Amended in Senate September 1, 2015

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 BillNo. 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, and to add Section 51013.1 to, 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, bybegin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert the operators of an interstate pipeline near environmentally and ecologically sensitive areas, as provided, 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. 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.

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.

This bill wouldbegin delete requireend deletebegin insert require, by January 1, 2018,end insert 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 ofbegin delete the above-describedend deletebegin insert an existingend insert pipelinebegin insert near these sensitive areasend insert to submit a plan to retrofitbegin delete existing pipelinesend deletebegin insert the pipeline, by January 1, 2020end insert, 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.

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.

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

P3    1

SECTION 1.  

Section 8670.28.5 of the Government Code is
2amended to read:

3

8670.28.5.  

(a) An operator shall maintain a level of readiness
4that will allow effective implementation of the applicable
5contingency plans.

6(b) (1) Bybegin delete July 1, 2018,end deletebegin insert January 1, 2019end insertbegin insert,end insert an operator of an
7interstate pipeline subject to Part 195 of Title 49 of the Code of
8Federal Regulations near environmentally and ecologically
9sensitive areas in the coastal zone shall use best achievable
10technology, including, but not limited to, the installation of leak
11detection technology, automatic shutoff systems, or remote
12controlled sectionalized block valves, or any combination of these
13technologies, based on a risk analysis conducted by the operator,
14to reduce the amount of oil released in an oil spill to protect state
15waters and wildlife.

16(2) For purposes of implementing this subdivision, the Office
17of Spill Prevention and Response shall consult with the Office of
18the State Fire Marshal for technological expertise and may enter
19into a memorandum of understanding to clarify roles and
20responsibilities.

21(3) Bybegin delete July 1, 2017,end deletebegin insert January 1, 2018,end insert the administrator shall
22develop guidelines to assess the adequacy of the operator’s risk
23begin delete analysis.end deletebegin insert analysis and shall determine how near an environmentally
24and ecologically sensitive area a pipeline must be to be subject to
25the requirements of this section based on the likelihood of the
26pipeline impacting that area.end insert

begin insert

27(c) For purposes of this section, and notwithstanding paragraph
28(2) of subdivision (c) of Section 8670.3, the State Fire Marshal
29shall determine what is the best achievable technology and shall
30consider the effectiveness and engineering feasibility of the
31technology when making this determination.

end insert
32

SEC. 2.  

Section 8670.29 of the Government Code is amended
33to read:

34

8670.29.  

(a) In accordance with the rules, regulations, and
35policies established by the administrator pursuant to Section
P4    18670.28, an owner or operator of a facility, small marine fueling
2facility, or mobile transfer unit, or an owner or operator of a tank
3vessel, nontank vessel, or vessel carrying oil as secondary cargo,
4while operating in the waters of the state or where a spill could
5impact waters of the state, shall have an oil spill contingency plan
6that has been submitted to, and approved by, the administrator
7pursuant to Section 8670.31. An oil spill contingency plan shall
8ensure the undertaking of prompt and adequate response and
9removal action in case of a spill, shall be consistent with the
10California oil spill contingency plan, and shall not conflict with
11the National Oil and Hazardous Substances Pollution Contingency
12 Plan (NCP).

13(b) An oil spill contingency plan shall, at a minimum, meet all
14of the following requirements:

15(1) Be a written document, reviewed for feasibility and
16executability, and signed by the owner or operator, or his or her
17designee.

18(2) Provide for the use of an incident command system to be
19used during a spill.

20(3) Provide procedures for reporting oil spills to local, state,
21and federal agencies, and include a list of contacts to call in the
22event of a drill, threatened spill, or spill.

23(4) Describe the communication plans to be used during a spill,
24if different from those used by a recognized incident command
25system.

26(5) Describe the strategies for the protection of environmentally
27sensitive areas.

