Amended in Assembly June 19, 2015

Amended in Assembly June 3, 2015

Amended in Senate April 14, 2015

Senate Bill No. 414

Introduced by Senator Jackson

(Principal coauthor: Assembly Member Williams)

February 25, 2015

An act to amend Sections 8670.8.5, 8670.12, 8670.13, and 8670.67.5 of, and to add Sections 8670.11, 8670.12.1, 8670.13.3, 8670.31.5, and 8670.43 to, the Government Code, relating to oil spill response.

LEGISLATIVE COUNSEL’S DIGEST

SB 414, as amended, Jackson. Oil spill response.

(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup. The act authorizes the administrator to use volunteer workers in response, containment, restoration, wildlife rehabilitation, and cleanup efforts for oil spills in waters of the state. Existing law requires the administrator to evaluate the feasibility of using commercial fishermen and other mariners for oil spill containment and cleanup. begin insert Existing law authorizes oil spill response organizations to apply to the administrator for a rating for that organization’s response capabilities. end insert

This bill would require the administrator, in cooperation with the United States Coast Guard, to conduct an independent vessel traffic assessment for begin delete the San Francisco Bay end delete begin insert all deepwater ports end insert that may inform an area rescue towing plan for the begin delete 3 end delete approaches to the begin delete Golden Gate, end delete begin insert ports end insert and to establish a schedule of drills and exercises that are required under the federal Salvage and Marine Firefighting regulations. The bill would require the administrator to develop and implement begin delete a program end delete begin insert regulations for oil spill response organizations end insert to allow immediate response to an oil spill by contracted fishing vessels and begin insert fishing end insert crews. begin insert The bill would require the administrator, by regulation, to require oil spill response organizations to have specified oil spill response equipment. end insert The bill would require the administrator, on or before July 1, 2016, to submit to the Legislature a report assessing the best available technology and equipment begin insert based on the estimated system recovery potential end insert for oil spill prevention and response.

(2) The act requires operators of specified vessels and facilities to submit to the administrator an oil spill contingency plan to determine whether the plan meets applicable requirements. The act requires an operator to resubmit the plan to the administrator every 5 years.

This bill would require the administrator to adopt, by regulation, methodology to rate the oil spill prevention and response equipment listed in the plan to maintain the best achievable protection standards through the use of equipment that is the best available technology. begin insert The bill would require the administrator, every 5 years, to provide to the Legislature a report that justifies the regulations and methodology. end insert

(3) The act requires the administrator to license oil spill cleanup agents for use in response to oil spills. The federal Coastal Zone Management Act begin insert of 1972 end insert (federal act) requires federal agency activities to be carried out in a manner that is consistent, to the maximum extent practicable, with an approved state management plan. Existing federal law authorizes the California Coastal Commission, the designated state agency, to conduct federal consistency review to ensure federal agency activities are consistent with the California Coastal Management Program.

This bill would prohibit the use of begin insert chemical end insert oil spill cleanup agents in the waters of the begin delete state unless 2 specified conditions occur. The bill would require the California Coastal Commission to conduct a federal consistency review for federal policies authorizing the use of oil spill cleanup agents in the coastal waters of the end delete state.

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(4) Existing law imposes an oil spill prevention and administration fee in an amount determined by the administrator to be sufficient to implement oil spill prevention activities. The fee is deposited into the Oil Spill Prevention and Administration Fund in the State Treasury and moneys in the fund are available, upon appropriation by the Legislature, for, among other purposes, the implementation, installation, and maintenance of emergency programs, equipment, and facilities to respond to, contain, and clean up oil spills, and to ensure that those operations will be carried out as intended.

end delete begin delete

This bill would require the administrator, upon appropriation of funds for that purpose, to purchase specified oil spill response equipment, including specified equipment to be stationed on the Santa Barbara coastline.

end delete begin delete

(5)

end delete

begin insert (4) end insert  The act makes a person who causes or permits a spill or inland spill strictly liable for specified penalties for the spill on a per-gallon-released basis. The act provides that the amount of penalty is reduced by the amount of released oil that is recovered and properly disposed of.

This bill would provide that the above reduction in the penalty for spills, including inland spills, of greater than 500 gallons, is only applicable to the amount of oil recovered and properly disposed of within 2 weeks of the start of the spill.

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(6) This bill would make legislative findings and declarations as to the necessity of a special statute for the San Francisco Bay and for the Santa Barbara coastline.

end delete

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 8670.8.5 of the Government Code is
amended to read:

8670.8.5.  

(a) The administrator may use volunteer workers in
response, containment, restoration, wildlife rehabilitation, and
cleanup efforts for oil spills in waters of the state. The volunteers
shall be deemed employees of the state for the purpose of workers’
compensation under Article 2 (commencing with Section 3350)
of Chapter 2 of Part 1 of Division 4 of the Labor Code. Any
payments for workers’ compensation pursuant to this section shall
be made from the Oil Spill Response Trust Fund created pursuant
to Section 8670.46.

