An act to amend Section 5654 of the Fish and Game Code, to amend Sections 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, 8670.27, 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 8670.40.5 and 8670.95 to, and to repeal Section 8670.69.7 of, the Government Code, to amend Section 449 of the Harbors and Navigation Code, to amend Sections 46002, 46006, 46007, 46010, 46013, 46017, 46023, 46028, and 46101 of, to repeal Sections 46008, 46014, 46015, 46016, 46019, 46024, and 46025 of, and to repeal and add Sections 46011, 46018, and 46027 of, the Revenue and Taxation Code, and to amend Section 13272 of the Water Code, relating to oil spills, and making an appropriation therefor.
end insertSB 1319, as amended, Pavley. Oil spills: oil spill prevention and response.
begin insert(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, 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 of coastal and marine waters. Existing law imposes various administrative civil penalties on a person that violates specified provisions of the act based on whether it was an oil spill or an inland oil spill.
end insertbegin insertThis bill would generally expand the act and the administrator’s responsibilities relating to oil spills to cover all waters of the state, as defined. 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, for purposes of administrative civil penalties, would no longer distinguish between an oil spill and an inland oil spill, subjecting all persons to the oil spill provisions. The bill also would revise various definitions within that act, and would make other conforming and technical changes.
end insertbegin insert(2) Existing law requires the administrator, upon request by a local government, to 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 waters of the state.
end insertbegin insertThis bill would make the program optional at the discretion of the administrator.
end insertbegin insert(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.
end insertbegin insertThis bill would instead authorize the administrator to offer the grants to a local government with jurisdiction over or directly adjacent to state waters.
end insertbegin insert(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.
end insertbegin insertThis bill instead would require the administrator, within 5 working days after receipt of a contingency plan, to post a notice that the plan is available for review.
end insertbegin insert(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.
end insertbegin insertThis bill instead would require the administrator to establish a network of rescue, as specified, for wildlife injured by oil spills in waters of the state, including sea otters and other marine mammals. The bill also would authorize the administrator to establish additional stations or facilities in the interior of the state for the rescue and rehabilitation of wildlife affected by inland spills.
end insertbegin insert(6) Existing law imposes an oil spill prevention and administration fee in an amount determined by the administrator to be sufficient to implement 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.
end insertbegin insertThis bill instead 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. The bill would delete the provision that reduces the fee beginning on January 1, 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, by any mode of delivery that passed over, across, under, or through waters of the state, whether from within or outside the state. The bill would authorize the Director of Finance to augment a specified appropriation in the Budget Act of 2014 for the reasonable costs incurred by the State Board of Equalization related to the collection of the oil spill prevention and administration fee, as specified, thereby making an appropriation.
end insertbegin insertThis bill would require every person who operates an oil refinery, marine terminal, or a pipeline to register with the State Board of Equalization.
end insertbegin insert(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.
end insertbegin insertThe 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.
end insertbegin insert(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 (1) to the fund with interest calculated at a rate earned by the Pooled Money Investment Account and (2) on or before June 30, 2014.
end insertbegin insertThis bill would extend that date to June 30, 2017, and would provide that these provisions would be repealed on July, 1, 2017.
end insertbegin insert(9) Existing law establishes the Oil Spill Technical Advisory Committee to provide public input and independent judgment of the actions of the administrator. The committee is composed of 10 members.
end insertbegin insertThis 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 also would require the Governor to appoint two additional members, with one having knowledge of the railroad industry and another having knowledge of the oil production industry.
end insertbegin insert(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insert(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, 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.
end deleteThis 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.
end delete(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.
end deleteThis 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.
end delete(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.
end deleteThis bill would instead require the administrator to offer the grants to a local government with jurisdiction over or directly adjacent to state waters.
end delete(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.
end deleteThis 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. The bill would require the California Environmental Protection Agency and the Office of Emergency Services to review the plans for facilities and local governments located outside of the coastal zone.
end delete(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.
end deleteThis 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.
end delete(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.
end deleteThis 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.
end delete(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.
end deleteThe 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.
end delete(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.
end deleteThis bill would extend that date to June 30, 2017, and would provide that these provisions would be repealed on July, 1, 2017.
end delete(9) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act prohibits a person from operating a marine facility, as defined, 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.
end deleteThis bill would 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 delete(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.
end deleteThis bill would increase the number of members from 10 to 15 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, another with knowledge of the truck transportation 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.
end delete(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.
end delete(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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority.
Appropriation: begin deleteno end deletebegin insertyesend insert.
Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 5654 of the end insertbegin insertFish and Game Codeend insertbegin insert is
2amended to read:end insert
(a) (1) Notwithstanding Section 7715 and except as
4provided in paragraph (2), the director, within 24 hours of
5notification of a spill or discharge, as those terms are defined in
6begin delete subdivision (ad) ofend delete Section 8670.3 of the Government Code, where
7any fishing, including all commercial, recreational, and nonlicensed
8subsistence fishing, may take place, or where aquaculture
9operations are taking place, shall close to the take of all fish and
10shellfish all waters in the vicinity of the spill or discharge or where
11the spilled or discharged material has spread, or is likely to spread.
12In determining where a spill or discharge is likely to spread, the
13director shall consult with the Administrator of the Office of Spill
14Prevention and
Response. At the time of closure, the department
15shall make all reasonable efforts to notify the public of the closure,
16including notification to commercial and recreational fishing
17organizations, and posting of warnings on public piers and other
18locations where subsistence fishing is known to occur. The
19department shall coordinate, when possible, with local and regional
20agencies and organizations to expedite public notification.
21(2) Closure pursuant to paragraph (1) is not required if, within
2224 hours of notification of a spill or discharge, the Office of
23Environmental Health Hazard Assessment finds that a public health
24threat does not or is unlikely to exist.
25(b) Within 48 hours of notification of a spill or discharge subject
26to subdivision (a), the director, in consultation with the Office of
P10 1Environmental Health Hazard Assessment, shall make an
2assessment and determine all of
the following:
3(1) The danger posed to the public from fishing in the area where
4the spill or discharge occurred or spread, and the danger of
5consuming fish taken in the area where the spill or discharge
6occurred or spread.
7(2) Whether the areas closed for the take of fish or shellfish
8should be expanded to prevent any potential take or consumption
9of any fish or shellfish that may have been contaminated by the
10spill or discharge.
11(3) The likely period for maintaining a closure on the take of
12fish and shellfish in order to prevent any possible contaminated
13fish or shellfish from being taken or consumed or other threats to
14human health.
15(c) Within 48 hours after receiving notification of a spill or
16discharge subject to subdivision (a), or as soon as is
feasible, the
17director, in consultation with the Office of Environmental Health
18Hazard Assessment, shall assess and determine the potential danger
19from consuming fish that have been contained in a recirculating
20seawater tank onboard a vessel that may become contaminated by
21the vessel’s movement through an area where the spill or discharge
22occurred or spread.
23(d) If the director finds in his or her assessment pursuant to
24subdivision (b) that there is no significant risk to the public or to
25the fisheries, the director may immediately reopen the closed area
26and waive the testing requirements of subdivisions (e) and (f).
27(e) Except under the conditions specified in subdivision (d),
28after complying with subdivisions (a) and (b), the director, in
29consultation with the Office of Environmental Health Hazard
30Assessment, but in no event more than seven days from the
31notification of the
spill or discharge, shall order expedited tests of
32fish and shellfish that would have been open for take for
33commercial, recreational, or subsistence purposes in the closed
34area if not for the closure, to determine the levels of contamination,
35if any, and whether the fish or shellfish is safe for human
36consumption.
37(f) (1) Within 24 hours of receiving a notification from the
38Office of Environmental Health Hazard Assessment that no threat
39to human health exists from the spill or discharge or that no
40contaminant from the spill or discharge is present that could
P11 1contaminate fish or shellfish, the director shall reopen the areas
2closed pursuant to this section. The director may maintain a closure
3in any remaining portion of the closed area where the Office of
4Environmental Health Hazard Assessment finds contamination
5from the spill or discharge persists that may adversely affect human
6health.
7(2) The director, in consultation with the commission, may also
8maintain a closure in any remaining portion of the closed area
9where commercial fishing or aquaculture occurs and where the
10department determines, pursuant to this paragraph, that
11contamination from the spill or discharge persists that may cause
12the waste of commercial fish or shellfish as regulated by Section
137701.
14(g) To the extent feasible, the director shall consult with
15representatives of commercial and recreational fishing associations
16and subsistence fishing communities regarding the extent and
17duration of a closure, testing protocols, and findings. If a spill or
18discharge occurs within the lands governed by a Native American
19tribe or affects waters flowing through tribal lands, or tribal
20fisheries, the director shall consult with the affected tribal
21governments.
22(h) The director shall seek full reimbursement from the
23responsible party or parties for the spill or discharge for all
24reasonable costs incurred by the department in carrying out this
25section, including, but not limited to, all testing.
begin insertSection 8574.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert
State agencies designated to implement the contingency
29plan shall account for all state expenditures made under the plan
30with respect to each oil spill. Expenditures accounted for under
31this section from an oil spill inbegin delete marineend delete watersbegin insert of the stateend insert shall be
32paid from the Oil Spill Response Trust Fund created pursuant to
33Section 8670.46. All other expenditures accounted for under this
34section shall be paid from the State Water Pollution Cleanup and
35Abatement Account in the State Water Quality Control Fund
36provided for in Article 3 (commencing with Section 13440) of
37Chapter 6 of Division 7 of the Water Code. If the party
responsible
38for the spill is identified, that party shall be liable for the
39expenditures accounted for under this section, in addition to any
40other liabilitybegin delete whichend deletebegin insert thatend insert may be provided for by law, in an action
P12 1brought by the Attorney General. The proceeds from anybegin delete suchend delete
2 action for a spill in marine waters shall be paid into the Oil Spill
3Response Trust Fund.
begin insertSection 8574.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5to read:end insert
The Governor shall require the administrator, not in
7conflict with the National Contingency Plan, to amend the
8California oil spill contingency planbegin delete by adding a marine oil spill begin insert to provideend insert for the best
9contingency planning section that providesend delete
10achievable protection ofbegin delete the coast and marineend delete watersbegin insert of the stateend insert.
11“Administrator” for purposes of this section means the
12administrator appointed by the Governor pursuant to Section
138670.4. Thebegin delete marine oil spill contingency planning sectionend deletebegin insert
planend insert
14 shall consist of all of the following elements:
15(a) A statebegin delete marineend delete response element that specifies the hierarchy
16for state and local agency response to an oil spill. The element
17shall define the necessary tasks for oversight and control of cleanup
18and removal activities associated withbegin delete a marineend deletebegin insert anend insert oil spill and
19shall specify each agency’s particular responsibility in carrying
20out these tasks. The element shall also include an organizational
21chart of the statebegin delete marineend delete oil spill response organization and a
22definition of the resources, capabilities,
and response assignments
23of each agency involved in cleanup and removal actions inbegin delete a marineend delete
24begin insert anend insert oil spill.
