BILL NUMBER: AB 1130 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2007
INTRODUCED BY Assembly Member Laird
FEBRUARY 23, 2007
An act to add Article 4.5 (commencing with Section 6880)
to Chapter 3 of Part 2 of Division 6 of the Public Resources Code,
relating to state lands. An act to amend Sections
25270, 25270.2, 25270.3, 25270.6, 25270.8, 25270.12, 25270.13, 25404,
and 25404.5 of, to add Section 25270.4.5 to, to repeal Sections
25270. 7 and 25270.10 of, and to repeal and add Sections
25270.4, 25270.5, 25270.9, and 25270.11 of, the Health and Safety
Code, relating to aboveground storage tanks, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1130, as amended, Laird. State lands: decommissioning
of offshore oil platforms. Aboveground storage tanks.
(1) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program. A city or local agency that
meets specified requirements is authorized to apply to the secretary
to implement the unified program, and every county is required to
apply to the secretary to be certified to implement the unified
program.
The Aboveground Petroleum Storage Act defines, for purposes of the
act, a "storage tank" as any aboveground tank or container used for
the storage of petroleum, except as specified. Existing law requires
the State Water Resources Control Board and the California regional
water quality control boards to administer the act with regard to a
tank facility that is subject to specified federal regulations and
requires a certified unified program agency to enforce the
requirements of the act regarding a spill prevention control and
countermeasure plan. Existing law imposes specified inspection and
monitoring requirements upon the board and the regional boards with
regard to these tanks and requires a tank facility owner or operator
to file a storage statement with the board. Existing law establishes
the Environmental Protection Trust Fund in the State Treasury and
provides that the money in the fund is available for expenditure by
the board, upon appropriation by the Legislature, for specified
purposes.
This bill would instead require the unified program agency (UPA)
to implement that act, and would make conforming changes.
The bill would define the term "aboveground storage tank" and
would revise the types of storage tanks subject to the act. A storage
tank at a tank facility subject to specified federal regulations
would be required to prepare a spill prevention control and
countermeasure plan and a tank facility located on a farm, nursery,
logging site, or construction site that is less than a specified
capacity would be required to be subject to inspections and secondary
containment requirements.
The bill would require the UPA to inspect, at least once every 3
years, each storage tank within its jurisdiction that has a storage
capacity of 10,000 gallons or more of petroleum, except as specified.
The owner or operator of a tank facility would be required to file
an annual tank facility statement with the local agency, accompanied
by a fee established by the UPA.
The board, the regional board, and the UPA would be required to
oversee the cleanup or abatement efforts, or to cause cleanup or
abatement efforts, with regard to a release from a storage tank at a
tank facility.
Any expenses recovered by the board or a regional board in
overseeing, or contracting for, a cleanup or abatement would be
required to be deposited in the State Water Pollution Cleanup and
Abatement Account, for expenditure by the board, as specified,
thereby making an appropriation.
The bill would impose a state-mandated local program by imposing
new duties upon local agencies with regard to the regulation of
aboveground storage tanks.
The bill would appropriate a portion of the money in the
Environmental Protection Trust Fund, as of January 1, 2008, in an
amount determined by the Secretary of Environmental Protection in
consultation with the UPAs to a training account established and
maintained by the secretary to be used for purposes of training UPA
personnel in the bill's requirements of this chapter, and would
appropriate all remaining funds to the UPAs to implement the bill's
requirements, thereby making an appropriation.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law authorizes the State Lands Commission to lease
tidelands and submerged lands for the extraction of oil and gas.
This bill would authorize an owner or operator of an offshore oil
platform to request, in writing, that the State Lands Commission
approve an alternative to the complete removal of an offshore oil
platform when the extraction of oil has become uneconomical. Upon
commitment by an owner or operator to pay the state's cost of
determining the advantages and disadvantages of complete removal of a
platform or alternatives to complete removal, the commission shall
initiate a process, in cooperation with the owner or operator, the
Department of Fish and Game, any affected counties, regulatory
agencies, and interested persons, to determine whether any of the
alternatives are preferred.
The bill would create the Ocean Resources Fund in the State
Treasury to receive specified payments from an owner or operator.
Upon appropriation by the Legislature, moneys in the fund would be
required to be expended only for purposes of the act.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25270 of the Health
and Safety Code is amended to read:
25270. The Legislature finds and declares all of the following:
(a) There are 65,000 4,5 00
or more aboveground tanks in the state which
that hold a variety of dangerous substances
which that may pose minor to very
serious threats to the environment and the public.
(b) Aboveground storage tanks have been found to leak and spill
into the ground and water, causing major contamination problems. In
one event alone, in Martinez, California, during April 1988, an
estimated 400,000 gallons of crude oil were spilled into sensitive
marshes, Suisun Bay, and the Bay Delta Estuary, causing major damage
to the ecosystem in the area.
(c) Among the causes for environmental damage resulting from
aboveground tanks are leaks and spills from tanks due to advanced
age, defects in design or installation, human error, and equipment
failure.
(d) While there exists a statewide program for determining the
amount and type of hazardous substances being stored in underground
tanks, there does not exist a similar program to commence to address
the problems posed by aboveground tanks.
(e) The ability to reduce the incidence and damage from hazardous
spills and leaks depends upon preventive steps taken by industry and
monitoring agencies. The federal government, which has
traditionally monitored aboveground tank installations, is presently
experiencing a severe budget and personnel shortage devoted to the
function of inspecting aboveground tanks.
(f) The health of California's people, wildlife, fish, and
vegetation depend upon a clean environment.
