Amended in Assembly July 1, 2014

Amended in Assembly June 18, 2014

Amended in Assembly June 9, 2014

Amended in Senate May 27, 2014

Amended in Senate May 6, 2014

Amended in Senate April 21, 2014

Amended in Senate April 2, 2014

Senate BillNo. 1319


Introduced by Senator Pavley

(Coauthors: Senators Hill, Lara, Leno, and Wolk)

February 21, 2014


An act to amend Sections 8574.7, 8670.8, 8670.8.3, 8670.12, 8670.36, 8670.40, 8670.54, and 8670.56.6 of, and to add Sections 8670.6.5, 8670.15, 8670.29.5, and 8670.32.5 to, the Government Code,begin insert to amend Section 25364 of the Public Resources Code,end insert and to amend Sections 765.5 and 7711 of the Public Utilities Code, relating to oil spills.

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 tobegin delete add a marine oil spill contingency planning section containing specified elements, including an environmentally and ecologically sensitive areas elementend deletebegin insert provide for the best achievable protection of waters of the state that contains specified elements, including, among others, a regional and local planning elementend insert. 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 ofbegin delete 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.end deletebegin insert the waters and natural resources of the state.end insert

begin delete

Senate Bill 861, if enacted, would generally expand the act and the administrator’s responsibilities relating to oil spills to cover all waters of the state, as defined.

end delete

This bill would expand the regional and local planning element of the California oil spill contingency plan to include the identification and mitigation of public health and safety impacts from an oil spill in waters of the state. The bill would authorize the administrator to obtain confidential and other information from the Office of Emergency Services, the State Energy Resources Conservation and Development Commission, and other regulators, as necessary, in order for the administrator to carry out his or her duties, and would require the administrator to develop procedures in handling the obtained information.begin insert The bill would require the administrator 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. The bill would require the administrator to offer grants to a local government with jurisdiction over or directly adjacent to waters of the state to provide oil spill response equipment to be deployed by a specified local spill response manager and to request an appropriation for this purpose.end insert The bill would require the administrator, no later than January 1, 2016, to conduct a study and evaluation for inland areas of the state and would require the administrator to obtain annually, at a minimum, information on the modes of transportation of oil into and within the state and the properties of the oil and to provide this information to the Oil Spill Technical Advisory Committee. The bill would also require the administrator, in consultation with the appropriate local, state, and federal regulators, to conduct a comprehensive risk assessment of nonvessel modes of transportation oil and to identify those operations that pose the highest risk of a pollution incident in state waters, as specified, and would require the administrator to obtain and make publicly available, as specified, previously filed information related to the transport of oil through, near, or into communities, as specified.begin delete The bill also would make other conforming and technical changes.end delete

(2) Existing law requires the administrator, within 5 working days after receipt of a contingency plan, prepared as specified, tobegin delete sendend deletebegin insert postend insert a notice that the plan is available forbegin delete review to the Oil Spill Technical Advisory Committee.end deletebegin insert review. Existing law requires the State Lands Commission and the California Coastal Commission to review the plans for facilities or local governments within the coastal zone.end insert

This billbegin delete 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. The billend delete 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.

(3) Existing law imposes an oil spill prevention and administration fee in an amount determined by the administrator to be sufficient tobegin delete implement oil spill prevention activitiesend deletebegin insert pay the reasonable regulatory costs of specified oil spill prevention activitiesend insert, but not to exceed $0.065 per barrel of crude oil or petroleum productsbegin delete and, beginning January 1, 2015, to an amount not to exceed $0.05end delete, on persons owning crude oil or petroleum productsbegin insert receivedend insert at a marine terminalbegin insert or refineryend insert. 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 activitiesbegin insert and would remove the fee cap of $0.065 per barrel of crude oil or petroleum productsend insert.begin delete 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..end delete

begin delete

This bill would require every person who operates an oil refinery, marine terminal, or a pipeline to register with the State Board of Equalization. By expanding the scope of crimes in the act, this bill would impose a state-mandated local program.

end delete

(4) 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 ofbegin delete 10end deletebegin insert 14end insert members.

This bill would increase the number of members frombegin delete 10end deletebegin insert 14end insert to 15 and would require thebegin delete 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 theend delete Governor to appointbegin delete 3 additional members, with one having knowledge of the railroad industry, another having knowledge of the oil production industry, and another havingend deletebegin insert an additional member withend insert knowledge of the truck transportation industry.

begin insert

(5) Existing law requires, beginning November 1, 2003, and every 2 years thereafter, the State Energy Resources Conservation and Development Commission, commonly known as the California Energy Commission, to adopt an integrated energy policy report that contains an overview of certain topics including specified transportation forecasting and assessment activities. Existing law requires refiners, major marketers of petroleum products, major oil producers, oil transporters, and oil storers to submit specified information during specified periods to the commission. Existing law makes specified information collected by the commission confidential, subject to certain exceptions.

end insert
begin insert

This bill would authorize the commission to disclose specified confidential information to the administrator for oil spill response so long as the administrator for oil spill response agrees to keep that information confidential, as specified.

end insert
begin delete

(5)

end delete

begin insert(6)end insert Existing law requires the Public Utilities Commission to establish, by regulation, the inspection of railroad locomotives, equipment, and facilities occur not less frequently than every 120 days, and, in addition to those minimum inspections, that the commission conduct focused inspections of railroad yards and track, either in coordination with the Federal Railroad Administration or as the commission determines to be necessary.

This bill would expand those inspections to include bridges and grade crossings over which oil is being transported and oil unloading facilities, as specified. The bill also would authorize the commission to regulate essential local safety hazards for the transport of oil more stringently than federal regulation, as specified.

Existing law requires the commission to report to the Legislature, on or before July 1 each year, on sites on railroad lines in the state it finds to be hazardous, as specified.

This bill would expand that annual report to the Legislature to include the timing, nature, and status of the remediation of defects or violations of federal and state law related to the transport and unloading of oil detected by the commission through its inspections.

begin delete

(6) This bill would make its provisions contingent on the enactment of SB 861 of the 2013-14 Regular Session.

end delete
begin delete

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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

begin delete
P5    1

SECTION 1.  

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

3

8574.7.  

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

10(a) A state response element that specifies the hierarchy for state
11and local agency response to an oil spill. The element shall define
12the necessary tasks for oversight and control of cleanup and
13removal activities associated with an oil spill and shall specify
14each agency’s particular responsibility in carrying out these tasks.
15The element shall also include an organizational chart of the state
16oil spill response organization and a definition of the resources,
P6    1capabilities, and response assignments of each agency involved
2in cleanup and removal actions in an oil spill.

3(b) A regional and local planning element that shall provide the
4framework for the involvement of regional and local agencies in
5the state effort to respond to an oil spill, and shall ensure the
6effective and efficient use of regional and local resources, as
7appropriate, in all of the following:

8(1) Traffic and crowd control.

9(2) Firefighting.

10(3) Boating traffic control.

11(4) Radio and communications control and provision of access
12to equipment.

13(5) Identification and use of available local and regional
14equipment or other resources suitable for use in cleanup and
15removal actions.

16(6) Identification of private and volunteer resources or personnel
17with special or unique capabilities relating to oil spill cleanup and
18removal actions.

19(7) Provision of medical emergency services.

20(8) Identification and mitigation of public health and safety
21impacts.

22(9) Consideration of the identification and use of private working
23craft and mariners, including commercial fishing vessels and
24licensed commercial fishing men and women, in containment,
25cleanup, and removal actions.

26(c) A coastal protection element that establishes the state
27 standards for coastline protection. The administrator, in
28consultation with the Coast Guard and Navy and the shipping
29industry, shall develop criteria for coastline protection. If
30appropriate, the administrator shall consult with representatives
31from the States of Alaska, Washington, and Oregon, the Province
32of British Columbia in Canada, and the Republic of Mexico. The
33criteria shall designate at least all of the following:

34(1) Appropriate shipping lanes and navigational aids for tankers,
35barges, and other commercial vessels to reduce the likelihood of
36collisions between tankers, barges, and other commercial vessels.
37Designated shipping lanes shall be located off the coastline at a
38distance sufficient to significantly reduce the likelihood that
39disabled vessels will run aground along the coast of the state.

40(2) Ship position reporting and communications requirements.

P7    1(3) Required predeployment of protective equipment for
2sensitive environmental areas along the coastline.

3(4) Required emergency response vessels that are capable of
4preventing disabled tankers from running aground.

5(5) Required emergency response vessels that are capable of
6commencing oil cleanup operations before spilled oil can reach
7the shoreline.

8(6) An expedited decisionmaking process for dispersant use in
9coastal waters. Prior to adoption of the process, the administrator
10shall ensure that a comprehensive testing program is carried out
11for any dispersant proposed for use in California marine waters.
12The testing program shall evaluate toxicity and effectiveness of
13the dispersants.

14(7) Required rehabilitation facilities for wildlife injured by
15spilled oil.

16(8) An assessment of how activities that usually require a permit
17from a state or local agency may be expedited or issued by the
18administrator in the event of an oil spill.