25(b) A regional and local planning element that shall provide the
26framework for the involvement of regional and local agencies in
27the state effort to respond tobegin delete a marineend deletebegin insert anend insert oil spill, and shall ensure
28the effective and efficient use of regional and local resourcesbegin insert, as
29appropriate,end insert in all of the following:
30(1) Traffic and crowd control.
31(2) Firefighting.
32(3) Boating traffic control.
33(4) Radio and communications control and provision of access
34to equipment.
35(5) Identification and use of available local and regional
36equipment or other resources suitable for use in cleanup and
37removal actions.
38(6) Identification of private and volunteer resources or personnel
39with special or unique capabilities relating tobegin delete marineend delete oil spill
40cleanup and removal actions.
P13 1(7) Provision of medical emergency services.
2(8) Consideration of the identification and use of private working
3craft and mariners, including commercial fishing vessels and
4licensed commercial fishing men and women, in containment,
5cleanup, and removal actions.
6(c) A coastal protection element that establishes the state
7standards for coastline protection. The administrator, in
8consultation with the Coast Guard and Navy and the shipping
9industry, shall develop criteria for coastline protection. If
10appropriate, the administrator shall consult with representatives
11from the States of Alaska, Washington, and Oregon, the Province
12of British Columbia in Canada, and the Republic of Mexico. The
13criteria shall designate at least all of the following:
14(1) Appropriate shipping lanes and navigational aids for tankers,
15barges, and other commercial vessels to reduce the
likelihood of
16collisions between tankers, barges, and other commercial vessels.
17Designated shipping lanes shall be located off the coastline at a
18distance sufficient to significantly reduce the likelihood that
19disabled vessels will run aground along the coast of the state.
20(2) Ship position reporting and communications requirements.
21(3) Required predeployment of protective equipment for
22sensitive environmental areas along the coastline.
23(4) Required emergency response vessels that are capable of
24preventing disabled tankers from running aground.
25(5) Required emergency response vessels that are capable of
26commencing oil cleanup operations before spilled oil can reach
27the shoreline.
28(6) An
expedited decisionmaking process for dispersant use in
29coastal waters. Prior to adoption of the process, the administrator
30shall ensure that a comprehensive testing program is carried out
31for any dispersant proposed for use in California marine waters.
32The testing program shall evaluate toxicity and effectiveness of
33the dispersants.
34(7) Required rehabilitation facilities for wildlife injured by
35spilled oil.
36(8) An assessment of how activities that usually require a permit
37from a state or local agency may be expedited or issued by the
38administrator in the event of an oil spill.
39(d) An environmentally and ecologically sensitive areas element
40that shall provide the framework for prioritizing and ensuring the
P14 1protection of environmentally and ecologically sensitive areas.
2The environmentally and ecologically sensitive
areas element shall
3be developed by the administrator, in conjunction with appropriate
4local agencies, and shall include all of the following:
5(1) Identification and prioritization of environmentally and
6ecologically sensitive areas inbegin delete marineend deletebegin insert stateend insert waters and along the
7coast. Identification and prioritization of environmentally and
8ecologically sensitive areas shall not prevent or excuse the use of
9all reasonably available containment and cleanup resources from
10being used to protect every environmentally and ecologically
11sensitive area possible. Environmentally and ecologically sensitive
12areas shall be prioritized through the evaluation of criteria,
13including, but not limited to, all of the following:
14(A) Risk of contamination by oil after a spill.
15(B) Environmental, ecological, recreational, and economic
16importance.
17(C) Risk of public exposure should the area be contaminated.
18(2) Regional maps depicting environmentally and ecologically
19sensitive areas inbegin delete marineend deletebegin insert stateend insert waters or along the coast that shall
20be distributed to facilities and local and state agencies. The maps
21shall designate those areas that have particularly high priority for
22protection against oil spills.
23(3) A plan for protection actions required to be taken in the
24event of an oil
spill for each of the environmentally and
25ecologically sensitive areas and protection priorities for the first
2624 to 48 hours after an oil spill shall be specified.
27(4) The location of available response equipment and the
28availability of trained personnel to deploy the equipment to protect
29the priority environmentally and ecologically sensitive areas.
30(5) A program for systemically testing and revising, if necessary,
31protection strategies for each of the priority environmentally and
32ecologically sensitive areas.
33(6) Any recommendations for action that cannot be financed or
34implemented pursuant to existing authority of the administrator,
35which shall also be reported to the Legislature along with
36recommendations for financing those actions.
37(e) This section shall become operative on January 1, 2012.
end delete
38(e) A reporting element that requires the reporting of oil spills
39of any amount of oil to state waters.
begin insertSection 8574.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
(a) The administrator shall submit to the Governor
4and the Legislature an amended California oil spill contingency
5plan required, pursuant to Section 8574.7, by January 1, 1993. The
6administrator shall thereafter submit revised plans every three
7years, until the amended plan required pursuant to subdivision (b)
8is submitted.
9(b) The administrator shall submit to the Governor and the
10Legislature an amended California oil spill contingency plan
11required pursuant to Section 8574.7,begin delete byend deletebegin insert on or beforeend insert January 1,
12begin delete 2010,end deletebegin insert
2017,end insert thatbegin delete consists of both aend deletebegin insert addressesend insert marinebegin delete oil spill begin insert andend insert inland oil
13contingency planning section and anend deletebegin delete spill begin insert spillsend insert. The administrator shall
14contingency planning sectionend delete
15thereafter submit revised plans every three years.
begin insertSection 8670.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
17to read:end insert
The Legislature finds and declares as follows:
19(a) Each year, billions of gallons of crude oil and petroleum
20products are transported by vesselbegin insert, railroad, truck,end insert or pipeline
21begin insert over,end insert acrossbegin insert, under,end insert and through thebegin delete marineend delete waters of this state.
22(b) Recent accidents in southern
California, Alaska,begin delete andend delete other
23parts of the nationbegin insert, and Canada,end insert
have shown thatbegin delete marineend delete
24
transportation of oil can be a significant threat to the environment
25of sensitivebegin delete coastalend deletebegin insert environmentalend insert areas.
26(c) Existing prevention programs are not able to reduce
27sufficiently the risk of significant discharge of petroleum into
28begin delete marineend deletebegin insert stateend insert waters.
29(d) Response and cleanup capabilities and technology are unable
30to remove consistently the majority of spilled oil when major oil
31spills occur inbegin delete marineend deletebegin insert
stateend insert
waters.
32(e) California’sbegin insert
lakes, rivers, other inland waters,end insert coastal waters,
33estuaries, bays, and beaches are treasured environmental and
34economic resourcesbegin delete whichend deletebegin insert thatend insert the state cannot afford to place at
35undue risk from an oil spill.
36(f) Because of the inadequacy of existing cleanup and response
37measures and technology, the emphasis must be put on prevention,
38if the risk and consequences of oil spills are to be minimized.
39(g) Improvements in the design, construction, and operation of
40begin insert rail tank cars, tank trucks,end insert tank ships, terminals, and pipelines;
P16 1improvements in marine
safety; maintenance of emergency
2response stations and personnel; and stronger inspection and
3enforcement efforts are necessary to reduce the risks of and from
4a major oil spill.
5(h) A major oil spill inbegin delete marineend deletebegin insert
stateend insert waters is extremely
6expensive because of the need to clean up discharged oil, protect
7sensitive environmental areas, and restore ecosystem damage.
8(i) Immediate action must be taken to improve control and
9cleanup technology in order to strengthen the capabilities and
10capacities of cleanup operations.
11(j) California government should improve its response and
12management of oil spills that occur inbegin delete marineend deletebegin insert stateend insert waters.
13(k) Those who transport oil throughbegin insert or nearend insert thebegin delete marineend delete
waters
14of the state must meet minimum safety standards and demonstrate
15financial responsibility.
16(l) The federal government plays an important role in preventing
17and responding to petroleum spills and it is in the interests of the
18state to coordinate with agencies of the federal government,
19including the Coast Guardbegin insert and the United States Environmental
20Protection Agencyend insert, to the greatest degree possible.
21(m) California has approximately 1,100 miles of coast, including
22four marine sanctuariesbegin delete whichend deletebegin insert thatend insert occupy 88,767 square miles.
23The weather, topography, and tidal
currents in and around
24California’s coastal ports and waterways make vessel navigation
25challenging. The state’s major ports are among the busiest in the
26world. Approximately 700 million barrels of oil are consumed
27annually by California, with over 500 million barrels being
28transported by vessel. The peculiarities of California’s maritime
29coast require special precautionary measures regarding oil
30pollution.
31(n) California has approximately 158,500 square miles of
32interior area where there are approximately 6,800 miles of pipeline
33used for oil distribution, 5,800 miles of Class I railroad track, and
34172,100 miles of maintained roads.
begin insertSection 8670.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
36to read:end insert
Unless the context requires otherwise, the following
38definitions shall govern the construction of this chapter:
39(a) “Administrator” means the administrator for oil spill response
40appointed by the Governor pursuant to Section 8670.4.
P17 1(b) (1) “Best achievable protection” means the highest level of
2protection that can be achieved through both the use of the best
3achievable technology and those manpower levels, training
4procedures, and operational methods that provide the greatest
5degree of protection achievable. The administrator’s determination
6of which measures provide the best achievable protection shall be
7guided by the critical need to protect valuablebegin delete coastalend deletebegin insert
naturalend insert
8 resources andbegin delete marineend deletebegin insert stateend insert waters, while also considering all of
9the following:
10(A) The protection provided by the measure.
11(B) The technological achievability of the measure.
12(C) The cost of the measure.
13(2) The administrator shall not use a cost-benefit or
14cost-effectiveness analysis or any particular method of analysis in
15determining which measures provide the best achievable protection.
16The administrator shall instead, when determining which measures
17provide best achievable protection, give reasonable consideration
18
to the protection provided by the measures, the technological
19achievability of the measures, and the cost of the measures when
20establishing the requirements to provide the best achievable
21protection forbegin delete coastal and
marineend delete
22(c) (1) “Best achievable technology” means that technology
23that provides the greatest degree of protection, taking into
24consideration both of the following:
25(A) Processes that are being developed, or could feasibly be
26developed anywhere in the world, given overall reasonable
27expenditures on research and development.
28(B) Processes that are currently in use anywhere in the world.
29(2) In determining what is the best achievable technology
30pursuant to this chapter, the
administrator shall consider the
31effectiveness and engineering feasibility of the technology.
32(d) “California oil spill contingency plan” means the California
33oil spill contingency plan prepared pursuant to Article 3.5
34(commencing with Section 8574.1) of Chapter 7.
35(d)
end delete
36begin insert(e)end insert “Dedicated response resources” means equipment and
37personnel committed solely to oil spill response, containment, and
38cleanup that are not used for any other activity that would adversely
39affect the ability of that equipment and
personnel to provide oil
P18 1spill response services in the timeframes for which the equipment
2and personnel are rated.
