BILL NUMBER: SB 1319 AMENDED
BILL TEXT
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
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,
to amend Section 25364 of the Public Resources Code, 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 to add a
marine oil spill contingency planning section containing specified
elements, including an environmentally and ecologically sensitive
areas element provide for the best achievable
protection of waters of the state that contains specified elements,
including, among others, a regional and local planning element
. Existing law also requires the administrator to adopt and
implement regulations governing the adequacy of oil spill contingency
plans to be prepared and implemented and requires the regulations to
provide for the best achievable protection of coastal and
marine waters. Existing law imposes various administrative civil
penalties on a person that violates specified provisions of the act
based on whether it was an oil spill or an inland oil spill.
the waters and natural resources of the state.
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.
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. 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. 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. The bill also would make other conforming and
technical changes.
(2) Existing law requires the administrator, within 5 working days
after receipt of a contingency plan, prepared as specified, to
send post a notice that the plan is
available for review to the Oil Spill Technical Advisory
Committee. 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.
This bill instead would require the administrator, within
5 working days after receipt of a contingency plan, to post a notice
that the plan is available for review. The bill would
require the California Environmental Protection Agency and the Office
of Emergency Services to review the plans for facilities and local
governments located outside of the coastal zone.
(3) Existing law imposes an oil spill prevention and
administration fee in an amount determined by the administrator to be
sufficient to implement oil spill prevention activities
pay the reasonable regulatory costs of specified oil
spill prevention activities , but not to exceed $0.065 per
barrel of crude oil or petroleum products and, beginning
January 1, 2015, to an amount not to exceed $0.05 , on
persons owning crude oil or petroleum products received at
a marine terminal or refinery . The fee is deposited into
the Oil Spill Prevention and Administration Fund in the State
Treasury. Upon appropriation by the Legislature, moneys in the fund
are available for specified purposes.
This bill instead would require the administrator to annually
determine the fee in an amount sufficient to pay the reasonable
regulatory costs of specified oil spill prevention activities
and would remove the fee cap of $0.065 per barrel of crude oil or
petroleum products . 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..
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.
(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 of
10 14 members.
This bill would increase the number of members from 10
14 to 15 and would require the Speaker
of the Assembly and the Senate Committee on Rules to each appoint one
additional member who has knowledge of environmental protection and
the study of ecosystems, and also would require the
Governor to appoint 3 additional members, with one having
knowledge of the railroad industry, another having knowledge of the
oil production industry, and another having an
additional member with knowledge of the truck transportation
industry.
(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.
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.
(5)
(6) 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.
(6) This bill would make its provisions contingent on the
enactment of SB 861 of the 2013-14 Regular Session.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8574.7 of the Government
Code is amended to read:
8574.7. The Governor shall require the administrator, not in
conflict with the National Contingency Plan, to amend the California
oil spill contingency plan to provide for the best achievable
protection of waters of the state. "Administrator" for purposes of
this section means the administrator appointed by the Governor
pursuant to Section 8670.4. The plan shall consist of all of the
following elements:
(a) A state response element that specifies the hierarchy for
state and local agency response to an oil spill. The element shall
define the necessary tasks for oversight and control of cleanup and
removal activities associated with an oil spill and shall specify
each agency's particular responsibility in carrying out these tasks.
The element shall also include an organizational chart of the state
oil spill response organization and a definition of the resources,
capabilities, and response assignments of each agency involved in
cleanup and removal actions in an oil spill.
(b) A regional and local planning element that shall provide the
framework for the involvement of regional and local agencies in the
state effort to respond to an oil spill, and shall ensure the
effective and efficient use of regional and local resources, as
appropriate, in all of the following:
(1) Traffic and crowd control.
(2) Firefighting.
(3) Boating traffic control.
(4) Radio and communications control and provision of access to
equipment.
(5) Identification and use of available local and regional
equipment or other resources suitable for use in cleanup and removal
actions.
(6) Identification of private and volunteer resources or personnel
with special or unique capabilities relating to oil spill cleanup
and removal actions.
(7) Provision of medical emergency services.
(8) Identification and mitigation of public health and safety
impacts.
(9) Consideration of the identification and use of private working
craft and mariners, including commercial fishing vessels and
licensed commercial fishing men and women, in containment, cleanup,
and removal actions.
(c) A coastal protection element that establishes the state
standards for coastline protection. The administrator, in
consultation with the Coast Guard and Navy and the shipping industry,
shall develop criteria for coastline protection. If appropriate, the
administrator shall consult with representatives from the States of
Alaska, Washington, and Oregon, the Province of British Columbia in
Canada, and the Republic of Mexico. The criteria shall designate at
least all of the following:
(1) Appropriate shipping lanes and navigational aids for tankers,
barges, and other commercial vessels to reduce the likelihood of
collisions between tankers, barges, and other commercial vessels.
Designated shipping lanes shall be located off the coastline at a
distance sufficient to significantly reduce the likelihood that
disabled vessels will run aground along the coast of the state.
(2) Ship position reporting and communications requirements.
(3) Required predeployment of protective equipment for sensitive
environmental areas along the coastline.
(4) Required emergency response vessels that are capable of
preventing disabled tankers from running aground.
(5) Required emergency response vessels that are capable of
commencing oil cleanup operations before spilled oil can reach the
shoreline.
(6) An expedited decisionmaking process for dispersant use in
coastal waters. Prior to adoption of the process, the administrator
shall ensure that a comprehensive testing program is carried out for
any dispersant proposed for use in California marine waters. The
testing program shall evaluate toxicity and effectiveness of the
dispersants.
(7) Required rehabilitation facilities for wildlife injured by
spilled oil.
(8) An assessment of how activities that usually require a permit
from a state or local agency may be expedited or issued by the
administrator in the event of an oil spill.
(d) An environmentally and ecologically sensitive areas element
that shall provide the framework for prioritizing and ensuring the
protection of environmentally and ecologically sensitive areas. The
environmentally and ecologically sensitive areas element shall be
developed by the administrator, in conjunction with appropriate local
agencies, and shall include all of the following:
(1) Identification and prioritization of environmentally and
ecologically sensitive areas in state waters and along the coast.
Identification and prioritization of environmentally and ecologically
sensitive areas shall not prevent or excuse the use of all
reasonably available containment and cleanup resources from being
used to protect every environmentally and ecologically sensitive area
possible. Environmentally and ecologically sensitive areas shall be
prioritized through the evaluation of criteria, including, but not
limited to, all of the following:
(A) Risk of contamination by oil after a spill.
(B) Environmental, ecological, recreational, and economic
importance.
(C) Risk of public exposure should the area be contaminated.
(2) Regional maps depicting environmentally and ecologically
sensitive areas in state waters or along the coast that shall be
distributed to facilities and local and state agencies. The maps
shall designate those areas that have particularly high priority for
protection against oil spills.
(3) A plan for protection actions required to be taken in the
event of an oil spill for each of the environmentally and
ecologically sensitive areas and protection priorities for the first
24 to 48 hours after an oil spill shall be specified.
(4) The location of available response equipment and the
availability of trained personnel to deploy the equipment to protect
the priority environmentally and ecologically sensitive areas.
(5) A program for systemically testing and revising, if necessary,
protection strategies for each of the priority environmentally and
ecologically sensitive areas.
(6) Any recommendations for action that cannot be financed or
implemented pursuant to existing authority of the administrator,
which shall also be reported to the Legislature along with
recommendations for financing those actions.
(e) A reporting element that requires the reporting of oil spills
of any amount of oil into state waters.
SECTION 1. Section 8574.7 of the
Government Code is amended to read:
8574.7. The Governor shall require the administrator, not in
conflict with the National Contingency Plan, to amend the California
oil spill contingency plan to provide for the best achievable
protection of waters of the state. "Administrator" for purposes of
this section means the administrator appointed by the Governor
pursuant to Section 8670.4. The plan shall consist of all of the
following elements:
(a) A state response element that specifies the hierarchy for
state and local agency response to an oil spill. The element shall
define the necessary tasks for oversight and control of cleanup and
removal activities associated with an oil spill and shall specify
each agency's particular responsibility in carrying out these tasks.
