Amended in Senate April 21, 2014

Amended in Senate April 2, 2014

Senate Bill No. 1319

Introduced by Senator Pavley

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(Coauthors: Senators Lara and Wolk)

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February 21, 2014

An act to amend Sections begin delete 8670.37.53 and 8670.55 of end delete begin insert 8574.4, 8574.7, 8574.8, 8670.2, 8670.3, 8670.5, 8670.7, 8670.8, 8670.8.3, 8670.8.5, 8670.9, 8670.12, 8670.14, 8670.19, 8670.25, 8670.25.5, 8670.26, 8670.28, 8670.29, 8670.30.5, 8670.31, 8670.32, 8670.33, 8670.34, 8670.35, 8670.36, 8670.37, 8670.37.5, 8670.37.51, 8670.37.52, 8670.37.53, 8670.37.55, 8670.37.58, 8670.40, 8670.42, 8670.47.5, 8670.48, 8670.48.3, 8670.49, 8670.50, 8670.51, 8670.53, 8670.54, 8670.55, 8670.56.5, 8670.56.6, 8670.61.5, 8670.62, 8670.64, 8670.66, 8670.67, 8670.67.5, 8670.69.4, and 8670.71 of, to add Sections 8670.32.5, 8670.40.5, 8670.90, and 8670.95 to, and to repeal Section 8670.69.7 of, end insert the Government Code, relating to oil spills.

LEGISLATIVE COUNSEL’S DIGEST

SB 1319, as amended, Pavley. Oil spills: oil spill prevention and response.

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(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, including emergency 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 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 and requires the regulations to provide for the best achievable protection, as defined, of coastal and marine waters.

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This bill would generally expand the act and the administrator’s responsibilities relating to oil spills to cover all waters of the state. By expanding the scope of crimes within the act, the bill would impose a state-mandated local program. The bill would direct the Governor to require the administrator to amend the California oil spill contingency plan to provide for the best achievable protection of all state waters, not solely coastal and marine waters, and to submit the plan to the Governor and the Legislature on or before January 1, 2017. The bill would require the regulations to provide for the best achievable protection of all waters and natural resources of the state. The bill would also revise various definitions within that act, and would make other conforming and technical changes.

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(2) Existing law, until January 1, 2015, requires the administrator to develop and implement a screening mechanism and a comprehensive risk-based monitoring program for inspecting the bunkering and lightering operations of vessels at anchor and alongside a dock, to ensure that bunkering and lightering operations that pose the highest risk of a pollution incident are identified and are routinely monitored and inspected.

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This bill would delete the January 1, 2015, repeal date for these requirements. The bill would require the administrator to develop and implement a screening mechanism and comprehensive risk-based monitoring program for inspecting nonvessel handling and transport of oil, to ensure that those operations that pose the highest risk of a pollution incident are identified and are routinely monitored and inspected.

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(3) Existing law requires the administrator to offer grants to a local government with jurisdiction over or directly adjacent to marine waters to provide oil spill response equipment to be deployed.

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This bill would instead require the administrator to offer the grants to a local government with jurisdiction over or directly adjacent to state waters.

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(4) Existing law requires the administrator, within 5 working days after receipt of a contingency plan, prepared as specified, to send a notice that the plan is available for review to the Oil Spill Technical Advisory Committee.

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This bill would instead require the administrator, within 5 working days after receipt of a contingency plan, to post a notice that the plan is available for review.

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(5) Existing law requires the administrator to establish a network of rescue and rehabilitation stations for sea birds, sea otters, and marine mammals affected by an oil spill in marine waters.

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This bill would instead require the administrator to establish a network of rescue and rehabilitation stations for wildlife injured by oil spills in waters of the state, including sea otters and other marine mammals. The bill would authorize the administrator to establish additional stations or facilities in the interior of the state primarily for the rescue and rehabilitation of wildlife affected by inland spills.

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(6) Existing law imposes an oil spill prevention and administration fee in an amount determined by the administrator to be sufficient to implement specified oil spill prevention activities, but not to exceed $0.065 per barrel of crude oil or petroleum products and, beginning January 1, 2015, to an amount not to exceed $0.05, on persons owning crude oil or petroleum products at a marine terminal. The fee is deposited into the Oil Spill Prevention and Administration Fund in the State Treasury. Upon appropriation by the Legislature, moneys in the fund are available for specified purposes.

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This bill would require the administrator to annually determine the fee in an amount sufficient to pay the reasonable regulatory costs of specified oil spill prevention activities, would delete the provision that reduces the fee beginning on January 1, 2015, and would prohibit the fee from exceeding $0.065 per barrel of crude oil or petroleum products for the year beginning January 1, 2015, and ending December 31, 2015. The bill would additionally impose this fee on a person owning crude oil at the time the crude oil is received at a refinery, as specified, and would require every person who operates an oil refinery, marine terminal, or a pipeline to register with the State Board of Equalization.

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(7) Existing law imposes a uniform oil spill response fee on specified persons, except specified independent crude oil producers, owning petroleum products during any period that the Oil Spill Response Trust Fund contains less than a designated amount. The money in the fund is continuously appropriated for specified purposes, including, to pay for the costs of rescue, medical treatment, rehabilitation, and disposition of oiled wildlife, as specified.

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The bill would delete the fee exception for independent crude oil producers, and would delete the provision authorizing the moneys in the fund to be used to pay for the costs of rescue, medical treatment, rehabilitation, and disposition of oiled wildlife. The bill would authorize moneys in the fund to be used to respond to an imminent threat of a spill. By expanding the purposes of a continuously appropriated fund, the bill would make an appropriation.

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(8) Existing law, until June 30, 2014, provides that if a loan or other transfer of money from the Oil Spill Response Trust Fund to the General Fund pursuant to the Budget Act reduces the balance of the fund to less than or equal to 95% of the designated amount, the administrator is not required to collect oil spill response fees if the annual Budget Act requires the transfer or loan to be repaid (A) to the fund with interest calculated at a rate earned by the Pooled Money Investment Account and (B) on or before June 30, 2014.

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This bill would extend that date to June 30, 2017, and would provide that these provisions would be repealed on July, 1, 2017.

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The

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begin insert (9) end insert begin insert   end insert begin insert The end insert Lempert-Keene-Seastrand Oil Spill Prevention and Response Act prohibits a person from operating a marine facility begin insert , as defined, end insert unless the owner or operator of the marine facility has obtained a certificate of financial responsibility. To receive a certificate of financial responsibility from the administrator for oil spill response, the act requires the owner or operator of a marine facility to make a specified showing of financial resources to the satisfaction of the administrator. The act authorizes the administrator to issue a certificate of financial responsibility on a lesser showing of financial resources for a period of not longer than 3 years if the administrator makes specified findings. begin delete The act establishes the Oil Spill Technical Advisory Committee and requires the committee to provide recommendations to the administrator and other specified state entities regarding the implementation of the act. end delete

This bill would begin delete reduce the time period for which the administrator is authorized to issue a certificate of financial responsibility based on the lesser showing to a maximum of 2 years. The bill would require the committee to monitor and evaluate the modes of transportation of oil into and within the state and the properties of the oil to identify necessary changes in oil spill response and preparedness programs. end delete begin insert delete the authorization granted to the administrator to issue a certificate of financial responsibility on a lesser showing of financial resources and would require the administrator to adopt regulations to implement the certification requirements. end insert

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(10) Existing law establishes the Oil Spill Technical Advisory Committee to provide public input and independent judgment of the actions of the administrator and requires the committee to provide recommendations to the administrator and other specified state entities. The committee is composed of 10 members.

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This bill would increase the number of members from 10 to 14 and would require the Speaker of the Assembly and the Senate Committee on Rules to each appoint one additional member who has knowledge of environmental protection and the study of ecosystems, and would also require the Governor to appoint one additional member who has knowledge of the railroad industry and another with knowledge of the oil production industry. The bill would require the committee to monitor and evaluate the modes of transportation of oil into and within the state and the properties of the oil to identify necessary changes in oil spill response and preparedness programs.

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(11) This bill would require each railroad intending to transport crude oil into or within the state on at least an annual basis to provide to the administrator with specified information.

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(12)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.

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

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

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

SECTION 1.  

The Legislature finds and declares both of the
following:

(a) Shifts in how oil is transported to and within the state change
the accompanying risks and potential locations of oil spills.

(b) Properties of crude oil transported to and within the state
prior to refining may change over time and alter the risks posed
by an oil spill to human and environmental health and safety and
in responding to an oil spill.

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begin insert SEC. 2. end insert   

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begin insert Section 8574.4 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8574.4.  

State agencies designated to implement the contingency
plan shall account for all state expenditures made under the plan
with respect to each oil spill. Expenditures accounted for under
this section from an oil spill in begin delete marine end delete waters begin insert of the state end insert shall be
paid from the Oil Spill Response Trust Fund created pursuant to
Section 8670.46. All other expenditures accounted for under this
section shall be paid from the State Water Pollution Cleanup and
Abatement Account in the State Water Quality Control Fund
provided for in Article 3 (commencing with Section 13440) of
Chapter 6 of Division 7 of the Water Code. If the party responsible
for the spill is identified, that party shall be liable for the
expenditures accounted for under this section, in addition to any
other liability begin delete which end delete begin insert that end insert may be provided for by law, in an action
brought by the Attorney General. The proceeds from any begin delete such end delete
action for a spill in marine waters shall be paid into the Oil Spill
Response Trust Fund.

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begin insert SEC. 3. end insert   

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begin insert Section 8574.7 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8574.7.  

The Governor shall require the administrator, not in
conflict with the National Contingency Plan, to amend the
California oil spill contingency plan begin delete by adding a marine oil spill
contingency planning section that provides end delete begin insert to provide end insert for the best
achievable protection of begin delete the coast and marine end delete waters begin insert of the state end insert .
“Administrator” for purposes of this section means the
administrator appointed by the Governor pursuant to Section
8670.4. The begin delete marine oil spill contingency planning section end delete begin insert plan end insert
shall consist of all of the following elements:

(a) A state begin delete marine end delete response element that specifies the hierarchy
for state and local agency response to an oil spill. The element
shall define the necessary tasks for oversight and control of cleanup
and removal activities associated with begin delete a marine end delete begin insert an end insert oil spill and
shall specify each agency’s particular responsibility in carrying
out these tasks. The element shall also include an organizational
chart of the state begin delete marine end delete oil spill response organization and a
definition of the resources, capabilities, and response assignments
of each agency involved in cleanup and removal actions in begin delete a marine end delete
begin insert an end insert oil spill.

(b) A regional and local planning element that shall provide the
framework for the involvement of regional and local agencies in
the state effort to respond to begin delete a marine end delete begin insert an end insert oil spill, and shall ensure
the effective and efficient use of regional and local resources begin insert , as
appropriate, end insert in all of the following:

(1) Traffic and crowd control.

(2) Firefighting.

(3) Boating traffic control.

(4) Radio and communications control and provision of access
to equipment.

(5) Identification and use of available local and regional
equipment or other resources suitable for use in cleanup and
removal actions.

(6) Identification of private and volunteer resources or personnel
with special or unique capabilities relating to begin delete marine end delete oil spill
cleanup and removal actions.

(7) Provision of medical emergency services.

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(8) Identification, care, and evaluation of public health impacts.

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(8)

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begin insert (9) end insert  Consideration of the identification and use of private working
craft and mariners, including commercial fishing vessels and
licensed commercial fishing men and women, in containment,
cleanup, and removal actions.

(c) A coastal protection element that establishes the state
standards for coastline protection. The administrator, in
consultation with the Coast Guard and Navy and the shipping
industry, shall develop criteria for coastline protection. If
appropriate, the administrator shall consult with representatives
from the States of Alaska, Washington, and Oregon, the Province
of British Columbia in Canada, and the Republic of Mexico. The
criteria shall designate at least all of the following:

(1) Appropriate shipping lanes and navigational aids for tankers,
barges, and other commercial vessels to reduce the likelihood of
collisions between tankers, barges, and other commercial vessels.
Designated shipping lanes shall be located off the coastline at a
distance sufficient to significantly reduce the likelihood that
disabled vessels will run aground along the coast of the state.

(2) Ship position reporting and communications requirements.

(3) Required predeployment of protective equipment for
sensitive environmental areas along the coastline.

(4) Required emergency response vessels that are capable of
preventing disabled tankers from running aground.

(5) Required emergency response vessels that are capable of
commencing oil cleanup operations before spilled oil can reach
the shoreline.

(6) An expedited decisionmaking process for dispersant use in
coastal waters. Prior to adoption of the process, the administrator
shall ensure that a comprehensive testing program is carried out
for any dispersant proposed for use in California marine waters.
The testing program shall evaluate toxicity and effectiveness of
the dispersants.

(7) Required rehabilitation facilities for wildlife injured by
spilled oil.

(8) An assessment of how activities that usually require a permit
from a state or local agency may be expedited or issued by the
administrator in the event of an oil spill.

(d) An environmentally and ecologically sensitive areas element
that shall provide the framework for prioritizing and ensuring the
protection of environmentally and ecologically sensitive areas.
The environmentally and ecologically sensitive areas element shall
be developed by the administrator, in conjunction with appropriate
local agencies, and shall include all of the following:

(1) Identification and prioritization of environmentally and
ecologically sensitive areas in begin delete marine end delete begin insert state end insert waters and along the
coast. Identification and prioritization of environmentally and
ecologically sensitive areas shall not prevent or excuse the use of
all reasonably available containment and cleanup resources from
being used to protect every environmentally and ecologically
sensitive area possible. Environmentally and ecologically sensitive
areas shall be prioritized through the evaluation of criteria,
including, but not limited to, all of the following:

(A) Risk of contamination by oil after a spill.

(B) Environmental, ecological, recreational, and economic
importance.

(C) Risk of public exposure should the area be contaminated.

(2) Regional maps depicting environmentally and ecologically
sensitive areas in begin delete marine end delete begin insert state end insert waters or along the coast that shall
be distributed to facilities and local and state agencies. The maps
shall designate those areas that have particularly high priority for
protection against oil spills.

(3) A plan for protection actions required to be taken in the
event of an oil spill for each of the environmentally and
ecologically sensitive areas and protection priorities for the first
24 to 48 hours after an oil spill shall be specified.

(4) The location of available response equipment and the
availability of trained personnel to deploy the equipment to protect
the priority environmentally and ecologically sensitive areas.

(5) A program for systemically testing and revising, if necessary,
protection strategies for each of the priority environmentally and
ecologically sensitive areas.

(6) Any recommendations for action that cannot be financed or
implemented pursuant to existing authority of the administrator,
which shall also be reported to the Legislature along with
recommendations for financing those actions.

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

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(e) A reporting element that addresses the requirements for the
reporting of oil spills. Spills of any amount of oil to state waters
shall be reported.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 8574.8 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8574.8.  

(a) The administrator shall submit to the Governor
and the Legislature an amended California oil spill contingency
plan required, pursuant to Section 8574.7, by January 1, 1993. The
administrator shall thereafter submit revised plans every three
years, until the amended plan required pursuant to subdivision (b)
is submitted.

(b) The administrator shall submit to the Governor and the
Legislature an amended California oil spill contingency plan
required pursuant to Section 8574.7, begin delete by end delete begin insert on or before end insert January 1,
begin delete 2010, end delete begin insert 2017, end insert that begin delete consists of both a end delete begin insert addresses end insert marine begin delete oil spill
contingency planning section and an end delete begin insert and end insert inland oil begin delete spill
contingency planning section end delete begin insert spills end insert . The administrator shall
thereafter submit revised plans every three years.

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begin insert SEC. 5. end insert   

end insert

begin insert Section 8670.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.2.  

The Legislature finds and declares as follows:

(a) Each year, billions of gallons of crude oil and petroleum
products are transported by vessel begin insert , railroad, truck, end insert or pipeline
across and through the begin delete marine end delete waters of this state.

(b) Recent accidents in southern California, Alaska, begin delete and end delete other
parts of the nation begin insert , and Canada, end insert have shown that begin delete marine end delete
transportation of oil can be a significant threat to the environment
of sensitive begin delete coastal end delete areas begin insert and to the public health end insert .

(c) Existing prevention programs are not able to reduce
sufficiently the risk of significant discharge of petroleum into
begin delete marine end delete begin insert state end insert waters.

(d) Response and cleanup capabilities and technology are unable
to remove consistently the majority of spilled oil when major oil
spills occur in begin delete marine end delete begin insert state end insert waters.

(e) California’s begin insert lakes, rivers, other inland waters, end insert coastal waters,
estuaries, bays, and beaches are treasured environmental and
economic resources begin delete which end delete begin insert that end insert the state cannot afford to place at
undue risk from an oil spill.

(f) Because of the inadequacy of existing cleanup and response
measures and technology, the emphasis must be put on prevention,
if the risk and consequences of oil spills are to be minimized.

(g) Improvements in the design, construction, and operation of
begin insert rail tank cars, tank trucks, end insert tank ships, terminals, and pipelines;
improvements in marine safety; maintenance of emergency
response stations and personnel; and stronger inspection and
enforcement efforts are necessary to reduce the risks of and from
a major oil spill.

(h) A major oil spill in begin delete marine end delete begin insert state end insert waters is extremely
expensive because of the need to clean up discharged oil, protect
sensitive environmental areas, and restore ecosystem damage.

(i) Immediate action must be taken to improve control and
cleanup technology in order to strengthen the capabilities and
capacities of cleanup operations.

(j) California government should improve its response and
management of oil spills that occur in begin delete marine end delete begin insert state end insert waters.

