Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 102


Introduced by Assembly Member Rodriguez

January 8, 2015


An act tobegin delete amend Section 7718 of the Public Utilities Code,end deletebegin insert amend Section 8670.40 of, and to add Article 3.9 (commencing with Section 8574.30) to Chapter 7 of Division 1 of Title 2 of, the Government Code,end insert relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

AB 102, as amended, Rodriguez. Railroadbegin insert and surface transportationend insert safety and emergency planning andbegin delete response.end deletebegin insert response: hazardous materials.end insert

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.

begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Existing law establishes the Office of Emergency Servicesbegin insert within the office of the Governor andend insert 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.begin insert 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 insert

begin delete

This bill would declare the intent of the Legislature to reauthorize the Railroad Accident Prevention and Immediate Deployment Force, to transfer the force from the California Environmental Protection Agency to the Office of Emergency Services, and to require the Office of Emergency Services to designate the force as responsible for providing onsite response capability in the event of a large-scale release of toxic materials resulting from a railroad accident. The bill would make related findings and declarations.

end delete
begin insert

This bill would create the Regional Railroad and Surface Transportation 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 rail car or a railroad accident involving a rail car or a hazardous materials release from a truck accident. This bill would require the office to develop a state regional railroad and surface transportation accident preparedness and immediate response plan, in consultation with specified entities, and would require that 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. The bill would require the Office of Emergency Services to biennially review the training of all emergency response personnel with responsibilities along rail lines and other surface transportation routes to ascertain the level of readiness to respond to an accident and to identify all equipment and response assets available to respond to a spill or discharge of a hazardous material.

end insert
begin insert

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 or surface transportation 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 both the public safety and the environment resulting from a release of hazardous materials and the expense of preparing to respond to those risks. The bill would authorize the director to exempt from the fee a shipment of hazardous materials that meets certain criteria and would 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 rail 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 and Surface Transportation 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 for specified purposes. This bill would limit the amount available for appropriation from the fund to $10,000,000 in any calendar year. For any fee imposed upon persons and corporations owning crude oil or petroleum products that are transported by rail, the bill would provide for an offset of the amount of the fee against the amount of the fee imposed pursuant to the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act.

end insert
begin insert

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 insert
begin insert

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 insert
begin insert

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 insert
begin insert

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

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) Each year, billions of gallons of crude oil, petroleum
4products, and other hazardous materials are transported by
5railroad, truck, or pipeline over, across, under, and through this
6state.

end insert
begin insert

7(b) Recent accidents in other parts of the nation and Canada
8have shown that transportation of hazardous materials can be a
9significant threat to the health and safety of individuals and a
10significant threat to the environment.

end insert
begin insert

11(c) Existing prevention programs in California are not able to
12sufficiently reduce the risk and effects of significant discharges of
13hazardous materials into state waters and onto state lands.

end insert
begin insert

14(d) California’s inland waters, coastal waters, forests, deserts,
15agricultural lands, and other inland areas are treasured
16environmental and economic resources that the state cannot afford
17to place at undue risk from spills of hazardous materials.

end insert
begin insert

18(e) An emphasis must be placed on prevention and response if
19the risk and consequences of hazardous materials spills are to be
20minimized. Existing cleanup and response measures must be
21strengthened and improved to increase safety for individuals and
22the environment.

end insert
begin insert

23(f) Improvements in the design, construction, and operation of
24rail tank cars, tank trucks, tank ships, terminals, trucks, truck tank
25cars, and other surface transportation methods and pipelines,
26maintenance of emergency response stations and personnel, and
27stronger inspection and enforcement efforts are necessary to reduce
28the risks of, and from, a major hazardous materials spill.

end insert
begin insert

29(g) A major spill of hazardous materials in state waters and on
30state lands is extremely expensive because of the need to clean up
31the discharged material, protect sensitive environmental areas,
32and restore ecosystem damage.

end insert
begin insert

33(h) Immediate action must be taken to improve control and
34cleanup technology in order to strengthen the capabilities and
35capacities of cleanup operations.

