Amended in Assembly August 29, 2014

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

Senate Bill No. 1319

Introduced by begin delete Senators Hill, Wolk, and end delete begin insert Senator end insert Pavley

begin insert

(Coauthor: Assembly Member Nestande)

end insert

February 21, 2014

begin delete 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. end delete begin insert An act to amend Sections 10735.2 and 10735.8 of the Water Code relating to groundwater. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1319, as amended, begin delete Hill end delete   begin insert Pavley end insert . begin delete Hazardous materials: railroad tank cars. end delete begin insert Groundwater. end insert

begin insert

Existing law authorizes local agencies to adopt and implement a groundwater management plan. Existing law requires a groundwater management plan to contain specified components and requires a local agency seeking state funds administered by the Department of Water Resources for groundwater projects or groundwater quality projects to do certain things, including, but not limited to, preparing and implementing a groundwater management plan that includes basin management objectives for the groundwater basin.

end insert begin insert

AB 1739 of the 2013-14 Regular Session, if enacted, would authorize the state board to designate a basin as a probationary basin, if the state board makes a certain determination. If the state board finds that litigation challenging the formation of a groundwater sustainability agency prevented a groundwater sustainability program from being implemented pursuant to one of the determinations, AB 1739 would prohibit the state board from designating a basin as a probationary basin for a specified time period.

end insert begin insert

SB 1168 of the 2013-14 Regular Session, if enacted, would require the department to categorize each basin as high-, medium-, low- or very low priority.

end insert begin insert

This bill would additionally authorize the state board to designate certain high- and medium-priority basins as a probationary basin if, after January 31, 2025, prescribed criteria are met, including that the state board determines that the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface waters. This bill would add to the prescribed determinations that would prevent the state board from designating the basin as a probationary basin for a specified time period. This bill would require the state board to exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates compliance with the sustainability goal.

end insert begin insert

AB 1739 would authorize the state board to develop an interim plan for a probationary basin if the state board, in consultation with the Department of Water Resources, determines that a local agency has not remedied a deficiency that resulted in designating the basin as a probationary basin within a certain timeframe. AB 1739 would authorize the board to adopt an interim plan for a probationary basin after notice and a public hearing and would require state entities to comply with an interim plan. AB 1739 would authorize the board to rely on, or incorporate elements of, a groundwater sustainability plan, groundwater sustainability program, or adjudication into the interim plan adopted by the board or allow local agencies to continue implementing those parts of a plan or program that the board determines are adequate.

end insert begin insert

This bill would remove the authority of the local agencies to continue to implement parts of the plan or program that the board determines to be adequate and instead require the state board to include in its interim plan a groundwater sustainability plan, or any element of a plan, that the board finds either complies with the sustainability goal for that portion of the basin or would help meet the sustainability goal for the basin. The bill would prohibit the state board, before January 1, 2025, from establishing an interim plan under the bill to remedy a condition where groundwater extractions result in significant depletions of interconnected surface waters.

end insert begin insert

This bill would make its operation contingent on the enactment of AB 1739 and SB 1168 of the 2013-14 Regular Session.

end insert begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

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

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 10735.2 of the end insert begin insert Water Code end insert begin insert , as added by
Assembly Bill 1739 of the 2013- end insert begin insert 14 Regular Session, is amended
to read: end insert

10735.2.  

(a) The board, after notice and a public hearing, may
designate a basin as a probationary basin, if the board finds one
or more of the following applies to the basin:

(1) After June 30, 2017, none of the following have occurred:

(A)  A local agency has elected to be a groundwater
sustainability agency that intends to develop a groundwater
sustainability plan for the entire basin.

(B)  A collection of local agencies has formed a groundwater
sustainability agency or prepared agreements to develop one or
more groundwater sustainability plans that will collectively serve
as a groundwater sustainability plan for the entire basin.

(C)  A local agency has submitted an alternative that has been
approved or is pending approval pursuant to Section 10733.6. If
the department disapproves an alternative pursuant to Section
10733.6, the board shall not act under this paragraph until at least
180 days after the department disapproved the alternative.

