Amended in Senate May 6, 2014

Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 380

Introduced by Assembly Member Dickinson

February 14, 2013

An act to amend Sections begin delete 21080.5, 21083.9, 21092, 21092.2, 21092.3, 21108, 21152, and 21161 end delete begin insert 8670.31 and 8670.35 end insert of begin insert the Government Code, and to add Article 5 (commencing with Section 25547) to Chapter 6.95 of Division 20 of end insert the begin delete Public Resources end delete begin insert Health and Safety end insert Code, relating to begin delete the California Environmental Quality Act end delete begin insert oil spills end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 380, as amended, Dickinson. begin delete California Environmental Quality Act: notice requirements end delete begin insert Oil spills: oil spill prevention and response. end insert

begin insert

(1) 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. Existing law directs the Governor to require the administrator to amend, not in conflict with the National Contingency Plan, the California oil spill contingency plan to add a marine oil spill contingency planning section containing specified elements, including an environmentally and ecologically sensitive areas element. Existing law also requires the administrator to adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented. Existing law authorizes a local government with jurisdiction over or adjacent to marine waters, as defined, to apply for a grant from the Oil Spill Prevention and Administration Fund to complete, update, or revise an oil spill contingency plan element.

end insert begin insert

This bill would require the administrator to post each oil spill contingency plan it receives on its Internet Web site for public review and would require the administrator to solicit public comment.

end insert begin insert

This bill instead would require the administrator to offer grants to a local government with jurisdiction over or directly adjacent to surface waters within the boundaries of the state to complete, update, or revise an oil spill contingency plan element and to train personnel to administer and implement the oil spill contingency plan element.

end insert begin insert

(2) Existing law requires the Office of Emergency Services to implement regulations establishing minimum standards for business plans and area plans relating to the handling and release or threatened release of hazardous materials. Existing law requires the establishment of a statewide environmental reporting system for these plans.

end insert begin insert

This bill would require the operator of the railroad, as defined, to report specified information to the office on a monthly basis when a railroad transports rail cargo that includes oil or oil products, as defined. The bill would require a railroad transporting oil and oil products in this state to maintain a response management communications center to be available 24 hours each day for the purpose of communicating with the 911 emergency response centers of primary local public safety agencies that respond to or are on the scene of a railroad-involved hazardous spill or critical railroad-involved incident. The bill would require every refinery operating in the state that receives one or more deliveries of oil and oil products that have been transported by railroad report specified information to the office on a monthly basis. The bill would require the office to provide a copy of each report it receives pursuant to this act to each unified program agency, as defined, when the office determines a unified program agency area of responsibility may be impacted by oil and oil product cargo transported by a railroad and to maintain those reports in a specified manner.

end insert begin delete

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

end delete begin delete

CEQA authorizes the Secretary of the Natural Resources Agency to certify a regulatory program that meets specified requirements. CEQA provides that written documentation required by those certified regulatory programs may be submitted in lieu of an EIR. CEQA requires an administering agency to file with the secretary a notice of decision made pursuant to the certified regulatory program, which is required to be available for public inspection. CEQA requires a lead agency to call a scoping meeting for specified projects and provide a notice of the meeting to specified entities. CEQA requires the lead agency or a project proponent to file a notice of approval or determination with Office of Planning and Research if the lead agency is a state agency or the county clerk if the lead agency is a local agency. CEQA requires a public agency that has completed an EIR to file with the Office of Planning and Research a notice of completion.

end delete begin delete

CEQA requires a lead agency determining that an EIR is required for a project to send a notice of that determination to specified public agencies. CEQA requires a lead agency preparing an EIR, a negative declaration, or making a specified determination regarding a subsequent project to provide a public notice within a reasonable time period before the certification of the EIR, or the adoption of a negative declaration, or making the specified determination. CEQA requires those notices to be posted in the office of the county clerk in each county in which the project is located and requires the notices to remain posted for 30 days. CEQA requires the county clerk to post the notice within 24 hours of receipt.