end insert
begin insert

P5    1(i) Government should improve its response and management
2of hazardous materials spills that occur in California.

end insert
begin insert

3(j) Those who transport hazardous materials in the state must
4meet minimum safety standards and must demonstrate financial
5responsibility.

end insert
begin insert

6(k) California has approximately 158,500 square miles of
7interior area where there are approximately 6,800 miles of pipeline
8used for oil distribution, 5,800 miles of class I railroad track, and
9172,100 miles of maintained roads.

end insert
begin insert

10(l) Having an immediate response system in place to respond
11to a spill of hazardous materials by surface transportation will
12reduce the effects and costs of that spill.

end insert
begin insert

13(m) Establishing a fee on hazardous materials being transported
14in California based upon toxicity and risk places the appropriate
15financial responsibility on the owners of those hazardous materials
16for a response to spills or releases of those materials.

end insert
begin insert

17(n) Implementation of the Railroad Accident Prevention and
18Immediate Deployment Force will save owners and transporters
19of hazardous materials significant costs by mitigating the effects
20of spills or releases.

end insert
21begin insert

begin insertSEC.end insertbegin insert 2.end insert  

end insert

begin insertArticle 3.9 (commencing with Section 8574.30) is added
22to Chapter 7 of Division 1 of Title 2 of the end insert
begin insertGovernment Codeend insertbegin insert, to
23read:end insert

begin insert

24 

25Article begin insert3.9.end insert  Regional Railroad and Surface Transportation
26Accident Preparedness and Immediate Response
27

 

28

begin insert8574.30.end insert  

For purposes of this article, the following terms have
29the following meanings:

30(a) “Board” means the State Board of Equalization.

31(b) “Director” means the Director of Emergency Services.

32(c) “Fund” means the Regional Railroad and Surface
33Transportation Accident Preparedness and Immediate Response
34Fund established pursuant to Section 8574.44.

35(d) “Hazardous material” means a material that the United
36States Department of Transportation has designated as a hazardous
37material for purposes of transportation in Part 172 of Title 49 of
38the Code of Federal Regulations.

39(e) “Owner” means the person who has the ultimate control
40over, and the right to use or sell, the hazardous material being
P6    1shipped. There is a rebuttable presumption that the shipper,
2consignor, or consignee of the hazardous material is the owner of
3the hazardous material. This presumption may be overcome by
4showing that ownership of the hazardous material rests with
5someone other than the shipper, consignor, or consignee. Evidence
6to rebut the presumption may include, but is not limited to,
7documentation, including a bill of lading, shipping document, bill
8of sale, or other medium, that shows the ownership of the
9hazardous material rests in a person other than the shipper,
10consignor, or consignee.

11(f) “Person” means an individual, trust, firm, joint stock
12company, business entity, corporation, including, but not limited
13to, a government corporation, partnership, limited liability
14 company, and association. “Person” also includes any city, county,
15city and county, district, commission, the state or any department,
16agency, or political subdivision thereof, and the federal government
17and its agencies and instrumentalities, to the extent permitted by
18law.

19(g) “Railroad” has the same meaning as defined in Section 229
20of the Public Utilities Code.

21(h) “Rail car” means a railroad car or rolling stock designed
22to transport hazardous material commodities, and includes, but
23is not limited to, those railroad cars subject to the requirements
24of Part 179 (commencing with Section 179.1) of Title 49 of the
25Code of Federal Regulations, or successor regulations adopted
26by the United States Department of Transportation.

27(i) “Surface transportation” means any mode of transportation
28that utilizes the public streets, highways, and roads. “Surface
29transportation” does not include pipelines subject to the fee
30assessed pursuant to Section 51019 of the Government Code or
31any natural gas pipeline.