3(e) “Director” means the Director of Fish and Game.
end delete
4(f) “Environmentally sensitive area” means an area defined
5pursuant to the applicable area contingency plansbegin insert or geographic
6response plansend insert, as created and revised by the Coast Guardbegin insert, the
7United States Environmental Protection Agency,end insert and the
8administrator.
9(g) (1) “Facility” means any of the following located in state
10waters or located where an oil spill may impact state waters:
11(A) A building, structure, installation, or equipment used in oil
12exploration, oil well drilling operations, oil production, oil refining,
13oil storage, oil gathering, oil processing, oil transfer, oil
14distribution, or oil transportation.
15(B) A marine terminal.
end insertbegin insert16(C) A pipeline that transports oil.
end insertbegin insert17(D) A railroad that transports oil as cargo.
end insertbegin insert
18(E) A drill ship, semisubmersible drilling platform, jack-up type
19drilling rig, or any other floating or temporary drilling platform.
20(2) “Facility” does not include any of the following:
end insertbegin insert
21(A) A vessel, except a vessel located and used for any purpose
22described in subparagraph (E)
of paragraph (1).
23(B) An owner or operator subject to Chapter 6.67 (commencing
24with Section 25270) or Chapter 6.75 (commencing with Section
2525299.10) of Division 20 of the Health and Safety Code.
26(C) Operations on a farm, nursery, logging site, or construction
27site that are either of the following:
28(i) Do not exceed 20,000 gallons in a single storage tank.
end insertbegin insert
29(ii) Have a useable tank storage capacity not exceeding 75,000
30gallons.
31(D) A small craft refueling dock.
end insert
32(g) “Inland spill” means a release of at least one barrel (42
33gallons) of oil into inland waters that is not authorized by any
34federal, state, or local governmental entity.
35(h) “Inland waters” means waters of the state other than marine
36waters, but not including groundwater.
37(i)
end delete
38begin insert(h)end insert “Local government” means a chartered or general law city,
39a chartered or general law county, or a city and county.
P19 1(j) (1) “Marine facility” means any facility of any kind, other
2than a tank ship or tank barge, that is or was used for the purposes
3of exploring for, drilling for, producing, storing, handling,
4transferring, processing, refining, or transporting oil and is located
5in marine waters, or is located where a discharge could impact
6marine waters unless the facility is either of the following:
7(A) Subject to Chapter 6.67 (commencing with Section 25270)
8or Chapter 6.75 (commencing with Section 25299.10) of Division
920 of the Health and Safety Code.
10(B) Placed on a farm, nursery, logging site, or construction site
11and does
not exceed 20,000 gallons in a single storage tank.
12(2) For the purposes of this chapter, “marine facility” includes
13a drill ship, semisubmersible drilling platform, jack-up type drilling
14rig, or any other floating or temporary drilling platform.
15(3) For the purposes of this chapter, “marine facility” does not
16include a small craft refueling dock.
17(k)
end delete
18begin insert(i)end insert (1) “Marine terminal” means anybegin delete marineend delete
facility used for
19transferring oil to or from a tank ship or tank barge.
20(2) “Marine terminal” includes, for purposes of this chapter, all
21piping not integrally connected to a tank facility, as defined in
22subdivisionbegin delete (m)end deletebegin insert (n)end insert of Section 25270.2 of the Health and Safety
23Code.
24(l) “Marine
waters” means those waters subject to tidal
25influence, and includes the waterways used for waterborne
26commercial vessel traffic to the Port of Sacramento and the Port
27of Stockton.
28(m)
end delete
29begin insert(j)end insert “Mobile transfer unit” meansbegin delete a small marine fueling facility a vehicle, truck, or trailer, including all connecting hoses
30that isend delete
31and piping, used for the transferring of oil at a location where a
32discharge could impactbegin delete marineend delete watersbegin insert of the stateend insert.
33(n)
end delete
34begin insert(k)end insert “Nondedicated response resources” means those response
35resources identified by an Oil Spill Response Organization for oil
36spill response activities that are not dedicated response resources.
37(o)
end delete
38begin insert(l)end insert “Nonpersistent oil” means a petroleum-based oil, such as
39gasoline or jet fuel, that evaporates relatively quickly and is an oil
40with hydrocarbon fractions, at least 50 percent of which, by
P20 1volume, distills at a temperature of 645 degrees Fahrenheit, and
2at least 95 percent of which, by volume, distills at a
temperature
3of 700 degrees Fahrenheit.
4(p)
end delete
5begin insert(m)end insert “Nontank vessel” means a vessel of 300 gross tons or greater
6that carries oil, but does not carry that oil as cargo.
7(q)
end delete
8begin insert(n)end insert “Oil” means any kind of petroleum, liquid hydrocarbons,
9or petroleum products or any fraction or residues therefrom,
10including, but not limited to, crude oil, bunker fuel,
gasoline, diesel
11fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
12liquid distillates from unprocessed natural gas.
13(r)
end delete
14begin insert(o)end insert “Oil spill cleanup agent” means a chemical, or any other
15substance, used for removing, dispersing, or otherwise cleaning
16up oil or any residual products of petroleum in, or on, any of the
17waters of the state.
18(s)
end delete
19begin insert(p)end insert “Oil spill contingency plan” or “contingency plan” means
20the oil spill contingency plan required pursuant to Article 5
21(commencing with Section 8670.28).
22(t)
end delete
23begin insert(q)end insert (1) “Oil Spill Response Organization” or “OSRO” means
24an individual, organization, association, cooperative, or other entity
25that provides, or intends to provide, equipment, personnel, supplies,
26or other services directly related to oil spill containment, cleanup,
27or removal activities.
28(2) A “rated OSRO” means an OSRO that has received a
29satisfactory rating from the administrator for a particular rating
30level established pursuant to Section 8670.30.
31(3)
end delete
32begin insert(2)end insert “OSRO” does not include an owner or operator with an oil
33spill contingency plan approved by the administrator or an entity
34that only provides spill management services, or who provides
35services or equipment that are only ancillary to containment,
36cleanup, or removal activities.
37(u) “Onshore facility” means a facility of any kind that is located
38entirely on lands not covered by marine waters.
39(v)
end delete40begin insert(r)end insert (1) “Owner” or “operator” means any of the following:
P21 1(A) In the case of a vessel, a person who owns, has an ownership
2interest in, operates, charters by demise, orbegin delete leases,end deletebegin insert
leasesend insert the vessel.
3(B) In the case of abegin delete marineend delete facility, a person who owns, has an
4ownership interest in, or operates thebegin delete marineend delete facility.
5(C) Except as provided in subparagraph (D), in the case of a
6vessel orbegin delete marineend delete facility, where title or control was conveyed due
7to bankruptcy, foreclosure, tax delinquency, abandonment, or
8similar means to an entity of state or local government, a person
9who owned, held an ownership interest in, operated, or otherwise
10controlled activities concerning the vessel orbegin delete marineend delete
facility
11immediately beforehand.
12(D) An entity of the state or local government that acquired
13ownership or control of a vessel orbegin delete marineend delete
facility, when the entity
14of the state or local government has caused or contributed to a spill
15or discharge of oil intobegin delete marineend delete watersbegin insert of the stateend insert.
16(2) “Owner” or “operator” does not include a person who,
17without participating in the management of a vessel orbegin delete marineend delete
18 facility, holds indicia of ownership primarily to protect the person’s
19security interest in the vessel orbegin delete marineend delete facility.
20(3) “Operator” does not include a person who owns the land
21underlying abegin delete marineend delete
facility or the facility itself if the person is
22not involved in the operations of the facility.
23(w)
end delete
24begin insert(s)end insert “Person” means an individual, trust, firm, joint stock
25company, or corporation, including, but not limited to, a
26government corporation, partnership, and association. “Person”
27also includes a city, county, city and county, district, and the state
28or any department or agency thereof, and the federal government,
29or any department or agency thereof, to the extent permitted by
30law.
31(x)
end delete32begin insert(t)end insert “Pipeline” means a pipeline used at any time to transport oil.
begin insert
33(u) “Railroad” means a railroad, railway, rail car, rolling
34stock, or train.
35(v) “Rated OSRO” means an OSRO that has received a
36satisfactory rating from the administrator for a particular rating
37level established pursuant to Section 8670.30.
38(y) “Reasonable worst case spill” means, for the purposes of
39preparing contingency plans for a nontank vessel, the total volume
40of the largest fuel tank on the nontank vessel.
P22 1(z)
end delete
2begin insert(w)end insert “Responsible party” or “party responsible” means any of
3the following:
4(1) The owner or transporter of oil or a person or entity accepting
5responsibility for the oil.
6(2) The owner, operator, or lessee of, or a person that charters
7by demise, a vessel orbegin delete marineend delete facility, or a person or entity
8accepting responsibility for the vessel orbegin delete marineend delete facility.
9(aa)
end delete
10begin insert(x)end insert “Small craft” means a vessel, other than a tank ship or tank
11barge, that is less than 20 meters in length.
12(ab)
end delete
13begin insert(y)end insert “Small craft refueling dock” means a waterside operation
14that dispenses only nonpersistent oil in bulk and small amounts of
15persistent lubrication oil in containers primarily to small craft and
16meets both of the following criteria:
17(1) Has tank storage capacity not exceeding 20,000 gallons in
18any single storage tank or tank
compartment.
19(2) Has total usable tank storage capacity not exceeding 75,000
20gallons.
21(ac)
end delete22begin insert(z)end insert “Small marine fueling facility” means either of the following:
23(1) A mobile transfer unit.
24(2) A fixed facility that is not a marine terminal, that dispenses
25primarily nonpersistent oil, that may dispense small amounts of
26persistent oil, primarily to small craft, and that meets all of the
27following criteria:
28(A) Has tank
storage capacity greater than 20,000 gallons but
29not more than 40,000 gallons in any single storage tank or storage
30tank compartment.
31(B) Has total usable tank storage capacity not exceeding 75,000
32gallons.
33(C) Had an annual throughput volume of over-the-water transfers
34of oil that did not exceed 3,000,000 gallons during the most recent
35preceding 12-month period.
36(ad) “Spill” or “discharge”
end delete
37begin insert(aa)end insertbegin insert end insertbegin insert“Spill,” “discharge,” or “oil spill” end insertmeans a release ofbegin delete at begin insert
any amountend insert of oil into
38least one barrel (42 gallons)end deletebegin delete marineend delete waters
39begin insert of the stateend insert that is not authorized by a federal, state, or local
40government entity.
P23 1(ae) “California oil spill contingency plan” means the California
2
oil spill contingency plan prepared pursuant to Article 3.5
3(commencing with Section 8574.1) of Chapter 7.
4(af)
end delete
5begin insert(ab)end insert “Tank barge” means a vessel that carries oil in commercial
6quantities as cargo but is not equipped with a means of
7self-propulsion.
8(ag)
end delete
9begin insert(ac)end insert “Tank ship” means a self-propelled vessel that is
10constructed or adapted for the carriage of oil in bulk or in
11commercial quantities as cargo.
12(ah)
end delete13begin insert(ad)end insert “Tank vessel” means a tank ship or tank barge.