The element shall also include an organizational chart of the state
oil spill response organization and a definition of the resources,
capabilities, and response assignments of each agency involved in
cleanup and removal actions in an oil spill.
(b) A regional and local planning element that shall provide the
framework for the involvement of regional and local agencies in the
state effort to respond to an oil spill, and shall ensure the
effective and efficient use of regional and local resources, as
appropriate, in all of the following:
(1) Traffic and crowd control.
(2) Firefighting.
(3) Boating traffic control.
(4) Radio and communications control and provision of access to
equipment.
(5) Identification and use of available local and regional
equipment or other resources suitable for use in cleanup and removal
actions.
(6) Identification of private and volunteer resources or personnel
with special or unique capabilities relating to oil spill cleanup
and removal actions.
(7) Provision of medical emergency services.
(8) Identification and mitigation of public health and safety
impacts.
(8)
(9) Consideration of the identification and use of
private working craft and mariners, including commercial fishing
vessels and licensed commercial fishing men and women, in
containment, cleanup, and removal actions.
(c) A coastal protection element that establishes the state
standards for coastline protection. The administrator, in
consultation with the Coast Guard and Navy and the shipping industry,
shall develop criteria for coastline protection. If appropriate, the
administrator shall consult with representatives from the States of
Alaska, Washington, and Oregon, the Province of British Columbia in
Canada, and the Republic of Mexico. The criteria shall designate at
least all of the following:
(1) Appropriate shipping lanes and navigational aids for tankers,
barges, and other commercial vessels to reduce the likelihood of
collisions between tankers, barges, and other commercial vessels.
Designated shipping lanes shall be located off the coastline at a
distance sufficient to significantly reduce the likelihood that
disabled vessels will run aground along the coast of the state.
(2) Ship position reporting and communications requirements.
(3) Required predeployment of protective equipment for sensitive
environmental areas along the coastline.
(4) Required emergency response vessels that are capable of
preventing disabled tankers from running aground.
(5) Required emergency response vessels that are capable of
commencing oil cleanup operations before spilled oil can reach the
shoreline.
(6) An expedited decisionmaking process for dispersant use in
coastal waters. Prior to adoption of the process, the administrator
shall ensure that a comprehensive testing program is carried out for
any dispersant proposed for use in California marine waters. The
testing program shall evaluate toxicity and effectiveness of the
dispersants.
(7) Required rehabilitation facilities for wildlife injured by
spilled oil.
(8) An assessment of how activities that usually require a permit
from a state or local agency may be expedited or issued by the
administrator in the event of an oil spill.
(d) An environmentally and ecologically sensitive areas element
that shall provide the framework for prioritizing and ensuring the
protection of environmentally and ecologically sensitive areas. The
environmentally and ecologically sensitive areas element shall be
developed by the administrator, in conjunction with appropriate local
agencies, and shall include all of the following:
(1) Identification and prioritization of environmentally and
ecologically sensitive areas in state waters and along the coast.
Identification and prioritization of environmentally and ecologically
sensitive areas shall not prevent or excuse the use of all
reasonably available containment and cleanup resources from being
used to protect every environmentally and ecologically sensitive area
possible. Environmentally and ecologically sensitive areas shall be
prioritized through the evaluation of criteria, including, but not
limited to, all of the following:
(A) Risk of contamination by oil after a spill.
(B) Environmental, ecological, recreational, and economic
importance.
(C) Risk of public exposure should the area be contaminated.
(2) Regional maps depicting environmentally and ecologically
sensitive areas in state waters or along the coast that shall be
distributed to facilities and local and state agencies. The maps
shall designate those areas that have particularly high priority for
protection against oil spills.
(3) A plan for protection actions required to be taken in the
event of an oil spill for each of the environmentally and
ecologically sensitive areas and protection priorities for the first
24 to 48 hours after an oil spill shall be specified.
(4) The location of available response equipment and the
availability of trained personnel to deploy the equipment to protect
the priority environmentally and ecologically sensitive areas.
(5) A program for systemically testing and revising, if necessary,
protection strategies for each of the priority environmentally and
ecologically sensitive areas.
(6) Any recommendations for action that cannot be financed or
implemented pursuant to existing authority of the administrator,
which shall also be reported to the Legislature along with
recommendations for financing those actions.
(e) A reporting element that requires the reporting of spills of
any amount of oil in or on state waters.
SEC. 2. Section 8670.6.5 is added to the Government Code, to read:
8670.6.5. The administrator may obtain confidential and other
information protected from public disclosure 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. The
administrator shall develop procedures for handling the obtained
information consistent with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1) 1), Section 25364 of the Public Resources
Code, and federal law.
SEC. 3. Section 8670.8 of the Government Code
is amended to read:
8670.8. (a) The administrator shall carry out programs to provide
training for individuals in response, containment, and cleanup
operations and equipment, equipment deployment, and the planning and
management of these programs. These programs may include training for
members of the California Conservation Corps, other response
personnel employed by the state, personnel employed by other public
entities, personnel from marine facilities, commercial fishermen and
other mariners, and interested members of the public. Training may be
offered for volunteers.
(b) The administrator may offer training to anyone who is required
to take part in response and cleanup efforts under the California
oil spill contingency plan or under local government contingency
plans prepared and approved under this chapter.
(c) Upon request by a local government, the administrator shall
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.
(d) Trained and certified local spill response managers shall
participate in all drills upon request of the administrator.
(e) As part of the training and certification program, the
administrator shall authorize a local spill response manager to train
and certify volunteers.
(f) In the event of an oil spill, local spill response managers
trained and certified pursuant to subdivision (c) shall provide the
state on scene coordinator with timely information on activities and
resources deployed by local government in response to the oil spill.
The local spill response manager shall cooperate with the
administrator and respond in a manner consistent with the area
contingency plan to the extent possible.
(g) Funding for activities undertaken pursuant to subdivisions (a)
to (c), inclusive, shall be from the Oil Spill Prevention and
Administration Fund created pursuant to Section 8670.38.
(h) All training provided by the administrator shall follow the
requirements of applicable federal and state occupational safety and
health standards adopted by the Occupational Safety and Health
Administration of the Department of Labor and the Occupational Safety
and Health Standards Board.
SEC. 3. Section 8670.8 of the
Government Code is amended to read:
8670.8. (a) The administrator shall carry out programs to provide
training for individuals in response, containment, and cleanup
operations and equipment, equipment deployment, and the planning and
management of these programs. These programs may include training for
members of the California Conservation Corps, other response
personnel employed by the state, personnel employed by other public
entities, personnel from marine facilities, commercial fishermen and
other mariners, and interested members of the public. Training may be
offered for volunteers.
(b) The administrator may offer training to anyone who is required
to take part in response and cleanup efforts under the California
oil spill contingency plan or under local government contingency
plans prepared and approved under this chapter.
(c) Upon request by a local government, the administrator
may shall 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.
(d) Trained and certified local spill response managers shall
participate in all drills upon request of the administrator.
(e) As part of the training and certification program, the
administrator shall authorize a local spill response manager to train
and certify volunteers.
(f) In the event of an oil spill, local spill response managers
trained and certified pursuant to subdivision (c) shall provide the
state onscene coordinator with timely information on activities and
resources deployed by local government in response to the oil spill.
The local spill response manager shall cooperate with the
administrator and respond in a manner consistent with the area
contingency plan to the extent possible.
(g) Funding for activities undertaken pursuant to subdivisions (a)
to (c), inclusive, shall be from the Oil Spill Prevention and
Administration Fund created pursuant to Section 8670.38.
