BILL NUMBER: SB 1319 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MAY 6, 2014
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE APRIL 2, 2014
INTRODUCED BY Senator Pavley
(Coauthors: Senators Lara and Wolk)
FEBRUARY 21, 2014
An act to amend Sections 8574.4, 8574.7, 8574.8, 8670.2,
8670.3, 8670.5, 8670.7, 8670.8, 8670.8.3, 8670.8.5, 8670.9, 8670.12,
8670.14, 8670.19, 8670.25, 8670.25.5, 8670.26, 8670.28, 8670.29,
8670.30.5, 8670.31, 8670.32, 8670.33, 8670.34, 8670.35, 8670.36,
8670.37, 8670.37.5, 8670.37.51, 8670.37.52, 8670.37.53, 8670.37.55,
8670.37.58, 8670.40, 8670.42, 8670.47.5, 8670.48, 8670.48.3, 8670.49,
8670.50, 8670.51, 8670.53, 8670.54, 8670.55, 8670.56.5, 8670.56.6,
8670.61.5, 8670.62, 8670.64, 8670.66, 8670.67, 8670.67.5, 8670.69.4,
and 8670.71 of, to add Sections 8670.32.5, 8670.40.5, 8670.90, and
8670.95 to, and to repeal Section 8670.69.7 of, the Government Code,
relating to oil spills. An act to amend Section 5654
of the Fish and Game Code, to amend Sections 8574.4, 8574.7, 8574.8,
8670.2, 8670.3, 8670.5, 8670.7, 8670.8, 8670.8.3, 8670.8.5, 8670.9,
8670.12, 8670.14, 8670.19, 8670.25, 8670.25.5, 8670.26, 8670.27,
8670.28, 8670.29, 8670.30.5, 8670.31, 8670.32, 8670.33, 8670.34,
8670.35, 8670.36, 8670.37, 8670.37.5, 8670.37.51, 8670.37.52,
8670.37.53, 8670.37.55, 8670.37.58, 8670.40, 8670.42, 8670.47.5,
8670.48, 8670.48.3, 8670.49, 8670.50, 8670.51, 8670.53, 8670.54,
8670.55, 8670.56.5, 8670.56.6, 8670.61.5, 8670.62, 8670.64, 8670.66,
8670.67, 8670.67.5, 8670.69.4, and 8670.71 of, to add Sections
8670.40.5 and 8670.95 to, and to repeal Section 8670.69.7 of, the
Government Code, to amend Section 449 of the Harbors and Navigation
Code, to amend Sections 46002, 46006, 46007, 46010, 46013, 46017,
46023, 46028, and 46101 of, to repeal Sections 46008, 46014, 46015,
46016, 46019, 46024, and 46025 of, and to repeal and add Sections
46011, 46018, and 46027 of, the Revenue and Taxation Code, and to
amend Section 13272 of the Water Code, relating to oil spills, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1319, as amended, Pavley. 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, 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 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 and requires the regulations to
provide for the best achievable protection of coastal and marine
waters. Existing law imposes various administrative civil penalties
on a person that violates specified provisions of the act based on
whether it was an oil spill or an inland oil spill.
This bill would generally expand the act and the administrator's
responsibilities relating to oil spills to cover all waters of the
state, as defined. By expanding the scope of crimes within the act,
the bill would impose a state-mandated local program. The bill would
direct the Governor to require the administrator to amend the
California oil spill contingency plan to provide for the best
achievable protection of all state waters, not solely coastal and
marine waters, and to submit the plan to the Governor and the
Legislature on or before January 1, 2017. The bill would require the
regulations to provide for the best achievable protection of all
waters and natural resources of the state. The bill, for purposes of
administrative civil penalties, would no longer distinguish between
an oil spill and an inland oil spill, subjecting all persons to the
oil spill provisions. The bill also would revise various definitions
within that act, and would make other conforming and technical
changes.
(2) Existing law requires the administrator, upon request by a
local government, to provide a program for training and certification
of a local emergency responder designated as a local spill response
manager by a local government with jurisdiction over or directly
adjacent to waters of the state.
This bill would make the program optional at the discretion of the
administrator.
(3) Existing law requires the administrator to offer grants to a
local government with jurisdiction over or directly adjacent to
marine waters to provide oil spill response equipment to be deployed.
This bill would instead authorize the administrator to offer the
grants to a local government with jurisdiction over or directly
adjacent to state waters.
(4) Existing law requires the administrator, within 5 working days
after receipt of a contingency plan, prepared as specified, to send
a notice that the plan is available for review to the Oil Spill
Technical Advisory Committee.
This bill instead would require the administrator, within 5
working days after receipt of a contingency plan, to post a notice
that the plan is available for review.
(5) Existing law requires the administrator to establish a network
of rescue and rehabilitation stations for sea birds, sea otters, and
marine mammals affected by an oil spill in marine waters.
This bill instead would require the administrator to establish a
network of rescue, as specified, for wildlife injured by oil spills
in waters of the state, including sea otters and other marine
mammals. The bill also would authorize the administrator to establish
additional stations or facilities in the interior of the state for
the rescue and rehabilitation of wildlife affected by inland spills.
(6) Existing law imposes an oil spill prevention and
administration fee in an amount determined by the administrator to be
sufficient to implement oil spill prevention activities, but not to
exceed $0.065 per barrel of crude oil or petroleum products and,
beginning January 1, 2015, to an amount not to exceed $0.05, on
persons owning crude oil or petroleum products at a marine terminal.
The fee is deposited into the Oil Spill Prevention and Administration
Fund in the State Treasury. Upon appropriation by the Legislature,
moneys in the fund are available for specified purposes.
This bill instead would require the administrator to annually
determine the fee in an amount sufficient to pay the reasonable
regulatory costs of specified oil spill prevention activities. The
bill would delete the provision that reduces the fee beginning on
January 1, 2015. The bill would additionally impose this fee on a
person owning crude oil at the time the crude oil is received at a
refinery, as specified, by any mode of delivery that passed over,
across, under, or through waters of the state, whether from within or
outside the state. The bill would authorize the Director of Finance
to augment a specified appropriation in the Budget Act of 2014 for
the reasonable costs incurred by the State Board of Equalization
related to the collection of the oil spill prevention and
administration fee, as specified, thereby making an appropriation.
This bill would require every person who operates an oil refinery,
marine terminal, or a pipeline to register with the State Board of
Equalization.
(7) Existing law imposes a uniform oil spill response fee on
specified persons, except specified independent crude oil producers,
owning petroleum products during any period that the Oil Spill
Response Trust Fund contains less than a designated amount. The money
in the fund is continuously appropriated for specified purposes,
including, to pay for the costs of rescue, medical treatment,
rehabilitation, and disposition of oiled wildlife, as specified.
The bill would delete the fee exception for independent crude oil
producers, and would delete the provision authorizing the moneys in
the fund to be used to pay for the costs of rescue, medical
treatment, rehabilitation, and disposition of oiled wildlife. The
bill would authorize moneys in the fund to be used to respond to an
imminent threat of a spill. By expanding the purposes of a
continuously appropriated fund, the bill would make an appropriation.
(8) Existing law, until June 30, 2014, provides that if a loan or
other transfer of money from the Oil Spill Response Trust Fund to the
General Fund pursuant to the Budget Act reduces the balance of the
fund to less than or equal to 95% of the designated amount, the
administrator is not required to collect oil spill response fees if
the annual Budget Act requires the transfer or loan to be repaid (1)
to the fund with interest calculated at a rate earned by the Pooled
Money Investment Account and (2) on or before June 30, 2014.
This bill would extend that date to June 30, 2017, and would
provide that these provisions would be repealed on July, 1, 2017.
(9) Existing law establishes the Oil Spill Technical Advisory
Committee to provide public input and independent judgment of the
actions of the administrator. The committee is composed of 10
members.
This bill would increase the number of members from 10 to 14 and
would require the Speaker of the Assembly and the Senate Committee on
Rules to each appoint one additional member who has knowledge of
environmental protection and the study of ecosystems, and also would
require the Governor to appoint two additional members, with one
having knowledge of the railroad industry and another having
knowledge of the oil production industry.
(10) 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.
(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, 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 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 and requires the regulations to
provide for the best achievable protection, as defined, of coastal
and marine waters.
This bill would generally expand the act and the administrator's
responsibilities relating to oil spills to cover all waters of the
state. By expanding the scope of crimes within the act, the bill
would impose a state-mandated local program. The bill would direct
the Governor to require the administrator to amend the California oil
spill contingency plan to provide for the best achievable protection
of all state waters, not solely coastal and marine waters, and to
submit the plan to the Governor and the Legislature on or before
January 1, 2017. The bill would require the regulations to provide
for the best achievable protection of all waters and natural
resources of the state. The bill would also revise various
definitions within that act, and would make other conforming and
technical changes.
(2) Existing law, until January 1, 2015, requires the
administrator to develop and implement a screening mechanism and a
comprehensive risk-based monitoring program for inspecting the
bunkering and lightering operations of vessels at anchor and
alongside a dock to ensure that bunkering and lightering operations
that pose the highest risk of a pollution incident are identified and
are routinely monitored and inspected.
This bill would delete the January 1, 2015, repeal date for these
requirements. The bill would require the administrator to develop and
implement a screening mechanism and comprehensive risk-based
monitoring program for inspecting nonvessel handling and transport of
oil to ensure that those operations that pose the highest risk of a
pollution incident are identified and are routinely monitored and
inspected.
(3) Existing law requires the administrator to offer grants to a
local government with jurisdiction over or directly adjacent to
marine waters to provide oil spill response equipment to be deployed.
This bill would instead require the administrator to offer the
grants to a local government with jurisdiction over or directly
adjacent to state waters.
(4) Existing law requires the administrator, within 5 working days
after receipt of a contingency plan, prepared as specified, to send
a notice that the plan is available for review to the Oil Spill
Technical Advisory Committee.
This bill would instead require the administrator, within 5
working days after receipt of a contingency plan, to post a notice
that the plan is available for review. The bill would require the
California Environmental Protection Agency and the Office of
Emergency Services to review the plans for facilities and local
governments located outside of the coastal zone.
(5) Existing law requires the administrator to establish a network
of rescue and rehabilitation stations for sea birds, sea otters, and
marine mammals affected by an oil spill in marine waters.
This bill would instead require the administrator to establish a
network of rescue and rehabilitation stations for wildlife injured by
oil spills in waters of the state, including sea otters and other
marine mammals. The bill would authorize the administrator to
establish additional stations or facilities in the interior of the
state primarily for the rescue and rehabilitation of wildlife
affected by inland spills.
(6) Existing law imposes an oil spill prevention and
administration fee in an amount determined by the administrator to be
sufficient to implement specified oil spill prevention activities,
but not to exceed $0.065 per barrel of crude oil or petroleum
products and, beginning January 1, 2015, to an amount not to exceed
$0.05, on persons owning crude oil or petroleum products at a marine
terminal. The fee is deposited into the Oil Spill Prevention and
Administration Fund in the State Treasury. Upon appropriation by the
Legislature, moneys in the fund are available for specified purposes.
This bill would require the administrator to annually determine
the fee in an amount sufficient to pay the reasonable regulatory
costs of specified oil spill prevention activities, would delete the
provision that reduces the fee beginning on January 1, 2015, and
would prohibit the fee from exceeding $0.065 per barrel of crude oil
or petroleum products for the year beginning January 1, 2015, and
ending December 31, 2015. The bill would additionally impose this fee
on a person owning crude oil at the time the crude oil is received
at a refinery, as specified, and would require every person who
operates an oil refinery, marine terminal, or a pipeline to register
with the State Board of Equalization.
(7) Existing law imposes a uniform oil spill response fee on
specified persons, except specified independent crude oil producers,
owning petroleum products during any period that the Oil Spill
Response Trust Fund contains less than a designated amount. The money
in the fund is continuously appropriated for specified purposes,
including, to pay for the costs of rescue, medical treatment,
rehabilitation, and disposition of oiled wildlife, as specified.
The bill would delete the fee exception for independent crude oil
producers, and would delete the provision authorizing the moneys in
the fund to be used to pay for the costs of rescue, medical
treatment, rehabilitation, and disposition of oiled wildlife. The
bill would authorize moneys in the fund to be used to respond to an
imminent threat of a spill. By expanding the purposes of a
continuously appropriated fund, the bill would make an appropriation.
(8) Existing law, until June 30, 2014, provides that if a loan or
other transfer of money from the Oil Spill Response Trust Fund to the
General Fund pursuant to the Budget Act reduces the balance of the
fund to less than or equal to 95% of the designated amount, the
administrator is not required to collect oil spill response fees if
the annual Budget Act requires the transfer or loan to be repaid (A)
to the fund with interest calculated at a rate earned by the Pooled
Money Investment Account and (B) on or before June 30, 2014.
This bill would extend that date to June 30, 2017, and would
provide that these provisions would be repealed on July, 1, 2017.
(9) The Lempert-Keene-Seastrand Oil Spill Prevention and Response
Act prohibits a person from operating a marine facility, as defined,
unless the owner or operator of the marine facility has obtained a
certificate of financial responsibility. To receive a certificate of
financial responsibility from the administrator for oil spill
response, the act requires the owner or operator of a marine facility
to make a specified showing of financial resources to the
satisfaction of the administrator. The act authorizes the
administrator to issue a certificate of financial responsibility on a
lesser showing of financial resources for a period of not longer
than 3 years if the administrator makes specified findings.
This bill would delete the authorization granted to the
administrator to issue a certificate of financial responsibility on a
lesser showing of financial resources and would require the
administrator to adopt regulations to implement the certification
requirements.
(10) Existing law establishes the Oil Spill Technical Advisory
Committee to provide public input and independent judgment of the
actions of the administrator and requires the committee to provide
recommendations to the administrator and other specified state
entities. The committee is composed of 10 members.
This bill would increase the number of members from 10 to 15 and
would require the Speaker of the Assembly and the Senate Committee on
Rules to each appoint one additional member who has knowledge of
environmental protection and the study of ecosystems, and would also
require the Governor to appoint one additional member who has
knowledge of the railroad industry, another with knowledge of the
truck transportation industry, and another with knowledge of the oil
production industry. The bill would require the committee to monitor
and evaluate the modes of transportation of oil into and within the
state and the properties of the oil to identify necessary changes in
oil spill response and preparedness programs.
(11) This bill would require each railroad intending to transport
crude oil into or within the state on at least an annual basis to
provide to the administrator with specified information.
(12)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 yes
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5654 of the Fish and
Game Code is amended to read:
5654. (a) (1) Notwithstanding Section 7715 and except as provided
in paragraph (2), the director, within 24 hours of notification of a
spill or discharge, as those terms are defined in
subdivision (ad) of Section 8670.3 of the Government Code,
where any fishing, including all commercial, recreational, and
nonlicensed subsistence fishing, may take place, or where aquaculture
operations are taking place, shall close to the take of all fish and
shellfish all waters in the vicinity of the spill or discharge or
where the spilled or discharged material has spread, or is likely to
spread. In determining where a spill or discharge is likely to
spread, the director shall consult with the Administrator of the
Office of Spill Prevention and Response. At the time of closure, the
department shall make all reasonable efforts to notify the public of
the closure, including notification to commercial and recreational
fishing organizations, and posting of warnings on public piers and
other locations where subsistence fishing is known to occur. The
department shall coordinate, when possible, with local and regional
agencies and organizations to expedite public notification.
(2) Closure pursuant to paragraph (1) is not required if, within
24 hours of notification of a spill or discharge, the Office of
Environmental Health Hazard Assessment finds that a public health
threat does not or is unlikely to exist.
(b) Within 48 hours of notification of a spill or discharge
subject to subdivision (a), the director, in consultation with the
Office of Environmental Health Hazard Assessment, shall make an
assessment and determine all of the following:
(1) The danger posed to the public from fishing in the area where
the spill or discharge occurred or spread, and the danger of
consuming fish taken in the area where the spill or discharge
occurred or spread.
(2) Whether the areas closed for the take of fish or shellfish
should be expanded to prevent any potential take or consumption of
any fish or shellfish that may have been contaminated by the spill or
discharge.
(3) The likely period for maintaining a closure on the take of
fish and shellfish in order to prevent any possible contaminated fish
or shellfish from being taken or consumed or other threats to human
health.
(c) Within 48 hours after receiving notification of a spill or
discharge subject to subdivision (a), or as soon as is feasible, the
director, in consultation with the Office of Environmental Health
Hazard Assessment, shall assess and determine the potential danger
from consuming fish that have been contained in a recirculating
seawater tank onboard a vessel that may become contaminated by the
vessel's movement through an area where the spill or discharge
occurred or spread.
(d) If the director finds in his or her assessment pursuant to
subdivision (b) that there is no significant risk to the public or to
the fisheries, the director may immediately reopen the closed area
and waive the testing requirements of subdivisions (e) and (f).
(e) Except under the conditions specified in subdivision (d),
after complying with subdivisions (a) and (b), the director, in
consultation with the Office of Environmental Health Hazard
Assessment, but in no event more than seven days from the
notification of the spill or discharge, shall order expedited tests
of fish and shellfish that would have been open for take for
commercial, recreational, or subsistence purposes in the closed area
if not for the closure, to determine the levels of contamination, if
any, and whether the fish or shellfish is safe for human consumption.
(f) (1) Within 24 hours of receiving a notification from the
Office of Environmental Health Hazard Assessment that no threat to
human health exists from the spill or discharge or that no
contaminant from the spill or discharge is present that could
contaminate fish or shellfish, the director shall reopen the areas
closed pursuant to this section. The director may maintain a closure
in any remaining portion of the closed area where the Office of
Environmental Health Hazard Assessment finds contamination from the
spill or discharge persists that may adversely affect human health.
(2) The director, in consultation with the commission, may also
maintain a closure in any remaining portion of the closed area where
commercial fishing or aquaculture occurs and where the department
determines, pursuant to this paragraph, that contamination from the
spill or discharge persists that may cause the waste of commercial
fish or shellfish as regulated by Section 7701.
