Amended in Senate August 21, 2014

Amended in Senate August 14, 2014

Amended in Senate August 4, 2014

Amended in Senate June 16, 2014

Amended in Senate June 9, 2014

Amended in Senate May 28, 2014

Amended in Senate May 6, 2014

Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 380


Introduced by Assembly Member Dickinson

(Coauthor: Assembly Member Gatto)

(Coauthors: Senators Gaines and Hill)

February 14, 2013


An act to add Article 5 (commencing with Section 25547) to Chapter 6.95 of Division 20 of the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

AB 380, as amended, Dickinson. Spill response for railroads.

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 a rail carrier, as defined, to report specified information regarding the transportation of hazardous materials, beginning no later than January 31, 2015, to the office on a quarterly basis. The bill would require a rail carrier to prospectively estimate and submit to the office notification of the weekly movements of trains through a county, as specified. The bill would require a rail carrier to update that notification once every 6 months. The bill also would require a rail carrier to update and notify the office within 30 days of the rail carrier determining that there will be a material change in the estimated volume of Bakken oil, as defined, plus or minus 25% per week relative to the most recent estimate previously submitted to the office. The bill would require each rail carrier to maintain a response management communications center, as specified. The bill would require the office to disseminate information necessary for developing emergency response plans from the reports 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 a hazardous material or oil cargo spill. The bill would require each rail carrier to provide the office with a summary of the rail carrier’s hazardous materials emergency response plan, as specified. The bill would require the office to provide a copy of each summary report of a rail carrier’s hazardous materials emergency response plan to each unified program agency when the office determines a unified program agency area of responsibility may be impacted by a rail carrier spill of hazardous material or oil cargo, as specified. The bill would prohibit a recipient of the reports and hazardous materials emergency response plan from divulging or making known that information to unauthorized recipients, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Article 5 (commencing with Section 25547) is
2added to Chapter 6.95 of Division 20 of the Health and Safety
3Code
, to read:

 

P3    1Article 5.  Spill Prevention and Response for Railroads
2

 

3

25547.  

For purposes of this article, the following terms have
4the following meanings:

5(a) “Bakken oil” means petroleum crude oil, Class 3, sourced
6from the Bakken shale formation in the Williston Basin.

7(b) “Hazardous material” means a substance or material that
8the United States Secretary of Transportation has determined to
9be capable of posing an unreasonable risk to the health, safety,
10and property of residents when transported in commerce and has
11been designated as hazardous pursuant to Section 5103 of Title 49
12of the United States Code. Hazardous material includes hazardous
13substances, as defined in Section 25501, hazardous wastes, marine
14pollutants, elevated temperature materials, materials designated
15as hazardous in Section 172.101 of Title 40 of the Code of Federal
16Regulations, and materials that meet the defining criteria for hazard
17classes and divisions in Part 173 of Title 49 of the Code of Federal
18Regulations.

begin insert

19(c) “Hazardous materials emergency response plan” shall have
20the same meaning as “emergency response program to hazardous
21substance release” set forth in Section 1910.120(q) of Title 29 of
22the Code of Federal Regulations.

end insert
begin delete

23(c)

end delete

24begin insert(d)end insert “Office” means the Office of Emergency Services.

begin delete

25(d)

end delete

26begin insert(e)end insert “Oil” has the same meaning as in Section 8670.3 of the
27Government Code.

begin delete

28(e)

end delete

29begin insert(f)end insert “Rail carrier” means a person providing common carrier
30railroad transportation for compensation, but does not include
31street, suburban, or interurban electric railways not operated as
32part of the general system of rail transportation.

33

25547.2.  

(a) No later than January 31, 2015, and every three
34months thereafter, a rail carrier shall prepare and submit to the
35office commodity flow data for the prior three months broken
36down by county and track route relevant to the 25 largest hazardous
37material commodities transported through the state, including tank
38cars loaded with oil cargo. The commodity flow data shall conform
39to all of the following:

P4    1(1) Be in accordance with Subpart G of Part 172 of Title 49 of
2the Code of Federal Regulations and in Standard Transportation
3Commodity Code numeric sequence.

