Amended in Assembly September 4, 2015

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 and 8670.13.3 end delete begin insert 8670.11, 8670.13.3, and 8670.55.1 end insert 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, begin delete to the extent possible, end delete to establish a schedule of drills and exercises that are required under the federal Salvage and Marine Firefighting regulations. begin delete The bill would require the administrator to develop and implement regulations and guidelines requiring operators to allow rapid response to an oil spill by vessels of opportunity and provide for the means for them to participate in regularly scheduled emergency drills, equipment deployment exercises, and training. end delete The bill would require the administrator, on or before begin delete July 1, 2016, end delete begin insert January 1, 2017, end insert to submit to the Legislature a report begin delete assessing, among other things, end delete begin insert assessing end insert the best achievable technology of equipment for oil spill begin delete prevention and response, 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, as provided, end delete begin insert prevention, preparedness, and response end insert and to update regulations begin delete based on the report before July 1, 2017. end delete begin insert governing the adequacy of oil spill contingency plans before July 1, 2018. The bill would require the administrator to direct the Harbor Safety Committees for various regions to assess, among other things, the presence and capability of tugs within their respective regions of responsibility to provide emergency towing of tank and nontank vessels to arrest their drift or guide emergency transit. end insert

(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 begin delete administrator to update the California Dispersant Plan by January 1, 2017, and, end delete begin insert administrator, end insert in conducting the study and updates, to consult current peer-reviewed published scientific literature. begin insert The bill would require the administrator, by May 1, 2016, to request that the federal California Dispersant Plan be updated, as provided, and to provide support and assistance in that regard. end insert

(3) The act requires the administrator to license oil spill cleanup agents for use in response to oil spills.

This bill would require the administrator, if dispersants are used in response to an oil spill, to submit to the Legislature a written begin delete justification for end delete begin insert notification of, and a written justification for, end insert the use of dispersants and a report on the effectiveness of the dispersants used, as provided.

begin insert

(4) Existing law establishes the Oil Spill Technical Advisory Committee and requires the committee to provide recommendations to, among other entities, the administrator on the implementation of the act.

end insert begin insert

This bill would require the committee to convene a taskforce to evaluate the feasibility of using vessels of opportunity for oil spill response. The bill would require the taskforce to provide recommendations to the administrator and the Legislature on whether vessels of opportunity should be included in oil spill response planning.

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 begin delete provide end delete begin insert eliminate end insert that begin delete the above end delete reduction in the penalty for begin delete 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. end delete begin insert the amount of oil recovered and properly disposed of. end insert

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 delete to the extent
possible, end delete 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 begin delete January 1, 2017, update end delete begin insert May 1,
2016, request that end insert the begin insert federal end insert California Dispersant begin delete Plan. end delete begin insert Plan be
updated pursuant to subdivision (d). end insert The study begin delete and plan end delete 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 with consideration of begin insert current
peer-reviewed published scientific literature and end insert any studies
performed by federal, state, and international entities. The
administrator may enter into contracts for the studies.

begin insert

(d) The administrator shall support the federal Regional
Response Team, as described in Section 300.115 of Title 40 of the
Code of Federal Regulations, in the development, and shall request
regular updates, of plans and procedures for use of dispersants
and other chemical agents in California. The administrator’s
assistance may include, but is not limited to, providing the federal
Regional Response Team with current peer-reviewed published
scientific literature, and risk and consequence analysis.

end insert

SEC. 3.  

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 begin delete July 1, 2016, end delete begin insert January 1, 2017, end insert the
administrator shall submit a report to the Legislature, pursuant to
Section 9795, assessing the best achievable technology of
equipment for oil spill begin delete 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: end delete begin insert prevention, preparedness, and response. end insert

begin delete

(A) Evaluation of

end delete

begin insert (2) end insert begin insert   end insert begin insert The report shall evaluate studies of end insert estimated recovery
system potential as a methodology for rating equipment in
comparison to effective daily recovery capacity.

begin delete

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

(C) Evaluation of the most current oil spill and response
equipment for increased 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.