(g) To the extent feasible, the director shall consult with
representatives of commercial and recreational fishing associations
and subsistence fishing communities regarding the extent and duration
of a closure, testing protocols, and findings. If a spill or
discharge occurs within the lands governed by a Native American tribe
or affects waters flowing through tribal lands, or tribal fisheries,
the director shall consult with the affected tribal governments.
(h) The director shall seek full reimbursement from the
responsible party or parties for the spill or discharge for all
reasonable costs incurred by the department in carrying out this
section, including, but not limited to, all testing.
SEC. 2. Section 8574.4 of the Government
Code is amended to read:
8574.4. State agencies designated to implement the contingency
plan shall account for all state expenditures made under the plan
with respect to each oil spill. Expenditures accounted for under this
section from an oil spill in marine waters
of the state shall be paid from the Oil Spill Response Trust
Fund created pursuant to Section 8670.46. All other expenditures
accounted for under this section shall be paid from the State Water
Pollution Cleanup and Abatement Account in the State Water Quality
Control Fund provided for in Article 3 (commencing with Section
13440) of Chapter 6 of Division 7 of the Water Code. If the party
responsible for the spill is identified, that party shall be liable
for the expenditures accounted for under this section, in addition to
any other liability which that may be
provided for by law, in an action brought by the Attorney General.
The proceeds from any such action for a spill in
marine waters shall be paid into the Oil Spill Response Trust Fund.
SEC. 3. 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 to provide
for the best achievable protection of the coast and
marine waters of the state . "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 plan 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 an 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 an 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 an
oil spill, and shall ensure the effective and efficient use of
regional and local resources , as appropriate, 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 state
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 state 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) A reporting element that requires the reporting of oil spills
of any amount of oil to state waters.
SEC. 4. Section 8574.8 of the
Government Code is amended to read:
8574.8. (a) The administrator shall submit to the Governor and
the Legislature an amended California oil spill contingency plan
required, pursuant to Section 8574.7, by January 1, 1993. The
administrator shall thereafter submit revised plans every three
years, until the amended plan required pursuant to subdivision (b) is
submitted.
(b) The administrator shall submit to the Governor and the
Legislature an amended California oil spill contingency plan required
pursuant to Section 8574.7, by on or before
January 1, 2010, 2017, that
consists of both a addresses marine
oil spill contingency planning section and an
and inland oil spill contingency planning section
spills . The administrator shall thereafter
submit revised plans every three years.
SEC. 5. Section 8670.2 of the
Government Code is amended to read:
8670.2. The Legislature finds and declares as follows:
(a) Each year, billions of gallons of crude oil and petroleum
products are transported by vessel , railroad, truck, or
pipeline over, across , under, and through the
marine waters of this state.
(b) Recent accidents in southern California, Alaska, and
other parts of the nation , and Canada, have
shown that marine transportation of oil can be a
significant threat to the environment of sensitive coastal
environmental areas.
(c) Existing prevention programs are not able to reduce
sufficiently the risk of significant discharge of petroleum into
marine state waters.
(d) Response and cleanup capabilities and technology are unable to
remove consistently the majority of spilled oil when major oil
spills occur in marine state waters.
(e) California's lakes, rivers, other inland waters,
coastal waters, estuaries, bays, and beaches are treasured
environmental and economic resources which
that the state cannot afford to place at undue risk from an oil
spill.
(f) Because of the inadequacy of existing cleanup and response
measures and technology, the emphasis must be put on prevention, if
the risk and consequences of oil spills are to be minimized.
(g) Improvements in the design, construction, and operation of
rail tank cars, tank trucks, tank ships, terminals, and
pipelines; improvements in marine safety; maintenance of emergency
response stations and personnel; and stronger inspection and
enforcement efforts are necessary to reduce the risks of and from a
major oil spill.
(h) A major oil spill in marine state
waters is extremely expensive because of the need to clean up
discharged oil, protect sensitive environmental areas, and restore
ecosystem damage.
(i) Immediate action must be taken to improve control and cleanup
technology in order to strengthen the capabilities and capacities of
cleanup operations.
(j) California government should improve its response and
management of oil spills that occur in marine
state waters.
(k) Those who transport oil through or near the
marine waters of the state must meet minimum
safety standards and demonstrate financial responsibility.
( l ) The federal government plays an important role in
preventing and responding to petroleum spills and it is in the
interests of the state to coordinate with agencies of the federal
government, including the Coast Guard and the United States
Environmental Protection Agency , to the greatest degree
possible.
(m) California has approximately 1,100 miles of coast, including
four marine sanctuaries which that
occupy 88,767 square miles. The weather, topography, and tidal
currents in and around California's coastal ports and waterways make
vessel navigation challenging. The state's major ports are among the
busiest in the world. Approximately 700 million barrels of oil are
consumed annually by California, with over 500 million barrels being
transported by vessel. The peculiarities of California's maritime
coast require special precautionary measures regarding oil pollution.
(n) California has approximately 158,500 square miles of interior
area where there are approximately 6,800 miles of pipeline used for
oil distribution, 5,800 miles of Class I railroad track, and 172,100
miles of maintained roads.
SEC. 6. Section 8670.3 of the
Government Code is amended to read:
8670.3. Unless the context requires otherwise, the following
definitions shall govern the construction of this chapter:
(a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4.
(b) (1) "Best achievable protection" means the highest level of
protection that can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operational methods that provide the greatest degree of
protection achievable. The administrator's determination of which
measures provide the best achievable protection shall be guided by
the critical need to protect valuable coastal
natural resources and marine state
waters, while also considering all of the following:
(A) The protection provided by the measure.
(B) The technological achievability of the measure.
(C) The cost of the measure.
(2) The administrator shall not use a cost-benefit or
cost-effectiveness analysis or any particular method of analysis in
determining which measures provide the best achievable protection.
The administrator shall instead, when determining which measures
provide best achievable protection, give reasonable consideration to
the protection provided by the measures, the technological
achievability of the measures, and the cost of the measures when
establishing the requirements to provide the best achievable
protection for coastal and marine the natural
resources of the state .
(c) (1) "Best achievable technology" means that technology that
provides the greatest degree of protection, taking into consideration
both of the following:
(A) Processes that are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development.
(B) Processes that are currently in use anywhere in the world.
(2) In determining what is the best achievable technology pursuant
to this chapter, the administrator shall consider the effectiveness
and engineering feasibility of the technology.
(d) "California oil spill contingency plan" means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7.
(d)
(e) "Dedicated response resources" means equipment and
personnel committed solely to oil spill response, containment, and
cleanup that are not used for any other activity that would adversely
affect the ability of that equipment and personnel to provide oil
spill response services in the timeframes for which the equipment and
personnel are rated.
(e) "Director" means the Director of Fish and Game.
(f) "Environmentally sensitive area" means an area defined
pursuant to the applicable area contingency plans or geographic
response plans , as created and revised by the Coast Guard
, the United States Environmental Protection Agency, and the
administrator.
(g) (1) "Facility" means any of the following located in state
waters or located where an oil spill may impact state waters:
(A) A building, structure, installation, or equipment used in oil
exploration, oil well drilling operations, oil production, oil
refining, oil storage, oil gathering, oil processing, oil transfer,
oil distribution, or oil transportation.
(B) A marine terminal.
(C) A pipeline that transports oil.
(D) A railroad that transports oil as cargo.
(E) A drill ship, semisubmersible drilling platform, jack-up type
drilling rig, or any other floating or temporary drilling platform.
(2) "Facility" does not include any of the following:
(A) A vessel, except a vessel located and used for any purpose
described in subparagraph (E) of paragraph (1).
(B) An owner or operator subject to Chapter 6.67 (commencing with
Section 25270) or Chapter 6.75 (commencing with Section 25299.10) of
Division 20 of the Health and Safety Code.
(C) Operations on a farm, nursery, logging site, or construction
site that are either of the following:
(i) Do not exceed 20,000 gallons in a single storage tank.
(ii) Have a useable tank storage capacity not exceeding 75,000
gallons.
(D) A small craft refueling dock.
(g) "Inland spill" means a release of at least one barrel (42
gallons) of oil into inland waters that is not authorized by any
federal, state, or local governmental entity.
(h) "Inland waters" means waters of the state other than marine
waters, but not including groundwater.
(i)
(h) "Local government" means a chartered or general law
city, a chartered or general law county, or a city and county.
(j) (1) "Marine facility" means any facility of any kind, other
than a tank ship or tank barge, that is or was used for the purposes
of exploring for, drilling for, producing, storing, handling,
transferring, processing, refining, or transporting oil and is
located in marine waters, or is located where a discharge could
impact marine waters unless the facility is either of the following:
(A) Subject to Chapter 6.67 (commencing with Section 25270) or
Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the
Health and Safety Code.
(B) Placed on a farm, nursery, logging site, or construction site
and does not exceed 20,000 gallons in a single storage tank.
(2) For the purposes of this chapter, "marine facility" includes a
drill ship, semisubmersible drilling platform, jack-up type drilling
rig, or any other floating or temporary drilling platform.
(3) For the purposes of this chapter, "marine facility" does not
include a small craft refueling dock.
(k)
(i) (1) "Marine terminal" means any marine
facility used for transferring oil to or from a tank ship
or tank barge.
(2) "Marine terminal" includes, for purposes of this chapter, all
piping not integrally connected to a tank facility, as defined in
subdivision (m) (n) of Section 25270.2
of the Health and Safety Code.
(l) "Marine waters" means those waters subject to tidal influence,
and includes the waterways used for waterborne commercial vessel
traffic to the Port of Sacramento and the Port of Stockton.
(m)
(j) "Mobile transfer unit" means a small
marine fueling facility that is a vehicle, truck, or
trailer, including all connecting hoses and piping, used for the
transferring of oil at a location where a discharge could impact
marine waters of the state .
(n)
(k) "Nondedicated response resources" means those
response resources identified by an Oil Spill Response Organization
for oil spill response activities that are not dedicated response
resources.
(o)
(l) "Nonpersistent oil" means a petroleum-based oil,
such as gasoline or jet fuel, that evaporates relatively quickly and
is an oil with hydrocarbon fractions, at least 50 percent of which,
by volume, distills at a temperature of 645 degrees Fahrenheit, and
at least 95 percent of which, by volume, distills at a temperature of
700 degrees Fahrenheit.
(p)
(m) "Nontank vessel" means a vessel of 300 gross tons
or greater that carries oil, but does not carry that oil as cargo.
(q)
(n) "Oil" means any kind of petroleum, liquid
hydrocarbons, or petroleum products or any fraction or residues
therefrom, including, but not limited to, crude oil, bunker fuel,
gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil
mixed with waste, and liquid distillates from unprocessed natural
gas.
(r)
(o) "Oil spill cleanup agent" means a chemical, or any
other substance, used for removing, dispersing, or otherwise cleaning
up oil or any residual products of petroleum in, or on, any of the
waters of the state.
(s)
(p) "Oil spill contingency plan" or "contingency plan"
means the oil spill contingency plan required pursuant to Article 5
(commencing with Section 8670.28).
(t)
(q) (1) "Oil Spill Response Organization" or "OSRO"
means an individual, organization, association, cooperative, or other
entity that provides, or intends to provide, equipment, personnel,
supplies, or other services directly related to oil spill
containment, cleanup, or removal activities.
(2) A "rated OSRO" means an OSRO that has received a satisfactory
rating from the administrator for a particular rating level
established pursuant to Section 8670.30.
(3)
(2) "OSRO" does not include an owner or operator with
an oil spill contingency plan approved by the administrator or an
entity that only provides spill
management services, or who provides services or
equipment that are only ancillary to containment, cleanup, or removal
activities.
(u) "Onshore facility" means a facility of any kind that is
located entirely on lands not covered by marine waters.
(v)
(r) (1) "Owner" or "operator" means any of the
following:
(A) In the case of a vessel, a person who owns, has an ownership
interest in, operates, charters by demise, or leases,
leases the vessel.
(B) In the case of a marine facility, a person
who owns, has an ownership interest in, or operates the
marine facility.
(C) Except as provided in subparagraph (D), in the case of a
vessel or marine facility, where title or control
was conveyed due to bankruptcy, foreclosure, tax delinquency,
abandonment, or similar means to an entity of state or local
government, a person who owned, held an ownership interest in,
operated, or otherwise controlled activities concerning the vessel or
marine facility immediately beforehand.
(D) An entity of the state or local government that acquired
ownership or control of a vessel or marine
facility, when the entity of the state or local government has caused
or contributed to a spill or discharge of oil into marine
waters of the state .
(2) "Owner" or "operator" does not include a person who, without
participating in the management of a vessel or marine
facility, holds indicia of ownership primarily to protect
the person's security interest in the vessel or marine
facility.
(3) "Operator" does not include a person who owns the land
underlying a marine facility or the facility
itself if the person is not involved in the operations of the
facility.
(w)
(s) "Person" means an individual, trust, firm, joint
stock company, or corporation, including, but not limited to, a
government corporation, partnership, and association. "Person" also
includes a city, county, city and county, district, and the state or
any department or agency thereof, and the federal government, or any
department or agency thereof, to the extent permitted by law.
(x)
(t) "Pipeline" means a pipeline used at any time to
transport oil.
(u) "Railroad" means a railroad, railway, rail car, rolling stock,
or train.
(v) "Rated OSRO" means an OSRO that has received a satisfactory
rating from the administrator for a particular rating level
established pursuant to Section 8670.30.
(y) "Reasonable worst case spill" means, for the purposes of
preparing contingency plans for a nontank vessel, the total volume of
the largest fuel tank on the nontank vessel.
(z)
(w) "Responsible party" or "party responsible" means
any of the following:
(1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
(2) The owner, operator, or lessee of, or a person that charters
by demise, a vessel or marine facility, or a
person or entity accepting responsibility for the vessel or
marine facility.
(aa)
(x) "Small craft" means a vessel, other than a tank
ship or tank barge, that is less than 20 meters in length.
(ab)
(y) "Small craft refueling dock" means a waterside
operation that dispenses only nonpersistent oil in bulk and small
amounts of persistent lubrication oil in containers primarily to
small craft and meets both of the following criteria:
(1) Has tank storage capacity not exceeding 20,000 gallons in any
single storage tank or tank compartment.
(2) Has total usable tank storage capacity not exceeding 75,000
gallons.
(ac)
(z) "Small marine fueling facility" means either of the
following:
(1) A mobile transfer unit.
(2) A fixed facility that is not a marine terminal, that dispenses
primarily nonpersistent oil, that may dispense small amounts of
persistent oil, primarily to small craft, and that meets all of the
following criteria:
(A) Has tank storage capacity greater than 20,000 gallons but not
more than 40,000 gallons in any single storage tank or storage tank
compartment.
(B) Has total usable tank storage capacity not exceeding 75,000
gallons.
(C) Had an annual throughput volume of over-the-water transfers of
oil that did not exceed 3,000,000 gallons during the most recent
preceding 12-month period.
(ad) "Spill" or "discharge"
(aa) "Spill," "discharge," or "oil spill"
means a release of at least one barrel (42 gallons)
any amount of oil into marine
waters of the state that is not authorized by a federal,
state, or local government entity.
(ae) "California oil spill contingency plan" means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7.
(af)
(ab) "Tank barge" means a vessel that carries oil in
commercial quantities as cargo but is not equipped with a means of
self-propulsion.
(ag)
(ac) "Tank ship" means a self-propelled vessel that is
constructed or adapted for the carriage of oil in bulk or in
commercial quantities as cargo.
(ah)
(ad) "Tank vessel" means a tank ship or tank barge.
(ai)
(ae) "Vessel" means a watercraft or ship of any kind,
including every structure adapted to be navigated from place to place
for the transportation of merchandise or persons.
(aj)
(af) "Vessel carrying oil as secondary cargo" means a
vessel that does not carry oil as a primary cargo, but does carry oil
in bulk as cargo or cargo residue
. The administrator may establish minimum oil volume
amounts or other criteria by regulations.
(ag) "Waters of the state" or "state waters" means any surface
water, including saline waters, marine waters, and freshwaters,
within the boundaries of the state but does not include groundwater.
This section shall become operative on January 1, 2012.
SEC. 7. Section 8670.5 of the
Government Code is amended to read:
8670.5. The Governor shall ensure that the state fully and
adequately responds to all oil spills in marine
waters o f the state . The administrator,
acting at the direction of the Governor, shall implement activities
relating to oil spill response, including drills and preparedness and
oil spill containment and cleanup. The administrator shall also
represent the state in any coordinated response efforts with the
federal government.
SEC. 8. Section 8670.7 of the
Government Code is amended to read:
8670.7. (a) The administrator, subject to the Governor, has the
primary authority to direct prevention, removal, abatement, response,
containment, and cleanup efforts with regard to all aspects of any
oil spill in the marine waters of the state, in
accordance with any applicable marine facility or
vessel contingency plan and the California oil spill contingency
plan. The administrator shall cooperate with any federal on-scene
coordinator, as specified in the National Contingency Plan.
(b) The administrator shall implement the California oil spill
contingency plan, required pursuant to Section 8574.1, to the fullest
extent possible.
(c) The administrator shall do both of the following:
(1) Be present at the location of any oil spill of more than
100,000 gallons in marine waters of the state
, as soon as possible after notice of the discharge.
(2) Ensure that persons trained in oil spill response and cleanup,
whether employed by the responsible party, the state, or another
private or public person or entity, are onsite to respond to,
contain, and clean up any oil spill in marine
waters of the state , as soon as possible after notice of
the discharge.
(d) Throughout the response and cleanup process, the administrator
shall apprise the air quality management district or air pollution
control district having jurisdiction over the area in which the oil
spill occurred and the local government entities
agencies that are affected by the spill.
(e) The administrator, with the assistance , as needed,
of the Office of the State Fire Marshal, the State Lands
Commission, or other state agency, and the federal
on-scene coordinator, shall determine the cause and amount of the
discharge.
(f) The administrator shall have the state authority over the use
of all response methods, including, but not limited to, in situ
burning, dispersants, and any oil spill cleanup agents in connection
with an oil discharge. The administrator shall consult with the
federal on-scene coordinator prior to exercising authority under this
subdivision.