28(6) Identify at least one rated OSRO for each rating level
29established pursuant to Section 8670.30. Each identified rated
30OSRO shall be directly responsible by contract, agreement, or
31other approved means to provide oil spill response activities
32pursuant to the oil spill contingency plan. A rated OSRO may
33provide oil spill response activities individually, or in combination
34with another rated OSRO, for a particular owner or operator.

35(7) Identify a qualified individual.

36(8) Provide the name, address, and telephone and facsimile
37numbers for an agent for service of process, located within the
38state and designated to receive legal documents on behalf of the
39owner or operator.

P5    1(9) Provide for training and drills on elements of the plan at
2least annually, with all elements of the plan subject to a drill at
3least once every three years.

4(c) An oil spill contingency plan for a vessel shall also include,
5but is not limited to, all of the following requirements:

6(1) The plan shall be submitted to the administrator at least
7seven days prior to the vessel entering waters of the state.

8(2) The plan shall provide evidence of compliance with the
9International Safety Management Code, established by the
10International Maritime Organization, as applicable.

11(3) If the oil spill contingency plan is for a tank vessel, the plan
12shall include both of the following:

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

14(B) The plan shall specify the types of oil and petroleum cargo
15carried.

16(4) If the oil spill contingency plan is for a nontank vessel, the
17plan shall include both of the following:

18(A) The plan shall specify the type and total amount of fuel
19carried.

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

21(d) An oil spill contingency plan for a facility shall also include,
22but is not limited to, all of the following provisions, as appropriate:

23(1) Provisions for site security and control.

24(2) Provisions for emergency medical treatment and first aid.

25(3) Provisions for safety training, as required by state and federal
26safety laws for all personnel likely to be engaged in oil spill
27response.

28(4) Provisions detailing site layout and locations of
29environmentally sensitive areas requiring special protection.

30(5) Provisions for vessels that are in the operational control of
31the facility for loading and unloading.

32(e) Unless preempted by federal law or regulations, an oil spill
33contingency plan for a railroad also shall include, but is not limited
34to, all of the following:

35(1) A list of the types of train cars that may make up the consist.

36(2) A list of the types of oil and petroleum products that may
37be transported.

38(3) A map of track routes and facilities.

39(4) A list, description, and map of any prestaged spill response
40equipment and personnel for deployment of the equipment.

P6    1(f) begin insert(1)end insertbegin insertend insert An oil spill contingency plan for an interstate pipeline
2subject to Part 195 of Title 49 of the Code of Federal Regulations
3near environmentally and ecologically sensitive areas in the coastal
4zone subject to the requirements of subdivision (b) of Section
58670.28.5 shall include a description of how the operators are
6using the best achievable technology, including, but not limited
7to, installation of leak detection technologies, automatic shutoff
8 systems, or remote controlled sectionalized block valves, or any
9combination of these technologies, based on a risk analysis
10conducted by the operator, to reduce the amount of oil released in
11an oil spill to protect state waters and wildlife.

begin insert

12(2) For purposes of this subdivision, and notwithstanding
13paragraph (2) of subdivision (c) of Section 8670.3, the State Fire
14Marshal shall determine what is the best achievable technology
15and shall consider the effectiveness and engineering feasibility of
16the technology when making this determination.

end insert

17(g) The oil spill contingency plan shall be available to response
18personnel and to relevant state and federal agencies for inspection
19and review.

20(h) The oil spill contingency plan shall be reviewed periodically
21and updated as necessary. All updates shall be submitted to the
22administrator pursuant to this article.

23(i) In addition to the regulations adopted pursuant to Section
248670.28, the administrator shall adopt regulations and guidelines
25to implement this section. The regulations and guidelines shall
26provide for the best achievable protection of waters and natural
27resources of the state. The administrator may establish additional
28oil spill contingency plan requirements, including, but not limited
29to, requirements based on the different geographic regions of the
30state. All regulations and guidelines shall be developed in
31consultation with the Oil Spill Technical Advisory Committee.

32(j) Notwithstanding subdivision (a) and paragraph (6) of
33subdivision (b), a vessel or facility operating where a spill could
34impact state waters that are not tidally influenced shall identify a
35rated OSRO in the contingency plan no later than January 1, 2016.