(g) It is necessary to protect the state's people and natural
resources by establishing maintaining a
program of inspecting aboveground petroleum storage tanks that
pose a serious threat to the environment .
SEC. 2. Section 25270.2 of the Health
and Safety Code is amended to read:
25270.2. For purposes of this chapter, the following definitions
apply:
(a) "Aboveground storage tank" or "storage tank" means a tank that
has the capacity to store 55 gallons or more of petroleum and that
is substantially or totally above the surface of the ground.
"Aboveground storage tank" does not include any of the following:
(1) A pressure vessel or boiler that is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
(2) A tank containing hazardous waste, as defined in subdivision
(g) of Section 25316, if the Department of Toxic Substances Control
has issued the person owning or operating the tank a hazardous waste
facilities permit for the storage tank.
(3) An aboveground oil production tank that is subject to Section
3106 of the Public Resources Code.
(4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
(A) The equipment contains less than 10,000 gallons of dielectric
fluid.
(B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
(5) A tank regulated as an underground storage tank under Chapter
6.7 (commencing with Section 25280) and Chapter 16 (commencing with
Section 2610) of Division 3 of Title 23 of the California Code of
Regulations.
(6) Any transportation-related tank facility, subject to the
authority and control of the United States Department of
Transportation, as defined in the Memorandum of Understanding between
the Secretary of Transportation and the Administrator of the United
States Environmental Protection Agency, dated November 24, 1971, set
forth in Appendix A to Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
(a)
(b) "Board" means the State Water Resources Control
Board.
(b)
(c) (1) "Certified Unified Program Agency"
or "CUPA" means the agency certified by the Secretary for
Environmental Protection to implement the unified program specified
in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(2) "Participating Agency" or "PA" means an agency which
that has a written agreement with the CUPA
pursuant to subdivision (d) of Section 25404.3, and is approved by
the secretary, to implement and enforce the unified
program element specified in paragraph (2) of subdivision (c) of
Section 25404, in accordance with Sections 25404.1 and 25404.2.
(3) (A) "Unified Program Agency" or "UPA"
means the CUPA, or its participating agencies to the extent that
each PA has been designated by the CUPA, pursuant to a written
agreement, to implement and enforce the unified program
element specified in paragraph (2) of subdivision (c) of Section
25404. For purposes of this chapter, the UPAs have the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to enforce only those requirements
of this chapter listed in paragraph (2) of subdivision (c) of Section
25404. The UPAs also have the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce
the regulations adopted to implement the requirements of
this chapter listed in paragraph (2) of subdivision (c) of
Section 25404. After .
(B) After a CUPA has been
certified by the secretary, the unified program agencies
agency shall be the only local agencies
agency authorized to enforce the requirements
of this chapter listed in paragraph (2) of subdivision (c)
of Section 25404 within the jurisdiction of the CUPA .
This section .
(C) This paragraph shall not be
construed to limit the authority or responsibility granted to the
board and the regional boards by this chapter to implement
and enforce this chapter and the regulations adopted pursuant there
to .
(c) "Fund" means the Environmental Protection Trust Fund
established pursuant to Section 25270.11.
(d) "Operator" means the person responsible for the overall
operation of a tank facility.
(e) "Owner" means the person who owns the tank facility or part of
the tank facility.
(f) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the University of California,
the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal
law.
(g) "Petroleum" means crude oil, or any fraction thereof, which is
liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
square inch absolute pressure.
(h) "Regional board" means a California regional water quality
control board.
(i) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.
(j) "Secretary" means the Secretary for Environmental Protection.
(j)
(k) "Storage" or "store" means the containment,
handling, or treatment of petroleum, for any period of time,
including on a temporary basis.
(k) "Storage tank" means any aboveground tank or container used
for the storage of petroleum. "Storage tank" does not include any of
the following:
(1) A pressure vessel or boiler which is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
(2) A storage tank containing hazardous waste, as defined in
subdivision (g) of Section 25316, if the person owning or operating
the storage tank has been issued a hazardous waste facilities permit
for the storage tank by the department.
(3) An aboveground oil production tank which is subject to Section
3106 of the Public Resources Code.
(4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
(A) The equipment contains less than 10,000 gallons of dielectric
fluid.
(B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
(l) "Storage capacity" means the aggregate capacity of all
aboveground tanks at a tank facility.
(l)
(m) "Tank facility" means any one, or combination of,
aboveground storage tanks, including any piping which
that is integral to the tank, which
that contains petroleum and which
that is used by a single business entity at a
single location or site. For purposes of this chapter, a pipe is
integrally related to an aboveground storage tank if the pipe is
connected to the tank and meets any of the following:
(1) The pipe is within the dike or containment area.
(2) The pipe is between the containment area and the first flange
or valve outside the containment area.
(3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area.
SEC. 3. Section 25270.3 of the Health
and Safety Code is amended to read:
25270.3. (a)
Except as provided in subdivision (b), a A tank
facility is subject to this chapter if either of the
following conditions apply:
(1) The
the tank facility is subject to the oil pollution
prevention regulations specified in Part 112 (commencing with Section
112.1) of Subchapter D of Chapter I of Title 40 of the Code of
Federal Regulations .
(2) (A)The
or the tank facility has a storage capacity of
10,000 1,320 gallons or more of
petroleum.
(B) Notwithstanding subparagraph (A), a tank facility located on a
farm, nursery, logging site, or construction site is not subject to
the requirements of subdivision (c) of Section 25270.5 if no storage
tank at the location exceeds 20,000 gallons and the cumulative
storage capacity of the tank facility does not exceed 100,000
gallons.
(b) This chapter does not apply to any tank facility, or portion
of a tank facility, subject to Section 3106 of the Public Resources
Code.