19(d) An environmentally and ecologically sensitive areas element
20that shall provide the framework for prioritizing and ensuring the
21protection of environmentally and ecologically sensitive areas.
22The environmentally and ecologically sensitive areas element shall
23be developed by the administrator, in conjunction with appropriate
24local agencies, and shall include all of the following:

25(1) Identification and prioritization of environmentally and
26ecologically sensitive areas in state waters and along the coast.
27Identification and prioritization of environmentally and ecologically
28sensitive areas shall not prevent or excuse the use of all reasonably
29available containment and cleanup resources from being used to
30protect every environmentally and ecologically sensitive area
31possible. Environmentally and ecologically sensitive areas shall
32be prioritized through the evaluation of criteria, including, but not
33limited to, all of the following:

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

35(B) Environmental, ecological, recreational, and economic
36importance.

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

38(2) Regional maps depicting environmentally and ecologically
39sensitive areas in state waters or along the coast that shall be
40distributed to facilities and local and state agencies. The maps shall
P8    1 designate those areas that have particularly high priority for
2protection against oil spills.

3(3) A plan for protection actions required to be taken in the
4event of an oil spill for each of the environmentally and
5ecologically sensitive areas and protection priorities for the first
624 to 48 hours after an oil spill shall be specified.

7(4) The location of available response equipment and the
8availability of trained personnel to deploy the equipment to protect
9the priority environmentally and ecologically sensitive areas.

10(5) A program for systemically testing and revising, if necessary,
11protection strategies for each of the priority environmentally and
12ecologically sensitive areas.

13(6) Any recommendations for action that cannot be financed or
14implemented pursuant to existing authority of the administrator,
15which shall also be reported to the Legislature along with
16recommendations for financing those actions.

17(e) A reporting element that requires the reporting of oil spills
18of any amount of oil into state waters.

end delete
19begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8574.7 of the end insertbegin insertGovernment Codeend insertbegin insert is
20amended to read:end insert

21

8574.7.  

The Governor shall require the administrator, not in
22conflict with the National Contingency Plan, to amend the
23California oil spill contingency plan to provide for the best
24achievable protection of waters of the state. “Administrator” for
25purposes of this section means the administrator appointed by the
26Governor pursuant to Section 8670.4. The plan shall consist of all
27of the following elements:

28(a) A state response element that specifies the hierarchy for state
29and local agency response to an oil spill. The element shall define
30the necessary tasks for oversight and control of cleanup and
31removal activities associated with an oil spill and shall specify
32each agency’s particular responsibility in carrying out these tasks.
33The element shall also include an organizational chart of the state
34oil spill response organization and a definition of the resources,
35capabilities, and response assignments of each agency involved
36in cleanup and removal actions in an oil spill.

37(b) A regional and local planning element that shall provide the
38framework for the involvement of regional and local agencies in
39the state effort to respond to an oil spill, and shall ensure the
P9    1effective and efficient use of regional and local resources, as
2appropriate, in all of the following:

3(1) Traffic and crowd control.

4(2) Firefighting.

5(3) Boating traffic control.

6(4) Radio and communications control and provision of access
7to equipment.

8(5) Identification and use of available local and regional
9equipment or other resources suitable for use in cleanup and
10removal actions.

11(6) Identification of private and volunteer resources or personnel
12with special or unique capabilities relating to oil spill cleanup and
13removal actions.

14(7) Provision of medical emergency services.

begin insert

15(8) Identification and mitigation of public health and safety
16impacts.

end insert
begin delete

17(8)

end delete

18begin insert(9)end insert Consideration of the identification and use of private working
19craft and mariners, including commercial fishing vessels and
20licensed commercial fishing men and women, in containment,
21cleanup, and removal actions.

22(c) A coastal protection element that establishes the state
23standards for coastline protection. The administrator, in
24consultation with the Coast Guard and Navy and the shipping
25industry, shall develop criteria for coastline protection. If
26appropriate, the administrator shall consult with representatives
27from the States of Alaska, Washington, and Oregon, the Province
28of British Columbia in Canada, and the Republic of Mexico. The
29criteria shall designate at least all of the following:

30(1) Appropriate shipping lanes and navigational aids for tankers,
31barges, and other commercial vessels to reduce the likelihood of
32collisions between tankers, barges, and other commercial vessels.
33Designated shipping lanes shall be located off the coastline at a
34distance sufficient to significantly reduce the likelihood that
35disabled vessels will run aground along the coast of the state.

36(2) Ship position reporting and communications requirements.

37(3) Required predeployment of protective equipment for
38sensitive environmental areas along the coastline.

39(4) Required emergency response vessels that are capable of
40preventing disabled tankers from running aground.

P10   1(5) Required emergency response vessels that are capable of
2commencing oil cleanup operations before spilled oil can reach
3the shoreline.

4(6) An expedited decisionmaking process for dispersant use in
5 coastal waters. Prior to adoption of the process, the administrator
6shall ensure that a comprehensive testing program is carried out
7for any dispersant proposed for use in California marine waters.
8The testing program shall evaluate toxicity and effectiveness of
9the dispersants.

10(7) Required rehabilitation facilities for wildlife injured by
11spilled oil.

12(8) An assessment of how activities that usually require a permit
13from a state or local agency may be expedited or issued by the
14administrator in the event of an oil spill.

15(d) An environmentally and ecologically sensitive areas element
16that shall provide the framework for prioritizing and ensuring the
17protection of environmentally and ecologically sensitive areas.
18The environmentally and ecologically sensitive areas element shall
19be developed by the administrator, in conjunction with appropriate
20local agencies, and shall include all of the following:

21(1) Identification and prioritization of environmentally and
22ecologically sensitive areas in state waters and along the coast.
23Identification and prioritization of environmentally and ecologically
24sensitive areas shall not prevent or excuse the use of all reasonably
25available containment and cleanup resources from being used to
26protect every environmentally and ecologically sensitive area
27possible. Environmentally and ecologically sensitive areas shall
28be prioritized through the evaluation of criteria, including, but not
29limited to, all of the following:

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

31(B) Environmental, ecological, recreational, and economic
32importance.

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

34(2) Regional maps depicting environmentally and ecologically
35sensitive areas in state waters or along the coast that shall be
36distributed to facilities and local and state agencies. The maps shall
37designate those areas that have particularly high priority for
38protection against oil spills.

39(3) A plan for protection actions required to be taken in the
40event of an oil spill for each of the environmentally and
P11   1ecologically sensitive areas and protection priorities for the first
224 to 48 hours after an oil spill shall be specified.

3(4) The location of available response equipment and the
4availability of trained personnel to deploy the equipment to protect
5the priority environmentally and ecologically sensitive areas.

6(5) A program for systemically testing and revising, if necessary,
7protection strategies for each of the priority environmentally and
8ecologically sensitive areas.

9(6) Any recommendations for action that cannot be financed or
10implemented pursuant to existing authority of the administrator,
11which shall also be reported to the Legislature along with
12recommendations for financing those actions.

13(e) A reporting element that requires the reporting of spills of
14any amount of oil in or on state waters.

15

SEC. 2.  

Section 8670.6.5 is added to the Government Code,
16to read:

17

8670.6.5.  

The administrator may obtain confidential and other
18information protected from public disclosure from the Office of
19Emergency Services, the State Energy Resources Conservation
20and Development Commission, and other regulators, as necessary,
21in order for the administrator to carry out his or her duties. The
22administrator shall develop procedures for handling the obtained
23information consistent with the California Public Records Act
24(Chapter 3.5 (commencing with Section 6250) of Division 7 of
25Titlebegin delete 1)end deletebegin insert 1), Section 25364 of the Public Resources Code,end insert and
26federal law.

begin delete
27

SEC. 3.  

Section 8670.8 of the Government Code is amended
28to read:

29

8670.8.  

(a) The administrator shall carry out programs to
30provide training for individuals in response, containment, and
31cleanup operations and equipment, equipment deployment, and
32the planning and management of these programs. These programs
33may include training for members of the California Conservation
34Corps, other response personnel employed by the state, personnel
35employed by other public entities, personnel from marine facilities,
36commercial fishermen and other mariners, and interested members
37of the public. Training may be offered for volunteers.

38(b) The administrator may offer training to anyone who is
39required to take part in response and cleanup efforts under the
P12   1California oil spill contingency plan or under local government
2contingency plans prepared and approved under this chapter.

3(c) Upon request by a local government, the administrator shall
4provide a program for training and certification of a local
5emergency responder designated as a local spill response manager
6by a local government with jurisdiction over or directly adjacent
7to waters of the state.

8(d) Trained and certified local spill response managers shall
9participate in all drills upon request of the administrator.

10(e) As part of the training and certification program, the
11administrator shall authorize a local spill response manager to train
12and certify volunteers.

13(f) In the event of an oil spill, local spill response managers
14trained and certified pursuant to subdivision (c) shall provide the
15state on scene coordinator with timely information on activities
16and resources deployed by local government in response to the oil
17spill. The local spill response manager shall cooperate with the
18administrator and respond in a manner consistent with the area
19contingency plan to the extent possible.