32

begin insert8574.32.end insert  

(a) The director shall establish a schedule of fees to
33determine the amount of a fee that shall be paid by each person
34owning hazardous materials that are transported by rail or surface
35transportation in California in an amount sufficient to fund the
36appropriation from the fund pursuant to Section 8574.44, to
37reimburse the California High-Cost Fund-B Administrative
38Committee Fund for any moneys loaned, and to maintain a reserve
39for operating costs. The fee shall be based on each loaded rail car
40or truck as described in subdivision (b).

P7    1(b) (1) Within six months of the director establishing a schedule
2of fees pursuant to subdivision (a), the fee shall be imposed on a
3person owning hazardous material at the time that hazardous
4material is transported by loaded rail car or truck. The fee is based
5on each loaded rail car or truck.

6(A) If the loaded rail car or truck enters the state from outside
7this state, the fee is imposed on the owner of the hazardous material
8at the time the loaded rail car or truck enters this state. The
9railroad or owner of the truck shall collect the fee from the owner
10of the hazardous material and shall pay the fee to the board. The
11director may authorize the railroad or owner of a truck to collect
12a reasonable amount to cover the processing and payment of fees
13made pursuant to this article from the owner of hazardous
14materials being transported.

15(B) If the rail car or truck is loaded within this state, the fee is
16imposed upon the loading of hazardous material into or onto the
17rail car or truck for transport in or through this state. The railroad
18or owner of the truck shall collect the fee from the owner of the
19hazardous material at the time the rail car or truck is loaded and
20shall pay the fee to the board.

21(2) The fee shall be paid to the board by the railroad or owner
22of the truck at the time the return is required to be filed, as
23specified in Section 8574.38, based on the number of loaded
24hazardous material rail cars or trucks transported within the state.

25(3) Any fee collected from an owner of hazardous materials
26pursuant to this section that have not been remitted to the board
27shall be deemed a debt owed to the state by the person required
28to collect and remit the fee.

29(4) The owner of the hazardous material is liable for the fee
30until it has been paid to the board, except that payment to a
31railroad or to the owner of a truck registered under this article is
32sufficient to relieve the owner of the hazardous material from
33further liability for the fee.

34(5) Any owner of hazardous materials, railroad, or owner of a
35truck who has paid the fee pursuant to this section shall not be
36assessed any additional fee under this section for further
37transporting the same hazardous materials in the same rail cars
38on a different railroad within the state.

39(c) The fee shall be fair, as required by Section 5125(f) of Title
4049 of the United States Code and Section 107.202(c) of Title 49
P8    1of the Code of Federal Regulations. It is the intent of the
2Legislature that the fee reflect the proportionate risks to both the
3public safety and the environment resulting from a release of
4hazardous materials and the expense of preparing to respond to
5those risks. The director may establish a separate fee schedule for
6hazardous materials transported by railroad and a separate fee
7 schedule for hazardous materials transported by truck. The director
8may exempt from the fee those shipments of hazardous materials
9that do not merit inclusion in the state regional railroad and
10surface transportation accident preparedness and immediate
11response plan developed pursuant to Section 8574.46 and those
12shipments of hazardous materials that do not merit additional
13governmental preparation to respond to their release in the event
14of a railroad or surface transportation accident.

15(d) The fee shall not result in the collection of moneys that
16exceed the reasonable regulatory costs to the state for the purposes
17specified in subdivision (e) of Section 8574.44. The director shall
18set the fee consistent with Section 3 of Article XIII A of the
19California Constitution.

20(e) The director shall be responsible for reporting fee
21information to the federal Secretary of Transportation pursuant
22to Section 5125(f)(2) of Title 49 of the United States Code.

23(f) The director may authorize payments of fees through
24contributions in kind of equipment, materials, or services. The
25director may authorize payment of fees or a set off of fees for
26owners or transporters of hazardous materials that contract with
27the Office of Emergency Services to provide equipment, materials,
28supplies, or services to be provided in responding to a release of
29hazardous materials.

30

begin insert8574.34.end insert  

Every person who operates a railroad that transports
31hazardous materials by rail car shall register with the board
32pursuant to Section 55021 of the Revenue and Taxation Code.