(k) Those who transport oil through begin insert or near end insert the begin delete marine end delete waters
of the state must meet minimum safety standards and demonstrate
financial responsibility.

(l) The federal government plays an important role in preventing
and responding to petroleum spills and it is in the interests of the
state to coordinate with agencies of the federal government,
including the Coast Guard, to the greatest degree possible.

(m) California has approximately 1,100 miles of coast, including
four marine sanctuaries begin delete which end delete begin insert that end insert occupy 88,767 square miles.
The weather, topography, and tidal currents in and around
California’s coastal ports and waterways make vessel navigation
challenging. The state’s major ports are among the busiest in the
world. Approximately 700 million barrels of oil are consumed
annually by California, with over 500 million barrels being
transported by vessel. The peculiarities of California’s maritime
coast require special precautionary measures regarding oil
pollution.

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(n) California has approximately 158,500 square miles of
interior area where there are approximately 6,800 miles of pipeline
used for oil distribution, 5,800 miles of Class I railroad track, and
172,100 miles of maintained roads.

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begin insert SEC. 6. end insert   

end insert

begin insert Section 8670.3 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.3.  

Unless the context requires otherwise, the following
definitions shall govern the construction of this chapter:

(a) “Administrator” means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4.

(b) (1) “Best achievable protection” means the highest level of
protection that can be achieved through both the use of the best
achievable technology and those manpower levels, training
procedures, and operational methods that provide the greatest
degree of protection achievable. The administrator’s determination
of which measures provide the best achievable protection shall be
guided by the critical need to protect valuable begin delete coastal end delete begin insert natural end insert
resources and begin delete marine end delete begin insert state end insert waters, while also considering all of
the following:

(A) The protection provided by the measure.

(B) The technological achievability of the measure.

(C) The cost of the measure.

(2) The administrator shall not use a cost-benefit or
cost-effectiveness analysis or any particular method of analysis in
determining which measures provide the best achievable protection.
The administrator shall instead, when determining which measures
provide best achievable protection, give reasonable consideration
to the protection provided by the measures, the technological
achievability of the measures, and the cost of the measures when
establishing the requirements to provide the best achievable
protection for begin delete coastal and marine end delete begin insert the natural end insert resources begin insert of the state end insert .

(c) (1) “Best achievable technology” means that technology
that provides the greatest degree of protection, taking into
consideration both of the following:

(A) Processes that are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development.

(B) Processes that are currently in use anywhere in the world.

(2) In determining what is the best achievable technology
pursuant to this chapter, the administrator shall consider the
effectiveness and engineering feasibility of the technology.

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(d)

end delete begin insert

(d) “California oil spill contingency plan” means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7.

end insert

begin insert (e) end insert  “Dedicated response resources” means equipment and
personnel committed solely to oil spill response, containment, and
cleanup that are not used for any other activity that would adversely
affect the ability of that equipment and personnel to provide oil
spill response services in the timeframes for which the equipment
and personnel are rated.

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(e) “Director” means the Director of Fish and Game.

end delete begin delete

(f)

end delete

begin insert (f) end insert  “Environmentally sensitive area” means an area defined
pursuant to the applicable area contingency plans begin insert or geographic
response plans end insert , as created and revised by the Coast Guard begin insert , the
United States Environmental Protection Agency, end insert and the
administrator.

begin insert

(g) (1) “Facility” means any of the following located in state
waters or located where an oil spill may impact state waters:

end insert begin insert

(A) A building, structure, installation, or equipment used in oil
exploration, oil well drilling operations, oil production, oil refining,
oil storage, oil gathering, oil processing, oil transfer, oil
distribution, or oil transportation.

end insert begin insert

(B) A marine terminal.

end insert begin insert

(C) A pipeline that transports oil.

end insert begin insert

(D) A railroad that transports oil as cargo.

end insert begin insert

(E) A drill ship, semisubmersible drilling platform, jack-up type
drilling rig, or any other floating or temporary drilling platform.

end insert begin insert

(2) “Facility” does not include any of the following:

end insert begin insert

(A) A vessel, except a vessel located and used for any purpose
described in subparagraph (E) of paragraph (1).

end insert begin insert

(B) An owner or operator subject to Chapter 6.67 (commencing
with Section 25270) or Chapter 6.75 (commencing with Section
25299.10) of Division 20 of the Health and Safety Code.

end insert begin insert

(C) Operations on a farm, nursery, logging site, or construction
site, not exceeding 20,000 gallons in a single storage tank.

end insert begin insert

(D) A small craft refueling dock.

end insert begin delete

(g) “Inland spill” means a release of at least one barrel (42
gallons) of oil into inland waters that is not authorized by any
federal, state, or local governmental entity.

end delete begin delete

(h) “Inland waters” means waters of the state other than marine
waters, but not including groundwater.

end delete begin delete

(i)

end delete

begin insert (h) end insert  “Local government” means a chartered or general law city,
a chartered or general law county, or a city and county.

begin delete

(j) (1) “Marine facility” means any facility of any kind, other
than a tank ship or tank barge, that is or was used for the purposes
of exploring for, drilling for, producing, storing, handling,
transferring, processing, refining, or transporting oil and is located
in marine waters, or is located where a discharge could impact
marine waters unless the facility is either of the following:

(A) Subject to Chapter 6.67 (commencing with Section 25270)
or Chapter 6.75 (commencing with Section 25299.10) of Division
20 of the Health and Safety Code.

(B) Placed on a farm, nursery, logging site, or construction site
and does not exceed 20,000 gallons in a single storage tank.

(2) For the purposes of this chapter, “marine facility” includes
a drill ship, semisubmersible drilling platform, jack-up type drilling
rig, or any other floating or temporary drilling platform.

(3) For the purposes of this chapter, “marine facility” does not
include a small craft refueling dock.

(k)

end delete

begin insert (i) end insert  (1) “Marine terminal” means any marine facility used for
transferring oil to or from a tank ship or tank barge.

(2) “Marine terminal” includes, for purposes of this chapter, all
piping not integrally connected to a tank facility, as defined in
subdivision begin delete (m) end delete begin insert (n) end insert of Section 25270.2 of the Health and Safety
Code.

begin delete

(l) “Marine waters” means those waters subject to tidal
influence, and includes the waterways used for waterborne
commercial vessel traffic to the Port of Sacramento and the Port
of Stockton.

(m)

end delete

begin insert (j) end insert  “Mobile transfer unit” means begin delete a small marine fueling facility
that is end delete a vehicle, truck, or trailer, including all connecting hoses
and piping, used for the transferring of oil at a location where a
discharge could impact begin delete marine end delete waters begin insert of the state end insert .

begin delete

(n)

end delete

begin insert (k) end insert  “Nondedicated response resources” means those response
resources identified by an Oil Spill Response Organization for oil
spill response activities that are not dedicated response resources.

begin delete

(o)

end delete

begin insert (l) end insert  “Nonpersistent oil” means a petroleum-based oil, such as
gasoline or jet fuel, that evaporates relatively quickly and is an oil
with hydrocarbon fractions, at least 50 percent of which, by
volume, distills at a temperature of 645 degrees Fahrenheit, and
at least 95 percent of which, by volume, distills at a temperature
of 700 degrees Fahrenheit.

begin delete

(p)

end delete

begin insert (m) end insert  “Nontank vessel” means a vessel of 300 begin delete gross end delete tons or greater
that carries oil, but does not carry that oil as cargo.

begin delete

(q)

end delete

begin insert (n) end insert  “Oil” means any kind of petroleum, liquid hydrocarbons,
or petroleum products or any fraction or residues therefrom,
including, but not limited to, crude oil, bunker fuel, gasoline, diesel
fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.

begin delete

(r)

end delete

begin insert (o) end insert  “Oil spill cleanup agent” means a chemical, or any other
substance, used for removing, dispersing, or otherwise cleaning
up oil or any residual products of petroleum in, or on, any of the
waters of the state.

begin delete

(s)

end delete

begin insert (p) end insert  “Oil spill contingency plan” or “contingency plan” means
the oil spill contingency plan required pursuant to Article 5
(commencing with Section 8670.28).

begin delete

(t)

end delete

begin insert (q) end insert  (1) “Oil Spill Response Organization” or “OSRO” means
an individual, organization, association, cooperative, or other entity
that provides, or intends to provide, equipment, personnel, supplies,
or other services directly related to oil spill containment, cleanup,
or removal activities.

begin delete

(2) A “rated OSRO” means an OSRO that has received a
satisfactory rating from the administrator for a particular rating
level established pursuant to Section 8670.30.

end delete begin delete

(3)

end delete

begin insert (2) end insert  “OSRO” does not include an owner or operator with an oil
spill contingency plan approved by the administrator or an entity
that only provides spill management services, or who provides
services or equipment that are only ancillary to containment,
cleanup, or removal activities.

begin delete

(u) “Onshore facility” means a facility of any kind that is located
entirely on lands not covered by marine waters.

end delete begin delete

(v)

end delete

begin insert (r) end insert  (1) “Owner” or “operator” means any of the following:

(A) In the case of a vessel, a person who owns, has an ownership
interest in, operates, charters by demise, or leases, the vessel.

(B) In the case of a begin delete marine end delete facility, a person who owns, has an
ownership interest in, or operates the begin delete marine end delete facility.

(C) Except as provided in subparagraph (D), in the case of a
vessel or begin delete marine end delete facility, where title or control was conveyed due
to bankruptcy, foreclosure, tax delinquency, abandonment, or
similar means to an entity of state or local government, a person
who owned, held an ownership interest in, operated, or otherwise
controlled activities concerning the vessel or begin delete marine end delete facility
immediately beforehand.

(D) An entity of the state or local government that acquired
ownership or control of a vessel or begin delete marine end delete facility, when the entity
of the state or local government has caused or contributed to a spill
or discharge of oil into begin delete marine end delete waters begin insert of the state end insert .

(2) “Owner” or “operator” does not include a person who,
without participating in the management of a vessel or begin delete marine end delete
facility, holds indicia of ownership primarily to protect the person’s
security interest in the vessel or begin delete marine end delete facility.

(3) “Operator” does not include a person who owns the land
underlying a begin delete marine end delete facility or the facility itself if the person is
not involved in the operations of the facility.

begin delete

(w)

end delete

begin insert (s) end insert  “Person” means an individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a
government corporation, partnership, and association. “Person”
also includes a city, county, city and county, district, and the state
or any department or agency thereof, and the federal government,
or any department or agency thereof, to the extent permitted by
law.

begin delete

(x)

end delete

begin insert (t) end insert  “Pipeline” means a pipeline used at any time to transport oil.

begin insert

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

end insert begin insert

(v) “Rated OSRO” means an OSRO that has received a
satisfactory rating from the administrator for a particular rating
level established pursuant to Section 8670.30.

end insert begin delete

(y) “Reasonable worst case spill” means, for the purposes of
preparing contingency plans for a nontank vessel, the total volume
of the largest fuel tank on the nontank vessel.

end delete begin delete

(z)

end delete

begin insert (w) end insert  “Responsible party” or “party responsible” means any of
the following:

(1) The owner or transporter of oil or a person or entity accepting
responsibility for the oil.

(2) The owner, operator, or lessee of, or a person that charters
by demise, a vessel or begin delete marine end delete facility, or a person or entity
accepting responsibility for the vessel or begin delete marine end delete facility.

begin delete

(aa)

end delete

begin insert (x) end insert  “Small craft” means a vessel, other than a tank ship or tank
barge, that is less than 20 meters in length.

begin delete

(ab)

end delete

begin insert (y) end insert  “Small craft refueling dock” means a waterside operation
that dispenses only nonpersistent oil in bulk and small amounts of
persistent lubrication oil in containers primarily to small craft and
meets both of the following criteria:

(1) Has tank storage capacity not exceeding 20,000 gallons in
any single storage tank or tank compartment.

(2) Has total usable tank storage capacity not exceeding 75,000
gallons.

begin delete

(ac)

end delete

begin insert (z) end insert  “Small marine fueling facility” means either of the following:

(1) A mobile transfer unit.

(2) A fixed facility that is not a marine terminal, that dispenses
primarily nonpersistent oil, that may dispense small amounts of
persistent oil, primarily to small craft, and that meets all of the
following criteria:

(A) Has tank storage capacity greater than 20,000 gallons but
not more than 40,000 gallons in any single storage tank or storage
tank compartment.

(B) Has total usable tank storage capacity not exceeding 75,000
gallons.

(C) Had an annual throughput volume of over-the-water transfers
of oil that did not exceed 3,000,000 gallons during the most recent
preceding 12-month period.

begin delete

(ad) “Spill” or “discharge”

end delete

begin insert (aa) end insert begin insert   end insert begin insert “Spill, end insert begin insert ” discharge,” or “oil spill” end insert means a release of begin delete at
least one barrel (42 gallons) end delete begin insert any amount end insert of oil into begin delete marine end delete waters
begin insert of the state end insert that is not authorized by a federal, state, or local
government entity.

begin delete

(ae) “California oil spill contingency plan” means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7.

(af)

end delete

begin insert (ab) end insert  “Tank barge” means a vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.

begin delete

(ag)

end delete

begin insert (ac) end insert  “Tank ship” means a self-propelled vessel that is
constructed or adapted for the carriage of oil in bulk or in
commercial quantities as cargo.

begin delete

(ah)

end delete

begin insert (ad) end insert  “Tank vessel” means a tank ship or tank barge.

begin delete

(ai)

end delete

begin insert (ae) end insert  “Vessel” means a watercraft or ship of any kind, including
every structure adapted to be navigated from place to place for the
transportation of merchandise or persons.

begin delete

(aj)

end delete

begin insert (af) end insert  “Vessel carrying oil as secondary cargo” means a vessel
that does not carry oil as a primary cargo, but does carry oil begin delete in
bulk end delete as cargo begin delete or cargo residue end delete . begin insert The administrator may establish
minimum oil volume amounts or other criteria by regulations. end insert

begin insert

(ag) “Waters of the state” or “state waters” means any surface
water, including saline waters and marine waters, within the
boundaries of the state, but does not include groundwater.

end insert begin delete

This section shall become operative on January 1, 2012.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 8670.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.5.  

The Governor shall ensure that the state fully and
adequately responds to all oil spills in begin delete marine end delete waters begin insert of the state end insert .
The administrator, acting at the direction of the Governor, shall
implement activities relating to oil spill response, including drills
and preparedness and oil spill containment and cleanup. The
administrator shall also represent the state in any coordinated
response efforts with the federal government.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 8670.7 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.7.  

(a) The administrator, subject to the Governor, has
the primary authority to direct prevention, removal, abatement,
response, containment, and cleanup efforts with regard to all
aspects of any oil spill in begin delete the marine end delete waters of the state, in
accordance with any applicable begin delete marine end delete facility or vessel
contingency plan and the California oil spill contingency plan. The
administrator shall cooperate with any federal on-scene coordinator,
as specified in the National Contingency Plan.

(b) The administrator shall implement the California oil spill
contingency plan, required pursuant to Section 8574.1, to the fullest
extent possible.

(c) The administrator shall do both of the following:

(1) Be present at the location of any oil spill of more than
100,000 gallons in begin delete marine end delete waters begin insert of the state end insert , as soon as possible
after notice of the discharge.

(2) Ensure that persons trained in oil spill response and cleanup,
whether employed by the responsible party, the state, or another
private or public person or entity, are onsite to respond to, contain,
and clean up any oil spill in begin delete marine end delete waters begin insert of the state end insert , as soon as
possible after notice of the discharge.

(d) Throughout the response and cleanup process, the
administrator shall apprise the air quality management district or
air pollution control district having jurisdiction over the area in
which the oil spill occurred and the local government entities that
are affected by the spill.

(e) The administrator, with the assistance begin insert , as needed, end insert of the
begin insert Office of the end insert State Fire Marshal, the State Lands Commission, begin insert or
other state agency, end insert and the federal on-scene coordinator, shall
determine the cause and amount of the discharge.

(f) The administrator shall have the state authority over the use
of all response methods, including, but not limited to, in situ
burning, dispersants, and any oil spill cleanup agents in connection
with an oil discharge. The administrator shall consult with the
federal on-scene coordinator prior to exercising authority under
this subdivision.

(g) (1) The administrator shall conduct workshops, consistent
with the intent of this chapter, with the participation of appropriate
local, state, and federal agencies, including the State Air Resources
Board, air pollution control districts, and air quality management
districts, and affected private organizations, on the subject of oil
spill response technologies, including in situ burning. The
workshops shall review the latest research and findings regarding
the efficacy and toxicity of oil spill cleanup agents and other
technologies, their potential public health and safety and
environmental impacts, and any other relevant factors concerning
their use in oil spill response. In conducting these workshops, the
administrator shall solicit the views of all participating parties
concerning the use of these technologies, with particular attention
to any special considerations that apply to coastal areas and begin delete marine end delete
waters of the state.

(2) The administrator shall publish guidelines and conduct
periodic reviews of the policies, procedures, and parameters for
the use of in situ burning, which may be implemented in the event
of an oil spill.

(h) (1) The administrator shall ensure that, as part of the
response to any significant spill, biologists or other personnel are
present and provided any support and funding necessary and
appropriate for the assessment of damages to natural resources
and for the collection of data and other evidence that may help in
determining and recovering damages.

(2) (A) The administrator shall coordinate all actions required
by state or local agencies to assess injury to, and provide full
mitigation for injury to, or to restore, rehabilitate, or replace, natural
resources, including wildlife, fisheries, wildlife or fisheries habitat,
begin delete and end delete beaches begin insert , end insert and begin delete other end delete coastal areas, that are damaged by an oil
spill. For purposes of this subparagraph, “actions required by state
or local agencies” include, but are not limited to, actions required
by state trustees under Section 1006 of the Oil Pollution Act of
1990 (33 U.S.C. Sec. 2706) and actions required pursuant to
Section 8670.61.5.