20(g) Funding for activities undertaken pursuant to subdivisions
21(a) to (c), inclusive, shall be from the Oil Spill Prevention and
22Administration Fund created pursuant to Section 8670.38.

23(h) All training provided by the administrator shall follow the
24requirements of applicable federal and state occupational safety
25and health standards adopted by the Occupational Safety and
26Health Administration of the Department of Labor and the
27Occupational Safety and Health Standards Board.

end delete
28begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8670.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert

30

8670.8.  

(a) The administrator shall carry out programs to
31provide training for individuals in response, containment, and
32cleanup operations and equipment, equipment deployment, and
33the planning and management of these programs. These programs
34may include training for members of the California Conservation
35Corps, other response personnel employed by the state, personnel
36employed by other public entities, personnel from marine facilities,
37commercial fishermen and other mariners, and interested members
38of the public. Training may be offered for volunteers.

39(b) The administrator may offer training to anyone who is
40required to take part in response and cleanup efforts under the
P13   1California oil spill contingency plan or under local government
2contingency plans prepared and approved under this chapter.

3(c) Upon request by a local government, the administratorbegin delete mayend delete
4begin insert shallend insert provide a program for training and certification of a local
5emergency responder designated as a local spill response manager
6by a local government with jurisdiction over or directly adjacent
7to waters of the state.

8(d) Trained and certified local spill response managers shall
9participate in all drills upon request of the administrator.

10(e) As part of the training and certification program, the
11administrator shall authorize a local spill response manager to train
12and certify volunteers.

13(f) In the event of an oil spill, local spill response managers
14trained and certified pursuant to subdivision (c) shall provide the
15state onscene coordinator with timely information on activities
16and resources deployed by local government in response to the oil
17spill. The local spill response manager shall cooperate with the
18administrator and respond in a manner consistent with the area
19contingency plan to the extent possible.

20(g) Funding for activities undertaken pursuant to subdivisions
21(a) to (c), inclusive, shall be from the Oil Spill Prevention and
22Administration Fund created pursuant to Section 8670.38.

23(h) All training provided by the administrator shall follow the
24requirements of applicable federal and state occupational safety
25and health standards adopted by the Occupational Safety and
26Health Administration of the Department of Labor and the
27Occupational Safety and Health Standards Board.

begin delete28

SEC. 4.  

Section 8670.8.3 of the Government Code is amended
29to read:

30

8670.8.3.  

The administrator shall offer grants to a local
31government with jurisdiction over or directly adjacent to waters
32of the state to provide oil spill response equipment to be deployed
33by a local spill response manager certified pursuant to Section
348670.8. The administrator shall request the Legislature to
35appropriate funds from the Oil Spill Prevention and Administration
36Fund created pursuant to Section 8670.38 for the purposes of this
37section.

end delete
38begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 8670.8.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert

P14   1

8670.8.3.  

The administratorbegin delete mayend deletebegin insert shallend insert offer grants to a local
2government with jurisdiction over or directly adjacent to waters
3of the state to provide oil spill response equipment to be deployed
4by a local spill response manager certified pursuant to Section
58670.8. The administratorbegin delete mayend deletebegin insert shallend insert request the Legislature to
6appropriate funds from the Oil Spill Prevention and Administration
7Fund created pursuant to Section 8670.38 for the purposes of this
8section.

begin delete
9

SEC. 5.  

Section 8670.12 of the Government Code is amended
10to read:

11

8670.12.  

(a) (1) The administrator shall conduct studies and
12evaluations necessary for improving oil spill response, containment,
13and cleanup and oil spill wildlife rehabilitation in waters of the
14state and oil transportation systems. The administrator may expend
15moneys from the Oil Spill Prevention and Administration Fund
16created pursuant to Section 8670.38, enter into consultation
17agreements, and acquire necessary equipment and services for the
18purpose of carrying out these studies and evaluations.

19(2) On or before January 1, 2016, the administrator shall conduct
20a study and evaluation pursuant to paragraph (1) for inland areas
21of the state. The study and evaluation shall include, but shall not
22be limited to, an analysis of likely spill scenarios, response
23requirements for oil of varying properties and urban, rural, and
24sensitive environments, and spill response equipment and
25resources.

26(b) The administrator shall study the use and effects of
27dispersants, incineration, bioremediation, and any other methods
28used to respond to a spill. The study shall periodically be updated
29to ensure the best achievable protection from the use of those
30methods. Based upon substantial evidence in the record, the
31administrator may determine in individual cases that best
32achievable protection is provided by establishing requirements
33that provide the greatest degree of protection achievable without
34imposing costs that significantly outweigh the incremental
35protection that would otherwise be provided. The studies shall do
36all of the following:

37(1) Evaluate the effectiveness of dispersants and other chemical
38 agents in oil spill response under varying environmental conditions.

39(2) Evaluate potential adverse impacts on the environment and
40public health including, but not limited to, adverse toxic impacts
P15   1on water quality, fisheries, and wildlife with consideration to
2bioaccumulation and synergistic impacts, and the potential for
3human exposure, including skin contact and consumption of
4contaminated seafood.

5(3) Recommend appropriate uses and limitations on the use of
6dispersants and other chemical agents to ensure they are used only
7in situations where the administrator determines they are effective
8and safe.

9(c) The administrator shall evaluate the feasibility of using
10commercial fishermen and other mariners for oil spill containment
11and cleanup. The study shall examine the following:

12(1) Equipment and technology needs.

13(2) Coordination with private response personnel.

14(3) Liability and insurance.

15(4) Compensation.

16(d) The studies shall be performed in conjunction with any
17studies performed by federal, state, and international entities. The
18administrator may enter into contracts for the studies.

end delete
19begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 8670.12 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
20to read:end insert

21

8670.12.  

(a) begin insert(1)end insertbegin insertend insertThe administrator shall conduct studies and
22evaluations necessary for improving oil spill response, containment,
23and cleanup and oil spill wildlife rehabilitation in waters of the
24state and oil transportation systems. The administrator may expend
25moneys from the Oil Spill Prevention and Administration Fund
26created pursuant to Section 8670.38, enter into consultation
27agreements, and acquire necessary equipment and services for the
28purpose of carrying out these studies and evaluations.

begin insert

29(2) On or before January 1, 2016, the administrator shall
30conduct a study and evaluation pursuant to paragraph (1) for
31inland areas of the state. The study and evaluation shall include,
32but shall not be limited to, an analysis of likely spill scenarios,
33response requirements for oil of varying properties and urban,
34rural, and sensitive environments, and spill response equipment
35and resources.

end insert

36(b) The administrator shall study the use and effects of
37dispersants, incineration, bioremediation, and any other methods
38used to respond to a spill. The study shall periodically be updated
39to ensure the best achievable protection from the use of those
40methods. Based upon substantial evidence in the record, the
P16   1administrator may determine in individual cases that best
2achievable protection is provided by establishing requirements
3that provide the greatest degree of protection achievable without
4imposing costs that significantly outweigh the incremental
5protection that would otherwise be provided. The studies shall do
6all of the following:

7(1) Evaluate the effectiveness of dispersants and other chemical
8agents in oil spill response under varying environmental conditions.

9(2) Evaluate potential adverse impacts on the environment and
10public health including, but not limited to, adverse toxic impacts
11on water quality, fisheries, and wildlife with consideration to
12bioaccumulation and synergistic impacts, and the potential for
13human exposure, including skin contact and consumption of
14contaminated seafood.

15(3) Recommend appropriate uses and limitations on the use of
16dispersants and other chemical agents to ensure they are used only
17in situations where the administrator determines they are effective
18and safe.

19(c) The administrator shall evaluate the feasibility of using
20commercial fishermen and other mariners for oil spill containment
21and cleanup. The study shall examine the following:

22(1) Equipment and technology needs.

23(2) Coordination with private response personnel.

24(3) Liability and insurance.

25(4) Compensation.

26(d) The studies shall be performed in conjunction with any
27studies performed by federal, state, and international entities. The
28administrator may enter into contracts for the studies.

29

SEC. 6.  

Section 8670.15 is added to the Government Code, to
30read:

31

8670.15.  

(a) To the extent allowed by federal and state law
32and to provide public transparency, the Legislature declares it is
33the policy of the state that communities that face significant risks
34associated with the transport or planned transport of significant
35quantities of oil through or near those communities be notified of
36the quantities and properties of the oil in a timely manner.

37(b) The administrator shall obtain and make publicly available,
38as allowed pursuant to the California Public Records Act (Chapter
393.5 (commencing with Section 6250) of Division 7 of Title 1) and
40federal law, previously filed information related to the transport
P17   1of oil through, near, or into communities. The previously filed
2information shall include the type and quantity of oil and its mode
3of transport. The previously filed information shall be obtained
4annually, at a minimum, and shall cover the immediately preceding
512-month period.

6(c) For purposes of this section,begin insert “transport”end insert includes transport
7or planned transport by vessel, truck, railroad, or pipeline.