(g) (1) The administrator shall conduct workshops, consistent with
the intent of this chapter, with the participation of appropriate
local, state, and federal agencies, including the State Air Resources
Board, air pollution control districts, and air
quality management districts, and affected private organizations, on
the subject of oil spill response technologies, including in situ
burning. The workshops shall review the latest research and findings
regarding the efficacy and toxicity of oil spill cleanup agents and
other technologies, their potential public health and safety and
environmental impacts, and any other relevant factors concerning
their use in oil spill response. In conducting these workshops, the
administrator shall solicit the views of all participating parties
concerning the use of these technologies, with particular attention
to any special considerations that apply to coastal areas and
marine waters of the state.
(2) The administrator shall publish guidelines and conduct
periodic reviews of the policies, procedures, and parameters for the
use of in situ burning, which may be implemented in the event of an
oil spill.
(h) (1) The administrator shall ensure that, as part of the
response to any significant spill, biologists or other personnel are
present and provided any support and funding necessary and
appropriate for the assessment of damages to natural resources and
for the collection of data and other evidence that may help in
determining and recovering damages.
(2) (A) The administrator shall coordinate all actions required by
state or local agencies to assess injury to, and provide full
mitigation for injury to, or to restore, rehabilitate, or replace,
natural resources, including wildlife, fisheries, wildlife or
fisheries habitat, and beaches , and
other coastal areas, that are damaged by an oil
spill. For purposes of this subparagraph, "actions required by state
or local agencies" include, but are not limited to, actions required
by state trustees under Section 1006 of the Oil Pollution Act of 1990
(33 U.S.C. Sec. 2706) and actions required pursuant to Section
8670.61.5.
(B) The responsible party shall be liable for all coordination
costs incurred by the administrator.
(3) This subdivision does not give the administrator any authority
to administer state or local laws or to limit the authority of
another state or local agency to implement and enforce state or local
laws under its jurisdiction, nor does this subdivision limit the
authority or duties of the administrator under this chapter or limit
the authority of an agency to enforce existing permits or permit
conditions.
(i) (1) The administrator shall enter into a memorandum of
understanding with the executive director of the State Water
Resources Control Board, acting for the State Water Resources Control
Board and the California regional water quality control boards, and
with the approval of the State Water Resources Control Board, to
address discharges, other than dispersants, that are incidental to,
or directly associated with, the response, containment, and cleanup
of an existing or threatened oil spill conducted pursuant to this
chapter.
(2) The memorandum of understanding entered into pursuant to
paragraph (1) shall address any permits, requirements, or
authorizations that are required for the specified discharges. The
memorandum of understanding shall be consistent with requirements
that protect state water quality and beneficial uses and with any
applicable provisions of the Porter-Cologne Water Quality Control Act
(Division 7 (commencing with Section 13000) of the Water Code) or
the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and shall
expedite efficient oil spill response.
(j) This section shall become effective on January 1, 2012.
SEC. 9. Section 8670.8 of the
Government Code is amended to read:
8670.8. (a) The administrator shall carry out programs to provide
training for individuals in response, containment, and cleanup
operations and equipment, equipment deployment, and the planning and
management of these programs. These programs may include training for
members of the California Conservation Corps, other response
personnel employed by the state, personnel employed by other public
entities, personnel from marine facilities, commercial fishermen and
other mariners, and interested members of the public. Training may be
offered for volunteers.
(b) The administrator may offer training to anyone who is required
to take part in response and cleanup efforts under the California
oil spill contingency plan or under local government contingency
plans prepared and approved under this chapter.
(c) Upon request by a local government, the administrator
shall may provide a program for training and
certification of a local emergency responder designated as a local
spill response manager by a local government with jurisdiction over
or directly adjacent to marine waters of the
state .
(d) Trained and certified local spill response managers shall
participate in all drills upon request of the administrator.
(e) As part of the training and certification program, the
administrator shall authorize a local spill response manager to train
and certify volunteers.
(f) In the event of an oil spill, local spill response managers
trained and certified pursuant to subdivision (c) shall provide the
state onscene coordinator with timely information on activities and
resources deployed by local government in response to the oil spill.
The local spill response manager shall cooperate with the
administrator and respond in a manner consistent with the area
contingency plan to the extent possible.
(g) Funding for activities undertaken pursuant to subdivisions (a)
to (c), inclusive, shall be from the Oil Spill Prevention and
Administration Fund created pursuant to Section 8670.38.
(h) All training provided by the administrator shall follow the
requirements of applicable federal and state occupational safety and
health standards adopted by the Occupational Safety and Health
Administration of the Department of Labor and the California
Occupational, Safety, Occupational Safety and
Health Standards Board.
SEC. 10. Section 8670.8.3 of the
Government Code is amended to read:
8670.8.3. The administrator shall may
offer grants to a local government with jurisdiction over or
directly adjacent to marine waters of the
state to provide oil spill response equipment to be deployed by
a local spill response manager certified pursuant to Section 8670.8.
The administrator shall may request
the Legislature to appropriate funds from the Oil Spill Prevention
and Administration Fund created pursuant to Section 8670.38 for the
purposes of this section.
SEC. 11. Section 8670.8.5 of the
Government Code is amended to read:
8670.8.5. The administrator may use volunteer workers in
response, containment, restoration, wildlife rehabilitation, and
cleanup efforts for oil spills in marine waters
of the state . The volunteers shall be deemed employees of
the state for the purpose of workers' compensation under Article 2
(commencing with Section 3350) of Chapter 2 of Part 1 of Division 4
of the Labor Code. Any payments for workers' compensation pursuant to
this section shall be made from the Oil Spill Response Trust Fund
created pursuant to Section 8670.46.
SEC. 12. Section 8670.9 of the
Government Code is amended to read:
8670.9. (a) The administrator shall enter into discussions on
behalf of the state with the States of Alaska, Hawaii, Oregon, and
Washington, for the purpose of developing interstate agreements
regarding oil spill prevention and response. The agreements shall
address, including, but not limited to, all of the following:
(1) Coordination of vessel safety and traffic.
(2) Spill prevention equipment and response required on
tank ships and tank barges and at terminals vessels
and at facilities .
(3) The availability of oil spill response and cleanup equipment
and personnel.
(4) Other matters that may relate to the transport of oil and oil
spill prevention, response, and cleanup.
(b) The administrator shall coordinate the development of these
agreements with the Coast Guard, the Province of British Columbia in
Canada, and the Republic of Mexico.
SEC. 13. Section 8670.12 of the
Government Code is amended to read:
8670.12. (a) The administrator shall conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in marine
waters of the state and marine
oil transportation systems. The administrator may expend
moneys from the Oil Spill Prevention and Administration Fund created
pursuant to Section 8670.38, enter into consultation agreements, and
acquire necessary equipment and services for the purpose of carrying
out these studies and evaluations.
(b) The administrator shall study the use and effects of
dispersants, incineration, bioremediation, and any other methods used
to respond to a spill. The study shall periodically be updated to
ensure the best achievable protection from the use of those methods.
Based upon substantial evidence in the record, the administrator may
determine in individual cases that best achievable protection is
provided by establishing requirements which
that provide the greatest degree of protection achievable
without imposing costs which that
significantly outweigh the incremental protection that would
otherwise be provided. The studies shall do all of the following:
(1) Evaluate the effectiveness of dispersants and other chemical
agents in oil spill response under varying environmental conditions.
(2) Evaluate potential adverse impacts on the environment and
public health including, but not limited to, adverse toxic impacts on
water quality, fisheries, and wildlife with consideration to
bioaccumulation and synergistic impacts, and the potential for human
exposure, including skin contact and consumption of contaminated
seafood.
(3) Recommend appropriate uses and limitations on the use of
dispersants and other chemical agents to ensure they are used only in
situations where the administrator determines they are effective and
safe.
(c) The administrator shall evaluate the feasibility of using
commercial fishermen and other mariners for oil spill containment and
cleanup. The study shall examine the following:
(1) Equipment and technology needs.
(2) Coordination with private response personnel.
(3) Liability and insurance.
(4) Compensation.
(d) The studies shall be performed in conjunction with any studies
performed by federal, state, and international entities. The
administrator may enter into contracts for the studies.
SEC. 14. Section 8670.14 of the
Government Code is amended to read:
8670.14. The administrator shall coordinate the oil spill
prevention and response programs and marine
facility, tank vessel, and nontank vessel safety standards of the
state with federal programs as appropriate and to the
maximum extent possible.
SEC. 15. Section 8670.19 of the
Government Code is amended to read:
8670.19. (a) The administrator shall periodically conduct a
comprehensive review of all oil spill contingency plans. The
administrator shall do both of the following:
(1) Segment the coast into appropriate areas as necessary.
(2) Evaluate the oil spill contingency plans for each area to
determine if deficiencies exist in equipment, personnel, training,
and any other area determined to be necessary, including those
response resources properly authorized for cascading into the area,
to ensure the best achievable protection of the coastline,
set forth in the California oil spill contingency plan, including the
marine oil spill contingency planning section state
waters from oil spills .
(b) If the administrator finds that deficiencies exist, the
administrator shall, by the process set forth in Section 8670.31,
remand any oil spill contingency plans to the originating party with
recommendations for amendments necessary to ensure that the
coastline is waters of the state are protected.
SEC. 16. Section 8670.25 of the
Government Code is amended to read:
8670.25. (a) A person who, without regard to intent or
negligence, causes or permits any oil to be discharged in or on the
marine waters or inland waters of the state shall
immediately contain, clean up, and remove the oil in the most
effective manner that minimizes environmental damage and in
accordance with the applicable contingency plans, unless ordered
otherwise by the Coast Guard or the administrator.
(b) If there is a spill, an owner or operator shall comply with
the applicable oil spill contingency plan approved by the
administrator.
SEC. 17. Section 8670.25.5 of the
Government Code is amended to read:
8670.25.5. (a) (1) Without regard to intent or negligence, any
party responsible for the discharge or threatened discharge of oil in
marine waters of the state shall
report the discharge immediately to the Office of Emergency Services
pursuant to Section 25507 25510 of the
Health and Safety Code.
(2) If the information initially reported pursuant to paragraph
(1) was inaccurate or incomplete, or if the quantity of oil
discharged has changed, any party responsible for the discharge or
threatened discharge of oil in marine waters
of the state shall report the updated information immediately
to the Office of Emergency Services pursuant to paragraph (1). The
report shall contain the accurate or complete information, or the
revised quantity of oil discharged.
(b) Immediately upon receiving notification pursuant to
subdivision (a), the Office of Emergency Services shall notify the
administrator, the State Lands Commission, the California Coastal
Commission, the California regional water quality control board
having jurisdiction over the location of the discharged oil, and the
appropriate local governmental agencies in the area surrounding the
discharged oil, and take the actions required by subdivision (d) of
Section 8589.7. If the spill has occurred within the jurisdiction of
the San Francisco Bay Conservation and Development Commission, the
Office of Emergency Services shall notify that commission. Each
public agency specified in this subdivision shall adopt an internal
protocol over communications regarding the discharge of oil and file
the internal protocol with the Office of Emergency Services.
(c) The 24-hour emergency telephone number of the Office of
Emergency Services shall be posted at every railroad dispatch,
pipeline operator control center, marine terminal, at the area
of control of every marine facility, and on the bridge of every
tankship in marine waters.
(d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil unless a more
restrictive reporting standard is adopted in the California oil
spill contingency plan prepared pursuant to Section 8574.1.
(e)
(d) Except as otherwise provided in this section and
Section 8589.7, a notification made pursuant to this section shall
satisfy any immediate notification requirement contained in any
permit issued by a permitting agency.
SEC. 18. Section 8670.26 of the
Government Code is amended to read:
8670.26. Any local or state agency responding to a spill
of an oil spill shall notify the
Office of Emergency Services, if notification as
is required under Section 8670.25.5, Section 13272 of the
Water Code, or any other notification procedure adopted in the
California oil spill contingency plan has not occurred.
SEC. 19. Section 8670.27 of the
Government Code is amended to read:
8670.27. (a) (1) All potentially responsible parties for
discharged an oil spill and all of
their agents and employees and all state and local agencies shall
carry out response and cleanup operations in accordance with the
applicable contingency plan, unless directed otherwise by the
administrator or the Coast Guard.
(2) Except as provided in subdivision (b), the responsible party,
potentially responsible parties, their agents and employees, the
operators of all vessels docked at a marine facility that is the
source of a discharge, and all state and local agencies shall carry
out spill response consistent with the California oil spill
contingency plan or other applicable federal, state, or local spill
response plans, and owners and operators shall carry out spill
response consistent with their applicable response contingency plans,
unless directed otherwise by the administrator or the Coast Guard.
(b) If a responsible party or potentially responsible party
reasonably, and in good faith, believes that the directions or orders
given by the administrator pursuant to subdivision (a) will
substantially endanger the public safety or the environment, the
party may refuse to act in compliance with the orders or directions
of the administrator. The responsible party or potentially
responsible party shall state, at the time of the refusal, the
reasons why the party refuses to follow the orders or directions of
the administrator. The responsible party or potentially responsible
party shall give the administrator written notice of the reasons for
the refusal within 48 hours of refusing to follow the orders or
directions of the administrator. In any civil or criminal proceeding
commenced pursuant to this section, the burden of proof shall be on
the responsible party or potentially responsible party to
demonstrate, by clear and
convincing evidence, why the refusal to follow the orders or
directions of the administrator was justified under the
circumstances.
SEC. 20. 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 Office of the
State Fire Marshal, and the California
Coastal Commission , and other state and federal agencies,
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
waters and natural resources of the state . 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 state
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 area 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 not be 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 , as determined
by the administrator, 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 which
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.
However, for a nontank vessel, the reasonable worst case is a
spill of the total volume of the largest fuel tank on the nontank
vessel.
(11) Each oil spill contingency plan includes a timetable for
implementing the plan.
(12)
(11) 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
review by the Office of Administrative Law review
.
(f) This section shall become effective on January 1, 2012.
SEC. 21. Section 8670.29 of the
Government Code is amended to read:
8670.29. (a) In accordance with the rules, regulations, and
policies established by the administrator pursuant to Section
8670.28, an owner or operator of a marine
facility, small marine fueling facility, or mobile transfer unit,
prior to operating in the marine waters of the state or
where an oil spill could impact marine waters; and or
an owner or operator of a tank vessel, nontank vessel, or
vessel carrying oil as secondary cargo, before
while operating in the marine waters of
the state or where a spill could impact waters of the state
, shall prepare and implement have
an oil spill contingency plan that has been submitted to, and
approved by, the administrator pursuant to Section 8670.31. An oil
spill contingency plan shall ensure the undertaking of prompt and
adequate response and removal action in case of an oil
a spill, shall be consistent with the California
oil spill contingency plan, and shall not conflict with the National
Oil and Hazardous Substances Pollution Contingency Plan (NCP) ,
Part 300 of Title 40 of the Code of Federal
Regulations .
(b) An oil spill contingency plan shall, at a minimum, meet all of
the following requirements:
(1) Be a written document, reviewed for feasibility and
executability, and signed by the owner or operator, or their
his or her designee.
(2) Provide for the use of an incident command system to be used
during a spill.
(3) Provide procedures for reporting oil spills to local, state,
and federal agencies, and include a list of contacts to call in the
event of a drill, threatened spill, or spill.
(4) Describe the communication plans to be used during a spill
, if different from those used by a recognized incident command
system .
(5) Describe the strategies for the protection of environmentally
sensitive areas.
(6) Identify at least one rated OSRO for each rating level
established pursuant to Section 8670.30. Each identified rated OSRO
shall be directly responsible by contract, agreement, or other
approved means to provide oil spill response activities pursuant to
the oil spill contingency plan. A rated OSRO may provide oil spill
response activities individually, or in combination with another
rated OSRO, for a particular owner or operator.
(7) Identify a qualified individual.
(8) Provide the name, address, and telephone and facsimile numbers
for an agent for service of process, located within the state and
designated to receive legal documents on behalf of the owner or
operator.
(9) Provide for training and drills on elements of the plan at
least annually, with all elements of the plan subject to a drill at
least once every three years.
(c) An oil spill contingency plan for a vessel shall also include,
but is not limited to, all of the following requirements:
(1) The plan shall be submitted to the administrator at least
seven days prior to the vessel entering waters of the state.
(2) The plan shall provide evidence of compliance with the
International Safety Management Code, established by the
International Maritime Organization, as applicable.
(3) If the oil spill contingency plan is for a tank vessel, the
plan shall include both of the following:
(A) The plan shall specify oil and petroleum cargo capacity.
(B) The plan shall specify the types of oil and petroleum cargo
carried.
(4) If the oil spill contingency plan is for a nontank vessel, the
plan shall include both of the following:
(A) The plan shall specify the type and total amount of fuel
carried.
(B) The plan shall specify the capacity of the largest fuel tank.
(d) An oil spill contingency plan for a marine
facility shall also include, but is not limited to, all of the
following provisions , as appropriate :
(1) Provisions for site security and control.
(2) Provisions for emergency medical treatment and first aid.
(3) Provisions for safety training, as required by state and
federal safety laws for all personnel likely to be engaged in oil
spill response.
(4) Provisions detailing site layout and locations of
environmentally sensitive areas requiring special protection.
(5) Provisions for vessels that are in the operational control of
the facility for loading and unloading.
(e) Unless preempted by federal law or regulations, an oil spill
contingency plan for a railroad also shall include, but is not
limited to, all of the following:
(1) A list of the types of train cars that may make up the
consist.
(2) A list of the types of oil and petroleum products that may be
transported.
(3) A map of track routes and facilities.
(4) A list, description, and map of any prestaged spill response
equipment and personnel for deployment of the equipment.
(e)
(f) The oil spill contingency plan shall be available
to response personnel and to relevant state and federal agencies for
inspection and review.
(f)
(g) The oil spill contingency plan shall be reviewed
periodically and updated as necessary. All updates shall be submitted
to the administrator pursuant to this article.