33

begin insert8574.36.end insert  

The fee imposed pursuant to Section 8574.32 shall
34be administered and collected by the board in accordance with
35the Fee Collection Procedures Law (Part 30 (commencing with
36Section 55001) of Division 2 of the Revenue and Taxation Code).
37For purposes of this section, the references in the Fee Collection
38Procedures Law to “fee” shall include the fee imposed by this
39article, and references to “feepayer” shall include a person
40required to pay the fee imposed by this article.

P9    1

begin insert8574.38.end insert  

The return required to be filed pursuant to Section
255040 of the Revenue and Taxation Code shall be prepared and
3filed by the person required to register with the board, in the form
4prescribed by the board, and shall contain that information the
5board deems necessary or appropriate for the proper
6administration of this article and the Fee Collection Procedures
7Law. The return shall be filed on or before the last day of the
8calendar month following the calendar quarter to which it relates,
9together with a remittance payable to the board for the fee amount
10due for that period. Returns shall be authenticated in a form of,
11or pursuant to, methods as may be prescribed by the board.

12

begin insert8574.40.end insert  

Notwithstanding the petition for redetermination and
13claim for refund provisions of the Fee Collection Procedures Law
14(Article 3 (commencing with Section 55081) of Chapter 3 of, and
15Article 1 (commencing with Section 55221) of Chapter 5 of, Part
1630 of Division 2 of the Revenue and Taxation Code), the board
17shall not:

18(a) Accept or consider a petition for redetermination of fees
19determined under this article if the petition is founded upon the
20grounds that the rail car or truck content is or is not a hazardous
21material. The board shall forward to the director any appeal of a
22determination that is based on the grounds that the rail car or
23truck content is or is not a hazardous material.

24(b) Accept or consider a claim for refund of fees paid pursuant
25to this chapter if the claim is founded upon the grounds that the
26rail car or truck content is or is not a hazardous material. The
27board shall forward to the director any claim for refund that is
28based on the grounds that the rail car or truck content is or is not
29a hazardous material.

30

begin insert8574.42.end insert  

(a) The board may prescribe, adopt, and enforce
31regulations relating to the administration and enforcement of this
32article.

33(b) The board may prescribe, adopt, and enforce any emergency
34regulations, as necessary, to implement this article. Except as
35provided in Section 8574.44, any emergency regulation prescribed,
36adopted, or enforced pursuant to this article shall be adopted
37pursuant to Chapter 3.5 (commencing with Section 11340) of Part
381 of Division 3 in Title 2 and, for purposes of that article, including
39Section 11349.6, the adoption of the regulation is an emergency
40and shall be considered by the Office of Administrative Law as
P10   1necessary for the immediate preservation of the public peace,
2health and safety, and general welfare.

3

begin insert8574.44.end insert  

(a) The Regional Railroad and Surface
4Transportation Accident Preparedness and Immediate Response
5Fund is hereby created in the State Treasury.

6(b) All revenues, interest, penalties, and other amounts collected
7pursuant to this article shall be deposited into the fund, less refunds
8and reimbursement to the board for expenses incurred in the
9administration and collection of the fee.

10(c) The adoption of regulations pursuant to this section shall
11be considered by the Office of Administrative Law as an emergency
12and necessary for the immediate preservation of the public peace,
13health and safety, and general welfare. Notwithstanding Chapter
143.5 (commencing with Section 11340) of Part 1 of Division 3 in
15Title 2 emergency regulations adopted by the director and the
16board pursuant to this section shall be filed with, but not repealed
17by, the Office of Administrative Law and shall remain in effect
18until revised or repealed by the director.

19(d) The fund shall be used to reimburse the California High-Cost
20Fund-B Administrative Committee Fund for any moneys loaned
21from the California High-Cost Fund-B Administrative Committee
22Fund to the fund to pay for the Office of Emergency Service’s
23administrative costs associated with implementation of the fee
24pursuant to this article.