8

SEC. 7.  

Section 8670.29.5 is added to the Government Code,
9to read:

10

8670.29.5.  

(a) The administrator shall obtain annually, at a
11minimum, information on the modes of transportation of oil into
12and within the state and the properties of the oil in order to evaluate
13and identify any necessary changes in oil spill response and
14preparedness programs to meet the goals of this chapter.

15(b) The administrator shall provide this information to the Oil
16Spill Technical Advisory Committee, established pursuant to
17Section 8670.54.

18

SEC. 8.  

Section 8670.32.5 is added to the Government Code,
19to read:

20

8670.32.5.  

The administrator, in consultation with the
21appropriate local, state, and federal regulators, shall conduct a
22comprehensive risk assessment of nonvessel modes of
23transportation of oil and shall identify those operations that pose
24the highest risk of a pollution incident in state waters. The
25assessment shall include a consideration of the likely range in
26properties of the oil.

begin delete
27

SEC. 9.  

Section 8670.36 of the Government Code is amended
28to read:

29

8670.36.  

The administrator shall, within five working days
30after receipt of a contingency plan prepared pursuant to Section
318670.28 or 8670.35, post a notice that the plan is available for
32review. The administrator shall send a copy of the plan within two
33working days after receiving a request from the Oil Spill Technical
34Advisory Committee. The State Lands Commission and the
35California Coastal Commission shall review the plans for facilities
36or local governments within the coastal zone. The San Francisco
37Bay Conservation and Development Commission shall review the
38plans for facilities or local governments within the area described
39in Sections 66610 and 29101 of the Public Resources Code. The
40California Environmental Protection Agency and the Office of
P18   1Emergency Services shall review the plans for facilities or local
2governments located outside of the coastal zone. Any state agency
3or committee that comments shall submit its comments to the
4administrator within 15 days of receipt of the plan. The
5administrator shall consider all comments.

end delete
6begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 8670.36 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
7to read:end insert

8

8670.36.  

The administrator shall, within five working days
9after receipt of a contingency plan prepared pursuant to Section
108670.28 or 8670.35, post a notice that the plan is available for
11review. The administrator shall send a copy of the plan within two
12working days after receiving a request from the Oil Spill Technical
13Advisory Committee. The State Lands Commission and the
14California Coastal Commission shall review the plans for facilities
15or local governments within the coastal zone. The San Francisco
16Bay Conservation and Development Commission shall review the
17plans for facilities or local governments within the area described
18in Sections 66610 and 29101 of the Public Resources Code.begin insert The
19California Environmental Protection Agency and the Office of
20Emergency Services shall review the plans for facilities or local
21governments located outside of the coastal zone.end insert
Any state agency
22or committee that comments shall submit its comments to the
23administrator within 15 days of receipt of the plan. The
24administrator shall consider all comments.

begin delete
25

SEC. 10.  

Section 8670.40 of the Government Code is amended
26to read:

27

8670.40.  

(a) The State Board of Equalization shall collect a
28fee in an amount annually determined by the administrator to be
29sufficient to pay the reasonable regulatory costs to carry out the
30purposes set forth in subdivision (e), and a reasonable reserve for
31contingencies. The oil spill prevention and administration fee shall
32be based on each barrel of crude oil or petroleum products, as
33described in subdivision (b).

34(b) (1) The oil spill prevention and administration fee shall be
35imposed upon a person owning crude oil at the time that the crude
36oil is received at a marine terminal, by any mode of delivery that
37passed over, across, under, or through waters of the state, from
38within or outside the state, and upon a person who owns petroleum
39products at the time that those petroleum products are received at
40a marine terminal, by any mode of delivery that passed over, across,
P19   1under, or through waters of the state, from outside this state. The
2fee shall be collected by the marine terminal operator from the
3owner of the crude oil or petroleum products for each barrel of
4crude oil or petroleum products received.

5(2) The oil spill prevention and administration fee shall be
6imposed upon a person owning crude oil at the time the crude oil
7is received at a refinery within the state by any mode of delivery
8that passed over, across, under, or through waters of the state,
9whether from within or outside the state. The refinery shall collect
10the fee from the owner of the crude oil for each barrel of crude oil
11or petroleum products received.

12(3) The fees shall be remitted to the State Board of Equalization
13by the owner of the crude oil or petroleum products, the refinery
14operator, or the marine terminal operator on the 25th day of the
15month based upon the number of barrels of crude oil or petroleum
16products received at a refinery or marine terminal during the
17preceding month. A fee shall not be imposed pursuant to this
18section with respect to crude oil or petroleum products if the person
19who would be liable for that fee, or responsible for its collection,
20establishes that the fee has already been collected by a refinery or
21marine terminal operator registered under this chapter or paid to
22the State Board of Equalization with respect to the crude oil or
23petroleum product.

24(4) The oil spill prevention and administration fee shall not be
25collected by a marine terminal operator or refinery operator or
26imposed on the owner of crude oil or petroleum products if the fee
27has been previously collected or paid on the crude oil or petroleum
28products at another marine terminal or refinery. It shall be the
29obligation of the marine terminal operator, refinery operator, or
30owner of crude oil or petroleum products to show that the fee has
31already been paid on the same crude oil or petroleum products.

32(5) An owner of crude oil or petroleum products is liable for
33the fee until it has been paid to the State Board of Equalization,
34except that payment to a refinery operator or marine terminal
35operator registered under this chapter is sufficient to relieve the
36owner from further liability for the fee.

37(6) On or before January 20, the administrator shall annually
38prepare a plan that projects revenues and expenses over three fiscal
39years, including the current year. Based on the plan, the
40administrator shall set the fee so that projected revenues, including
P20   1any interest, are equivalent to expenses as reflected in the current
2Budget Act and in the proposed budget submitted by the Governor.
3In setting the fee, the administrator may allow for a surplus if the
4administrator finds that revenues will be exhausted during the
5period covered by the plan or that the surplus is necessary to cover
6possible contingencies. The administrator shall notify the State
7Board of Equalization of the adjusted fee rate, which shall be
8rounded to no more than four decimal places, to be effective the
9first day of the month beginning not less than 30 days from the
10date of the notification.

11(c) The moneys collected pursuant to subdivision (a) shall be
12deposited into the fund.

13(d) The State Board of Equalization shall collect the fee and
14adopt regulations for implementing the fee collection program.

15(e) The fee described in this section shall be collected solely
16for all of the following purposes:

17(1) To implement oil spill prevention programs through rules,
18regulations, leasing policies, guidelines, and inspections and to
19implement research into prevention and control technology.

20(2) To carry out studies that may lead to improved oil spill
21prevention and response.

22(3) To finance environmental and economic studies relating to
23the effects of oil spills.

24(4) To implement, install, and maintain emergency programs,
25equipment, and facilities to respond to, contain, and clean up oil
26spills and to ensure that those operations will be carried out as
27intended.

28(5) To reimburse the State Board of Equalization for its
29reasonable costs incurred to implement this chapter and to carry
30out Part 24 (commencing with Section 46001) of Division 2 of the
31Revenue and Taxation Code.

32(6) To fund the Oiled Wildlife Care Network pursuant to Section
338670.40.5.

34(f) The moneys deposited in the fund shall not be used for
35responding to a spill.

36(g) The moneys deposited in the fund shall not be used to
37provide a loan to any other fund.

38(h) Every person who operates a refinery, a marine terminal in
39waters of the state, or a pipeline shall register with the State Board
P21   1of Equalization, pursuant to Section 46101 of the Revenue and
2Taxation Code.

end delete
3begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 8670.40 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert

5

8670.40.  

(a) The State Board of Equalization shall collect a
6fee in an amountbegin insert annuallyend insert determined by the administrator to be
7sufficient to pay the reasonable regulatory costs to carry out the
8purposes set forth in subdivision (e), and a reasonable reserve for
9contingencies.begin delete The annual assessment shall not exceed six and
10one-half cents ($0.065) per barrel of crude oil or petroleum
11products.end delete
The oil spill prevention and administration fee shall be
12based on each barrel of crude oil or petroleum products, as
13described in subdivision (b).

14(b) (1) The oil spill prevention and administration fee shall be
15imposed upon a person owning crude oil at the time that the crude
16oil is received at a marine terminal, by any mode of delivery that
17passed over, across, under, or through waters of the state, from
18within or outside the state, and upon a person who owns petroleum
19products at the time that those petroleum products are received at
20a marine terminal, by any mode of delivery that passed over, across,
21under, or through waters of the state, from outside this state. The
22fee shall be collected by the marine terminal operator from the
23owner of the crude oil or petroleum products for each barrel of
24crude oil or petroleum products received.

25(2) The oil spill prevention and administration fee shall be
26imposed upon a person owning crude oil or petroleum products at
27the time that the crude oil or petroleum products are received at a
28refinery within the state by any mode of delivery that passed over,
29across, under, or through waters of the state, whether from within
30or outside the state. The refinery shall collect the fee from the
31owner of the crude oil or petroleum products for each barrel
32received.

