BILL ANALYSIS Ó
SB 414
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Date of Hearing: June 29, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
SB
414 (Jackson) - As Amended June 19, 2015
SENATE VOTE: 35-2
SUBJECT: Oil spill response.
SUMMARY: Makes various changes to the Lempert-Keene-Seastrand
Oil Spill Prevention and Response Act (Act) relating to oil
spill response.
EXISTING LAW:
1)Requires the Administrator of the Office of Spill Prevention
and Response (OSPR), 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 clean-up.
2)Authorizes the Administrator to use volunteer workers in
response, containment, restoration, wildlife rehabilitation,
and clean-up efforts for oil spills in waters of the state.
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3)Requires the Administrator to evaluate the feasibility of
using commercial fishermen and other mariners for oil spill
containment and clean-up. Requires the study to examine the
following:
a) Equipment and technology needs.
b) Coordination with private response personnel.
c) Liability and insurance.
d) Compensation.
4)Requires the Administrator to study the use and effects of
dispersants, incineration, bioremediation, and any other
methods used to respond to a spill. Requires the study to be
updated periodically to ensure the best achievable protection.
5)Requires the Administrator to periodically evaluate the
feasibility of requiring new technologies to aid prevention,
response, containment, clean-up, and wildlife rehabilitation.
6)Requires operators of specified vessels and facilities to
submit to the Administrator an oil spill contingency plan.
Requires the Administrator to determine whether the plan meets
applicable requirements.
7)Requires 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
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California Coastal Commission, and other state and federal
agencies, to adopt regulations governing the adequacy of oil
spill contingency plans. Requires regulations to be developed
in consultation with the Oil Spill Technical Advisory
Committee, and not in conflict with the National Contingency
Plan. Requires regulations to provide for the best achievable
protection of waters and natural resources of the state
including standards set for response, containment, and
clean-up equipment and that operations are maintained and
regularly improved to protect the resources of the state.
8)Requires the responsible party to be strictly liable for
penalties for the spill on a per-gallon released basis.
Authorizes the amount of penalty to be reduced by the amount
of released oil that is recovered and properly disposed of.
THIS BILL:
1)Requires the Administrator to develop and implement
regulations for oil spill response organization to allow
immediate response to an oil spill by contracted fishing
vessels and fishing crews. Requires regularly scheduled
emergency drills and training in areas that include the
following:
a) Shoreline protection.
b) Towing boom and skimmers.
c) Working and minibarges.
d) Loading and unloading equipment from response barges.
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2)Requires the Administrator to evaluate the effectiveness of
bioremediation and biological agents in oil spill response and
recommend appropriate uses and limitations to ensure they are
only used in situations where the Administrator determines
they are effective and safe.
3)Requires the Administrator, in cooperation with the United
States Coast Guard, to 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.
4)Requires, on or before July 1, 2016, the Administrator to
submit a report to the Legislature assessing the best
available technology and equipment based on the estimated
system recovery potential 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.
5)Requires, in conducting the assessment, the Administrator to
consult the peer-reviewed 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.
6)Requires, no later than July 1, 2017, the Administrator to
establish standards, based on the report required in the bill,
for best achievable technologies for oil spill prevention and
response.
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7)Prohibits chemical oil spill clean-up agents from being used
in response to an oil spill within the waters of the state.
8)Requires the Administrator shall, by regulation, to 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. Requires the
Administrator to report to the Legislature every five years on
the regulations adopted and methodologies for rating
equipment.
9)Requires the Administrator to mandate all oil spill response
organizations to have in their response fleets specified
equipment including specific types of skimmers and a
prepositioned prevention and response tug.
10)Specifies, for spills greater than 500 gallons, the penalty
can 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 and
requires any increase in the amount of a penalty assessed for
an inland spill be deposited in the Environmental Enhancement
Fund.
FISCAL EFFECT: Unknown
COMMENTS:
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1)Refugio Oil Spill. On May 19, 2015, a pipeline owned by
Houston-based Plains All American Pipeline ruptured, spilling
up to 101,000 gallons of heavy crude oil along the Gaviota
coast in Santa Barbara County. It is estimated that as much as
21,000 gallons of the oil went down a storm culvert onto
cliffs and into the Pacific Ocean. The immediate oil spill
area stretched over nine miles of California coastline, and
tar balls have washed up as far as one hundred miles from the
spill site. The pipeline that ruptured, known as Line 901, is
a common carrier pipeline that transports oil that was
produced on platforms offshore in both state and federal
waters to be refined in Santa Maria or Kern County. On May 20,
2015, Governor Brown issued an emergency proclamation for
Santa Barbara County due to the effects of the oil spill.