end delete begin delete

This bill would additionally require the above-mentioned notices to be filed with both the Office of Planning and Research and the county clerk and be posted by the county clerk for public review. The bill would require the county clerk to post the notices within one business day, as defined, of receipt and stamp on the notice the date on which the notices were actually posted. By expanding the services provided by the lead agency and the county clerk, this bill would impose a state-mandated local program. The bill would require the county clerk to post the notices for at least 30 days. The bill would require the Office of Planning and Research to post the notices on a publicly available online database established and maintained by the office. The bill would require the office to stamp the notices with the date on which the notices were actually posted for online review and would require the notices to be posted for at least 30 days. The bill would specify that a time period or limitation period specified by CEQA does not commence until the notices are actually posted for public review by the county clerk and are available in the online database, and if the notices are posted on different days, the time period shall run from the date of the posting on the online database. The bill would require the notice of determination to be filed solely by the lead agency.

end delete begin delete

(2) CEQA authorizes, for a project that is determined by a state agency to be exempted from the requirements of CEQA, a state agency or a project proponent to file a notice of determination with the Office of Planning and Research. CEQA authorizes, for a project that is determined by a local agency to be exempted from the requirements of CEQA, a local agency or a project proponent to file a notice of determination with the county clerk of the county in which the project is located.

end delete begin delete

This bill would authorize this notice of determination to be filed with both the Office of Planning and Research and the county clerk. By requiring a county clerk to receive and post that notice of determination filed by a state agency, this bill would impose a state-mandated local program. The bill would provide that the notice of determination be filed by the lead agency only.

end delete begin delete

(3) 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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8670.31 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.31.  

(a) Each oil spill contingency plan required under
this article shall be submitted to the administrator begin delete before a tank
vessel, nontank vessel, or vessel carrying oil as secondary cargo
operates in the marine waters of the state, or before a marine
facility, small marine fueling facility, or mobile transfer unit,
operates in the marine waters of the state or where an oil spill
therefrom could impact marine waters end delete .

(b) The administrator shall review each submitted contingency
plan to determine whether it complies with the administrator’s
rules, policies, and regulations adopted pursuant to Section 8670.28
and 8670.29.

begin insert

(c) The administrator shall post each oil spill contingency plan
it receives on its Internet Web site for public review and shall
solicit public comment.

end insert begin delete

(c)

end delete

begin insert (d) end insert  Each contingency plan submitted shall be approved or
disapproved within 180 days after receipt by the administrator.
The administrator may approve or disapprove portions of a plan.
A plan is not deemed approved until all portions are approved
pursuant to this section. The disapproved portion shall be subject
to the procedures contained in subdivision begin delete (d) end delete begin insert (e) end insert .

begin delete

(d)

end delete

begin insert (e) end insert  If the administrator finds the submitted contingency plan is
inadequate under the rules, policies, and regulations of the
administrator, the plan shall be returned to the submitter with
written reasons why the plan was found inadequate and, if
practicable, suggested modifications or alternatives, if appropriate.
The submitter shall submit a new or modified plan within 90 days
after the earlier plan was returned, responding to the findings and
incorporating any suggested modifications. The resubmittal shall
be treated as a new submittal and processed according to the
provisions of this section, except that the resubmitted plan shall
be deemed approved unless the administrator acts pursuant to
subdivision begin delete (c) end delete begin insert (d) end insert . Failure to gain approval after the second
submission may be determined by the administrator to be a
violation of this chapter.

begin delete

(e)

end delete

begin insert (f) end insert  The administrator may make inspections and require drills
of any oil spill contingency plan that is submitted.