(B) The responsible party shall be liable for all coordination
costs incurred by the administrator.

(3) This subdivision does not give the administrator any
authority to administer state or local laws or to limit the authority
of another state or local agency to implement and enforce state or
local laws under its jurisdiction, nor does this subdivision limit
the authority or duties of the administrator under this chapter or
limit the authority of an agency to enforce existing permits or
permit conditions.

(i) (1) The administrator shall enter into a memorandum of
understanding with the executive director of the State Water
Resources Control Board, acting for the State Water Resources
Control Board and the California regional water quality control
boards, and with the approval of the State Water Resources Control
Board, to address discharges, other than dispersants, that are
incidental to, or directly associated with, the response, containment,
and cleanup of an existing or threatened oil spill conducted
pursuant to this chapter.

(2) The memorandum of understanding entered into pursuant
to paragraph (1) shall address any permits, requirements, or
authorizations that are required for the specified discharges. The
memorandum of understanding shall be consistent with
requirements that protect state water quality and beneficial uses
and with any applicable provisions of the Porter-Cologne Water
Quality Control Act (Division 7 (commencing with Section 13000)
of the Water Code) or the federal Clean Water Act (33 U.S.C. Sec.
1251 et seq.), and shall expedite efficient oil spill response.

begin delete

(j) This section shall become effective on January 1, 2012.

end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 8670.8 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.8.  

(a) The administrator shall carry out programs to
provide training for individuals in response, containment, and
cleanup operations and equipment, equipment deployment, and
the planning and management of these programs. These programs
may include training for members of the California Conservation
Corps, other response personnel employed by the state, personnel
employed by other public entities, personnel from marine facilities,
commercial fishermen and other mariners, and interested members
of the public. Training may be offered for volunteers.

(b) The administrator may offer training to anyone who is
required to take part in response and cleanup efforts under the
California oil spill contingency plan or under local government
contingency plans prepared and approved under this chapter.

(c) Upon request by a local government, the administrator shall
provide a program for training and certification of a local
emergency responder designated as a local spill response manager
by a local government with jurisdiction over or directly adjacent
to begin delete marine end delete waters begin insert of the state end insert .

(d) Trained and certified local spill response managers shall
participate in all drills upon request of the administrator.

(e) As part of the training and certification program, the
administrator shall authorize a local spill response manager to train
and certify volunteers.

(f) In the event of an oil spill, local spill response managers
trained and certified pursuant to subdivision (c) shall provide the
state onscene coordinator with timely information on activities
and resources deployed by local government in response to the oil
spill. The local spill response manager shall cooperate with the
administrator and respond in a manner consistent with the area
contingency plan to the extent possible.

(g) Funding for activities undertaken pursuant to subdivisions
(a) to (c), inclusive, shall be from the Oil Spill Prevention and
Administration Fund created pursuant to Section 8670.38.

(h) All training provided by the administrator shall follow the
requirements of applicable federal and state occupational safety
and health standards adopted by the Occupational Safety and
Health Administration of the Department of Labor and the
begin delete California Occupational, Safety, end delete begin insert Occupational Safety end insert and Health
Standards Board.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 8670.8.3 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.8.3.  

The administrator shall offer grants to a local
government with jurisdiction over or directly adjacent to begin delete marine end delete
waters begin insert of the state end insert to provide oil spill response equipment to be
deployed by a local spill response manager certified pursuant to
Section 8670.8. The administrator shall request the Legislature to
appropriate funds from the Oil Spill Prevention and Administration
Fund created pursuant to Section 8670.38 for the purposes of this
section.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 8670.8.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.8.5.  

The administrator may use volunteer workers in
response, containment, restoration, wildlife rehabilitation, and
cleanup efforts for oil spills in begin delete marine end delete waters begin insert of the state end insert . The
volunteers shall be deemed employees of the state for the purpose
of workers’ compensation under Article 2 (commencing with
Section 3350) of Chapter 2 of Part 1 of Division 4 of the Labor
Code. Any payments for workers’ compensation pursuant to this
section shall be made from the Oil Spill Response Trust Fund
created pursuant to Section 8670.46.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 8670.9 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.9.  

(a) The administrator shall enter into discussions on
behalf of the state with the States of Alaska, Hawaii, Oregon, and
Washington, for the purpose of developing interstate agreements
regarding oil spill prevention and response. The agreements shall
address, including, but not limited to, all of the following:

(1) Coordination of vessel safety and traffic.

(2) Spill prevention equipment and response required on begin delete tank
ships and tank barges and at terminals end delete begin insert vessels and at facilities end insert .

(3) The availability of oil spill response and cleanup equipment
and personnel.

(4) Other matters that may relate to the transport of oil and oil
spill prevention, response, and cleanup.

(b) The administrator shall coordinate the development of these
agreements with the Coast Guard, the Province of British Columbia
in Canada, and the Republic of Mexico.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 8670.12 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.12.  

(a) The administrator shall conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in begin delete marine end delete waters
begin insert of the state end insert and begin delete marine end delete oil transportation systems. The administrator
may expend moneys from the Oil Spill Prevention and
Administration Fund created pursuant to Section 8670.38, enter
into consultation agreements, and acquire necessary equipment
and services for the purpose of carrying out these studies and
evaluations.

(b) The administrator shall study the use and effects of
dispersants, incineration, bioremediation, and any other methods
used to respond to a spill. The study shall periodically be updated
to ensure the best achievable protection from the use of those
methods. Based upon substantial evidence in the record, the
administrator may determine in individual cases that best
achievable protection is provided by establishing requirements
begin delete which end delete begin insert that end insert provide the greatest degree of protection achievable
without imposing costs begin delete which end delete begin insert that end insert significantly outweigh the
incremental protection that would otherwise be provided. The
studies shall do all of the following:

(1) Evaluate the effectiveness of dispersants and other chemical
agents in oil spill response under varying environmental conditions.

(2) Evaluate potential adverse impacts on the environment and
public health including, but not limited to, adverse toxic impacts
on water quality, fisheries, and wildlife with consideration to
bioaccumulation and synergistic impacts, and the potential for
human exposure, including skin contact and consumption of
contaminated seafood.

(3) Recommend appropriate uses and limitations on the use of
dispersants and other chemical agents to ensure they are used only
in situations where the administrator determines they are effective
and safe.

(c) The administrator shall evaluate the feasibility of using
commercial fishermen and other mariners for oil spill containment
and cleanup. The study shall examine the following:

(1) Equipment and technology needs.

(2) Coordination with private response personnel.

(3) Liability and insurance.

(4) Compensation.

(d) The studies shall be performed in conjunction with any
studies performed by federal, state, and international entities. The
administrator may enter into contracts for the studies.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 8670.14 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.14.  

The administrator shall coordinate the oil spill
prevention and response programs and begin delete marine end delete facility, tank vessel,
and nontank vessel safety standards of the state with federal
programs begin insert as appropriate and end insert to the maximum extent possible.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 8670.19 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.19.  

(a) The administrator shall periodically conduct a
comprehensive review of all oil spill contingency plans. The
administrator shall do both of the following:

(1) Segment the coast into appropriate areas as necessary.

(2) Evaluate the oil spill contingency plans for each area to
determine if deficiencies exist in equipment, personnel, training,
and any other area determined to be necessary, including those
response resources properly authorized for cascading into the area,
to ensure the best achievable protection of begin delete the coastline, set forth
in the California oil spill contingency plan, including the marine
oil spill contingency planning section end delete begin insert state waters from oil spills end insert .

(b) If the administrator finds that deficiencies exist, the
administrator shall, by the process set forth in Section 8670.31,
remand any oil spill contingency plans to the originating party
with recommendations for amendments necessary to ensure that
the begin delete coastline is end delete begin insert waters of the state are end insert protected.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 8670.25 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.25.  

(a) A person who, without regard to intent or
negligence, causes or permits any oil to be discharged in or on the
begin delete marine waters or inland end delete waters of the state shall immediately
contain, clean up, and remove the oil in the most effective manner
that minimizes environmental damage and in accordance with the
applicable contingency plans, unless ordered otherwise by the
Coast Guard or the administrator.

(b) If there is a spill, an owner or operator shall comply with
the applicable oil spill contingency plan approved by the
administrator.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 8670.25.5 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.25.5.  

(a) (1) Without regard to intent or negligence, any
party responsible for the discharge or threatened discharge of oil
in begin delete marine end delete waters begin insert of the state end insert shall report the discharge immediately
to the Office of Emergency Services pursuant to Section begin delete 25507 end delete
begin insert 25510 end insert of the Health and Safety Code.

(2) If the information initially reported pursuant to paragraph
(1) was inaccurate or incomplete, or if the quantity of oil discharged
has changed, any party responsible for the discharge or threatened
discharge of oil in begin delete marine end delete waters begin insert of the state end insert shall report the
updated information immediately to the Office of Emergency
Services pursuant to paragraph (1). The report shall contain the
accurate or complete information, or the revised quantity of oil
discharged.

(b) Immediately upon receiving notification pursuant to
subdivision (a), the Office of Emergency Services shall notify the
administrator, the State Lands Commission, the California Coastal
Commission, the California regional water quality control board
having jurisdiction over the location of the discharged oil, and the
appropriate local governmental agencies in the area surrounding
the discharged oil, and take the actions required by subdivision
(d) of Section 8589.7. If the spill has occurred within the
jurisdiction of the San Francisco Bay Conservation and
Development Commission, the Office of Emergency Services shall
notify that commission. Each public agency specified in this
subdivision shall adopt an internal protocol over communications
regarding the discharge of oil and file the internal protocol with
the Office of Emergency Services.

(c) The 24-hour emergency telephone number of the Office of
Emergency Services shall be posted at every begin insert railroad dispatch,
pipeline operator control center, marine end insert terminal, at the area of
control of every marine facility, and on the bridge of every tankship
in marine waters.

begin delete

(d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil unless a more
restrictive reporting standard is adopted in the California oil spill
contingency plan prepared pursuant to Section 8574.1.

end delete begin delete

(e)

end delete

begin insert (d) end insert  Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit
issued by a permitting agency.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 8670.26 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.26.  

Any local or state agency responding to begin delete a spill of end delete begin insert an end insert
oil begin insert spill end insert shall notify the Office of Emergency Services, if
notification begin delete as end delete begin insert is end insert required under Section 8670.25.5, Section 13272
of the Water Code, or any other notification procedure adopted in
the California oil spill contingency plan has not occurred.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 8670.28 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.28.  

(a) The administrator, taking into consideration the
begin delete marine end delete facility or vessel contingency plan requirements of begin delete the
national and California contingency plans, end delete the State Lands
Commission, the State Fire Marshal, begin delete and end delete the California Coastal
Commission begin insert , and other state and federal agencies, end insert shall adopt and
implement regulations governing the adequacy of oil spill
contingency plans to be prepared and implemented under this
article. All regulations shall be developed in consultation with the
Oil Spill Technical Advisory Committee, and shall be consistent
with the California oil spill contingency plan and not in conflict
with the National Contingency Plan. The regulations shall provide
for the best achievable protection of begin delete coastal and marine end delete begin insert waters
and natural end insert resources begin insert of the state end insert . The regulations shall permit the
development, application, and use of an oil spill contingency plan
for similar vessels, pipelines, terminals, and facilities within a
single company or organization, and across companies and
organizations. The regulations shall, at a minimum, ensure all of
the following:

(1) All areas of begin delete the marine end delete begin insert state end insert waters begin delete of the state end delete are begin insert , end insert at all
times begin insert , end insert protected by prevention, response, containment, and cleanup
equipment and operations. begin delete For the purposes of this section, “marine
waters” includes the waterways used for waterborne commercial
vessel traffic to the Port of Stockton and the Port of Sacramento. end delete

(2) Standards set for response, containment, and cleanup
equipment and operations are maintained and regularly improved
to protect the resources of the state.

(3) All appropriate personnel employed by operators required
to have a contingency plan receive training in oil spill response
and cleanup equipment usage and operations.

(4) Each oil spill contingency plan provides for appropriate
financial or contractual arrangements for all necessary equipment
and services, for the response, containment, and cleanup of a
reasonable worst case oil spill scenario for each begin delete part of the coast end delete
begin insert area end insert the plan addresses.

(5) Each oil spill contingency plan demonstrates that all
protection measures are being taken to reduce the possibility of
an oil spill occurring as a result of the operation of the begin delete marine end delete
facility or vessel. The protection measures shall include, but not
be limited to, response to disabled vessels and an identification of
those measures taken to comply with requirements of Division 7.8
(commencing with Section 8750) of the Public Resources Code.

(6) Each oil spill contingency plan identifies the types of
equipment that can be used, the location of the equipment, and the
time taken to deliver the equipment.

(7) Each begin delete marine end delete facility begin insert , as determined by the administrator, end insert
conducts a hazard and operability study to identify the hazards
associated with the operation of the facility, including the use of
the facility by vessels, due to operating error, equipment failure,
and external events. For the hazards identified in the hazard and
operability studies, the facility shall conduct an offsite consequence
analysis which, for the most likely hazards, assumes pessimistic
water and air dispersion and other adverse environmental
conditions.

(8) Each oil spill contingency plan contains a list of contacts to
call in the event of a drill, threatened discharge of oil, or discharge
of oil.

(9) Each oil spill contingency plan identifies the measures to
be taken to protect the recreational and environmentally sensitive
areas that would be threatened by a reasonable worst case oil spill
scenario.

(10) Standards for determining a reasonable worst case oil spill.
begin insert However, for a nontank vessel, the reasonable worst case is a spill
of the total volume of the largest fuel tank on the nontank vessel. end insert

begin delete

(11) Each oil spill contingency plan includes a timetable for
implementing the plan.

end delete begin delete

(12)

end delete

begin insert (11) end insert  Each oil spill contingency plan specifies an agent for service
of process. The agent shall be located in this state.

(b) The regulations and guidelines adopted pursuant to this
section shall also include provisions to provide public review and
comment on submitted oil spill contingency plans begin delete prior to approval end delete .

(c) The regulations adopted pursuant to this section shall
specifically address the types of equipment that will be necessary,
the maximum time that will be allowed for deployment, the
maximum distance to cooperating response entities, the amounts
of dispersant, and the maximum time required for application,
should the use of dispersants be approved. Upon a determination
by the administrator that booming is appropriate at the site and
necessary to provide best achievable protection, the regulations
shall require that vessels engaged in lightering operations be
boomed prior to the commencement of operations.

(d) The administrator shall adopt regulations and guidelines for
oil spill contingency plans with regard to mobile transfer units,
small marine fueling facilities, and vessels carrying oil as secondary
cargo that acknowledge the reduced risk of damage from oil spills
from those units, facilities, and vessels while maintaining the best
achievable protection for the public health and safety and the
environment.

(e) The regulations adopted pursuant to subdivision (d) shall be
exempt from review by the Office of Administrative Law.
Subsequent amendments and changes to the regulations shall not
be exempt from Office of Administrative Law review.

begin delete

(f) This section shall become effective on January 1, 2012.

end delete

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 8670.29 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.29.  

(a) In accordance with the rules, regulations, and
policies established by the administrator pursuant to Section
8670.28, an owner or operator of a begin delete marine end delete facility, small marine
fueling facility, or mobile transfer unit, begin delete prior to operating in the
marine waters of the state or where an oil spill could impact marine
waters; and end delete begin insert or end insert an owner or operator of a tank vessel, nontank
vessel, or vessel carrying oil as secondary cargo, begin delete before end delete begin insert while end insert
operating in the begin delete marine end delete waters of the state begin insert or where a spill could
impact waters of the state end insert , shall begin delete prepare and implement end delete begin insert have end insert an
oil spill contingency plan that has been submitted to, and approved
by, the administrator pursuant to Section 8670.31. An oil spill
contingency plan shall ensure the undertaking of prompt and
adequate response and removal action in case of begin delete an oil end delete begin insert a end insert spill, shall
be consistent with the California oil spill contingency plan, and
shall not conflict with the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP).

(b) An oil spill contingency plan shall, at a minimum, meet all
of the following requirements:

(1) Be a written document, reviewed for feasibility and
executability, and signed by the owner or operator, or their
designee.

(2) Provide for the use of an incident command system to be
used during a spill.

(3) Provide procedures for reporting oil spills to local, state,
and federal agencies, and include a list of contacts to call in the
event of a drill, threatened spill, or spill.

(4) Describe the communication plans to be used during a spill begin insert ,
if different from those used by a recognized incident command
system end insert .

(5) Describe the strategies for the protection of environmentally
sensitive areas.

(6) Identify at least one rated OSRO for each rating level
established pursuant to Section 8670.30. Each identified rated
OSRO shall be directly responsible by contract, agreement, or
other approved means to provide oil spill response activities
pursuant to the oil spill contingency plan. A rated OSRO may
provide oil spill response activities individually, or in combination
with another rated OSRO, for a particular owner or operator.

(7) Identify a qualified individual.

(8) Provide the name, address, and telephone and facsimile
numbers for an agent for service of process, located within the
state and designated to receive legal documents on behalf of the
owner or operator.

(9) Provide for training and drills on elements of the plan at
least annually, with all elements of the plan subject to a drill at
least once every three years.

(c) An oil spill contingency plan for a vessel shall also include,
but is not limited to, all of the following requirements:

(1) The plan shall be submitted to the administrator at least
seven days prior to the vessel entering waters of the state.