(2)  The basin is subject to paragraph (1) of subdivision (a) of
Section 10720.7, and after January 31, 2020, none of the following
have occurred:

(A)  A groundwater sustainability agency has adopted a
groundwater sustainability plan for the entire basin.

(B)  A collection of local agencies has adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.

(C) The department has approved an alternative pursuant to
Section 10733.6.

(3)  begin delete After end delete begin insert The basin is subject to paragraph (1) of subdivision
(a) of Section 10720.7 and after end insert January 31, 2020, the department,
in consultation with the board, determines that a groundwater
sustainability plan is inadequate or that the groundwater
sustainability program is not being implemented in a manner that
will likely achieve the sustainability goal.

(4) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and after January 31, 2022, none of the following
have occurred:

(A) A groundwater sustainability agency has adopted a
groundwater sustainability plan for the entire basin.

(B) A collection of local agencies has adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.

(C) The department has approved an alternative pursuant to
Section 10733.6.

(5) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and begin delete after January 31, 2022, both end delete begin insert either end insert of the
following have occurred:

begin insert

(A) After January 31, 2022, both of the following have occurred:

end insert begin delete

(A)

end delete

begin insert (i) end insert  The department, in consultation with the board, determines
that a groundwater sustainability plan is inadequate or that the
groundwater sustainability plan is not being implemented in a
manner that will likely achieve the sustainability goal.

begin delete

(B)

end delete

begin insert (ii) end insert  The board determines that the basin is in a condition of
long-term overdraft begin delete or in a condition where groundwater
extractions result in significant depletions of interconnected surface
waters end delete .

begin insert

(B) After January 31, 2025, both of the following have occurred:

end insert begin insert

(i) The department, in consultation with the board, determines
that a groundwater sustainability plan is inadequate or that the
groundwater sustainability plan is not being implemented in a
manner that will likely achieve the sustainability goal.

end insert begin insert

(ii) The board determines that the basin is in a condition where
groundwater extractions result in significant depletions of
interconnected surface waters.

end insert

(b) In making the findings associated with paragraph (3) or (5)
of subdivision (a), the department and board may rely on periodic
assessments the department has prepared pursuant to Chapter 10
(commencing with Section 10733). The board may request that
the department conduct additional assessments utilizing the
regulations developed pursuant to Chapter 10 (commencing with
Section 10733) and make determinations pursuant to this section.
The board shall post on its Internet Web site and provide at least
30 days for the public to comment on any determinations provided
by the department pursuant to this subdivision.

(c) (1)   The determination may exclude a class or category of
extractions from the requirement for reporting pursuant to Part 5.2
(commencing with Section 5200) of Division 2 if those extractions
are subject to a local plan or program that adequately manages
groundwater within the portion of the basin to which that plan or
program applies, or if those extractions are likely to have a minimal
impact on basin withdrawals.

(2) The determination may require reporting of a class or
category of extractions that would otherwise be exempt from
reporting pursuant to paragraph (1) of subdivision (c) of Section
5202 if those extractions are likely to have a substantial impact on
basin withdrawals or requiring reporting of those extractions is
reasonably necessary to obtain information for purposes of this
chapter.

(3) The determination may establish requirements for
information required to be included in reports of groundwater
extraction, for installation of measuring devices, or for use of a
methodology, measuring device, or both, pursuant to Part 5.2
(commencing with Section 5200) of Division 2.

(4) The determination may modify the water year or reporting
date for a report of groundwater extraction pursuant to Section
5202.

(d) If the board finds that litigation challenging the formation
of a groundwater sustainability agency prevented its formation
before July 1, 2017, pursuant to paragraph (1) of subdivision (a)
or prevented a groundwater sustainability program from being
implemented in a manner likely to achieve the sustainability goal
pursuant to paragraph (3) begin insert , (4), or (5) end insert of subdivision (a), the board
shall not designate a basin as a probationary basin for a period of
time equal to the delay caused by the litigation.

begin insert

(e) The board shall exclude from probationary status any portion
of a basin for which a groundwater sustainability agency
demonstrates compliance with the sustainability goal.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10735.8 of the end insert begin insert Water Code end insert begin insert , as added by
Assembly Bill 1739 of the 2013- end insert begin insert 14 Regular Session, is amended
to read: end insert

10735.8.  

