Amended in Senate June 9, 2015

Amended in Assembly April 30, 2015

Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 864

Introduced by Assembly Member Williams

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(Principal coauthor: Senator Jackson)

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February 26, 2015

begin delete An act to add and repeal Section 44002.1 of the Public Resources Code, relating to solid waste. end delete begin insert An act to amend Sections 8670.28.5 and 8670.29 of the Government Code, relating to oil spill response. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 864, as amended, Williams. begin delete Solid waste facilities: temporary permits. end delete begin insert Oil spill response: environmentally and ecologically sensitive areas. end insert

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The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act requires owners or operators of various facilities, including pipelines, while operating in the waters of the state or where a spill from the pipelines could impact state waters, to have an oil spill contingency plan submitted to, and approved by, the administrator for oil spill response to ensure prompt and adequate response and removal action in case of a spill. The act requires the operator to maintain a level of readiness that will allow effective implementation of the applicable contingency plan.

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This bill would require the operators of pipelines in environmentally and ecologically sensitive areas of state waters or along the coasts of those areas to use the best available technologies to reduce the amount of oil released in an oil spill to protect the state waters and wildlife, and to include a description of the use of those technologies in their oil spill contingency plans.

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(1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, prohibits a person from operating a solid waste facility without a solid waste facilities permit if that facility is required to have a permit pursuant to the act. The enforcement agency is required to immediately issue a cease and desist order ordering a solid waste facility that is operating without a permit to immediately cease operations and to direct the owner or operator of the facility to obtain a permit.

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This bill would require, until January 1, 2025, the department to adopt regulations to authorize an enforcement agency, upon the department’s approval, to issue a temporary solid waste facilities permit to a person carrying out solid waste operations at a facility that is required under the act to have a solid waste facilities permit, but for which a permit has not been obtained. The bill would require the regulations to direct any person desiring to obtain a temporary solid waste facilities permit to submit an application to the enforcement agency no later than 60 days from the date it is determined by the enforcement agency that a permit is required. The bill would require the owner or operator of a facility covered under a temporary permit to agree to inspections, at least monthly, by the enforcement agency.

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The bill would require a local enforcement agency to notify the operators of all facilities within its jurisdiction of the availability of temporary solid waste facilities permits, thereby imposing a state-mandated local program by imposing new duties upon local enforcement agencies. The bill would also require the department to review and act on a proposed temporary solid waste facilities permit submitted by an enforcement agency within 30 days of that submission.

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(2) 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.

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

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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:

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begin insert SECTION 1. end insert   

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begin insert Section 8670.28.5 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.28.5.  

begin insert (a) end insert begin insert   end insert An operator shall maintain a level of readiness
that will allow effective implementation of the applicable
contingency plans.

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(b) An operator of a pipeline in environmentally and
ecologically sensitive areas of state waters and along the coasts
of those areas shall use best available technology, including, but
not limited to, the installation of automatic shutoff valves or remote
controlled sectionalized block valves, or both of those types of
valves, to reduce the amount of oil released in an oil spill to protect
state waters and wildlife.

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begin insert SEC. 2. end insert   

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begin insert Section 8670.29 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.29.  

(a) In accordance with the rules, regulations, and
policies established by the administrator pursuant to Section
8670.28, an owner or operator of a facility, small marine fueling
facility, or mobile transfer unit, or an owner or operator of a tank
vessel, nontank vessel, or vessel carrying oil as secondary cargo,
while operating in the waters of the state or where a spill could
impact waters of the state, shall have an oil spill contingency plan
that has been submitted to, and approved by, the administrator
pursuant to Section 8670.31. An oil spill contingency plan shall
ensure the undertaking of prompt and adequate response and
removal action in case of a spill, shall be consistent with the
California oil spill contingency plan, and shall not conflict with
the National Oil and Hazardous Substances Pollution Contingency
Plan (NCP).

(b) An oil spill contingency plan shall, at a minimum, meet all
of the following requirements:

(1) Be a written document, reviewed for feasibility and
executability, and signed by the owner or operator, or his or her
designee.

(2) Provide for the use of an incident command system to be
used during a spill.

(3) Provide procedures for reporting oil spills to local, state,
and federal agencies, and include a list of contacts to call in the
event of a drill, threatened spill, or spill.

(4) Describe the communication plans to be used during a spill,
if different from those used by a recognized incident command
system.

(5) Describe the strategies for the protection of environmentally
sensitive areas.

(6) Identify at least one rated OSRO for each rating level
established pursuant to Section 8670.30. Each identified rated
OSRO shall be directly responsible by contract, agreement, or
other approved means to provide oil spill response activities
pursuant to the oil spill contingency plan. A rated OSRO may
provide oil spill response activities individually, or in combination
with another rated OSRO, for a particular owner or operator.

(7) Identify a qualified individual.

(8) Provide the name, address, and telephone and facsimile
numbers for an agent for service of process, located within the
state and designated to receive legal documents on behalf of the
owner or operator.

(9) Provide for training and drills on elements of the plan at
least annually, with all elements of the plan subject to a drill at
least once every three years.

(c) An oil spill contingency plan for a vessel shall also include,
but is not limited to, all of the following requirements:

(1) The plan shall be submitted to the administrator at least
seven days prior to the vessel entering waters of the state.

(2) The plan shall provide evidence of compliance with the
International Safety Management Code, established by the
International Maritime Organization, as applicable.