25(e) All moneys remaining in the fund after reimbursement of
26the California High-Cost Fund-B Administrative Committee Fund
27pursuant to subdivision (d) shall, upon appropriation by the
28Legislature, be used by the director to pay for the following
29purposes related to the transportation of hazardous materials:

30(1) Planning, developing, and maintaining a capability for
31large-scale hazardous materials releases emergency response
32relating to railroad accidents involving rail cars carrying
33hazardous materials, including the risks of explosions and fires.

34(2) Planning, developing, and maintaining a capability for
35large-scale hazardous materials releases emergency response
36relating to releases of hazardous materials from rail cars and
37trucks, including reducing the harmful effects of exposure of those
38materials to humans and the environment.

39(3) Creation, support, maintenance, and implementation of the
40Regional Railroad and Surface Transportation Accident
P11   1Preparedness and Immediate Response Force created by Section
28574.46.

3(4) Acquisition and maintenance of specialized equipment and
4supplies used to respond to a hazardous materials release from a
5rail car or a railroad accident involving a rail car or a hazardous
6materials release from a truck accident.

7(5) Support of specialized regional training facilities to prepare
8for and respond to a hazardous materials release from a rail car
9or a railroad accident involving a rail car.

10(6) Creation and support of a regional, state and local
11emergency response team to provide immediate onsite response
12capabilities in the event of large-scale releases of hazardous
13materials from a rail car or a railroad accident involving a rail
14car or a hazardous materials release from a truck accident.

15(7) Support for specialized training for state and local
16emergency response officials in techniques for prevention of, and
17 response to, release of hazardous materials from a rail car or a
18railroad accident involving a rail car or a hazardous materials
19release from a truck accident.

20(8) Support for the Office of Emergency Service’s biennial
21review performed pursuant to Section 8574.47 and to provide the
22training, personnel, and equipment necessary to fill the gaps in
23preparedness identified by the office pursuant to that biennial
24review.

25(f) The amount available for appropriation from the fund shall
26not exceed ten million dollars ($10,000,000) in any calendar year.

27

begin insert8574.46.end insert  

(a) The Regional Railroad and Surface
28Transportation Accident Preparedness and Immediate Response
29Force is hereby created in the Office of Emergency Services. The
30force shall be responsible for providing regional and onsite
31response capabilities in the event of a release of hazardous
32materials from a rail car, or a railroad accident involving a rail
33car or a hazardous materials release from a truck accident, and
34for implementing the state regional railroad and surface
35transportation accident preparedness and immediate response
36plan for releases of hazardous materials from a rail car or a
37railroad accident involving a rail car or a hazardous materials
38release from a truck accident. This force shall act cooperatively
39and in concert with existing local emergency response units
P12   1pursuant to Article 9.5 (commencing with Section 8607). The force
2shall consist of representatives of all of the following:

3(1) Department of Fish and Wildlife.

4(2) California Environmental Protection Agency.

5(3) State Air Resources Board.

6(4) Department of Resources Recycling and Recovery.

7(5) California regional water quality control boards.

8(6) Department of Toxic Substances Control.

9(7) Department of Pesticide Regulation.

10(8) Office of Environmental Health Hazard Assessment.

11(9) State Department of Public Health.

12(10) Department of the California Highway Patrol.

13(11) Department of Food and Agriculture.

14(12) Department of Forestry and Fire Protection.

15(13) Department of Parks and Recreation.

16(14) Public Utilities Commission.

17(15) State Fire Marshal.

18(16) Emergency Medical Services Authority.

19(17) California National Guard.

20(18) Any other potentially affected state, local, or federal
21agency, as determined by the director.

22(b) The Office of Emergency Services shall develop a state
23regional railroad and surface transportation accident preparedness
24and immediate response plan in cooperation with all of the entities
25listed in paragraphs (1) to (18), inclusive, of subdivision (a) and
26the plan shall become an annex to the state emergency plan.

