BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                               Senator Wieckowski, Chair
                                 2015 - 2016  Regular 
           
          Bill No:            SB 1083
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          |Author:    |Allen                                                |
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          |Version:   |3/31/2016              |Hearing      |4/20/2016       |
          |           |                       |Date:        |                |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Rachel Machi Wagoner                                 |
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          SUBJECT:  California oil spill contingency plan

            ANALYSIS:

          Existing federal law, under the Clean Water Act:


          1) Prohibits the discharge of any pollutant from a point source  
             into navigable waters, unless a permit was obtained.  


          2) Requires the United States Environmental Protection Agency (US  
             EPA) to regulate discharges of pollutants into the waters of the  
             United States and regulating quality standards for surface  
             waters by implementing pollution control programs such as  
             setting wastewater standards and setting water quality standards  
             for all contaminants in surface waters.


          3) Establishes the National Oil and Hazardous Substances Pollution  
             Contingency Plan (Title 40, Code of Federal Regulations, Part  
             300 (40 CFR §300)) as the planning and response framework for  
             oil spills, including the establishment of regional and area  
             contingency plans, establishing a system that brings together  
             the functions of the federal government, the state (and local)  
             government, and the responsible party to achieve "an effective  
             and efficient response, where the on-scene coordinator maintains  
             authority." This is the "unified command" and no single agency  
             has sole jurisdictional authority to direct all aspects of a  
             major emergency.







          SB 1083 (Allen)                                         Page 2 of ?
          
          

          Existing California law, under the Lempert-Keene-Seastrand Oil  
          Spill Prevention and Response Act:


          1) Establishes the Office of Oil Spill Prevention and Response  
             (OSPR) in the California Department of Fish and Wildlife.



          2) Requires the OSPR administrator to implement activities relating  
             to oil spill response and to represent the state in any  
             coordinated response efforts with the federal government.  
          This bill:  requires a communications element to be developed by  
          the administrator and included in the California oil spill  
          contingency plan.  

          Specifically:

          1)Requires the communications element provide the framework for  
            efficient and timely communications with the unified command  
            across all levels of government and with the public, as  
            specified.  The communications element:

             a)   Establishes a process for developing and maintaining a  
               database of local public information officers in each coastal  
               county.

             b)   Establishes a process to ensure timely and accurate  
               information is provided to news and social media consistent  
               with the following:

               i)     When the OSPR administrator has the authority to do so,

                  (1)                                 Shall appoint a lead  
                    public information officer or joint information center  
                    manager who is state personnel.

                  (2)                                 Shall retain final  
                    approval authority for news releases or other material  
                    created on behalf of the unified command for the purpose  
                    of communicating with the public.

             c)   Establishes a mechanism to ensure critical information is  
               shared from the local level to the unified command, as  








          SB 1083 (Allen)                                         Page 3 of ?
          
          
               specified.

             d)   Establishes a process for early community outreach in spill  
               affected areas that ensures the public has up-to-date and  
               timely information on the spill including information on the  
               responsible party and the right of affected parties to file  
               claims against the responsible party.

          2)Requires that this element be incorporated within the California  
            oil spill contingency planning framework established by federal  
            and state law and regulation to the extent feasible.

            Background
          
          1) Contingency Plans.  The national contingency plan establishes a  
             response management structure that brings together the functions  
             of the federal government, the state (and local) government, and  
             the responsible party.  This is the "unified command" and no  
             single agency has sole jurisdictional authority to direct all  
             aspects of a major emergency.

             For large oil spills, the unified command includes a federal  
             on-scene coordinator (the US Coast Guard for marine spills), a  
             state on-scene coordinator (identified below) and the  
             responsible party (for the spill).  If federal assistance is not  
             required, incident command may be composed of members from state  
             and local government and the responsible party.  The on-scene  
             coordinator in charge, generally the federal coordinator,  
             retains ultimate authority for decisions related to oil spill  
             response.

             In the event of an oil spill, the on-scene coordinator is  
             directed to collect pertinent facts about the release, the  
             nature, amount and location of the amount released and other  
             relevant factors (see 40 CFR §300.135).  The on-scene  
             coordinator is also required to ensure that all appropriate  
             public and private interests are kept informed and that their  
             concerns are considered throughout a response, to the extent  
             practicable.

             Incidents may have their own incident-specific team, and who is  
             in charge and the number of personnel involved will vary  
             depending upon the circumstances.  With limited exception,  
             responsible parties can hold many jobs within incident command. 