14(ai)
end delete
15begin insert(ae)end insert “Vessel” means a watercraft or ship of any kind, including
16every structure adapted to be navigated from place to place for the
17transportation of merchandise or persons.
18(aj)
end delete
19begin insert(af)end insert “Vessel carrying oil as secondary cargo” means a vessel
20that does not carry oil as a primary cargo, but does carry oilbegin delete in as cargo
21bulkend deletebegin delete or cargo residueend delete.begin insert The administrator may establish
22minimum oil volume amounts or other criteria by regulations.end insert
23(ag) “Waters of the state” or “state waters” means any surface
24water, including saline waters, marine waters, and freshwaters,
25within the boundaries of the state but does not include
26groundwater.
27This section shall become operative on January 1, 2012.
end delete
begin insertSection 8670.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert
The Governor shall ensure that the state fully and
31adequately responds to all oil spills inbegin delete marineend delete watersbegin insert of the stateend insert.
32The administrator, acting at the direction of the Governor, shall
33implement activities relating to oil spill response, including drills
34and preparedness and oil spill containment and cleanup. The
35administrator shall also represent the state in any coordinated
36response efforts with the federal government.
begin insertSection 8670.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert
(a) The administrator, subject to the Governor, has
40the primary authority to direct prevention, removal, abatement,
P24 1response, containment, and cleanup efforts with regard to all
2aspects of any oil spill inbegin delete the marineend delete waters of the state, in
3accordance with any applicablebegin delete marineend delete facility or vessel
4contingency plan and the California oil spill contingency plan. The
5administrator shall cooperate with any federal on-scene coordinator,
6as specified in the National Contingency Plan.
7(b) The administrator shall implement the California oil spill
8contingency plan, required pursuant to Section 8574.1, to the
fullest
9extent possible.
10(c) The administrator shall do both of the following:
11(1) Be present at the location of any oil spill of more than
12100,000 gallons inbegin delete marineend delete watersbegin insert of the stateend insert, as soon as possible
13after notice of the discharge.
14(2) Ensure that persons trained in oil spill response and cleanup,
15whether employed by the responsible party, the state, or another
16private or public person or entity, are onsite to respond to, contain,
17and clean up any oil spill inbegin delete marineend delete watersbegin insert
of the stateend insert, as soon as
18possible after notice of the discharge.
19(d) Throughout the response and cleanup process, the
20administrator shall apprise the air quality management district or
21air pollution control district having jurisdiction over the area in
22which the oil spill occurred and the local governmentbegin delete entitiesend delete
23begin insert agenciesend insert that are affected by the spill.
24(e) The administrator, with the assistancebegin insert, as needed,end insert of the
25begin insert Office of theend insert State Fire
Marshal, the State Lands Commission,begin insert
or
26other state agency,end insert and the federal on-scene coordinator, shall
27determine the cause and amount of the discharge.
28(f) The administrator shall have the state authority over the use
29of all response methods, including, but not limited to, in situ
30burning, dispersants, and any oil spill cleanup agents in connection
31with an oil discharge. The administrator shall consult with the
32federal on-scene coordinator prior to exercising authority under
33this subdivision.
34(g) (1) The administrator shall conduct workshops, consistent
35with the intent of this chapter, with the participation of appropriate
36local, state, and federal agencies, including the State Air Resources
37Board, air pollution controlbegin delete districts,end delete
and air quality management
38districts, and affected private organizations, on the subject of oil
39spill response technologies, including in situ burning. The
40workshops shall review the latest research and findings regarding
P25 1the efficacy and toxicity of oil spill cleanup agents and other
2technologies, their potential public health and safety and
3environmental impacts, and any other relevant factors concerning
4their use in oil spill response. In conducting these workshops, the
5administrator shall solicit the views of all participating parties
6concerning the use of these technologies, with particular attention
7to any special considerations that apply to coastal areas andbegin delete marineend delete
8
waters of the state.
9(2) The administrator shall publish guidelines and conduct
10periodic reviews of the policies, procedures, and parameters for
11the use of in situ burning, which may be implemented in the event
12of an oil spill.
13(h) (1) The administrator shall ensure that, as part of the
14response to any significant spill, biologists or other personnel are
15present and provided any support and funding necessary and
16appropriate for the assessment of damages to natural resources
17and for the collection of data and other evidence that may help in
18determining and recovering damages.
19(2) (A) The administrator shall coordinate all actions required
20by state or local agencies to assess injury to, and provide full
21mitigation for injury to, or to restore, rehabilitate, or
replace, natural
22resources, including wildlife, fisheries, wildlife or fisheries habitat,
23begin delete andend delete
beachesbegin insert,end insert andbegin delete otherend delete coastal areas, that are damaged by an oil
24spill. For purposes of this subparagraph, “actions required by state
25or local agencies” include, but are not limited to, actions required
26by state trustees under Section 1006 of the Oil Pollution Act of
271990 (33 U.S.C. Sec. 2706) and actions required pursuant to
28Section 8670.61.5.
29(B) The responsible party shall be liable for all coordination
30costs incurred by the administrator.
31(3) This subdivision does not give the administrator any
32authority to administer state or local laws or to limit the authority
33of another state or local agency to implement and enforce state or
34local laws under its jurisdiction, nor does this
subdivision limit
35the authority or duties of the administrator under this chapter or
36limit the authority of an agency to enforce existing permits or
37permit conditions.
38(i) (1) The administrator shall enter into a memorandum of
39understanding with the executive director of the State Water
40Resources Control Board, acting for the State Water Resources
P26 1Control Board and the California regional water quality control
2boards, and with the approval of the State Water Resources Control
3Board, to address discharges, other than dispersants, that are
4incidental to, or directly associated with, the response, containment,
5and cleanup of an existing or threatened oil spill conducted
6pursuant to this chapter.
7(2) The memorandum of understanding entered into pursuant
8to paragraph (1) shall address any permits, requirements, or
9authorizations that are required for the specified
discharges. The
10memorandum of understanding shall be consistent with
11requirements that protect state water quality and beneficial uses
12and with any applicable provisions of the Porter-Cologne Water
13Quality Control Act (Division 7 (commencing with Section 13000)
14of the Water Code) or the federal Clean Water Act (33 U.S.C. Sec.
151251 et seq.), and shall expedite efficient oil spill response.
16(j) This section shall become effective on January 1, 2012.
end delete
begin insertSection 8670.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18to read:end insert
(a) The administrator shall carry out programs to
20provide training for individuals in response, containment, and
21cleanup operations and equipment, equipment deployment, and
22the planning and management of these programs. These programs
23may include training for members of the California Conservation
24Corps, other response personnel employed by the state, personnel
25employed by other public entities, personnel from marine facilities,
26commercial fishermen and other mariners, and interested members
27of the public. Training may be offered for volunteers.
28(b) The administrator may offer training to anyone who is
29required to take part in response and cleanup efforts under the
30California oil spill contingency plan or under local
government
31contingency plans prepared and approved under this chapter.
32(c) Upon request by a local government, the administratorbegin delete shallend delete
33begin insert mayend insert provide a program for training and certification of a local
34emergency responder designated as a local spill response manager
35by a local government with jurisdiction over or directly adjacent
36tobegin delete marineend delete watersbegin insert of the stateend insert.
37(d) Trained and certified local spill response managers shall
38participate in all drills upon request of the administrator.
P27 1(e) As part of the training and certification program, the
2administrator shall authorize a local spill response manager to train
3and certify volunteers.
4(f) In the event of an oil spill, local spill response managers
5trained and certified pursuant to subdivision (c) shall provide the
6state onscene coordinator with timely information on activities
7and resources deployed by local government in response to the oil
8spill. The local spill response manager shall cooperate with the
9administrator and respond in a manner consistent with the area
10contingency plan to the extent possible.
11(g) Funding for activities undertaken pursuant to subdivisions
12(a) to (c), inclusive, shall be from the Oil Spill Prevention and
13Administration Fund created pursuant to Section 8670.38.
14(h) All training provided by the administrator shall follow the
15requirements of applicable federal and state occupational safety
16and health standards adopted by the Occupational Safety and
17Health Administration of the Department of Labor and the
18begin delete California Occupational, Safety,end deletebegin insert
Occupational Safetyend insert and Health
19Standards Board.
begin insertSection 8670.8.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert
The administratorbegin delete shallend deletebegin insert mayend insert offer grants to a local
23government with jurisdiction over or directly adjacent tobegin delete marineend delete
24 watersbegin insert of the stateend insert to provide oil spill response equipment to be
25deployed by a local spill response manager certified pursuant to
26Section 8670.8. The administratorbegin delete shallend deletebegin insert
mayend insert request the Legislature
27to appropriate funds from the Oil Spill Prevention and
28Administration Fund created pursuant to Section 8670.38 for the
29purposes of this section.
begin insertSection 8670.8.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
31to read:end insert
The administrator may use volunteer workers in
33response, containment, restoration, wildlife rehabilitation, and
34cleanup efforts for oil spills inbegin delete marineend delete watersbegin insert of the stateend insert. The
35volunteers shall be deemed employees of the state for the purpose
36of workers’ compensation under Article 2 (commencing with
37Section 3350) of Chapter 2 of Part 1 of Division 4 of the Labor
38Code. Any payments for workers’ compensation pursuant to this
39section shall be made from the Oil Spill Response Trust Fund
40created pursuant to Section 8670.46.
begin insertSection 8670.9 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
(a) The administrator shall enter into discussions on
4behalf of the state with the States of Alaska, Hawaii, Oregon, and
5Washington, for the purpose of developing interstate agreements
6regarding oil spill prevention and response. The agreements shall
7address, including, but not limited to, all of the following:
8(1) Coordination of vessel safety and traffic.
9(2) Spill prevention equipment and response required onbegin delete tank begin insert vessels and at facilitiesend insert.
10ships and tank barges and at terminalsend delete
11(3) The availability of oil spill response and cleanup equipment
12and personnel.
13(4) Other matters that may relate to the transport of oil and oil
14spill prevention, response, and cleanup.
15(b) The administrator shall coordinate the development of these
16agreements with the Coast Guard, the Province of British Columbia
17in Canada, and the Republic of Mexico.
begin insertSection 8670.12 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert
(a) The administrator shall conduct studies and
21evaluations necessary for improving oil spill response, containment,
22and cleanup and oil spill wildlife rehabilitation inbegin delete marineend delete waters
23begin insert of the stateend insert andbegin delete marineend delete oil transportation systems. The administrator
24may expend moneys from the Oil Spill Prevention and
25Administration Fund created pursuant to Section 8670.38, enter
26into consultation agreements, and acquire necessary equipment
27and services for the purpose of carrying out these studies and
28evaluations.
29(b) The administrator shall study the use and effects of
30dispersants, incineration, bioremediation, and any other methods
31used to respond to a spill. The study shall periodically be updated
32to ensure the best achievable protection from the use of those
33methods. Based upon substantial evidence in the record, the
34administrator may determine in individual cases that best
35achievable protection is provided by establishing requirements
36begin delete whichend deletebegin insert thatend insert provide the greatest degree of protection achievable
37without imposing costsbegin delete whichend deletebegin insert thatend insert significantly outweigh the
38incremental
protection that would otherwise be provided. The
39studies shall do all of the following:
P29 1(1) Evaluate the effectiveness of dispersants and other chemical
2agents in oil spill response under varying environmental conditions.