(g)
(h) In addition to the regulations adopted pursuant to
Section 8670.28, the administrator shall adopt regulations and
guidelines to implement this section. The regulations and guidelines
shall provide for the best achievable protection of coastal
and marine waters and natural resources of
the state . The administrator may establish additional oil
spill contingency plan requirements, including, but not limited to,
requirements based on the different geographic regions of the state.
All regulations and guidelines shall be developed in consultation
with the Oil Spill Technical Advisory Committee.
(h) This section shall become operative on January 1, 2012.
(i) Notwithstanding subdivision (a) and paragraph (6) of
subdivision (b), a vessel or facility operating where a spill could
impact state waters that are not tidally influenced does not have to
identify a rated OSRO in the contingency plan until January 1, 2016.
SEC. 22. Section 8670.30.5 of the
Government Code is amended to read:
8670.30.5. (a) The administrator may review each oil spill
contingency plan that has been approved pursuant to Section 8670.29
to determine whether it complies with Sections 8670.28 and 8670.29.
(b) If the administrator finds the approved oil spill contingency
plan is deficient, the plan shall be returned to the operator with
written reasons why the approved plan was found inadequate and, if
practicable, suggested modifications or alternatives. The operator
shall submit a new or modified plan within 90
30 days that responds to the deficiencies identified by the
administrator.
SEC. 23. 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 for review and
approval .
(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. The administrator may issue a preliminary approval
pending final approval or disapproval.
(c) Each contingency plan submitted shall be approved or
disapproved within 180 30 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).
(d) 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
30 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). Failure to
gain approval after the second submission may be determined by the
administrator to be a violation of this chapter.
(e) The administrator may make inspections and require drills of
any oil spill contingency plan that is submitted.
(f) 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) (1) Each owner or
operator of a tank vessel, nontank 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 , for informational purposes only and
upon request of the administrator, 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. 24. Section 8670.32 of the
Government Code is amended to read:
8670.32. (a) To reduce the risk of an oil spill as a result of
fuel, cargo, and lube oil transfers, the administrator shall develop
and implement a screening mechanism and a comprehensive risk-based
monitoring program for inspecting the bunkering and lightering
operations of vessels at anchor and alongside a dock. This program
shall identify those bunkering and lightering operations that pose
the highest risk of a pollution incident.
(b) The administrator shall ensure that all bunkering and
lightering operations that, pursuant to subdivision (a), pose the
highest risk of a pollution incident are routinely monitored and
inspected. The administrator shall coordinate the monitoring and
inspection program with the United States Coast
Guard.
(c) The administrator shall establish regulations to provide for
the best achievable protection during bunkering and lightering
operations in the marine environment .
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 25. Section 8670.33 of the
Government Code is amended to read:
8670.33. (a) If the operator of a tank ship or tank barge for
which a contingency plan has not been approved desires to have the
tank ship or tank barge enter marine waters of the
state, the administrator may give approval by telephone or facsimile
machine for the entry of the tank ship or tank barge into
marine waters of the state under an approved
contingency plan applicable to a terminal or tank ship, if all of the
following are met:
(1) The terminal or tank ship is the destination of the tank ship
or tank barge.
(2) The operator of the terminal or the tank ship provides the
administrator advance written assurance that the operator assumes all
responsibility for the operations of the tank ship or tank barge
while it is in marine waters of the state
traveling to or from the terminal. The assurance may be
delivered by hand or by mail or may be sent by facsimile machine,
followed by delivery of the original.
(3) The approved terminal or tank ship contingency plan includes
all conditions the administrator requires for the operations of tank
ship or tank barges traveling to and from the terminal.
(4) The tank ship or tank barge and its operations meet all
requirements of the contingency plan for the tank ship or terminal
that is the destination of the tank ship or tank barge.
(5) The tank ship or tank barge without an approved contingency
plan has not entered marine waters of the
state more than once in the 12-month period preceding the
request made under this section.
(b) At all times that a tank ship or tank barge is in
marine waters of the state pursuant to
subdivision (a), its operators and all their agents and employees
shall operate the vessel in accordance with the applicable operations
manual or, if there is an oil spill, in accordance with the
directions of the administrator and the applicable contingency plan.
SEC. 26. Section 8670.34 of the
Government Code is amended to read:
8670.34. This article shall not apply to any tank vessel, nontank
vessel, or vessel carrying oil as a secondary cargo that enters
marine waters of the state because of imminent
danger to the lives of crew members or if entering marine
waters of the state will substantially aid in preventing an
oil spill or other harm to public safety or the environment, if the
operators of the tank vessel, nontank vessel, or vessel carrying oil
as a secondary cargo comply with all of the following:
(a) The operators or crew of the tank vessel, nontank vessel, or
vessel carrying oil as a secondary cargo complies
comply at all times with all orders and directions given
by the administrator, or his or her designee, while the tank vessel,
nontank vessel, or vessel carrying oil as a secondary cargo is in
marine waters of the state, unless the orders or
directions are contradicted by orders or directions of the Coast
Guard.
(b) Except for fuel, oil may be transferred to or from the tank
vessel, nontank vessel, or vessel carrying oil as a secondary cargo
while it is in marine waters of the state only if
permission is obtained for the transfer of oil and one of the
following conditions is met:
(1) The transfer is necessary for the safety of the crew.
(2) The transfer is necessary to prevent harm to public safety or
the environment.
(3) An oil spill contingency plan is approved or made applicable
to the tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo, under subdivision (c).
(c) The tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo shall leave the marine waters of
the state as soon as it may do so without imminent risk of harm to
the crew, public safety, or the environment, unless an oil spill
contingency plan is approved or made applicable to it under this
article.
SEC. 27. 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 local government The administrator
may offer, to a unified program agency with jurisdiction over
or directly adjacent to marine waters may
apply for of the state, a grant to complete,
update, or revise an oil spill contingency plan
element of the area plan .
(c) Each contingency plan oil spill
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 oil spill
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 If a grant is awarded, the
administrator shall review and approve each contingency plan
oil spill element established pursuant to this
section. If, upon review, the administrator determines that the
contingency plan oil spill 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 unified program agency shall submit a
new or modified plan element within 90
days after the plan element was
returned, responding to the findings and incorporating any suggested
modifications.
(f) The administrator shall review the preparedness of
local governments unified program agencies 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. 28. Section 8670.36 of the
Government Code is amended to read:
8670.36. (a) The
administrator shall, within five working days after receipt of a
contingency plan prepared pursuant to Section 8670.28 or 8670.35,
send post a notice that the plan is
available for review to the Oil Spill Technical Advisory
Committee . The administrator shall send a copy of the plan
within two working days after receiving a request from the Oil Spill
Technical Advisory Committee. The State Lands Commission and the
California Coastal Commission shall review the plans for facilities
or local governments within the coastal zone. The San Francisco Bay
Conservation and Development Commission shall review the plans for
marine facilities or local governments within the
area described in Sections 66610 and 29101 of the Public Resources
Code. Any state agency or committee that comments shall submit its
comments to the administrator within 60 15
days of receipt of the plan. The administrator shall consider
all comments in approving or disapproving the plan
.
(b) This section shall become operative on January 1, 2012.
SEC. 29. Section 8670.37 of the
Government Code is amended to read:
8670.37. (a) The administrator, with the assistance of the State
Lands Commission, the California Coastal Commission, and
the executive director of the San Francisco Bay
Conservation and Development Commission, or other appropriate
agency, shall carry out studies with regard to improvements to
contingency planning and oil spill response equipment and operations.
(b) To the greatest extent possible, these studies shall be
coordinated with studies being done by the federal government, and
other appropriate state and international entities, and duplication
with the efforts of other entities shall be minimized.
(c) The
administrator, the State Lands Commission, the California Coastal
Commission, and the Executive Director
executive director of the San Francisco Bay
Conservation and Development Commission, or other appropriate
agency may be reimbursed for all costs incurred in carrying out
the studies under this section from the Oil Spill Prevention and
Administration Fund.
SEC. 30. Section 8 670.37.5 of the
Government Code is amended to read:
8670.37.5. (a) The administrator shall establish a network of
rescue and rehabilitation stations for sea birds,
wildlife injured by oil spills, including sea
otters, otters and other marine mammals. In
addition to rehabilitative care, the primary focus of the Oiled
Wildlife Care Network shall include proactive oiled wildlife search
and collection rescue efforts. These facilities shall be established
and maintained in a state of preparedness to provide the best
achievable treatment for marine mammals
wildlife, mammals, and birds affected by an oil spill in
marine waters of the state . The
administrator shall consider all feasible management alternatives for
operation of the network.
(b) (1) The first rescue and rehabilitation
station established pursuant to this section shall be located within
the sea otter range on the central coast. The administrator
initially shall establish regional oiled wildlife rescue and
rehabilitation facilities in the Los Angeles Harbor area, the San
Francisco Bay area, the San Diego area, the Monterey Bay area, the
Humboldt County area, and the Santa Barbara area , and
. The administrator also may establish
those facilities in other coastal areas
of the state as the administrator determines to be necessary.
One
(2) One or more of the oiled
wildlife rescue and rehabilitation stations shall be open to the
public for educational purposes and shall be available for
marine wildlife health research. Wherever possible in the
establishment of these facilities, the administrator shall improve
existing authorized marine mammal rehabilitation
facilities and may expand or take advantage of existing educational
or scientific programs and institutions for oiled wildlife
rehabilitation purposes. Expenditures shall be reviewed by the
agencies and organizations specified in subdivision (c).
(c) The administrator shall consult with the United States Fish
and Wildlife Service, the National Marine Fisheries Service, the
California Coastal Commission, the Executive Director
executive director of the San Francisco Bay
Conservation and Development Commission, the Marine Mammal Center,
and the International Bird Rescue Center
in the design, planning, construction, and operation of the
rescue and rehabilitation stations. All proposals for the rescue and
rehabilitation stations shall be presented before a public hearing
prior to the construction and operation of any rehabilitation
station, and, upon completion of the coastal protection element of
the California oil spill contingency plan, shall be consistent with
the coastal protection element.
(d) The administrator may enter into agreements with nonprofit
organizations to establish and equip wildlife rescue and
rehabilitation stations and to ensure that they are operated in a
professional manner in keeping with the pertinent guidance documents
issued by the Office of Spill Prevention and Response in the
Department of Fish and Game administrator . The
implementation of the agreement shall not constitute a California
public works project. The agreement shall be deemed a contract for
wildlife rehabilitation as authorized by Section 8670.61.5.
(e) In the event of a spill, the responsible party may request
that the administrator perform the rescue and rehabilitation of oiled
wildlife required of the responsible party pursuant to this chapter
if the responsible party and the administrator enter into an
agreement for the reimbursement of the administrator's costs incurred
in taking the requested action. If the administrator performs the
rescue and rehabilitation of oiled wildlife, the administrator shall
primarily utilize the network of rescue and rehabilitation stations
established pursuant to subdivision (a), unless more immediate care
is required. Any of those activities conducted pursuant to this
section or Section 8670.56.5 or 8670.61.5 shall be performed under
the direction of the administrator. This subdivision does not remove
the responsible party from liability for the costs of, nor
or the responsibility for, the rescue and
rehabilitation of oiled wildlife, as established by this chapter.
This subdivision does not prohibit an owner or operator from
retaining, in a contingency plan prepared pursuant to this article,
wildlife rescue and rehabilitation services different from the rescue
and rehabilitation stations established pursuant to this section.
(f) (1) The administrator shall appoint a rescue and
rehabilitation advisory board to advise the administrator regarding
operation of the network of rescue and rehabilitation stations
established pursuant to subdivision (a), including the economic
operation and maintenance of the network. For the purpose of
assisting the administrator in determining what constitutes the best
achievable treatment for oiled wildlife, the advisory board shall
provide recommendations to the administrator on the care achieved by
current standard treatment methods, new or alternative treatment
methods, the costs of treatment methods, and any other information
that the advisory board believes that the administrator might find
useful in making that determination. The administrator shall consult
with the advisory board in preparing the administrator's submission
to the Legislature pursuant to subparagraph (A) of paragraph
(2) of subdivision ( l ) of Section
8670.48 subdivision (a) of Section 8670.40.5 .
The administrator shall present the recommendations of the advisory
board to the Oil Spill Technical Advisory Committee created pursuant
to Article 8 (commencing with Section 8670.54), upon the request of
the committee.
(2) The advisory board shall consist of a balance between
representatives of the oil industry, wildlife rehabilitation
organizations, and academia. One academic representative shall be
from a veterinary school within this state. The United States Fish
and Wildlife Service and the National Marine Fisheries Service shall
be requested to participate as ex officio members.
(3) (A) The Legislature hereby finds and declares that since the
administrator may rely on the expertise provided by the volunteer
members of the advisory board and may be guided by their
recommendations in making decisions that relate to the operation of
the network of rescue and rehabilitation stations, those members
should be entitled to the same immunity from liability that is
provided other public employees.
(B) Members of the advisory board, while performing functions
within the scope of advisory board duties, shall be entitled to the
same rights and immunities granted public employees by Article 3
(commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6
of Title 1. Those rights and immunities are deemed to have attached,
and shall attach, as of the date of appointment of the member to the
advisory board.
(g) The administrator shall ensure the state's ability to prevent
the contamination of wildlife and to identify, collect, rescue, and
treat oiled wildlife through all of the following:
(1) Providing for the recruitment and training of an adequate
network of wildlife specialists and volunteers from Oiled Wildlife
Care Network participant organizations who can be called into
immediate action in the event of an oil spill to assist in the field
with collection of live oiled wildlife. The training shall include a
process for certification of trained volunteers and renewal of
certifications. The initial wildlife rescue training shall include
field experience in species identification and appropriate field
collection techniques for species at risk in different spills. In
addition to training in wildlife rescue, the administrator shall
provide for appropriate hazardous materials training for new
volunteers and contract personnel, with refresher courses offered as
necessary to allow for continual readiness of search and collection
teams. The Office of Spill Prevention and Response in the
Department of Fish and Game is not required Moneys in
the Oil Spill Prevention and Administration Fund shall not be
used to reimburse volunteers for time or travel associated
with required wildlife rescue or hazardous materials
training.
(2) Developing and implementing a plan for the provision of
emergency equipment for wildlife rescue in strategic locations to
facilitate ready deployment in the case of an oil spill. The
administrator shall ensure that the equipment identified as necessary
in his or her wildlife response plan is available and deployed in a
timely manner to assist in providing the best achievable protection
and collection efforts.
(3) Developing the capacity of the Oiled Wildlife Care Network to
recruit and train an adequate field team for collection of live oiled
wildlife, as specified in paragraph (1), by providing staffing for
field operations, coordination, and volunteer outreach for the Oiled
Wildlife Care Network. The duties of the field operations and
volunteer outreach staff shall include recruitment and coordination
of additional participation in the Oiled Wildlife Care Network by
other existing organizations with experience and expertise in
wildlife rescue and handling, including scientific organizations,
educational institutions, public agencies, and nonprofit
organizations dedicated to wildlife conservation, and recruitment,
training, and supervision of volunteers from Oiled Wildlife Care
Network participating organizations.
(4) Ensuring that qualified persons with experience and expertise
in wildlife rescue are assigned to oversee and supervise wildlife
recovery search and collection efforts, as specified in the
administrator's wildlife response plan. The administrator shall
provide for and ensure that all persons involved in field collection
of oiled wildlife receive training in search and capture techniques
and hazardous materials certification, as appropriate.
SEC. 31. Section 8670.37.51 of the
Government Code is amended to read:
8670.37.51. (a) No A tank vessel or
vessel carrying oil as a secondary cargo may
shall not be used to transport oil across marine
waters of the state unless the owner or operator
has applied for and obtained a certificate of financial
responsibility issued by the administrator for that vessel or for the
owner of all of the oil contained in and to be transferred to or
from that vessel.
(b) No An operator of a marine
terminal within the state may shall not
transfer oil to or from a tank vessel or vessel carrying oil as a
secondary cargo unless the operator of the marine terminal has
received a copy of a certificate of financial responsibility issued
by the administrator for the operator of that vessel or for all of
the oil contained in and to be transferred to or from that vessel.
(c) No An operator of a marine
terminal within the state may shall not
transfer oil to or from any vessel that is or is intended to be used
for transporting oil as cargo to or from a second vessel unless the
operator of the marine terminal has first received a copy of a
certificate of financial responsibility issued by the administrator
for the person responsible for both the first and second vessels or
all of the oil contained in both vessels, as well as all the oil to
be transferred to or from both vessels.
(d) No person operate a marine facility unless the owner
or operator of the marine facility has first obtained
An owner or operator of a facility where a spill could
impact waters of the state shall apply for and obtain a
certificate of financial responsibility from
issued by the administrator for the marine
facility or the oil to be handled, stored, or transported by the
facility .
(e) No tank vessel or vessel carrying oil as a secondary cargo may
be used to transport oil across marine waters of the state unless,
at least 24 hours prior to the transport, the administrator has
received both of the following:
(1) A copy of a certificate applicable to that vessel or to all of
the oil in that vessel at all times during transport.
(2) A copy of a written statement by the holder of the applicable
certificate authorizing its application to the vessel.
(e) Pursuant to Section 8670.37.58, nontank vessels shall obtain a
certificate of financial responsibility.
SEC. 32. Section 8670.37.52 of the
Government Code is amended to read:
8670.37.52. The certificate of financial responsibility shall be
conclusive evidence that the person or entity holding the certificate
is the party responsible for the specified vessel, marine
facility, or oil for purposes of determining liability
pursuant to this chapter.
SEC. 33. Section 8670.37.53 of the
Government Code is amended to read:
8670.37.53. (a) To receive a certificate of financial
responsibility for a tank vessel or for all of the oil contained
within such a that vessel, the
applicant shall demonstrate to the satisfaction of the administrator
the financial ability to pay at least one billion dollars
($1,000,000,000) for any damages that may arise during the term of
the certificate.
(b) The administrator may establish a lower standard of financial
responsibility for small tank barges, vessels carrying oil as a
secondary cargo, and small marine fueling facilities. The standard
shall be based on the quantity of oil that can be carried or stored
and the risk of spill into marine waters of
the state . The administrator shall not set a standard that is
less than the expected costs from a reasonable worst case oil spill
into marine waters of the state .
