BILL NUMBER: SB 1319	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 8574.7 of the Government Code is amended to
read:
   8574.7.  The Governor shall require the administrator, not in
conflict with the National Contingency Plan, to amend the California
oil spill contingency plan by adding a marine oil spill contingency
planning section that provides for the best achievable protection of
the coast and marine waters. "Administrator" for purposes of this
section means the administrator appointed by the Governor pursuant to
Section 8670.4. The marine oil spill contingency planning section
shall consist of all of the following elements:
   (a) A state marine response element that specifies the hierarchy
for state and local agency response to an oil spill. The element
shall define the necessary tasks for oversight and control of cleanup
and removal activities associated with a marine oil spill and shall
specify each agency's particular responsibility in carrying out these
tasks. The element shall also include an organizational chart of the
state marine oil spill response organization and a definition of the
resources, capabilities, and response assignments of each agency
involved in cleanup and removal actions in a marine oil spill.
   (b) A regional and local planning element that shall provide the
framework for the involvement of regional and local agencies in the
state effort to respond to a marine oil spill, and shall ensure the
effective and efficient use of regional and local resources in all of
the following:
   (1) Traffic and crowd control.
   (2) Firefighting.
   (3) Boating traffic control.
   (4) Radio and communications control and provision of access to
equipment.
   (5) Identification and use of available local and regional
equipment or other resources suitable for use in cleanup and removal
actions.
   (6) Identification of private and volunteer resources or personnel
with special or unique capabilities relating to marine oil spill
cleanup and removal actions.
   (7) Provision of medical emergency services.
   (8) Consideration of the identification and use of private working
craft and mariners, including commercial fishing vessels and
licensed commercial fishing men and women, in containment, cleanup,
and removal actions.
   (c) A coastal protection element that establishes the state
standards for coastline protection. The administrator, in
consultation with the Coast Guard and Navy and the shipping industry,
shall develop criteria for coastline protection. If appropriate, the
administrator shall consult with representatives from the States of
Alaska, Washington, and Oregon, the Province of British Columbia in
Canada, and the Republic of Mexico. The criteria shall designate at
least all of the following:
   (1) Appropriate shipping lanes and navigational aids for tankers,
barges, and other commercial vessels to reduce the likelihood of
collisions between tankers, barges, and other commercial vessels.
Designated shipping lanes shall be located off the coastline at a
distance sufficient to significantly reduce the likelihood that
disabled vessels will run aground along the coast of the state.
   (2) Ship position reporting and communications requirements.
   (3) Required predeployment of protective equipment for sensitive
environmental areas along the coastline.
   (4) Required emergency response vessels that are capable of
preventing disabled tankers from running aground.
   (5) Required emergency response vessels that are capable of
commencing oil cleanup operations before spilled oil can reach the
shoreline.
   (6) An expedited decisionmaking process for dispersant use in
coastal waters. Prior to adoption of the process, the administrator
shall ensure that a comprehensive testing program is carried out for
any dispersant proposed for use in California marine waters. The
testing program shall evaluate toxicity and effectiveness of the
dispersants.
   (7) Required rehabilitation facilities for wildlife injured by
spilled oil.
   (8) An assessment of how activities that usually require a permit
from a state or local agency may be expedited or issued by the
administrator in the event of an oil spill.
   (d) An environmentally and ecologically sensitive areas element
that shall provide the framework for prioritizing and ensuring the
protection of environmentally and ecologically sensitive areas. The
environmentally and ecologically sensitive areas element shall be
developed by the administrator, in conjunction with appropriate local
agencies, and shall include all of the following:
   (1) Identification and prioritization of environmentally and
ecologically sensitive areas in marine waters and along the coast.
Identification and prioritization of environmentally and ecologically
sensitive areas shall not prevent or excuse the use of all
reasonably available containment and cleanup resources from being
used to protect every environmentally and ecologically sensitive area
possible. Environmentally and ecologically sensitive areas shall be
prioritized through the evaluation of criteria, including, but not
limited to, all of the following:
   (A) Risk of contamination by oil after a spill.
   (B) Environmental, ecological, recreational, and economic
importance.
   (C) Risk of public exposure should the area be contaminated.
   (2) Regional maps depicting environmentally and ecologically
sensitive areas in marine waters or along the coast that shall be
distributed to facilities and local and state agencies. The maps
shall designate those areas that have particularly high priority for
protection against oil spills.
   (3) A plan for protection actions required to be taken in the
event of an oil spill for each of the environmentally and
ecologically sensitive areas and protection priorities for the first
24 to 48 hours after an oil spill shall be specified.
   (4) The location of available response equipment and the
availability of trained personnel to deploy the equipment to protect
the priority environmentally and ecologically sensitive areas.
   (5) A program for systemically testing and revising, if necessary,
protection strategies for each of the priority environmentally and
ecologically sensitive areas.
   (6) Any recommendations for action that cannot be financed or
implemented pursuant to existing authority of the administrator,
which shall also be reported to the Legislature along with
recommendations for financing those actions. 
   (e) This section shall become operative on January 1, 2012.
 
   (e) An element that considers the variability in physical and
chemical properties of oil transported to, and within, the state and
its waters.