BILL NUMBER: SB 1319	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  AUGUST 19, 2014
	AMENDED IN ASSEMBLY  AUGUST 4, 2014
	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 
 Senators   Hill,   Wolk,   and Pavley

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

                        FEBRUARY 21, 2014

    An act to amend Sections 8670.8, 8670.8.3, and 8670.54
of, and to add Sections 8670.6.5 and 8670.15 to, the Government Code,
to amend Section 25364 of the Public Resources Code, and to amend
Section 765.5 of the Public Utilities Code, relating to oil spills.
  An act to add Article 3.9 (commencing with Section
8574.30) to Chapter 7 of Division 1 of Title 2 of the Government
Code, relating to hazardous materials transport. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1319, as amended,  Pavley   Hill  .
 Oil spills: oil spill prevention and response. 
 Hazardous materials: railroad tank cars.  
   Existing law establishes the Railroad Accident Prevention and
Immediate Deployment Force in the California Environmental Protection
Agency and designates the force as being responsible for providing
immediate onsite response capability in the event of a large-scale
release of toxic materials resulting from a surface transportation
accident. Existing law requires the agency to develop a state
railroad accident prevention and immediate deployment plan, in
consultation with specified state entities, other potentially
affected state, local, or federal agencies, and affected businesses,
and designates the force as being responsible for implementing the
plan, acting cooperatively and in concert with existing local
emergency response units.  
   Existing law establishes the Office of Emergency Services within
the office of the Governor and under the supervision of the Director
of Emergency Services and makes the office responsible for the state'
s emergency and disaster response services for natural,
technological, or manmade disasters and emergencies. Existing law
requires the office to serve as the central point of state government
for the emergency reporting of spills, unauthorized releases, or
other accidental releases of hazardous materials and to coordinate
the notification of the appropriate state and local administering
agencies that may be required to respond to those spills,
unauthorized releases, or other accidental releases.  
   This bill would create the Regional Railroad Accident Preparedness
and Immediate Response Force in the Office of Emergency Services,
consisting of specified representatives, and would designate this
force as being responsible for providing regional and onsite response
capabilities in the event of a release of hazardous materials from a
railroad tank car or a railroad accident involving a tank car. This
bill would require the office to develop and implement a state
regional railroad accident preparedness and immediate response plan,
in consultation with specified entities, and requires the plan to
become an annex to the state emergency plan. This bill would require
the force and the Office of Spill Prevention and Response to
coordinate in their respective authorities and responsibilities to
avoid any duplication of effort, ensure cooperation, and promote the
sharing of information regarding the risk of discharge of petroleum
by rail into state waters.  
   This bill would require the director to establish a schedule of
fees to determine the amount of a fee to be paid by a person owning
hazardous materials that are transported by rail in California. The
bill would require that the fees be fair, as required by the federal
Hazardous Materials Transportation Act, and state the intent of the
Legislature that the schedule of fees reflect the proportionate risks
to the public safety and environment resulting from a release of
different hazardous materials and the expense of preparing to respond
to those varying risks. The bill would authorize the director to
exempt from the fee a shipment of hazardous materials that meets
certain criteria and prohibit the collection of fees in excess of the
reasonable regulatory costs to the state. The bill would also
require every person who operates a railroad that transports
hazardous materials by tank car to register with the board and to
remit the fees to the board pursuant to the Fee Collection Procedures
Law. The bill would create the Regional Railroad Accident
Preparedness and Immediate Response Fund in the State Treasury and
would require that all revenues, interest, penalties, and other
amounts collected pursuant to the bill's requirements be deposited
into the fund, less refunds and reimbursement to the board for
expenses incurred in the administration and collection of the fee.
The bill would require that moneys in the fund, upon appropriation by
the Legislature, be used by the director to pay for planning,
developing, and maintaining a capability for emergency response
purposes relating to a hazardous materials release from a railroad
tank car or a railroad accident involving a tank car, and the
creation, support, maintenance, and implementation of the Regional
Railroad Accident Preparedness and Immediate Response Force. This
bill would limit the amount available for appropriation from the fund
to $10,000,000 in any calendar year.  
   The Fee Collection Procedures Law makes a violation of any
provision of the law, or of certain requirements imposed by the board
pursuant to the law, a crime.  
   By expanding the application of the Fee Collection Procedures Law,
the violation of which is a crime, this bill would impose a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   (1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response
Act generally requires the administrator for oil spill response,
acting at the direction of the Governor, to implement activities
relating to oil spill response, including emergency drills and
preparedness, and oil spill containment and cleanup, and to represent
the state in any coordinated response efforts with the federal
government.  
   This 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 obtain and make publicly
available, as specified, previously filed information related to the
transport of oil through, near, or into communities, as specified.
 