(c)(1)
(c) (1) To receive a
certificate of financial responsibility for a marine
facility, the applicant shall demonstrate to the
satisfaction of the administrator the financial ability to pay for
any damages that might arise during a reasonable worst case oil spill
into marine waters of the state that
results from the operations of the marine
facility. The administrator shall consider criteria including, but
not necessarily limited to, the amount of oil that could be spilled
into marine waters of the state from
the facility, the cost of cleaning up spilled oil, the frequency of
operations at the facility, and the damages that could result from a
spill.
(2) The administrator may issue a certificate for a marine
facility upon a lesser showing of financial resources for a period of
not longer than three years if the administrator finds all of the
following:
(A) The marine facility was operating on January 1, 1991.
(B) Continued operation is necessary to finance abandonment of the
marine facility.
(C) The financial resources the operator is able to demonstrate
are reasonably sufficient to cover the damages from foreseeable
spills from the facility.
(2) The administrator shall adopt regulations to implement this
section.
SEC. 34. Section 8670.37.55 of the
Government Code is amended to read:
8670.37.55. (a) An owner or operator of more than one tank
vessel, vessel carrying oil as a secondary cargo, nontank vessel, or
marine facility shall only be required to obtain
one certificate of financial responsibility for all of those vessels
and marine facilities owned or operated.
(b) If a person holds a certificate for more than one tank vessel,
vessel carrying oil as a secondary cargo, nontank vessel, or
marine facility and a spill or spills occurs from
one or more of those vessels or marine facilities
for which the owner or operator may be liable for damages in an
amount exceeding 5 percent of the financial resources reflected by
the certificate, as determined by the administrator, the certificate
shall immediately be considered inapplicable to any vessel or
marine facility not associated with the spill. In
that event, the owner or operator shall demonstrate to the
satisfaction of the administrator the amount of financial ability
required pursuant to this article, as well as the financial ability
to pay all damages that arise or have arisen from the spill or spills
which that have occurred.
SEC. 35. Section 8670.37.58 of the
Government Code is amended to read:
8670.37.58. (a) A nontank vessel required to have a
contingency plan pursuant to this chapter shall not enter
marine waters of the state unless the nontank
vessel owner or operator has provided to the administrator evidence
of financial responsibility that demonstrates, to the administrator's
satisfaction, the ability to pay at least three hundred million
dollars ($300,000,000) to cover damages caused by a spill, and the
owner or operator of the nontank vessel has obtained a certificate of
financial responsibility from the administrator for the nontank
vessel.
(b) Notwithstanding subdivision (a), the administrator may
establish a lower standard of financial responsibility for a nontank
vessel that has a carrying capacity of 6,500 barrels of oil or less,
or for a nontank vessel that is owned and operated by California or a
federal agency and has a carrying capacity of 7,500 barrels of oil
or less. The standard shall be based upon the quantity of oil that
can be carried by the nontank vessel and the risk of an oil spill
into marine waters of the state . The
administrator shall not set a standard that is less than the expected
cleanup costs and damages from an oil spill into marine
waters of the state .
(c) The administrator may adopt regulations to implement this
section.
SEC. 36. Section 8670.40 of the
Government Code is amended to re ad:
8670.40. (a) The State Board of Equalization shall collect a fee
in an amount annually determined by the administrator to
be sufficient to pay the reasonable regulatory costs to
carry out the purposes set forth in subdivision (e), and a reasonable
reserve for contingencies. The annual assessment shall not
exceed six and one-half cents ($0.065) per barrel of crude oil or
petroleum products. Beginning January 1, 2015, the annual assessment
shall not exceed five cents ($0.05) per barrel of crude oil or
petroleum products The oil spill prevention and
administration fee shall be based on each barrel of crude oil or
petroleum products, as described in subdivision (b) .
(b) (1) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time that the
crude oil is received at a marine terminal , by any mode
of delivery that passed over, across, under, or through waters of the
state, from within or outside the state, and upon a person who
owns petroleum products at the time that those petroleum products
are received at a marine terminal , by any mode of delivery that
passed over, across, under, or through waters of the state,
from outside this state. The fee shall be collected by the marine
terminal operator from the owner of the crude oil or petroleum
products based on for each barrel of
crude oil or petroleum products so received by means of a
vessel operating in, through, or across the marine waters of the
state. In addition, an operator of a pipeline shall pay the oil spill
prevention and administration fee for each barrel of crude oil
originating from a production facility in marine waters and
transported in the state by means of a pipeline operating across,
under, or through the marine waters of the state
received . The
(2) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time the crude oil is
received at a refinery within the state by any mode of delivery that
passed over, across, under, or through waters of the state, whether
from within or outside the state. The refinery shall collect the fee
from the owner of the crude oil for each barrel of crude oil or
petroleum products received.
(3) The fees shall be remitted to
the board State Board of Equalization
by the owner of the crude oil or petroleum products, the
refinery operator, or the marine terminal or pipeline
operator on the 25th day of the month based upon the number
of barrels of crude oil or petroleum products received at a
refinery or marine terminal or transported by pipeline
during the preceding month. A fee shall not be imposed
pursuant to this section with respect to crude oil or petroleum
products if the person who would be liable for that fee, or
responsible for its collection, establishes that the fee has
already been collected by a refinery or marine
terminal operator registered under this chapter or paid to the
board State Board of Equalization with
respect to the crude oil or petroleum product.
(4) The oil spill prevention and administration fee shall not be
collected by a marine terminal operator or refinery operator or
imposed on the owner of crude oil or petroleum products if the fee
has been previously collected or paid on the crude oil or petroleum
products at another marine terminal or refinery. It shall be the
obligation of the marine terminal operator, refinery operator, or
owner of crude oil or petroleum products to show that the fee has
already been paid on the same crude oil or petroleum products.
(2)
(5) An owner of crude oil or petroleum products is
liable for the fee until it has been paid to the board
State Board of Equalization , except that
payment to a refinery operator or marine terminal operator
registered under this chapter is sufficient to relieve the owner
from further liability for the fee.
(3)
(6) On or before January 20, the administrator shall
annually prepare a plan that projects revenues and expenses over
three fiscal years, including the current year. Based on the plan,
the administrator shall set the fee so that projected revenues,
including any interest, are equivalent to expenses as reflected in
the current Budget Act and in the proposed budget submitted by the
Governor. In setting the fee, the administrator may allow for a
surplus if the administrator finds that revenues will be exhausted
during the period covered by the plan or that the surplus is
necessary to cover possible contingencies. The administrator shall
notify the board State Board of Equalization
of the adjusted fee rate, which shall be rounded to no more
than four decimal places, to be effective the first day of the month
beginning not less than 30 days from the date of the notification.
(c) The moneys collected pursuant to subdivision (a) shall be
deposited into the fund.
(d) The board State Board of Equalization
shall collect the fee and adopt regulations for implementing
the fee collection program.
(e) The fee described in this section shall be collected solely
for all of the following purposes:
(1) To implement oil spill prevention programs through rules,
regulations, leasing policies, guidelines, and inspections and to
implement research into prevention and control technology.
(2) To carry out studies that may lead to improved oil spill
prevention and response.
(3) To finance environmental and economic studies relating to the
effects of oil spills.
(4) To implement, install, and maintain emergency programs,
equipment, and facilities to respond to, contain, and clean up oil
spills and to ensure that those operations will be carried out as
intended.
(5) To respond to an imminent threat of a spill in accordance with
the provisions of Section 8670.62 pertaining to threatened
discharges. The cumulative amount of an expenditure for this purpose
shall not exceed the amount of one hundred thousand dollars
($100,000) in a fiscal year unless the administrator receives the
approval of the Director of Finance and notification is given to the
Joint Legislative Budget Committee. Commencing with the 1993-94
fiscal year, and each fiscal year thereafter, it is the intent of the
Legislature that the annual Budget Act contain an appropriation of
one hundred thousand dollars ($100,000) from the fund for the purpose
of allowing the administrator to respond to threatened oil spills.
(6)
(5) To reimburse the board
State Board of Equalization for its reasonable costs
incurred to implement this chapter and to carry out Part 24
(commencing with Section 46001) of Division 2 of the Revenue and
Taxation Code.
(7)
(6) To cover costs incurred by
fund the Oiled Wildlife Care Network established by
Section 8670.37.5 for training and field collection, and search and
rescue activities, pursuant to subdivision (g) of Section 8670.37.5
pursuant to Section 8670.40.5 .
(f) The moneys deposited in the fund shall not be used for
responding to an oil a spill.
(g) The moneys deposited in the fund shall not be used to provide
a loan to any other fund.
(h) This section shall become operative on January 1, 2012.
(h) Every person who operates a refinery, a marine terminal in
waters of the state, or a pipeline shall register with the State
Board of Equalization, pursuant to Section 46101 of the Revenue and
Taxation Code.
SEC. 37. Section 8670.40.5 is added to the
Government Code , to read:
8670.40.5. (a) For each fiscal year, consistent with this
article, the administrator shall submit, as a proposed appropriation
in the Governor's
Budget, an amount up to two million five hundred thousand dollars
($2,500,000) for the purpose of equipping, operating, and maintaining
the network of oiled wildlife rescue and rehabilitation stations and
proactive oiled wildlife search and collection rescue efforts
established pursuant to Section 8670.37.5 and for the support of
technology development and research related to oiled wildlife care.
(b) The administrator shall report to the Legislature, upon
request, on the progress and effectiveness of the network of oiled
wildlife rescue and rehabilitation stations established pursuant to
Section 8670.37.5 and the adequacy of the Oil Spill Prevention and
Administration Fund to meet the purposes for which the network was
established.
(c) At the administrator's request, the funds made available
pursuant to this section may be directly appropriated to a suitable
program for wildlife health and rehabilitation within a school of
veterinary medicine within this state, if an agreement exists,
consistent with this chapter, between the administrator and an
appropriate representative of the program for carrying out that
purpose. The administrator shall attempt to have an agreement in
place at all times. The agreement shall ensure that the training of,
and the care provided by, the program staff are at levels that are
consistent with those standards generally accepted within the
veterinary profession.
(d) The funds made available pursuant to this section shall not be
considered an offset to any other state funds appropriated to the
program, the program's associated school of veterinary medicine, or
the program's associated college or university. The funds shall not
be used for any other purpose. If an offset does occur or the funds
are used for an unintended purpose, the administrator may terminate
expenditure of any funds appropriated pursuant to this section and
the administrator may request a reappropriation to accomplish the
intended purpose. The administrator shall annually review and approve
the proposed uses of any funds made available pursuant to this
section.
SEC. 38. Section 8670.42 of the
Government Code is amended to read:
8670.42. (a) The Department of Fish and Game
administrator and the State Lands Commission,
independently, shall contract with the Department of Finance for the
preparation of a detailed report that shall be submitted on or before
January 1, 2013, and no less than once every four years thereafter,
to the Governor and the Legislature on the financial basis and
programmatic effectiveness of the state's oil spill prevention,
response, and preparedness program. This report shall include an
analysis of all of the oil spill prevention, response, and
preparedness program's major expenditures, fees and fines collected,
staffing and equipment levels, spills responded to, and other
relevant issues. The report shall recommend measures to improve the
efficiency and effectiveness of the state's oil spill prevention,
response, and preparedness program, including, but not limited to,
measures to modify existing contingency plan requirements, to improve
protection of sensitive shoreline sites, and to ensure adequate and
equitable funding for the state's oil spill prevention, response, and
preparedness program.
(b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795.
SEC. 39. Section 8670.47.5 of the
Government Code is amended to read:
8670.47.5. The following shall be deposited into the fund:
(a) The fee required pursuant to Section 8670.48.
(b) Any federal funds received to pay for response, containment,
abatement, and rehabilitation costs from an oil spill in
marine waters of the state .
(c) Any money borrowed by the Treasurer pursuant to Article 7.5
(commencing with Section 8670.53.1) or any draw on the financial
security obtained by the Treasurer pursuant to subdivision (o) of
Section 8670.48.
(d) Any interest earned on the moneys in the fund.
(e) Any costs recovered from responsible parties pursuant to
Section 8670.53 and subdivision (e) of Section 8670.53.1.
SEC. 40. Section 8670.48 of the
Government Code is amended to read:
8670.48. (a) (1) A uniform oil spill response fee in an amount
not exceeding twenty-five cents ($0.25) for each barrel of petroleum
products, as set by the administrator pursuant to subdivision (f),
shall be imposed upon a person who owns petroleum products at the
time the petroleum products are received at a marine terminal within
this state by means of a vessel from a point of origin outside this
state. The fee shall be collected by the marine terminal and
remitted to the State Board of Equalization by the terminal
operator on the 25th day of each month based upon the number of
barrels of petroleum products received during the preceding month.
(2) An owner of petroleum products is liable for the fee until it
has been paid to the state, except that payment to a marine terminal
operator registered under this chapter is sufficient to relieve the
owner from further liability for the fee.
(b) An operator of a pipeline shall also pay a uniform oil spill
response fee in an amount not exceeding twenty-five cents ($0.25) for
each barrel of petroleum products, as set by the administrator
pursuant to subdivision (f), transported into the state by means of a
pipeline operating across, under, or through the marine
waters of the state. The fee shall be paid on the 25th day
of each month based upon the number of barrels of petroleum products
so transported into the state during the preceding month.
(c) (1) An operator of a
refinery shall pay a uniform oil spill response fee in an amount not
exceeding twenty-five cents ($0.25) for each barrel of crude oil, as
set by the administrator pursuant to subdivision (f), received at a
refinery within the state by any method of transport . The
fee shall be paid on the 25th day of each month based upon the
number of barrels of crude oil so received during the preceding
month.
(2) The fee shall not be imposed by a refiner, or a person or
entity acting as an agent for a refiner, on crude oil produced by an
independent crude oil producer as defined in paragraph (3). The board
shall not identify a company as exempt from the fee requirements of
this section if that company was reorganized, sold, or otherwise
modified with the intent of circumventing the requirements of this
section.
(3) For purposes of this chapter, "independent crude oil producer"
means a person or entity producing crude oil within this state who
does not refine crude oil into a product, and who does not possess or
own a retail gasoline marketing facility.
(d) A marine terminal operator shall pay a uniform oil spill
response fee in an amount not exceeding twenty-five cents ($0.25), in
accordance with subdivision (g), for each barrel of crude oil, as
set by the administrator pursuant to subdivision (f), that is
transported from within this state by means of a marine
vessel to a destination outside this state.
(e) An operator of a pipeline shall pay a uniform oil spill
response fee in an amount not exceeding twenty-five cents ($0.25), in
accordance with subdivision (g), for each barrel of crude oil, as
set by the administrator pursuant to subdivision (f), transported out
of the state by pipeline.
(f) (1) The fees required pursuant to this section shall be
collected during any period for which the administrator determines
that collection is necessary for any of the following reasons:
(A) The amount in the fund is less than or equal to 95 percent of
the designated amount specified in subdivision (a) of Section 46012
of the Revenue and Taxation Code.
(B) Additional money is required to pay for the purposes specified
in subdivision (k).
(C) The revenue is necessary to repay a draw on a financial
security obtained by the Treasurer pursuant to subdivision (o) or
borrowing by the Treasurer pursuant to Article 7.5 (commencing with
Section 8670.53.1) , including any principal, interest,
premium, fees, charges, or costs of any kind incurred in connection
with those borrowings or financial security.
(2) The administrator, in consultation with the State Board of
Equalization, and with the approval of the Treasurer, may direct the
State Board of Equalization to cease collecting the fee when the
administrator determines that further collection of the fee is not
necessary for the purposes specified in paragraph (1).
(3) The administrator, in consultation with the State Board of
Equalization, shall set the amount of the oil spill response fees.
The oil spill response fees shall be imposed on all feepayers in the
same amount. The administrator shall not set the amount of the fee at
less than twenty-five cents ($0.25) for each barrel of petroleum
products or crude oil, unless the administrator finds that the
assessment of a lesser fee will cause the fund to reach the
designated amount specified in subdivision (a) of Section 46012 of
the Revenue and Taxation Code within four months. The fee shall not
be less than twenty-five cents ($0.25) for each barrel of petroleum
products or crude oil if the administrator has drawn upon the
financial security obtained by the Treasurer pursuant to subdivision
(o) or if the Treasurer has borrowed money pursuant to Article 7.5
(commencing with Section 8670.53.1) and principal, interest, premium,
fees, charges, or costs of any kind incurred in connection with
those borrowings remain outstanding or unpaid, unless the Treasurer
has certified to the administrator that the money in the fund is not
necessary for the purposes specified in paragraph (1).
(g) The fees imposed by subdivisions (d) and (e) shall be imposed
in any calendar year beginning the month following the month when the
total cumulative year-to-date barrels of crude oil transported
outside the state by all feepayers by means of vessel or pipeline
exceed 6 percent by volume of the total barrels of crude oil and
petroleum products subject to oil spill response fees under
subdivisions (a), (b), and (c) for the prior calendar year.
(h) For purposes of this chapter, "designated amount" means the
amounts specified in Section 46012 of the Revenue and Taxation Code.
(i) The administrator, in consultation with the State Board of
Equalization and with the approval of the Treasurer, shall authorize
refunds of any money collected that is not necessary for the purposes
specified in paragraph (1) of subdivision (f). The State Board of
Equalization, as directed by the administrator, and in accordance
with Section 46653 of the Revenue and Taxation Code, shall refund the
excess amount of fees collected to each feepayer who paid the fee to
the state, in proportion to the amount that each feepayer paid into
the fund during the preceding 12 monthly reporting periods in which
there was a fee due, including the month in which the fund exceeded
the specified amount. If the total amount of money in the fund
exceeds the amount specified in this subdivision by 10 percent or
less, refunds need not be ordered by the administrator. This section
does not require the refund of excess fees as provided in this
subdivision more frequently than once each year.
(j) The State Board of Equalization shall collect the fee and
adopt regulations implementing the fee collection program. All fees
collected pursuant to this section shall be deposited in the Oil
Spill Response Trust Fund.