33(3) (A) There is a rebuttable presumption that crude oil or
34petroleum products received at a marine terminal or a refinery
35have passed over, across, under, or through waters of the state.
36This presumption may be overcome by a marine terminal operator,
37refinery operator, or owner of the crude oil or petroleum products
38by showing that the crude oil or petroleum products did not pass
39over, across, under, or through waters of the state. Evidence to
40rebut the presumption may include, but shall not be limited to,
P22   1documentation, including shipping documents, bills of lading,
2highway maps, rail maps, transportation maps, related
3transportation receipts, or another medium that shows the crude
4oil or petroleum products did not pass over, across, under, or
5through waters of the state.

6(B) Notwithstanding the petition for redetermination and claim
7for refund provisions of the Oil Spill Response, Prevention, and
8Administration Fees Law (Part 24 (commencing with Section
946001) of Division 2 of the Revenue and Taxation Code), the State
10Board of Equalization shall not do either of the following:

11(i) Accept or consider a petition for redetermination of fees
12determined pursuant to this section if the petition is founded upon
13the grounds that the crude oil or petroleum products did or did not
14pass over, across, under, or through waters of the state.

15(ii) Accept or consider a claim for a refund of fees paid pursuant
16to this section if the claim is founded upon the grounds that the
17crude oil or petroleum products did or did not pass over, across,
18under, or through waters of the state.

19(C) The State Board of Equalization shall forward to the
20administrator an appeal of a redetermination or a claim for a refund
21of fees that is based on the grounds that the crude oil or petroleum
22products did or did not pass over, across, under, or through waters
23of the state.

24(4) The fees shall be remitted to the State Board of Equalization
25by the owner of the crude oil or petroleum products, the refinery
26operator, or the marine terminal operator on the 25th day of the
27month based upon the number of barrels of crude oil or petroleum
28products received at a refinery or marine terminal during the
29preceding month. A fee shall not be imposed pursuant to this
30section with respect to crude oil or petroleum products if the person
31who would be liable for that fee, or responsible for its collection,
32establishes that the fee has already been collected by a refinery or
33 marine terminal operator registered under this chapter or paid to
34the State Board of Equalization with respect to the crude oil or
35petroleum product.

36(5) The oil spill prevention and administration fee shall not be
37collected by a marine terminal operator or refinery operator or
38imposed on the owner of crude oil or petroleum products if the fee
39has been previously collected or paid on the crude oil or petroleum
40products at another marine terminal or refinery. It shall be the
P23   1obligation of the marine terminal operator, refinery operator, or
2owner of crude oil or petroleum products to demonstrate that the
3fee has already been paid on the same crude oil or petroleum
4products.

5(6) An owner of crude oil or petroleum products is liable for
6the fee until it has been paid to the State Board of Equalization,
7except that payment to a refinery operator or marine terminal
8operator registered under this chapter is sufficient to relieve the
9owner from further liability for the fee.

10(7) On or before January 20, the administrator shall annually
11prepare a plan that projects revenues and expenses over three fiscal
12years, including the current year. Based on the plan, the
13administrator shall set the fee so that projected revenues, including
14any interest and inflation, are equivalent to expenses as reflected
15in the current Budget Act and in the proposed budget submitted
16by the Governor. In setting the fee, the administrator may allow
17for a surplus if the administrator finds that revenues will be
18exhausted during the period covered by the plan or that the surplus
19is necessary to cover possible contingencies. The administrator
20shall notify the State Board of Equalization of the adjusted fee
21rate, which shall be rounded to no more than four decimal places,
22to be effective the first day of the month beginning not less than
2330 days from the date of the notification.

24(c) The moneys collected pursuant to subdivision (a) shall be
25deposited into the fund.

26(d) The State Board of Equalization shall collect the fee and
27adopt regulations for implementing the fee collection program.

28(e) The fee described in this section shall be collected solely
29for all of the following purposes:

30(1) To implement oil spill prevention programs through rules,
31regulations, leasing policies, guidelines, and inspections and to
32implement research into prevention and control technology.

33(2) To carry out studies that may lead to improved oil spill
34prevention and response.

35(3) To finance environmental and economic studies relating to
36the effects of oil spills.

37(4) To implement, install, and maintain emergency programs,
38equipment, and facilities to respond to, contain, and clean up oil
39spills and to ensure that those operations will be carried out as
40intended.

P24   1(5) To reimburse the State Board of Equalization for its
2reasonable costs incurred to implement this chapter and to carry
3out Part 24 (commencing with Section 46001) of Division 2 of the
4Revenue and Taxation Code.

5(6) To fund the Oiled Wildlife Care Network pursuant to Section
68670.40.5.

7(f) The moneys deposited in the fund shall not be used for
8responding to a spill.

9(g) The moneys deposited in the fund shall not be used to
10provide a loan to any other fund.

11(h) Every person who operates a refinery, a marine terminal in
12waters of the state, or a pipeline shall register with the State Board
13of Equalization, pursuant to Section 46101 of the Revenue and
14Taxation Code.

15(i) The amendments to this section enacted in Senate Bill 861
16of the 2013-14 Regular Session shall become operative 90 days
17after the effective date of Senate Bill 861 of 2013-14 Regular
18Session.

begin delete
19

SEC. 11.  

Section 8670.54 of the Government Code is amended
20to read:

21

8670.54.  

(a) The Oil Spill Technical Advisory Committee,
22hereafter in this article, the committee, is hereby established to
23provide public input and independent judgment of the actions of
24the administrator. The committee shall consist of 15 members, of
25whom nine shall be appointed by the Governor, three by the
26Speaker of the Assembly, and three by the Senate Rules
27Committee. The appointments shall be made in the following
28manner:

29(1) The Speaker of the Assembly and Senate Committee on
30Rules shall each appoint a member who shall be a representative
31of the public.

32(2) The Governor shall appoint a member who has a
33demonstrable knowledge of marine transportation.

34(3) The Speaker of the Assembly and the Senate Committee on
35Rules shall each appoint two members who have demonstrable
36knowledge of environmental protection and the study of
37ecosystems.

38(4) The Governor shall appoint a member who has served as a
39local government elected official or who has worked for a local
40government.

P25   1(5) The Governor shall appoint a member who has experience
2in oil spill response and prevention programs.

3(6) The Governor shall appoint a member who has been
4employed in the petroleum industry.

5(7) The Governor shall appoint a member who has worked in
6state government.

7(8) The Governor shall appoint a member who has demonstrable
8knowledge of the dry cargo vessel industry.

9(9) The Governor shall appoint a member who has demonstrable
10knowledge of the railroad industry.

11(10) The Governor shall appoint a member who has
12demonstrable knowledge of the oil production industry.

13(11) The Governor shall appoint a member who has a
14demonstrable knowledge of the truck transportation industry.

15(b) The committee shall meet as often as required, but at least
16twice per year. Members shall be paid one hundred dollars ($100)
17per day for each meeting and all necessary travel expenses at state
18per diem rates.

19(c) The administrator and any personnel the administrator
20determines to be appropriate shall serve as staff to the committee.

21(d) A chair and vice chair shall be elected by a majority vote of
22the committee.

end delete
23begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 8670.54 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
24to read:end insert

25

8670.54.  

(a) The Oil Spill Technical Advisory Committee,
26hereafter in this article, the committee, is hereby established to
27provide public input and independent judgment of the actions of
28the administrator. The committee shall consist ofbegin delete 14end deletebegin insert 15end insert members,
29of whombegin delete eightend deletebegin insert nineend insert shall be appointed by the Governor, three by
30the Speaker of the Assembly, and three by the Senatebegin delete Rulesend delete
31 Committeebegin insert on Rulesend insert. The appointments shall be made in the
32following manner:

33(1) The Speaker of the Assembly and Senate Committee on
34Rules shall each appoint a member who shall be a representative
35of the public.

36(2) The Governor shall appoint a member who has a
37demonstrable knowledge of marine transportation.

38(3) The Speaker of the Assembly and the Senate Committee on
39Rules shall each appoint two members who have demonstrable
P26   1knowledge of environmental protection and the study of
2ecosystems.

3(4) The Governor shall appoint a member who has served as a
4local government elected official or who has worked for a local
5government.

6(5) The Governor shall appoint a member who has experience
7in oil spill response and prevention programs.

8(6) The Governor shall appoint a member who has been
9employed in the petroleum industry.

10(7) The Governor shall appoint a member who has worked in
11state government.

12(8) The Governor shall appoint a member who has demonstrable
13knowledge of the dry cargo vessel industry.

14(9) The Governor shall appoint a member who has demonstrable
15knowledge of the railroad industry.

16(10) The Governor shall appoint a member who has
17demonstrable knowledge of the oil production industry.

begin insert

18(11) The Governor shall appoint a member who has
19demonstrable knowledge of the truck transportation industry.

end insert

20(b) The committee shall meet as often as required, but at least
21twice per year. Members shall be paid one hundred dollars ($100)
22per day for each meeting and all necessary travel expenses at state
23per diem rates.