   (2) Existing law authorizes the administrator, upon request by a
local government, to provide a program for training and certification
of a local emergency responder designated as a local spill response
manager by a local government with jurisdiction over or directly
adjacent to waters of the state. Existing law also authorizes 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.
 
   This bill would require the administrator to provide that program,
upon request, and offer those grants and request an appropriation
for that purpose.  
   (3) 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 14
members.  
   This bill would increase the number of members from 14 to 15 and
would require the Governor to appoint an additional member with
knowledge of the truck transportation industry.  
   (4) 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
if the administrator response agrees to keep that information
confidential, as specified.  
   (5) 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 railroad
bridges and grade crossings over which oil is being transported and
oil unloading rail facilities, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 3.9 (commencing with Section
8574.30) is added to Chapter 7 of Division 1 of Title 2 of the 
 Government Code  , to read:  

      Article 3.9.  Regional Railroad Accident Preparedness and
Immediate Response


   8574.30.  For purposes of this article, the following terms have
the following meanings:
   (a) "Board" means the State Board of Equalization.
   (b) "Director" means the Director of Emergency Services.
   (c) "Fund" means the Regional Railroad Accident Preparedness and
Immediate Response Fund established pursuant to Section 8574.44.
   (d) "Hazardous material" means a material that the United States
Department of Transportation has designated as a hazardous material
for purposes of transportation in Part 172 of Title 49 of the Code of
Federal Regulations.
   (e) "Owner" means the person who has the ultimate control over,
and the right to use or sell, the hazardous material being shipped.
There is a rebuttable presumption that the shipper, consignor, or
consignee of the hazardous material is the owner of the hazardous
material. This presumption may be overcome by showing that ownership
of the hazardous material rests with someone other than the shipper,
consignor, or consignee. Evidence to rebut the presumption may
include, but is not limited to, documentation, including a bill of
lading, shipping document, bill of sale, or other medium, that shows
the ownership of the hazardous material rests in a person other than
the shipper, consignor, or consignee.
   (f) "Person" means an individual, trust, firm, joint stock
company, business concern, corporation, including, but not limited
to, a government corporation, partnership, limited liability company,
and association. "Person" also includes any city, county, city and
county, district, commission, the state or any department, agency or
political subdivision thereof, and the United States and agencies and
instrumentalities, to the extent permitted by law.
   (g) "Railroad" has the same meaning as defined in Section 229 of
the Public Utilities Code.
   (h) "Tank car" means a railroad car or rolling stock designed to
transport liquid and gaseous commodities, and includes those railroad
cars subject to the requirements of Part 179 (commencing with
Section 179.1) of Title 49 of the Code of Federal Regulations, or a
successor set of regulations adopted by the United States Department
of Transportation.
   8574.32.  (a) The director shall establish a schedule of fees to
determine the amount of a fee that shall be paid by each person
owning hazardous materials that are transported by rail in California
in an amount sufficient to fund the appropriation from the fund
pursuant to Section 8574.44, to reimburse the California High-Cost
Fund-B Administrative Committee Fund for any moneys loaned, and to
maintain a prudent reserve of two months' operating costs. The fee
shall be based on each loaded tank car as described in subdivision
(b).
   (b) (1) Within six months of the director establishing a schedule
of fees pursuant to subdivision (a), the fee shall be imposed on a
person owning hazardous material at the time that hazardous material
is transported by loaded tank car. The fee is based on each loaded
tank car.
   (A) If the loaded tank car enters the state from outside this
state, the fee is imposed on the owner of the hazardous material at
the time the loaded tank car enters this state. The railroad shall
collect the fee from the owner of the hazardous material and shall
pay the fee to the board.
   (B) If the tank car is loaded within this state the fee is imposed
upon the loading of hazardous material into the tank car for
transport in or through this state. The railroad shall collect the
fee from the owner of the hazardous material at the time the tank car
is loaded and shall pay the fee to the board.
   (2) The fees shall be paid to the board by the railroad at the
time the return is required to be filed, as specified in Section
8574.38, based on the number of loaded hazardous material tank cars
transported within the state.
   (3) Any fees collected from an owner of hazardous materials
pursuant to this section that have not been remitted to the board
shall be deemed a debt owed to the state by the person required to
collect and remit fees.
   (4) The owner of the hazardous material is liable for the fee
