondary cargo, or marine facility who is required to file
an oil spill response plan or update pursuant to provisions of
federal law regulating marine oil spill response plans shall, for
informational purposes only, submit a copy of that plan or update to
the administrator at the time that it is approved by the relevant
federal agency.
   (2) A tank vessel, vessel carrying oil as a secondary cargo, or
marine facility operator is not required to submit a copy of the
response plan or update specified in paragraph (1) to the
administrator if either the vessel or facility is exempt from having
to file a response plan with the state, or if the content of the plan
submitted by the operator pursuant to Section 8670.29 is
substantially the same as the federal response plan or update.
   SEC. 2.    Section 8670.35 of the  
Government Code   is amended to read: 
   8670.35.  (a) The administrator, taking into consideration the
California oil spill contingency plan, shall promulgate regulations
regarding the adequacy of oil spill contingency plan elements of
business and hazardous materials area plans required pursuant to
Section 25503 of the Health and Safety Code. In developing the
 guidelines   regulations  , the
administrator shall consult with the Oil Spill Technical Advisory
Committee.
   (b)  Any   The   administrator shall
offer a  local government with jurisdiction over or directly
adjacent to  marine  surface  waters
 may apply for   within the boundaries of the
state  a grant to complete, update, or revise an oil spill
contingency plan element  and to train personnel to administer
and implement the oil spill contingency plan element  .
   (c) Each contingency plan element established under this section
shall include provisions for training fire and police personnel in
oil spill response and cleanup equipment use and operations.
   (d) Each contingency plan element prepared under this section
shall be consistent with the local government's local coastal program
as certified under Section 30500 of the Public Resources Code, the
California oil spill contingency plan, and the National Contingency
Plan.
   (e) The administrator shall review and approve each contingency
plan element established pursuant to this section. If, upon review,
the administrator determines that the contingency plan element is
inadequate, the administrator shall return it to the agency that
prepared it, specifying the nature and extent of the inadequacies,
and, if practicable, suggesting modifications. The local government
agency shall submit a new or modified plan within 90 days after the
plan was returned, responding to the findings and incorporating any
suggested modifications.
   (f) The administrator shall review the preparedness of local
governments to determine whether a program of grants for completing
oil spill contingency plan elements is desirable and should be
continued. If the administrator determines that local government
preparedness should be improved, the administrator shall request the
Legislature to appropriate funds from the Oil Spill Prevention and
Administration Fund for the purposes of this section.
   (g) This section shall become operative on January 1, 2012.
   SEC. 3.    Article 5 (commencing with Section 25547)
is added to Chapter 6.95 of Division 20 of the   Health and
Safety Code   , to read:  

      Article 5.  Oil Spills Prevention and Response for Railroads


   25547.  For purposes of this article, the following terms have the
following meanings:
   (a) "Office" means the Office of Emergency Services.
   (b) "Railroad" means a railway, rail facility, rail car, rolling
stock, or train.
   (c) "Refinery" has the same meaning as in Section 25128 of the
Public Resources Code.
   (d) "Oil" and "oil product" has the same meaning as in Section
8670.3 of the Government Code.
   25547.2.  When a railroad transports rail cargo that includes oil
or oil products, the operator of the railroad shall report to the
office on a monthly basis all of the following:
   (a) A map of track routes and rail facilities utilized by the
railroad to transport oil and oil product cargo from the point of
entry into the state to a point of final destination where the oil
and oil product cargo is offloaded.
   (b) The average weekly frequency of the trains transporting oil
and oil product cargo for each track route. The average weekly
frequency shall represent the frequency of the trains transporting
oil and oil product cargo for each track route identified in
subdivision (a) during the most recent four-week period prior to the
submission of each report.
   (c) The average number of railroad tank cars transporting oil and
oil product cargo per train consist for each track route. The average
number of railroad tank cars transporting oil and oil product cargo
per train consist for each track route identified in subdivision (a)
shall represent the number of rail tank cars per train consist for
each track route during the most recent four-week period prior to the
submission of each report.
   (d) The average number of tank cars transporting oil and oil
product cargo that were constructed pursuant to the applicable
railroad tank car standards per train consist of the United States
Department of Transportation. The average number of railroad tank
cars constructed pursuant to each applicable standard of the United
States Department of Transportation shall represent the most recent
four-week period prior to the submission of each report.
   (e) The average quantity of oil and oil product cargo per train
consist for each track route. The average quantity of oil and oil
product cargo for each track route shall represent the most recent
four-week period prior to the submission of each report.
   (f) The name, address, and contact information of each entity
taking delivery of the oil and oil product cargo transported by a
railroad during the most recent four-week period prior to the
submission of each report.
   (g) An oil spill contingency plan, prepared pursuant to Article 5
(commencing with Section 8670.28) of Chapter 7.4 of Division 1 of
Title 2 of the Government Code.
   25547.4.  (a) A railroad transporting oil and oil products in this
state shall maintain a response management communications center,
which shall be available 24 hours each day for the purpose of
communicating with the 911 emergency response centers of primary
local public safety agencies that respond to, or are on the scene of,
a railroad-involved hazardous spill or critical railroad-involved
incident.
   (b) When contacted by a primary local public safety agency through
a 911 response center, a response management communications center
shall provide real-time information about the train consist involved
in a hazardous spill or critical incident, including, but not limited
to, hazardous material movement shipping papers, including a way
bill or total trace and materials safety data sheet, detailing the
oil and oil product cargo and any information that can assist the
primary local public safety agency in containing and safely removing
an oil or oil product spill.
   25547.6.  Every refinery operating in the state that receives one
or more deliveries of oil and oil products that has been transported
by a railroad shall report to the office on a monthly basis all of
the following:
   (a) The name of the railroad that transported the oil and oil
product cargo to the refinery.
   (b) The average weekly amount of oil and oil product cargo
transported to the refinery by each railroad identified in
subdivision (a). The average weekly amount of oil and oil product
cargo transported to the refinery shall represent the most recent
four-week period prior to the submission of each report.
   (c) The characteristics and classifications of the oil and oil
product cargo transported to the refinery by railroad for the most
recent four-week period prior to the submission of each report. The
characteristics of oil and oil products for the report required
pursuant to this section shall include, but shall not be limited to,
the flash point as a combustible liquid, gas content, corrosivity,
toxicity, and flammability.
   25547.8.  (a) The office shall provide a copy of each report it
receives pursuant to this article to each unified program agency, as
defined in Section 25501, when the office determines a unified
program agency area of responsibility may be impacted by oil and oil
product cargo transported by a railroad.
   (b) The office and each unified program agency that receives a
report pursuant to this section shall maintain those reports as
confidential information and shall use the information contained in
those reports only for the purpose of preparing an oil spill
contingency plan, prepared pursuant to Article 5 (commencing with
Section 8670.28) of Chapter 7.4 of Division 1 of Title 2 of the
Government Code, and to coordinate emergency spill responses with
other emergency services in its area of responsibility.  All
matter omitted in this version of the bill appears in the bill as
amended in the Assembly May 24, 2013. (JR11)