3(2) Evaluate potential adverse impacts on the environment and
4public health including, but not limited to, adverse toxic impacts
5on water quality, fisheries, and wildlife with consideration to
6bioaccumulation and synergistic impacts, and the potential for
7human exposure, including skin contact and consumption of
8contaminated seafood.
9(3) Recommend appropriate uses and limitations on the use of
10dispersants and other chemical agents to ensure they are used only
11in situations where the administrator determines they are effective
12and safe.
13(c) The administrator shall evaluate the feasibility of using
14commercial fishermen and other mariners for oil spill containment
15and cleanup. The study shall examine the following:
16(1) Equipment and technology needs.
17(2) Coordination with private response personnel.
18(3) Liability and insurance.
19(4) Compensation.
20(d) The studies shall be performed in conjunction with any
21studies performed by federal, state, and international entities. The
22administrator may enter into contracts for the studies.
begin insertSection 8670.14 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
24to read:end insert
The administrator shall coordinate the oil spill
26prevention and response programs andbegin delete marineend delete facility, tank vessel,
27and nontank vessel safety standards of the state with federal
28programsbegin insert as appropriate andend insert to the maximum extent possible.
begin insertSection 8670.19 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert
(a) The administrator shall periodically conduct a
32comprehensive review of all oil spill contingency plans. The
33administrator shall do both of the following:
34(1) Segment the coast into appropriate areas as necessary.
35(2) Evaluate the oil spill contingency plans for each area to
36determine if deficiencies exist in equipment, personnel, training,
37and any other area determined to be necessary, including those
38response resources properly authorized for cascading into the area,
39to ensure the best achievable protection ofbegin delete the coastline, set forth begin insert
state waters from oil spillsend insert.
P30 1in the California oil spill contingency plan, including the marine
2oil spill contingency planning sectionend delete
3(b) If the administrator finds that deficiencies exist, the
4administrator shall, by the process set forth in Section 8670.31,
5remand any oil spill contingency plans to the originating party
6with recommendations for amendments necessary to ensure that
7thebegin delete coastline isend deletebegin insert waters of the state areend insert protected.
begin insertSection 8670.25 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert
(a) A person who, without regard to intent or
11negligence, causes or permits any oil to be discharged in or on the
12begin delete marine waters or inlandend delete waters of the state shall immediately
13contain, clean up, and remove the oil in the most effective manner
14that minimizes environmental damage and in accordance with the
15applicable contingency plans, unless ordered otherwise by the
16Coast Guard or the administrator.
17(b) If there is a spill, an owner or operator shall comply with
18the applicable oil spill contingency plan approved by the
19administrator.
begin insertSection 8670.25.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
21amended to read:end insert
(a) (1) Without regard to intent or negligence, any
23party responsible for the discharge or threatened discharge of oil
24inbegin delete marineend delete watersbegin insert of the stateend insert shall report the discharge immediately
25to the Office of Emergency Services pursuant to Sectionbegin delete 25507end delete
26begin insert 25510end insert of the Health and Safety Code.
27(2) If the information initially reported pursuant to paragraph
28(1) was
inaccurate or incomplete, or if the quantity of oil discharged
29has changed, any party responsible for the discharge or threatened
30discharge of oil inbegin delete marineend delete
watersbegin insert
of the stateend insert shall report the
31updated information immediately to the Office of Emergency
32Services pursuant to paragraph (1). The report shall contain the
33accurate or complete information, or the revised quantity of oil
34discharged.
35(b) Immediately upon receiving notification pursuant to
36subdivision (a), the Office of Emergency Services shall notify the
37administrator, the State Lands Commission, the California Coastal
38Commission, the California regional water quality control board
39having jurisdiction over the location of the discharged oil, and the
40appropriate local governmental agencies in the area surrounding
P31 1the discharged oil, and take the actions required by subdivision
2(d) of Section 8589.7. If the spill has occurred within the
3jurisdiction of the San Francisco Bay Conservation and
4Development Commission, the Office of Emergency Services shall
5notify that commission. Each public agency specified in
this
6subdivision shall adopt an internal protocol over communications
7regarding the discharge of oil and file the internal protocol with
8the Office of Emergency Services.
9(c) The 24-hour emergency telephone number of the Office of
10Emergency Services shall be posted at everybegin insert railroad dispatch,
11pipeline operator control center, marineend insert terminal, at the area of
12control of every marine facility, and on the bridge of every tankship
13in marine waters.
14(d) This section does not apply to discharges, or potential
15discharges, of less than one barrel (42 gallons) of oil unless a more
16restrictive reporting standard is adopted in the California oil spill
17contingency plan prepared pursuant to Section 8574.1.
18(e)
end delete
19begin insert(d)end insert Except as otherwise provided in this section and Section
208589.7, a notification made pursuant to this section shall satisfy
21any immediate notification requirement contained in any permit
22issued by a permitting agency.
begin insertSection 8670.26 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
24to read:end insert
Any local or state agency responding tobegin delete a spill ofend deletebegin insert anend insert
26 oilbegin insert spillend insert shall notify the Office of Emergency Services, if
27notificationbegin delete asend deletebegin insert isend insert required under Section 8670.25.5, Section 13272
28of the Water Code, or any other notification procedure adopted in
29the California oil spill contingency plan has not occurred.
begin insertSection 8670.27 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
31to read:end insert
(a) (1) All potentially responsible parties for
33begin delete dischargedend deletebegin insert anend insert oilbegin insert spillend insert and all of their agents and employees and
34all state and local agencies shall carry out response and cleanup
35operations in accordance with the applicable contingency plan,
36unless directed otherwise by the administrator or the Coast Guard.
37(2) Except as provided in subdivision (b), the responsible party,
38potentially responsible parties,
their agents and employees, the
39operators of all vessels docked at a marine facility that is the source
40of a discharge, and all state and local agencies shall carry out spill
P32 1response consistent with the California oil spill contingency plan
2or other applicable federal, state, or local spill response plans, and
3owners and operators shall carry out spill response consistent with
4their applicable response contingency plans, unless directed
5 otherwise by the administrator or the Coast Guard.
6(b) If a responsible party or potentially responsible party
7reasonably, and in good faith, believes that the directions or orders
8given by the administrator pursuant to subdivision (a) will
9substantially endanger the public safety or the environment, the
10party may refuse to act in compliance with the orders or directions
11of the administrator. The responsible party or potentially
12responsible party shall state, at the time of the refusal, the reasons
13why the
party refuses to follow the orders or directions of the
14administrator. The responsible party or potentially responsible
15party shall give the administrator written notice of the reasons for
16the refusal within 48 hours of refusing to follow the orders or
17directions of the administrator. In any civil or criminal proceeding
18commenced pursuant to this section, the burden of proof shall be
19on the responsible party or potentially responsible party to
20demonstrate, by clear and convincing evidence, why the refusal
21to follow the orders or directions of the administrator was justified
22under the circumstances.
begin insertSection 8670.28 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
24to read:end insert
(a) The administrator, taking into consideration the
26begin delete marineend delete facility or vessel contingency plan requirements ofbegin delete the the State Lands
27national and California contingency plans,end delete
28Commission, thebegin insert Office of theend insert State Fire Marshal,begin delete andend delete the
29California Coastal Commissionbegin insert, and other state and federal
30agencies,end insert shall adopt and implement regulations governing the
31adequacy of oil
spill contingency plans to be prepared and
32implemented under this article. All regulations shall be developed
33in consultation with the Oil Spill Technical Advisory Committee,
34and shall be consistent with the California oil spill contingency
35plan and not in conflict with the National Contingency Plan. The
36regulations shall provide for the best achievable protection of
37begin delete coastal and marineend deletebegin insert waters and naturalend insert resourcesbegin insert of the stateend insert. The
38regulations shall permit the development, application, and use of
39an oil spill contingency plan for similar vessels, pipelines,
40terminals, and facilities within a single company or organization,
P33 1and across companies and organizations. The regulations shall, at
2a minimum, ensure all of
the following:
3(1) All areas ofbegin delete the marineend deletebegin insert
stateend insert watersbegin delete of the stateend delete are at all
4times protected by prevention, response, containment, and cleanup
5equipment and operations.begin delete For the purposes of this section, “marine
6waters” includes the waterways used for waterborne commercial
7vessel traffic to the Port of Stockton and the Port of Sacramento.end delete
8(2) Standards set for response, containment, and cleanup
9equipment and operations are maintained and regularly improved
10to protect the resources of the state.
11(3) All appropriate personnel employed by operators required
12to have a contingency plan receive training in oil spill response
13and cleanup equipment usage and operations.
14(4) Each oil spill contingency plan provides for appropriate
15financial or contractual arrangements for all necessary equipment
16and servicesbegin delete,end delete for the response, containment, and cleanup of a
17reasonable worst case oil spill scenario for eachbegin delete part of the coastend delete
18begin insert areaend insert the plan addresses.
19(5) Each oil spill contingency plan demonstrates that all
20protection measures are being taken to reduce the possibility of
21an oil spill occurring as a result of the operation of thebegin delete marineend delete
22
facility or vessel. The protection measures shall include, but not
23be limited to, response to disabled vessels and an identification of
24those measures taken to comply with requirements of Division 7.8
25(commencing with Section 8750) of the Public Resources Code.
26(6) Each oil spill contingency plan identifies the types of
27equipment that can be used, the location of the equipment, and the
28time taken to deliver the equipment.
29(7) Eachbegin delete marineend delete facilitybegin insert, as determined by the administrator,end insert
30 conducts a hazard and operability study to identify the hazards
31associated with the operation of the facility, including the use of
32the facility by vessels, due to operating error, equipment failure,
33
and external events. For the hazards identified in the hazard and
34operability studies, the facility shall conduct an offsite consequence
35analysisbegin delete whichend deletebegin insert thatend insert, for the most likely hazards, assumes
36pessimistic water and air dispersion and other adverse
37environmental conditions.
38(8) Each oil spill contingency plan contains a list of contacts to
39call in the event of a drill, threatened discharge of oil, or discharge
40of oil.
P34 1(9) Each oil spill contingency plan identifies the measures to
2be taken to protect the recreational and environmentally sensitive
3areas that would be threatened by a reasonable worst case oil spill
4scenario.
5(10) Standards for determining a reasonable worst case oil spill.
6begin insert However, for a nontank vessel, the reasonable worst case is a spill
7of the total volume of the largest fuel tank on the nontank vessel.end insert
8(11) Each oil spill contingency plan includes a timetable for
9implementing the plan.
10(12)
end delete
11begin insert(11)end insert Each oil spill contingency plan specifies an agent for service
12of process. The agent shall be located in this state.
13(b) The regulations and guidelines adopted pursuant to this
14section shall also include provisions to provide public review and
15comment on submitted oil spill contingency plansbegin delete prior to approvalend delete.