(2) The plan shall provide evidence of compliance with the
International Safety Management Code, established by the
International Maritime Organization, as applicable.

(3) If the oil spill contingency plan is for a tank vessel, the plan
shall include both of the following:

(A) The plan shall specify oil and petroleum cargo capacity.

(B) The plan shall specify the types of oil and petroleum cargo
carried.

(4) If the oil spill contingency plan is for a nontank vessel, the
plan shall include both of the following:

(A) The plan shall specify the type and total amount of fuel
carried.

(B) The plan shall specify the capacity of the largest fuel tank.

(d) An oil spill contingency plan for a begin delete marine end delete facility shall also
include, but is not limited to, all of the following provisions begin insert , as
appropriate end insert :

(1) Provisions for site security and control.

(2) Provisions for emergency medical treatment and first aid.

(3) Provisions for safety training, as required by state and federal
safety laws for all personnel likely to be engaged in oil spill
response.

(4) Provisions detailing site layout and locations of
environmentally sensitive areas requiring special protection.

(5) Provisions for vessels that are in the operational control of
the facility for loading and unloading.

begin insert

(e) Unless in conflict with federal law or regulations, an oil
spill contingency plan for a railroad shall also include, but is not
limited to, all of the following:

end insert begin insert

(1) A list of the types of train cars that may make-up the consist.

end insert begin insert

(2) A list of the types of oil and petroleum products that may be
transported.

end insert begin insert

(3) A map of track routes and facilities.

end insert begin insert

(4) A list, description, and map of any prestaged spill response
equipment and personnel for deployment of the equipment.

end insert begin delete

(e)

end delete

begin insert (f) end insert  The oil spill contingency plan shall be available to response
personnel and to relevant state and federal agencies for inspection
and review.

begin delete

(f)

end delete

begin insert (g) end insert  The oil spill contingency plan shall be reviewed periodically
and updated as necessary. All updates shall be submitted to the
administrator pursuant to this article.

begin delete

(g)

end delete

begin insert (h) end insert  In addition to the regulations adopted pursuant to Section
8670.28, the administrator shall adopt regulations and guidelines
to implement this section. The regulations and guidelines shall
provide for the best achievable protection of begin delete coastal and marine end delete
begin insert waters and natural end insert resources begin insert of the state end insert . The administrator may
establish additional oil spill contingency plan requirements,
including, but not limited to, requirements based on the different
geographic regions of the state. All regulations and guidelines shall
be developed in consultation with the Oil Spill Technical Advisory
Committee.

begin delete

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

end delete begin insert

(i) Notwithstanding subdivision (a) and paragraph (6) of
subdivision (b), a vessel or facility operating where a spill could
impact state waters that are not tidally influenced does not have
to identify a rated OSRO in the contingency plan until January 1,
2016.

end insert

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 8670.30.5 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.30.5.  

(a) The administrator may review each oil spill
contingency plan that has been approved pursuant to Section
8670.29 to determine whether it complies with Sections 8670.28
and 8670.29.

(b) If the administrator finds the approved oil spill contingency
plan is deficient, the plan shall be returned to the operator with
written reasons why the approved plan was found inadequate and,
if practicable, suggested modifications or alternatives. The operator
shall submit a new or modified plan within begin delete 90 end delete begin insert 30 end insert days that
responds to the deficiencies identified by the administrator.

begin insert

begin insert SEC. 22. 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 begin insert for review and approval end insert .

(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 The administrator may issue a preliminary approval
pending final approval or disapproval. end insert

(c) Each contingency plan submitted shall be approved or
disapproved within begin delete 180 end delete begin insert 30 end insert 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 (d).

(d) 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 begin delete 90 end delete begin insert 30 end insert
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 (c). begin delete Failure to gain approval after the second
submission may be determined by the administrator to be a
violation of this chapter. end delete

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

(f) 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.

(g)  begin delete (1) end delete begin delete   end delete Each begin insert owner or end insert operator of a tank vessel, begin insert nontank end insert vessel
carrying oil as a secondary cargo, or begin delete marine end delete facility who is required
to file an oil spill response plan or update pursuant to provisions
of federal law regulating begin delete marine end delete oil spill response plans shall, begin insert upon
request of the administrator, end insert 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.

begin delete

(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.

end delete

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 8670.32 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.32.  

(a) To reduce the risk of an oil spill as a result of
fuel, cargo, and lube oil transfers, the administrator shall develop
and implement a screening mechanism and a comprehensive
risk-based monitoring program for inspecting the bunkering and
lightering operations of vessels at anchor and alongside a dock.
This program shall identify those bunkering and lightering
operations that pose the highest risk of a pollution incident.

(b) The administrator shall ensure that all bunkering and
lightering operations that, pursuant to subdivision (a), pose the
highest risk of a pollution incident are routinely monitored and
inspected. The administrator shall coordinate the monitoring and
inspection program with the United States Coast Guard.

(c) The administrator shall establish regulations to provide for
the best achievable protection during bunkering and lightering
operations begin delete in the marine environment end delete .

begin delete

(d) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

end delete

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 8670.32.5 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 8670.32.5. end insert   

(a) To reduce the risk of an oil spill as a result of
fuel, cargo, and lube oil transfers during nonvessel transport, the
administrator shall develop and implement a screening mechanism
and comprehensive risk-based monitoring program for inspecting
nonvessel handling and transport of oil. This program shall identify
those operations that pose the highest risk of a pollution incident.

(b) Pursuant to subdivision (a), the administrator shall ensure
that those operations that pose the highest risk of a pollution
incident are routinely monitored and inspected. The administrator
shall coordinate the monitoring and inspection program with the
appropriate regulators, and shall establish regulations to provide
the best achievable protection for spills associated with these
operations.

end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 8670.33 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.33.  

(a) If the operator of a tank ship or tank barge for
which a contingency plan has not been approved desires to have
the tank ship or tank barge enter begin delete marine end delete waters of the state, the
administrator may give approval by telephone or facsimile machine
for the entry of the tank ship or tank barge into begin delete marine end delete waters begin insert of
the state end insert under an approved contingency plan applicable to a
terminal or tank ship, if all of the following are met:

(1) The terminal or tank ship is the destination of the tank ship
or tank barge.

(2) The operator of the terminal or the tank ship provides the
administrator advance written assurance that the operator assumes
all responsibility for the operations of the tank ship or tank barge
while it is in begin delete marine end delete waters begin insert of the state end insert traveling to or from the
terminal. The assurance may be delivered by hand or by mail or
may be sent by facsimile machine, followed by delivery of the
original.

(3) The approved terminal or tank ship contingency plan
includes all conditions the administrator requires for the operations
of tank ship or tank barges traveling to and from the terminal.

(4) The tank ship or tank barge and its operations meet all
requirements of the contingency plan for the tank ship or terminal
that is the destination of the tank ship or tank barge.

(5) The tank ship or tank barge without an approved contingency
plan has not entered begin delete marine end delete waters begin insert of the state end insert more than once in
the 12-month period preceding the request made under this section.

(b) At all times that a tank ship or tank barge is in begin delete marine end delete waters
begin insert of the state end insert pursuant to subdivision (a), its operators and all their
agents and employees shall operate the vessel in accordance with
the applicable operations manual or, if there is an oil spill, in
accordance with the directions of the administrator and the
applicable contingency plan.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 8670.34 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.34.  

This article shall not apply to any tank vessel, nontank
vessel, or vessel carrying oil as a secondary cargo that enters
begin delete marine end delete waters of the state because of imminent danger to the lives
of crew members or if entering begin delete marine end delete waters of the state will
substantially aid in preventing an oil spill or other harm to public
safety or the environment, if the operators of the tank vessel,
nontank vessel, or vessel carrying oil as a secondary cargo comply
with all of the following:

(a) The operators or crew of the tank vessel, nontank vessel, or
vessel carrying oil as a secondary cargo begin delete complies end delete begin insert comply end insert at all
times with all orders and directions given by the administrator, or
his or her designee, while the tank vessel, nontank vessel, or vessel
carrying oil as a secondary cargo is in begin delete marine end delete waters of the state,
unless the orders or directions are contradicted by orders or
directions of the Coast Guard.

(b) Except for fuel, oil may be transferred to or from the tank
vessel, nontank vessel, or vessel carrying oil as a secondary cargo
while it is in begin delete marine end delete waters of the state only if permission is
obtained for the transfer of oil and one of the following conditions
is met:

(1) The transfer is necessary for the safety of the crew.

(2) The transfer is necessary to prevent harm to public safety
or the environment.

(3) An oil spill contingency plan is approved or made applicable
to the tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo, under subdivision (c).

(c) The tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo shall leave the begin delete marine end delete waters of the state as soon
as it may do so without imminent risk of harm to the crew, public
safety, or the environment, unless an oil spill contingency plan is
approved or made applicable to it under this article.

begin insert

begin insert SEC. 27. 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 begin delete contingency plan end delete elements of
begin delete business and hazardous materials end delete 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 local government end delete begin insert The administrator may offer, to a
unified program agency end insert with jurisdiction over or directly adjacent
to begin delete marine end delete waters begin delete may apply for end delete begin insert of the state, end insert a grant to complete,
update, or revise an oil spill begin delete contingency plan end delete element begin insert of the area
plan end insert .

(c) Each begin delete contingency plan end delete begin insert oil spill end insert 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 begin delete contingency plan end delete begin insert oil spill end insert 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)  begin delete The end delete begin insert If a grant is awarded, the end insert administrator shall review
and approve each begin delete contingency plan end delete begin insert oil spill end insert element established
pursuant to this section. If, upon review, the administrator
determines that the begin delete contingency plan end delete begin insert oil spill end insert 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 begin delete local government end delete begin insert unified
program end insert agency shall submit a new or modified begin delete plan end delete begin insert element end insert
within 90 days after the begin delete plan end delete begin insert element end insert was returned, responding to
the findings and incorporating any suggested modifications.

(f) The administrator shall begin insert periodically end insert review the preparedness
of begin delete local governments end delete begin insert unified program agencies end insert to determine
whether a program of grants for completing oil spill begin delete contingency
plan end delete 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. begin insert Beginning
January 1, 2015, the administrator shall perform this review no
less often than every five years and the administrator’s
determination shall be reported to the Legislature, consistent with
Section 9795, and made public. end insert

begin delete

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

end delete

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 8670.36 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.36.  

begin delete (a) end delete begin delete   end delete The administrator shall, within five working days
after receipt of a contingency plan prepared pursuant to Section
8670.28 or 8670.35, begin delete send end delete begin insert post end insert a notice that the plan is available
for review begin delete to the Oil Spill Technical Advisory Committee end delete . The
administrator shall send a copy of the plan within two working
days after receiving a request from the Oil Spill Technical Advisory
Committee. The State Lands Commission and the California
Coastal Commission shall review the plans for facilities or local
governments within the coastal zone. The San Francisco Bay
Conservation and Development Commission shall review the plans
for begin delete marine end delete facilities or local governments within the area described
in Sections 66610 and 29101 of the Public Resources Code. Any
state agency or committee that comments shall submit its comments
to the administrator within begin delete 60 end delete begin insert 15 end insert days of receipt of the plan. The
administrator shall consider all begin delete comments in approving or
disapproving the plan. end delete begin insert comments. end insert

begin delete

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

end delete

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 8670.37 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.37.  

(a) The administrator, with the assistance of the State
Lands Commission, the California Coastal Commission, begin delete and end delete the
executive director of the San Francisco Bay Conservation and
Development Commission, begin insert or other appropriate agency, end insert shall
carry out studies with regard to improvements to contingency
planning and oil spill response equipment and operations.

(b) To the greatest extent possible, these studies shall be
coordinated with studies being done by the federal government,
and other appropriate state and international entities, and
duplication with the efforts of other entities shall be minimized.

(c) The administrator, the State Lands Commission, the
California Coastal Commission, and the Executive Director of the
San Francisco Bay Conservation and Development Commission,
begin insert or other appropriate agency, end insert may be reimbursed for all costs
incurred in carrying out the studies under this section from the Oil
Spill Prevention and Administration Fund.

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 8670.37.5 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.37.5.  

(a) The administrator shall establish a network of
rescue and rehabilitation stations for begin delete sea birds, end delete begin insert wildlife injured by
oil spills, including end insert sea begin delete otters, end delete begin insert otters end insert and other marine mammals.
In addition to rehabilitative care, the primary focus of the Oiled
Wildlife Care Network shall include proactive oiled wildlife search
and collection rescue efforts. These facilities shall be established
and maintained in a state of preparedness to provide the best
achievable treatment for begin delete marine end delete begin insert wildlife, end insert mammals and birds
affected by an oil spill in begin delete marine end delete waters begin insert of the state end insert . The
administrator shall consider all feasible management alternatives
for operation of the network.

(b)  begin insert (1) end insert begin insert   end insert The first rescue and rehabilitation station established
pursuant to this section shall be located within the sea otter range
on the central coast. The administrator shall establish regional
oiled wildlife rescue and rehabilitation facilities in the Los Angeles
Harbor area, the San Francisco Bay area, the San Diego area, the
Monterey Bay area, the Humboldt County area, and the Santa
Barbara area, and may establish those facilities in other begin delete coastal end delete
areas of the state as the administrator determines to be necessary.
One or more of the oiled wildlife rescue and rehabilitation stations
shall be open to the public for educational purposes and shall be
available for marine wildlife health research. Wherever possible
in the establishment of these facilities, the administrator shall
improve existing authorized begin delete marine end delete mammal rehabilitation facilities
and may expand or take advantage of existing educational or
scientific programs and institutions for oiled wildlife rehabilitation
purposes. Expenditures shall be reviewed by the agencies and
organizations specified in subdivision (c).

begin insert

(2)  The administrator may also establish additional stations
or facilities in the interior of the state primarily for the rescue and
rehabilitation of wildlife affected by inland spills.

end insert

(c) The administrator shall consult with the United States Fish
and Wildlife Service, the National Marine Fisheries Service, the
California Coastal Commission, the Executive Director of the San
Francisco Bay Conservation and Development Commission, the
Marine Mammal Center, and the International Bird Rescue Center
in the design, planning, construction, and operation of the rescue
and rehabilitation stations. All proposals for the rescue and
rehabilitation stations shall be presented before a public hearing
prior to the construction and operation of any rehabilitation station,
and, upon completion of the coastal protection element of the
California oil spill contingency plan, shall be consistent with the
coastal protection element.

(d) The administrator may enter into agreements with nonprofit
organizations to establish and equip wildlife rescue and
rehabilitation stations and to ensure that they are operated in a
professional manner in keeping with the pertinent guidance
documents issued by the begin delete Office of Spill Prevention and Response
in the Department of Fish and Game end delete begin insert administrator end insert . The
implementation of the agreement shall not constitute a California
public works project. The agreement shall be deemed a contract
for wildlife rehabilitation as authorized by Section 8670.61.5.

(e) In the event of a spill, the responsible party may request that
the administrator perform the rescue and rehabilitation of oiled
wildlife required of the responsible party pursuant to this chapter
if the responsible party and the administrator enter into an
agreement for the reimbursement of the administrator’s costs
incurred in taking the requested action. If the administrator
performs the rescue and rehabilitation of oiled wildlife, the
administrator shall primarily utilize the network of rescue and
rehabilitation stations established pursuant to subdivision (a),
unless more immediate care is required. Any of those activities
conducted pursuant to this section or Section 8670.56.5 or
8670.61.5 shall be performed under the direction of the
administrator. This subdivision does not remove the responsible
party from liability for the costs of, nor the responsibility for, the
rescue and rehabilitation of oiled wildlife, as established by this
chapter. This subdivision does not prohibit an owner or operator
from retaining, in a contingency plan prepared pursuant to this
article, wildlife rescue and rehabilitation services different from
the rescue and rehabilitation stations established pursuant to this
section.

(f) (1) The administrator shall appoint a rescue and
rehabilitation advisory board to advise the administrator regarding
operation of the network of rescue and rehabilitation stations
established pursuant to subdivision (a), including the economic
operation and maintenance of the network. For the purpose of
assisting the administrator in determining what constitutes the best
achievable treatment for oiled wildlife, the advisory board shall
provide recommendations to the administrator on the care achieved
by current standard treatment methods, new or alternative treatment
methods, the costs of treatment methods, and any other information
that the advisory board believes that the administrator might find
useful in making that determination. The administrator shall consult
with the advisory board in preparing the administrator’s submission
to the Legislature pursuant to begin delete subparagraph (A) of paragraph (2)
of subdivision ( end delete begin delete l end delete begin delete ) of Section 8670.48 end delete begin insert subdivision (a) of Section
8670.40.5 end insert . The administrator shall present the recommendations
of the advisory board to the Oil Spill Technical Advisory
Committee created pursuant to Article 8 (commencing with Section
8670.54), upon the request of the committee.

(2) The advisory board shall consist of a balance between
representatives of the oil industry, wildlife rehabilitation
organizations, and academia. One academic representative shall
be from a veterinary school within this state. The United States
Fish and Wildlife Service and the National Marine Fisheries
Service shall be requested to participate as ex officio members.

(3) (A) The Legislature hereby finds and declares that since
the administrator may rely on the expertise provided by the
volunteer members of the advisory board and may be guided by
their recommendations in making decisions that relate to the
operation of the network of rescue and rehabilitation stations, those
members should be entitled to the same immunity from liability
that is provided other public employees.

(B) Members of the advisory board, while performing functions
within the scope of advisory board duties, shall be entitled to the
same rights and immunities granted public employees by Article
3 (commencing with Section 820) of Chapter 1 of Part 2 of
Division 3.6 of Title 1. Those rights and immunities are deemed
to have attached, and shall attach, as of the date of appointment
of the member to the advisory board.