until it has been paid to the board, except that payment to a
railroad registered under this article is sufficient to relieve the
owner from further liability for the fee.
   (5) Any owner or railroad who has paid fees pursuant to this
section shall not be assessed any additional fees under this section
for further transporting the same hazardous materials in the same
tank cars on a different railroad within the state.
   (c) The fee shall be fair, as required by subsection (f) of
Section 5125 of Title 49 of the United States Code and federal
regulations (49 CFR 107.202(e)). It is the intent of the Legislature
that the fee reflect the proportionate risks to the public safety and
environment resulting from a release of different hazardous
materials and the expense of preparing to respond to those varying
risks. The director may exempt from the fee those shipments of
hazardous materials that do not merit inclusion in the state regional
railroad accident preparedness and immediate response plan developed
pursuant to Section 8574.46 and those shipments of hazardous
materials that do not merit additional governmental preparation to
respond to their release in the event of a railroad accident.
   (d) The fee shall not result in the collection of moneys that
exceed the reasonable regulatory costs to the state for the purposes
specified in subdivision (e) of Section 8574.44. The director shall
set the fee consistent with Section 3 of Article XIII A of the
California Constitution.
   (e) The director shall be responsible for reporting fee
information to the federal Secretary of Transportation pursuant to
paragraph (2) of subsection (f) of Section 5125 of Title 49 of the
United States Code.
   (f) The director may authorize payments of fees through
contributions in kind of equipment, materials, or services.
   8574.34.  Every person who operates a railroad that transports
hazardous materials by tank car shall register with the board
pursuant to Section 55021 of the Revenue and Taxation Code.
   8574.36.  The fee imposed pursuant to Section 8574.32 shall be
administered and collected by the board in accordance with the Fee
Collection Procedures Law (Part 30 (commencing with Section 55001) of
Division 2 of the Revenue and Taxation Code). For purposes of this
section, the references in the Fee Collection Procedures Law to "fee"
shall include the fee imposed by this article, and references to
"feepayer" shall include a person required to pay the fee imposed by
this article.
   8574.38.  The return required to be filed pursuant to Section
55040 of the Revenue and Taxation Code shall be prepared and filed by
the person required to register with the board, using electronic
media, in the form prescribed by the board, and shall contain that
information the board deems necessary or appropriate for the proper
administration of this article and the Fee Collection Procedures Law.
The return shall be filed on or before the last day of the calendar
month following the calendar quarter to which it relates, together
with a remittance payable to the board for the fee amount due for
that period. Returns shall be authenticated in a form or pursuant to
methods as may be prescribed by the board.
   8574.40.  Notwithstanding the petition for redetermination and
claim for refund provisions of the Fee Collection Procedures Law
(Article 3 (commencing with Section 55081) of Chapter 3 of, and
Article 1 (commencing with Section 55221) of Chapter 5 of, Part 30 of
Division 2 of the Revenue and Taxation Code), the board shall not:
   (a) Accept or consider a petition for redetermination of fees
determined under this article if the petition is founded upon the
grounds that the tank car content is or is not a hazardous material.
The board shall forward to the director any appeal of a determination
that is based on the grounds that the tank car content is or is not
a hazardous material.
   (b) Accept or consider a claim for refund of fees paid pursuant to
this chapter if the claim is founded upon the grounds that the tank
car content is or is not a hazardous material. The board shall
forward to the director any claim for refund that is based on the
grounds that the tank car content is or is not a hazardous material.
   8574.42.  (a) The board may prescribe, adopt, and enforce
regulations relating to the administration and enforcement of this
article.
   (b) The board may prescribe, adopt, and enforce any emergency
regulations, as necessary, to implement this article. Except as
provided in Section 8574.44, any emergency regulation prescribed,
adopted, or enforced pursuant to this article shall be adopted
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 and, for purposes of that article, including
Section 11349.6, the adoption of the regulation is an emergency and
shall be considered by the Office of Administrative Law as necessary
for the immediate preservation of the public peace, health and
safety, and general welfare.
   8574.44.  (a) The Regional Railroad Accident Preparedness and
Immediate Response Fund is hereby created in the State Treasury.
   (b) All revenues, interest, penalties, and other amounts collected
pursuant to this article shall be deposited into the fund, less
refunds and reimbursement to the board for expenses incurred in the
administration and collection of the fee.
   (c) The adoption of regulations pursuant to this section shall be
considered by the Office of Administrative Law as an emergency
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2,