(b) (1) The administrator shall develop and implement begin delete a
program end delete begin insert regulations for oil spill response organizations end insert to allow
immediate response to an oil spill by contracted fishing vessels
and begin insert fishing end insert crews and that shall provide for regularly scheduled
emergency drills and training in areas that include the following:

(A) Shoreline protection.

(B) Towing boom and skimmers.

(C) Working with minibarges.

(D) Loading and unloading equipment from response barges.

(2) In developing the begin delete program, end delete begin insert regulations, end insert the administrator
shall consider the fishing vessel training program funded and
maintained by Alyeska’s Ship Escort/Response Vessel begin delete System. end delete
begin insert System, with regard to training, liability, insurance, compensation,
and post response vessel cleanup. end insert

SEC. 2.  

Section 8670.11 is added to the Government Code, to
read:

8670.11.  

In addition to Section 8670.10, the administrator, in
cooperation with the United States Coast Guard, shall establish a
schedule of drills and exercises required pursuant to Section
155.4052 of Title 33 of the Code of Federal Regulations. The
administrator shall make publicly available the established
schedule.

SEC. 3.  

Section 8670.12 of the Government Code is amended
to read:

8670.12.  

(a) The administrator shall conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in waters of the
state and oil transportation systems. The administrator may expend
moneys from the Oil Spill Prevention and Administration Fund
created pursuant to Section 8670.38, enter into consultation
agreements, and acquire necessary equipment and services for the
purpose of carrying out these studies and evaluations.

(b) The administrator shall study the use and effects of
dispersants, incineration, bioremediation, and any other methods
used to respond to a spill. The study shall periodically be updated
to ensure the best achievable protection from the use of those
methods. Based upon substantial evidence in the record, the
administrator may determine in individual cases that best
achievable protection is provided by establishing requirements
that provide the greatest degree of protection achievable without
imposing costs that significantly outweigh the incremental
protection that would otherwise be provided. The studies shall do
all of the following:

(1) Evaluate the effectiveness of dispersants and other begin delete chemical end delete
begin insert chemical, bioremediation, and biological end insert agents in oil spill
response under varying environmental conditions.

(2) Evaluate potential adverse impacts on the environment and
public health including, but not limited to, adverse toxic impacts
on water quality, fisheries, and wildlife with consideration to
bioaccumulation and synergistic impacts, and the potential for
human exposure, including skin contact and consumption of
contaminated seafood.

(3) Recommend appropriate uses and limitations on the use of
dispersants and other begin delete chemical end delete begin insert chemical, bioremediation, and
biological end insert agents to ensure they are used only in situations where
the administrator determines they are effective and safe.

(c) The studies shall be performed in conjunction with any
studies performed by federal, state, and international entities. The
administrator may enter into contracts for the studies.

SEC. 4.  

Section 8670.12.1 is added to the Government Code,
to read:

8670.12.1.  

The administrator, in cooperation with the United
States Coast Guard, shall conduct an independent vessel traffic
risk assessment for begin delete the San Francisco Bay that may inform an area
rescue towing plan for the three approaches to the Golden Gate. end delete
begin insert all deepwater ports that may inform an area rescue towing plan
for the approaches to the ports. end insert

SEC. 5.  

Section 8670.13 of the Government Code is amended
to read:

8670.13.  

(a) The administrator shall periodically evaluate the
feasibility of requiring new technologies to aid prevention,
response, containment, begin delete cleanup end delete begin insert cleanup, end insert and wildlife rehabilitation.

(b) (1) On or before July 1, 2016, the administrator shall submit
a report to the Legislature, pursuant to Section 9795, assessing the
best available technology and equipment begin insert based on the estimated
system recovery potential end insert for oil spill prevention and response,
including, but not limited to, prevention and response tugs, tractor
tugs, salve and marine firefighting tugs, oil spill skimmers and
barges, and protective in-water boom equipment.

(2) In conducting the assessment, the administrator shall consult
the peer-reviewed research performed by the Prince William Sound
Regional Citizens’ Advisory begin delete Council. end delete begin insert Council as well as estimated
system recovery potential research done at Genwest Systems, Inc.,
and Spiltec. end insert

(3) Pursuant to Section 10231.5, this subdivision is inoperative
on July 1, 2020.

(c) Based on the report prepared pursuant to subdivision (b),
the administrator shall establish standards for best achievable
technologies for oil spill prevention and begin delete response. end delete begin insert response no
later than July 1, 2017. end insert

SEC. 6.  

Section 8670.13.3 is added to the Government Code,
to read:

8670.13.3.  

(a)  begin delete (1) end delete begin delete   end delete begin delete (A) end delete begin delete   end delete Notwithstanding any law, begin insert chemical end insert
oil spill cleanup agents shall not be used in response to an oil spill
within the waters of the begin delete state unless both of the following occur: end delete
begin insert state. end insert

begin delete

(i) The administrator establishes, pursuant to Section 8670.13,
standards for best achievable technologies for oil spill prevention
and response.

