Amended in Senate August 17, 2015

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 Members Williams and Burke

(Principal coauthor: Senator Jackson)

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

February 26, 2015

An act to amend Sections 8670.28.5 and 8670.29 of begin insert , and to add Section 51013.1 to, end insert 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 begin insert , by July 1, 2018, end insert the operators of begin delete pipelines in end delete begin insert an interstate pipeline near end insert environmentally and ecologically sensitive begin delete areas of state waters or along the coasts of those end delete areas begin insert , as provided, end insert to use the best achievable 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. begin insert The bill would require the Office of Spill Prevention and Response to consult with the Office of the State Fire Marshal for technical expertise, and would authorize the office to enter into a memorandum of understanding, as provided, for purposes of implementing the above provisions. end insert

begin insert

The Elder California Pipeline Safety Act of 1981, among other things, requires the State Fire Marshal to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety. The act requires any new pipeline constructed after January 1, 1984, and which normally operates under conditions of constant flow and pressure, to be designed and constructed in accordance with specified federal regulations, and have a means of leak detection and cathodic protection that the State Fire Marshal determines is acceptable. A violation of the act is a crime. Except as provided, the act defines “pipeline” as including every intrastate pipeline used to transport hazardous liquid substances or highly volatile liquid substances, as provided.

end insert begin insert

This bill would require any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best achievable technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife. The bill would require, by July 1, 2018, an operator of the above-described pipeline to submit a plan to retrofit existing pipelines, as provided. By creating a new crime, the bill would impose a state-mandated local program. The bill would require the State Fire Marshal to adopt regulations relating to the above provisions by July 1, 2017.

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: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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)  begin delete An end delete begin delete   end delete begin insert (1) end insert begin insert   end insert begin insert By July 1, 2018, end insert begin insert an end insert operator of begin delete a end delete begin insert an interstate end insert
pipeline begin delete in end delete begin insert subject to Part 195 of Title 49 of the Code of Federal
Regulations near end insert environmentally and ecologically sensitive areas
begin delete of state waters and along the coasts of those areas end delete begin insert in the coastal
zone end insert shall use best achievable technology, including, but not
limited to, the installation of leak detection technology, automatic
shutoff begin delete valves, end delete begin insert systems, end insert or remote controlled sectionalized block
valves, or any combination of these technologies, begin insert based on a risk
analysis conducted by the operator, end insert to reduce the amount of oil
released in an oil spill to protect state waters and wildlife.

begin insert

(2) For purposes of implementing this subdivision, the Office
of Spill Prevention and Response shall consult with the Office of
the State Fire Marshal for technological expertise and may enter
into a memorandum of understanding to clarify roles and
responsibilities.

(3) By July 1, 2017, the administrator shall develop guidelines
to assess the adequacy of the operator’s risk analysis.

end insert

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 begin delete a pipeline in end delete begin insert an interstate
pipeline subject to Part 195 of Title 49 of the Code of Federal
Regulations near end insert environmentally and ecologically sensitive areas
begin delete of state waters or along the coasts of those areas end delete begin insert in the coastal
zone subject to the requirements of subdivision (b) of Section
8670.28.5 end insert shall include a description of how the operators are
using the best achievable technology, including, but not limited
to, installation of leak detection technologies, automatic shutoff
begin delete valves, end delete begin insert systems, end insert or remote controlled sectionalized block valves,
or any combination of these technologies, begin insert based on a risk analysis
conducted by the operator, 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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 51013.1 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 51013.1. end insert   

(a) Any new or replacement pipeline near
environmentally and ecologically sensitive areas in the coastal
zone shall use best achievable technology, including, but not
limited to, the installation of leak detection technology, automatic
shutoff systems, or remote controlled sectionalized block valves,
or any combination of these technologies, based on a risk analysis
conducted by the operator, to reduce the amount of oil released
in an oil spill to protect state waters and wildlife.

(b) By July 1, 2018, an operator of a pipeline near
environmentally and ecologically sensitive areas in the coastal
zone shall submit a plan to retrofit existing pipelines near
environmentally and ecologically sensitive areas in the coastal
zone with the best achievable technology, including, but not limited
to, installation of leak detection technologies, automatic shutoff
systems, or remote controlled sectionalized block valves, or any
combination of these technologies, based on a risk analysis
conducted by the operator to reduce the amount of oil released in
an oil spill to protect state waters and wildlife.

(c) The State Fire Marshal shall adopt regulations pursuant to
this section, including a definition of automatic shutoff systems,
by July 1, 2017.

(d) An operator of a pipeline near environmentally and
ecologically sensitive areas in the coastal zone shall notify the
Office of the State Fire Marshal of any new construction or retrofit
of pipeline in these waters.

(e) For purposes of implementing this section, the State Fire
Marshal shall consult with the Office of Spill Prevention and
Response about the potential impacts to state water and wildlife.

(f) For purposes of this section, “environmentally and
ecologically sensitive areas” is the same term as described in
subdivision (d) of Section 8574.7.

(e) For purposes of this section, “best achievable technology”
has the same meaning as in subdivision (c) of Section 8670.3.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

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

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