Senate BillNo. 1319


Introduced by Senator Pavley

February 21, 2014


An act to amend Section 8574.7 of the Government Code, relating to oil spills.

LEGISLATIVE COUNSEL’S DIGEST

SB 1319, as introduced, Pavley. Oil spills: oil spill prevention and response.

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. 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, among others, an environmentally and ecologically sensitive areas element.

This bill would add an additional element that considers the variability in physical and chemical properties of oil transported within and to the state and its waters to the marine oil spill contingency planning section of the California oil spill contingency plan.

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

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

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SECTION 1.  

Section 8574.7 of the Government Code is
2amended to read:

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8574.7.  

The Governor shall require the administrator, not in
4conflict with the National Contingency Plan, to amend the
5California oil spill contingency plan by adding a marine oil spill
6contingency planning section that provides for the best achievable
7protection of the coast and marine waters. “Administrator” for
8purposes of this section means the administrator appointed by the
9Governor pursuant to Section 8670.4. The marine oil spill
10contingency planning section shall consist of all of the following
11elements:

12(a) A state marine response element that specifies the hierarchy
13for state and local agency response to an oil spill. The element
14shall define the necessary tasks for oversight and control of cleanup
15and removal activities associated with a marine oil spill and shall
16specify each agency’s particular responsibility in carrying out these
17tasks. The element shall also include an organizational chart of
18the state marine oil spill response organization and a definition of
19the resources, capabilities, and response assignments of each
20agency involved in cleanup and removal actions in a marine oil
21spill.

22(b) A regional and local planning element that shall provide the
23framework for the involvement of regional and local agencies in
24the state effort to respond to a marine oil spill, and shall ensure
25the effective and efficient use of regional and local resources in
26all of the following:

27(1) Traffic and crowd control.

28(2) Firefighting.

29(3) Boating traffic control.

30(4) Radio and communications control and provision of access
31to equipment.

32(5) Identification and use of available local and regional
33equipment or other resources suitable for use in cleanup and
34removal actions.

35(6) Identification of private and volunteer resources or personnel
36with special or unique capabilities relating to marine oil spill
37cleanup and removal actions.

38(7) Provision of medical emergency services.

P3    1(8) Consideration of the identification and use of private working
2craft and mariners, including commercial fishing vessels and
3licensed commercial fishing men and women, in containment,
4cleanup, and removal actions.

5(c) A coastal protection element that establishes the state
6standards for coastline protection. The administrator, in
7consultation with the Coast Guard and Navy and the shipping
8industry, shall develop criteria for coastline protection. If
9appropriate, the administrator shall consult with representatives
10from the States of Alaska, Washington, and Oregon, the Province
11of British Columbia in Canada, and the Republic of Mexico. The
12criteria shall designate at least all of the following:

13(1) Appropriate shipping lanes and navigational aids for tankers,
14barges, and other commercial vessels to reduce the likelihood of
15collisions between tankers, barges, and other commercial vessels.
16Designated shipping lanes shall be located off the coastline at a
17distance sufficient to significantly reduce the likelihood that
18disabled vessels will run aground along the coast of the state.

19(2) Ship position reporting and communications requirements.

20(3) Required predeployment of protective equipment for
21sensitive environmental areas along the coastline.

22(4) Required emergency response vessels that are capable of
23preventing disabled tankers from running aground.

24(5) Required emergency response vessels that are capable of
25commencing oil cleanup operations before spilled oil can reach
26the shoreline.

27(6) An expedited decisionmaking process for dispersant use in
28coastal waters. Prior to adoption of the process, the administrator
29shall ensure that a comprehensive testing program is carried out
30for any dispersant proposed for use in California marine waters.
31The testing program shall evaluate toxicity and effectiveness of
32the dispersants.

33(7) Required rehabilitation facilities for wildlife injured by
34spilled oil.

35(8) An assessment of how activities that usually require a permit
36from a state or local agency may be expedited or issued by the
37administrator in the event of an oil spill.

38(d) An environmentally and ecologically sensitive areas element
39that shall provide the framework for prioritizing and ensuring the
40protection of environmentally and ecologically sensitive areas.
P4    1The environmentally and ecologically sensitive areas element shall
2be developed by the administrator, in conjunction with appropriate
3local agencies, and shall include all of the following:

4(1) Identification and prioritization of environmentally and
5ecologically sensitive areas in marine waters and along the coast.
6Identification and prioritization of environmentally and ecologically
7sensitive areas shall not prevent or excuse the use of all reasonably
8available containment and cleanup resources from being used to
9protect every environmentally and ecologically sensitive area
10possible. Environmentally and ecologically sensitive areas shall
11be prioritized through the evaluation of criteria, including, but not
12limited to, all of the following:

13(A) Risk of contamination by oil after a spill.

14(B) Environmental, ecological, recreational, and economic
15importance.

16(C) Risk of public exposure should the area be contaminated.

17(2) Regional maps depicting environmentally and ecologically
18sensitive areas in marine waters or along the coast that shall be
19distributed to facilities and local and state agencies. The maps shall
20 designate those areas that have particularly high priority for
21protection against oil spills.

22(3) A plan for protection actions required to be taken in the
23event of an oil spill for each of the environmentally and
24ecologically sensitive areas and protection priorities for the first
2524 to 48 hours after an oil spill shall be specified.

26(4) The location of available response equipment and the
27availability of trained personnel to deploy the equipment to protect
28the priority environmentally and ecologically sensitive areas.

29(5) A program for systemically testing and revising, if necessary,
30protection strategies for each of the priority environmentally and
31ecologically sensitive areas.

32(6) Any recommendations for action that cannot be financed or
33implemented pursuant to existing authority of the administrator,
34which shall also be reported to the Legislature along with
35recommendations for financing those actions.

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36(e) This section shall become operative on January 1, 2012.

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37(e) An element that considers the variability in physical and
38chemical properties of oil transported to, and within, the state and
39its waters.

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