27(c) (1) The Legislature finds and declares that the state has a
28comprehensive program through the Office of Spill Prevention
29and Response to prevent and prepare for the risk of a significant
30discharge of petroleum into state waters, including a discharge
31caused by the transportation of petroleum by rail. The Legislature
32further finds and declares that the Regional Railroad and Surface
33Transportation Accident Preparedness and Immediate Response
34Force is focused on the emergency response for railroad accidents
35and rail car discharges and truck accidents and truck discharges
36involving all designated hazardous materials regardless of where
37the accident or discharge takes place.

38(2) The Regional Railroad and Surface Transportation Accident
39Preparedness and Immediate Response Force and Office of Spill
40Prevention and Response shall coordinate in their respective
P13   1authorities and responsibilities pursuant to Article 9.5
2(commencing with Section 8607), to avoid any duplication of effort,
3ensure cooperation, and promote the sharing of information
4regarding the risk of discharge of petroleum by rail into state
5waters.

6

begin insert8574.47.end insert  

The Office of Emergency Services shall biennially
7review the training of all emergency response personnel with
8responsibilities along rail lines and other surface transportation
9routes to ascertain the level of readiness to respond to an accident
10involving hazardous materials. As part of this review, the office
11shall identify all equipment and response assets available to
12respond to a spill or discharge of hazardous materials along those
13routes. This assessment shall include the assets and personnel of
14all private and public entities that have agreed to respond to a
15spill of hazardous materials as part of the response team. The
16Office of Emergency Services shall determine where there are
17gaps in the ability to respond to spills of hazardous materials in
18California and specify what is required to continue funding the
19 training and response teams to close those gaps.

end insert
20begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8670.40 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert

22

8670.40.  

(a) The State Board of Equalization shall collect a
23fee in an amount determined by the administrator to be sufficient
24to pay the reasonable regulatory costs to carry out the purposes
25set forth in subdivision (e), and a reasonable reserve for
26contingencies. The annual assessment shall not exceed six and
27one-half cents ($0.065) per barrel of crude oil or petroleum
28products. The oil spill prevention and administration fee shall be
29based on each barrel of crude oil or petroleum products, as
30described in subdivision (b).

31(b) (1) The oil spill prevention and administration fee shall be
32imposed upon a person owning crude oil at the time that the crude
33oil is received at a marine terminal, by any mode of delivery that
34passed over, across, under, or through waters of the state, from
35within or outside the state, and upon a person who owns petroleum
36products at the time that those petroleum products are received at
37a marine terminal, by any mode of delivery that passed over, across,
38under, or through waters of the state, from outside this state. The
39fee shall be collected by the marine terminal operator from the
P14   1owner of the crude oil or petroleum products for each barrel of
2crude oil or petroleum products received.

3(2) The oil spill prevention and administration fee shall be
4imposed upon a person owning crude oil or petroleum products at
5the time that the crude oil or petroleum products are received at a
6refinery within the state by any mode of delivery that passed over,
7across, under, or through waters of the state, whether from within
8or outside the state. The refinery shall collect the fee from the
9owner of the crude oil or petroleum products for each barrel
10received.

11(3) (A) There is a rebuttable presumption that crude oil or
12petroleum products received at a marine terminal or a refinery
13have passed over, across, under, or through waters of the state.
14This presumption may be overcome by a marine terminal operator,
15refinery operator, or owner of the crude oil or petroleum products
16by showing that the crude oil or petroleum products did not pass
17over, across, under, or through waters of the state. Evidence to
18rebut the presumption may include, but shall not be limited to,
19documentation, including shipping documents, bills of lading,
20highway maps, rail maps, transportation maps, related
21transportation receipts, or another medium that shows the crude
22oil or petroleum products did not pass over, across, under, or
23through waters of the state.

24(B) Notwithstanding the petition for redetermination and claim
25for refund provisions of the Oil Spill Response, Prevention, and
26Administration Fees Law (Part 24 (commencing with Section
2746001) of Division 2 of the Revenue and Taxation Code), the State
28Board of Equalization shall not do either of the following:

29(i) Accept or consider a petition for redetermination of fees
30determined pursuant to this section if the petition is founded upon
31the grounds that the crude oil or petroleum products did or did not
32pass over, across, under, or through waters of the state.