(k) The fee described in this section shall be collected solely
for any of the following purposes:
(1) To provide funds to cover promptly the costs of response,
containment, and cleanup of oil spills into marine
waters of the state , including damage assessment costs
, and wildlife rehabilitation as provided in
Section 8670.61.5.
(2) To cover response and cleanup costs and other damages suffered
by the state or other persons or entities from oil spills into
marine waters , which of
the state that cannot otherwise be compensated by responsible
parties or the federal government.
(3) To pay claims for damages pursuant to Section 8670.51.
(4) To pay claims for damages, except for damages described in
paragraph (7) of subdivision (h) of Section 8670.56.5, pursuant to
Section 8670.51.1.
(5) To pay for the cost of obtaining financial security in the
amount specified in subdivision (b) of Section 46012 of the Revenue
and Taxation Code, as authorized by subdivision (o).
(6) To pay indemnity and related costs and expenses as authorized
by Section 8670.56.6.
(7) To pay principal, interest, premium, if any, and fees,
charges, and costs of any kind incurred in connection with moneys
drawn by the administrator on the financial security obtained by the
Treasurer pursuant to subdivision (o) or borrowed by the Treasurer
pursuant to Article 7.5 (commencing with Section 8670.53.1).
(8) To pay for the costs of rescue, medical treatment,
rehabilitation, and disposition of oiled wildlife, as incurred by the
network of oiled wildlife rescue and rehabilitation stations created
pursuant to Section 8670.37.5. Reserved
]
(9) To respond to an imminent threat of a spill in accordance with
the provisions of Section 8670.62 pertaining to threatened
discharges.
( l ) (1) The
interest that the state earns on the funds deposited into the Oil
Spill Response Trust Fund shall be deposited in the fund and shall be
used to maintain the fund at the designated amount specified in
subdivision (a) of Section 46012 of the Revenue and Taxation Code.
Interest earned until July 1, 1998, on funds deposited
pursuant to subdivision (a) of Section 46012 of the Revenue and
Taxation Code, as determined jointly by the Controller and the
Director of Finance, shall be available upon appropriation by the
Legislature in the Budget Act to establish, equip, operate, and
maintain the network of rescue and rehabilitation stations for oiled
wildlife as described in Section 8670.37.5 and to support technology
development and research related to oiled wildlife care. Interest
earned on the financial security portion of the fund, required to be
accessible pursuant to subdivision (b) of Section 46012 of the
Revenue and Taxation Code shall not be available for that purpose.
If the amount in the fund exceeds that designated amount,
the interest not needed to equip, operate, and maintain the
network of rescue and rehabilitation stations, or for appropriate
technology development and research regarding oiled wildlife care,
shall be deposited into the Oil Spill Prevention and
Administration Fund, and shall be available for the purposes
authorized by Article 6 (commencing with Section 8670.38).
(2) (A) For each fiscal year, consistent with this article, the
administrator shall submit, as a proposed appropriation in the
Governor's Budget, an amount up to two million dollars ($2,000,000)
of the interest earned on the funds deposited into the Oil Spill
Response Trust Fund for the purpose of equipping, operating, and
maintaining the network of oiled wildlife rescue and rehabilitation
stations and proactive oiled wildlife search and collection rescue
efforts established pursuant to Section 8670.37.5 and for support of
technology development and research related to oiled wildlife care.
The remaining interest, if any, shall be deposited into the Oil Spill
Prevention and Administration Fund pursuant to paragraph (1).
(B) The administrator shall report to the Legislature not later
than June 30, 2002, on the progress and effectiveness of the network
of oiled wildlife rescue and rehabilitation stations established
pursuant to Section 8670.37.5, and the adequacy of the Oil Spill
Response Trust Fund to meet the purposes for which it was
established.
(C) At the administrator's request, the funds made available
pursuant to this paragraph may be directly appropriated to a suitable
program for wildlife health and rehabilitation within a school of
veterinary medicine within this state, provided that an agreement
exists, consistent with this chapter, between the administrator and
an appropriate representative of the program for carrying out that
purpose. The administrator shall attempt to have an agreement in
place at all times. The agreement shall ensure that the training of,
and the care provided by, the program staff are at levels that are
consistent with those standards generally accepted within the
veterinary profession.
(D) The funds made available pursuant to this paragraph shall not
be considered an offset to any other state funds appropriated to the
program, the program's associated school of veterinary medicine, or
the program's associated college or university, and the funds shall
not be used for any other purpose. If an offset does occur or the
funds are used for an unintended purpose, expenditure of any
appropriation of funds pursuant to this paragraph may be terminated
by the administrator and the administrator may request a
reappropriation to accomplish the intended purpose. The administrator
shall annually review and approve the proposed uses of any funds
made available pursuant to this paragraph.
(m) The Legislature finds and declares that effective response to
oil spills requires that the state have available sufficient funds in
a response fund. The Legislature further finds and declares that
maintenance of that fund is of utmost importance to the state and
that the money in the fund shall be used solely for the purposes
specified in subdivision (k).
(n) It is the intent of the Legislature, in enacting this
section, that the fee shall not be imposed by a refiner, or a person
or entity acting as an agent for a refiner, on crude oil produced by
an independent crude oil producer. Reserved
]
(o) The Treasurer shall obtain financial security, in the
designated amount specified in subdivision (b) of Section 46012 of
the Revenue and Taxation Code, in a form which
that , in the event of an oil spill, may be drawn upon
immediately by the administrator upon making the determinations
required by paragraph (2) of subdivision (a) of Section 8670.49. The
financial security may be obtained in any of the forms described in
subdivision (b) of Section 8670.53.3, as determined by the Treasurer.
(p) This section does not limit the authority of the administrator
to raise oil spill response fees pursuant to Section 8670.48.5.
SEC. 41. Section 8670.48.3 of the
Government Code is amended to read:
8670.48.3. (a) Notwithstanding subparagraph (A) of paragraph (1)
of subdivision (f) of Section 8670.48, a loan or other transfer of
money from the fund to the General Fund pursuant to the Budget Act
that reduces the balance of the Oil Spill Response Trust Fund to less
than or equal to 95 percent of the designated amount specified in
subdivision (a) of Section 46012 of the Revenue and Taxation Code
shall not obligate the administrator to resume collection of the oil
spill response fee otherwise required by this article if both of the
following conditions are met:
(1) The annual Budget Act requires a transfer or loan from the
fund to be repaid to the fund with interest calculated at a rate
earned by the Pooled Money Investment Account as if the money had
remained in the fund.
(2) The annual Budget Act requires all transfers or loans to be
repaid to the fund on or before June 30, 2014
2017 .
(b) A transfer or loan described in subdivision (a) shall be
repaid as soon as possible if a spill occurs and the administrator
determines that response funds are needed immediately.
(c) If there is a conflict between this section and any other law
or enactment, this section shall control.
(d) This section shall remain in effect until July 1, 2014, and as
of that date is repealed.
(d) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 42. Section 8670.49 of the
Government Code is amended to read:
8670.49. (a) (1) The administrator may only expend money from the
fund to pay for any of the following, subject to the lien
established in Section 8670.53.2:
(A) To pay the cost of obtaining financial security as authorized
by paragraph (5) of subdivision (k) and subdivision (o) of Section
8670.48.
(B) To pay the principal, interest, premium, if any, and fees,
charges, and costs of any kind incurred in connection with moneys
drawn by the administrator on the financial security obtained by the
Treasurer, or the moneys borrowed by the Treasurer, as authorized by
paragraph (7) of subdivision (k) of Section 8670.48.
(C) To pay for the construction, equipping, operation, and
maintenance of rescue and rehabilitation facilities, and technology
development for oiled wildlife care from interest earned on money
deposited in the fund as authorized by subdivision (l) of Section
8670.48.
(D) To pay for the costs of rescue, medical treatment,
rehabilitation, and disposition of oiled wildlife, as incurred by the
network of oiled wildlife rescue and rehabilitation stations
pursuant to subdivision (f) of Section 8670.37.5.
(E)
(C) To pay for the expansion, in the VTS area, pursuant
to Section 445 of the Harbors and Navigation Code, of the vessel
traffic service system (VTS system) authorized pursuant to
subdivision (f) of Section 8670.21.
(2) If a spill has occurred, the administrator may expend the
money in the fund for the purposes identified in paragraphs (1), (2),
(3), (4), and (6) of subdivision (k) of Section 8670.48 only upon
making the following determinations:
(A) Except as authorized by Section 8670.51.1, a responsible party
does not exist or the responsible party is unable or unwilling to
provide adequate and timely cleanup and to pay for the damages
resulting from the spill. The administrator shall make a reasonable
effort to have the party responsible remove the oil or agree to pay
for any actions resulting from the spill that may be required by law,
provided that the efforts are not detrimental to fish, plant,
animal, or bird life in the affected waters. The reasonable effort of
the administrator shall include attempting to access the responsible
parties' insurance or other proof of financial responsibility.
(B) Sufficient federal oil spill funds are not available or will
not be available in an adequate period of time.
(3) Notwithstanding any other provision of this subdivision, the
administrator may expend money from the fund for authorized
expenditures when a reimbursement procedure is in place to receive
reimbursements for those expenditures from federal oil spill funds.
(b) Upon making the determinations specified in paragraph (2) of
subdivision (a), the administrator shall immediately make whatever
payments are necessary for responding to, containing, or cleaning up
, the spill, including any wildlife rehabilitation
required by law and payment of claims pursuant to Sections 8670.51
and 8670.51.1, subject to the lien established by Section 8670.53.2.
SEC. 43. Section 8670.50 of the
Government Code is amended to read:
8670.50. (a) Money from the fund may only be expended to cover
the costs incurred by the state and local governments and agencies
for any of the following:
(1) Responding promptly to, containing, and cleaning up the
discharge, if those efforts are any of the following:
(A) Undertaken pursuant to the state and local oil spill
contingency plans established under this chapter, and the
marine response element of the California oil spill
contingency plan established under Article 3.5 (commencing with
Section 8574.1) of Chapter 7.
(B) Undertaken consistent with the standardized emergency
management system established pursuant to Section 8607.
(C) Undertaken at the direction of the administrator.
(2) Meeting the requirements of Section 8670.61.5 ,
relating to wildlife rehabilitation.
(3) Making the payments authorized by subdivision (k) of Section
8670.48.
(b) In the event of an oil spill, the administrator shall make
whatever expenditures are necessary and appropriate from the fund to
cover the costs described in subdivision (a), subject to the lien
established pursuant to Section 8670.53.2.
SEC. 44. Section 8670.51 of the
Government Code is amended to read:
8670.51. (a) When a person has obtained a final judgment for
damages resulting from an oil spill in marine
waters of the state , but is unable, within one year after
the date of its entry, to enforce the judgment pursuant to Title 9
(commencing with Section 680.010) of the Code of Civil Procedure, or
is unable to obtain satisfaction of the judgment from the federal
government within 90 additional days, the administrator shall pay an
amount not to exceed those amounts which that
cannot be recovered from a responsible party and the fund
shall be subrogated to all rights, claims, and causes of action that
the claimant has under this chapter, Article 3. 5 (commencing with
Section 8574.1) of Chapter 7, Section 8670.61.5, and Division 7.8
(commencing with Section 8750) of the Public Resources Code.
(b) Any person may apply to the fund for compensation for damages
and losses suffered as a result of an oil spill in marine
waters of the state under any of the following
conditions:
(1) The responsible
party or parties cannot be ascertained.
(2) A responsible party is not liable for noneconomic damages
caused by another.
(3) Subdivision (i) of Section 8670.56.6 is applicable to the
claim.
(c) The administrator shall not approve any claim in an amount
which that exceeds the amount to which
the person would otherwise be entitled pursuant to Section 8670.56.5,
and shall pay claims from the fund which
that are approved pursuant to this section.
SEC. 45. Section 8670.53 of the
Government Code is amended to read:
8670.53. The Attorney General, in consultation with the
administrator, shall undertake actions to recover all costs to the
funds from any responsible party for an oil spill into
marine waters of the state for which
expenditures are made from the fund. The recovery of costs pursuant
to this section shall not foreclose the Attorney General from any
other actions allowed by law.
SEC. 46. Section 8670.54 of the
Government Code is amended to read:
8670.54. (a) The Oil Spill Technical Advisory Committee,
hereafter in this article , the committee, is hereby
established to provide public input and independent judgment of the
actions of the administrator. The committee shall consist of
10 14 members, of whom six
eight shall be appointed by the Governor, two
three by the Speaker of the Assembly, and
two three by the Senate Rules
Committee. The appointments shall be made in the following manner:
(1) The Speaker of the Assembly, Assembly
and Senate Rules Committee on Rules
shall each appoint members a member
who shall be representatives a
representative of the public.
(2) The Governor shall appoint a member who has a demonstrable
knowledge of marine transportation.
(3) The Speaker of the Assembly and the Senate Rules
Committee on Rules shall each appoint a
member two members who has
have demonstrable knowledge of environmental protection
and the study of ecosystems.
(4) The Governor shall appoint a member who has served as a local
government elected official or who has worked for a local government.
(5) The Governor shall appoint a member who has experience in oil
spill response and prevention programs.
(6) The Governor shall appoint a member who has been employed in
the petroleum industry.
(7) The Governor shall appoint a member who has worked in state
government.
(8) The Governor shall appoint a member who has demonstrable
knowledge of the dry cargo vessel industry.
(9) The Governor shall appoint a member who has demonstrable
knowledge of the railroad industry.
(10) The Governor shall appoint a member who has demonstrable
knowledge of the oil production industry.
(b) The committee shall meet as often as required, but at least
twice per year. Members shall be paid one hundred dollars ($100) per
day for each meeting and all necessary travel expenses at state per
diem rates.
(c) The administrator and any personnel the administrator
determines to be appropriate shall serve as staff to the committee.
(d) A chairman chair and vice
chairman chair shall be elected by a
majority vote of the committee.
(e) This section shall become operative on January 1, 2012.
SEC. 47. Section 8670.55 of the
Government Code is amended to read:
8670.55. (a) The committee shall provide recommendations to the
administrator, the State Lands Commission, the California Coastal
Commission, and the San Francisco Bay Conservation
and Development Commission , the Division of Oil, Gas, and
Geothermal Resources, the Office of the State Fire Marshal
, and the Public Utilities Commission, on any provision of
this chapter , including the promulgation of all rules,
regulations, guidelines, and policies.
(b) The committee may , at its own discretion,
study, comment on, or evaluate, at its own discretion, any
aspect of oil spill prevention and response in the state. To the
greatest extent possible, these studies shall be coordinated with
studies being done by the federal government, the administrator, the
State Lands Commission, the State Water Resources Control Board, and
other appropriate state and international entities. Duplication with
the efforts of other entities shall be minimized.
(c) The committee may attend any drills called pursuant to Section
8601.10 8670.10 or any oil spills, if
practicable.
(d) The committee shall report biennially to the Governor and the
Legislature on its evaluation of oil spill response and preparedness
programs within the state and may prepare and send any additional
reports it determines to be appropriate to the Governor and the
Legislature.
(e) On or before August 1, 2005, the committee shall review the
Department of Finance report required under Section 8670.42 and
prepare and submit to the Governor and the Legislature comments on
the report, including, but not limited to, recommendations for
improving the state's oil spill prevention, response, and
preparedness program.
(f) This section shall become operative on January 1, 2012.
SEC. 48. Section 8670.56.5 of the
Government Code is amended to read:
8670.56.5. (a) A responsible party, as defined in Section
8670.3, shall be absolutely liable without regard to fault for any
damages incurred by any injured party that arise out of, or are
caused by a spill or inland spill .
(b) A responsible person is not liable to an injured party under
this section for any of the following:
(1) Damages, other than costs of removal incurred by the state or
a local government, caused solely by any act of war, hostilities,
civil war, or insurrection or by an unanticipated grave natural
disaster or other act of God of an exceptional, inevitable, and
irresistible character, which that
could not have been prevented or avoided by the exercise of due care
or foresight.
(2) Damages caused solely by the negligence or intentional
malfeasance of that injured party.
(3) Damages caused solely by the criminal act of a third party
other than the defendant or an agent or employee of the defendant.
(4) Natural seepage not caused by a responsible party.
(5) Discharge or leaking of oil or natural gas from a private
pleasure boat or vessel.
(6) Damages that arise out of, or are caused by, a discharge that
is authorized by a state or federal permit.
(c) The defenses provided in subdivision (b) shall not be
available to a responsible person who fails to comply with Sections
8670.25, 8670.25.5, 8670.27, and 8670.62.
(d) Upon motion and sufficient showing by a party deemed to be
responsible under this section, the court shall join to the action
any other party who may be responsible under this section.
(e) In determining whether a party is a responsible party under
this section, the court shall consider the results of chemical or
other scientific tests conducted to determine whether oil or other
substances produced, discharged, or controlled by the defendant
matches the oil or other substance that caused the damage to the
injured party. The defendant shall have the burden of producing the
results of tests of samples of the substance that caused the injury
and of substances for which the defendant is responsible, unless it
is not possible to conduct the tests because of unavailability of
samples to test or because the substance is not one for which
reliable tests have been developed. At the request of a party, any
other party shall provide samples of oil or other substances within
its possession or control for testing.
(f) The court may award reasonable costs of the suit,
attorneys' attorney's fees, and the costs of
necessary expert witnesses to a prevailing plaintiff. The court may
award reasonable costs of the suit and attorneys'
attorney's fees to a prevailing defendant if the court
finds that the plaintiff commenced or prosecuted the suit
under pursuant to this section in bad faith or
solely for purposes of harassing the defendant.
(g) This section does not prohibit a person from bringing an
action for damages caused by oil or by exploration, under any other
provision or principle of law, including, but not limited to, common
law. However, damages shall not be awarded pursuant to this section
to an injured party for loss or injury for which the party is or has
been awarded damages under any other provision or principle of law.
Subdivision (b) does not create a defense not otherwise available
regarding an action brought under any other provision or principle of
law, including, but not limited to, common law.