(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.

(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.

end delete

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

(c) (1)  begin delete Based on end delete begin insert Including, but not limited to, end insert 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, begin delete 2017. end delete begin insert 2018. end insert

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

begin insert

(d) (1) The administrator shall direct the Harbor Safety
Committees, established pursuant to Section 8670.23, to assess
the presence and capability of tugs within their respective
geographic areas of responsibility to provide emergency towing
of tank vessels and nontank vessels to arrest their drift or otherwise
guide emergency transit.

end insert begin insert

(2) The assessments for harbors in the San Francisco Bay area
and in Los Angeles-Long Beach area shall be initiated by May 1,
2016. The assessments for the other harbors shall be initiated by
January 1, 2020.

end insert begin insert

(3) The assessment shall consider, but not be limited to, data
from available United States Coast Guard Vessel Traffic Systems,
relevant incident and accident data, any relevant simulation
models, and identification of any transit areas where risks are
higher.

end insert begin insert

(4) The assessment shall consider the condition of tank and
nontank vessels calling on harbors, including the United States
Coast Guard’s marine inspection program and port state control
program regarding risks due to a vessel’s hull or engineering
material deficiencies, or inadequate crew training and
professionalism.

end insert

SEC. 4.  

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

8670.13.3.  

If dispersants are used in response to an oil begin delete spill, end delete
begin insert spill in state waters, end insert the administrator shall provide written
begin delete justification for end delete begin insert notification of end insert their use to the Legislature within
three days of the use. begin insert The administrator shall provide the
Legislature with written justification of their use, including copies
of key supporting documentation used by the federal on-scene
coordinator and the federal Regional Response Team as soon as
those material are released. end insert Within two months of the use of
begin delete dispersants, end delete begin insert dispersants in state waters, end insert the administrator shall
also provide a report to the Legislature on the effectiveness of the
dispersants used, including, but not limited to, begin delete negative
environmental impacts caused by those dispersants. end delete begin insert results of any
available monitoring data to determine whether the dispersant use
resulted in overall environmental benefit or harm. end insert The written
begin delete justification end delete begin insert notification, justification, end insert and report shall be submitted
pursuant to Section 9795.

SEC. 5.  

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.

begin delete

(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 rapid
response to an oil spill by vessels of opportunity, including, but
not limited to, contracted fishing vessels and fishing crews, and
provide the means for them to participate in regularly scheduled
emergency drills, equipment deployment exercises, 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 all vessel of opportunity programs, including, but not
limited to, 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.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 8670.55.1 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 8670.55.1. end insert   

(a) The committee shall convene a taskforce,
including appropriate state and federal governmental
representatives, nongovernmental organizations, oil spill response
organizations, and commercial fishing and other potential vessels
of opportunity, to evaluate and make recommendations regarding
the feasibility of using vessels of opportunity for oil spill response
in marine waters. The evaluation shall examine the following:

(1) Appropriate functions of vessels of opportunity during an
oil spill.

(2) Appropriate management of a vessels of opportunity spill
response program.

(3) Vessels of opportunity equipment, training, and technology
needs.

(4) Liability and insurance.

(5) Compensation.

(b) As part of the evaluation, the taskforce shall hold two public
meetings, one in southern California and one in northern
California, prior to making final recommendations.

(c) (1) On or before January 1, 2017, the committee shall
provide to the administrator and to the Legislature final
recommendations on whether vessels of opportunity should be
included in oil spill response planning.

(2) The recommendations provided to the Legislature shall be
provided pursuant to Section 9795.

(d) If appropriate, the administrator, by January 1, 2018, shall
update regulations to provide for inclusion of vessels of opportunity
in the oil spill prevention, response, and preparedness program.

end insert

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

(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. begin delete 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. end delete

begin delete

(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.

end delete