(3) If the oil spill contingency plan is for a tank vessel, the plan
shall include both of the following:

(A) The plan shall specify oil and petroleum cargo capacity.

(B) The plan shall specify the types of oil and petroleum cargo
carried.

(4) If the oil spill contingency plan is for a nontank vessel, the
plan shall include both of the following:

(A) The plan shall specify the type and total amount of fuel
carried.

(B) The plan shall specify the capacity of the largest fuel tank.

(d) An oil spill contingency plan for a facility shall also include,
but is not limited to, all of the following provisions, as appropriate:

(1) Provisions for site security and control.

(2) Provisions for emergency medical treatment and first aid.

(3) Provisions for safety training, as required by state and federal
safety laws for all personnel likely to be engaged in oil spill
response.

(4) Provisions detailing site layout and locations of
environmentally sensitive areas requiring special protection.

(5) Provisions for vessels that are in the operational control of
the facility for loading and unloading.

(e) Unless preempted by federal law or regulations, an oil spill
contingency plan for a railroad also shall include, but is not limited
to, all of the following:

(1) A list of the types of train cars that may make up the consist.

(2) A list of the types of oil and petroleum products that may
be transported.

(3) A map of track routes and facilities.

(4) A list, description, and map of any prestaged spill response
equipment and personnel for deployment of the equipment.

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(f) An oil spill contingency plan for a pipeline in environmentally
and ecologically sensitive areas of state waters or along the coasts
of those areas shall include a description of how the operators are
using the best available technology, including, but not limited to,
installation of automatic shutoff valves or remote controlled
sectionalized block valves, or both of those types of valves, to
reduce the amount of oil released in an oil spill to protect state
waters and wildlife.

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(f)

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begin insert (g) end insert  The oil spill contingency plan shall be available to response
personnel and to relevant state and federal agencies for inspection
and review.

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(g)

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begin insert (h) end insert  The oil spill contingency plan shall be reviewed periodically
and updated as necessary. All updates shall be submitted to the
administrator pursuant to this article.

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(h)

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begin insert (i) end insert  In addition to the regulations adopted pursuant to Section
8670.28, the administrator shall adopt regulations and guidelines
to implement this section. The regulations and guidelines shall
provide for the best achievable protection of waters and natural
resources of the state. The administrator may establish additional
oil spill contingency plan requirements, including, but not limited
to, requirements based on the different geographic regions of the
state. All regulations and guidelines shall be developed in
consultation with the Oil Spill Technical Advisory Committee.

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(i)

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begin insert (j) end insert  Notwithstanding subdivision (a) and paragraph (6) of
subdivision (b), a vessel or facility operating where a spill could
impact state waters that are not tidally influenced shall identify a
rated OSRO in the contingency plan no later than January 1, 2016.

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SECTION 1.  

Section 44002.1 is added to the Public Resources
Code, to read:

44002.1.  

(a) The Legislature finds and declares all of the
following:

(1) The swift advance of new trends in solid waste handling and
collection practices, such as single-stream collection of recyclable
materials, including, but not limited to, carpet, mattresses, and
other materials, has resulted in the regulations adopted by the
department that govern solid waste facilities not keeping pace with
those trends, leading to the failure to comply with existing law by
a substantial number of persons carrying out solid waste handling
activities.

(2) As cities and counties make greater efforts to increase the
diversion of solid waste from landfills, the department anticipates
that many new recycling and solid waste handling activities will
commence in California in the next decades.

(3) To address these trends, it is necessary to provide a
temporary permitting scheme to enable the operators of existing
solid waste facilities to obtain temporary permits more quickly
than is possible under existing law, in order to protect the public
health and safety, and the environment.

(b) The department shall adopt regulations pursuant to
subdivision (d) to authorize an enforcement agency, upon the
department’s approval, to issue a temporary solid waste facilities
permit to a person operating a solid waste facility that is required
under this division and the regulations adopted by the department
pursuant to this division to obtain a solid waste facilities permit,
but for which a permit has not been obtained. The regulations
adopted by the department shall specify all of the following:

(1) A requirement that a person desiring to obtain a temporary
solid waste facilities permit submit a complete and correct
application for the permit to the enforcement agency having
jurisdiction no later than 60 days from the date the enforcement
agency determines a solid waste facility permit is required.

(2) The period of time during which a temporary solid waste
facility permit shall remain effective.

(3) The types and operational status of solid waste facilities that
are eligible to obtain a temporary solid waste facilities permit.

(4) A requirement that the owner or operator of a facility covered
under a temporary solid waste facilities permit agree to allow the
facility to be inspected, at least monthly, by the enforcement
agency.

(c) (1) An enforcement agency shall notify the operators of all
solid waste facilities within its jurisdiction of the availability of
temporary solid waste facilities permits under the regulations
adopted pursuant to this section.

(2) The department shall review and act on a proposed temporary
solid waste facilities permit submitted to it by an enforcement
agency for approval within 30 days of that submission. Upon the
request of an enforcement agency, the department shall provide
assistance to the enforcement agency to expeditiously process
applications for temporary solid waste facilities permits.

(d) The regulations adopted by the department pursuant to this
section may be adopted as emergency regulations and shall be
considered by the Office of Administrative Law as necessary for
the immediate preservation of the public peace, health and safety,
or general welfare. The department shall file the emergency
regulations with the Office of Administrative Law at the earliest
feasible date.

(e) This section shall remain in effect only until January 1, 2025,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2025, deletes or extends that date.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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