          SB 1083 (Allen)                                         Page 4 of ?
          
          
             The regional contingency plan for California includes  
             neighboring states.  Within California, designated locations for  
             area contingency planning include the ports of Los Angeles/Long  
             Beach and the nearby vicinity.  The area contingency planning  
             process is open to all stakeholders and includes agencies from  
             all levels of government, industry and environmental groups.

          2) Precipitating Event.  On May 19, 2015 a pipeline owned by Plains  
             All American Pipeline (Line 901) ruptured spilling a  
             then-reported 101,000 gallons of heavy crude oil along the  
             Gaviota coast in Santa Barbara County.  An estimated 21,000  
             gallons of oil from the pipe ended up in the water at Refugio  
             Beach.  Oil from the spill ended up dispersing along the coast  
             of Southern California.  Approximately one week after the  
             initial spill, tar balls started washing up on Manhattan Beach,  
             more than 100 miles south.  An eight-mile stretch from El  
             Segundo to Torrance Beach was closed.  The composition of these  
             tar balls matched the oil from the Refugio Beach spill. 

             The Office of Pipeline Safety in the Pipeline and Hazardous  
             Materials Safety Administration (PHMSA) of the US Department of  
             Transportation released a "Preliminary Factual Report" on the  
             Line 901 failure in February 2016.  While noting that PHMSA  
             continues to investigate the May 19, 2015 failure, preliminary  
             findings "indicate that the root cause of the Line 901 failure  
             was external corrosion".  The total amount of the spill appears  
             to remain uncertain.  Initial estimates were 2,400 barrels  
             (about 100,800 gallons) but the operator later reported to PHMSA  
             that it was 2,960 (about 124,320 gallons) (without  
             documentation).  A final report is expected in spring 2016.   
             Both OSPR and the US Coast Guard are expected to release Refugio  
             Beach response evaluations later this spring.

          3) Communication barriers are not isolated to this incident.   
             Issues with local public communication were also an identified  
             issue in the response to the M/V Cosco Busan incident in San  
             Francisco Bay.  While each incident's circumstances are unique,  
             the reports reviewing response noted that improvements were  
             recommended in information sharing with local governments, for  
             example, and that local stakeholders need to be familiar with  
             the area contingency plan.  Apparently not all local governments  
             had been actively participating in the area contingency planning  
             process.
            
          Comments








          SB 1083 (Allen)                                         Page 5 of ?
          
          
          
          1) Purpose of Bill.  According to the author, "SB 1083 will  
             strengthen oil spill contingency planning by requiring the  
             Office of Spill Prevention and Response to add a communications  
             element to the State's Oil Spill Contingency plan in an effort  
             to ensure local communities have more timely and accurate  
             information in the wake of an oil spill."

             The author notes that OSPR responded promptly when tar balls hit  
             Manhattan Beach, but notes that "the South Bay communities  
             impacted by the tar balls lacked critical information to ensure  
             their impacts were addressed in a timely fashion."

             "When local residents obtained modelling data showing oil from  
             the leak would likely land on South Bay beaches, they lacked a  
             means to effectively communicate with state responders before  
             the tar balls landed.  Community leaders also struggled to  
             ensure volunteers had the necessary information to ensure they  
             could safely assist in the cleanup. Local business leaders who  
             were economically impacted by the spill were not even made aware  
             that the tar balls were a result of the spill and they could  
             file a claim for damages."
            
          DOUBLE REFERRAL:  

            This measure was heard in Senate Natural Resources and Water  
          Committee on 
          March 29, 2016, and passed out of committee with a vote of 7-2.
          
          SOURCE:                    Author  





           SUPPORT: 
                         
          California Coastal Protection Network
          Defenders of Wildlife
          Sierra Club California
           
           OPPOSITION:    

          California Chamber of Commerce
          California Independent Petroleum Association








          SB 1083 (Allen)                                         Page 6 of ?
          
          
          California Manufacturers & Technology Association
          Pacific Merchant Shipping Association
          Western States Petroleum Association
           

           ARGUMENTS IN  
          OPPOSITION:    The opposition argues that "it's unclear what  
          problem SB 1083 is attempting address.  The bill is unnecessary  
          would compromise federal laws that are designed to ensure a  
          coordinated response between RPs and the appropriate agencies.   
          It's important for operators and vessels, if they become an RP, to  
          work closely with federal, state and local entities to effectively  
          carry out the response plan in a timely and coordinated fashion.   
          SB 1083 goes against that very coordination that is needed among  
          federal, state and local entities?."  
           



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