(h) All training provided by the administrator shall follow the
requirements of applicable federal and state occupational safety and
health standards adopted by the Occupational Safety and Health
Administration of the Department of Labor and the Occupational Safety
and Health Standards Board.
SEC. 4. Section 8670.8.3 of the Government Code
is amended to read:
8670.8.3. The administrator shall 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
local spill response manager certified pursuant to Section 8670.8.
The administrator shall request the Legislature to appropriate funds
from the Oil Spill Prevention and Administration Fund created
pursuant to Section 8670.38 for the purposes of this section.
SEC. 4. Section 8670.8.3 of the
Government Code is amended to read:
8670.8.3. The administrator may shall
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 local spill response manager
certified pursuant to Section 8670.8. The administrator may
shall request the Legislature to appropriate
funds from the Oil Spill Prevention and Administration Fund created
pursuant to Section 8670.38 for the purposes of this section.
SEC. 5. Section 8670.12 of the Government Code
is amended to read:
8670.12. (a) (1) The administrator shall conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in waters of the
state and oil transportation systems. The administrator may expend
moneys from the Oil Spill Prevention and Administration Fund created
pursuant to Section 8670.38, enter into consultation agreements, and
acquire necessary equipment and services for the purpose of carrying
out these studies and evaluations.
(2) On or before January 1, 2016, the administrator shall conduct
a study and evaluation pursuant to paragraph (1) for inland areas of
the state. The study and evaluation shall include, but shall not be
limited to, an analysis of likely spill scenarios, response
requirements for oil of varying properties and urban, rural, and
sensitive environments, and spill response equipment and resources.
(b) The administrator shall study the use and effects of
dispersants, incineration, bioremediation, and any other methods used
to respond to a spill. The study shall periodically be updated to
ensure the best achievable protection from the use of those methods.
Based upon substantial evidence in the record, the administrator may
determine in individual cases that best achievable protection is
provided by establishing requirements that provide the greatest
degree of protection achievable without imposing costs that
significantly outweigh the incremental protection that would
otherwise be provided. The studies shall do all of the following:
(1) Evaluate the effectiveness of dispersants and other chemical
agents in oil spill response under varying environmental conditions.
(2) Evaluate potential adverse impacts on the environment and
public health including, but not limited to, adverse toxic impacts on
water quality, fisheries, and wildlife with consideration to
bioaccumulation and synergistic impacts, and the potential for human
exposure, including skin contact and consumption of contaminated
seafood.
(3) Recommend appropriate uses and limitations on the use of
dispersants and other chemical agents to ensure they are used only in
situations where the administrator determines they are effective and
safe.
(c) The administrator shall evaluate the feasibility of using
commercial fishermen and other mariners for oil spill containment and
cleanup. The study shall examine the following:
(1) Equipment and technology needs.
(2) Coordination with private response personnel.
(3) Liability and insurance.
(4) Compensation.
(d) The studies shall be performed in conjunction with any studies
performed by federal, state, and international entities. The
administrator may enter into contracts for the studies.
SEC. 5. Section 8670.12 of the
Government Code is amended to read:
8670.12. (a) (1) The administrator shall
conduct studies and evaluations necessary for improving oil spill
response, containment, and cleanup and oil spill wildlife
rehabilitation in waters of the state and oil transportation systems.
The administrator may expend moneys from the Oil Spill Prevention
and Administration Fund created pursuant to Section 8670.38, enter
into consultation agreements, and acquire necessary equipment and
services for the purpose of carrying out these studies and
evaluations.
(2) On or before January 1, 2016, the administrator shall conduct
a study and evaluation pursuant to paragraph (1) for inland areas of
the state. The study and evaluation shall include, but shall not be
limited to, an analysis of likely spill scenarios, response
requirements for oil of varying properties and urban, rural, and
sensitive environments, and spill response equipment and resources.
(b) The administrator shall study the use and effects of
dispersants, incineration, bioremediation, and any other methods used
to respond to a spill. The study shall periodically be updated to
ensure the best achievable protection from the use of those methods.
Based upon substantial evidence in the record, the administrator may
determine in individual cases that best achievable protection is
provided by establishing requirements that provide the greatest
degree of protection achievable without imposing costs that
significantly outweigh the incremental protection that would
otherwise be provided. The studies shall do all of the following:
(1) Evaluate the effectiveness of dispersants and other chemical
agents in oil spill response under varying environmental conditions.
(2) Evaluate potential adverse impacts on the environment and
public health including, but not limited to, adverse toxic impacts on
water quality, fisheries, and wildlife with consideration to
bioaccumulation and synergistic impacts, and the potential for human
exposure, including skin contact and consumption of contaminated
seafood.
(3) Recommend appropriate uses and limitations on the use of
dispersants and other chemical agents to ensure they are used only in
situations where the administrator determines they are effective and
safe.
(c) The administrator shall evaluate the feasibility of using
commercial fishermen and other mariners for oil spill containment and
cleanup. The study shall examine the following:
(1) Equipment and technology needs.
(2) Coordination with private response personnel.
(3)
Liability and insurance.
(4) Compensation.
(d) The studies shall be performed in conjunction with any studies
performed by federal, state, and international entities. The
administrator may enter into contracts for the studies.
SEC. 6. Section 8670.15 is added to the Government Code, to read:
8670.15. (a) To the extent allowed by federal and state law and
to provide public transparency, the Legislature declares it is the
policy of the state that communities that face significant risks
associated with the transport or planned transport of significant
quantities of oil through or near those communities be notified of
the quantities and properties of the oil in a timely manner.
(b) The administrator shall obtain and make publicly available, as
allowed pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) and federal
law, previously filed information related to the transport of oil
through, near, or into communities. The previously filed information
shall include the type and quantity of oil and its mode of transport.
The previously filed information shall be obtained annually, at a
minimum, and shall cover the immediately preceding 12-month period.
(c) For purposes of this section, "transport" includes
transport or planned transport by vessel, truck, railroad, or
pipeline.
SEC. 7. Section 8670.29.5 is added to the Government Code, to
read:
8670.29.5. (a) The administrator shall obtain annually, at a
minimum, information on the modes of transportation of oil into and
within the state and the properties of the oil in order to evaluate
and identify any necessary changes in oil spill response and
preparedness programs to meet the goals of this chapter.
(b) The administrator shall provide this information to the Oil
Spill Technical Advisory Committee, established pursuant to Section
8670.54.
SEC. 8. Section 8670.32.5 is added to the Government Code, to
read:
8670.32.5. The administrator, in consultation with the
appropriate local, state, and federal regulators, shall conduct a
comprehensive risk assessment of nonvessel modes of transportation of
oil and shall identify those operations that pose the highest risk
of a pollution incident in state waters. The assessment shall include
a consideration of the likely range in properties of the oil.
SEC. 9. Section 8670.36 of the Government Code
is amended to read:
8670.36. The administrator shall, within five working days after
receipt of a contingency plan prepared pursuant to Section 8670.28 or
8670.35, post a notice that the plan is available for review. The
administrator shall send a copy of the plan within two working days
after receiving a request from the Oil Spill Technical Advisory
Committee. The State Lands Commission and the California Coastal
Commission shall review the plans for facilities or local governments
within the coastal zone. The San Francisco Bay Conservation and
Development Commission shall review the plans for facilities or local
governments within the area described in Sections 66610 and 29101 of
the Public Resources Code. The California Environmental Protection
Agency and the Office of Emergency Services shall review the plans
for facilities or local governments located outside of the coastal
zone. Any state agency or committee that comments shall submit its
comments to the administrator within 15 days of receipt of the plan.
The administrator shall consider all comments.
