Amended in Assembly August 19, 2015

Amended in Assembly August 17, 2015

Amended in Assembly July 2, 2015

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 8670.12, 8670.13, 8670.28, and 8670.67.5 of, and to add Sections begin delete 8670.11, 8670.12.1, end delete begin insert 8670.11 end insert and 8670.13.3 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.

This bill would require the administrator, in cooperation with the United States Coast Guard, to begin delete conduct an independent vessel traffic assessment for all deepwater ports that may inform an area rescue towing plan for the approaches to the ports and end delete begin insert the extent possible, end insert 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 regulations and guidelines requiring operators to allow begin delete immediate end delete begin insert rapid end insert response to an oil spill by begin delete contracted fishing vessels and fishing crews and providing for end delete begin insert vessels of opportunity and provide for the means for them to participate in regularly scheduled end insert emergency begin delete drills end delete begin insert drills, equipment deployment exercises, end insert and training. The bill would require the administrator, on or before July 1, 2016, to submit to the Legislature a report begin delete assessing end delete begin insert assessing, among other things, end insert the best achievable technology begin delete for end delete begin insert of end insert equipment for oil spill prevention and response, begin insert including an independent vessel traffic risk assessment for all deepwater ports that may inform an area rescue towing plan for the approaches to the ports, end insert as provided, and to update regulations based on the report before July 1, 2017.

(2) The act requires the administrator to study the use and effects of methods used to respond to oil spills and to periodically update the study to ensure the best achievable protection from the use of those methods.

This bill would require the administrator to update the California Dispersant Plan by January 1, 2017, and, in conducting the study and updates, to consult current peer-reviewed published scientific literature.

(3) The act requires the administrator to license oil spill cleanup agents for use in response to oil spills. begin delete The federal Coastal Zone Management Act of 1972 (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. end delete

begin delete

The Marine Life Protection Act requires the Department of Fish and Wildlife to adopt a master plan to guide the adoption and implementation of the Marine Life Protection Program to protect the state’s marine life, habitat, and ecosystem, and decisions on siting new Marine Protected Areas and major modifications of existing Marine Protected Areas.

end delete

This bill would begin delete prohibit the use of chemical oil spill cleanup agents within the boundaries of California marine protected areas. end delete begin insert require the administrator, if dispersants are used in response to an oil spill, to submit to the Legislature a written justification for the use of dispersants and a report on the effectiveness of the dispersants used, as provided. end insert

(4) 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 begin delete gallons, end delete begin insert gallons end insert is only applicable to the amount of oil recovered and properly disposed of within 2 weeks of the start of the spill.

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 8670.11 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, begin insert to the extent
possible, end insert 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. 2.  

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, consulting current peer-reviewed
published scientific literature, study the use and effects of
dispersants, incineration, bioremediation, and any other methods
used to respond to a spill and, by January 1, 2017, update the
California Dispersant Plan. The study and plan shall periodically
be updated by the administrator, consulting current peer-reviewed
published scientific literature, 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 chemical,
bioremediation, and biological 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 chemical, bioremediation, and biological
agents to ensure they are used only in situations where the
administrator determines they are effective and safe.

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

begin delete

SEC. 3.  

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 all deepwater ports that may inform an area
rescue towing plan for the approaches to the ports.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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, cleanup, 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 achievable technology of equipment for oil spill prevention
and response, including, but not limited to, prevention and response
tugs, tractor tugs, salvage and marine firefighting tugs, oil spill
skimmers and barges, and protective in-water boom equipment.
The assessment shall include all of the following:

(A) Evaluation of begin delete equipment based on its estimated system
recovery potential. end delete begin insert estimated recovery system potential as a
methodology for rating equipment in comparison to effective daily
recovery capacity. end insert

(B)  begin delete Updating end delete begin insert If necessary, updating end insert the methodology for rating
equipment, such as oil containment, skimming, storage and oil and
water separation technologies, and an explanation of why the begin delete new end delete
begin insert chosen end insert methodology provides the best achievable protection.

(C) Evaluation of the most current oil spill and response
equipment for begin delete increase end delete begin insert increased end insert capability, including, but not
limited to, new generation, high-efficiency disc skimmers,
including high-efficiency skimming NOFI Current Busters, or
their equivalent, and Elastec grooved disc skimmers, or their
equivalent.

(D) Consideration of whether a 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 would lead to
increased capability to provide best achievable protection.

begin insert

(E) An independent vessel traffic risk assessment for all
deepwater ports that may inform an area rescue towing plan for
the approaches to the ports.

end insert

(2) In conducting the assessment, the administrator shall consult
the most recent peer-reviewed research on oil spill prevention and
response, including, but not limited to, research performed by the
Prince William Sound Regional Citizens’ Advisory Council as
well as estimated system recovery potential research done at
Genwest Systems, Inc., and Spiltec.

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

(c) (1) Based on the report prepared pursuant to subdivision
(b), the administrator shall update regulations governing the
adequacy of oil spill contingency plans for best achievable
technologies for oil spill prevention and response no later than
July 1, 2017.

(2) The updated regulations shall enhance the capabilities for
prevention, response, containment, cleanup, and wildlife
rehabilitation.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

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

begin delete

8670.13.3.  