24(c) The administrator and any personnel the administrator
25determines to be appropriate shall serve as staff to the committee.

26(d) A chair and vice chair shall be elected by a majority vote of
27the committee.

begin delete
28

SEC. 12.  

Section 8670.56.6 of the Government Code is
29amended to read:

30

8670.56.6.  

(a) (1) Except as provided in subdivisions (b) and
31(d), and subject to subdivision (c), a person, including, but not
32limited to, an oil spill cooperative, its agents, subcontractors, or
33employees, shall not be liable under this chapter or the laws of the
34state to any person for costs, damages, or other claims or expenses
35as a result of actions taken or omitted in good faith in the course
36of rendering care, assistance, or advice in accordance with the
37National Contingency Plan, the California oil spill contingency
38plan, or at the direction of the administrator, onsite coordinator,
39or the Coast Guard in response to a spill or threatened spill.

P27   1(2) The qualified immunity under this section shall not apply
2to any oil spill response action that is inconsistent with the
3following:

4(A) The directions of the unified command, consisting of at
5least the Coast Guard and the administrator.

6(B) In the absence of a unified command, the directions of the
7administrator pursuant to Section 8670.27.

8(C) In the absence of directions pursuant to subparagraph (A)
9or (B), applicable oil spill contingency plans implemented under
10this division.

11(3) Nothing in this section shall, in any manner or respect, affect
12or impair any cause of action against or any liability of any person
13or persons responsible for the spill, for the discharged oil, or for
14the vessel, terminal, pipeline, or facility from which the oil was
15discharged. The responsible person or persons shall remain liable
16for any and all damages arising from the discharge, including
17damages arising from improperly carried out response efforts, as
18otherwise provided by law.

19(b) Nothing in this section shall, in any manner or respect, affect
20or impair any cause of action against or any liability of any party
21or parties responsible for the spill, or the responsible party’s agents,
22employees, or subcontractors, except persons immunized under
23subdivision (a) for response efforts, for the discharged oil, or for
24the vessel, truck, terminal, pipeline, or facility from which the oil
25was discharged.

26(c) The responsible party or parties shall be subject to both of
27the following:

28(1) Notwithstanding subdivision (b) or (i) of Section 8670.56.5,
29or any other law, be strictly and jointly and severally liable for all
30damages arising pursuant to subdivision (h) of Section 8670.56.5
31from the response efforts of its agents, employees, subcontractors,
32or an oil spill cooperative of which it is a member or with which
33it has a contract or other arrangement for cleanup of its oil spills,
34unless it would have a defense to the original spill.

35(2) Remain strictly liable for any and all damages arising from
36the response efforts of a person other than a person specified in
37paragraph (1).

38(d) Nothing in this section shall immunize a cooperative or any
39other person from liability for acts of gross negligence or willful
40misconduct in connection with the cleanup of a spill.

P28   1(e) This section does not apply to any action for personal injury
2or wrongful death.

3(f) As used in this section, a “cooperative” means an
4organization of private persons that is established for the primary
5purpose and activity of preventing or rendering care, assistance,
6or advice in response to a spill or threatened spill.

7(g) Except for the responsible party, membership in a
8cooperative shall not be grounds, in and of itself, for liability
9resulting from cleanup activities of the cooperative.

10(h) For purposes of this section, there shall be a rebuttable
11presumption that an act or omission described in subdivision (a)
12was taken in good faith.

13(i) In any situation in which immunity is granted pursuant to
14subdivision (a) and a responsible party is not liable, is not liable
15for noneconomic damages caused by another, or is partially or
16totally insolvent, the fund provided for in Article 7 (commencing
17with Section 8670.46) shall reimburse, in accordance with its terms,
18claims of any injured party for which a person who is granted
19immunity pursuant to this section would otherwise be liable.

20(j) (1) The immunity granted by this section shall only apply
21to response efforts that are undertaken after the administrator
22certifies that contracts with qualified and responsible persons are
23in place to ensure an adequate and expeditious response to any
24foreseeable oil spill that may occur in waters of the state for which
25the responsible party (A) cannot be identified or (B) is unable or
26unwilling to respond, contain, and clean up the oil spill in an
27adequate and timely manner. In negotiating these contracts, the
28administrator shall procure, to the maximum extent practicable,
29the services of persons who are willing to respond to oil spills with
30no, or lesser, immunity than that conferred by this section, but, in
31no event, a greater immunity. The administrator shall make the
32certification required by this subdivision on an annual basis. Upon
33certification, the immunity conferred by this section shall apply
34to all response efforts undertaken during the calendar year to which
35the certification applies. In the absence of the certification required
36by this subdivision, the immunity conferred by this section shall
37not attach to any response efforts undertaken by any person in
38waters of the state.

39(2) In addition to the authority to negotiate contracts described
40in paragraph (1), the administrator may also negotiate and enter
P29   1into indemnification agreements with qualified and financially
2responsible persons to respond to oil spills that may occur in waters
3of the state for which the responsible party (A) cannot be identified
4or (B) is unable or unwilling to respond, contain, and clean up the
5oil spill in an adequate and timely manner.

6(3) The administrator may indemnify response contractors for
7(A) all damages payable by means of settlement or judgment that
8arise from response efforts to which the immunity conferred by
9this section would otherwise apply, and (B) reasonably related
10legal costs and expenses incurred by the responder, provided that
11indemnification shall only apply to response efforts undertaken
12after the expiration of any immunity that may exist as the result
13of the contract negotiations authorized in this subdivision. In
14negotiating these contracts, the administrator shall procure, to the
15maximum extent practicable, the services of persons who are
16willing to respond to oil spills with no, or as little, right to
17indemnification as possible. All indemnification shall be paid by
18the administrator from the Oil Spill Response Trust Fund.

19(4) (A) The contracts required by this section, and any other
20contracts entered into by the administrator for response,
21containment, or cleanup of an existing spill, or for response of an
22imminent threat of a spill, the payment of which is to be made
23from the Oil Spill Response Trust Fund created pursuant to Section
248670.46, shall be exempt from Part 2 (commencing with Section
2510100) of Division 2 of the Public Contract Code and Article 6
26(commencing with Section 999) of Chapter 6 of Division 4 of the
27Military and Veterans Code.

28(B) The exemption specified in subparagraph (A) applies only
29to contracts for which the services are used for a period of less
30than 90 days, cumulatively, per year.

31(C) This paragraph shall not be construed as limiting the
32administrator’s authority to exercise the emergency powers granted
33pursuant to subdivision (c) of Section 8670.62, including the
34authority to enter into emergency contracts that are exempt from
35approval by the Department of General Services.

36(k) (1) With regard to a person who is regularly engaged in the
37business of responding to oil spills, the immunity conferred by
38this section shall not apply to any response efforts by that person
39that occur later than 60 days after the first day the person’s response
40efforts commence.

P30   1(2) Notwithstanding the limitation contained in paragraph (1),
2the administrator may extend, upon making all the following
3findings, the period of time, not to exceed 30 days, during which
4the immunity conferred by this section applies to response efforts:

5(A) Due to inadequate or incomplete containment and
6stabilization, there exists a substantial probability that the size of
7the spill will significantly expand and (i) threaten previously
8uncontaminated resources, (ii) threaten already contaminated
9resources with substantial additional contamination, or (iii)
10otherwise endanger the public health and safety or harm the
11environment.

12(B) The remaining work is of a difficult or perilous nature that
13extension of the immunity is clearly in the public interest.

14(C) No other qualified and financially responsible contractor is
15prepared and willing to complete the response effort in the absence
16of the immunity, or a lesser immunity, as negotiated by contract.

17(3) The administrator shall provide five days’ notice of his or
18her proposed decision to either extend, or not extend, the immunity
19conferred by this section. Interested parties shall be given an
20opportunity to present oral and written evidence at an informal
21hearing. In making his or her proposed decision, the administrator
22shall specifically seek and consider the advice of the relevant Coast
23Guard representative. The administrator’s decision to not extend
24the immunity shall be announced at least 10 working days before
25the expiration of the immunity to provide persons an opportunity
26to terminate their response efforts as contemplated by paragraph
27(4).

28(4)  A person or their agents, subcontractors, or employees shall
29not incur any liability under this chapter or any other provision of
30law solely as a result of that person’s decision to terminate their
31response efforts because of the expiration of the immunity
32conferred by this section. A person’s decision to terminate response
33efforts because of the expiration of the immunity conferred by this
34section shall not in any manner impair, curtail, limit, or otherwise
35affect the immunity conferred on the person with regard to the
36person’s response efforts undertaken during the period of time the
37immunity applied to those response efforts.

38(5) The immunity granted under this section shall attach, without
39the limitation contained in this subdivision, to the response efforts
40of any person who is not regularly engaged in the business of
P31   1responding to oil spills. A person who is not regularly engaged in
2the business of responding to oil spills includes, but is not limited
3to, (A) a person who is primarily dedicated to the preservation and
4rehabilitation of wildlife and (B) a person who derives his or her
5livelihood primarily from fishing.