16(c) The regulations adopted pursuant to this section shall
17specifically address the types of equipment that will be necessary,
18the maximum time that will be allowed for deployment, the
19maximum distance to cooperating response entities, the amounts
20of dispersant, and the maximum time required for application,
21should the use of dispersants be approved. Upon a determination
22by the administrator that booming is appropriate at the site and
23necessary to provide best achievable protection, the regulations
24shall require that vessels engaged in lightering operations be
25boomed prior to the commencement of
operations.
26(d) The administrator shall adopt regulations and guidelines for
27oil spill contingency plans with regard to mobile transfer units,
28small marine fueling facilities, and vessels carrying oil as secondary
29cargo that acknowledge the reduced risk of damage from oil spills
30from those units, facilities, and vessels while maintaining the best
31achievable protection for the public health and safety and the
32environment.
33(e) The regulations adopted pursuant to subdivision (d) shall be
34exempt from review by the Office of Administrative Law.
35Subsequent amendments and changes to the regulations shall not
36be exempt frombegin insert review by theend insert Office of Administrative Lawbegin delete reviewend delete.
37(f) This section shall become effective on January 1, 2012.
end delete
begin insertSection 8670.29 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert
(a) In accordance with the rules, regulations, and
2policies established by the administrator pursuant to Section
38670.28, an owner or operator of abegin delete marineend delete facility, small marine
4fueling facility, or mobile transfer unit,begin delete prior to operating in the begin insert or end insertan owner or operator of a tank vessel, nontank
5marine waters of the state or where an oil spill could impact marine
6waters; and end delete
7vessel, or vessel carrying oil as secondary cargo,begin delete beforeend deletebegin insert
whileend insert
8 operating in thebegin delete marineend delete
waters of the statebegin insert
or where a spill could
9impact waters of the stateend insert, shallbegin delete prepare and implementend deletebegin insert haveend insert an
10oil spill contingency plan that has been submitted to, and approved
11by, the administrator pursuant to Section 8670.31. An oil spill
12contingency plan shall ensure the undertaking of prompt and
13adequate response and removal action in case ofbegin delete an oilend deletebegin insert aend insert spill, shall
14be consistent with the California oil spill contingency plan, and
15shall not conflict with the National Oil and Hazardous Substances
16Pollution Contingency Plan (NCP)begin insert, end insertbegin insertPart
300 of Title 40 of the
17Code of Federal Regulationsend insert.
18(b) An oil spill contingency plan shall, at a minimum, meet all
19of the following requirements:
20(1) Be a written document, reviewed for feasibility and
21executability, and signed by the owner or operator, orbegin delete theirend deletebegin insert his or
22herend insert designee.
23(2) Provide for the use of an incident command system to be
24used during a spill.
25(3) Provide procedures for reporting oil spills to local, state,
26and federal agencies, and include a list of contacts to call in the
27event of a drill, threatened spill, or
spill.
28(4) Describe the communication plans to be used during a spillbegin insert,
29if different from those used by a recognized incident command
30systemend insert.
31(5) Describe the strategies for the protection of environmentally
32sensitive areas.
33(6) Identify at least one rated OSRO for each rating level
34established pursuant to Section 8670.30. Each identified rated
35OSRO shall be directly responsible by contract, agreement, or
36other approved means to provide oil spill response activities
37pursuant to the oil spill contingency plan. A rated OSRO may
38provide oil spill response activities individually, or in combination
39with another rated OSRO, for a particular owner or operator.
40(7) Identify a qualified individual.
P36 1(8) Provide the name, address, and telephone and facsimile
2numbers for an agent for service of process, located within the
3state and designated to receive legal documents on behalf of the
4owner or operator.
5(9) Provide for training and drills on elements of the plan at
6least annually, with all elements of the plan subject to a drill at
7least once every three years.
8(c) An oil spill contingency plan for a vessel shall also include,
9but is not limited to, all of the following requirements:
10(1) The plan shall be submitted to the administrator at least
11seven days prior to the vessel entering waters of the state.
12(2) The plan shall provide
evidence of compliance with the
13International Safety Management Code, established by the
14International Maritime Organization, as applicable.
15(3) If the oil spill contingency plan is for a tank vessel, the plan
16shall include both of the following:
17(A) The plan shall specify oil and petroleum cargo capacity.
18(B) The plan shall specify the types of oil and petroleum cargo
19carried.
20(4) If the oil spill contingency plan is for a nontank vessel, the
21plan shall include both of the following:
22(A) The plan shall specify the type and total amount of fuel
23carried.
24(B) The plan shall specify the capacity of the largest fuel tank.
25(d) An oil spill contingency plan for abegin delete marineend delete facility shall also
26include, but is not limited to, all of the following provisionsbegin insert, as
27appropriateend insert:
28(1) Provisions for site security and control.
29(2) Provisions for emergency medical treatment and first aid.
30(3) Provisions for safety training, as required by state and federal
31safety laws for all personnel likely to be engaged in oil spill
32response.
33(4) Provisions detailing site layout and locations of
34environmentally sensitive areas requiring special
protection.
35(5) Provisions for vessels that are in the operational control of
36the facility for loading and unloading.
37(e) Unless preempted by federal law or regulations, an oil spill
38contingency plan for a railroad also shall include, but is not limited
39to, all of the following:
40(1) A list of the types of train cars that may make up the consist.
end insertbegin insert
P37 1(2) A list of the types of oil and petroleum products that may be
2transported.
3(3) A map of track routes and facilities.
end insertbegin insert
4(4) A list, description, and map of any prestaged spill response
5equipment and personnel for deployment of the equipment.
6(e)
end delete
7begin insert(f)end insert The oil spill contingency plan shall be available to response
8personnel and to relevant state and federal agencies for inspection
9and review.
10(f)
end delete
11begin insert(g)end insert The oil spill contingency plan shall be reviewed periodically
12and updated as necessary. All updates shall be submitted to the
13administrator pursuant to this article.
14(g)
end delete
15begin insert(h)end insert In addition to the regulations adopted pursuant to Section
168670.28, the administrator shall adopt regulations and guidelines
17to implement this section. The regulations and guidelines shall
18provide for the best achievable protection ofbegin delete coastal and marineend delete
19begin insert
waters and naturalend insert resourcesbegin insert of the stateend insert. The administrator may
20establish additional oil spill contingency plan requirements,
21including, but not limited to, requirements based on the different
22geographic regions of the state. All regulations and guidelines shall
23be developed in consultation with the Oil Spill Technical Advisory
24Committee.
25(h) This section shall become operative on January 1, 2012.
end delete
26(i) Notwithstanding subdivision (a) and paragraph (6) of
27subdivision (b), a vessel or facility operating where a
spill could
28impact state waters that are not tidally influenced does not have
29to identify a rated OSRO in the contingency plan until January 1,
302016.
begin insertSection 8670.30.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
32amended to read:end insert
(a) The administrator may review each oil spill
34contingency plan that has been approved pursuant to Section
358670.29 to determine whether it complies with Sections 8670.28
36and 8670.29.
37(b) If the administrator finds the approved oil spill contingency
38plan is deficient, the plan shall be returned to the operator with
39written reasons why the approved plan was found inadequate and,
40if practicable, suggested modifications or alternatives. The operator
P38 1shall submit a new or modified plan withinbegin delete 90end deletebegin insert 30end insert days that
2responds to the deficiencies
identified by the administrator.
begin insertSection 8670.31 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert
(a) Each oil spill contingency plan required under
6this article shall be submitted to the administratorbegin delete before a tank begin insert for review and approvalend insert.
7vessel, nontank vessel, or vessel carrying oil as secondary cargo
8operates in the marine waters of the state, or before a marine
9facility, small marine fueling facility, or mobile transfer unit,
10operates in the marine waters of the state or where an oil spill
11therefrom could impact marine watersend delete
12(b) The administrator shall review each submitted contingency
13plan to determine whether it complies
with the administrator’s
14rules, policies, and regulations adopted pursuant to Section 8670.28
15and 8670.29.begin insert The administrator may issue a preliminary approval
16pending final approval or disapproval.end insert
17(c) Each contingency plan submitted shall be approved or
18disapproved withinbegin delete 180end deletebegin insert 30end insert days after receipt by the administrator.
19The administrator may approve or disapprove portions of a plan.
20A plan is not deemed approved until all portions are approved
21pursuant to this section. The disapproved portion shall be subject
22to the procedures contained in subdivision (d).
23(d) If the administrator finds
the submitted contingency plan is
24inadequate under the rules, policies, and regulations of the
25administrator, the plan shall be returned to the submitter with
26written reasons why the plan was found inadequate and, if
27practicable, suggested modifications or alternatives, if appropriate.
28The submitter shall submit a new or modified plan withinbegin delete 90end deletebegin insert 30end insert
29 days after the earlier plan was returned, responding to the findings
30and incorporating any suggested modifications. The resubmittal
31shall be treated as a new submittal and processed according to the
32provisions of this section, except that the resubmitted plan shall
33be deemed approved unless the administrator acts pursuant to
34subdivision (c).begin delete Failure to gain approval after the second
35submission may be determined by the administrator to be a
36violation of this chapter.end delete
37(e) The administrator may make inspections and require drills
38of any oil spill contingency plan that is submitted.
39(f) After the plan has been approved, it shall be resubmitted
40every five years thereafter. The administrator may require earlier
P39 1or more frequent resubmission, if warranted. Circumstances that
2would require an earlier resubmission include, but are not limited
3to, changes in regulations, new oil spill response technologies,
4deficiencies identified in the evaluation conducted pursuant to
5Section 8670.19, or a need for a different oil spill response because
6of increased need to protect endangered species habitat. The
7administrator may deny approval of the resubmitted plan if it is
8no longer considered adequate according to the adopted rules,
9regulations, and policies of the administrator at the time of
10resubmission.
11(g) begin delete(1)end deletebegin delete end deleteEach begin insertowner or end insertoperator of a tank vessel,begin insert nontankend insert
vessel
12carrying oil as a secondary cargo, orbegin delete marineend delete
facility who is required
13to file an oil spill response plan or update pursuant to provisions
14of federal law regulatingbegin delete marineend delete oil spill response plans shallbegin delete, for submitbegin insert, for informational purposes
15informational purposes only,end delete
16only and upon request of the administrator,end insert a copy of that plan or
17update to the administrator at the time that it is approved by the
18relevant federal agency.
19(2) A tank vessel, vessel carrying oil as a secondary cargo, or
20marine facility operator is not required to submit a copy of the
21response plan or update specified in paragraph (1) to the
22administrator if either the vessel or facility is exempt from having
23to file a response plan with the state, or if the content of the plan
24submitted by the operator pursuant to Section 8670.29 is
25substantially the same as the federal response plan or update.
begin insertSection 8670.32 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert
(a) To reduce the risk of an oil spill as a result of
29fuel, cargo, and lube oil transfers, the administrator shall develop
30and implement a screening mechanism and a comprehensive
31risk-based monitoring program for inspecting the bunkering and
32lightering operations of vessels at anchor and alongside a dock.
