BILL NUMBER: AB 234	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2010
	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 add Section 8670.17.3 to the Government Code, relating
to oil spills.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 234, as amended, Huffman. 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.
   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.  "Transfer
unit" does not include an onshore terminal or offshore  
terminal referred to in Section 2395 of Title 2 of the California
Code of Regulations. 
   (b)  (1)    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) 
   (2)  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) 
    (3)  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) 
    (4)  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) 
    (5)  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) 
    (6)  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.