(g) The administrator shall ensure the state’s ability to prevent
the contamination of wildlife and to identify, collect, rescue, and
treat oiled wildlife through all of the following:

(1) Providing for the recruitment and training of an adequate
network of wildlife specialists and volunteers from Oiled Wildlife
Care Network participant organizations who can be called into
immediate action in the event of an oil spill to assist in the field
with collection of live oiled wildlife. The training shall include a
process for certification of trained volunteers and renewal of
certifications. The initial wildlife rescue training shall include field
experience in species identification and appropriate field collection
techniques for species at risk in different spills. In addition to
training in wildlife rescue, the administrator shall provide for
appropriate hazardous materials training for new volunteers and
contract personnel, with refresher courses offered as necessary to
allow for continual readiness of search and collection teams. begin delete The
Office of Spill Prevention and Response in the Department of Fish
and Game is not required end delete begin insert Moneys in the Oil Spill Prevention and
Administration Fund shall not be used end insert to reimburse volunteers for
time or travel associated with required begin delete wildlife rescue or hazardous
materials end delete training.

(2) Developing and implementing a plan for the provision of
emergency equipment for wildlife rescue in strategic locations to
facilitate ready deployment in the case of an oil spill. The
administrator shall ensure that the equipment identified as
necessary in his or her wildlife response plan is available and
deployed in a timely manner to assist in providing the best
achievable protection and collection efforts.

(3) Developing the capacity of the Oiled Wildlife Care Network
to recruit and train an adequate field team for collection of live
oiled wildlife, as specified in paragraph (1), by providing staffing
for field operations, coordination, and volunteer outreach for the
Oiled Wildlife Care Network. The duties of the field operations
and volunteer outreach staff shall include recruitment and
coordination of additional participation in the Oiled Wildlife Care
Network by other existing organizations with experience and
expertise in wildlife rescue and handling, including scientific
organizations, educational institutions, public agencies, and
nonprofit organizations dedicated to wildlife conservation, and
recruitment, training, and supervision of volunteers from Oiled
Wildlife Care Network participating organizations.

(4) Ensuring that qualified persons with experience and expertise
in wildlife rescue are assigned to oversee and supervise wildlife
recovery search and collection efforts, as specified in the
administrator’s wildlife response plan. The administrator shall
provide for and ensure that all persons involved in field collection
of oiled wildlife receive training in search and capture techniques
and hazardous materials certification, as appropriate.

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 8670.37.51 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.37.51.  

(a)  begin delete No end delete begin insert A end insert tank vessel or vessel carrying oil as a
secondary cargo begin delete may end delete begin insert shall not end insert be used to transport oil across
begin delete marine end delete waters of the state unless the begin insert owner or end insert operator has begin insert applied
for and end insert obtained a certificate of financial responsibility issued by
the administrator for that vessel or for the owner of all of the oil
contained in and to be transferred to or from that vessel.

(b)  begin delete No end delete begin insert An end insert operator of a marine terminal within the state begin delete may end delete
begin insert shall not end insert transfer oil to or from a tank vessel or vessel carrying oil
as a secondary cargo unless the operator of the marine terminal
has received a copy of a certificate of financial responsibility issued
by the administrator for the operator of that vessel or for all of the
oil contained in and to be transferred to or from that vessel.

(c)  begin delete No end delete begin insert An end insert operator of a marine terminal within the state begin delete may end delete
begin insert shall not end insert transfer oil to or from any vessel that is or is intended to
be used for transporting oil as cargo to or from a second vessel
unless the operator of the marine terminal has first received a copy
of a certificate of financial responsibility issued by the
administrator for the person responsible for both the first and
second vessels or all of the oil contained in both vessels, as well
as all the oil to be transferred to or from both vessels.

(d)  begin delete No end delete begin insert A end insert person begin delete may end delete begin insert shall not end insert operate a begin delete marine end delete facility unless
the owner or operator of the begin delete marine end delete facility has first obtained a
certificate of financial responsibility from the administrator for
the begin delete marine end delete facility.

begin delete

(e) No tank vessel or vessel carrying oil as a secondary cargo
may be used to transport oil across marine waters of the state
unless, at least 24 hours prior to the transport, the administrator
has received both of the following:

end delete begin delete

(1) A copy of a certificate applicable to that vessel or to all of
the oil in that vessel at all times during transport.

end delete begin delete

(2) A copy of a written statement by the holder of the applicable
certificate authorizing its application to the vessel.

end delete

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 8670.37.52 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.37.52.  

The certificate of financial responsibility shall be
conclusive evidence that the person or entity holding the certificate
is the party responsible for the specified vessel, begin delete marine end delete facility, or
oil for purposes of determining liability pursuant to this chapter.

begin delete SEC. 2. end delete
begin insert SEC. 33. end insert   

Section 8670.37.53 of the Government Code is
amended to read:

8670.37.53.  

(a) To receive a certificate of financial
responsibility for a tank vessel or for all of the oil contained within
the tank vessel, the applicant shall demonstrate to the satisfaction
of the administrator the financial ability to pay at least one billion
dollars ($1,000,000,000) for any damages that may arise during
the term of the certificate.

(b) The administrator may establish a lower standard of financial
responsibility for small tank barges, vessels carrying oil as a
secondary cargo, and small marine fueling facilities. The standard
shall be based on the quantity of oil that can be carried or stored
and the risk of spill into begin delete marine end delete waters begin insert of the state end insert . The
administrator shall not set a standard that is less than the expected
costs from a reasonable worst case oil spill into begin delete marine end delete waters begin insert of
the state end insert .

(c) (1) To receive a certificate of financial responsibility for a
begin delete marine end delete facility, the applicant shall demonstrate to the satisfaction
of the administrator the financial ability to pay for any damages
that might arise during a reasonable worst case oil spill into begin delete marine end delete
waters begin insert of the state end insert that results from the operations of the begin delete marine end delete
facility. The administrator shall consider criteria including, but
not necessarily limited to, the amount of oil that could be spilled
into begin delete marine end delete waters begin insert of the state end insert from the facility, the cost of cleaning
up spilled oil, the frequency of operations at the facility, and the
damages that could result from a spill.

begin delete

(2) The administrator may issue a certificate for a marine facility
upon a lesser showing of financial resources for a period of not
longer than two years if the administrator finds all of the following:

end delete begin delete

(A) The marine facility was operating on January 1, 1991.

end delete begin delete

(B) Continued operation is necessary to finance abandonment
of the marine facility.

end delete begin delete

(C) The financial resources the operator is able to demonstrate
are reasonably sufficient to cover the damages from foreseeable
spills from the facility.

end delete begin insert

(2) The administrator shall adopt regulations to implement this
section.

end insert

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 8670.37.55 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.37.55.  

(a) An owner or operator of more than one tank
vessel, vessel carrying oil as a secondary cargo, nontank vessel,
or begin delete marine end delete facility shall only be required to obtain one certificate
of financial responsibility for all of those vessels and begin delete marine end delete
facilities owned or operated.

(b) If a person holds a certificate for more than one tank vessel,
vessel carrying oil as a secondary cargo, nontank vessel, or begin delete marine end delete
facility and a spill or spills occurs from one or more of those
vessels or begin delete marine end delete facilities for which the owner or operator may
be liable for damages in an amount exceeding 5 percent of the
financial resources reflected by the certificate, as determined by
the administrator, the certificate shall immediately be considered
inapplicable to any vessel or begin delete marine end delete facility not associated with
the spill. In that event, the owner or operator shall demonstrate to
the satisfaction of the administrator the amount of financial ability
required pursuant to this article, as well as the financial ability to
pay all damages that arise or have arisen from the spill or spills
begin delete which end delete begin insert that end insert have occurred.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 8670.37.58 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.37.58.  

(a) A nontank vessel begin delete required to have a
contingency plan pursuant to this chapter end delete shall not enter begin delete marine end delete
waters of the state unless the nontank vessel owner or operator has
provided to the administrator evidence of financial responsibility
that demonstrates, to the administrator’s satisfaction, the ability
to pay at least three hundred million dollars ($300,000,000) to
cover damages caused by a spill, and the owner or operator of the
nontank vessel has obtained a certificate of financial responsibility
from the administrator for the nontank vessel.

(b) Notwithstanding subdivision (a), the administrator may
establish a lower standard of financial responsibility for a nontank
vessel that has a carrying capacity of 6,500 barrels of oil or less,
or for a nontank vessel that is owned and operated by California
or a federal agency and has a carrying capacity of 7,500 barrels of
oil or less. The standard shall be based upon the quantity of oil
that can be carried by the nontank vessel and the risk of an oil spill
into begin delete marine end delete waters begin insert of the state end insert . The administrator shall not set a
standard that is less than the expected cleanup costs and damages
from an oil spill into begin delete marine end delete waters begin insert of the state end insert .

(c) The administrator may adopt regulations to implement this
section.

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 8670.40 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.40.  

(a) The State Board of Equalization shall collect a
fee in an amount begin insert annually end insert determined by the administrator to be
sufficient begin insert to pay the reasonable regulatory costs end insert to carry out the
purposes set forth in subdivision (e), and a reasonable reserve for
contingencies. The annual assessment begin insert for the year beginning
January 1, 2015, and ending December 1, 2015, end insert shall not exceed
six and one-half cents ($0.065) per barrel of crude oil or petroleum
products. begin delete Beginning January 1, 2015, the annual assessment shall
not exceed five cents ($0.05) per barrel of crude oil or petroleum
products. end delete

(b) (1) The oil spill prevention and administration fee shall be
begin insert based on each barrel of crude oil or petroleum products received
at a marine terminal, and shall be end insert imposed upon a person owning
crude oil at the time that crude oil is received at a marine terminal
begin insert by any mode of delivery, end insert from within or outside the state, and upon
a person who owns petroleum products at the time that those
petroleum products are received at a marine terminal begin insert , by any mode
of delivery, end insert from outside this state. The fee shall be collected by
the marine terminal operator from the owner of the crude oil or
petroleum begin delete products based on each barrel of crude oil or petroleum
products so received by means of a vessel operating in, through,
or across the marine waters of the state. In addition, an operator. end delete
begin insert products. end insert

begin insert (2) end insert begin insert   end insert begin insert An operator end insert of a pipeline shall pay the oil spill prevention
and administration fee for each barrel of crude oil originating from
a production facility in begin delete marine end delete waters begin insert of the state end insert and transported
in the state by means of a pipeline operating across, under, or
through the begin delete marine end delete waters of the state. begin delete The end delete

begin insert

(3) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time the crude oil
is received at a refinery within the state by any method of transport,
whether from within or outside the state. The refinery shall collect
the fee from the owner of the crude oil, for each barrel received.

end insert

begin insert (4) end insert begin insert   end insert begin insert The end insert fees shall be remitted to the board by the begin insert owner of the
oil, the refinery, the end insert terminal begin insert , end insert or pipeline operator on the 25th day
of the month based upon the number of barrels of crude oil or
petroleum products received at a begin insert refinery or end insert marine terminal begin insert , end insert or
transported by pipeline begin insert , end insert during the preceding month. A fee shall
not be imposed pursuant to this section with respect to crude oil
or petroleum products if the person who would be liable for that
fee, or responsible for its collection, establishes that the fee has
been collected by a begin insert refinery or end insert terminal operator registered under
this chapter or paid to the board with respect to the crude oil or
petroleum product.

begin delete

(2)

end delete

begin insert (5) end insert  An owner of crude oil or petroleum products is liable for
the fee until it has been paid to the board, except that payment to
a begin insert refinery or end insert marine terminal operator registered under this chapter
is sufficient to relieve the owner from further liability for the fee.

begin delete

(3)

end delete

begin insert (6) end insert  On or before January 20, the administrator shall annually
prepare a plan that projects revenues and expenses over three fiscal
years, including the current year. Based on the plan, the
administrator shall set the fee so that projected revenues, including
any interest, are equivalent to expenses as reflected in the current
Budget Act and in the proposed budget submitted by the Governor.
In setting the fee, the administrator may allow for a surplus if the
administrator finds that revenues will be exhausted during the
period covered by the plan or that the surplus is necessary to cover
possible contingencies. The administrator shall notify the board
of the adjusted fee rate, which shall be rounded to no more than
four decimal places, to be effective the first day of the month
beginning not less than 30 days from the date of the notification.

(c) The moneys collected pursuant to subdivision (a) shall be
deposited into the fund.

(d) The board shall collect the fee and adopt regulations for
implementing the fee collection program.

(e) The fee described in this section shall be collected solely
for all of the following purposes:

(1) To implement oil spill prevention programs through rules,
regulations, leasing policies, guidelines, and inspections and to
implement research into prevention and control technology.

(2) To carry out studies that may lead to improved oil spill
prevention and response.

(3) To finance begin delete environmental end delete begin insert public health, environmental, end insert and
economic studies relating to the effects of oil spills.

(4) To implement, install, and maintain emergency programs,
equipment, and facilities to respond to, contain, and clean up oil
spills and to ensure that those operations will be carried out as
intended.

begin delete

(5) To respond to an imminent threat of a spill in accordance
with the provisions of Section 8670.62 pertaining to threatened
discharges. The cumulative amount of an expenditure for this
purpose shall not exceed the amount of one hundred thousand
dollars ($100,000) in a fiscal year unless the administrator receives
the approval of the Director of Finance and notification is given
to the Joint Legislative Budget Committee. Commencing with the
1993-94 fiscal year, and each fiscal year thereafter, it is the intent
of the Legislature that the annual Budget Act contain an
appropriation of one hundred thousand dollars ($100,000) from
the fund for the purpose of allowing the administrator to respond
to threatened oil spills.

end delete begin delete

(6)

end delete

begin insert (5) end insert  To reimburse the board for costs incurred to implement this
chapter and to carry out Part 24 (commencing with Section 46001)
of Division 2 of the Revenue and Taxation Code.

begin delete

(7)

end delete

begin insert (6) end insert  To begin delete cover costs incurred by end delete begin insert fund end insert the Oiled Wildlife Care
Network begin delete established by Section 8670.37.5 for training and field
collection, and search and rescue activities, pursuant to subdivision
(g) of Section 8670.37.5 end delete begin insert pursuant to Section 8670.40.5 end insert .

(f) The moneys deposited in the fund shall not be used for
responding to an oil spill.

(g) The moneys deposited in the fund shall not be used to
provide a loan to any other fund.

begin delete

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

end delete begin insert

(h) Every person who operates an oil refinery, marine terminal,
or a pipeline, shall register with the State Board of Equalization,
pursuant to Section 46101 of the Revenue and Taxation Code.

end insert

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 8670.40.5 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 8670.40.5. end insert   

(a) For each fiscal year, consistent with this article,
the administrator shall submit, as a proposed appropriation in the
Governor’s Budget, an amount up to two million five hundred
thousand dollars ($2,500,000) for the purpose of equipping,
operating, and maintaining the network of oiled wildlife rescue
and rehabilitation stations and proactive oiled wildlife search and
collection rescue efforts established pursuant to Section 8670.37.5
and for support of technology development and research related
to oiled wildlife care.

(b) The administrator shall report to the Legislature upon
request, on the progress and effectiveness of the network of oiled
wildlife rescue and rehabilitation stations established pursuant to
Section 8670.37.5, and the adequacy of the Oil Spill Prevention
and Administration Fund to meet the purposes for which the
network was established.

(c) At the administrator’s request, the funds made available
pursuant to this section may be directly appropriated to a suitable
program for wildlife health and rehabilitation within a school of
veterinary medicine within this state, if an agreement exists,
consistent with this chapter, between the administrator and an
appropriate representative of the program for carrying out that
purpose. The administrator shall attempt to have an agreement in
place at all times. The agreement shall ensure that the training of,
and the care provided by, the program staff are at levels that are
consistent with those standards generally accepted within the
veterinary profession.

(d) The funds made available pursuant to this section shall not
be considered an offset to any other state funds appropriated to
the program, the program’s associated school of veterinary
medicine, or the program’s associated college or university, and
the funds shall not be used for any other purpose. If an offset does
occur or the funds are used for an unintended purpose, the
administrator may terminate expenditure of any funds appropriated
pursuant to this section and the administrator may request a
reappropriation to accomplish the intended purpose. The
administrator shall annually review and approve the proposed
uses of any funds made available pursuant to this section.

end insert

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 8670.42 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.42.  

(a) The begin delete Department of Fish and Game end delete begin insert administrator end insert
and the State Lands Commission, independently, shall contract
with the Department of Finance for the preparation of a detailed
report that shall be submitted on or before January 1, 2013, and
no less than once every four years thereafter, to the Governor and
the Legislature on the financial basis and programmatic
effectiveness of the state’s oil spill prevention, response, and
preparedness program. This report shall include an analysis of all
of the oil spill prevention, response, and preparedness program’s
major expenditures, fees and fines collected, staffing and equipment
levels, spills responded to, and other relevant issues. The report
shall recommend measures to improve the efficiency and
effectiveness of the state’s oil spill prevention, response, and
preparedness program, including, but not limited to, measures to
modify existing contingency plan requirements, to improve
protection of sensitive shoreline sites, and to ensure adequate and
equitable funding for the state’s oil spill prevention, response, and
preparedness program.

(b) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795.

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 8670.47.5 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.47.5.  

The following shall be deposited into the fund:

(a) The fee required pursuant to Section 8670.48.

(b) Any federal funds received to pay for response, containment,
abatement, and rehabilitation costs from an oil spill in begin delete marine end delete
waters begin insert of the state end insert .