SEC. 4. Section 25270.4 of the Health
and Safety Code is repealed.
25270.4. (a) Except as provided in subdivision (b), the board
and the regional board shall administer this chapter with regard to a
tank facility, or a portion of a tank facility, which is subject to
Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I
of Title 40 of the Code of Federal Regulations, except for that
portion of a tank facility associated with the production of oil,
which shall be supervised by the Division of Oil and Gas of the
Department of Conservation pursuant to Section 3106 of the Public
Resources Code.
(b) (1) If there is a certified unified program agency in a
jurisdiction, the unified program agency shall enforce the
requirements of subdivision (c) of Section 25270.5, pursuant to the
provisions of Sections 25404.1 and 25404.2.
(2) On and after January 1, 1997, if there is no CUPA, the
requirements of subdivision (c) of Section 25270.5 shall be enforced
by the agency authorized pursuant to subdivision (f) of Section
25404.3.
SEC. 5. Section 25270.4 is added to the
Health and Safety Code , to read:
25270.4. This chapter shall be implemented by the Unified Program
Agency. If there is no UPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3 shall be deemed to be the UPA for
purposes of this chapter and shall implement this chapter.
SEC. 6. Section 25270.4.5 is added to the
Health and Safety Code , to read:
25270.4.5. (a) Except as provided in subdivision (b), each owner
or operator of a storage tank at a tank facility subject to this
chapter shall prepare a spill prevention control and countermeasure
plan prepared in accordance with Part 112 (commencing with Section
112.1) of Subchapter D of Chapter I of Title 40 of the Code of
Federal Regulations. Each owner or operator specified in this
subdivision shall conduct periodic inspections of the storage tank to
assure compliance with Section 112 (commencing with Section 112.1)
of Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations. In implementing the spill prevention control and
countermeasure plan, each owner or operator specified in this
subdivision shall fully comply with the latest version of the
regulations contained in Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
(b) A tank facility located on a farm, nursery, logging site, or
construction site is not subject to subdivision (a) if no storage
tank at the location exceeds 20,000 gallons and the cumulative
storage capacity of the tank facility does not exceed 100,000
gallons. The owner or operator of a tank facility exempt pursuant to
this subdivision shall take the following actions:
(1) Conduct a daily visual inspection of any storage tank storing
petroleum.
(2) Allow the UPA to conduct a periodic inspection of the tank
facility.
(3) Install a secondary means of containment for the entire
contents of the largest storage tank at the tank facility, plus
sufficient space for precipitation, if the UPA determines this
installation is necessary for the protection of the waters of the
state.
SEC. 7. Section 25270.5 of th e
Health and Safety Code is repealed.
25270.5. (a) By January 1, 1991, the board shall adopt a
schedule for the inspection of tank facilities subject to this
chapter. In adopting this schedule, the board shall give special
attention to those tank facilities which are near navigable waters,
potable water supplies, or sensitive ecosystems, such as wetlands and
marshes.
(b) Each regional board shall conduct periodic inspections of
either each storage tank or a representative sampling of the storage
tanks at each tank facility in accordance with the schedule
determined by the board pursuant to subdivision (a) for compliance
with the spill prevention and countermeasure plan.
(c) Except as provided in subparagraph (B) of paragraph (2) of
subdivision (a) of Section 25270.3, each owner or operator of a
storage tank at a tank facility subject to this chapter shall prepare
a spill prevention control and countermeasure plan prepared in
accordance with the guidelines contained in Part 112 of Title 40 of
the Code of Federal Regulations. In meeting the requirement to
prepare a spill prevention control and countermeasure plan, the owner
or operator may, if he or she elects to do so, use the format
adopted pursuant to Section 25503.4. Each owner or operator specified
in this subdivision shall conduct periodic inspections of the
storage tanks to assure compliance with Section 112.7 of Title 40 of
the Code of Federal Regulations. In implementing the spill prevention
control and countermeasure plan, each owner or operator specified in
this subdivision shall fully comply with the latest version of the
regulations contained in Part 112 of Title 40 of the Code of Federal
Regulations.
(d) The owner or operator of a tank facility specified in
subparagraph (B) of paragraph (2) of subdivision (a) of Section
25270.3 shall take all of the following actions:
(1) Conduct daily visual inspections of any tank storing
petroleum.
(2) Allow the regional board to conduct periodic inspections of
the tank facility.
(3) Install a secondary means of containment for the entire
contents of the largest tank at the tank facility, plus sufficient
space for precipitation, if the regional board determines this
installation is necessary for the protection of the waters of the
state.
SEC. 8. Section 25270.5 is added to the
Health and Safety Code , to read:
25270.5. (a) Except as provided in subdivision (b), at least once
every three years, the UPA shall inspect each storage tank or a
representative sampling of the storage tanks at each tank facility
that has a storage capacity of 10,000 gallons or more of petroleum.
The purpose of the inspection shall be to determine whether the owner
or operator is in compliance with the spill prevention control and
countermeasure plan requirements of this chapter.
(b) The UPA may develop an alternative inspection and compliance
plan, subject to approval by the secretary.
(c) An inspection conducted pursuant to this section does not
require the oversight of a professional engineer.