33(ii) Accept or consider a claim for a refund of fees paid pursuant
34to this section if the claim is founded upon the grounds that the
35crude oil or petroleum products did or did not pass over, across,
36under, or through waters of the state.

37(C) The State Board of Equalization shall forward to the
38administrator an appeal of a redetermination or a claim for a refund
39of fees that is based on the grounds that the crude oil or petroleum
P15   1products did or did not pass over, across, under, or through waters
2of the state.

3(4) The fees shall be remitted to the State Board of Equalization
4by the owner of the crude oil or petroleum products, the refinery
5operator, or the marine terminal operator on the 25th day of the
6month based upon the number of barrels of crude oil or petroleum
7products received at a refinery or marine terminal during the
8preceding month. A fee shall not be imposed pursuant to this
9section with respect to crude oil or petroleum products if the person
10who would be liable for that fee, or responsible for its collection,
11establishes that the fee has already been collected by a refinery or
12marine terminal operator registered under this chapter or paid to
13the State Board of Equalization with respect to the crude oil or
14petroleum product.

15(5) The oil spill prevention and administration fee shall not be
16collected by a marine terminal operator or refinery operator or
17imposed on the owner of crude oil or petroleum products if the fee
18has been previously collected or paid on the crude oil or petroleum
19products at another marine terminal or refinery. It shall be the
20obligation of the marine terminal operator, refinery operator, or
21owner of crude oil or petroleum products to demonstrate that the
22fee has already been paid on the same crude oil or petroleum
23products.

24(6) An owner of crude oil or petroleum products is liable for
25the fee until it has been paid to the State Board of Equalization,
26except thatbegin insert (A)end insert payment to a refinery operator or marine terminal
27operator registered under this chapter is sufficient to relieve the
28owner from further liability for thebegin delete fee.end deletebegin insert fee and (B) an owner of
29crude oil or petroleum products that are transported by rail who
30pays fees imposed pursuant to Section 8574.32 shall be entitled
31to offset the amount of those fees against the amount of the fee
32imposed pursuant to this section.end insert

33(7) On or before January 20, the administrator shall annually
34prepare a plan that projects revenues and expenses over three fiscal
35years, including the current year. Based on the plan, the
36administrator shall set the fee so that projected revenues, including
37any interest and inflation, are equivalent to expenses as reflected
38in the current Budget Act and in the proposed budget submitted
39by the Governor. In setting the fee, the administrator may allow
40for a surplus if the administrator finds that revenues will be
P16   1exhausted during the period covered by the plan or that the surplus
2is necessary to cover possible contingencies. The administrator
3shall notify the State Board of Equalization of the adjusted fee
4rate, which shall be rounded to no more than four decimal places,
5to be effective the first day of the month beginning not less than
630 days from the date of the notification.

7(c) The moneys collected pursuant to subdivision (a) shall be
8deposited into the fund.

9(d) The State Board of Equalization shall collect the fee and
10adopt regulations for implementing the fee collection program.

11(e) The fee described in this section shall be collected solely
12for all of the following purposes:

13(1) To implement oil spill prevention programs through rules,
14regulations, leasing policies, guidelines, and inspections and to
15implement research into prevention and control technology.

16(2) To carry out studies that may lead to improved oil spill
17prevention and response.

18(3) To finance environmental and economic studies relating to
19the effects of oil spills.

20(4) To implement, install, and maintain emergency programs,
21equipment, and facilities to respond to, contain, and clean up oil
22spills and to ensure that those operations will be carried out as
23intended.

24(5) To reimburse the State Board of Equalization for its
25reasonable costs incurred to implement this chapter and to carry
26out Part 24 (commencing with Section 46001) of Division 2 of the
27Revenue and Taxation Code.