(ii) The United States Environmental Protection Agency adopts
amendments to subpart J of the National Oil and Hazardous
Substances Pollution Contingency Plan (40 C.F.R. Sec. 300.900
et. seq.) governing the use of oil spill cleanup agents, other
chemical and biological agents, and other oil spill mitigating
substances in responding to oil discharges into water, as set forth
in Docket ID No. EPA-HQ-OPA-2006-0090, and the administrator
adopts regulations consistent with those federal amendments.

(B) Upon the occurrence of clauses (i) and (ii), the administrator
shall notify the Secretary of State of those occurrences and shall
post on the Office of Oil Spill Prevention and Response’s Internet
Web site a notice of those occurrences.

(2)

end delete

begin insert (b) end insert  For purposes of this section, “waters of the state” means any
surface water, including saline water, within the boundary of the
state.

begin delete

(b) The California Coastal Commission, pursuant to Section
307 of the federal Coastal Zone Management Act (16 U.S.C. Sec.
1456) and the California Coastal Act (Division 20 (commencing
with Section 30000) of the Public Resources Code), shall conduct
a federal consistency review for federal policy authorizing the use
of oil spill cleanup agents in the coastal waters of California.

end delete

SEC. 7.  

Section 8670.31.5 is added to the Government Code,
to read:

8670.31.5.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert For offshore oil spill response, the end insert
administrator shall, by regulation, establish a methodology for
rating equipment, such as oil containment, skimming, storage, and
oil/water separation technologies, listed in an oil spill contingency
plan to maintain the best achievable protection standards through
the use of equipment that is the best available technology.

begin insert

(b) The administrator shall provide a report to the Legislature
every five years that justifies the regulations adopted and
methodologies established pursuant to subdivision (a). The report
to the Legislature shall be delivered as provided in Section 9795
of the Government Code.

end insert

SEC. 8.  

Section 8670.43 is added to the Government Code, to
read:

8670.43.  

Pursuant to paragraph (4) of subdivision (e) of Section
8670.40, the begin delete administrator, upon appropriation of funds for that
purpose, shall do both of the following: end delete begin insert administrator shall require,
by regulation, all oil spill response organizations to have in their
response fleets both of the following: end insert

(a)  begin delete Purchase at end delete begin insert At end insert least two new-generation, high-efficiency
disc begin delete skimmers to be stationed on the Santa Barbara coastline. end delete
begin insert skimmers. end insert This equipment shall include high-efficiency skimming
NOFI begin delete current busters, end delete begin insert Current Busters, end insert or their equivalent, and
Elastec grooved disc skimmers, or their equivalent.

(b)  begin delete Purchase a end delete begin insert A end insert purpose-built, prepositioned prevention and
response tug with appropriate size, bollard pull, horsepower,
propulsion, seakeeping, and maneuverability to meet Det Norske
Veritas criteria for emergency towing.

SEC. 9.  

Section 8670.67.5 of the Government Code is amended
to read:

8670.67.5.  

(a) Regardless of intent or negligence, any person
who causes or permits a spill shall be strictly liable civilly in
accordance with subdivision (b) or (c).

(b) A penalty may be administratively imposed by the
administrator in accordance with Section 8670.68 in an amount
not to exceed twenty dollars ($20) per gallon for a spill. Except as
provided in subdivision (d), the amount of the penalty shall be
reduced for every gallon of released oil that is recovered and
properly disposed of in accordance with applicable law.

(c) Whenever the release of oil resulted from gross negligence
or reckless conduct, the administrator shall, in accordance with
Section 8670.68, impose a penalty in an amount not to exceed
sixty dollars ($60) per gallon for a spill. Except as provided in
subdivision (d), the amount of the penalty shall be reduced for
every gallon of released oil that is recovered and properly disposed
of in accordance with applicable law.

(d) (1) For a spill of greater than 500 gallons, the penalty
assessed pursuant to subdivision (b) or (c) shall only be reduced
for every gallon of released oil that is recovered and properly
disposed of in accordance with applicable law within two weeks
of the start of the spill.

(2) Notwithstanding Section 8670.69.7, any increase in the
amount of a penalty assessed for an inland spill resulting from the
operation of paragraph (1) shall be deposited in the Environmental
Enhancement Fund pursuant to Section 8670.70.

(e) The administrator shall adopt regulations governing the
method for determining the amount of oil that is cleaned up.

begin delete

SEC. 10.  

In regard to provisions of this act related to the San
Francisco Bay or the Santa Barbara coastline, the Legislature finds
and declares that a special law is necessary and that a general law
cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because of the unique
maritime conditions in the San Francisco Bay that affect vessel
traffic and the operation of offshore oil drilling platforms near the
Santa Barbara coastline.

end delete