SEC. 9. Section 25270.6 of the Health
and Safety Code is amended to read:
25270.6. (a) On or before July 1, 1990
January 1, 2009 , and on or before July 1 of every two
years January 1 annually thereafter, each owner
or operator of a tank facility subject to this chapter shall file
with the board UPA a storage
statement which tank facility statement that
shall identify the name and address of the tank facility, a contact
person for the tank facility, the total storage capacity of the tank
facility, and the location, size, age, and contents of each
storage tank that exceeds 10,000 gallons in capacity and
which that holds a substance containing
at least 5 percent of petroleum. A copy of a statement submitted
previously pursuant to this section may be submitted in lieu of a new
storage tank facility statement if no
new or used storage tanks have been added to the facility or if no
significant modifications have been made. For purposes of this
section, a significant modification includes, but is not limited to,
altering existing storage tanks or changing spill prevention or
containment methods.
(b) Each storage statement submitted pursuant to subdivision (a)
shall be accompanied by a fee in accordance with the following
schedule:
Total Tank Facility
Storage Capacity Per Facility Fee
Less than 10,000 gallons $ 100
10,000-100,000 gallons 200
100,001-1,000,000 gallons 400
1,000,001-10,000,000 gallons 1,600
10,000,001-100,000,000 gallons 8,000
100,000,001 or more gallons 30,000
(b) On or before January 1, 2010, and on or before January 1 of
each year thereafter, each owner or operator of a tank facility who
is required to submit a tank facility statement pursuant to
subdivision (a) shall pay a fee to the UPA. The governing body of the
UPA shall establish a fee, as part of the single fee system
implemented pursuant to Section 25404.5, at a level sufficient to pay
the necessary and reasonable costs incurred by the UPA in
administering this chapter, including but not limited to,
inspections, enforcement, and administrative costs. The UPA may
provide for a waiver of these fees when a state or local government
agency submits a tank facility statement.
(c) The fees collected pursuant to this section shall be deposited
in the fund until the total sum in the fund equals seven million
five hundred thousand dollars ($7,500,000) in any one year.
If fees in excess of seven million five hundred thousand dollars
($7,500,000) are collected by the board, a pro rata share of the
excess shall be returned to the owners or operators who paid the fee,
or at the option of the owner or operator, credited to their account
for a subsequent year. Expenses recovered pursuant to Section
25270.9, and penalties collected pursuant to Section 25270.12, shall
not be available for return or credit to owners or operators pursuant
to this subdivision. The board shall annually revise the sum of
seven million five hundred thousand dollars ($7,500,000) to reflect
the change in the cost of living in the state.
SEC. 10. Section 25270.7 of the Health
and Safety Code is repealed.
25270.7. (a) Except as provided in subdivision (e), the owner or
operator of a tank facility which meets the requirements of
subdivision (b) or (c) shall establish and maintain a monitoring
program pursuant to subdivision (b) or (c), as applicable, which
shall be approved by the regional board, to detect releases to the
soil and water, including both groundwater and surface water. The
owner or operator shall establish the required monitoring program in
accordance with the requirements and a schedule prescribed by the
regional board. However, if the regional board requires a monitoring
program, the program shall be implemented as soon as feasible, but
not later than 360 days from the date of notification by the regional
board that a monitoring program is required. The owner or operator
subject to this section shall designate a schedule for monitoring and
the sample locations, which shall be approved by the regional board.
The owner or operator shall make the monitoring results available to
the regional board and the Department of Fish and Game.
(b) Each owner or operator of a tank facility subject to this
chapter which, because of the tank location, tank size,
characteristics of the petroleum being stored or the spill
containment system, has the potential to impact surface waters or
sensitive ecosystems, as determined by the regional board, shall do
either of the following:
(1) Install and maintain a system, approved by the regional
board, to detect releases into surface waters or sensitive
ecosystems.
(2) If any discharge from a tank facility flows, or would
reasonably be expected to flow, to surface waters or a sensitive
ecosystem, allow a drainage valve to be opened and remain open only
during the presence of an individual who visually observes the
discharge.
(c) Each owner or operator of a tank facility subject to this
chapter which, because of the tank facility location, tank size, or
characteristics of the petroleum being stored (16 degrees API or
lighter), has the potential to impact the beneficial uses of the
groundwater, as determined by the regional board, and which is not
required to have a groundwater monitoring program at the tank
facility pursuant to any other federal, state, or local law, shall do
any of the following:
(1) Install a tank facility groundwater monitoring system which
will detect releases of petroleum into the groundwater, as approved
by the regional board.
(2) Install and maintain a tank foundation design which will
provide for early detection of releases of petroleum before reaching
the groundwater, as approved by the regional board.
(3) Implement a tank water bottom monitoring system and maintain
a schedule which includes a log or other record which will identify
or indicate releases of petroleum before reaching the groundwater, as
approved by the regional board.
(4) Use other methods which will detect releases of petroleum
into or before reaching the groundwater, as approved by the regional
board.
(d) Tank owners or operators shall report all positive findings
from the detection systems required by subdivision (c) to the
appropriate regional board within 72 hours after learning of the
finding.
(e) This section does not apply to any tank whose exterior
surface, including connecting piping, and the floor directly beneath
the tank, can be monitored by direct viewing.
SEC. 11. Section 25270.8 of the Health
and Safety Code is amended to read:
25270.8. Each owner or operator of a tank facility shall
immediately, upon discovery, notify the Office of Emergency Services
and the UPA using the
appropriate 24-hour emergency number or the 911 number, as
established by the UPA, or by the governing body of the UPA, of
the occurrence of a spill or other release of one barrel (42
gallons) or more of petroleum which that
is required to be reported pursuant to subdivision (a) of
Section 13272 of the Water Code. The owner or operator shall
notify the local responding agency or the 911 emergency system when
the operator determines that emergency response assistance is
required.
SEC. 12. Section 25270.9 of the Health
and Safety Code is repealed.