begin delete

(f)

end delete

begin insert (g) end insert  After the plan has been approved, it shall be resubmitted
every five years thereafter. The administrator may require earlier
or more frequent resubmission, if warranted. Circumstances that
would require an earlier resubmission include, but are not limited
to, changes in regulations, new oil spill response technologies,
deficiencies identified in the evaluation conducted pursuant to
Section 8670.19, or a need for a different oil spill response because
of increased need to protect endangered species habitat. The
administrator may deny approval of the resubmitted plan if it is
no longer considered adequate according to the adopted rules,
regulations, and policies of the administrator at the time of
resubmission.

begin delete

(g)

end delete

begin insert (h) end insert  (1) Each operator of a tank vessel, vessel carrying oil as a
secondary cargo, or marine facility who is required to file an oil
spill response plan or update pursuant to provisions of federal law
regulating marine oil spill response plans shall, for informational
purposes only, submit a copy of that plan or update to the
administrator at the time that it is approved by the relevant federal
agency.

(2) A tank vessel, vessel carrying oil as a secondary cargo, or
marine facility operator is not required to submit a copy of the
response plan or update specified in paragraph (1) to the
administrator if either the vessel or facility is exempt from having
to file a response plan with the state, or if the content of the plan
submitted by the operator pursuant to Section 8670.29 is
substantially the same as the federal response plan or update.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8670.35 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.35.  

(a) The administrator, taking into consideration the
California oil spill contingency plan, shall promulgate regulations
regarding the adequacy of oil spill contingency plan elements of
business and hazardous materials area plans required pursuant to
Section 25503 of the Health and Safety Code. In developing the
begin delete guidelines end delete begin insert regulations end insert , the administrator shall consult with the Oil
Spill Technical Advisory Committee.

(b)  begin delete Any end delete begin insert The administrator shall offer a end insert local government with
jurisdiction over or directly adjacent to begin delete marine end delete begin insert surface end insert waters begin delete may
apply for end delete begin insert within the boundaries of the state end insert a grant to complete,
update, or revise an oil spill contingency plan element begin insert and to train
personnel to administer and implement the oil spill contingency
plan element end insert .

(c) Each contingency plan element established under this section
shall include provisions for training fire and police personnel in
oil spill response and cleanup equipment use and operations.

(d) Each contingency plan element prepared under this section
shall be consistent with the local government’s local coastal
program as certified under Section 30500 of the Public Resources
Code, the California oil spill contingency plan, and the National
Contingency Plan.

(e) The administrator shall review and approve each contingency
plan element established pursuant to this section. If, upon review,
the administrator determines that the contingency plan element is
inadequate, the administrator shall return it to the agency that
prepared it, specifying the nature and extent of the inadequacies,
and, if practicable, suggesting modifications. The local government
agency shall submit a new or modified plan within 90 days after
the plan was returned, responding to the findings and incorporating
any suggested modifications.

(f) The administrator shall review the preparedness of local
governments to determine whether a program of grants for
completing oil spill contingency plan elements is desirable and
should be continued. If the administrator determines that local
government preparedness should be improved, the administrator
shall request the Legislature to appropriate funds from the Oil Spill
Prevention and Administration Fund for the purposes of this
section.

(g) This section shall become operative on January 1, 2012.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Article 5 (commencing with Section 25547) is added
to Chapter 6.95 of Division 20 of the end insert begin insert Health and Safety Code end insert begin insert , to
read: end insert

begin insert

 

Article begin insert 5. end insert   Oil Spills Prevention and Response for Railroads

 

begin insert 25547. end insert   

For purposes of this article, the following terms have
the following meanings:

(a) “Office” means the Office of Emergency Services.

(b) “Railroad” means a railway, rail facility, rail car, rolling
stock, or train.

(c) “Refinery” has the same meaning as in Section 25128 of
the Public Resources Code.

(d) “Oil” and “oil product” has the same meaning as in Section
8670.3 of the Government Code.

begin insert 25547.2. end insert   

When a railroad transports rail cargo that includes
oil or oil products, the operator of the railroad shall report to the
office on a monthly basis all of the following:

(a) A map of track routes and rail facilities utilized by the
railroad to transport oil and oil product cargo from the point of
entry into the state to a point of final destination where the oil and
oil product cargo is offloaded.