(h) Damages for which responsible parties are liable under this
section include the following:
(1) All costs of response, containment, cleanup, removal, and
treatment, including, but not limited to, monitoring and
administration costs incurred pursuant to the California oil spill
contingency plan or actions taken pursuant to directions by the
administrator.
(2) Injury to, or economic losses resulting from destruction of or
injury to, real or personal property, which shall be recoverable by
any claimant who has an ownership or leasehold interest in property.
(3) Injury to, destruction of or loss of, natural resources,
including, but not limited to, the reasonable costs of rehabilitating
wildlife, habitat, and other resources and the reasonable costs of
assessing that injury, destruction, or loss, in an action brought by
the state, a county, city, or district. Damages for the loss of
natural resources may be determined by any reasonable method,
including, but not limited to, determination according to the costs
of restoring the lost resource.
(4) Loss of subsistence use of natural resources, which shall be
recoverable by a claimant who so uses natural resources that have
been injured, destroyed, or lost.
(5) Loss of taxes, royalties, rents, or net profit shares caused
by the injury, destruction, loss, or impairment of use of real
property, personal property, or natural resources.
(6) Loss of profits or impairment of earning capacity due to the
injury, destruction, or loss of real property, personal property, or
natural resources, which shall be recoverable by any claimant who
derives at least 25 percent of his or her earnings from the
activities that utilize the property or natural resources, or, if
those activities are seasonal in nature, 25 percent of his or her
earnings during the applicable season.
(7) Loss of use and enjoyment of natural resources, public
beaches, and other public resources or facilities, in an action
brought by the state, a county, city, or district.
(i) Except as provided in Section 1431.2 of the Civil Code,
liability under this section shall be joint and several. However,
this section does not bar a cause of action that a responsible party
has or would have, by reason of subrogation or otherwise, against a
person.
(j) This section does not apply to claims for damages for personal
injury or wrongful death, and does not limit the right of a person
to bring an action for personal injury or wrongful death
under pursuant to any provision or principle of
law.
(k) Payments made by a responsible party to cover liabilities
arising from a discharge of oil, whether under this division or any
other provision of federal, state, or local law, shall not be charged
against royalties, rents, or net profits owed to the United States,
the state, or any other public entity.
( l ) An action that a private or public individual or
entity may have against a responsible party under this section may
be brought directly by the individual or entity or by the state on
behalf of the individual or entity. However, the state shall not
pursue an action on behalf of a private individual or entity that
requests the state not to pursue that action.
(m) For the purposes of this section, "vessels"
means vessels as defined in Section 21 of the Harbors and Navigation
Code.
SEC. 49. Section 8670.56.6 of the
Government Code is amended to read:
8670.56.6. (a) (1) Except as provided in subdivisions (b) and
(d), and subject to subdivision (c), no a
person, including, but not limited to, an oil spill
cooperative, its agents, subcontractors, or employees, shall not
be liable under this chapter or the laws of the state to any
person for costs, damages, or other claims or expenses as a result of
actions taken or omitted in good faith in the course of rendering
care, assistance, or advice in accordance with the National
Contingency Plan, the California oil spill contingency plan, or at
the direction of the administrator, onsite coordinator, or the Coast
Guard in response to a spill or threatened spill of oil
.
(2) The qualified immunity under this section shall not apply to
any oil spill response action that is inconsistent with the
following:
(A) The directions of the unified command, consisting of at least
the Coast Guard and the administrator.
(B) In the absence of a unified command, the directions of the
administrator pursuant to Section 8670.27.
(C) In the absence of directions pursuant to subparagraph (A) or
(B), applicable oil spill contingency plans implemented under this
division.
(3) Nothing in this section shall, in any manner or respect,
affect or impair any cause of action against or any liability of any
person or persons responsible for the spill, for the discharged oil,
or for the vessel, terminal, pipeline, or facility from which the oil
was discharged. The responsible person or persons shall remain
liable for any and all damages arising from the discharge, including
damages arising from improperly carried out response efforts, as
otherwise provided by law.
(b) Nothing in this section shall, in any manner or respect,
affect or impair any cause of action against or any liability of any
party or parties responsible for the spill, or the responsible party'
s agents, employees, or subcontractors, except persons immunized
under subdivision (a) for response efforts, for the discharged oil,
or for the vessel, terminal, pipeline, or marine
facility from which the oil was discharged.
(c) The responsible party or parties shall be subject to both of
the following:
(1) Notwithstanding subdivision (b) or (i) of Section 8670.56.5,
or any other provision of law, be strictly and
jointly and severally liable for all damages arising pursuant to
subdivision (h) of Section 8670.56.5 from the response efforts of its
agents, employees, subcontractors, or an oil spill cooperative of
which it is a member or with which it has a contract or other
arrangement for cleanup of its oil spills, unless it would have a
defense to the original spill.
(2) Remain strictly liable for any and all damages arising from
the response efforts of a person other than a person specified in
paragraph (1).
(d) Nothing in this section shall immunize a cooperative or any
other person from liability for acts of gross negligence or willful
misconduct in connection with the cleanup of a spill.
(e) This section does not apply to any action for personal injury
or wrongful death.
(f) As used in this section, a "cooperative" means an organization
of private persons which that is
established for the primary purpose and activity of preventing or
rendering care, assistance, or advice in response to a spill or
threatened spill.
(g) Except for the responsible party, membership in a cooperative
shall not , in and of itself, be grounds , in
and of itself, for liability resulting from cleanup activities
of the cooperative.
(h) For purposes of this section, there shall be a rebuttable
presumption that an act or omission described in subdivision (a) was
taken in good faith.
(i) In any situation in which immunity is granted pursuant to
subdivision (a) and a responsible party is not liable, is not liable
for noneconomic damages caused by another, or is partially or totally
insolvent, the fund provided for in Article 7 (commencing with
Section 8670.46) shall , in accordance with its terms,
reimburse , in accordance with its terms,
claims of any injured party for which a person who is granted
immunity pursuant to this section would otherwise be liable.
(j) (1) The immunity granted by this section shall only apply to
response efforts that are undertaken after the administrator
certifies that contracts with qualified and responsible persons are
in place to ensure an adequate and expeditious response to any
foreseeable oil spill that may occur in marine
waters of the state for which the responsible party (A)
cannot be identified or (B) is unable or unwilling to respond,
contain, and clean up the oil spill in an adequate and timely manner.
In negotiating these contracts, the administrator shall ,
to the maximum extent practicable, procure , to the
maximum extent practicable, the services of persons who are
willing to respond to oil spills with no, or lesser, immunity than
that conferred by this section, but, in no event, a greater immunity.
The administrator shall make the certification required by this
subdivision on an annual basis. Upon certification, the immunity
conferred by this section shall apply to all response efforts
undertaken during the calendar year to which the certification
applies. In the absence of the certification required by this
subdivision, the immunity conferred by this section shall not attach
to any response efforts undertaken by any person in marine
waters of the state .
(2) In addition to the authority to negotiate contracts described
in paragraph (1), the administrator may also negotiate and enter into
indemnification agreements with qualified and financially
responsible persons to respond to oil spills that may occur in
marine waters of the state for which
the responsible party (A) cannot be identified or (B) is unable or
unwilling to respond, contain, and clean up the oil spill in an
adequate and timely manner.
(3) The administrator may indemnify response contractors for (A)
all damages payable by means of settlement or judgment that arise
from response efforts to which the immunity conferred by this section
would otherwise apply, and (B) reasonably related legal costs and
expenses incurred by the responder, provided that indemnification
shall only apply to response efforts undertaken after the expiration
of any immunity that may exist as the result of the contract
negotiations authorized in this subdivision. In negotiating these
contracts, the administrator shall , to the maximum extent
practicable, procure , to the maximum extent
practicable, the services of persons who are willing to respond
to oil spills with no, or as little, right to indemnification as
possible. All indemnification shall be paid by the administrator from
the Oil Spill Response Trust Fund.
(4) (A) The contracts required by this section, and any other
contracts entered into by the administrator for response,
containment, or cleanup of an existing spill, or for response of
an imminent threat of a spill, the payment of which is to be
made from the Oil Spill Response Trust Fund created pursuant to
Section 8670.46, or for response to an imminent threat of a
spill, the payment of which is to be made out of the Oil Spill
Prevention and Administration Fund created pursuant to Section
8670.38, shall be exempt from Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code and Article
6 (commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code.
(B) The exemption specified in subparagraph (A) applies only to
contracts for which the services are used for a period of less than
90 days, cumulatively, per year.
(C) This paragraph shall not be construed as limiting the
administrator's authority to exercise the emergency powers granted
pursuant to subdivision (c) of Section 8670.62, including the
authority to enter into emergency contracts that are exempt from
approval by the Department of General Services.
(k) (1) With regard to a person who is regularly engaged in the
business of responding to oil spills, the immunity conferred by this
section shall not apply to any response efforts by that person that
occur later than 60 days after the first day the person's response
efforts commence.
(2) Notwithstanding the limitation contained in paragraph (1), the
administrator may , upon making all the following findings,
extend , upon making all the following findings,
the period of time, not to exceed 30 days, during which the
immunity conferred by this section applies to response efforts:
(A) Due to inadequate or incomplete containment and stabilization,
there exists a substantial probability that the size of the spill
will significantly expand and (i) threaten previously uncontaminated
marine or land resources, (ii) threaten already
contaminated marine or land resources with
substantial additional contamination, or (iii) otherwise endanger the
public health and safety or harm the environment.
(B) The remaining work is of a difficult or perilous nature that
extension of the immunity is clearly in the public interest.
(C) No other qualified and financially responsible contractor is
prepared and willing to complete the response effort in the absence
of the immunity, or a lesser immunity, as negotiated by contract.
(3) The administrator shall provide five days' notice of his or
her proposed decision to either extend, or not extend, the immunity
conferred by this section. Interested parties shall be given an
opportunity to present oral and written evidence at an informal
hearing. In making his or her proposed decision, the administrator
shall specifically seek and consider the advice of the relevant Coast
Guard representative. The administrator's decision to not extend the
immunity shall be announced at least 10 working days before the
expiration of the immunity to provide persons an opportunity to
terminate their response efforts as contemplated by paragraph (4).
(4) No A person or their agents,
subcontractors, or employees shall not incur any liability
under this chapter or any other provision of law solely as a result
of that person's decision to terminate their response efforts because
of the expiration of the immunity conferred by this section. A
person's decision to terminate response efforts because of the
expiration of the immunity conferred by this section shall not in any
manner impair, curtail, limit, or otherwise affect the immunity
conferred on the person with regard to the person's response efforts
undertaken during the period of time the immunity applied to those
response efforts.
(5) The immunity granted under this section shall attach, without
the limitation contained in this subdivision, to the response efforts
of any person who is not regularly engaged in the business of
responding to oil spills. A person who is not regularly engaged in
the business of responding to oil spills includes, but is not limited
to, (A) a person who is primarily dedicated to the preservation and
rehabilitation of wildlife and (B) a person who derives his or her
livelihood primarily from fishing.
( l ) As used in this section, "response efforts" means
rendering care, assistance, or advice in accordance with the
National Contingency Plan, the California oil spill contingency plan,
or at the direction of the administrator, onsite
coordinator, United States Environmental Protection
Agency, or the Coast Guard in response to a spill or threatened
spill into marine waters of the state
.
SEC. 50. Section 8670.61.5 of the
Government Code is amended to read:
8670.61.5. (a) For purposes of this chapter, "wildlife
rehabilitation" means those actions that are necessary to fully
mitigate for the damage from a spill caused to wildlife,
fisheries, wildlife habitat, and fisheries habitat ,
including beaches, from a spill or inland spill .
(b) Responsible parties shall fully mitigate adverse impacts to
wildlife, fisheries, wildlife habitat, and fisheries habitat. Full
mitigation shall be provided by successfully carrying out
environmental projects or funding restoration activities required by
the administrator in carrying out projects complying with the
requirements of this section. Responsible parties are also liable for
the costs incurred by the administrator or other government agencies
in carrying out this section.
(c) If any significant wildlife rehabilitation is necessary, the
administrator may require the responsible party to prepare and submit
to the administrator, and to implement, a wildlife rehabilitation
plan. The plan shall describe the actions that will be implemented to
fully meet the requirements of subdivision (b), describe contingency
measures that will be carried out in the event that any of the plan
actions are not fully successful, provide a reasonable implementation
schedule, describe the monitoring and compliance program, and
provide a financing plan. The administrator shall review and
determine whether to approve the plan within 60 days of submittal.
Before approving a plan, the administrator shall first find that the
implementation of the plan will fully mitigate the adverse impacts to
wildlife, fisheries, wildlife habitat, and fisheries habitat. If the
habitat contains beaches that are or were used for recreational
purposes, the Department of Parks and Recreation shall review the
plan and provide comments to the administrator.
(d) The plan shall place first priority on avoiding and minimizing
any adverse impacts. For impacts that do occur, the plan shall
provide for full onsite restoration of the damaged resource to the
extent feasible. To the extent that full onsite restoration is not
feasible, the plan shall provide for offsite in-kind mitigation to
the extent feasible. To the extent that adverse impacts still have
not been fully mitigated, the plan shall provide for the enhancement
of other similar resources to the extent necessary to meet the
requirements of subdivision (b). In evaluating whether a wildlife
rehabilitation plan is adequate, the administrator may use the
habitat evaluation methods or procedures established by
the United States Fish and Wildlife Service or any other reasonable
methods as determined by the Director of
Department of Fish and Game Wildlife
.
(e) The administrator shall prepare regulations to implement this
section. The regulations shall include deadlines for the submittal of
plans. In establishing the deadlines, the administrator shall
consider circumstances such as the size of the spill and the time
needed to assess damage and mitigation.
SEC. 51. Section 8670.62 of the
Government Code is amended to read:
8670.62. (a) Any person who discharges oil into marine
waters of the state , upon order of the
administrator, shall do all of the following:
(1) Clean up the oil.
(2) Abate the effects of the discharge.
(3) In the case of a threatened discharge, take other necessary
remedial action.
(b) Upon failure of any person to comply with a cleanup or
abatement order, the Attorney General or a district attorney, at the
request of the administrator, shall petition the superior court for
that county for the issuance of an injunction requiring the person to
comply with the order. In any such suit, the
court shall have jurisdiction to grant a prohibitory or mandatory
injunction, either preliminary or permanent, as the facts may
warrant.
(c) Consistent with the state contingency plan, the administrator
may expend available money to perform any response; containment;
cleanup; wildlife rehabilitation, which includes assessment of
resource injuries and damages, or remedial work required pursuant to
subdivision (a) which that , in the
administrator's judgment, is required by the circumstances or the
urgency of prompt action required to prevent pollution, nuisance, or
injury to the environment of the state. The action may be taken in
default of, or in addition to, remedial work by the responsible party
or other persons, and regardless of whether injunctive relief is
sought. The administrator may perform the work in cooperation with
any other governmental agency, and may use rented tools or equipment,
either with or without operators furnished or
unoperated . Notwithstanding any other provisions
of law, the administrator may enter into oral contracts for
the work, and the contracts, whether written or oral, may include
provisions for equipment rental and the furnishing of labor and
materials necessary to accomplish the work. The contracts shall be
exempt from Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code and Article 6 (commencing with Section 999)
of Chapter 6 of Division 4 of the Military and Veterans Code.
(d) If the discharge is cleaned up, or attempted to be cleaned up,
the effects thereof abated, or, in the case of threatened pollution
or nuisance, other necessary remedial action is taken by any
governmental agency, the person or persons who discharged the waste,
discharged the oil, or threatened to cause or permit the discharge of
the oil within the meaning of subdivision (a) ,
shall be liable to that governmental agency for the reasonable costs
actually incurred in cleaning up that waste, abating the effects
thereof, or taking other remedial action. The amount of the costs
shall be recoverable in a civil action by, and paid to, the
applicable governmental agency and the administrator, to the extent
the administrator contributed to the cleanup costs from the Oil Spill
Response Trust Fund or other available funds.
(e) If, despite reasonable effort by the administrator to identify
the party responsible for the discharge of oil or the condition of
pollution or nuisance, the person is not identified at the time
cleanup, abatement, or remedial work must be performed, the
administrator shall not be required to issue an order under this
section. The absence of a responsible party shall not in any way
limit the powers of the administrator under this section.
(f) "Threaten," for purposes of this section,
For purposes of this section, "threaten " means
a condition creating a substantial probability of harm, when the
probability and potential extent of harm makes it reasonably
necessary to take immediate action to prevent, reduce, or mitigate
damages to persons, property, or natural resources.
SEC. 52. Section 8670.64 of the
Government Code is amended to read:
8670.64. (a) A person who commits any of the following acts
, shall, upon conviction, be punished by
imprisonment in a county jail for not more than one year or by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code:
(1) Except as provided in Section 8670.27, knowingly fails to
follow the direction or orders of the administrator in connection
with an oil spill.
(2) Knowingly fails to notify the Coast Guard that a vessel is
disabled within one hour of the disability and the vessel, while
disabled, causes a discharge of oil which
that enters marine waters. For the purposes
of this paragraph, "vessel" means a vessel, as defined in Section 21
of the Harbors and Navigation Code, of 300 gross registered
tons or more.
(3) Knowingly engages in or causes the discharge or spill of oil
into marine waters of the state , or a
person who reasonably should have known that he or she was engaging
in or causing the discharge or spill of oil into marine
waters of the state , unless the discharge is
authorized by the United States, the state, or another agency with
appropriate jurisdiction.
(4) Knowingly fails to begin cleanup, abatement, or removal of
spilled oil as required in Section 8670.25.
(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine of not less than five thousand
dollars ($5,000) or more than five hundred thousand dollars
($500,000) for each violation. For purposes of this subdivision, each
day or partial day that a violation occurs is a separate violation.
