Amended in Senate September 4, 2015

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 actbegin delete to amend Sections 8670.28.5 and 8670.29 of, andend delete to add Section 51013.1begin delete to,end deletebegin insert toend 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.

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This bill would require, by January 1, 2019, 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.

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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 would require, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use bestbegin delete achievableend deletebegin insert availableend insert 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 an existing pipeline near these sensitive areas to submit a plan to retrofit the pipeline, by January 1, 2020, 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:

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

15(2) For purposes of implementing this subdivision, the Office
16of Spill Prevention and Response shall consult with the Office of
17the State Fire Marshal for technological expertise and may enter
18into a memorandum of understanding to clarify roles and
19responsibilities.

20(3) By January 1, 2018, the administrator shall develop
21guidelines to assess the adequacy of the operator’s risk analysis
22and shall determine how near an environmentally and ecologically
23sensitive area a pipeline must be to be subject to the requirements
24of this section based on the likelihood of the pipeline impacting
25that area.

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

31

SEC. 2.  

Section 8670.29 of the Government Code is amended
32to read:

P4    1

8670.29.  

(a) In accordance with the rules, regulations, and
2policies established by the administrator pursuant to Section
38670.28, an owner or operator of a facility, small marine fueling
4facility, or mobile transfer unit, or an owner or operator of a tank
5vessel, nontank vessel, or vessel carrying oil as secondary cargo,
6while operating in the waters of the state or where a spill could
7impact waters of the state, shall have an oil spill contingency plan
8that has been submitted to, and approved by, the administrator
9pursuant to Section 8670.31. An oil spill contingency plan shall
10ensure the undertaking of prompt and adequate response and
11removal action in case of a spill, shall be consistent with the
12California oil spill contingency plan, and shall not conflict with
13the National Oil and Hazardous Substances Pollution Contingency
14 Plan (NCP).

15(b) An oil spill contingency plan shall, at a minimum, meet all
16of the following requirements:

17(1) Be a written document, reviewed for feasibility and
18executability, and signed by the owner or operator, or his or her
19designee.

20(2) Provide for the use of an incident command system to be
21used during a spill.

22(3) Provide procedures for reporting oil spills to local, state,
23and federal agencies, and include a list of contacts to call in the
24event of a drill, threatened spill, or spill.

25(4) Describe the communication plans to be used during a spill,
26if different from those used by a recognized incident command
27system.

28(5) Describe the strategies for the protection of environmentally
29sensitive areas.

30(6) Identify at least one rated OSRO for each rating level
31established pursuant to Section 8670.30. Each identified rated
32OSRO shall be directly responsible by contract, agreement, or
33other approved means to provide oil spill response activities
34pursuant to the oil spill contingency plan. A rated OSRO may
35provide oil spill response activities individually, or in combination
36with another rated OSRO, for a particular owner or operator.

37(7) Identify a qualified individual.

38(8) Provide the name, address, and telephone and facsimile
39numbers for an agent for service of process, located within the
P5    1state and designated to receive legal documents on behalf of the
2owner or operator.

3(9) Provide for training and drills on elements of the plan at
4least annually, with all elements of the plan subject to a drill at
5least once every three years.

6(c) An oil spill contingency plan for a vessel shall also include,
7but is not limited to, all of the following requirements:

8(1) The plan shall be submitted to the administrator at least
9seven days prior to the vessel entering waters of the state.

10(2) The plan shall provide evidence of compliance with the
11International Safety Management Code, established by the
12International Maritime Organization, as applicable.

13(3) If the oil spill contingency plan is for a tank vessel, the plan
14shall include both of the following:

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

16(B) The plan shall specify the types of oil and petroleum cargo
17carried.

18(4) If the oil spill contingency plan is for a nontank vessel, the
19plan shall include both of the following:

20(A) The plan shall specify the type and total amount of fuel
21carried.

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

23(d) An oil spill contingency plan for a facility shall also include,
24but is not limited to, all of the following provisions, as appropriate:

25(1) Provisions for site security and control.

26(2) Provisions for emergency medical treatment and first aid.

27(3) Provisions for safety training, as required by state and federal
28safety laws for all personnel likely to be engaged in oil spill
29response.

30(4) Provisions detailing site layout and locations of
31environmentally sensitive areas requiring special protection.

32(5) Provisions for vessels that are in the operational control of
33the facility for loading and unloading.

34(e) Unless preempted by federal law or regulations, an oil spill
35contingency plan for a railroad also shall include, but is not limited
36to, all of the following:

37(1) A list of the types of train cars that may make up the consist.

38(2) A list of the types of oil and petroleum products that may
39be transported.

40(3) A map of track routes and facilities.

P6    1(4) A list, description, and map of any prestaged spill response
2equipment and personnel for deployment of the equipment.

3(f) (1) An oil spill contingency plan for an interstate pipeline
4subject to Part 195 of Title 49 of the Code of Federal Regulations
5near environmentally and ecologically sensitive areas in the coastal
6zone subject to the requirements of subdivision (b) of Section
78670.28.5 shall include a description of how the operators are
8using the best achievable technology, including, but not limited
9to, installation of leak detection technologies, automatic shutoff
10 systems, or remote controlled sectionalized block valves, or any
11combination of these technologies, based on a risk analysis
12conducted by the operator, to reduce the amount of oil released in
13an oil spill to protect state waters and wildlife.