(a) The board, after notice and a public hearing, may
adopt an interim plan for a probationary basin.

(b) The interim plan shall include all of the following:

(1) Identification of the actions that are necessary to correct a
condition of long-term overdraft or a condition where groundwater
extractions result in significant depletions of interconnected surface
waters, including recommendations for appropriate action by any
person.

(2) A time schedule for the actions to be taken.

(3) A description of the monitoring to be undertaken to
determine effectiveness of the plan.

(c) The interim plan may include the following:

(1) Restrictions on groundwater extraction.

(2) A physical solution.

(3) Principles and guidelines for the administration of rights to
surface waters that are connected to the basin.

(d)  Except as provided in subdivision (e), the interim plan shall
be consistent with water right priorities, subject to Section 2 of
Article X of the California Constitution.

(e)  begin delete Where, in the judgment of the board, end delete begin insert The board shall include
in its interim plan end insert a groundwater sustainability plan, begin delete groundwater
sustainability program, or end delete begin insert or any element of a plan, that the board
finds complies with the sustainability goal for that portion of the
basin or would help meet the sustainability goal for the basin.
Where, in the judgment of the board, end insert an adjudication action can
be relied on as part of the interim plan, either throughout the basin
or in an area within the basin, the board may rely on, or incorporate
elements of, that begin delete plan, program, or end delete adjudication into the interim
plan adopted by the board begin delete or allow local agencies to continue
implementing those parts of a plan or program that the board
determines are adequate end delete .

(f) In carrying out activities that may affect the probationary
basin, state entities shall comply with an interim plan adopted by
the board pursuant to this section unless otherwise directed or
authorized by statute and the state entity shall indicate to the board
in writing the authority for not complying with the interim plan.

(g) (1) After the board adopts an interim plan under this section,
the board shall determine if a groundwater sustainability plan or
an adjudication action is adequate to eliminate the condition of
long-term overdraft or condition where groundwater extractions
result in significant depletions of interconnected surface waters,
upon petition of either of the following:

(A) A groundwater sustainability agency that has adopted a
groundwater sustainability plan for the probationary basin or a
portion thereof.

(B) A person authorized to file the petition by a judicial order
or decree entered in an adjudication action in the probationary
basin.

(2) The board shall act on a petition filed pursuant to paragraph
(1) within 90 days after the petition is complete. If the board, in
consultation with the department, determines that the groundwater
sustainability plan or adjudication action is adequate, the board
shall rescind the interim plan adopted by the board for the
probationary basin, except as provided in paragraphs (3) and (4).

(3) Upon request of the petitioner, the board may amend an
interim plan adopted under this section to eliminate portions of
the interim plan, while allowing other portions of the interim plan
to continue in effect.

(4) The board may decline to rescind an interim plan adopted
pursuant to this section if the board determines that the petitioner
has not provided adequate assurances that the groundwater
sustainability plan or judicial order or decree will be implemented.

(5) This subdivision is not a limitation on the authority of the
board to stay its proceedings under this section or to rescind or
amend an interim plan adopted pursuant to this section based on
the progress made by a groundwater sustainability agency or in
an adjudication action, even if the board cannot make a
determination of adequacy in accordance with paragraph (1).

begin insert

(h) Before January 1, 2025, the state board shall not establish
an interim plan under this section to remedy a condition where
the groundwater extractions result in significant depletions of
interconnected surface waters.

end insert begin delete

(h)

end delete

begin insert (i) end insert  The board’s authority to adopt an interim plan under this
section does not alter the law establishing water rights priorities
or any other authority of the board.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act shall only become operative if both Assembly
Bill 1739 and Senate Bill 1168 of the 2013-14 Regular Session
are enacted and become effective.

end insert

begin delete

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.

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