Notwithstanding any law, chemical oil spill cleanup
agents shall not be used in response to an oil spill within the
boundaries of any California marine protected area established
pursuant to the Marine Life Protection Act (Chapter 10.5
(commencing with Section 2850) of Division 3 of the Fish and
Game Code).

end delete

begin insert

begin insert 8670.13.3. end insert   

end insert begin insert

If dispersants are used in response to an oil spill,
the administrator shall provide written justification for their use
to the Legislature within three days of the use. Within two months
of the use of dispersants, the administrator shall also provide a
report to the Legislature on the effectiveness of the dispersants
used, including, but not limited to, negative environmental impacts
caused by those dispersants. The written justification and report
shall be submitted pursuant to Section 9795.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 8670.28 of the Government Code is amended
to read:

8670.28.  

(a) The administrator, taking into consideration the
facility or vessel contingency plan requirements of the State Lands
Commission, the Office of the State Fire Marshal, the California
Coastal Commission, and other state and federal agencies, shall
adopt and implement regulations governing the adequacy of oil
spill contingency plans to be prepared and implemented under this
article. All regulations shall be developed in consultation with the
Oil Spill Technical Advisory Committee, and shall be consistent
with the California oil spill contingency plan and not in conflict
with the National Contingency Plan. The regulations shall provide
for the best achievable protection of waters and natural resources
of the state. The regulations shall permit the development,
application, and use of an oil spill contingency plan for similar
vessels, pipelines, terminals, and facilities within a single company
or organization, and across companies and organizations. The
regulations shall, at a minimum, ensure all of the following:

(1) All areas of state waters are at all times protected by
prevention, response, containment, and cleanup equipment and
operations.

(2) Standards set for response, containment, and cleanup
equipment and operations are maintained and regularly improved
to protect the resources of the state.

(3) All appropriate personnel employed by operators required
to have a contingency plan receive training in oil spill response
and cleanup equipment usage and operations.

(4) Each oil spill contingency plan provides for appropriate
financial or contractual arrangements for all necessary equipment
and services for the response, containment, and cleanup of a
reasonable worst case oil spill scenario for each area the plan
addresses.

(5) Each oil spill contingency plan demonstrates that all
protection measures are being taken to reduce the possibility of
an oil spill occurring as a result of the operation of the facility or
vessel. The protection measures shall include, but not be limited
to, response to disabled vessels and an identification of those
measures taken to comply with requirements of Division 7.8
(commencing with Section 8750) of the Public Resources Code.

(6) Each oil spill contingency plan identifies the types of
equipment that can be used, the location of the equipment, and the
time taken to deliver the equipment.

(7) Each facility, as determined by the administrator, conducts
a hazard and operability study to identify the hazards associated
with the operation of the facility, including the use of the facility
by vessels, due to operating error, equipment failure, and external
events. For the hazards identified in the hazard and operability
studies, the facility shall conduct an offsite consequence analysis
that, for the most likely hazards, assumes pessimistic water and
air dispersion and other adverse environmental conditions.

(8) Each oil spill contingency plan contains a list of contacts to
call in the event of a drill, threatened discharge of oil, or discharge
of oil.

(9) Each oil spill contingency plan identifies the measures to
be taken to protect the recreational and environmentally sensitive
areas that would be threatened by a reasonable worst case oil spill
scenario.

(10) Standards for determining a reasonable worst case oil spill.
However, for a nontank vessel, the reasonable worst case is a spill
of the total volume of the largest fuel tank on the nontank vessel.

(11) Each oil spill contingency plan specifies an agent for service
of process. The agent shall be located in this state.

(b) The regulations and guidelines adopted pursuant to this
section shall also include provisions to provide public review and
comment on submitted oil spill contingency plans.

(c) The regulations adopted pursuant to this section shall
specifically address the types of equipment that will be necessary,
the maximum time that will be allowed for deployment, the
maximum distance to cooperating response entities, the amounts
of dispersant, and the maximum time required for application,
should the use of dispersants be approved. Upon a determination
by the administrator that booming is appropriate at the site and
necessary to provide best achievable protection, the regulations
shall require that vessels engaged in lightering operations be
boomed prior to the commencement of operations.

(d) The administrator shall adopt regulations and guidelines for
oil spill contingency plans with regard to mobile transfer units,
small marine fueling facilities, and vessels carrying oil as secondary
cargo that acknowledge the reduced risk of damage from oil spills
from those units, facilities, and vessels while maintaining the best
achievable protection for the public health and safety and the
environment.

(e) The regulations adopted pursuant to subdivision (d) shall be
exempt from review by the Office of Administrative Law.
Subsequent amendments and changes to the regulations shall not
be exempt from review by the Office of Administrative Law.

(f) (1) The administrator shall develop and implement
regulations and guidelines requiring operators to allow begin delete immediate end delete
begin insert rapid end insert response to an oil spill by begin insert vessels of opportunity, including,
but not limited to, end insert contracted fishing vessels and fishing begin delete crews end delete
begin insert crews, end insert and begin delete providing for end delete begin insert provide the means for them to participate
in end insert regularly scheduled emergency begin delete drills end delete begin insert drills, equipment
deployment exercises, end insert and training in areas that include all of 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 regulations, the administrator shall
consider begin insert all vessel of opportunity programs, including, but not
limited to, end insert the fishing vessel training program funded and
maintained by Alyeska’s Ship Escort/Response Vessel System,
with regard to training, liability, insurance, compensation, and post
response vessel cleanup.

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

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.