28(6) To fund the Oiled Wildlife Care Network pursuant to Section
298670.40.5.

30(f) The moneys deposited in the fund shall not be used for
31responding to a spill.

32(g) The moneys deposited in the fund shall not be used to
33provide a loan to any other fund.

34(h) Every person who operates a refinery, a marine terminal in
35waters of the state, or a pipeline shall register with the State Board
36of Equalization, pursuant to Section 46101 of the Revenue and
37Taxation Code.

38(i) The amendments to this section enacted in Senate Bill 861
39of the 2013-14 Regular Session shall become operative 90 days
P17   1after the effective date of Senate Bill 861 of 2013-14 Regular
2Session.

3begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

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

end insert
begin delete
12

SECTION 1.  

(a) The Legislature finds and declares the
13following:

14(1) Existing law establishes the Railroad Accident Prevention
15and Immediate Deployment Force in the California Environmental
16Protection Agency. The force is responsible for providing
17immediate onsite response capability in the event of a large-scale
18release of toxic materials resulting from a surface transportation
19accident.

20(2) Existing law requires the agency to develop a state railroad
21accident prevention and immediate deployment plan, in
22consultation with specified state entities, and other potentially
23affected state, local, or federal agencies. The force is responsible
24for implementing the plan and is required to act cooperatively and
25in concert with existing local emergency response units.

26(3) Authority and funding for the Railroad Accident Prevention
27and Immediate Deployment Force program has lapsed, leaving a
28gap in the state’s ability to respond to spills of toxic and hazardous
29materials.

30(4) Existing law establishes the Office of Emergency Services
31under the supervision of the Director of Emergency Services. The
32office is responsible for the state’s emergency and disaster response
33services for natural, technological, or manmade disasters and
34emergencies.

35(b) It is the intent of the Legislature to reauthorize the Railroad
36Accident Prevention and Immediate Deployment Force and transfer
37it from the California Environmental Protection Agency to the
38Office of Emergency Services. It is further the intent of the
39Legislature to require the Office of Emergency Services to
40designate the force as responsible for providing onsite response
P18   1capability in the event of a large-scale release of toxic materials
2resulting from a railroad accident.

3

SEC. 2.  

Section 7718 of the Public Utilities Code is amended
4to read:

5

7718.  

(a) The Railroad Accident Prevention and Immediate
6Deployment Force is hereby created in the California
7Environmental Protection Agency. The force shall be responsible
8for providing immediate onsite response capability in the event of
9large-scale releases of toxic materials resulting from surface
10transportation accidents and for implementing the state hazardous
11materials incident prevention and immediate deployment plan.
12The force shall act cooperatively and in concert with existing local
13emergency response units. The force shall consist of representatives
14of all of the following:

15(1) Department of Fish and Wildlife.

16(2) California Environmental Protection Agency.

17(3) State Air Resources Board.

18(4) Department of Resources Recycling and Recovery.

19(5) California regional water quality control boards.

20(6) Department of Toxic Substances Control.

21(7) Department of Pesticide Regulation.

22(8) Office of Environmental Health Hazard Assessment.

23(9) State Department of Public Health.

24(10) Department of the California Highway Patrol.

25(11) Department of Food and Agriculture.

26(12) Department of Forestry and Fire Protection.

27(13) Department of Parks and Recreation.

28(14) Public Utilities Commission.

29(15) Any other potentially affected state, local, or federal agency.

30(16) Office of Emergency Services.

31(b) The California Environmental Protection Agency shall
32develop a state railroad accident prevention and immediate
33deployment plan in cooperation with the State Fire Marshal,
34affected businesses, and all of the entities listed in paragraphs (1)
35to (16), inclusive, of subdivision (a).

36(c) The plan specified in subdivision (b) shall be a
37comprehensive set of policies and directions that every potentially
38affected state agency and business shall follow if there is a railroad
39accident to minimize the potential damage to the public health and
P19   1safety, property, and the environment that might result from
2accidents involving railroad activities in the state.

end delete


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