(c) Any money borrowed by the Treasurer pursuant to Article
7.5 (commencing with Section 8670.53.1) or any draw on the
financial security obtained by the Treasurer pursuant to subdivision
(o) of Section 8670.48.

(d) Any interest earned on the moneys in the fund.

(e) Any costs recovered from responsible parties pursuant to
Section 8670.53 and subdivision (e) of Section 8670.53.1.

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 8670.48 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.48.  

(a) (1) A uniform oil spill response fee in an amount
not exceeding twenty-five cents ($0.25) for each barrel of
petroleum products, as set by the administrator pursuant to
subdivision (f), shall be imposed upon a person who owns
petroleum products at the time the petroleum products are received
at a marine terminal within this state by means of a vessel from a
point of origin outside this state. The fee shall be begin insert collected by the
marine terminal and end insert remitted to the State Board of Equalization
by the terminal operator on the 25th day of each month based upon
the number of barrels of petroleum products received during the
preceding month.

(2) An owner of petroleum products is liable for the fee until it
has been paid to the state, except that payment to a marine terminal
operator registered under this chapter is sufficient to relieve the
owner from further liability for the fee.

(b) An operator of a pipeline shall also pay a uniform oil spill
response fee in an amount not exceeding twenty-five cents ($0.25)
for each barrel of petroleum products, as set by the administrator
pursuant to subdivision (f), transported into the state by means of
a pipeline operating across, under, or through the begin delete marine end delete waters
of the state. The fee shall be paid on the 25th day of each month
based upon the number of barrels of petroleum products so
transported into the state during the preceding month.

(c)  begin delete (1) end delete begin delete   end delete An operator of a refinery shall pay a uniform oil spill
response fee in an amount not exceeding twenty-five cents ($0.25)
for each barrel of crude oil, as set by the administrator pursuant
to subdivision (f), received at a refinery within the state begin insert by any
method of transport end insert . The fee shall be paid on the 25th day of each
month based upon the number of barrels of crude oil so received
during the preceding month.

begin delete

(2) The fee shall not be imposed by a refiner, or a person or
entity acting as an agent for a refiner, on crude oil produced by an
independent crude oil producer as defined in paragraph (3). The
board shall not identify a company as exempt from the fee
requirements of this section if that company was reorganized, sold,
or otherwise modified with the intent of circumventing the
requirements of this section.

end delete begin delete

(3) For purposes of this chapter, “independent crude oil
producer” means a person or entity producing crude oil within this
state who does not refine crude oil into a product, and who does
not possess or own a retail gasoline marketing facility.

end delete

(d) A marine terminal operator shall pay a uniform oil spill
response fee in an amount not exceeding twenty-five cents ($0.25),
in accordance with subdivision (g), for each barrel of crude oil, as
set by the administrator pursuant to subdivision (f), that is
transported from within this state by means of a begin delete marine end delete vessel to
a destination outside this state.

(e) An operator of a pipeline shall pay a uniform oil spill
response fee in an amount not exceeding twenty-five cents ($0.25),
in accordance with subdivision (g), for each barrel of crude oil, as
set by the administrator pursuant to subdivision (f), transported
out of the state by pipeline.

(f) (1) The fees required pursuant to this section shall be
collected during any period for which the administrator determines
that collection is necessary for any of the following reasons:

(A) The amount in the fund is less than or equal to 95 percent
of the designated amount specified in subdivision (a) of Section
46012 of the Revenue and Taxation Code.

(B) Additional money is required to pay for the purposes
specified in subdivision (k).

(C) The revenue is necessary to repay a draw on a financial
security obtained by the Treasurer pursuant to subdivision (o) or
borrowing by the Treasurer pursuant to Article 7.5 (commencing
with Section 8670.53.1) including any principal, interest, premium,
fees, charges, or costs of any kind incurred in connection with
those borrowings or financial security.

(2) The administrator, in consultation with the State Board of
Equalization, and with the approval of the Treasurer, may direct
the State Board of Equalization to cease collecting the fee when
the administrator determines that further collection of the fee is
not necessary for the purposes specified in paragraph (1).

(3) The administrator, in consultation with the State Board of
Equalization, shall set the amount of the oil spill response fees.
The oil spill response fees shall be imposed on all feepayers in the
same amount. The administrator shall not set the amount of the
fee at less than twenty-five cents ($0.25) for each barrel of
petroleum products or crude oil, unless the administrator finds that
the assessment of a lesser fee will cause the fund to reach the
designated amount specified in subdivision (a) of Section 46012
of the Revenue and Taxation Code within four months. The fee
shall not be less than twenty-five cents ($0.25) for each barrel of
petroleum products or crude oil if the administrator has drawn
upon the financial security obtained by the Treasurer pursuant to
subdivision (o) or if the Treasurer has borrowed money pursuant
to Article 7.5 (commencing with Section 8670.53.1) and principal,
interest, premium, fees, charges, or costs of any kind incurred in
connection with those borrowings remain outstanding or unpaid,
unless the Treasurer has certified to the administrator that the
money in the fund is not necessary for the purposes specified in
paragraph (1).

(g) The fees imposed by subdivisions (d) and (e) shall be
imposed in any calendar year beginning the month following the
month when the total cumulative year-to-date barrels of crude oil
transported outside the state by all feepayers by means of vessel
or pipeline exceed 6 percent by volume of the total barrels of crude
oil and petroleum products subject to oil spill response fees under
subdivisions (a), (b), and (c) for the prior calendar year.

(h) For purposes of this chapter, “designated amount” means
the amounts specified in Section 46012 of the Revenue and
Taxation Code.

(i) The administrator, in consultation with the State Board of
Equalization and with the approval of the Treasurer, shall authorize
refunds of any money collected that is not necessary for the
purposes specified in paragraph (1) of subdivision (f). The State
Board of Equalization, as directed by the administrator, and in
accordance with Section 46653 of the Revenue and Taxation Code,
shall refund the excess amount of fees collected to each feepayer
who paid the fee to the state, in proportion to the amount that each
feepayer paid into the fund during the preceding 12 monthly
reporting periods in which there was a fee due, including the month
in which the fund exceeded the specified amount. If the total
amount of money in the fund exceeds the amount specified in this
subdivision by 10 percent or less, refunds need not be ordered by
the administrator. This section does not require the refund of excess
fees as provided in this subdivision more frequently than once
each year.

(j) The State Board of Equalization shall collect the fee and
adopt regulations implementing the fee collection program. All
fees collected pursuant to this section shall be deposited in the Oil
Spill Response Trust Fund.

(k) The fee described in this section shall be collected solely
for any of the following purposes:

(1) To provide funds to cover promptly the costs of response,
containment, and cleanup of oil spills into begin delete marine end delete waters begin insert of the
state end insert , including damage assessment costs, and wildlife
rehabilitation as provided in Section 8670.61.5.

(2) To cover response and cleanup costs and other damages
suffered by the state or other persons or entities from oil spills into
begin delete marine end delete waters begin insert of the state end insert , which cannot otherwise be compensated
by responsible parties or the federal government.

(3) To pay claims for damages pursuant to Section 8670.51.

(4) To pay claims for damages, except for damages described
in paragraph (7) of subdivision (h) of Section 8670.56.5, pursuant
to Section 8670.51.1.

(5) To pay for the cost of obtaining financial security in the
amount specified in subdivision (b) of Section 46012 of the
Revenue and Taxation Code, as authorized by subdivision (o).

(6) To pay indemnity and related costs and expenses as
authorized by Section 8670.56.6.

(7) To pay principal, interest, premium, if any, and fees, charges,
and costs of any kind incurred in connection with moneys drawn
by the administrator on the financial security obtained by the
Treasurer pursuant to subdivision (o) or borrowed by the Treasurer
pursuant to Article 7.5 (commencing with Section 8670.53.1).

begin delete

(8) To pay for the costs of rescue, medical treatment,
rehabilitation, and disposition of oiled wildlife, as incurred by the
network of oiled wildlife rescue and rehabilitation stations created
pursuant to Section 8670.37.5.

end delete begin insert

(8) [Reserved]

end insert

(l)  begin delete (1) end delete begin delete   end delete The interest that the state earns on the funds deposited
into the Oil Spill Response Trust Fund shall be deposited in the
fund and shall be used to maintain the fund at the designated
amount specified in subdivision (a) of Section 46012 of the
Revenue and Taxation Code. begin delete Interest earned until July 1, 1998,
on funds deposited pursuant to subdivision (a) of Section 46012
of the Revenue and Taxation Code, as determined jointly by the
Controller and the Director of Finance, shall be available upon
appropriation by the Legislature in the Budget Act to establish,
equip, operate, and maintain the network of rescue and
rehabilitation stations for oiled wildlife as described in Section
8670.37.5 and to support technology development and research
related to oiled wildlife care. Interest earned on the financial
security portion of the fund, required to be accessible pursuant to
subdivision (b) of Section 46012 of the Revenue and Taxation
Code shall not be available for that purpose. end delete If the amount in the
fund exceeds that designated amount, the interest begin delete not needed to
equip, operate, and maintain the network of rescue and
rehabilitation stations, or for appropriate technology development
and research regarding oiled wildlife care, end delete shall be deposited into
the Oil Spill Prevention and Administration Fund, and shall be
available for the purposes authorized by Article 6 (commencing
with Section 8670.38).

begin delete

(2) (A) For each fiscal year, consistent with this article, the
administrator shall submit, as a proposed appropriation in the
Governor’s Budget, an amount up to two million dollars
($2,000,000) of the interest earned on the funds deposited into the
Oil Spill Response Trust Fund for the purpose of equipping,
operating, and maintaining the network of oiled wildlife rescue
and rehabilitation stations and proactive oiled wildlife search and
collection rescue efforts established pursuant to Section 8670.37.5
and for support of technology development and research related
to oiled wildlife care. The remaining interest, if any, shall be
deposited into the Oil Spill Prevention and Administration Fund
pursuant to paragraph (1).

end delete begin delete

(B) The administrator shall report to the Legislature not later
than June 30, 2002, on the progress and effectiveness of the
network of oiled wildlife rescue and rehabilitation stations
established pursuant to Section 8670.37.5, and the adequacy of
the Oil Spill Response Trust Fund to meet the purposes for which
it was established.

end delete begin delete

(C) At the administrator’s request, the funds made available
pursuant to this paragraph may be directly appropriated to a suitable
program for wildlife health and rehabilitation within a school of
veterinary medicine within this state, provided that an agreement
exists, consistent with this chapter, between the administrator and
an appropriate representative of the program for carrying out that
purpose. The administrator shall attempt to have an agreement in
place at all times. The agreement shall ensure that the training of,
and the care provided by, the program staff are at levels that are
consistent with those standards generally accepted within the
veterinary profession.

end delete begin delete

(D) The funds made available pursuant to this paragraph shall
not be considered an offset to any other state funds appropriated
to the program, the program’s associated school of veterinary
medicine, or the program’s associated college or university, and
the funds shall not be used for any other purpose. If an offset does
occur or the funds are used for an unintended purpose, expenditure
of any appropriation of funds pursuant to this paragraph may be
terminated by the administrator and the administrator may request
a reappropriation to accomplish the intended purpose. The
administrator shall annually review and approve the proposed uses
of any funds made available pursuant to this paragraph.

end delete

(m) The Legislature finds and declares that effective response
to oil spills requires that the state have available sufficient funds
in a response fund. The Legislature further finds and declares that
maintenance of that fund is of utmost importance to the state and
that the money in the fund shall be used solely for the purposes
specified in subdivision (k).

begin delete

(n) It is the intent of the Legislature, in enacting this section,
that the fee shall not be imposed by a refiner, or a person or entity
acting as an agent for a refiner, on crude oil produced by an
independent crude oil producer.

end delete begin insert

(n) [Reserved]

end insert

(o) The Treasurer shall obtain financial security, in the
designated amount specified in subdivision (b) of Section 46012
of the Revenue and Taxation Code, in a form which, in the event
of an oil spill, may be drawn upon immediately by the administrator
upon making the determinations required by paragraph (2) of
subdivision (a) of Section 8670.49. The financial security may be
obtained in any of the forms described in subdivision (b) of Section
8670.53.3, as determined by the Treasurer.

(p) This section does not limit the authority of the administrator
to raise oil spill response fees pursuant to Section 8670.48.5.

begin insert

(q) Moneys in the fund may be used to respond to an imminent
threat of a spill in accordance with the provisions of Section
8670.62 pertaining to threatened discharges.

end insert

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 8670.48.3 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.48.3.  

(a) Notwithstanding subparagraph (A) of paragraph
(1) of subdivision (f) of Section 8670.48, a loan or other transfer
of money from the fund to the General Fund pursuant to the Budget
Act that reduces the balance of the Oil Spill Response Trust Fund
to less than or equal to 95 percent of the designated amount
specified in subdivision (a) of Section 46012 of the Revenue and
Taxation Code shall not obligate the administrator to resume
collection of the oil spill response fee otherwise required by this
article if both of the following conditions are met:

(1) The annual Budget Act requires a transfer or loan from the
fund to be repaid to the fund with interest calculated at a rate earned
by the Pooled Money Investment Account as if the money had
remained in the fund.

(2) The annual Budget Act requires all transfers or loans to be
repaid to the fund on or before June 30, begin delete 2014 end delete begin insert 2017 end insert .

(b) A transfer or loan described in subdivision (a) shall be repaid
as soon as possible if a spill occurs and the administrator
determines that response funds are needed immediately.

(c) If there is a conflict between this section and any other law
or enactment, this section shall control.

(d) This section shall remain in effect until July 1, begin delete 2014, end delete begin insert 2017, end insert
and as of that date is repealed.

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 8670.49 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.49.  

(a) (1) The administrator may only expend money
from the fund to pay for any of the following, subject to the lien
established in Section 8670.53.2:

(A) To pay the cost of obtaining financial security as authorized
by paragraph (5) of subdivision (k) and subdivision (o) of Section
8670.48.

(B) To pay the principal, interest, premium, if any, and fees,
charges, and costs of any kind incurred in connection with moneys
drawn by the administrator on the financial security obtained by
the Treasurer, or the moneys borrowed by the Treasurer, as
authorized by paragraph (7) of subdivision (k) of Section 8670.48.

begin delete

(C) To pay for the construction, equipping, operation, and
maintenance of rescue and rehabilitation facilities, and technology
development for oiled wildlife care from interest earned on money
deposited in the fund as authorized by subdivision (l) of Section
8670.48.

(D) To pay for the costs of rescue, medical treatment,
rehabilitation, and disposition of oiled wildlife, as incurred by the
network of oiled wildlife rescue and rehabilitation stations pursuant
to subdivision (f) of Section 8670.37.5.

(E)

end delete

begin insert (C) end insert  To pay for the expansion, in the VTS area, pursuant to
Section 445 of the Harbors and Navigation Code, of the vessel
traffic service system (VTS system) authorized pursuant to
subdivision (f) of Section 8670.21.

(2) If a spill has occurred, the administrator may expend the
money in the fund for the purposes identified in paragraphs (1),
(2), (3), (4), and (6) of subdivision (k) of Section 8670.48 only
upon making the following determinations:

(A) Except as authorized by Section 8670.51.1, a responsible
party does not exist or the responsible party is unable or unwilling
to provide adequate and timely cleanup and to pay for the damages
resulting from the spill. The administrator shall make a reasonable
effort to have the party responsible remove the oil or agree to pay
for any actions resulting from the spill that may be required by
law, provided that the efforts are not detrimental to fish, plant,
animal, or bird life in the affected waters. The reasonable effort
of the administrator shall include attempting to access the
responsible parties’ insurance or other proof of financial
responsibility.

(B) Sufficient federal oil spill funds are not available or will
not be available in an adequate period of time.

(3) Notwithstanding any other provision of this subdivision, the
administrator may expend money from the fund for authorized
expenditures when a reimbursement procedure is in place to receive
reimbursements for those expenditures from federal oil spill funds.

(b) Upon making the determinations specified in paragraph (2)
of subdivision (a), the administrator shall immediately make
whatever payments are necessary for responding to, containing,
or cleaning up, the spill, including any wildlife rehabilitation
required by law and payment of claims pursuant to Sections
8670.51 and 8670.51.1, subject to the lien established by Section
8670.53.2.

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Section 8670.50 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.50.  

(a) Money from the fund may only be expended to
cover the costs incurred by the state and local governments and
agencies for any of the following:

(1) Responding promptly to, containing, and cleaning up the
discharge, if those efforts are any of the following:

(A) Undertaken pursuant to the state and local oil spill
contingency plans established under this chapter, and the begin delete marine
response element of the end delete California oil spill contingency plan
established under Article 3.5 (commencing with Section 8574.1)
of Chapter 7.

(B) Undertaken consistent with the standardized emergency
management system established pursuant to Section 8607.

(C) Undertaken at the direction of the administrator.

(2) Meeting the requirements of Section 8670.61.5, relating to
wildlife rehabilitation.

(3) Making the payments authorized by subdivision (k) of
Section 8670.48.

(b) In the event of an oil spill, the administrator shall make
whatever expenditures are necessary and appropriate from the fund
to cover the costs described in subdivision (a), subject to the lien
established pursuant to Section 8670.53.2.

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 8670.51 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.51.  