SEC. 9. Section 8670.36 of the
Government Code is amended to read:
8670.36. The administrator shall, within five working days after
receipt of a contingency plan prepared pursuant to Section 8670.28 or
8670.35, post a notice that the plan is available for review. The
administrator shall send a copy of the plan within two working days
after receiving a request from the Oil Spill Technical Advisory
Committee. The State Lands Commission and the California Coastal
Commission shall review the plans for facilities or local governments
within the coastal zone. The San Francisco Bay Conservation and
Development Commission shall review the plans for facilities or local
governments within the area described in Sections 66610 and 29101 of
the Public Resources Code. The California Environmental
Protection Agency and the Office of Emergency Services
shall review the plans for facilities or local governments located
outside of the coastal zone. Any state agency or committee that
comments shall submit its comments to the administrator within 15
days of receipt of the plan. The administrator shall consider all
comments.
SEC. 10. Section 8670.40 of the Government Code
is amended to read:
8670.40. (a) The State Board of Equalization shall collect a fee
in an amount annually determined by the administrator to be
sufficient to pay the reasonable regulatory costs to carry out the
purposes set forth in subdivision (e), and a reasonable reserve for
contingencies. The oil spill prevention and administration fee shall
be based on each barrel of crude oil or petroleum products, as
described in subdivision (b).
(b) (1) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time that the crude oil
is received at a marine terminal, by any mode of delivery that
passed over, across, under, or through waters of the state, from
within or outside the state, and upon a person who owns petroleum
products at the time that those petroleum products are received at a
marine terminal, by any mode of delivery that passed over, across,
under, or through waters of the state, from outside this state. The
fee shall be collected by the marine terminal operator from the owner
of the crude oil or petroleum products for each barrel of crude oil
or petroleum products received.
(2) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time the crude oil is
received at a refinery within the state by any mode of delivery that
passed over, across, under, or through waters of the state, whether
from within or outside the state. The refinery shall collect the fee
from the owner of the crude oil for each barrel of crude oil or
petroleum products received.
(3) The fees shall be remitted to the State Board of Equalization
by the owner of the crude oil or petroleum products, the refinery
operator, or the marine terminal operator on the 25th day of the
month based upon the number of barrels of crude oil or petroleum
products received at a refinery or marine terminal during the
preceding month. A fee shall not be imposed pursuant to this section
with respect to crude oil or petroleum products if the person who
would be liable for that fee, or responsible for its collection,
establishes that the fee has already been collected by a refinery or
marine terminal operator registered under this chapter or paid to the
State Board of Equalization with respect to the crude oil or
petroleum product.
(4) The oil spill prevention and administration fee shall not be
collected by a marine terminal operator or refinery operator or
imposed on the owner of crude oil or petroleum products if the fee
has been previously collected or paid on the crude oil or petroleum
products at another marine terminal or refinery. It shall be the
obligation of the marine terminal operator, refinery operator, or
owner of crude oil or petroleum products to show that the fee has
already been paid on the same crude oil or petroleum products.
(5) An owner of crude oil or petroleum products is liable for the
fee until it has been paid to the State Board of Equalization, except
that payment to a refinery operator or marine terminal operator
registered under this chapter is sufficient to relieve the owner from
further liability for the fee.
(6) On or before January 20, the administrator shall annually
prepare a plan that projects revenues and expenses over three fiscal
years, including the current year. Based on the plan, the
administrator shall set the fee so that projected revenues, including
any interest, are equivalent to expenses as reflected in the current
Budget Act and in the proposed budget submitted by the Governor. In
setting the fee, the administrator may allow for a surplus if the
administrator finds that revenues will be exhausted during the period
covered by the plan or that the surplus is necessary to cover
possible contingencies. The administrator shall notify the State
Board of Equalization of the adjusted fee rate, which shall be
rounded to no more than four decimal places, to be effective the
first day of the month beginning not less than 30 days from the date
of the notification.
(c) The moneys collected pursuant to subdivision (a) shall be
deposited into the fund.
(d) The State Board of Equalization shall collect the fee and
adopt regulations for implementing the fee collection program.
(e) The fee described in this section shall be collected solely
for all of the following purposes:
(1) To implement oil spill prevention programs through rules,
regulations, leasing policies, guidelines, and inspections and to
implement research into prevention and control technology.
(2) To carry out studies that may lead to improved oil spill
prevention and response.
(3) To finance environmental and economic studies relating to the
effects of oil spills.
(4) To implement, install, and maintain emergency programs,
equipment, and facilities to respond to, contain, and clean up oil
spills and to ensure that those operations will be carried out as
intended.
(5) To reimburse the State Board of Equalization for its
reasonable costs incurred to implement this chapter and to carry out
Part 24 (commencing with Section 46001) of Division 2 of the Revenue
and Taxation Code.
(6) To fund the Oiled Wildlife Care Network pursuant to Section
8670.40.5.
(f) The moneys deposited in the fund shall not be used for
responding to a spill.
(g) The moneys deposited in the fund shall not be used to provide
a loan to any other fund.
(h) Every person who operates a refinery, a marine terminal in
waters of the state, or a pipeline shall register with the State
Board of Equalization, pursuant to Section 46101 of the Revenue and
Taxation Code.
SEC. 10. Section 8670.40 of the
Government Code is amended to read:
8670.40. (a) The State Board of Equalization shall collect a fee
in an amount annually determined by the administrator to
be sufficient to pay the reasonable regulatory costs to carry out the
purposes set forth in subdivision (e), and a reasonable reserve for
contingencies. The annual assessment shall not exceed six
and one-half cents ($0.065) per barrel of crude oil or petroleum
products. The oil spill prevention and administration fee
shall be based on each barrel of crude oil or petroleum products, as
described in subdivision (b).
(b) (1) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time that the crude oil
is received at a marine terminal, by any mode of delivery that
passed over, across, under, or through waters of the state, from
within or outside the state, and upon a person who owns petroleum
products at the time that those petroleum products are received at a
marine terminal, by any mode of delivery that passed over, across,
under, or through waters of the state, from outside this state. The
fee shall be collected by the marine terminal operator from the owner
of the crude oil or petroleum products for each barrel of crude oil
or petroleum products received.
(2) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil or petroleum products at the
time that the crude oil or petroleum products are received at a
refinery within the state by any mode of delivery that passed over,
across, under, or through waters of the state, whether from within or
outside the state. The refinery shall collect the fee from the owner
of the crude oil or petroleum products for each barrel received.
(3) (A) There is a rebuttable presumption that crude oil or
petroleum products received at a marine terminal or a refinery have
passed over, across, under, or through waters of the state. This
presumption may be overcome by a marine terminal operator, refinery
operator, or owner of the crude oil or petroleum products by showing
that the crude oil or petroleum products did not pass over, across,
under, or through waters of the state. Evidence to rebut the
presumption may include, but shall not be limited to, documentation,
including shipping documents, bills of lading, highway maps, rail
maps, transportation maps, related transportation receipts, or
another medium that shows the crude oil or petroleum products did not
pass over, across, under, or through waters of the state.
(B) Notwithstanding the petition for redetermination and claim for
refund provisions of the Oil Spill Response, Prevention, and
Administration Fees Law (Part 24 (commencing with Section 46001) of
Division 2 of the Revenue and Taxation Code), the State Board of
Equalization shall not do either of the following:
(i) Accept or consider a petition for redetermination of fees
determined pursuant to this section if the petition is founded upon
the grounds that the crude oil or petroleum products did or did not
pass over, across, under, or through waters of the state.
(ii) Accept or consider a claim for a refund of fees paid pursuant
to this section if the claim is founded upon the grounds that the
crude oil or petroleum products did or did not pass over, across,
under, or through waters of the state.
(C) The State Board of Equalization shall forward to the
administrator an appeal of a redetermination or a claim for a refund
of fees that is based on the grounds that the crude oil or petroleum
products did or did not pass over, across, under, or through waters
of the state.