(c) (1) A person who knowingly does any of the acts specified in
paragraph (2) shall, upon conviction, be punished by a fine of not
less than two thousand five hundred dollars ($2,500) or more than two
hundred fifty thousand dollars ($250,000), or by imprisonment in a
county jail for not more than one year, or by both the fine and
imprisonment. Each day or partial day that a violation occurs is a
separate violation. If the conviction is for a second or subsequent
violation of this subdivision, the person shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code, or in a county jail for not more than one year, or by a fine
of not less than five thousand dollars ($5,000) or more than five
hundred thousand dollars ($500,000), or by both that fine and
imprisonment:
(2) The acts subject to this subdivision are all of the following:
(A) Failing to notify the Office of Emergency Services in
violation of Section 8670.25.5.
(B) Knowingly making a false or misleading marine
oil spill report to the Office of Emergency Services.
(C) Continuing operations for which an oil spill contingency plan
is required without an oil spill contingency plan approved pursuant
to Article 5 (commencing with Section 8670.28).
(D) Except as provided in Section 8670.27, knowingly failing to
follow the material provisions of an applicable oil spill contingency
plan.
SEC. 53. Section 8670.66 of the
Government Code is amended to read:
8670.66. (a) Any person who intentionally or negligently does any
of the following acts shall be subject to a civil penalty for a
spill of not less than fifty thousand dollars ($50,000) or more than
one million dollars ($1,000,000), or for an inland spill not
to exceed fifty thousand dollars ($50,000), for each
violation, and each day or partial day that a violation occurs is a
separate violation:
(1) Except as provided in Section 8670.27, fails to follow the
direction or orders of the administrator in connection with a spill
or inland spill.
(2) Fails to notify the Coast Guard that a vessel is disabled
within one hour of the disability and the vessel, while disabled,
causes a spill that enters marine waters of
the state . For the purposes of this
paragraph, "vessel" means a vessel, as defined in Section 21 of the
Harbors and Navigation Code, of 300 gross registered
tons or more.
(3) Is responsible for a spill or inland spill
, unless the discharge is authorized by the United States, the
state, or other agency with appropriate jurisdiction.
(4) Fails to begin cleanup, abatement, or removal of oil as
required in Section 8670.25.
(b) Except as provided in subdivision (a), any person who
intentionally or negligently violates any provision of this chapter,
or Division 7.8 (commencing with Section 8750) of the Public
Resources Code, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to those provisions, shall be
liable for a civil penalty not to exceed two hundred fifty thousand
dollars ($250,000) for each violation of a separate provision, or,
for continuing violations, for each day that violation continues.
(c) No A person shall not
be liable for a civil penalty imposed under this section and for a
civil penalty imposed pursuant to Section 8670.67 for the same act or
failure to act.
SEC. 54. Section 8670.67 of the
Government Code is amended to read:
8670.67. (a) Any person who intentionally or negligently does any
of the following acts shall be subject to an administrative civil
penalty for a spill not to exceed two hundred thousand dollars
($200,000), or for an inland spill not to exceed fifty
thousand dollars ($50,000), for each violation as imposed
by the administrator pursuant to Section 8670.68, and each day or
partial day that a violation occurs is a separate violation:
(1) Except as provided in Section 8670.27, fails to follow the
applicable contingency plans or the direction or orders of the
administrator in connection with a spill or inland spill.
(2) Fails to notify the Coast Guard that a vessel is disabled
within one hour of the disability and the vessel, while disabled,
causes a discharge that enters marine waters
of the state or inland waters. For the
purposes of this paragraph, "vessel" means a vessel, as defined in
Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.
(3) Is responsible for a spill or inland spill
, unless the discharge is authorized by the United States, the
state, or other agency with appropriate jurisdiction.
(4) Fails to begin cleanup, abatement, or removal of spilled oil
as required by Section 8670.25.
(b) Except as provided in subdivision (a), any person who
intentionally or negligently violates any provision of this chapter,
or Division 7.8 (commencing with Section 8750) of the Public
Resources Code, or any permit, rule, regulation, standard, cease and
desist order, or requirement issued or adopted pursuant to those
provisions, shall be liable for an administrative civil penalty as
imposed by the administrator pursuant to Section 8670.68, not to
exceed one hundred thousand dollars ($100,000) for each violation of
a separate provision, or, for continuing violations, for each day
that violation continues.
(c) No A person shall not
be liable for a civil penalty imposed under this section and for a
civil penalty imposed pursuant to Section 8670.66 for the same act or
failure to act.
SEC. 55. Section 8670.67.5 of the
Government Code is amended to read:
8670.67.5. (a) Any person who without regard to intent or
negligence causes or permits a spill or inland spill
shall be strictly liable civilly in accordance with
subdivision (b) or (c).
(b) A penalty may be administratively imposed by the administrator
in accordance with Section 8670.68 in an amount not to
exceed ten dollars ($10) per gallon of oil released for an inland
spill, and in an amount not to exceed twenty dollars ($20)
per gallon for a spill. The amount of the penalty shall be reduced
for every gallon of released oil that is recovered and properly
disposed of in accordance with applicable law.
(c) Whenever the release of oil resulted from gross negligence or
reckless conduct, the administrator shall, in accordance with Section
8670.68, impose a penalty in the amount of thirty dollars
($30) per gallon of oil released for an inland spill, and
in an amount not to exceed sixty dollars ($60) per gallon
for a spill. The amount of the penalty shall be reduced for every
gallon of released oil that is recovered and properly disposed of in
accordance with applicable law.
(d) The administrator shall adopt regulations governing the method
for determining the amount of oil that is cleaned up.
SEC. 56. Section 8670.69.4 of the
Government Code is amended to read:
8670.69.4. (a) When the administrator determines that any person
has undertaken, or is threatening to undertake, any activity or
procedure that (1) requires a permit, certificate, approval, or
authorization under this chapter, without securing a permit,
certificate, approval, or authorization, or (2) is
inconsistent with any of the permits, certificates, rules,
regulations, guidelines, or authorizations ,
previously issued or adopted by the administrator, or (3) threatens
to cause or substantially increases the risk of unauthorized
discharge of oil into the marine waters of the
state, the administrator may issue an order requiring that person to
cease and desist.
(b) Any cease and desist order issued by the administrator may be
subject to such terms and conditions as the
administrator may determine are necessary to ensure compliance with
this division.
(c) Any cease and desist order issued by the administrator shall
become null and void 90 days after issuance.
(d) A cease and desist order issued by the administrator shall be
effective upon the issuance thereof, and copies shall be served
immediately by certified mail upon the person or governmental agency
being charged with the actual or threatened violation.
(e) Any cease and desist order issued by the administrator shall
be consistent with subdivision (a) of Section 8670.27.
SEC. 57. Section 8670.69.7 of the
Government Code is repealed.
8670.69.7. All penalties collected under this article for inland
spills shall be deposited into the Fish and Wildlife Pollution
Account in the Fish and Game Preservation Fund and be available for
expenditure in accordance with Section 12017 of the Fish and Game
Code.
SEC. 58. Section 8670.71 of the
Government Code is amended to read:
8670.71. (a) The administrator shall fund only those projects
approved by the Environmental Enhancement Committee.
(b) For the purposes of this article, an
enhancement project is a project that acquires habitat for
preservation, or improves habitat quality and ecosystem function
above baseline conditions, and that meets all of the following
requirements:
(1) Is located within or immediately adjacent to
California marine waters of the state , as
defined in subdivision (i) of Section 8670.3.
(2) Has measurable outcomes within a predetermined timeframe.
(3) Is designed to acquire, restore, or improve habitat or restore
ecosystem function, or both, to benefit fish and wildlife.
SEC. 59. Section 8670.95 is added to the
Government Code , to read:
8670.95. If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of the
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.
SEC. 60. Section 449 of the Harbors and
Navigation Code is amended to read:
449. (a) The marine exchange and its officers and directors are
subject to Section 5047.5 of the Corporations Code to the extent that
the marine exchange meets the criteria specified in that section.
(b) Nothing in this section shall be deemed to include the marine
exchange or its officers, directors, employees, or representatives
within the meaning of "responsible party" as defined in
subdivision (q) of Section 8670.3 of the Government Code
and subdivision (p) of Section 8750 of the Public Resources Code for
the purposes of the Lempert-Keene-Seastrand Oil Spill Prevention and
Response Act (Article 3.5 (commencing with Section 8574.1) of Chapter
7 and Chapter 7.4 (commencing with Section 8670.1) of Division 1 of
Title 2 of the Government Code and Division 7.8 (commencing with
Section 8750) of the Public Resources Code).
SEC. 61. Section 46002 of the Revenue
and Taxation Code is amended to read:
46002. The collection and administration of the fees referred to
in Sections 46051 and 46052 shall be governed by the definitions
contained in Chapter 7.4 (commencing with Section 8670.1) of Division
1 of Title 2 of the Government Code , unless expressly
otherwise provided by the definitions contained in and
this part.
SEC. 62. Section 46006 of the Revenue
and Taxation Code is amended to read:
46006. "Administrator" means the chief deputy director
of the Department of Fish and Game person
appointed by the Governor pursuant to Section 8670.4 of the
Government Code to implement the Lempert-Keene-Seastrand Oil
Spill Prevention and Response Act (Chapter 7.4 (commencing
with Section 8670.1) of Division 1 of Title 2 of the Government
Code) .
SEC. 63. Section 46007 of the Revenue
and Taxation Code is amended to read:
46007. "Barges" means any relatively flat-bottomed,
waterborne vessel which is propelled by being pulled or pushed by
another vessel, and is constructed or adapted to carry crude oil or
petroleum products in commercial quantities as cargo
vessels that carry oil in commercial quantities as cargo but are not
equipped with a means of self-propulsion .
SEC. 64. Section 46008 of the Revenue
and Taxation Code is repealed.
46008. "Barrel" means 42 gallons of crude oil or petroleum
products.
SEC. 65. Section 46010 of the Revenue
and Taxation Code is amended to read:
46010. "Crude oil" means petroleum in an unrefined or natural
state, including condensate and natural gasoline , and including
substances that enhance, cut, thin, or reduce viscosity
.
SEC. 66. Section 46011 of the Revenue
and Taxation Code is repealed.
46011. "Discharge" means any release of at least one barrel of
oil into marine waters which is not authorized by any federal, state,
or local government entity.
SEC. 67. Section 46011 is added to the
Revenue and Taxation Code , to read:
46011. (a) "Facility" means any of the following located in state
waters or located where an oil spill may impact state waters:
(1) A building, structure, installation, or equipment used in oil
exploration, oil well drilling operations, oil production, oil
refining, oil storage, oil gathering, oil processing, oil transfer,
oil distribution, or oil transportation.
(2) A marine terminal.
(3) A pipeline that transports oil.
(4) A railroad that transports oil as cargo.
(5) A drill ship, semisubmersible drilling platform, jack-up type
drilling rig, or any other floating or temporary drilling platform.
(b) "Facility" does not include any of the following:
(1) A vessel, except a vessel located and used for any purpose
described in paragraph (5) of subdivision (a).
(2) An owner or operator subject to Chapter 6.67 (commencing with
Section 25270) of or Chapter 6.75 (commencing with Section 25299.10)
of Division 20 of the Health and Safety Code.
(3) Operations on a farm, nursery, logging site, or construction
site that are either of the following:
(A) Do not exceed 20,000 gallons in a single storage tank.
(B) Have a useable tank storage capacity not exceeding 75,000
gallons.
(4) A small craft refueling dock.
SEC. 68. Section 46013 of the Revenue
and Taxation Code is amended to read:
46013. "Feepayer" means any person who may be
liable for the payment of a fee imposed by either Section 8670.40 or
8670.48 of the Government Code.
SEC. 69. Section 46014 of the Revenue
and Taxation Code is repealed.
46014. "Independent crude oil producer" means any person or
entity producing crude oil within this state who does not refine
crude oil into product, and who does not own or operate any retail
gasoline marketing facilities.
SEC. 70. Section 46015 of the Revenue
and Taxation Code is repealed.
46015. "Local government" means any chartered or general law
city, chartered or general law county, or any city and county.
SEC. 71. Section 46016 of the Revenue
and Taxation Code is repealed.
46016. "Marine facility" means any facility of any kind, other
than a vessel, which is or was used for the purposes of exploring
for, drilling for, producing, storing, handling, transferring,
processing, refining, or transporting crude oil or petroleum products
and is located in marine waters, or is located where a discharge
could impact marine waters unless the facility, (1) is subject to
Chapter 6.67 (commencing with Section 25270) or Chapter 6.75
(commencing with Section 25299.10) of Division 20 of the Health and
Safety Code or, (2) is placed on a farm, nursery, logging site, small
craft refueling dock as defined in Section 8670.3 of the Government
Code, or construction site and does not exceed 20,000 gallons in a
single storage tank. For the purposes of this part, a drill ship,
semisubmersible drilling platform, jack-up type drilling rig, or any
other floating or temporary drilling platform is a "marine facility."
SEC. 72. Section 46017 of the Revenue
and Taxation Code is amended to read:
46017. "Marine terminal" means any marine
facility used for transferring crude oil or petroleum products to or
from tankers or barges. For the purposes of this
part, a marine terminal includes all piping not integrally connected
to a tank facility as defined in subdivision (k)
(n) of Section 25270.2 of the Health and Safety Code.
SEC. 73. Section 46018 of the Revenue
and Taxation Code is repealed.
46018. "Marine waters" means those waters subject to tidal
influence, and includes the waterways used for waterborne commercial
vessel traffic to the Port of Sacramento and the Port of Stockton.
SEC. 74. Section 46018 is added to the
Revenue and Taxation Code , to read:
46018. "Oil" means any kind of petroleum, liquid hydrocarbons, or
petroleum products or any fraction or residues therefrom, including,
but not limited to, crude oil, bunker fuel, gasoline, diesel fuel,
aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.
SEC. 75. Section 46019 of the Revenue
and Taxation Code is repealed.
46019. (a) "Operator" means any of the following:
(1) Any person who owns, operates, charters by demise, or leases a
vessel.
(2) Any person who owns or operates a marine facility.
(3) Any person who owns or operates a marine pipeline.
(4) Any person who owns or operates a refinery.
(b) "Operator" does not include a person who, without
participating in the management of a vessel or marine facility, holds
indicia of ownership primarily to protect his or her security
interest in the vessel or marine facility. Also, "operator" does not
include any person who owns the land beneath a marine facility or the
facility itself if the person is not involved in the operation of
the facility.
SEC. 76. Section 46023 of the Revenue
and Taxation Code is amended to read:
46023. "Refinery" means a facility or location which
that refines crude oil, including condensate and
natural gasoline, into petroleum products, lubricating oils, coke,
or asphalt.
SEC. 77. Section 46024 of the Revenue
and Taxation Code is repealed.
46024. "Responsible party" or "party responsible" means any of
the following:
(a) The owner or transporter of crude oil or petroleum products or
a person or entity accepting responsibility for the crude oil or
petroleum products.
(b) The owner, operator, or lessee of, or person who charters by
demise, any vessel or marine facility, or a person or entity
accepting responsibility for the vessel or marine facility.
SEC. 78. Section 46025 of the Revenue
and Taxation Code is repealed.
46025. "Spill" means any release of at least one barrel of crude
oil or petroleum products into marine waters which is not authorized
by any federal, state, or local government entity.
SEC. 79. Section 46027 of the Revenue
and Taxation Code is repealed.
46027. "State oil spill contingency plan" means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7 of Division 1 of Title
2 of the Government Code.
SEC. 80. Section 46027 is added to the
Revenue and Taxation Code , to read:
46027. "State waters" or "waters of the state" means any surface
water, including saline waters, marine waters, and freshwaters,
within the boundaries of the state but does not include groundwater.
SEC. 81. Section 46028 of the Revenue
and Taxation Code is amended to read:
46028. "Tanker" means any a
self-propelled , waterborne vessel ,
that is constructed or adapted for the carriage
of crude oil or petroleum products
in bulk or in commercial quantities as cargo.
SEC. 82. Section 46101 of the Revenue
and Taxation Code is amended to read:
46101. Every person who operates an oil a
refinery in this state, a marine terminal in marine
waters of the state , or operates a pipeline
across, under, or through marine waters or any pipeline
to transport crude oil or petroleum products out
of the state shall register with the board.
SEC. 83. Section 13272 of the Water
Code is amended to read:
13272. (a) Except as provided by subdivision (b), any person who,
without regard to intent or negligence, causes or permits any oil or
petroleum product to be discharged in or on any waters of the state,
or discharged or deposited where it is, or probably will be,
discharged in or on any waters of the state, shall, as soon as (1)
that person has knowledge of the discharge, (2) notification is
possible, and (3) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
Office of Emergency Services of the discharge in accordance with the
spill reporting provision of the California oil spill contingency
plan adopted pursuant to Article 3.5 (commencing with Section 8574.1)
of Chapter 7 of Division 1 of Title 2 of the Government Code.
This section shall not apply to spills of oil into marine
waters as defined in subdivision (f) of Section 8670.3 of the
Government Code.
(b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not less than five hundred dollars ($500) or more than five thousand
dollars ($5,000) per day for each day of failure to notify, or
imprisonment of not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which
that does not result in a discharge to the waters of this
state. This subdivision shall not apply to any person who is fined by
the federal government for a failure to report a discharge of oil.
(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(e) Immediate notification to the appropriate regional board of
the discharge, in accordance with reporting requirements set under
Section 13267 or 13383, shall constitute compliance with the
requirements of subdivision (a).
(f) The reportable quantity for oil or petroleum products shall be
one barrel (42 gallons) or more, by direct discharge to the
receiving waters, unless a more restrictive reporting standard for a
particular body of water is adopted.
SEC. 84. (a) The Director of Finance may make
available for expenditure in the 2014-15 fiscal year from the Oil
Spill Prevention and Administration Fund, established pursuant to
Section 8670.38 of the Government Code, an augmentation of Item
0860-001-0320 of the Budget Act of 2014 in an amount equal to the
reasonable costs incurred by the State Board of Equalization
associated with amendments made to Section 8670.40 of the Government
Code in the 2013-14 Regular Session.
(b) Any augmentation shall be authorized no sooner than 30 days
following the transmittal of the approval to the Chairperson of the
Joint Legislative Budget Committee.
SEC. 85. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. All matter omitted in this version of
the bill appears in the bill as amended in the Senate May 6, 2014.
(JR11)