25270.9. The board, the regional board, and the Department of
Fish and Game may use funds appropriated pursuant to Section 25270.11
to oversee the cleanup or abatement efforts, or to cause cleanup or
abatement efforts, in the event of a release from a storage tank at a
tank facility.
The reasonable expenses of the board, the regional board, and the
Department of Fish and Game incurred in overseeing or contracting for
cleanup or abatement efforts which result from a leak or spill at a
tank facility are a charge against the owner or operator of the tank
facility. Expenses reimbursable to a public agency under this section
are a debt of the tank facility owner or operator, and shall be
collectible in the same manner as in the case of an obligation under
contract, express or implied. The expenses recovered pursuant to this
section shall be deposited in the fund.
SEC. 13. Section 25270.9 is added to the
Health and Safety Code , to read:
25270.9. (a) The board, the regional board, and the UPA shall
oversee cleanup or abatement efforts, or cause cleanup or abatement
efforts, of a release from a storage tank at a tank facility. The UPA
may refer the oversight or cleanup of a release from a storage tank
at a tank facility to a regional board for action, if appropriate,
pursuant to Division 7 (commencing with Section 13000) of the Water
Code.
(b) The reasonable expenses of the board, the regional board, and
the UPA incurred in overseeing, or contracting for, a cleanup or
abatement that results from a release at a tank facility is a charge
against the owner or operator of the tank facility. Expenses
reimbursed to a public agency under this section are a debt of the
tank facility owner or operator, and shall be collected in the same
manner as in the case of an express or implied obligation under
contract.
(c) Notwithstanding Article 3 (commencing with Section 13440) of
Division 7 of the Water Code, the expenses recovered by the board or
a regional board pursuant to this section shall be deposited in the
State Water Pollution Cleanup and Abatement Account and may be
expended by the board in accordance with Section 13441 of the Water
Code.
(d) The expenses recovered by the UPA pursuant to this section
shall be deposited in an account maintained by the UPA for the
purposes of carrying out this chapter.
SEC. 14. Section 25270.10 of the Health
and Safety Code is repealed.
25270.10. (a) The board and the regional board shall
periodically submit to the University of California, and publish in
the State Contracts Register, a list or description of those areas of
research needed by the state and private industry to better assess
soil and water contamination by leaking storage tanks.
(b) The board may award grants on a competitive bid basis, to
qualified persons to conduct research in areas determined pursuant to
subdivision (a).
SEC. 15. Section 25270.11 of the Health
and Safety Code is repealed.
25270.11. (a) There is hereby established in the State Treasury
the Environmental Protection Trust Fund. The money in the fund is
available for expenditure by the board, upon appropriation by the
Legislature, for the following purposes:
(1) Inspections of tank facilities.
(2) Training of inspectors of tank facilities.
(3) Oversight of, or causing, the cleanup or abatement of a
release pursuant to Section 25270.9, including transfer to the
regional board, or the Department of Fish and Game for this purpose.
(4) Awarding of research grants pursuant to Section 25270.10.
(5) To reimburse local and state agencies for reasonable costs
incurred in responding to, overseeing the cleanup or abatement of, or
causing cleanup or abatement efforts of, an accident or disaster
involving an aboveground storage tank spill or release. Any local or
state agency, except the board, which receives from the fund full
reimbursement for these costs shall transfer to the board its right
to recover costs from the owner or operator of the affected tank
facility.
(6) To provide for the long-term rehabilitation and maintenance
of affected wetlands and other natural resources affected by storage
tank releases. The owner, manager, or custodian of adversely affected
wetlands or other natural resources adversely affected by an
aboveground storage tank spill or release may submit a claim for
consideration by the board for funding to provide long-term
rehabilitation and maintenance of those wetlands or other natural
resources.
(7) To administer this chapter.
(b) All of the following shall be deposited in the fund:
(1) Fees collected pursuant to Section 25270.6.
(2) Expenses recovered pursuant to Section 25270.9.
(3) Penalties collected pursuant to Section 25270.12.
(4) Amounts transferred pursuant to Section 3 of the act adding
this chapter.
(c) The money in the fund shall be expended only for spills or
releases which occur on or after January 1, 1990, except that the
portion of the money in the fund derived from Section 3 of the act
which enacted this section, which is collected and due the state, may
be expended in connection with expenses incurred as a result of any
spill of crude oil exceeding 20,000 gallons which occurred in April,
1988, from one or more facilities located in the County of Contra
Costa or surrounding counties. Any reimbursement for costs associated
with the spill, for which penalties were collected and appropriated
under Section 3 of that act, shall not exceed the total penalty
collected and transferred to the fund pursuant to Section 3 of that
act.
(d) If a state or local agency obtains full funding for abatement
or cleanup of a spill or release from a source other than the fund
for a purpose authorized by this chapter, that agency is not eligible
to receive money from the fund pursuant to this section. Otherwise,
nothing in this bill is intended to nullify any other existing
provision of law.
SEC. 16. Section 25270.11 is added to the
Health and Safety Code , to read:
25270.11. All money remaining in the Environmental Protection
Trust Fund as of January 1, 2008, is hereby appropriated for
expenditure in the following manner:
(a) A portion of the funds, in an amount determined by the
secretary in consultation with the UPAs, to a training account
established and maintained by the secretary, to be used for purposes
of training UPA personnel in the requirements of this chapter.
(b) All remaining funds in the Environmental Protection Trust
Fund, shall be allocated to the UPAs, in accordance with a formula
and process determined by the secretary in consultation with the
UPAs. The UPAs shall expend those funds for the purpose of
implementing this chapter.