6(l) As used in this section, “response efforts” means rendering
7care, assistance, or advice in accordance with the National
8Contingency Plan, the California oil spill contingency plan, or at
9the direction of the administrator, United States Environmental
10Protection Agency, or the Coast Guard in response to a spill or
11threatened spill into waters of the state.

end delete
12begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 8670.56.6 of the end insertbegin insertGovernment Codeend insertbegin insert is
13amended to read:end insert

14

8670.56.6.  

(a) (1) Except as provided in subdivisions (b) and
15(d), and subject to subdivision (c), a person, including, but not
16limited to, an oil spill cooperative, its agents, subcontractors, or
17employees, shall not be liable under this chapter or the laws of the
18state to any person for costs, damages, or other claims or expenses
19as a result of actions taken or omitted in good faith in the course
20of rendering care, assistance, or advice in accordance with the
21National Contingency Plan, the California oil spill contingency
22plan, or at the direction of the administrator, onsite coordinator,
23or the Coast Guard in response to a spill or threatened spill.

24(2) The qualified immunity under this section shall not apply
25to any oil spill response action that is inconsistent with the
26following:

27(A) The directions of the unified command, consisting of at
28least the Coast Guard and the administrator.

29(B) In the absence of a unified command, the directions of the
30administrator pursuant to Section 8670.27.

31(C) In the absence of directions pursuant to subparagraph (A)
32or (B), applicable oil spill contingency plans implemented under
33this division.

34(3) Nothing in this section shall, in any manner or respect, affect
35or impair any cause of action against or any liability of any person
36or persons responsible for the spill, for the discharged oil, or for
37the vessel, terminal, pipeline, or facility from which the oil was
38discharged. The responsible person or persons shall remain liable
39for any and all damages arising from the discharge, including
P32   1damages arising from improperly carried out response efforts, as
2otherwise provided by law.

3(b) Nothing in this section shall, in any manner or respect, affect
4or impair any cause of action against or any liability of any party
5or parties responsible for the spill, or the responsible party’s agents,
6employees, or subcontractors, except persons immunized under
7subdivision (a) for response efforts, for the discharged oil, or for
8the vessel,begin insert truck,end insert terminal, pipeline, or facility from which the oil
9was discharged.

10(c) The responsible party or parties shall be subject to both of
11the following:

12(1) Notwithstanding subdivision (b) or (i) of Section 8670.56.5,
13or any other law, be strictly and jointly and severally liable for all
14damages arising pursuant to subdivision (h) of Section 8670.56.5
15from the response efforts of its agents, employees, subcontractors,
16or an oil spill cooperative of which it is a member or with which
17it has a contract or other arrangement for cleanup of its oil spills,
18unless it would have a defense to the original spill.

19(2) Remain strictly liable for any and all damages arising from
20the response efforts of a person other than a person specified in
21paragraph (1).

22(d) Nothing in this section shall immunize a cooperative or any
23other person from liability for acts of gross negligence or willful
24misconduct in connection with the cleanup of a spill.

25(e) This section does not apply to any action for personal injury
26or wrongful death.

27(f) As used in this section, a “cooperative” means an
28organization of private persons that is established for the primary
29purpose and activity of preventing or rendering care, assistance,
30or advice in response to a spill or threatened spill.

31(g) Except for the responsible party, membership in a
32cooperative shall not be grounds, in and of itself, for liability
33resulting from cleanup activities of the cooperative.

34(h) For purposes of this section, there shall be a rebuttable
35presumption that an act or omission described in subdivision (a)
36was taken in good faith.

37(i) In any situation in which immunity is granted pursuant to
38subdivision (a) and a responsible party is not liable, is not liable
39for noneconomic damages caused by another, or is partially or
40totally insolvent, the fund provided for in Article 7 (commencing
P33   1with Section 8670.46) shall reimburse, in accordance with its terms,
2claims of any injured party for which a person who is granted
3immunity pursuant to this section would otherwise be liable.

4(j) (1) The immunity granted by this section shall only apply
5to response efforts that are undertaken after the administrator
6certifies that contracts with qualified and responsible persons are
7in place to ensure an adequate and expeditious response to any
8foreseeable oil spill that may occur in waters of the state for which
9the responsible party (A) cannot be identified or (B) is unable or
10unwilling to respond, contain, and clean up the oil spill in an
11adequate and timely manner. In negotiating these contracts, the
12administrator shall procure, to the maximum extent practicable,
13the services of persons who are willing to respond to oil spills with
14no, or lesser, immunity than that conferred by this section, but, in
15no event, a greater immunity. The administrator shall make the
16certification required by this subdivision on an annual basis. Upon
17certification, the immunity conferred by this section shall apply
18to all response efforts undertaken during the calendar year to which
19the certification applies. In the absence of the certification required
20by this subdivision, the immunity conferred by this section shall
21not attach to any response efforts undertaken by any person in
22waters of the state.

23(2) In addition to the authority to negotiate contracts described
24in paragraph (1), the administrator may also negotiate and enter
25into indemnification agreements with qualified and financially
26responsible persons to respond to oil spills that may occur in waters
27of the state for which the responsible party (A) cannot be identified
28or (B) is unable or unwilling to respond, contain, and clean up the
29oil spill in an adequate and timely manner.

30(3) The administrator may indemnify response contractors for
31(A) all damages payable by means of settlement or judgment that
32arise from response efforts to which the immunity conferred by
33this section would otherwise apply, and (B) reasonably related
34legal costs and expenses incurred by the responder, provided that
35indemnification shall only apply to response efforts undertaken
36after the expiration of any immunity that may exist as the result
37of the contract negotiations authorized in this subdivision. In
38negotiating these contracts, the administrator shall procure, to the
39maximum extent practicable, the services of persons who are
40willing to respond to oil spills with no, or as little, right to
P34   1indemnification as possible. All indemnification shall be paid by
2the administrator from the Oil Spill Response Trust Fund.

3(4) (A) The contracts required by this section, and any other
4contracts entered into by the administrator for response,
5containment, or cleanup of an existing spill, or for responsebegin delete ofend deletebegin insert toend insert
6 an imminent threat of a spill, the payment of which is to be made
7from the Oil Spill Response Trust Fund created pursuant to Section
88670.46, shall be exempt from Part 2 (commencing with Section
910100) of Division 2 of the Public Contract Code and Article 6
10(commencing with Section 999) of Chapter 6 of Division 4 of the
11Military and Veterans Code.

12(B) The exemption specified in subparagraph (A) applies only
13to contracts for which the services are used for a period of less
14than 90 days, cumulatively, per year.

15(C) This paragraph shall not be construed as limiting the
16administrator’s authority to exercise the emergency powers granted
17pursuant to subdivision (c) of Section 8670.62, including the
18authority to enter into emergency contracts that are exempt from
19approval by the Department of General Services.

20(k) (1) With regard to a person who is regularly engaged in the
21business of responding to oil spills, the immunity conferred by
22this section shall not apply to any response efforts by that person
23that occur later than 60 days after the first day the person’s response
24efforts commence.

25(2) Notwithstanding the limitation contained in paragraph (1),
26the administrator may extend, upon making all the following
27findings, the period of time, not to exceed 30 days, during which
28the immunity conferred by this section applies to response efforts:

29(A) Due to inadequate or incomplete containment and
30stabilization, there exists a substantial probability that the size of
31the spill will significantly expand and (i) threaten previously
32uncontaminated resources, (ii) threaten already contaminated
33resources with substantial additional contamination, or (iii)
34otherwise endanger the public health and safety or harm the
35environment.

36(B) The remaining work is of a difficult or perilous nature that
37extension of the immunity is clearly in the public interest.

38(C) No other qualified and financially responsible contractor is
39prepared and willing to complete the response effort in the absence
40of the immunity, or a lesser immunity, as negotiated by contract.

P35   1(3) The administrator shall provide five days’ notice of his or
2her proposed decision to either extend, or not extend, the immunity
3conferred by this section. Interested parties shall be given an
4opportunity to present oral and written evidence at an informal
5hearing. In making his or her proposed decision, the administrator
6shall specifically seek and consider the advice of the relevant Coast
7Guard representative. The administrator’s decision to not extend
8the immunity shall be announced at least 10 working days before
9the expiration of the immunity to provide persons an opportunity
10to terminate their response efforts as contemplated by paragraph
11(4).

12(4) A person or their agents, subcontractors, or employees shall
13not incur any liability under this chapter or any other provision of
14law solely as a result of that person’s decision to terminate their
15response efforts because of the expiration of the immunity
16conferred by this section. A person’s decision to terminate response
17efforts because of the expiration of the immunity conferred by this
18section shall not in any manner impair, curtail, limit, or otherwise
19affect the immunity conferred on the person with regard to the
20person’s response efforts undertaken during the period of time the
21immunity applied to those response efforts.