emergency regulations adopted by the director and the board pursuant
to this section shall be filed with, but not repealed by, the Office
of Administrative Law and shall remain in effect until revised or
repealed by the director.
   (d) The fund shall be used to reimburse the California High-Cost
Fund-B Administrative Committee Fund for any moneys loaned from the
California High-Cost Fund-B Administrative Committee Fund to the fund
to pay for the Office of Emergency Service's administrative costs
associated with implementation of the fee pursuant to this article.
   (e) All moneys remaining in the fund after reimbursement of the
California High-Cost Fund-B Administrative Committee Fund pursuant to
subdivision (d) shall, upon appropriation by the Legislature, be
used by the director to pay for the following purposes related to the
transportation of hazardous materials:
   (1) Planning, developing, and maintaining a capability for
emergency response to railroad accidents involving tank cars carrying
hazardous materials, including the risks of explosions and fires.
   (2) Planning, developing, and maintaining a capability for
emergency response to releases of hazardous materials from tank cars,
including reducing the harmful effects of exposure of those
materials to humans and the environment.
   (3) Creation, support, maintenance, and implementation of the
Regional Railroad Accident Preparedness and Immediate Response Force
created by Section 8574.46.
   (4) Acquisition and maintenance of specialized equipment and
supplies used to respond to a hazardous materials release from a
railroad tank car or a railroad accident involving a tank car.
   (5) Support of specialized training facilities to prepare for and
respond to a hazardous materials release from a railroad tank car or
a railroad accident involving a tank car.
   (6) Creation and support of a regional, state level, and local
emergency response team to provide immediate onsite response
capabilities in the event of large scale releases of hazardous
materials from a railroad tank car or a railroad accident involving a
tank car.
   (7) Support for specialized training for state and local emergency
response officials in techniques for prevention of, and response to,
release of hazardous materials from a railroad tank car or a
railroad accident involving a tank car.
   (f) The amount available for appropriation from the fund shall not
exceed ten million dollars ($10,000,000) in any calendar year.
   8574.46.  (a) The Regional Railroad Accident Preparedness and
Immediate Response Force is hereby created in the Office of Emergency
Services. The force shall be responsible for providing regional and
onsite response capabilities in the event of a release of hazardous
materials from a railroad tank car or a railroad accident involving a
tank car and for implementing the state regional railroad accident
preparedness and immediate response plan for releases of hazardous
materials from a railroad tank car or a railroad accident involving a
tank car. This force shall act cooperatively and in concert with
existing local emergency response units pursuant to Article 9.5
(commencing with Section 8607). The force shall consist of
representatives of all of the following:
   (1) Department of Fish and Wildlife.
   (2) California Environmental Protection Agency.
   (3) State Air Resources Board.
   (4) Department of Resources Recycling and Recovery.
   (5) California regional water quality control boards.
   (6) Department of Toxic Substances Control.
   (7) Department of Pesticide Regulation.
   (8) Office of Environmental Health Hazard Assessment.
   (9) State Department of Public Health.
   (10) Department of the California Highway Patrol.
   (11) Department of Food and Agriculture.
   (12) Department of Forestry and Fire Protection.
   (13) Department of Parks and Recreation.
   (14) Public Utilities Commission.
   (15) State Fire Marshal.
   (16) Emergency Medical Services Authority.
   (17) California National Guard.
   (18) Any other potentially affected state, local, or federal
agency, as determined by the director.
   (b) The Office of Emergency Services shall develop a state
regional railroad accident preparedness and immediate response plan
in cooperation with all of the entities listed in paragraphs (1) to
(18), inclusive, of subdivision (a) and the plan shall become an
annex to the state emergency plan.
   (c) (1) The Legislature finds and declares that the state has a
comprehensive program through the Office of Spill Prevention and
Response to prevent and prepare for the risk of a significant
discharge of petroleum into state waters, including a discharge
caused by the transportation of petroleum by rail. The Legislature
further finds and declares that the Regional Accident Preparedness
and Immediate Response Force is focused on the emergency response for
railroad accidents and tank car discharges involving all designated
hazardous materials regardless of where the accident or discharge
takes place.
   (2) The Regional Accident Preparedness and Immediate Response
Force and Office of Spill Prevention and Response shall coordinate in
their respective authorities and responsibilities to avoid any
duplication of effort, ensure cooperation, and promote the sharing of
information regarding the risk of discharge of petroleum by rail
into state waters. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  All matter omitted in this version of
the bill appears in the bill as amended in the Assembly, August 19,
2014. (JR11)