SEC. 17. Section 25270.12 of the Health
and Safety Code is amended to read:
25270.12. (a) Any owner or operator of a tank facility who fails
to file a storage report tank facility
statement pursuant to subdivision (a) of Section 25270.6, to
submit the fee required by subdivision (b) of Section 25270.6,
to establish the monitoring system required by Section
25270.7, to report spills as required by
subdivision (e) of Section 25270.7 or by Section 25270.8,
or otherwise to comply with the requirements of this chapter ,
is subject to a civil penalty of not more than five thousand
dollars ($5,000) for each day on which the violation continues. If
the owner or operator commits a second or subsequent violation, a
civil penalty of not more than ten thousand dollars ($10,000) for
each day on which the violation continues may be imposed.
(b) The civil penalties provided by this section may be assessed
and recovered in a civil action brought by the board, the regional
board, city attorney, district attorney, or the Attorney
General.
(1) Fifty percent of all penalties
assessed and recovered in a civil action brought on behalf
of a UPA shall be deposited into a unified program account
established by the UPA for the purpose of carrying out the function
s of the unified program and 50 percent shall be paid to
the office of the city attorney, district attorney, or Attorney
General, whoever brought that action.
(2) All penalties assessed and
recovered in a civil action brought by or for the board or a regional
board pursuant to this section shall be deposited in the State Water
Pollution Cleanup and Abatement Account for expenditure by the board
in accordance with Section 13441 of the Water Code.
(c) The board, the regional board , city attorney, district
attorney, or the Attorney General may seek to enjoin, in any
court of competent jurisdiction, any person believed to be in
violation of this chapter.
(d) The penalties collected pursuant to this chapter
shall be deposited in the fund.
(e) The penalties
specified in this section are in addition to any other
penalties provided by law.
SEC. 18. Section 25270.13 of the Health
and Safety Code is amended to read:
25270.13. (a) This chapter does not preempt
local storage tank ordinances, in effect as of August 16, 1989,
which that meet or exceed the standards
prescribed by this chapter.
(b) This chapter does not preempt the authority granted to the
board and the regional boards under the Porter Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code).
SEC. 19. Section 25404 of the Health
and Safety Code is amended to read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
any requirement or condition of any applicable law, regulation,
permit, information request, order, variance, or other requirement,
whether procedural or substantive, of the unified program that the
UPA is authorized to implement or enforce pursuant to this chapter,
and that does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing, willful, or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and any permit or authorization requirements under any
local ordinance or regulation relating to the generation or handling
of hazardous waste or hazardous materials, but does not encompass
the permitting requirements of a local ordinance that incorporates
provisions of the Uniform Fire Code or the Uniform Building Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Director of the Office of
Emergency Services, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements, and shall, to the maximum extent feasible
within statutory constraints, ensure the coordination and
consistency of any regulations adopted pursuant to those
requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, are
applicable to all of the following:
(i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
(ii) Persons managing perchlorate materials.
(iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirement of subdivision (c) of Section 25270.5 for
owners and operators of aboveground storage tanks to prepare a spill
prevention control and countermeasure plan.
(2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program may not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program may not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 concerning hazardous material management
plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) The secretary shall establish an electronic geographic
information management system capable of receiving all data collected
by the unified program agencies pursuant to this subdivision and
Section 25504.1. The secretary shall make all nonconfidential data
available on the Internet.
(3) (A) As funding becomes available, the secretary shall
establish, consistent with paragraph (2), and thereafter maintain, a
statewide database.
(B) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) Once the statewide database is established, the secretary
shall work with the CUPAs to develop a phased-in schedule for the
electronic collection and submittal of information to be included in
the statewide database, giving first priority to information relating
to those chemicals determined by the secretary to be of greatest
concern. The secretary, in making this determination shall consult
with the CUPAs, the Office of Emergency Services, the State Fire
Marshal, and the boards, departments, and offices within the
California Environmental Protection Agency. The information initially
included in the statewide database shall include, but is not limited
to, the hazardous materials inventory information required to be
submitted pursuant to Section 25504.1 for perchlorate materials.
SEC. 20. Section 25404.5 of the Health
and Safety Code is amended to read:
25404.5. (a) (1) Each certified unified program agency shall
institute a single fee system, which shall replace the fees levied
pursuant to Sections 25201.14 and 25205.14, except for transportable
treatment units permitted under Section 25200.2, and which shall also
replace any fees levied by a local agency pursuant to Sections
25143.10, 25270.6, 25287, 25513, and 25535.2
25535.5 , or any other fee levied by a local
agency specifically to fund the implementation of the provisions
specified in subdivision (c) of Section 25404. Notwithstanding
Sections 25143.10, 25270.6, 25201.14, 25205.14, 25287,
25513, and 25535.2 25535.5 , a person
who complies with the certified unified program agency's "single fee
system" fee shall not be required to pay any fee levied pursuant to
those sections, except for transportable treatment units permitted
under Section 25200.2.
(2) (A) The governing body of the local certified unified program
agency shall establish the amount to be paid by each person regulated
by the unified program under the single fee system at a level
sufficient to pay the necessary and reasonable costs incurred by the
certified unified program agency and by any participating agency
pursuant to the requirements of subparagraph (E) of paragraph (1) of
subdivision (d) of Section 25404.3.
(B) The secretary shall establish the amount to be paid when the
unified program agency is a state agency.
(3) The fee system may also be designed to recover the necessary
and reasonable costs incurred by the certified unified program
agency, or a participating agency pursuant to the requirements of
subparagraph (E) of paragraph (1) of subdivision (d) of Section
25404.3, in administering provisions other than those specified in
subdivision (c) of Section 25404, if the implementation and
enforcement of those provisions has been incorporated as part of the
unified program by the certified unified program agency pursuant to
subdivision (b) of Section 25404.2, and if the single fee system
replaces any fees levied as of January 1, 1994, to fund the
implementation of those additional provisions.
(4) The amount to be paid by a person regulated by the unified
program may be adjusted to account for the differing costs of
administering the unified program with respect to that person's
regulated activities.
(b) (1) Except as provided in subdivision (d), the single fee
system instituted by each certified unified program agency shall
include an assessment on each person regulated by the unified program
of a surcharge, the amount of which shall be determined by the
secretary annually, to cover the necessary and reasonable costs of
the state agencies in carrying out their responsibilities under this
chapter. The secretary may adjust the amount of the surcharge to be
collected by different certified unified program agencies to reflect
the different costs incurred by the state agencies in supervising the
implementation of the unified program in different jurisdictions,
and in supervising the implementation of the unified program in those
jurisdictions for which the secretary has waived the assessment of
the surcharge pursuant to subdivision (d). The certified unified
program agency may itemize the amount of the surcharge on any bill,
invoice, or return that the agency sends to a person regulated by the
unified program. Each certified unified program agency shall
transmit all surcharge revenues collected to the secretary on a
quarterly basis. The surcharge shall be deposited in the Unified
Program Account, which is hereby created in the General Fund and
which may be expended, upon appropriation by the Legislature, by
state agencies for the purposes of implementing this chapter.
(2) On or before January 10, 2001, the secretary shall report to
the Legislature on whether the number of persons subject to
regulation by the unified program in any county is insufficient to
support the reasonable and necessary cost of operating the unified
program using only the revenues from the fee. The secretary's report
shall consider whether the surcharge required by subdivision (a)
should include an assessment to be used to supplement the funding of
unified program agencies that have a limited number of entities
regulated under the unified program.
(c) Each
certified unified program agency and the secretary shall, before the
institution of the single fee system and the assessment of the
surcharge, implement a fee accountability program designed to
encourage more efficient and cost-effective operation of the program
for which the single fee and surcharge are assessed. The fee
accountability programs shall include those elements of the
requirements of the plan adopted pursuant to former
Section 25206 , as it read on January 1, 1995, that the
secretary determines are appropriate.
(d) The secretary may waive the requirement for a county to assess
a surcharge pursuant to subdivision (b), if both of the following
conditions apply:
(1) The county meets all of the following conditions:
(A) The county submits an application to the secretary for
certification on or before January 1, 1996, that incorporates all of
the requirements of this chapter, and includes the county's request
for a waiver of the surcharge, and contains documentation that
demonstrates, to the satisfaction of the secretary, both of the
following:
(i) That the assessment of the surcharge will impose a significant
economic burden on most businesses within the county.
(ii) That the combined dollar amount of the surcharge and the
single fee system to be assessed by the county pursuant to
subdivision (a) exceeds the combined dollar amount of all existing
fees that are replaced by the single fee system for most businesses
within the county.
(B) The application for certification, including the information
required by subparagraph (A), is determined by the secretary to be
complete, on or before April 30, 1996. The secretary, for good cause,
may grant an extension of that deadline of up to 90 days.
(C) The county is certified by the secretary on or before December
31, 1996.
(D) On or before January 1, 1994, the county completed the
consolidation of the administration of the hazardous waste generator
program, the hazardous materials release response plans and
inventories program, and the underground storage tank program,
referenced in paragraphs (1), (3), and (4) of subdivision (c) of
Section 25404, into a single program within the county's
jurisdiction.
(E) The county demonstrates that it will consolidate the
administration of all programs specified in subdivision (c) of
Section 25404, and that it will also consolidate the administration
of at least one additional program that regulates hazardous waste,
hazardous substances, or hazardous materials, as specified in
subdivision (d) of Section 25404.2, other than the programs specified
in subdivision (c) of Section 25404, into a single program to be
administered by a single agency in the county's jurisdiction at the
time that the county's certification by the secretary becomes
effective.
(2) The secretary makes all of the following findings:
(A) The county meets all of the criteria specified in paragraph
(1).
(B) The assessment of the surcharge would impose a significant
economic burden on most businesses within the county.
(C) The combined dollar amount of the surcharge and the single fee
system to be assessed by the county pursuant to subdivision (a)
would exceed the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
(D) The waiver of the surcharge for those counties applying for
and qualifying for a waiver, and the resulting increase in the
surcharge for other counties, would not, when considered
cumulatively, impose a significant economic burden on businesses in
any other county that does not apply for, or does not meet the
criteria for, a waiver of the surcharge.
(e) The secretary shall review all of the requests for a waiver of
the surcharge made pursuant to subdivision (d) simultaneously, so as
to adequately assess the cumulative impact of granting the requested
waivers on businesses in those counties that have not applied, or do
not qualify, for a waiver, and shall grant or deny all requests for
a waiver of the surcharge within 30 days from the date that the
secretary certifies all counties applying, and qualifying, for a
waiver. If the secretary finds that the grant of a waiver of the
surcharge for all counties applying and qualifying for the waiver
will impose a significant economic burden on businesses in one or
more other counties, the secretary shall take either of the following
actions:
(1) Deny all of the applications for a waiver of the surcharge.
(2) Approve only a portion of the waiver requests for counties
meeting the criteria set forth in subdivision (d), to the extent that
the approved waivers, when taken as a whole, meet the condition
specified in subparagraph (D) of paragraph (2) of subdivision (d). In
determining which of the counties' waiver requests to grant, the
secretary shall consider all of the following factors:
(A) The relative degree to which the assessment of the surcharge
will impose a significant economic burden on most businesses within
each county applying and qualifying for a waiver.
(B) The relative degree to which the combined dollar amount of the
surcharge and the single fee system to be assessed, pursuant to
subdivision (a), by each county applying and qualifying for a waiver
exceeds the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
(C) The relative extent to which each county applying and
qualifying for a waiver has incorporated, or will incorporate, upon
certification, additional programs pursuant to subdivision (d) of
Section 25404.2, into the unified program within the county's
jurisdiction.
(f) The secretary may, at any time, terminate a county's waiver of
the surcharge granted pursuant to subdivisions (d) and (e) if the
secretary determines that the criteria specified in subdivision (d)
for the grant of a waiver are no longer met.
SEC. 21. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. The Legislature finds and declares
all of the following:
(a) There are 27 oil platforms off the California coast in federal
waters up to 1,200 feet deep.
(b) Federal contracts typically provide that when oil extraction
from an oil platform becomes uneconomical, the oil wells must be
capped and the oil platform completely removed at the expense of the
owner or operator of the oil platform.
(c) Removal of these large steel platforms is very complex and
very expensive.
(d) Removal of an oil platform involves the destruction of much of
the sea life that has attached to the platform.
(e) It is appropriate for the state to consider alternatives to
complete removal if requested by an owner or operator of an offshore
oil platform.
SEC. 2. Article 4.5 (commencing with Section
6880) is added to Chapter 3 of Part 2 of Division 6 of the Public
Resources Code, to read:
Article 4.5. Decommissioning of Offshore Oil Platforms
6880. For the purposes of this article, the following definitions
apply:
(a) "Alternative" means an alternative to complete removal of an
offshore oil platform.
(b) "Commission" means the State Lands Commission.
(c) "Fund" means the Ocean Resources Fund.
(d) "Owner" or "operator" means the owner or operator of an
offshore oil platform.
(e) "Platform" means an offshore oil platform.
6881. (a) It is the policy of the state that a platform be
completely removed after oil extraction has become uneconomical,
unless the commission has approved an alternative as provided in this
article.
(b) The owner or operator may request, in writing, that the
commission approve an alternative to complete removal of a platform.
The application may be for one or more alternatives. An alternative
proposing to leave the platform in place shall include removal of the
top of the platform so that it is not visible from land and does not
interfere with surface craft. The application shall include
estimates of the cost of completely removing the platform, the cost
of the alternatives, and the cost savings by allowing an alternative.
(c) Upon receipt of a request pursuant to subdivision (b), the
commission shall estimate the state's cost of determining advantages
and disadvantages of completely removing the platform and the
alternatives, submitted in the application. The determination shall
include financial considerations. The commission shall provide to the
owner or operator the estimate of the state's cost to make the
determination.
(d) Upon commitment by the owner or operator to pay the state's
cost, the commission shall initiate the process to determine, in
cooperation with the owner or operator, the Department of Fish and
Game, any affected counties, regulatory agencies, and interested
persons, whether an alternative submitted in the application is
preferred.
6882. (a) The commission shall hold one or more public hearings
on the advantages and disadvantages of completely removing the
platform and the alternatives submitted in the application, including
financial considerations.
(b) If the commission determines that an alternative may be
advantageous, the commission shall comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)) and, subsequently, may select an alternative, provided the
Department of Fish and Game determines that the alternative, as
compared to complete removal, would be a benefit to marine biota.
(c) For an alternative proposing to leave the platform in place,
the commission shall determine how much of the top of the platform
shall be removed, subject to the requirements that the top of the
platform not be visible from land and that the platform not interfere
with surface craft reasonably expected to use the waters in which
the platform is located.
(d) If the commission selects an alternative, the commission and
the owner or operator may enter into an agreement to allow the
implementation of the alternative. The agreement shall include all of
the following provisions:
(1) The owner or operator shall pay to the commission the cost
savings, less any payment by the owner or operator pursuant to
subdivision (d) of Section 6881. The commission shall deposit that
net sum into the fund.
(2) The owner or operator shall cap any oil well and shall
continue to be responsible and liable for any oil leak.
(3) The owner or operator shall continue to be responsible and
liable for any toxic materials that resulted from oil operations.
(4) Upon completion of the alternative, the ownership of the
platform shall be transferred to the Department of Fish and Game
pursuant to Article 2 (commencing with Section 6420) of Chapter 5 of
Part 1 of Division 6 of the Fish and Game Code.
(5) The owner or operator shall apply for, and receive, all
required permits issued by any governmental agency, including, but
not limited to, a permit issued by the United States Army Corps of
Engineers.
(e) An alternative shall not be used or counted as mitigation for
any environmental impacts or natural resource damages.
6883. (a) A request under this article may be withdrawn at any
time, subject to the payment of costs incurred by the state in
accordance with subdivision (d) of Section 6881.
(b) Nothing in this article is intended, and shall not be
construed, to limit or affect the authority or duties of any state or
local agency, including, but not limited to, the California Coastal
Commission.
6884. (a) An alternative transferred to the Department of Fish
and Game shall be maintained in a manner consistent with navigational
safety and all applicable state, federal, and international laws.
(b) An alternative transferred to the Department of Fish and Game
shall be a marine no-take zone, where sport and commercial fishing
are prohibited for one-quarter mile from the platform, unless the
Department of Fish and Game, pursuant to the Marine Life Protection
Act (Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code), authorizes marine take.
6885. The Ocean Resources Fund is hereby created in the State
Treasury to receive payments from an owner or operator pursuant to
this article. Upon appropriation by the Legislature, moneys in the
fund shall be expended only for the purposes of this article.