14(2) For purposes of this subdivision, and notwithstanding
15paragraph (2) of subdivision (c) of Section 8670.3, the State Fire
16Marshal shall determine what is the best achievable technology
17and shall consider the effectiveness and engineering feasibility of
18the technology when making this determination.

19(g) The oil spill contingency plan shall be available to response
20personnel and to relevant state and federal agencies for inspection
21and review.

22(h) The oil spill contingency plan shall be reviewed periodically
23and updated as necessary. All updates shall be submitted to the
24administrator pursuant to this article.

25(i) In addition to the regulations adopted pursuant to Section
268670.28, the administrator shall adopt regulations and guidelines
27to implement this section. The regulations and guidelines shall
28provide for the best achievable protection of waters and natural
29resources of the state. The administrator may establish additional
30oil spill contingency plan requirements, including, but not limited
31to, requirements based on the different geographic regions of the
32state. All regulations and guidelines shall be developed in
33consultation with the Oil Spill Technical Advisory Committee.

34(j) Notwithstanding subdivision (a) and paragraph (6) of
35subdivision (b), a vessel or facility operating where a spill could
36impact state waters that are not tidally influenced shall identify a
37rated OSRO in the contingency plan no later than January 1, 2016.

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38

begin deleteSEC. 3.end delete
39begin insertSECTION 1.end insert  

Section 51013.1 is added to the Government Code,
40to read:

P7    1

51013.1.  

(a) By January 1, 2018, any new or replacement
2pipeline near environmentally and ecologically sensitive areas in
3the coastal zone shall use bestbegin delete achievableend deletebegin insert availableend insert technology,
4including, but not limited to, the installation of leak detection
5technology, automatic shutoff systems, or remote controlled
6sectionalized block valves, or any combination of these
7technologies, based on a risk analysis conducted by the operator,
8to reduce the amount of oil released in an oil spill to protect state
9waters and wildlife.

10(b) (1) By July 1, 2018, an operator of an existing pipeline near
11environmentally and ecologically sensitive areas in the coastal
12zone shall submit a plan to retrofit, by January 1, 2020, existing
13pipelines near environmentally and ecologically sensitive areas in
14the coastal zone with the bestbegin delete achievableend deletebegin insert availableend insert technology,
15including, but not limited to, installation of leak detection
16technologies, automatic shutoff systems, or remote controlled
17sectionalized block valves, or any combination of these
18technologies, based on a risk analysis conducted by the operator
19to reduce the amount of oil released in an oil spill to protect state
20waters and wildlife.

21(2) An operator may request confidential treatment of
22information submitted in the plan required by paragraph (1) or
23contained in any documents associated with the risk analysis
24described in this section, including, but not limited to, information
25regarding the proposed location of automatic shutoff valves or
26remote controlled sectionalized block valves.

27(c) The State Fire Marshal shall adopt regulations pursuant to
28this section by July 1, 2017. The regulations shall include, but not
29be limited to, all of the following:

30(1) A definition of automatic shutoff systems.

31(2) A process to assess the adequacy of the operator’s risk
32analysis.

33(3) A process by which an operator may request confidential
34treatment of information submitted in the plan required by
35paragraph (1) of subdivision (b) or contained in any documents
36associated with the risk analysis described in this section.

37(4) A determination of how near to an environmentally and
38ecologically sensitive area a pipeline must be to be subject to the
39requirements of this section based on the likelihood of the pipeline
40impacting those areas.

P8    1(d) An operator of a pipeline near environmentally and
2ecologically sensitive areas in the coastal zone shall notify the
3Office of the State Fire Marshal of any new construction or retrofit
4of pipeline in these waters.

5(e) For purposes of implementing this section, the State Fire
6Marshal shall consult with the Office of Spill Prevention and
7Response about the potential impacts to state water and wildlife.

8(f) For purposes of this section, “environmentally and
9ecologically sensitive areas” is the same term as described in
10subdivision (d) of Section 8574.7.

11(g) (1) For purposes of this section, “bestbegin delete achievableend deletebegin insert availableend insert
12 technology” meansbegin delete thatend delete technology that provides the greatest
13degree ofbegin delete protection,end deletebegin insert protection by limiting the quantity of release
14in the event of a spill,end insert
taking into considerationbegin delete both of the
15following:end delete
begin insert end insertbegin insertwhether the processes are currently in use and could
16be purchased anywhere in the world.end insert

begin delete

17(A) Processes that are being developed, or could feasibly be
18developed anywhere in the world, given overall reasonable
19expenditures on research and development.

end delete
begin delete

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

end delete

21(2) The State Fire Marshal shall determine what is the best
22begin delete achievableend deletebegin insert availableend insert technology and shall consider the
23effectiveness and engineering feasibility of the technology when
24making this determination.

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25

SEC. 4.  

The provisions of this act are severable. If any
26provision of this act or its application is held invalid, that invalidity
27shall not affect other provisions or applications that can be given
28effect without the invalid provision or application.

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29

begin deleteSEC. 5.end delete
30begin insertSEC. 2.end insert  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.



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