BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1083 (Allen) - California oil spill contingency plan
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|Version: April 28, 2016 |Policy Vote: N.R. & W. 7 - 2, |
| | E.Q. 5 - 2 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 16, 2016 |Consultant: Narisha Bonakdar |
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This bill meets the criteria for referral to the Suspense File.
Summary: SB 1083 requires the communications element to be
developed by the administrator and included in the California
oil spill contingency plan.
Fiscal
Impact:
Unknown, but potentially significant costs to the Department
of Fish and Wildlife's Office of Oil Spill Prevention and
Response (OSPR).
Minor costs to the Office of Emergency Services (OES).
Background: 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
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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.
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.
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.
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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.
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.
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
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Beach response evaluations later this spring.
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.
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."
Proposed Law:
This bill:
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) Must appoint a lead public information officer
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or joint information center manager who is state
personnel.
(2) Must 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
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.
Staff
Comments: >
Proposed Author
Amendments: >
Recommended
Amendments: >
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