33This program shall identify those bunkering and lightering
34operations that pose the highest risk of a pollution incident.
35(b) The administrator shall ensure that all bunkering and
36lightering operations that, pursuant to subdivision (a), pose the
37highest risk of a pollution incident are routinely monitored and
38inspected. The administrator shall coordinate the monitoring and
39inspection program with thebegin delete United Statesend delete
Coast Guard.
P40 1(c) The administrator shall establish regulations to provide for
2the best achievable protection during bunkering and lightering
3operationsbegin delete in the marine environmentend delete.
4(d) This section shall remain in effect only until January 1, 2015,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2015, deletes or extends that date.
begin insertSection 8670.33 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
8to read:end insert
(a) If the operator of a tank ship or tank barge for
10which a contingency plan has not been approved desires to have
11the tank ship or tank barge enterbegin delete marineend delete waters of the state, the
12administrator may give approval by telephone or facsimile machine
13for the entry of the tank ship or tank barge intobegin delete marineend delete watersbegin insert of
14the stateend insert under an approved contingency plan applicable to a
15terminal or tank ship, if all of the following are met:
16(1) The terminal or tank
ship is the destination of the tank ship
17or tank barge.
18(2) The operator of the terminal or the tank ship provides the
19administrator advance written assurance that the operator assumes
20all responsibility for the operations of the tank ship or tank barge
21while it is inbegin delete marineend delete watersbegin insert of the stateend insert traveling to or from the
22terminal. The assurance may be delivered by hand or by mail or
23may be sent by facsimile machine, followed by delivery of the
24original.
25(3) The approved terminal or tank ship contingency plan
26includes all conditions the administrator requires for the operations
27of tank ship or tank barges traveling to and from the terminal.
28(4) The tank ship or tank barge and its operations meet all
29requirements of the contingency plan for the tank ship or terminal
30that is the destination of the tank ship or tank barge.
31(5) The tank ship or tank barge without an approved contingency
32plan has not enteredbegin delete marineend delete watersbegin insert of the stateend insert more than once in
33the 12-month period preceding the request made under this section.
34(b) At all times that a tank ship or tank barge is inbegin delete marineend delete waters
35begin insert of the stateend insert
pursuant to subdivision (a), its operators and all their
36agents and employees shall operate the vessel in accordance with
37the applicable operations manual or, if there is an oil spill, in
38accordance with the directions of the administrator and the
39applicable contingency plan.
begin insertSection 8670.34 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
This article shall not apply to any tank vessel, nontank
4vessel, or vessel carrying oil as a secondary cargo that enters
5begin delete marineend delete waters of the state because of imminent danger to the lives
6of crew members or if enteringbegin delete marineend delete waters of the state will
7substantially aid in preventing an oil spill or other harm to public
8safety or the environment, if the operators of the tank vessel,
9nontank vessel, or vessel carrying oil as a secondary cargo comply
10with all of the following:
11(a) The operators or crew of the tank vessel, nontank vessel, or
12vessel carrying oil as a secondary cargobegin delete compliesend deletebegin insert
complyend insert at all
13times with all orders and directions given by the administrator, or
14his or her designee, while the tank vessel, nontank vessel, or vessel
15carrying oil as a secondary cargo is inbegin delete marineend delete waters of the state,
16unless the orders or directions are contradicted by orders or
17directions of the Coast Guard.
18(b) Except for fuel, oil may be transferred to or from the tank
19vessel, nontank vessel, or vessel carrying oil as a secondary cargo
20while it is inbegin delete marineend delete waters of the state only if permission is
21obtained for the transfer of oil and one of the following conditions
22is met:
23(1) The transfer is necessary for the safety of the crew.
24(2) The transfer is necessary to prevent harm to public safety
25or the environment.
26(3) An oil spill contingency plan is approved or made applicable
27to the tank vessel, nontank vessel, or vessel carrying oil as a
28secondary cargo, under subdivision (c).
29(c) The tank vessel, nontank vessel, or vessel carrying oil as a
30secondary cargo shall leave thebegin delete marineend delete waters of the state as soon
31as it may do so without imminent risk of harm to the crew, public
32safety, or the environment, unless an oil spill contingency plan is
33approved or made applicable to it under this article.
begin insertSection 8670.35 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert
(a) The administrator, taking into consideration the
37California oil spill contingency plan, shall promulgate regulations
38regarding the adequacy of oil spillbegin delete contingency planend delete elements of
39begin delete business and hazardous materialsend delete area plans required pursuant to
40Section 25503 of the Health and Safety Code. In developing the
P42 1begin delete guidelines,end deletebegin insert regulations,end insert the administrator shall consult with the
2Oil Spill Technical Advisory Committee.
3(b) begin deleteAny local government end deletebegin insertThe administrator may offer, to a
4unified program agency end insertwith jurisdiction over or directly adjacent
5tobegin delete marineend delete watersbegin delete may apply forend deletebegin insert of the state,end insert a grant to complete,
6update, or revise an oil spillbegin delete contingency planend delete elementbegin insert of the area
7planend insert.
8(c) Eachbegin delete contingency planend deletebegin insert
oil spillend insert
element established under
9this section shall include provisions for training fire and police
10personnel in oil spill response and cleanup equipment use and
11operations.
12(d) Eachbegin delete contingency planend deletebegin insert oil spillend insert element prepared under this
13section shall be consistent with the local government’s local coastal
14program as certified under Section 30500 of the Public Resources
15Code, the California oil spill contingency plan, and the National
16Contingency Plan.
17(e) begin deleteTheend deletebegin insert If a grant is awarded, theend insert
administrator shall review
18and approve eachbegin delete contingency planend deletebegin insert
oil spillend insert element established
19pursuant to this section. If, upon review, the administrator
20determines that thebegin delete contingency planend deletebegin insert oil spillend insert element is inadequate,
21the administrator shall return it to the agency that prepared it,
22specifying the nature and extent of the inadequacies, and, if
23practicable, suggesting modifications. Thebegin delete local governmentend deletebegin insert unified
24programend insert agency shall submit a new or modifiedbegin delete planend deletebegin insert elementend insert
25
within 90 days after thebegin delete planend deletebegin insert elementend insert was returned, responding to
26the findings and incorporating any suggested modifications.
27(f) The administrator shall review the preparedness ofbegin delete local begin insert unified program agenciesend insert to determine whether a
28governmentsend delete
29program of grants for completing oil spillbegin delete contingency planend delete
30 elements is desirable and should be continued. If the administrator
31determines that local government preparedness should be improved,
32the administrator shall request the
Legislature to appropriate funds
33from the Oil Spill Prevention and Administration Fund for the
34purposes of this section.
35(g) This section shall become operative on January 1, 2012.
end delete
begin insertSection 8670.36 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
37to read:end insert
begin delete(a)end deletebegin delete end deleteThe administrator shall, within five working days
39after receipt of a contingency plan prepared pursuant to Section
408670.28 or 8670.35,begin delete sendend deletebegin insert postend insert a notice that the plan is available
P43 1for reviewbegin delete to the Oil Spill Technical Advisory Committeeend delete. The
2administrator shall send a copy of the plan within two working
3days after receiving a request from the Oil Spill Technical Advisory
4Committee. The State
Lands Commission and the California
5Coastal Commission shall review the plans for facilities or local
6governments within the coastal zone. The San Francisco Bay
7Conservation and Development Commission shall review the plans
8forbegin delete marineend delete facilities or local governments within the area described
9in Sections 66610 and 29101 of the Public Resources Code. Any
10state agency or committee that comments shall submit its comments
11to the administrator withinbegin delete 60end deletebegin insert 15end insert days of receipt of the plan. The
12administrator shall consider all commentsbegin delete in approving or .
13disapproving the planend delete
14(b) This section shall become operative on January 1, 2012.
end delete
begin insertSection 8670.37 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert
(a) The administrator, with the assistance of the State
18Lands Commission, the California Coastal Commission,begin delete andend delete the
19executive director of the San Francisco Bay Conservation and
20Development Commission,begin insert or other appropriate agency,end insert shall
21carry out studies with regard to improvements to contingency
22planning and oil spill response equipment and operations.
23(b) To the greatest extent possible, these studies shall be
24coordinated with studies being done by the federal government,
25and other appropriate state and international entities, and
26
duplication with the efforts of other entities shall be minimized.
27(c) The administrator, the State Lands Commission, the
28California Coastal Commission,begin delete andend delete thebegin delete Executive Directorend delete
29begin insert executive directorend insert of the San Francisco Bay Conservation and
30Development Commission,begin insert or other appropriate agencyend insert may be
31reimbursed for all costs incurred in carrying out the studies under
32this section from the Oil Spill Prevention and Administration Fund.
begin insertSection 8670.37.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
34amended to read:end insert
(a) The administrator shall establish a network of
36rescue and rehabilitation stations forbegin delete sea birds,end deletebegin insert wildlife injured by
37oil spills, includingend insert seabegin delete otters,end deletebegin insert ottersend insert and other marine mammals.
38In addition to rehabilitative care, the primary focus of the Oiled
39Wildlife Care Network shall include proactive oiled wildlife search
40and collection rescue efforts. These facilities shall be established
P44 1and maintained in a
state of preparedness to provide the best
2achievable treatment forbegin delete marine mammalsend deletebegin insert wildlife, mammals,end insert and
3birds affected by an oil spill inbegin delete marineend delete watersbegin insert of the stateend insert. The
4administrator shall consider all feasible management alternatives
5for operation of the network.
6(b) begin insert(1)end insertbegin insert end insert The first rescue and rehabilitation station established
7
pursuant to this section shall be located within the sea otter range
8on the central coast. The administratorbegin insert initiallyend insert shall establish
9regional oiled wildlife rescue and rehabilitation facilities in the
10Los Angeles Harbor area, the San Francisco Bay area, the San
11Diego area, the Monterey Bay area, the Humboldt County area,
12and the Santa Barbara areabegin delete, andend deletebegin insert. The administrator alsoend insert may
13establishbegin delete thoseend delete facilities in otherbegin delete coastalend delete areas of the state as the
14administrator determines to be necessary.begin delete Oneend delete
15begin insert(2)end insertbegin insert end insertbegin insertOneend insert or more of the oiled wildlife rescue and rehabilitation
16stations shall be open to the public for educational purposes and
17shall be available forbegin delete marineend delete wildlife health research. Wherever
18possible in the establishment of these facilities, the administrator
19shall improve existing authorizedbegin delete marine mammalend delete rehabilitation
20facilities and may expand or take advantage of existing educational
21or scientific programs and institutions for oiled wildlife
22rehabilitation purposes. Expenditures shall be reviewed by the
23agencies and organizations specified in subdivision (c).
