BILL NUMBER: SB 1319	AMENDED
	BILL TEXT

	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

INTRODUCED BY    Senators   Hill, 
   Wolk,   
 and Pavley   Senator   Pavley 
    (   Coauthor:   Assembly Member  
Nestande   ) 

                        FEBRUARY 21, 2014

    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.   An
act to amend Sections 10735.2 and 10735.8 of the Water Code relating
to groundwater. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1319, as amended,  Hill  Pavley. 
Hazardous materials: railroad tank cars.   Groundwater.
 
   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.  
   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.  
   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.  
   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.  
   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. 
   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.  
   This bill would make its operation contingent on the enactment of
AB 1739 and SB 1168 of the 2013-14 Regular Session.  
   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.
   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 10735.2 of the   Water
Code   , as added by Assembly Bill 1739 of the 2013- 
 14 Regular Session, is amended to read: 
   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)  After   The basin is subject to
paragraph (1) of subdivision (a) of Section 10720.7 and after 
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  after January 31, 2022, both 
 either  of the following have occurred: 
   (A) After January 31, 2022, both of the following have occurred:
 
   (A) 
    (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. 
   (B) 
    (ii)  The board determines that the basin is in a
condition of long-term overdraft  or in a condition where
groundwater extractions result in significant depletions of
interconnected surface waters  . 
   (B) After January 31, 2025, both of the following have occurred:
 
   (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.  
   (ii) The board determines that the basin is in a condition where
groundwater extractions result in significant depletions of
interconnected surface waters. 
   (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)  , (4)   , or (5)  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.

   (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. 
   SEC. 2.    Section 10735.8 of the   Water
Code   , as added by Assembly Bill 1739 of the 2013- 
 14 Regular Session, is amended to read: 
   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)  Where, in the judgment of the board,  
The   board shall include in its interim plan  a
groundwater sustainability plan,  groundwater sustainability
program, or   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,  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  plan, 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  .
   (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). 
   (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.  
   (h) 
    (i)  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.
   SEC. 3.   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.  
  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.