(a) When a person has obtained a final judgment for
damages resulting from an oil spill in begin delete marine end delete waters begin insert of the state end insert ,
but is unable, within one year after the date of its entry, to enforce
the judgment pursuant to Title 9 (commencing with Section
680.010) of the Code of Civil Procedure, or is unable to obtain
satisfaction of the judgment from the federal government within
90 additional days, the administrator shall pay an amount not to
exceed those amounts begin delete which end delete begin insert that end insert cannot be recovered from a
responsible party and the fund shall be subrogated to all rights,
claims, and causes of action that the claimant has under this
chapter, Article 3. 5 (commencing with Section 8574.1) of Chapter
7, Section 8670.61.5, and Division 7.8 (commencing with Section
8750) of the Public Resources Code.

(b) Any person may apply to the fund for compensation for
damages and losses suffered as a result of an oil spill in begin delete marine end delete
waters begin insert of the state end insert under any of the following conditions:

(1) The responsible party or parties cannot be ascertained.

(2) A responsible party is not liable for noneconomic damages
caused by another.

(3) Subdivision (i) of Section 8670.56.6 is applicable to the
claim.

(c) The administrator shall not approve any claim in an amount
begin delete which end delete begin insert that end insert exceeds the amount to which the person would
otherwise be entitled pursuant to Section 8670.56.5, and shall pay
claims from the fund which are approved pursuant to this section.

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 8670.53 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.53.  

The Attorney General, in consultation with the
administrator, shall undertake actions to recover all costs to the
funds from any responsible party for an oil spill into begin delete marine end delete waters
begin insert of the state end insert for which expenditures are made from the fund. The
recovery of costs pursuant to this section shall not foreclose the
Attorney General from any other actions allowed by law.

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 8670.54 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.54.  

(a) The Oil Spill Technical Advisory Committee,
hereafter in this article begin insert , end insert the committee, is hereby established to
provide public input and independent judgment of the actions of
the administrator. The committee shall consist of begin delete 10 end delete begin insert 14 end insert members,
of whom begin delete six end delete begin insert eight end insert shall be appointed by the Governor, begin delete two end delete begin insert three end insert
by the Speaker of the Assembly, and begin delete two end delete begin insert three end insert by the Senate
begin insert Committee on end insert Rules begin delete Committee end delete . The appointments shall be made
in the following manner:

(1) The Speaker of the begin delete Assembly, end delete begin insert Assembly end insert and Senate
begin insert Committee on end insert Rules begin delete Committee end delete shall each appoint begin delete members end delete begin insert a
member end insert who shall be begin delete representatives end delete begin insert a representative end insert of the public.

(2) The Governor shall appoint a member who has a
demonstrable knowledge of marine transportation.

(3) The Speaker of the Assembly and the Senate Rules
Committee shall each appoint begin delete a member end delete begin insert two members end insert who begin delete has end delete
begin insert have end insert demonstrable knowledge of environmental protection and
the study of ecosystems.

(4) The Governor shall appoint a member who has served as a
local government elected official or who has worked for a local
government.

(5) The Governor shall appoint a member who has experience
in oil spill response and prevention programs.

(6) The Governor shall appoint a member who has been
employed in the petroleum industry.

(7) The Governor shall appoint a member who has worked in
state government.

(8) The Governor shall appoint a member who has demonstrable
knowledge of the dry cargo vessel industry.

begin insert

(9) The Governor shall appoint a member who has demonstrable
knowledge of the railroad industry.

end insert begin insert

(10) The Governor shall appoint a member who has
demonstrable knowledge of the oil production industry.

end insert

(b) The committee shall meet as often as required, but at least
twice per year. Members shall be paid one hundred dollars ($100)
per day for each meeting and all necessary travel expenses at state
per diem rates.

(c) The administrator and any personnel the administrator
determines to be appropriate shall serve as staff to the committee.

(d) A begin delete chairman end delete begin insert chair end insert and vice begin delete chairman end delete begin insert chair end insert shall be elected
by a majority vote of the committee.

begin delete

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

end delete

begin delete SEC. 3. end delete
begin insert SEC. 47. end insert   

Section 8670.55 of the Government Code is amended
to read:

8670.55.  

(a) (1) The committee shall provide
recommendations to the administrator, the State Lands
Commission, the California Coastal Commission, begin delete and end delete the San
Francisco Bay Conservation and Development begin insert Commission,
Division of Oil, Gas, and Geothermal Resources, the Office of the
State Fire Marshall, and the Public Utilities end insert Commission on any
provision of this chapter including the promulgation of all rules,
regulations, guidelines, and policies.

(2) Pursuant to paragraph (1), the committee shall monitor and
evaluate the modes of transportation of oil into and within the state
and the properties of the oil to identify any necessary changes in
oil spill response and preparedness programs to meet the goals of
this chapter.

(b) The committee may, at its own discretion, study, comment
on, or evaluate, any aspect of oil spill prevention and response in
the state. To the greatest extent possible, these studies shall be
coordinated with studies being done by the federal government,
the administrator, the State Lands Commission, the State Water
Resources Control Board, and other appropriate state and
international entities. Duplication with the efforts of other entities
shall be minimized.

(c) The committee may attend any drills called pursuant to
Section 8670.10 or any oil spills, if practicable.

(d) The committee shall report biennially to the Governor and
the Legislature on its evaluation of oil spill response and
preparedness programs within the state and may prepare and send
any additional reports it determines to be appropriate to the
Governor and the Legislature.

begin delete

(e) On or before August 1, 2005, the committee shall review
the Department of Finance report required under Section 8670.42
and prepare and submit to the Governor and the Legislature
comments on the report, including, but not limited to,
recommendations for improving the state’s oil spill prevention,
response, and preparedness program.

end delete

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Section 8670.56.5 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.56.5.  

(a)  A responsible party, as defined in Section
8670.3, shall be absolutely liable without regard to fault for any
damages incurred by any injured party that arise out of, or are
caused by a spill begin delete or inland spill end delete .

(b) A responsible person is not liable to an injured party under
this section for any of the following:

(1) Damages, other than costs of removal incurred by the state
or a local government, caused solely by any act of war, hostilities,
civil war, or insurrection or by an unanticipated grave natural
disaster or other act of God of an exceptional, inevitable, and
irresistible character, which could not have been prevented or
avoided by the exercise of due care or foresight.

(2) Damages caused solely by the negligence or intentional
malfeasance of that injured party.

(3) Damages caused solely by the criminal act of a third party
other than the defendant or an agent or employee of the defendant.

(4) Natural seepage not caused by a responsible party.

(5) Discharge or leaking of oil or natural gas from a private
pleasure boat or vessel.

(6) Damages that arise out of, or are caused by, a discharge that
is authorized by a state or federal permit.

(c) The defenses provided in subdivision (b) shall not be
available to a responsible person who fails to comply with Sections
8670.25, 8670.25.5, 8670.27, and 8670.62.

(d) Upon motion and sufficient showing by a party deemed to
be responsible under this section, the court shall join to the action
any other party who may be responsible under this section.

(e) In determining whether a party is a responsible party under
this section, the court shall consider the results of chemical or other
scientific tests conducted to determine whether oil or other
substances produced, discharged, or controlled by the defendant
matches the oil or other substance that caused the damage to the
injured party. The defendant shall have the burden of producing
the results of tests of samples of the substance that caused the
injury and of substances for which the defendant is responsible,
unless it is not possible to conduct the tests because of
unavailability of samples to test or because the substance is not
one for which reliable tests have been developed. At the request
of a party, any other party shall provide samples of oil or other
substances within its possession or control for testing.

(f) The court may award reasonable costs of the suit, attorneys’
fees, and the costs of necessary expert witnesses to a prevailing
plaintiff. The court may award reasonable costs of the suit and
attorneys’ fees to a prevailing defendant if the court finds that the
plaintiff commenced or prosecuted the suit under this section in
bad faith or solely for purposes of harassing the defendant.

(g) This section does not prohibit a person from bringing an
action for damages caused by oil or by exploration, under any
other provision or principle of law, including, but not limited to,
common law. However, damages shall not be awarded pursuant
to this section to an injured party for loss or injury for which the
party is or has been awarded damages under any other provision
or principle of law. Subdivision (b) does not create a defense not
otherwise available regarding an action brought under any other
provision or principle of law, including, but not limited to, common
law.

(h) Damages for which responsible parties are liable under this
section include the following:

(1) All costs of response, containment, cleanup, removal, and
treatment, including, but not limited to, monitoring and
administration costs incurred pursuant to the California oil spill
contingency plan or actions taken pursuant to directions by the
administrator.

(2) Injury to, or economic losses resulting from destruction of
or injury to, real or personal property, which shall be recoverable
by any claimant who has an ownership or leasehold interest in
property.

(3) Injury to, destruction of or loss of, natural resources,
including, but not limited to, the reasonable costs of rehabilitating
wildlife, habitat, and other resources and the reasonable costs of
assessing that injury, destruction, or loss, in an action brought by
the state, a county, city, or district. Damages for the loss of natural
resources may be determined by any reasonable method, including,
but not limited to, determination according to the costs of restoring
the lost resource.

(4) Loss of subsistence use of natural resources, which shall be
recoverable by a claimant who so uses natural resources that have
been injured, destroyed, or lost.

(5) Loss of taxes, royalties, rents, or net profit shares caused by
the injury, destruction, loss, or impairment of use of real property,
personal property, or natural resources.

(6) Loss of profits or impairment of earning capacity due to the
injury, destruction, or loss of real property, personal property, or
natural resources, which shall be recoverable by any claimant who
derives at least 25 percent of his or her earnings from the activities
that utilize the property or natural resources, or, if those activities
are seasonal in nature, 25 percent of his or her earnings during the
applicable season.

(7) Loss of use and enjoyment of natural resources, public
beaches, and other public resources or facilities, in an action
brought by the state, a county, city, or district.

(i) Except as provided in Section 1431.2 of the Civil Code,
liability under this section shall be joint and several. However, this
section does not bar a cause of action that a responsible party has
or would have, by reason of subrogation or otherwise, against a
person.

(j) This section does not apply to claims for damages for
personal injury or wrongful death, and does not limit the right of
a person to bring an action for personal injury or wrongful death
under any provision or principle of law.

(k)  Payments made by a responsible party to cover liabilities
arising from a discharge of oil, whether under this division or any
other provision of federal, state, or local law, shall not be charged
against royalties, rents, or net profits owed to the United States,
the state, or any other public entity.

(l)  An action that a private or public individual or entity may
have against a responsible party under this section may be brought
directly by the individual or entity or by the state on behalf of the
individual or entity. However, the state shall not pursue an action
on behalf of a private individual or entity that requests the state
not to pursue that action.

(m) For the purposes of this section, “vessels” means vessels
as defined in Section 21 of the Harbors and Navigation Code.

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Section 8670.56.6 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.56.6.  

(a) (1) Except as provided in subdivisions (b) and
(d), and subject to subdivision (c), begin delete no end delete begin insert a end insert person, including, but not
limited to, an oil spill cooperative, its agents, subcontractors, or
employees, shall begin insert not end insert be liable under this chapter or the laws of the
state to any person for costs, damages, or other claims or expenses
as a result of actions taken or omitted in good faith in the course
of rendering care, assistance, or advice in accordance with the
National Contingency Plan, the California oil spill contingency
plan, or at the direction of the administrator, onsite coordinator,
or the Coast Guard in response to a spill or threatened spill begin delete of oil end delete .

(2) The qualified immunity under this section shall not apply
to any oil spill response action that is inconsistent with the
following:

(A) The directions of the unified command, consisting of at
least the Coast Guard and the administrator.

(B) In the absence of a unified command, the directions of the
administrator pursuant to Section 8670.27.

(C) In the absence of directions pursuant to subparagraph (A)
or (B), applicable oil spill contingency plans implemented under
this division.

(3) Nothing in this section shall, in any manner or respect, affect
or impair any cause of action against or any liability of any person
or persons responsible for the spill, for the discharged oil, or for
the vessel, terminal, pipeline, or facility from which the oil was
discharged. The responsible person or persons shall remain liable
for any and all damages arising from the discharge, including
damages arising from improperly carried out response efforts, as
otherwise provided by law.

(b) Nothing in this section shall, in any manner or respect, affect
or impair any cause of action against or any liability of any party
or parties responsible for the spill, or the responsible party’s agents,
employees, or subcontractors, except persons immunized under
subdivision (a) for response efforts, for the discharged oil, or for
the vessel, terminal, pipeline, or begin delete marine end delete facility from which the
oil was discharged.

(c) The responsible party or parties shall be subject to both of
the following:

(1) Notwithstanding subdivision (b) or (i) of Section 8670.56.5,
or any other provision of law, be strictly and jointly and severally
liable for all damages arising pursuant to subdivision (h) of Section
8670.56.5 from the response efforts of its agents, employees,
subcontractors, or an oil spill cooperative of which it is a member
or with which it has a contract or other arrangement for cleanup
of its oil spills, unless it would have a defense to the original spill.

(2) Remain strictly liable for any and all damages arising from
the response efforts of a person other than a person specified in
paragraph (1).

(d) Nothing in this section shall immunize a cooperative or any
other person from liability for acts of gross negligence or willful
misconduct in connection with the cleanup of a spill.

(e) This section does not apply to any action for personal injury
or wrongful death.

(f) As used in this section, a “cooperative” means an
organization of private persons which is established for the primary
purpose and activity of preventing or rendering care, assistance,
or advice in response to a spill or threatened spill.

(g) Except for the responsible party, membership in a
cooperative shall not, in and of itself, be grounds for liability
resulting from cleanup activities of the cooperative.

(h) For purposes of this section, there shall be a rebuttable
presumption that an act or omission described in subdivision (a)
was taken in good faith.

(i) In any situation in which immunity is granted pursuant to
subdivision (a) and a responsible party is not liable, is not liable
for noneconomic damages caused by another, or is partially or
totally insolvent, the fund provided for in Article 7 (commencing
with Section 8670.46) shall, in accordance with its terms, reimburse
claims of any injured party for which a person who is granted
immunity pursuant to this section would otherwise be liable.

(j) (1) The immunity granted by this section shall only apply
to response efforts that are undertaken after the administrator
certifies that contracts with qualified and responsible persons are
in place to ensure an adequate and expeditious response to any
foreseeable oil spill that may occur in begin delete marine end delete waters begin insert of the state end insert
for which the responsible party (A) cannot be identified or (B) is
unable or unwilling to respond, contain, and clean up the oil spill
in an adequate and timely manner. In negotiating these contracts,
the administrator shall, to the maximum extent practicable, procure
the services of persons who are willing to respond to oil spills with
no, or lesser, immunity than that conferred by this section, but, in
no event, a greater immunity. The administrator shall make the
certification required by this subdivision on an annual basis. Upon
certification, the immunity conferred by this section shall apply
to all response efforts undertaken during the calendar year to which
the certification applies. In the absence of the certification required
by this subdivision, the immunity conferred by this section shall
not attach to any response efforts undertaken by any person in
begin delete marine end delete waters begin insert of the state end insert .

(2) In addition to the authority to negotiate contracts described
in paragraph (1), the administrator may also negotiate and enter
into indemnification agreements with qualified and financially
responsible persons to respond to oil spills that may occur in begin delete marine end delete
waters begin insert of the state end insert for which the responsible party (A) cannot be
identified or (B) is unable or unwilling to respond, contain, and
clean up the oil spill in an adequate and timely manner.

(3) The administrator may indemnify response contractors for
(A) all damages payable by means of settlement or judgment that
arise from response efforts to which the immunity conferred by
this section would otherwise apply, and (B) reasonably related
legal costs and expenses incurred by the responder, provided that
indemnification shall only apply to response efforts undertaken
after the expiration of any immunity that may exist as the result
of the contract negotiations authorized in this subdivision. In
negotiating these contracts, the administrator shall, to the maximum
extent practicable, procure the services of persons who are willing
to respond to oil spills with no, or as little, right to indemnification
as possible. All indemnification shall be paid by the administrator
from the Oil Spill Response Trust Fund.

(4) (A) The contracts required by this section, and any other
contracts entered into by the administrator for response,
containment, or cleanup of an existing spill, begin insert or for response of an
imminent threat of a spill, end insert the payment of which is to be made
from the Oil Spill Response Trust Fund created pursuant to Section
8670.46, begin delete or for response to an imminent threat of a spill, the
payment of which is to be made out of the Oil Spill Prevention
and Administration Fund created pursuant to Section 8670.38, end delete
shall be exempt from Part 2 (commencing with Section 10100) of
Division 2 of the Public Contract Code and Article 6 (commencing
with Section 999) of Chapter 6 of Division 4 of the Military and
Veterans Code.

(B) The exemption specified in subparagraph (A) applies only
to contracts for which the services are used for a period of less
than 90 days, cumulatively, per year.

(C) This paragraph shall not be construed as limiting the
administrator’s authority to exercise the emergency powers granted
pursuant to subdivision (c) of Section 8670.62, including the
authority to enter into emergency contracts that are exempt from
approval by the Department of General Services.

(k) (1) With regard to a person who is regularly engaged in the
business of responding to oil spills, the immunity conferred by
this section shall not apply to any response efforts by that person
that occur later than 60 days after the first day the person’s response
efforts commence.

(2) Notwithstanding the limitation contained in paragraph (1),
the administrator may, upon making all the following findings,
extend the period of time, not to exceed 30 days, during which the
immunity conferred by this section applies to response efforts:

(A) Due to inadequate or incomplete containment and
stabilization, there exists a substantial probability that the size of
the spill will significantly expand and (i) threaten previously
uncontaminated begin delete marine or land end delete resources, (ii) threaten already
contaminated begin delete marine or land end delete resources with substantial additional
contamination, or (iii) otherwise endanger the public health and
safety or harm the environment.

(B) The remaining work is of a difficult or perilous nature that
extension of the immunity is clearly in the public interest.