22(5) The immunity granted under this section shall attach, without
23the limitation contained in this subdivision, to the response efforts
24of any person who is not regularly engaged in the business of
25responding to oil spills. A person who is not regularly engaged in
26the business of responding to oil spills includes, but is not limited
27to, (A) a person who is primarily dedicated to the preservation and
28rehabilitation of wildlife and (B) a person who derives his or her
29livelihood primarily from fishing.

30(l) As used in this section, “response efforts” means rendering
31care, assistance, or advice in accordance with the National
32Contingency Plan, the California oil spill contingency plan, or at
33the direction of the administrator, United States Environmental
34Protection Agency, or the Coast Guard in response to a spill or
35threatened spill into waters of the state.

36begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 25364 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
37amended to read:end insert

38

25364.  

(a) Any person required to present information to the
39commission pursuant to Section 25354 may request that specific
P36   1information be held in confidence. Information requested to be
2held in confidence shall be presumed to be confidential.

3(b) Information presented to the commission pursuant to Section
425354 shall be held in confidence by the commission or aggregated
5to the extent necessary tobegin delete assureend deletebegin insert ensureend insert confidentiality if public
6disclosure of the specific information or data would result in unfair
7competitive disadvantage to the person supplying the information.

8(c) (1) Whenever the commission receives a request to publicly
9disclose unaggregated information, or otherwise proposes to
10publicly disclose information submitted pursuant to Section 25354,
11notice of the request or proposal shall be provided to the person
12submitting the information. The notice shall indicate the form in
13which the information is to be released. Upon receipt of notice,
14the person submitting the information shall have 10 working days
15in which to respond to the notice to justify the claim of
16confidentiality on each specific item of information covered by
17the notice on the basis that public disclosure of the specific
18information would result in unfair competitive disadvantage to the
19person supplying the information.

20(2) The commission shall consider the respondent’sbegin delete submittalend delete
21begin insert submissionend insert in determining whether to publicly disclose the
22information submitted to it to which a claim of confidentiality is
23made. The commission shall issue a written decisionbegin delete whichend deletebegin insert thatend insert
24 sets forth its reasons for making the determination whether each
25item of information for which a claim of confidentiality is made
26shall remain confidential or shall be publicly disclosed.

27(d) The commission shall not make public disclosure of
28information submitted to it pursuant to Section 25354 within 10
29working days after the commission has issued its written decision
30required in this section.

31(e) No information submitted to the commission pursuant to
32Section 25354 shall be deemed confidential if the person submitting
33the information or data has made it public.

34(f) With respect to petroleum products and blendstocks reported
35by type pursuant to paragraph (1) or (2) of subdivision (a) of
36Section 25354 and information provided pursuant to subdivision
37(h) or (i) of Section 25354, neither the commission nor any
38employee of the commissionbegin delete mayend deletebegin insert shallend insert do any of the following:

39(1) Use the information furnished under paragraph (1) or (2) of
40subdivision (a) of Section 25354 or under subdivision (h) or (i) of
P37   1Section 25354 for any purpose other than the statistical purposes
2for which it is supplied.

3(2) Make any publication whereby the information furnished
4by any particular establishment or individual under paragraph (1)
5or (2) of subdivision (a) of Section 25354 or under subdivision (h)
6or (i) of Section 25354 can be identified.

7(3) Permit anyone other than commission members and
8employees of the commission to examine the individual reports
9provided under paragraph (1) or (2) of subdivision (a) of Section
1025354 or under subdivision (h) or (i) of Section 25354.

11(g) Notwithstanding any otherbegin delete provision ofend delete law, the commission
12may disclose confidential information received pursuant to
13subdivision (a) of Section 25304 or Section 25354 to the State Air
14Resources Boardbegin insert or the administrator for oil spill response,
15appointed pursuant to Section 8670.4 of the Government Code,end insert
if
16the state boardbegin insert or the administrator, as applicable,end insert agrees to keep
17the information confidential. With respect to the informationbegin delete it
18receivesend delete
begin insert they receiveend insert, the state boardbegin insert and the administratorend insert shall
19be subject to all pertinent provisions of this section.

20

begin deleteSEC. 13.end delete
21begin insertSEC. 14.end insert  

Section 765.5 of the Public Utilities Code is amended
22to read:

23

765.5.  

(a) The purpose of this section is to provide that the
24commission takes all appropriate action necessary to ensure the
25safe operation of railroads in this state.

26(b) The commission shall dedicate sufficient resources necessary
27to adequately carry out the State Participation Program for the
28regulation of rail transportation of hazardous materials as
29authorized by the Hazardous Material Transportation Uniform
30Safety Act of 1990 (P.L. 101-615).

31(c) On or before July 1, 1992, the commission shall hire a
32minimum of six additional rail inspectors who are or shall become
33federally certified, consisting of three additional motive power
34and equipment inspectors, two signal inspectors, and one operating
35practices inspector, for the purpose of enforcing compliance by
36railroads operating in this state with state and federal safety
37regulations.

38(d) On or before July 1, 1992, the commission shall establish,
39by regulation, a minimum inspection standard to ensure, at the
40time of inspection, that railroad locomotives, equipment, and
P38   1facilities located in class I railroad yards in California will be
2inspected not less frequently than every 120 days, and inspection
3of all branch and main line track not less frequently than every 12
4months.

5(e) Commencing July 1, 2008, in addition to the minimum
6inspections undertaken pursuant to subdivision (d), the commission
7shall conduct focused inspections of railroad yards and track, either
8in coordination with the Federal Railroad Administration or as the
9commission determines to be necessary. The focused inspection
10program shall target railroad yards and track that pose the greatest
11safety risk, based on inspection data, accident history, and rail
12traffic density.

13(f) Commencing January 1, 2015, in addition to the inspections
14undertaken pursuant to subdivisions (d) and (e), the commission
15shall conduct expanded focused inspections, either in coordination
16with the Federal Railroad Administration or as the commission
17determines to be necessary, of bridges and grade crossings over
18which oil is being transported and oil unloading facilities, including
19movement within these facilities and onside storage. The expanded
20focused inspection program shall target bridges, grade crossings,
21and oil unloading facilities that pose the greatest safety risk, based
22on inspection data, accident history, and rail traffic density.

23(g) The commission may regulate essential local safety hazards
24for the transport of oil more stringently than federal regulation,
25pursuant to Section 20106 of Title 49 of the United States Code.

26

begin deleteSEC. 14.end delete
27begin insertSEC. 15.end insert  

Section 7711 of the Public Utilities Code is amended
28to read:

29

7711.  

The commission shall annually report to the Legislature,
30on or before July 1, on sites on railroad lines in the state it finds
31to be hazardous. The report shall include, but not be limited to,
32information on all of the following:

33(a) A list of all railroad derailment accident sites in the state on
34which accidents have occurred within at least the previous five
35years. The list shall describe the nature and probable causes of the
36accidents, if known, and shall indicate whether the accidents
37occurred at or near sites that the commission has determined,
38pursuant to subdivision (b), pose a local safety hazard.

39(b) A list of all railroad sites in the state that the commission
40determines, pursuant to Section 20106 of Title 49 of the United
P39   1States Code, pose a local safety hazard. The commission may
2submit in the annual report the list of railroad sites submitted in
3the immediate prior year annual report, and may amend or revise
4that list from the immediate prior year as necessary. Factors that
5the commission shall consider in determining a local safety hazard
6may include, but need not be limited to, all of the following:

7(1) The severity of grade and curve of track.

8(2) The value of special skills of train operators in negotiating
9the particular segment of railroad line.

10(3) The value of special railroad equipment in negotiating the
11particular segment of railroad line.

12(4) The types of commodities transported on or near the
13particular segment of railroad line.

14(5) The hazard posed by the release of the commodity into the
15environment.

16(6) The value of special railroad equipment in the process of
17safely loading, transporting, storing, or unloading potentially
18hazardous commodities.

19(7) The proximity of railroad activity to human activity or
20sensitive environmental areas.

21(8) A list of the root causes and significant contributing factors
22of all train accidents or derailments investigated.

23(c) In determining which railroad sites pose a local safety hazard
24pursuant to subdivision (b), the commission shall consider the
25history of accidents at or near the sites. The commission shall not
26limit its determination to sites at which accidents have already
27occurred, but shall identify potentially hazardous sites based on
28the criteria enumerated in subdivision (b) and all other criteria that
29the commission determines influence railroad safety. The
30commission shall also consider whether any local safety hazards
31at railroad sites have been eliminated or sufficiently remediated
32to warrant removal of the site from the list required under
33subdivision (b).

34(d) The timing, nature, and status of the remediation of defects
35and violations of federal and state law related to the transport and
36delivery of oil detected by the commission through its inspections.

37

begin deleteSEC. 15.end delete
38begin insertSEC. 16.end insert  

Nothing in this act is intended to limit the police
39power or other authority of a local government or government
P40   1regulator to enforce any other state or federal environmental law
2or regulation.

begin delete
3

SEC. 16.  

No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.

end delete
begin delete
12

SEC. 17.  

This act shall not become operative unless Senate
13Bill 861 of the 2013-14 Regular Session is enacted and becomes
14operative.

end delete


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