(b) The average weekly frequency of the trains transporting oil
and oil product cargo for each track route. The average weekly
frequency shall represent the frequency of the trains transporting
oil and oil product cargo for each track route identified in
subdivision (a) during the most recent four-week period prior to
the submission of each report.

(c) The average number of railroad tank cars transporting oil
and oil product cargo per train consist for each track route. The
average number of railroad tank cars transporting oil and oil
product cargo per train consist for each track route identified in
subdivision (a) shall represent the number of rail tank cars per
train consist for each track route during the most recent four-week
period prior to the submission of each report.

(d) The average number of tank cars transporting oil and oil
product cargo that were constructed pursuant to the applicable
railroad tank car standards per train consist of the United States
Department of Transportation. The average number of railroad
tank cars constructed pursuant to each applicable standard of the
United States Department of Transportation shall represent the
most recent four-week period prior to the submission of each
report.

(e) The average quantity of oil and oil product cargo per train
consist for each track route. The average quantity of oil and oil
product cargo for each track route shall represent the most recent
four-week period prior to the submission of each report.

(f) The name, address, and contact information of each entity
taking delivery of the oil and oil product cargo transported by a
railroad during the most recent four-week period prior to the
submission of each report.

(g) An oil spill contingency plan, prepared pursuant to Article
5 (commencing with Section 8670.28) of Chapter 7.4 of Division
1 of Title 2 of the Government Code.

begin insert 25547.4. end insert   

(a) A railroad transporting oil and oil products in
this state shall maintain a response management communications
center, which shall be available 24 hours each day for the purpose
of communicating with the 911 emergency response centers of
primary local public safety agencies that respond to, or are on the
scene of, a railroad-involved hazardous spill or critical
railroad-involved incident.

(b) When contacted by a primary local public safety agency
through a 911 response center, a response management
communications center shall provide real-time information about
the train consist involved in a hazardous spill or critical incident,
including, but not limited to, hazardous material movement
shipping papers, including a way bill or total trace and materials
safety data sheet, detailing the oil and oil product cargo and any
information that can assist the primary local public safety agency
in containing and safely removing an oil or oil product spill.

begin insert 25547.6. end insert   

Every refinery operating in the state that receives
one or more deliveries of oil and oil products that has been
transported by a railroad shall report to the office on a monthly
basis all of the following:

(a) The name of the railroad that transported the oil and oil
product cargo to the refinery.

(b) The average weekly amount of oil and oil product cargo
transported to the refinery by each railroad identified in
subdivision (a). The average weekly amount of oil and oil product
cargo transported to the refinery shall represent the most recent
four-week period prior to the submission of each report.

(c) The characteristics and classifications of the oil and oil
product cargo transported to the refinery by railroad for the most
recent four-week period prior to the submission of each report.
The characteristics of oil and oil products for the report required
pursuant to this section shall include, but shall not be limited to,
the flash point as a combustible liquid, gas content, corrosivity,
toxicity, and flammability.

begin insert 25547.8. end insert   

(a) The office shall provide a copy of each report it
receives pursuant to this article to each unified program agency,
as defined in Section 25501, when the office determines a unified
program agency area of responsibility may be impacted by oil and
oil product cargo transported by a railroad.

(b) The office and each unified program agency that receives
a report pursuant to this section shall maintain those reports as
confidential information and shall use the information contained
in those reports only for the purpose of preparing an oil spill
contingency plan, prepared pursuant to Article 5 (commencing
with Section 8670.28) of Chapter 7.4 of Division 1 of Title 2 of the
Government Code, and to coordinate emergency spill responses
with other emergency services in its area of responsibility.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Assembly May 24, 2013. (JR11)