36

SEC. 3.  

Section 51013.1 is added to the Government Code, to
37read:

38

51013.1.  

(a) begin deleteAny end deletebegin insertBy January 1, 2018, any end insertnew or replacement
39pipeline near environmentally and ecologically sensitive areas in
40the coastal zone shall use best achievable technology, including,
P7    1but not limited to, the installation of leak detection technology,
2automatic shutoff systems, or remote controlled sectionalized block
3valves, or any combination of these technologies, based on a risk
4analysis conducted by the operator, to reduce the amount of oil
5released in an oil spill to protect state waters and wildlife.

6(b) begin insert(1)end insertbegin insertend insert By July 1, 2018, an operator ofbegin delete aend deletebegin insert an existingend insert pipeline
7near environmentally and ecologically sensitive areas in the coastal
8zone shall submit a plan tobegin delete retrofitend deletebegin insert retrofit, by January 1, 2020,end insert
9 existing pipelines near environmentally and ecologically sensitive
10areas in the coastal zone with the best achievable technology,
11including, but not limited to, installation of leak detection
12technologies, automatic shutoff systems, or remote controlled
13sectionalized block valves, or any combination of these
14technologies, based on a risk analysis conducted by the operator
15to reduce the amount of oil released in an oil spill to protect state
16waters and wildlife.

begin insert

17(2) An operator may request confidential treatment of
18information submitted in the plan required by paragraph (1) or
19contained in any documents associated with the risk analysis
20described in this section, including, but not limited to, information
21regarding the proposed location of automatic shutoff valves or
22remote controlled sectionalized block valves.

end insert

23(c) The State Fire Marshal shall adopt regulations pursuant to
24thisbegin delete section, including a definition of automatic shutoff systems,end delete
25begin insert sectionend insert by July 1, 2017.begin insert The regulations shall include, but not be
26limited to, all of the following:end insert

begin insert

27(1) A definition of automatic shutoff systems.

end insert
begin insert

28(2) A process to assess the adequacy of the operator’s risk
29analysis.

end insert
begin insert

30(3) A process by which an operator may request confidential
31treatment of information submitted in the plan required by
32paragraph (1) of subdivision (b) or contained in any documents
33associated with the risk analysis described in this section.

end insert
begin insert

34(4) A determination of how near to an environmentally and
35ecologically sensitive area a pipeline must be to be subject to the
36requirements of this section based on the likelihood of the pipeline
37impacting those areas.

end insert

38(d) An operator of a pipeline near environmentally and
39ecologically sensitive areas in the coastal zone shall notify the
P8    1Office of the State Fire Marshal of any new construction or retrofit
2of pipeline in these waters.

3(e) For purposes of implementing this section, the State Fire
4Marshal shall consult with the Office of Spill Prevention and
5Response about the potential impacts to state water and wildlife.

6(f) For purposes of this section, “environmentally and
7ecologically sensitive areas” is the same term as described in
8subdivision (d) of Section 8574.7.

begin delete

9(e)

end delete

10begin insert(g)end insertbegin insert(1)end insertbegin insertend insert For purposes of this section, “best achievable
11technology”begin delete has the same meaning as in subdivision (c) of Section
128670.3.end delete
begin insert means that technology that provides the greatest degree
13of protection, taking into consideration both of the following:end insert

begin insert

14(A) Processes that are being developed, or could feasibly be
15developed anywhere in the world, given overall reasonable
16expenditures on research and development.

end insert
begin insert

17(B) Processes that are currently in use anywhere in the world.

end insert
begin insert

18(2) The State Fire Marshal shall determine what is the best
19achievable technology and shall consider the effectiveness and
20engineering feasibility of the technology when making this
21determination.

end insert
22

SEC. 4.  

The provisions of this act are severable. If any
23provision of this act or its application is held invalid, that invalidity
24shall not affect other provisions or applications that can be given
25effect without the invalid provision or application.

26

SEC. 5.  

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.



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