Amended in Senate July 2, 2015

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 begin delete Member end delete begin insert Members end insert Williams begin insert and Burke end insert

(Principal coauthor: Senator Jackson)

begin insert

(Coauthors: Assembly Members Chiu, Rendon, Mark Stone, Ting, and Wood)

end insert

February 26, 2015

An act to amend Sections 8670.28.5 and 8670.29 of the Government Code, relating to oil spill response.

LEGISLATIVE COUNSEL’S DIGEST

AB 864, as amended, Williams. Oil spill response: environmentally and ecologically sensitive areas.

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.

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 begin delete available end delete begin insert achievable end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 8670.28.5 of the Government Code is
amended to read:

8670.28.5.  

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

(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 begin delete available end delete begin insert achievable end insert technology, including, but not
limited to, the installation of begin insert leak detection technology, end insert automatic
shutoff begin delete valves end delete begin insert valves, end insert or remote controlled sectionalized block
valves, or begin delete both of those types of valves, end delete begin insert any combination of these
technologies, end insert to reduce the amount of oil released in an oil spill
to protect state waters and wildlife.

SEC. 2.  

Section 8670.29 of the Government Code is amended
to read:

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.

(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 begin delete available end delete begin insert achievable end insert
technology, including, but not limited to, installation of begin insert leak
detection technologies, end insert automatic shutoff begin delete valves end delete begin insert valves, end insert or remote
controlled sectionalized block valves, or begin delete both of those types of
valves, end delete begin insert any combination of these technologies, end insert to reduce the
amount of oil released in an oil spill to protect state waters and
wildlife.

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

(h) 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.

(i) 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.

(j) 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.