4(2) Include a description of the hazardous material or oil cargo
5and commodity name organized by number of carload type,
6including tank cars and gondola cars, intermodal loads, including
7trailers, containers and tank containers, and total loads transported
8within a county over the prior three months.

9(b) The office shall provide access to commodity flow data as
10authorized by Part 15 (commencing with Section 15.1), Part 1520
11(commencing with Section 1520.1), and Part 172 (commencing
12with Section 172.1) of Title 49 of the Code of Federal Regulations
13and Section 11904 of Title 49 of the United States Code.

14(c) (1) Beginning January 31, 2015, consistent with the United
15States Department of Transportation’s Emergency Order Docket
16No. DOT-OST-2014-0067, and any subsequent amendments to
17that order, a rail carrier shall prospectively estimate and submit to
18the office notification of the weekly movements of trains through
19a county, including, but not limited to, track route and volumes of
20shipments of Bakken oil in amounts equal to or greater than one
21million (1,000,000) gallons per train consist. A rail carrier shall
22update the notification provided pursuant to this paragraph once
23every six months.

24(2) Notwithstanding paragraph (1), a rail carrier shall update
25and notify the office within 30 days of the rail carrier determining
26that there will be a material change in the estimated volume of
27Bakken oil plus or minus 25 percent per week relative to the most
28recent estimate previously submitted to the office.

29(d) The office shall disseminate information necessary for
30developing emergency response plans from the reports prepared
31pursuant to subdivisions (a) and (c) in whole or in summary form
32to a unified program agency, as defined in Section 25501, when
33the office determines a unified program agency area of
34responsibility may be impacted by a hazardous material or oil
35cargo spill. Rail carriers shall provide additional information to
36the office related to the specific commodity flow data and Bakken
37oil to assist a unified program agency with its emergency response
38planning.

39

25547.4.  

Each rail carrier shall maintain a response
40management communications center, which shall provide real-time
P5    1information to an authorized public safety answering point or 911
2emergency response center about the train consist involved in a
3hazardous material or oil cargo spill or other critical incident,
4including, but not limited to, both of the following:

5(a) Hazardous material movement shipping papers, including
6a way bill or total trace, detailing the hazardous material or oil
7cargo.

8(b) Information that can assist the primary local public safety
9agency in containing and safely removing a hazardous material
10spill.

11

25547.6.  

(a) Each rail carrier shall provide the office with a
12summary of the rail carrier’s hazardous materials emergency
13response plan. The rail carrier’s hazardous materials emergency
14response plan summary shall not be posted on a public Internet
15Web site.

16(b) The office shall provide a copy of each summary report of
17a rail carrier’s hazardous materials emergency response plan to
18each unified program agency, as defined in Section 25501, when
19the office determines a unified program agency area of
20responsibility may be impacted by a rail carrier spill of hazardous
21material or oil cargo. The provision of the summary report of a
22rail carrier’s hazardous materials emergency response plan shall
23comply with Part 15 (commencing with Section 15.1), Part 1520
24(commencing with Section 1520.1), and Part 172 (commencing
25with Section 172.1) of Title 49 of the Code of Federal Regulations
26and Section 11904 of Title 49 of the United States Code.

27

25547.8.  

A recipient of the reports and plans provided pursuant
28to Sections 25547.2 and 25547.6 shall comply with Part 15
29(commencing with Section 15.1), Part 1520 (commencing with
30Section 1520.1), and Part 172 (commencing with Section 172.1)
31of Title 49 of the Code of Federal Regulations and Section 11904
32of Title 49 of the United States Code for the purposes of
33determining who may have access to the information contained in
34the reports and shall not divulge or make known that information
35to unauthorized recipients. Disclosure and dissemination of
36information in the reports shall be donebegin delete solely for the purpose of
37providing the safe transport of hazardous material, crude oil, and
P6    1Bakken oil through the state and is deemed necessaryend delete
to assist with
2emergency response planning.



O

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