(4) The fees shall be remitted to the State Board of Equalization
by the owner of the crude oil or petroleum products, the refinery
operator, or the marine terminal operator on the 25th day of the
month based upon the number of barrels of crude oil or petroleum
products received at a refinery or marine terminal during the
preceding month. A fee shall not be imposed pursuant to this section
with respect to crude oil or petroleum products if the person who
would be liable for that fee, or responsible for its collection,
establishes that the fee has already been collected by a refinery or
marine terminal operator registered under this chapter or paid to the
State Board of Equalization with respect to the crude oil or
petroleum product.
(5) The oil spill prevention and administration fee shall not be
collected by a marine terminal operator or refinery operator or
imposed on the owner of crude oil or petroleum products if the fee
has been previously collected or paid on the crude oil or petroleum
products at another marine terminal or refinery. It shall be the
obligation of the marine terminal operator, refinery operator, or
owner of crude oil or petroleum products to demonstrate that the fee
has already been paid on the same crude oil or petroleum products.
(6) An owner of crude oil or petroleum products is liable for the
fee until it has been paid to the State Board of Equalization, except
that payment to a refinery operator or marine terminal operator
registered under this chapter is sufficient to relieve the owner from
further liability for the fee.
(7) On or before January 20, the administrator shall annually
prepare a plan that projects revenues and expenses over three fiscal
years, including the current year. Based on the plan, the
administrator shall set the fee so that projected revenues, including
any interest and inflation, are equivalent to expenses as reflected
in the current Budget Act and in the proposed budget submitted by the
Governor. In setting the fee, the administrator may allow for a
surplus if the administrator finds that revenues will be exhausted
during the period covered by the plan or that the surplus is
necessary to cover possible contingencies. The administrator shall
notify the State Board of Equalization of the adjusted fee rate,
which shall be rounded to no more than four decimal places, to be
effective the first day of the month beginning not less than 30 days
from the date of the notification.
(c) The moneys collected pursuant to subdivision (a) shall be
deposited into the fund.
(d) The State Board of Equalization shall collect the fee and
adopt regulations for implementing the fee collection program.
(e) The fee described in this section shall be collected solely
for all of the following purposes:
(1) To implement oil spill prevention programs through rules,
regulations, leasing policies, guidelines, and inspections and to
implement research into prevention and control technology.
(2) To carry out studies that may lead to improved oil spill
prevention and response.
(3) To finance environmental and economic studies relating to the
effects of oil spills.
(4) To implement, install, and maintain emergency programs,
equipment, and facilities to respond to, contain, and clean up oil
spills and to ensure that those operations will be carried out as
intended.
(5) To reimburse the State Board of Equalization for its
reasonable costs incurred to implement this chapter and to carry out
Part 24 (commencing with Section 46001) of Division 2 of the Revenue
and Taxation Code.
(6) To fund the Oiled Wildlife Care Network pursuant to Section
8670.40.5.
(f) The moneys deposited in the fund shall not be used for
responding to a spill.
(g) The moneys deposited in the fund shall not be used to provide
a loan to any other fund.
(h) Every person who operates a refinery, a marine terminal in
waters of the state, or a pipeline shall register with the State
Board of Equalization, pursuant to Section 46101 of the Revenue and
Taxation Code.
(i) The amendments to this section enacted in Senate Bill 861 of
the 2013-14 Regular Session shall become operative 90 days after the
effective date of Senate Bill 861 of 2013-14 Regular Session.
SEC. 11. Section 8670.54 of the Government Code
is amended to read:
8670.54. (a) The Oil Spill Technical Advisory Committee,
hereafter in this article, the committee, is hereby established to
provide public input and independent judgment of the actions of the
administrator. The committee shall consist of 15 members, of whom
nine shall be appointed by the Governor, three by the Speaker of the
Assembly, and three by the Senate Rules Committee. The appointments
shall be made in the following manner:
(1) The Speaker of the Assembly and Senate Committee on Rules
shall each appoint a member who shall be a representative of the
public.
(2) The Governor shall appoint a member who has a demonstrable
knowledge of marine transportation.
(3) The Speaker of the Assembly and the Senate Committee on Rules
shall each appoint two members who have demonstrable knowledge of
environmental protection and the study of ecosystems.
(4) The Governor shall appoint a member who has served as a local
government elected official or who has worked for a local government.
(5) The Governor shall appoint a member who has experience in oil
spill response and prevention programs.
(6) The Governor shall appoint a member who has been employed in
the petroleum industry.
(7) The Governor shall appoint a member who has worked in state
government.
(8) The Governor shall appoint a member who has demonstrable
knowledge of the dry cargo vessel industry.
(9) The Governor shall appoint a member who has demonstrable
knowledge of the railroad industry.
(10) The Governor shall appoint a member who has demonstrable
knowledge of the oil production industry.
(11) The Governor shall appoint a member who has a demonstrable
knowledge of the truck transportation industry.
(b) The committee shall meet as often as required, but at least
twice per year. Members shall be paid one hundred dollars ($100) per
day for each meeting and all necessary travel expenses at state per
diem rates.
(c) The administrator and any personnel the administrator
determines to be appropriate shall serve as staff to the committee.
(d) A chair and vice chair shall be elected by a majority vote of
the committee.
SEC. 11. Section 8670.54 of the
Government Code is amended to read:
8670.54. (a) The Oil Spill Technical Advisory Committee,
hereafter in this article, the committee, is hereby established to
provide public input and independent judgment of the actions of the
administrator. The committee shall consist of 14
15 members, of whom eight nine
shall be appointed by the Governor, three by the Speaker of the
Assembly, and three by the Senate Rules Committee
on Rules . The appointments shall be made in the
following manner:
(1) The Speaker of the Assembly and Senate Committee on Rules
shall each appoint a member who shall be a representative of the
public.
(2) The Governor shall appoint a member who has a demonstrable
knowledge of marine transportation.
(3) The Speaker of the Assembly and the Senate Committee on Rules
shall each appoint two members who have demonstrable knowledge of
environmental protection and the study of ecosystems.
(4) The Governor shall appoint a member who has served as a local
government elected official or who has worked for a local government.
(5) The Governor shall appoint a member who has experience in oil
spill response and prevention programs.
(6) The Governor shall appoint a member who has been employed in
the petroleum industry.
(7) The Governor shall appoint a member who has worked in state
government.
(8) The Governor shall appoint a member who has demonstrable
knowledge of the dry cargo vessel industry.
(9) The Governor shall appoint a member who has demonstrable
knowledge of the railroad industry.
(10) The Governor shall appoint a member who has demonstrable
knowledge of the oil production industry.
(11) The Governor shall appoint a member who has demonstrable
knowledge of the truck transportation industry.
(b) The committee shall meet as often as required, but at least
twice per year. Members shall be paid one hundred dollars ($100) per
day for each meeting and all necessary travel expenses at state per
diem rates.
(c) The administrator and any personnel the administrator
determines to be appropriate shall serve as staff to the committee.
(d) A chair and vice chair shall be elected by a majority vote of
the committee.
SEC. 12. Section 8670.56.6 of the Government
Code is amended to read:
8670.56.6. (a) (1) Except as provided in subdivisions (b) and
(d), and subject to subdivision (c), a person, including, but not
limited to, an oil spill cooperative, its agents, subcontractors, or
employees, shall not be liable under this chapter or the laws of the
state to any person for costs, damages, or other claims or expenses
as a result of actions taken or omitted in good faith in the course
of rendering care, assistance, or advice in accordance with the
National Contingency Plan, the California oil spill contingency plan,
or at the direction of the administrator, onsite coordinator, or the
Coast Guard in response to a spill or threatened spill.
(2) The qualified immunity under this section shall not apply to
any oil spill response action that is inconsistent with the
following:
(A) The directions of the unified command, consisting of at least
the Coast Guard and the administrator.
(B) In the absence of a unified command, the directions of the
administrator pursuant to Section 8670.27.
(C) In the absence of directions pursuant to subparagraph (A) or
(B), applicable oil spill contingency plans implemented under this
division.
