BILL NUMBER: AB 234 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2010
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, or an
oil transfer operation, 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 or oil
transfer operation to have, among other things, equipment
compatible with a vessel traffic advisory control system and a
high level alarm and tank overflow alarm to alert crew .
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.
(3) "Marine terminal" means a facility, including a mobile
transfer unit, other than a vessel, located on or adjacent to marine
waters in California, used for transferring oil to or from a tank
vessel or barge. The term includes all parts of the facility,
including, but not limited to, structures, equipment, and
appurtenances thereto used or capable of being used to transfer oil
to or from a tank vessel or barge. A marine terminal includes all
piping not integrally connected to a tank facility.
(4) "Oil transfer operation" means any of the following:
(A) An oil transfer, other than an internal vessel transfer,
regardless of the quantity of oil being transferred, conducted within
California marine waters, or a shore-based transfer where a spill
could impact California marine waters.
(B) A drydock-associated oil transfer including, but not limited
to, an oil transfer to or from a tank vessel or nontank vessel in
drydock.
(C) An oil transfer to or from a portable or fixed tank within a
drydock.
(D) An oil transfer to or from a drydock.
(E) A vessel engaged in an oil transfer operation.
(5) "Tank facility" means any one or combination of aboveground
storage tanks, including piping that is integral to the tank, that
contains crude oil or its fraction and that is used by a single
business entity at a single location or site. A pipe is integrally
related to an aboveground storage tank if the pipe is connected to
the tank and meets any of the following:
(A) The pipe is within the dike or containment area.
(B) The pipe is connected to the first flange or valve after the
piping exits the containment area.
(C) 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.
(6) "Transfer unit" means a tank vessel, nontank vessel, or marine
facility from which oil is transferred to another vessel or marine
facility that is not a marine terminal during an oil transfer
operation. "Transfer unit" does not include any of the following:
(A) An oil transfer to or from a marine terminal.
(B) An onshore facility as defined in subdivision (l) of Section
8750 of the Public Resources Code.
(C) A nontank vessel with a carrying capacity of less than 250
barrels.
(D) A public vessel as defined in Section 2701 of Title 33 of the
United States Code.
(E) A small craft refueling dock as defined in subdivision (ab) of
Section 8670.3.
(b) (1) A transfer unit or an oil transfer operation
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 oil transfer
operation, the transfer unit or oil transfer operation
shall preboom each oil transfer for the duration of the entire
transfer operation.
(2) In order to preboom transfers, the transfer unit or oil
transfer operation 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.
(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 oil transfer operation, or the transfer
unit or oil transfer operation may preboom the portion of
the vessel and transfer area that will provide for maximum
containment of any oil spilled into the water.
(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.
(5) The transfer unit or oil transfer operation 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.
(6) Within one hour of an oil spill, the transfer unit or
oil transfer operation shall be able to complete
deployment of the remaining boom, should it be necessary for
containment, protection, or recovery purposes.
(c) The transfer unit or oil transfer operation shall
have functional equipment that is compatible with any vessel traffic
advisory control system that is established along the California
coast.
(d) A transfer unit engaged in an oil transfer operation shall be
equipped with a properly functioning high level alarm and tank
overflow alarm to alert crew. The high level alarm and tank overflow
alarm shall do all of the following:
(1) Be independent of each other.
(2) Alarm in the event of loss of power to the alarm system or
failure of electrical circuitry to the tank level sensor.
(3) Be able to be checked at the tank for proper operation prior
to each transfer or contain an electronic self-testing feature that
monitors the condition of the alarm circuitry and sensor.
(4) Have audible and visible alarm indicators that can be seen and
heard on the vessel where the oil transfer operation is controlled.
(5) Alarm early enough to allow the person in charge of the oil
transfer operation to stop the transfer operation before an overflow
occurs.
(d)
(e) The transfer unit or oil transfer operation
, 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.