(C) No other qualified and financially responsible contractor is
prepared and willing to complete the response effort in the absence
of the immunity, or a lesser immunity, as negotiated by contract.

(3) The administrator shall provide five days’ notice of his or
her proposed decision to either extend, or not extend, the immunity
conferred by this section. Interested parties shall be given an
opportunity to present oral and written evidence at an informal
hearing. In making his or her proposed decision, the administrator
shall specifically seek and consider the advice of the relevant Coast
Guard representative. The administrator’s decision to not extend
the immunity shall be announced at least 10 working days before
the expiration of the immunity to provide persons an opportunity
to terminate their response efforts as contemplated by paragraph
(4).

(4) No person or their agents, subcontractors, or employees shall
incur any liability under this chapter or any other provision of law
solely as a result of that person’s decision to terminate their
response efforts because of the expiration of the immunity
conferred by this section. A person’s decision to terminate response
efforts because of the expiration of the immunity conferred by this
section shall not in any manner impair, curtail, limit, or otherwise
affect the immunity conferred on the person with regard to the
person’s response efforts undertaken during the period of time the
immunity applied to those response efforts.

(5) The immunity granted under this section shall attach, without
the limitation contained in this subdivision, to the response efforts
of any person who is not regularly engaged in the business of
responding to oil spills. A person who is not regularly engaged in
the business of responding to oil spills includes, but is not limited
to, (A) a person who is primarily dedicated to the preservation and
rehabilitation of wildlife and (B) a person who derives his or her
livelihood primarily from fishing.

(l) As used in this section, “response efforts” means rendering
care, assistance, or advice in accordance with the National
Contingency Plan, the California oil spill contingency plan, or at
the direction of the administrator, begin delete onsite coordinator, end delete begin insert United States
Environmental Protection Agency, end insert or the Coast Guard in response
to a spill or threatened spill into begin delete marine end delete waters begin insert of the state end insert .

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Section 8670.61.5 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.61.5.  

(a) For purposes of this chapter, “wildlife
rehabilitation” means those actions that are necessary to fully
mitigate for the damage caused to wildlife, fisheries, wildlife
habitat, and fisheries habitat, including beaches, from a begin delete spill or
inland end delete spill.

(b) Responsible parties shall fully mitigate adverse impacts to
wildlife, fisheries, wildlife habitat, and fisheries habitat. Full
mitigation shall be provided by successfully carrying out
environmental projects or funding restoration activities required
by the administrator in carrying out projects complying with the
requirements of this section. Responsible parties are also liable
for the costs incurred by the administrator or other government
agencies in carrying out this section.

(c) If any significant wildlife rehabilitation is necessary, the
administrator may require the responsible party to prepare and
submit to the administrator, and to implement, a wildlife
rehabilitation plan. The plan shall describe the actions that will be
implemented to fully meet the requirements of subdivision (b),
describe contingency measures that will be carried out in the event
that any of the plan actions are not fully successful, provide a
reasonable implementation schedule, describe the monitoring and
compliance program, and provide a financing plan. The
administrator shall review and determine whether to approve the
plan within 60 days of submittal. Before approving a plan, the
administrator shall first find that the implementation of the plan
will fully mitigate the adverse impacts to wildlife, fisheries, wildlife
habitat, and fisheries habitat. If the habitat contains beaches that
are or were used for recreational purposes, the Department of Parks
and Recreation shall review the plan and provide comments to the
administrator.

(d) The plan shall place first priority on avoiding and minimizing
any adverse impacts. For impacts that do occur, the plan shall
provide for full onsite restoration of the damaged resource to the
extent feasible. To the extent that full onsite restoration is not
feasible, the plan shall provide for offsite in-kind mitigation to the
extent feasible. To the extent that adverse impacts still have not
been fully mitigated, the plan shall provide for the enhancement
of other similar resources to the extent necessary to meet the
requirements of subdivision (b). In evaluating whether a wildlife
rehabilitation plan is adequate, the administrator may use the
habitat evaluation begin insert methods or end insert procedures established by the United
States Fish and Wildlife Service or any other reasonable methods
as determined by the begin delete Director of end delete begin insert Department of end insert Fish and begin delete Game end delete
begin insert Wildlife end insert .

(e) The administrator shall prepare regulations to implement
this section. The regulations shall include deadlines for the
submittal of plans. In establishing the deadlines, the administrator
shall consider circumstances such as the size of the spill and the
time needed to assess damage and mitigation.

begin insert

begin insert SEC. 51. end insert   

end insert

begin insert Section 8670.62 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.62.  

(a) Any person who discharges oil into begin delete marine end delete waters
begin insert of the state end insert , upon order of the administrator, shall do all of the
following:

(1) Clean up the oil.

(2) Abate the effects of the discharge.

(3) In the case of a threatened discharge, take other necessary
remedial action.

(b) Upon failure of any person to comply with a cleanup or
abatement order, the Attorney General or a district attorney, at the
request of the administrator, shall petition the superior court for
that county for the issuance of an injunction requiring the person
to comply with the order. In any such suit, the court shall have
jurisdiction to grant a prohibitory or mandatory injunction, either
preliminary or permanent, as the facts may warrant.

(c) Consistent with the state contingency plan, the administrator
may expend available money to perform any response;
containment; cleanup; wildlife rehabilitation, which includes
assessment of resource injuries and damages, or remedial work
required pursuant to subdivision (a) which, in the administrator’s
judgment, is required by the circumstances or the urgency of
prompt action required to prevent pollution, nuisance, or injury to
the environment of the state. The action may be taken in default
of, or in addition to, remedial work by the responsible party or
other persons, and regardless of whether injunctive relief is sought.
The administrator may perform the work in cooperation with any
other governmental agency, and may use rented tools or equipment,
either with begin insert or without end insert operators furnished begin delete or unoperated end delete .
Notwithstanding any other provisions of law, the administrator
may enter into oral contracts for the work, and the contracts,
whether written or oral, may include provisions for equipment
rental and the furnishing of labor and materials necessary to
accomplish the work. The contracts shall be exempt from Part 2
(commencing with Section 10100) of Division 2 of the Public
Contract Code and Article 6 (commencing with Section 999) of
Chapter 6 of Division 4 of the Military and Veterans Code.

(d) If the discharge is cleaned up, or attempted to be cleaned
up, the effects thereof abated, or, in the case of threatened pollution
or nuisance, other necessary remedial action is taken by any
governmental agency, the person or persons who discharged the
waste, discharged the oil, or threatened to cause or permit the
discharge of the oil within the meaning of subdivision (a), shall
be liable to that governmental agency for the reasonable costs
actually incurred in cleaning up that waste, abating the effects
thereof, or taking other remedial action. The amount of the costs
shall be recoverable in a civil action by, and paid to, the applicable
governmental agency and the administrator, to the extent the
administrator contributed to the cleanup costs from the Oil Spill
Response Trust Fund or other available funds.

(e) If, despite reasonable effort by the administrator to identify
the party responsible for the discharge of oil or the condition of
pollution or nuisance, the person is not identified at the time
cleanup, abatement, or remedial work must be performed, the
administrator shall not be required to issue an order under this
section. The absence of a responsible party shall not in any way
limit the powers of the administrator under this section.

(f) “Threaten,” for purposes of this section, means a condition
creating a substantial probability of harm, when the probability
and potential extent of harm makes it reasonably necessary to take
immediate action to prevent, reduce, or mitigate damages to
persons, property, or natural resources.

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Section 8670.64 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.64.  

(a) A person who commits any of the following acts,
shall, upon conviction, be punished by imprisonment in a county
jail for not more than one year or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code:

(1) Except as provided in Section 8670.27, knowingly fails to
follow the direction or orders of the administrator in connection
with an oil spill.

(2) Knowingly fails to notify the Coast Guard that a vessel is
disabled within one hour of the disability and the vessel, while
disabled, causes a discharge of oil which enters marine waters.
For the purposes of this paragraph, “vessel” means a vessel, as
defined in Section 21 of the Harbors and Navigation Code, of 300
gross registered tons or more.

(3) Knowingly engages in or causes the discharge or spill of oil
into begin delete marine end delete waters begin insert of the state end insert , or a person who reasonably should
have known that he or she was engaging in or causing the discharge
or spill of oil into begin delete marine end delete waters begin insert of the state end insert , unless the discharge
is authorized by the United States, the state, or another agency
with appropriate jurisdiction.

(4) Knowingly fails to begin cleanup, abatement, or removal of
spilled oil as required in Section 8670.25.

(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine of not less than five thousand
dollars ($5,000) or more than five hundred thousand dollars
($500,000) for each violation. For purposes of this subdivision,
each day or partial day that a violation occurs is a separate
violation.

(c) (1) A person who knowingly does any of the acts specified
in paragraph (2) shall, upon conviction, be punished by a fine of
not less than two thousand five hundred dollars ($2,500) or more
than two hundred fifty thousand dollars ($250,000), or by
imprisonment in a county jail for not more than one year, or by
both the fine and imprisonment. Each day or partial day that a
violation occurs is a separate violation. If the conviction is for a
second or subsequent violation of this subdivision, the person shall
be punished by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code, or in a county jail for not more than one
year, or by a fine of not less than five thousand dollars ($5,000)
or more than five hundred thousand dollars ($500,000), or by both
that fine and imprisonment:

(2) The acts subject to this subdivision are all of the following:

(A) Failing to notify the Office of Emergency Services in
violation of Section 8670.25.5.

(B) Knowingly making a false or misleading begin delete marine end delete oil spill
report to the Office of Emergency Services.

(C) Continuing operations for which an oil spill contingency
plan is required without an oil spill contingency plan approved
pursuant to Article 5 (commencing with Section 8670.28).

(D) Except as provided in Section 8670.27, knowingly failing
to follow the material provisions of an applicable oil spill
contingency plan.

begin insert

begin insert SEC. 53. end insert   

end insert

begin insert Section 8670.66 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.66.  

(a)  begin delete Any end delete begin insert A end insert person who intentionally or negligently
does any of the following acts shall be subject to a civil penalty
for a spill of not less than fifty thousand dollars ($50,000) or more
than one million dollars ($1,000,000), begin delete or for an inland spill not to
exceed fifty thousand dollars ($50,000), end delete for each violation, and
each day or partial day that a violation occurs is a separate
violation:

(1) Except as provided in Section 8670.27, fails to follow the
direction or orders of the administrator in connection with a spill
or inland spill.

(2) Fails to notify the Coast Guard that a vessel is disabled
within one hour of the disability and the vessel, while disabled,
causes a spill that enters marine waters. For the purposes of this
paragraph, “vessel” means a vessel, as defined in Section 21 of
the Harbors and Navigation Code, of 300 gross registered tons or
more.

(3) Is responsible for a spill begin delete or inland spill end delete , unless the discharge
is authorized by the United States, the state, or other agency with
appropriate jurisdiction.

(4) Fails to begin cleanup, abatement, or removal of oil as
required in Section 8670.25.

(b) Except as provided in subdivision (a), any person who
intentionally or negligently violates any provision of this chapter,
or Division 7.8 (commencing with Section 8750) of the Public
Resources Code, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to those provisions, shall
be liable for a civil penalty not to exceed two hundred fifty
thousand dollars ($250,000) for each violation of a separate
provision, or, for continuing violations, for each day that violation
continues.

(c)  begin delete No end delete begin insert A end insert person shall begin insert not end insert be liable for a civil penalty imposed
under this section and for a civil penalty imposed pursuant to
Section 8670.67 for the same act or failure to act.

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Section 8670.67 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.67.  

(a) Any person who intentionally or negligently does
any of the following acts shall be subject to an administrative civil
penalty for a spill not to exceed two hundred thousand dollars
($200,000), begin delete or for an inland spill not to exceed fifty thousand
dollars ($50,000), end delete for each violation as imposed by the
administrator pursuant to Section 8670.68, and each day or partial
day that a violation occurs is a separate violation:

(1) Except as provided in Section 8670.27, fails to follow the
applicable contingency plans or the direction or orders of the
administrator in connection with a spill or inland spill.

(2) Fails to notify the Coast Guard that a vessel is disabled
within one hour of the disability and the vessel, while disabled,
causes a discharge that enters marine waters or inland waters. For
the purposes of this paragraph, “vessel” means a vessel, as defined
in Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.

(3) Is responsible for a spill begin delete or inland spill end delete , unless the discharge
is authorized by the United States, the state, or other agency with
appropriate jurisdiction.

(4) Fails to begin cleanup, abatement, or removal of spilled oil
as required by Section 8670.25.

(b) Except as provided in subdivision (a), any person who
intentionally or negligently violates any provision of this chapter,
or Division 7.8 (commencing with Section 8750) of the Public
Resources Code, or any permit, rule, regulation, standard, cease
and desist order, or requirement issued or adopted pursuant to
those provisions, shall be liable for an administrative civil penalty
as imposed by the administrator pursuant to Section 8670.68, not
to exceed one hundred thousand dollars ($100,000) for each
violation of a separate provision, or, for continuing violations, for
each day that violation continues.

(c) No person shall be liable for a civil penalty imposed under
this section and for a civil penalty imposed pursuant to Section
8670.66 for the same act or failure to act.

begin insert

begin insert SEC. 55. end insert   

end insert

begin insert Section 8670.67.5 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.67.5.  

(a) Any person who without regard to intent or
negligence causes or permits a spill begin delete or inland spill end delete shall be strictly
liable civilly in accordance with subdivision (b) or (c).

(b) A penalty may be administratively imposed by the
administrator in accordance with Section 8670.68 begin delete in an amount
not to exceed ten dollars ($10) per gallon of oil released for an
inland spill, and end delete in an amount not to exceed twenty dollars ($20)
per gallon for a spill. The amount of the penalty shall be reduced
for every gallon of released oil that is recovered and properly
disposed of in accordance with applicable law.

(c) Whenever the release of oil resulted from gross negligence
or reckless conduct, the administrator shall, in accordance with
Section 8670.68, impose a penalty begin delete in the amount of thirty dollars
($30) per gallon of oil released for an inland spill, and end delete in an amount
not to exceed sixty dollars ($60) for a spill. The amount of the
penalty shall be reduced for every gallon of released oil that is
recovered and properly disposed of in accordance with applicable
law.

(d) The administrator shall adopt regulations governing the
method for determining the amount of oil that is cleaned up.

begin insert

begin insert SEC. 56. end insert   

end insert

begin insert Section 8670.69.4 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.69.4.  

(a) When the administrator determines that any
person has undertaken, or is threatening to undertake, any activity
or procedure that (1) requires a permit, certificate, approval, or
authorization under this chapter, without securing a permit, or (2)
is inconsistent with any of the permits, certificates, rules,
regulations, guidelines, or authorizations, previously issued or
adopted by the administrator, or (3) threatens to cause or
substantially increases the risk of unauthorized discharge of oil
into the begin delete marine end delete waters of the state, the administrator may issue an
order requiring that person to cease and desist.

(b) Any cease and desist order issued by the administrator may
be subject to begin delete such end delete terms and conditions as the administrator may
determine are necessary to ensure compliance with this division.

(c) Any cease and desist order issued by the administrator shall
become null and void 90 days after issuance.

(d) A cease and desist order issued by the administrator shall
be effective upon the issuance thereof, and copies shall be served
immediately by certified mail upon the person or governmental
agency being charged with the actual or threatened violation.

(e) Any cease and desist order issued by the administrator shall
be consistent with subdivision (a) of Section 8670.27.

begin insert

begin insert SEC. 57. end insert   

end insert

begin insert Section 8670.69.7 of the end insert begin insert Government Code end insert begin insert is
repealed. end insert

begin delete

8670.69.7.  

All penalties collected under this article for inland
spills shall be deposited into the Fish and Wildlife Pollution
Account in the Fish and Game Preservation Fund and be available
for expenditure in accordance with Section 12017 of the Fish and
Game Code.

end delete

begin insert

begin insert SEC. 58. end insert   

end insert

begin insert Section 8670.71 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8670.71.  

(a) The administrator shall fund only those projects
approved by the Environmental Enhancement Committee.

(b) For the purposes of this article, an enhancement project is
a project that acquires habitat for preservation, or improves habitat
quality and ecosystem function above baseline conditions, and that
meets all of the following requirements:

(1) Is located within or immediately adjacent to begin delete California
marine end delete waters begin insert of the state end insert , as defined in begin delete subdivision (i) of end delete Section
8670.3.

(2) Has measurable outcomes within a predetermined timeframe.

(3) Is designed to acquire, restore, or improve habitat or restore
ecosystem function, or both, to benefit fish and wildlife.

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Section 8670.90 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 8670.90. end insert   

(a) To the extent possible under federal law, and in
order to provide public transparency, it is the policy of the state
that local communities that face significant risks associated with
the transport or planned transport of significant quantities of crude
oil through or near them be notified of the quantities and properties
of the crude oil in a timely manner.

(b) Each railroad intending to transport crude oil into or within
the state shall provide to the administrator on at least an annual
basis the following information:

(1) A list of the type and quantity of crude oil transported during
the previous 12-month period.

(2) A description of the method of properly handling each type
of crude oil in case of an incident.

(3) The name, address, and telephone number of the railroad’s
person in charge of education and training related to handling of
crude oil.

(4) The approximate normal operating schedules for trains
carrying crude oil.

(5) Normal procedures for placement of cars carrying crude
oil in trains.

(6) Means to obtain information from the railroad, including
the railroad’s 24-hour emergency telephone number, in case of
an incident.

end insert

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Section 8670.95 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 8670.95. end insert   

If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of the
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.

end insert

begin insert

begin insert SEC. 61. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert