BILL NUMBER: AB 234 AMENDED
BILL TEXT
AMENDED IN SENATE DECEMBER 16, 2009
AMENDED IN SENATE JULY 16, 2009
AMENDED IN SENATE JUNE 9, 2009
AMENDED IN ASSEMBLY MAY 18, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Huffman
FEBRUARY 5, 2009
An act to amend Sections 25450 and 25450.1 of the Public
Resources Code, relating to energy. An act to add
Section 8670.17.3 to the Government Code, relating to oil spills.
LEGISLATIVE COUNSEL'S DIGEST
AB 234, as amended, Huffman. Energy: water use and energy
efficiency projects: federal stimulus funds. Oil
spill prevention and response: transfer of oil.
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
generally requires the administrator for oil spill response, acting
at the direction of the Governor, to implement activities relating to
oil spill response, including drills and preparedness, and oil spill
containment and cleanup, and to represent the state in any
coordinated response efforts with the federal government. Existing
law requires the administrator to adopt and implement regulations
regarding the equipment, personnel, and operation of vessels to and
from marine terminals that are used to transfer oil.
This bill would require a transfer unit, as defined, to provide at
the point of transfer of oil appropriate equipment and supplies for
the containment and removal of oil spills in water adjacent to a
transfer site. The bill would also require the transfer unit to have,
among other things, equipment compatible with a vessel traffic
advisory control system.
Existing law requires the Public Utilities Commission, State
Energy Resources Conservation and Development Commission (Energy
Commission), and the Department of Water Resources to undertake
various programs related to energy and water conservation.
This bill would require that any moneys received by the state
pursuant to the federal American Recovery and Reinvestment Act of
2009 that are directed for energy-related activities, programs, or
projects, be administered by the state's energy and water agencies,
and provide that those activities, programs, or projects should
adhere to the principle of accountability while also adhering to
existing state policies to promote energy efficiency, promote water
conservation, promote the development and use of renewable energy
resources, protect the environment, and provide green job training.
Existing law requires the Energy Commission to administer funds
allocated to and received by the state pursuant to the federal Energy
Independence and Security Act of 2007.
This bill would additionally require the Energy Commission to
administer funds allocated and received by the state pursuant to the
American Recovery and Reinvestment Act of 2009.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8670.17.3 is added to the
Government Code , to read:
8670.17.3. (a) For purposes of this section, the following
definitions apply:
(1) "#1 and #2 grade oils" have the same meaning as defined in
Section 841(a) of Title 14 of the California Code of Regulations.
(2) "Boom" has the same meaning as defined in Section 841(b) of
Title 14 of the California Code of Regulations.
(3) "Transfer unit" has the same meaning as defined in Section 841
(i) of Title 14 of the California Code of Regulations.
(b) A transfer unit shall provide at the point of transfer of oil
appropriate equipment and supplies for the containment and removal of
spills of both persistent oil and #1 and #2 grade oils in water
adjacent to the transfer site. Prior to beginning the transfer
operation, the transfer unit shall preboom each oil transfer for the
duration of the entire transfer operation.
(1) In order to preboom transfers, the transfer unit shall have,
prior to the transfer, access to a boom four times the length of the
largest vessel involved in the transfer or 2,000 feet in length,
whichever is less.
(2) The transfer unit shall deploy the boom so that it completely
surrounds the vessel and facility or terminal dock area directly
involved in the transfer operation, or the transfer unit may preboom
the portion of the vessel and transfer area that will provide for
maximum containment of any oil spilled into the water.
(3) The boom shall be deployed with a minimum stand-off of five
feet away from the sides of a vessel, measured at the waterline. This
stand-off may be modified for short durations needed to meet the
operational needs of a vessel, facility, or terminal.
(4) The transfer unit shall periodically check the boom
positioning and adjust it as necessary throughout the duration of the
transfer, and specifically during tidal changes and significant wind
or wave events.
(5) Within one hour of an oil spill, the transfer unit shall be
able to complete deployment of the remaining boom, should it be
necessary for containment, protection, or recovery purposes.
(c) The transfer unit shall have functional equipment that is
compatible with any vessel traffic advisory control system that is
established along the California coast.
(d) The transfer unit, while in marine waters, shall at all times
have at least one person on the bridge who is able to communicate
fluently and effectively both in English and in the language of the
master of the vessel.
SECTION 1. Any moneys received pursuant to the
federal American Recovery and Reinvestment Act of 2009 (Public Law
111-5) that are directed for energy-related activities, programs, or
projects, including energy efficiency and renewable energy programs,
projects for the building of electrical transmission lines, and
activities to create conservation or "green-collar" jobs, shall be
administered by the appropriate state energy and water agencies and
should adhere to the principle of accountability while also adhering
to existing state policies to promote energy efficiency, including
green building practices, promote water conservation, promote the
development and use of renewable energy resources, protect the
environment, and provide green job training.
SEC. 2. Section 25450 of the Public Resources
Code is amended to read:
25450. (a) The Legislature finds and declares all of the
following:
(1) The 110th Congress enacted the Energy Independence and
Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.) that establishes
an energy efficiency and conservation block grant program to provide
grants to eligible entities, including states and local governments,
to help them reduce fossil fuel emissions, improve energy efficiency,
and reduce overall energy consumption.
(2) Section 545(c)(1)(A) of the Energy Independence and Security
Act of 2007 (42 U.S.C. Sec. 17155(c)(1)(A)) mandates that states
receiving block grants under the act use not less than 60 percent of
the grant amount to provide subgrants to local governments that are
not eligible entities for the purposes of the act.
(3) The 111th Congress enacted the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) that appropriates funds
for energy efficiency and conservation, water conservation, home
weatherization, green workforce development, and renewable energy.
(b) It is the intent of the Legislature that the state achieve the
purposes and implement the requirements for these energy and
conservation block grant programs in the most expedient manner
possible. Moreover, to the extent possible without causing undue
delay, the commission shall look to the Energy Independence and
Security Act of 2007 and the American Recovery and Reinvestment Act
of 2009 programs and make policy decisions that leverage and maximize
the use of these dollars, including, but not limited to, the areas
of energy efficiency, renewable energy, water efficiency,
weatherization, and green workforce development.
SEC. 3. Section 25450.1 of the Public Resources
Code is amended to read:
25450.1. (a) The commission shall administer funds allocated to
and received by the state pursuant to the Energy Independence and
Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.) and the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(b) The commission may award grants from funds received pursuant
to the Energy Independence and Security Act of 2007 and the American
Recovery and Reinvestment Act of 2009, as well as enter into
contracts to perform functions required to promptly award energy
efficiency and conservation block grants.