(3) Nothing in this section shall, in any manner or respect,
affect or impair any cause of action against or any liability of any
person or persons responsible for the spill, for the discharged oil,
or for the vessel, terminal, pipeline, or facility from which the oil
was discharged. The responsible person or persons shall remain
liable for any and all damages arising from the discharge, including
damages arising from improperly carried out response efforts, as
otherwise provided by law.
(b) Nothing in this section shall, in any manner or respect,
affect or impair any cause of action against or any liability of any
party or parties responsible for the spill, or the responsible party'
s agents, employees, or subcontractors, except persons immunized
under subdivision (a) for response efforts, for the discharged oil,
or for the vessel, truck, terminal, pipeline, or facility from which
the oil was discharged.
(c) The responsible party or parties shall be subject to
both of the following:
(1) Notwithstanding subdivision (b) or (i) of Section 8670.56.5,
or any other law, be strictly and jointly and severally liable for
all damages arising pursuant to subdivision (h) of Section 8670.56.5
from the response efforts of its agents, employees, subcontractors,
or an oil spill cooperative of which it is a member or with which it
has a contract or other arrangement for cleanup of its oil spills,
unless it would have a defense to the original spill.
(2) Remain strictly liable for any and all damages arising from
the response efforts of a person other than a person specified in
paragraph (1).
(d) Nothing in this section shall immunize a cooperative or any
other person from liability for acts of gross negligence or willful
misconduct in connection with the cleanup of a spill.
(e) This section does not apply to any action for personal injury
or wrongful death.
(f) As used in this section, a "cooperative" means an organization
of private persons that is established for the primary purpose and
activity of preventing or rendering care, assistance, or advice in
response to a spill or threatened spill.
(g) Except for the responsible party, membership in a cooperative
shall not be grounds, in and of itself, for liability resulting from
cleanup activities of the cooperative.
(h) For purposes of this section, there shall be a rebuttable
presumption that an act or omission described in subdivision (a) was
taken in good faith.
(i) In any situation in which immunity is granted pursuant to
subdivision (a) and a responsible party is not liable, is not liable
for noneconomic damages caused by another, or is partially or totally
insolvent, the fund provided for in Article 7 (commencing with
Section 8670.46) shall reimburse, in accordance with its terms,
claims of any injured party for which a person who is granted
immunity pursuant to this section would otherwise be liable.
(j) (1) The immunity granted by this section shall only apply to
response efforts that are undertaken after the administrator
certifies that contracts with qualified and responsible persons are
in place to ensure an adequate and expeditious response to any
foreseeable oil spill that may occur in waters of the state for which
the responsible party (A) cannot be identified or (B) is unable or
unwilling to respond, contain, and clean up the oil spill in an
adequate and timely manner. In negotiating these contracts, the
administrator shall procure, to the maximum extent practicable, the
services of persons who are willing to respond to oil spills with no,
or lesser, immunity than that conferred by this section, but, in no
event, a greater immunity. The administrator shall make the
certification required by this subdivision on an annual basis. Upon
certification, the immunity conferred by this section shall apply to
all response efforts undertaken during the calendar year to which the
certification applies. In the absence of the certification required
by this subdivision, the immunity conferred by this section shall not
attach to any response efforts undertaken by any person in waters of
the state.
(2) In addition to the authority to negotiate contracts described
in paragraph (1), the administrator may also negotiate and enter into
indemnification agreements with qualified and financially
responsible persons to respond to oil spills that may occur in waters
of the state for which the responsible party (A) cannot be
identified or (B) is unable or unwilling to respond, contain, and
clean up the oil spill in an adequate and timely manner.
(3) The administrator may indemnify response contractors for (A)
all damages payable by means of settlement or judgment that arise
from response efforts to which the immunity conferred by this section
would otherwise apply, and (B) reasonably related legal costs and
expenses incurred by the responder, provided that indemnification
shall only apply to response efforts undertaken after the expiration
of any immunity that may exist as the result of the contract
negotiations authorized in this subdivision. In negotiating these
contracts, the administrator shall procure, to the maximum extent
practicable, the services of persons who are willing to respond to
oil spills with no, or as little, right to indemnification as
possible. All indemnification shall be paid by the administrator from
the Oil Spill Response Trust Fund.
(4) (A) The contracts required by this section, and any other
contracts entered into by the administrator for response,
containment, or cleanup of an existing spill, or for response of an
imminent threat of a spill, the payment of which is to be made from
the Oil Spill Response Trust Fund created pursuant to Section
8670.46, shall be exempt from Part 2 (commencing with Section 10100)
of Division 2 of the Public Contract Code and Article 6 (commencing
with Section 999) of Chapter 6 of Division 4 of the Military and
Veterans Code.
(B) The exemption specified in subparagraph (A) applies only to
contracts for which the services are used for a period of less than
90 days, cumulatively, per year.
(C) This paragraph shall not be construed as limiting the
administrator's authority to exercise the emergency powers granted
pursuant to subdivision (c) of Section 8670.62, including the
authority to enter into emergency contracts that are exempt from
approval by the Department of General Services.
(k) (1) With regard to a person who is regularly engaged in the
business of responding to oil spills, the immunity conferred by this
section shall not apply to any response efforts by that person that
occur later than 60 days after the first day the person's response
efforts commence.
(2) Notwithstanding the limitation contained in paragraph (1), the
administrator may extend, upon making all the following findings,
the period of time, not to exceed 30 days, during which the immunity
conferred by this section applies to response efforts:
(A) Due to inadequate or incomplete containment and stabilization,
there exists a substantial probability that the size of the spill
will significantly expand and (i) threaten previously uncontaminated
resources, (ii) threaten already contaminated resources with
substantial additional contamination, or (iii) otherwise endanger the
public health and safety or harm the environment.
(B) The remaining work is of a difficult or perilous nature that
extension of the immunity is clearly in the public interest.
(C) No other qualified and financially responsible contractor is
prepared and willing to complete the response effort in the absence
of the immunity, or a lesser immunity, as negotiated by contract.
(3) The administrator shall provide five days' notice of his or
her proposed decision to either extend, or not extend, the immunity
conferred by this section. Interested parties shall be given an
opportunity to present oral and written evidence at an informal
hearing. In making his or her proposed decision, the administrator
shall specifically seek and consider the advice of the relevant Coast
Guard representative. The administrator's decision to not extend the
immunity shall be announced at least 10 working days before the
expiration of the immunity to provide persons an opportunity to
terminate their response efforts as contemplated by paragraph (4).
(4) A person or their agents, subcontractors, or employees shall
not incur any liability under this chapter or any other provision of
law solely as a result of that person's decision to terminate their
response efforts because of the expiration of the immunity conferred
by this section. A person's decision to terminate response efforts
because of the expiration of the immunity conferred by this section
shall not in any manner impair, curtail, limit, or otherwise affect
the immunity conferred on the person with regard to the person's
response efforts undertaken during the period of time the immunity
applied to those response efforts.
(5) The immunity granted under this section shall attach, without
the limitation contained in this subdivision, to the response efforts
of any person who is not regularly engaged in the business of
responding to oil spills. A person who is not regularly engaged in
the business of responding to oil spills includes, but is not limited
to, (A) a person who is primarily dedicated to the preservation and
rehabilitation of wildlife and (B) a person who derives his or her
livelihood primarily from fishing.
( l ) As used in this section, "response
efforts" means rendering care, assistance, or advice in accordance
with the National Contingency Plan, the California oil spill
contingency plan, or at the direction of the administrator, United
States Environmental Protection Agency, or the Coast Guard in
response to a spill or threatened spill into waters of the state.
SEC. 12. Section 8670.56.6 of the
Government Code is amended to read:
8670.56.6. (a) (1) Except as provided in subdivisions (b) and
(d), and subject to subdivision (c), a person, including, but not
limited to, an oil spill cooperative, its agents, subcontractors, or
employees, shall not be liable under this chapter or the laws of the
state to any person for costs, damages, or other claims or expenses
as a result of actions taken or omitted in good faith in the course
of rendering care, assistance, or advice in accordance with the
National Contingency Plan, the California oil spill contingency plan,
or at the direction of the administrator, onsite coordinator, or the
Coast Guard in response to a spill or threatened spill.
(2) The qualified immunity under this section shall not apply to
any oil spill response action that is inconsistent with the
following:
(A) The directions of the unified command, consisting of at least
the Coast Guard and the administrator.
(B) In the absence of a unified command, the directions of the
administrator pursuant to Section 8670.27.
(C) In the absence of directions pursuant to subparagraph (A) or
(B), applicable oil spill contingency plans implemented under this
division.
(3) Nothing in this section shall, in any manner or respect,
affect or impair any cause of action against or any liability of any
person or persons responsible for the spill, for the discharged oil,
or for the vessel, terminal, pipeline, or facility from which the oil
was discharged. The responsible person or persons shall remain
liable for any and all damages arising from the discharge, including
damages arising from improperly carried out response efforts, as
otherwise provided by law.
(b) Nothing in this section shall, in any manner or respect,
affect or impair any cause of action against or any liability of any
party or parties responsible for the spill, or the responsible party'
s agents, employees, or subcontractors, except persons immunized
under subdivision (a) for response efforts, for the discharged oil,
or for the vessel, truck, terminal, pipeline, or facility
from which the oil was discharged.
(c) The responsible party or parties shall be subject to both of
the following:
(1) Notwithstanding subdivision (b) or (i) of Section 8670.56.5,
or any other law, be strictly and jointly and severally liable for
all damages arising pursuant to subdivision (h) of Section 8670.56.5
from the response efforts of its agents, employees, subcontractors,
or an oil spill cooperative of which it is a member or with which it
has a contract or other arrangement for cleanup of its oil spills,
unless it would have a defense to the original spill.
(2) Remain strictly liable for any and all damages arising from
the response efforts of a person other than a person specified in
paragraph (1).
(d) Nothing in this section shall immunize a cooperative or any
other person from liability for acts of gross negligence or willful
misconduct in connection with the cleanup of a spill.
(e) This section does not apply to any action for personal injury
or wrongful death.
(f) As used in this section, a "cooperative" means an organization
of private persons that is established for the primary purpose and
activity of preventing or rendering care, assistance, or advice in
response to a spill or threatened spill.
(g) Except for the responsible party, membership in a cooperative
shall not be grounds, in and of itself, for liability resulting from
cleanup activities of the cooperative.
(h) For purposes of this section, there shall be a rebuttable
presumption that an act or omission described in subdivision (a) was
taken in good faith.
(i) In any situation in which immunity is granted pursuant to
subdivision (a) and a responsible party is not liable, is not liable
for noneconomic damages caused by another, or is partially or totally
insolvent, the fund provided for in Article 7 (commencing with
Section 8670.46) shall reimburse, in accordance with its terms,
claims of any injured party for which a person who is granted
immunity pursuant to this section would otherwise be liable.
(j) (1) The immunity granted by this section shall only apply to
response efforts that are undertaken after the administrator
certifies that contracts with qualified and responsible persons are
in place to ensure an adequate and expeditious response to any
foreseeable oil spill that may occur in waters of the state for which
the responsible party (A) cannot be identified or (B) is unable or
unwilling to respond, contain, and clean up the oil spill in an
adequate and timely manner. In negotiating these contracts, the
administrator shall procure, to the maximum extent practicable, the
services of persons who are willing to respond to oil spills with no,
or lesser, immunity than that conferred by this section, but, in no
event, a greater immunity. The administrator shall make the
certification required by this subdivision on an annual basis. Upon
certification, the immunity conferred by this section shall apply to
all response efforts undertaken during the calendar year to which the
certification applies. In the absence of the certification required
by this subdivision, the immunity conferred by this section shall not
attach to any response efforts undertaken by any person in waters of
the state.
(2) In addition to the authority to negotiate contracts described
in paragraph (1), the administrator may also negotiate and enter into
indemnification agreements with qualified and financially
responsible persons to respond to oil spills that may occur in waters
of the state for which the responsible party (A) cannot be
identified or (B) is unable or unwilling to respond, contain, and
clean up the oil spill in an adequate and timely manner.
(3) The administrator may indemnify response contractors for (A)
all damages payable by means of settlement or judgment that arise
from response efforts to which the immunity conferred by this section
would otherwise apply, and (B) reasonably related legal costs and
expenses incurred by the responder, provided that indemnification
shall only apply to response efforts undertaken after the expiration
of any immunity that may exist as the result of the contract
negotiations authorized in this subdivision. In negotiating these
contracts, the administrator shall procure, to the maximum extent
practicable, the services of persons who are willing to respond to
oil spills with no, or as little, right to indemnification as
possible. All indemnification shall be paid by the administrator from
the Oil Spill Response Trust Fund.
(4) (A) The contracts required by this section, and any other
contracts entered into by the administrator for response,
containment, or cleanup of an existing spill, or for response
of to an imminent threat of a spill,
the payment of which is to be made from the Oil Spill Response Trust
Fund created pursuant to Section 8670.46, shall be exempt from Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code and Article 6 (commencing with Section 999) of Chapter 6 of
Division 4 of the Military and Veterans Code.
(B) The exemption specified in subparagraph (A) applies only to
contracts for which the services are used for a period of less than
90 days, cumulatively, per year.
(C) This paragraph shall not be construed as limiting the
administrator's authority to exercise the emergency powers granted
pursuant to subdivision (c) of Section 8670.62, including the
authority to enter into emergency contracts that are exempt from
approval by the Department of General Services.
(k) (1) With regard to a person who is regularly engaged in the
business of responding to oil spills, the immunity conferred by this
section shall not apply to any response efforts by that person that
occur later than 60 days after the first day the person's response
efforts commence.
(2) Notwithstanding the limitation contained in paragraph (1), the
administrator may extend, upon making all the following findings,
the period of time, not to exceed 30 days, during which the immunity
conferred by this section applies to response efforts:
(A) Due to inadequate or incomplete containment and stabilization,
there exists a substantial probability that the size of the spill
will significantly expand and (i) threaten previously uncontaminated
resources, (ii) threaten already contaminated resources with
substantial additional contamination, or (iii) otherwise endanger the
public health and safety or harm the environment.
(B) The remaining work is of a difficult or perilous nature that
extension of the immunity is clearly in the public interest.
(C) No other qualified and financially responsible contractor is
prepared and willing to complete the response effort in the absence
of the immunity, or a lesser immunity, as negotiated by contract.
(3) The administrator shall provide five days' notice of his or
her proposed decision to either extend, or not extend, the immunity
conferred by this section. Interested parties shall be given an
opportunity to present oral and written evidence at an informal
hearing. In making his or her proposed decision, the administrator
shall specifically seek and consider the advice of the relevant Coast
Guard representative. The administrator's decision to not extend the
immunity shall be announced at least 10 working days before the
expiration of the immunity to provide persons an opportunity to
terminate their response efforts as contemplated by paragraph (4).
(4) A person or their agents, subcontractors, or employees shall
not incur any liability under this chapter or any other provision of
law solely as a result of that person's decision to terminate their
response efforts because of the expiration of the immunity conferred
by this section. A person's decision to terminate response efforts
because of the expiration of the immunity conferred by this section
shall not in any manner impair, curtail, limit, or otherwise affect
the immunity conferred on the person with regard to the person's
response efforts undertaken during the period of time the immunity
applied to those response efforts.
(5) The immunity granted under this section shall attach, without
the limitation contained in this subdivision, to the response efforts
of any person who is not regularly engaged in the business of
responding to oil spills. A person who is not regularly engaged in
the business of responding to oil spills includes, but is not limited
to, (A) a person who is primarily dedicated to the preservation and
rehabilitation of wildlife and (B) a person who derives his or her
livelihood primarily from fishing.