Refugio State Beach and El Capitan State Beach have been
closed for over a month because of the oil spill. Fisheries
from Canada de Alegria to Coal Oil Point remain closed, which
has negatively impacted several commercial fisheries -
including lobster, crab, shrimp, halibut, urchin, squid,
whelk, and sea cucumber. The Oiled Wildlife Care Network has
recovered 192 dead birds and 106 dead marine mammals from the
spill to date. Dead marine mammals recovered included
dolphins, sea lions and seals. Sensitive habitat of the
California Least Tern and the Snowy Plover, birds protected by
the Endangered Species Act, has been damaged. Hotels, tour
outfits and other tourism businesses have experienced
cancelations and decreased bookings due to the spill. More
than 1,000 workers from local, state and federal agencies have
been working to clean up the beaches. Since May 20,
approximately 132 volunteers have participated in clean-up
efforts. 14,267 gallons of oily water have been recovered to
date.
2)The Act. The Act requires pipeline owners to develop, submit
and implement an Oil Spill Contingency Plan, and these plans
must not conflict with a National Contingency Plan. The Act
also requires the party who causes oil to be discharged in or
on the waters of the state to immediately report the spill to
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the California Office of Emergency Services and immediately
contain, clean-up, and remove the oil in the most effective
manner that minimizes environmental damage, and in accordance
with the applicable contingency plans, unless ordered
otherwise by the Coast Guard or the Administrator. Plains All
American Pipeline does have an Oil Spill Contingency Plan and
will pay for the over $92 million in clean-up costs that have
been incurred so far.
3)Best Achievable Protection. The Administrator is required to
evaluate the feasibility of requiring new technologies to aid
prevention, response, containment, clean-up, and wildlife
rehabilitation. In addition, the Administrator is required to
develop and update regulations to judge the adequacy of oil
spill response plans. These updates are designed to ensure
that the operator's oil spill response plans will create the
most robust response possible that achieves best achievable
protection. SB 414 has various requirements on oil spill
response organizations such as using fishermen and specified
equipment. However, while the Administrator does rate response
organizations, it does not place requirements on those
organizations. Requirements are placed on the operator who is
creating and implementing the oil spill response plan. In
addition, requirements are not technology specific, but based
on increased capability. The author and committee may wish to
consider amending the bill to require operators, rather than
the response organizations to have a fishing response program.
In addition, author and committee may wish to consider
amending the bill to require the Administrator to assess the
best achievable technology of equipment for oil spill
prevention and response instead of placing requirements on
response organizations and the Administrator. The assessment
should be required to do all of the following:
a) Consult the most recent peer-reviewed research;
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b) Evaluate equipment for estimated system recovery
potential;
c) Update the equipment rating methodology; and,
d) Evaluate the most current technology for increased
capacity.
The goal of the assessment will be to verify that best
achievable protection is being provided in case there is
another oil spill. The author and committee may also wish to
consider amending the bill to require the Administrator to
update regulations that judge operator's oil spill response
plans based on the findings of the assessment.
4)Dispersants. While OSPR does have the authority to use
dispersants, no dispersants were used in the Refugio oil spill
response, and the OSPR has not allowed dispersants to be used
in any oil spill since the creation of OSPR in 1991. A
National Academy of Sciences (NAS) review in 2005 concluded
that little to no evidence exists for the claims that
dispersants "reduce the impact of oil on shorelines," or
"reduce the impact to birds and mammals on the water surface."
The 2005 NAS study also found that older tests that displayed
enhanced biodegradation of chemical dispersants applied to oil
were flawed due to unrealistic conditions. There are also
concerns that dispersants may include chemicals known as
carcinogens and other toxins that may have significant impacts
on marine ecosystems. SB 414 prohibits chemical oil spill
clean-up agents from being used in response to an oil spill
within the waters of the state. The Act requires the
Administrator to evaluate dispersants and other chemical
agents and develop regulations on their use. However, it
remains unclear what chemical oil spill clean-up agents are
being prohibited by this bill besides dispersants. As the bill
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moves forward, the author may wish to define which chemical
agents should be banned besides dispersants and whether any
limited chemical agents use should be allowed.
5)Double Referral. This bill is double referred to the
Governmental Organization Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Audubon California
Azul
Black Surfers Collective
California Coastal Protection Network
California Coastkeeper Alliance
California Environmental Justice Alliance
California League of Conservation Voters
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Center for Biological Diversity
City of Goleta
Clean Water Action
Coastal Environmental Rights Foundation
Defenders of Wildlife
Environment California
Environmental Action Committee of West Marin
Environmental Defense Center
Friends of the Earth
Heal the Bay
Humboldt Baykeeper
National Parks Conservation Association
Natural Resources Defense Council
Ocean Conservancy
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Planning & Conservation League
Santa Barbara Channelkeeper
Sierra Club California
Surfrider Foundation
Surfrider Foundation, Santa Barbara Chapter
Surfrider Foundation, South Bay Chapter
Trust for Public Land
Wildlands Conservancy
Opposition
None on file
Analysis Prepared by:Michael Jarred / NAT. RES. / (916)
319-2092
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