( l ) As used in this section, "response efforts" means
rendering care, assistance, or advice in accordance with the
National Contingency Plan, the California oil spill contingency plan,
or at the direction of the administrator, United States
Environmental Protection Agency, or the Coast Guard in response to a
spill or threatened spill into waters of the state.
SEC. 13. Section 25364 of the Public
Resources Code is amended to read:
25364. (a) Any person required to present information to the
commission pursuant to Section 25354 may request that specific
information be held in confidence. Information requested to be held
in confidence shall be presumed to be confidential.
(b) Information presented to the commission pursuant to Section
25354 shall be held in confidence by the commission or aggregated to
the extent necessary to assure ensure
confidentiality if public disclosure of the specific information or
data would result in unfair competitive disadvantage to the person
supplying the information.
(c) (1) Whenever the commission receives a request to publicly
disclose unaggregated information, or otherwise proposes to publicly
disclose information submitted pursuant to Section 25354, notice of
the request or proposal shall be provided to the person submitting
the information. The notice shall indicate the form in which the
information is to be released. Upon receipt of notice, the person
submitting the information shall have 10 working days in which to
respond to the notice to justify the claim of confidentiality on each
specific item of information covered by the notice on the basis that
public disclosure of the specific information would result in unfair
competitive disadvantage to the person supplying the information.
(2) The commission shall consider the respondent's
submittal submission in determining whether to
publicly disclose the information submitted to it to which a claim of
confidentiality is made. The commission shall issue a written
decision which that sets forth its
reasons for making the determination whether each item of information
for which a claim of confidentiality is made shall remain
confidential or shall be publicly disclosed.
(d) The commission shall not make public disclosure of information
submitted to it pursuant to Section 25354 within 10 working days
after the commission has issued its written decision required in this
section.
(e) No information submitted to the commission pursuant to Section
25354 shall be deemed confidential if the person submitting the
information or data has made it public.
(f) With respect to petroleum products and blendstocks reported by
type pursuant to paragraph (1) or (2) of subdivision (a) of Section
25354 and information provided pursuant to subdivision (h) or (i) of
Section 25354, neither the commission nor any employee of the
commission may shall do any of the
following:
(1) Use the information furnished under paragraph (1) or (2) of
subdivision (a) of Section 25354 or under subdivision (h) or (i) of
Section 25354 for any purpose other than the statistical purposes for
which it is supplied.
(2) Make any publication whereby the information furnished by any
particular establishment or individual under paragraph (1) or (2) of
subdivision (a) of Section 25354 or under subdivision (h) or (i) of
Section 25354 can be identified.
(3) Permit anyone other than commission members and employees of
the commission to examine the individual reports provided under
paragraph (1) or (2) of subdivision (a) of Section 25354 or under
subdivision (h) or (i) of Section 25354.
(g) Notwithstanding any other provision of law,
the commission may disclose confidential information received
pursuant to subdivision (a) of Section 25304 or Section 25354 to the
State Air Resources Board or the administrator for oil spill
response, appointed pursuant to Section 8670.4 of the
Government Code, if the state board or the adminis
trator, as applicable, agrees to keep the information
confidential. With respect to the information it receives
they receive , the state board and the
administrator shall be subject to all pertinent provisions of
this section.
SEC. 13. SEC. 14. Section 765.5 of
the Public Utilities Code is amended to read:
765.5. (a) The purpose of this section is to provide that the
commission takes all appropriate action necessary to ensure the safe
operation of railroads in this state.
(b) The commission shall dedicate sufficient resources necessary
to adequately carry out the State Participation Program for the
regulation of rail transportation of hazardous materials as
authorized by the Hazardous Material Transportation Uniform Safety
Act of 1990 (P.L. 101-615).
(c) On or before July 1, 1992, the commission shall hire a minimum
of six additional rail inspectors who are or shall become federally
certified, consisting of three additional motive power and equipment
inspectors, two signal inspectors, and one operating practices
inspector, for the purpose of enforcing compliance by railroads
operating in this state with state and federal safety regulations.
(d) On or before July 1, 1992, the commission shall establish, by
regulation, a minimum inspection standard to ensure, at the time of
inspection, that railroad locomotives, equipment, and facilities
located in class I railroad yards in California will be inspected not
less frequently than every 120 days, and inspection of all branch
and main line track not less frequently than every 12 months.
(e) Commencing July 1, 2008, in addition to the minimum
inspections undertaken pursuant to subdivision (d), the commission
shall conduct focused inspections of railroad yards and track,
either in coordination with
the Federal Railroad Administration or as the commission determines
to be necessary. The focused inspection program shall target railroad
yards and track that pose the greatest safety risk, based on
inspection data, accident history, and rail traffic density.
(f) Commencing January 1, 2015, in addition to the inspections
undertaken pursuant to subdivisions (d) and (e), the commission shall
conduct expanded focused inspections, either in coordination with
the Federal Railroad Administration or as the commission determines
to be necessary, of bridges and grade crossings over which oil is
being transported and oil unloading facilities, including movement
within these facilities and onside storage. The expanded focused
inspection program shall target bridges, grade crossings, and oil
unloading facilities that pose the greatest safety risk, based on
inspection data, accident history, and rail traffic density.
(g) The commission may regulate essential local safety hazards for
the transport of oil more stringently than federal regulation,
pursuant to Section 20106 of Title 49 of the United States Code.
SEC. 14. SEC. 15. Section 7711 of
the Public Utilities Code is amended to read:
7711. The commission shall annually report to the Legislature, on
or before July 1, on sites on railroad lines in the state it finds
to be hazardous. The report shall include, but not be limited to,
information on all of the following:
(a) A list of all railroad derailment accident sites in the state
on which accidents have occurred within at least the previous five
years. The list shall describe the nature and probable causes of the
accidents, if known, and shall indicate whether the accidents
occurred at or near sites that the commission has determined,
pursuant to subdivision (b), pose a local safety hazard.
(b) A list of all railroad sites in the state that the commission
determines, pursuant to Section 20106 of Title 49 of the United
States Code, pose a local safety hazard. The commission may submit in
the annual report the list of railroad sites submitted in the
immediate prior year annual report, and may amend or revise that list
from the immediate prior year as necessary. Factors that the
commission shall consider in determining a local safety hazard may
include, but need not be limited to, all of the following:
(1) The severity of grade and curve of track.
(2) The value of special skills of train operators in negotiating
the particular segment of railroad line.
(3) The value of special railroad equipment in negotiating the
particular segment of railroad line.
(4) The types of commodities transported on or near the particular
segment of railroad line.
(5) The hazard posed by the release of the commodity into the
environment.
(6) The value of special railroad equipment in the process of
safely loading, transporting, storing, or unloading potentially
hazardous commodities.
(7) The proximity of railroad activity to human activity or
sensitive environmental areas.
(8) A list of the root causes and significant contributing factors
of all train accidents or derailments investigated.
(c) In determining which railroad sites pose a local safety hazard
pursuant to subdivision (b), the commission shall consider the
history of accidents at or near the sites. The commission shall not
limit its determination to sites at which accidents have already
occurred, but shall identify potentially hazardous sites based on the
criteria enumerated in subdivision (b) and all other criteria that
the commission determines influence railroad safety. The commission
shall also consider whether any local safety hazards at railroad
sites have been eliminated or sufficiently remediated to warrant
removal of the site from the list required under subdivision (b).
(d) The timing, nature, and status of the remediation of defects
and violations of federal and state law related to the transport and
delivery of oil detected by the commission through its inspections.
SEC. 15. SEC. 16. Nothing in this act
is intended to limit the police power or other authority of a local
government or government regulator to enforce any other state or
federal environmental law or regulation.
SEC. 16. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 17. This act shall not become operative
unless Senate Bill 861 of the 2013-14 Regular Session is enacted and
becomes operative.