24(c) The administrator shall consult with the
United States Fish
25and Wildlife Service, the National Marine Fisheries Service, the
26California Coastal Commission, thebegin delete Executive Directorend deletebegin insert executive
27directorend insert of the San Francisco Bay Conservation and Development
28Commission, the Marine Mammal Center, andbegin delete theend delete International
29Bird Rescuebegin delete Centerend delete in the design, planning, construction, and
30operation of the rescue and rehabilitation stations. All proposals
31for the rescue and rehabilitation stations shall be presented before
32a public hearing prior to the construction and operation of any
33rehabilitation station, and, upon completion of the coastal
34protection element of the California oil spill contingency plan,
35shall
be consistent with the coastal protection element.
36(d) The administrator may enter into agreements with nonprofit
37organizations to establish and equip wildlife rescue and
38rehabilitation stations and to ensure that they are operated in a
39professional manner in keeping with the pertinent guidance
40documents issued by thebegin delete Office of Spill Prevention and Response begin insert administratorend insert. The
P45 1in the Department of Fish and Gameend delete
2implementation of the agreement shall not constitute a California
3public works project. The agreement shall be deemed a contract
4for wildlife rehabilitation as authorized by Section 8670.61.5.
5(e) In the event of a spill, the responsible party may request that
6the administrator perform
the rescue and rehabilitation of oiled
7wildlife required of the responsible party pursuant to this chapter
8if the responsible party and the administrator enter into an
9agreement for the reimbursement of the administrator’s costs
10incurred in taking the requested action. If the administrator
11performs the rescue and rehabilitation of oiled wildlife, the
12administrator shall primarily utilize the network of rescue and
13rehabilitation stations established pursuant to subdivision (a),
14unless more immediate care is required. Any of those activities
15conducted pursuant to this section or Section 8670.56.5 or
168670.61.5 shall be performed under the direction of the
17administrator. This subdivision does not remove the responsible
18party from liability for the costs of,begin delete norend deletebegin insert orend insert the responsibility for,
19the rescue and rehabilitation
of oiled wildlife, as established by
20this chapter. This subdivision does not prohibit an owner or
21operator from retaining, in a contingency plan prepared pursuant
22to this article, wildlife rescue and rehabilitation services different
23from the rescue and rehabilitation stations established pursuant to
24this section.
25(f) (1) The administrator shall appoint a rescue and
26rehabilitation advisory board to advise the administrator regarding
27operation of the network of rescue and rehabilitation stations
28established pursuant to subdivision (a), including the economic
29operation and maintenance of the network. For the purpose of
30assisting the administrator in determining what constitutes the best
31achievable treatment for oiled wildlife, the advisory board shall
32provide recommendations to the administrator on the care achieved
33by current standard treatment methods, new or alternative treatment
34methods, the costs of treatment methods,
and any other information
35that the advisory board believes that the administrator might find
36useful in making that determination. The administrator shall consult
37with the advisory board in preparing the administrator’s submission
38to the Legislature pursuant tobegin delete subparagraph (A) of paragraph (2)
39of subdivision (end deletebegin deletelend deletebegin delete) of Section 8670.48end deletebegin insert
subdivision (a) of Section
408670.40.5end insert. The administrator shall present the recommendations
P46 1of the advisory board to the Oil Spill Technical Advisory
2Committee created pursuant to Article 8 (commencing with Section
38670.54), upon the request of the committee.
4(2) The advisory board shall consist of a balance between
5representatives of the oil industry, wildlife rehabilitation
6organizations, and academia. One academic representative shall
7be from a veterinary school within this state. The United States
8Fish and Wildlife Service and the National Marine Fisheries
9Service shall be requested to participate as ex officio members.
10(3) (A) The Legislature hereby finds and declares that since
11the administrator may rely on the expertise provided by the
12volunteer members of the advisory board and may be guided by
13their
recommendations in making decisions that relate to the
14operation of the network of rescue and rehabilitation stations, those
15members should be entitled to the same immunity from liability
16that is provided other public employees.
17(B) Members of the advisory board, while performing functions
18within the scope of advisory board duties, shall be entitled to the
19same rights and immunities granted public employees by Article
203 (commencing with Section 820) of Chapter 1 of Part 2 of
21Division 3.6 of Title 1. Those rights and immunities are deemed
22to have attached, and shall attach, as of the date of appointment
23of the member to the advisory board.
24(g) The administrator shall ensure the state’s ability to prevent
25the contamination of wildlife and to identify, collect, rescue, and
26treat oiled wildlife through all of the following:
27(1) Providing for the recruitment and training of an adequate
28network of wildlife specialists and volunteers from Oiled Wildlife
29Care Network participant organizations who can be called into
30immediate action in the event of an oil spill to assist in the field
31with collection of live oiled wildlife. The training shall include a
32process for certification of trained volunteers and renewal of
33certifications. The initial wildlife rescue training shall include field
34experience in species identification and appropriate field collection
35techniques for species at risk in different spills. In addition to
36training in wildlife rescue, the administrator shall provide for
37appropriate hazardous materials training for new volunteers and
38contract personnel, with refresher courses offered as necessary to
39allow for continual readiness of search and collection teams.begin delete The begin insert
Moneys in the Oil Spill Prevention and
40Office of Spill Prevention and Response in the Department of Fish
P47 1and Game is not requiredend delete
2Administration Fund shall not beend insertbegin insert usedend insert to reimburse volunteers for
3time or travel associated with requiredbegin delete wildlife rescue or hazardous training.
4materialsend delete
5(2) Developing and implementing a plan for the provision of
6emergency equipment for wildlife rescue in strategic locations to
7facilitate ready deployment in the case of an oil spill. The
8administrator shall ensure that the equipment identified as
9necessary in his or her wildlife response plan is available and
10deployed in a timely manner to assist in providing the best
11achievable protection and collection efforts.
12(3) Developing the capacity of the Oiled Wildlife
Care Network
13to recruit and train an adequate field team for collection of live
14oiled wildlife, as specified in paragraph (1), by providing staffing
15for field operations, coordination, and volunteer outreach for the
16Oiled Wildlife Care Network. The duties of the field operations
17and volunteer outreach staff shall include recruitment and
18coordination of additional participation in the Oiled Wildlife Care
19Network by other existing organizations with experience and
20expertise in wildlife rescue and handling, including scientific
21organizations, educational institutions, public agencies, and
22nonprofit organizations dedicated to wildlife conservation, and
23recruitment, training, and supervision of volunteers from Oiled
24Wildlife Care Network participating organizations.
25(4) Ensuring that qualified persons with experience and expertise
26in wildlife rescue are assigned to oversee and supervise wildlife
27recovery search and collection efforts, as specified
in the
28administrator’s wildlife response plan. The administrator shall
29provide for and ensure that all persons involved in field collection
30of oiled wildlife receive training in search and capture techniques
31and hazardous materials certification, as appropriate.
begin insertSection 8670.37.51 of the end insertbegin insertGovernment Codeend insertbegin insert is
33amended to read:end insert
(a) begin deleteNo end deletebegin insertA end inserttank vessel or vessel carrying oil as a
35secondary cargobegin delete mayend deletebegin insert shall notend insert be used to transport oil across
36begin delete marineend delete waters of the state unless thebegin insert owner orend insert operator hasbegin insert
applied
37for andend insert obtained a certificate of financial responsibility issued by
38the administrator for that vessel or for the owner of all of the oil
39contained in and to be transferred to or from that vessel.
P48 1(b) begin deleteNo end deletebegin insertAn end insertoperator of a marine terminal within the statebegin delete mayend delete
2begin insert shall notend insert transfer oil to or from a tank vessel or vessel carrying oil
3as a secondary cargo unless the operator of the marine terminal
4has received a copy of a certificate of financial responsibility issued
5by the administrator for the operator of that vessel or for
all of the
6oil contained in and to be transferred to or from that vessel.
7(c) begin deleteNo end deletebegin insertAn end insertoperator of a marine terminal within the statebegin delete mayend delete
8begin insert shall notend insert transfer oil to or from any vessel that is or is intended to
9be used for transporting oil as cargo to or from a second vessel
10unless the operator of the marine terminal has first received a copy
11of a certificate of financial responsibility issued by the
12administrator for the person responsible for both the first and
13second vessels or all of the oil contained in both vessels, as well
14as all the oil to be transferred to or from
both vessels.
15(d) begin deleteNo
person operate a marine facility unless the owner or
16operator of the marine facility has first obtainedend delete
17operator of a facility end insertbegin insertwhere a spill could impact waters of the state
18shall apply for and obtainend insert a certificate of financial responsibility
19begin delete fromend deletebegin insert issued byend insert the administrator for thebegin delete marineend delete facilitybegin insert or the oil
20to be handled, stored, or transported by the facilityend insert.
21(e) No tank vessel or vessel carrying oil as a secondary cargo
22may be used to transport oil across marine waters of the state
23unless, at least 24 hours prior to the transport, the administrator
24has received both of the following:
25(1) A copy of a certificate applicable to that vessel or to all of
26the oil in that vessel at all times during transport.
27(2) A copy of a written statement by the holder of the applicable
28certificate authorizing its application to the vessel.
29(e) Pursuant to Section 8670.37.58, nontank vessels shall obtain
30a certificate of financial responsibility.
begin insertSection 8670.37.52 of the end insertbegin insertGovernment Codeend insertbegin insert is
32amended to read:end insert
The certificate of financial responsibility shall be
34conclusive evidence that the person or entity holding the certificate
35is the party responsible for the specified vessel,begin delete marineend delete facility, or
36oil for purposes of determining liability pursuant to this chapter.
begin insertSection 8670.37.53 of the end insertbegin insertGovernment Codeend insertbegin insert is
38amended to read:end insert
(a) To receive a certificate of financial
40responsibility for a tank vessel or for all of the oil contained within
P49 1begin delete such aend deletebegin insert thatend insert vessel, the applicant shall demonstrate to the satisfaction
2of the administrator the financial ability to pay at least one billion
3dollars ($1,000,000,000) for any damages that may arise during
4the term of the certificate.
5(b) The administrator may establish a lower standard of financial
6responsibility for small tank barges, vessels carrying oil as a
7secondary cargo, and small marine fueling facilities. The
standard
8shall be based on the quantity of oil that can be carried or stored
9and the risk of spill intobegin delete marineend delete
watersbegin insert
of the stateend insert. The
10administrator shall not set a standard that is less than the expected
11costs from a reasonable worst case oil spill intobegin delete marineend delete watersbegin insert of
12the stateend insert.
13(c)(1)
end delete
14begin insert(c)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertTo receive a certificate of financial responsibility for a
15begin delete marineend delete facility, the applicant shall demonstrate to the satisfaction
16of the administrator the financial
ability to pay for any damages
17that might arise during a reasonable worst case oil spill intobegin delete marineend delete
18 watersbegin insert of the stateend insert that results from the operations of thebegin delete marineend delete
19 facility. The administrator shall consider criteria including, but
20not necessarily limited to, the amount of oil that could be spilled
21intobegin delete marineend delete watersbegin insert of the stateend insert from the facility, the cost of cleaning
22up spilled oil, the frequency of operations at the facility, and the
23damages that could result from a spill.
24(2) The administrator may issue a certificate for a marine facility
25upon a lesser showing of financial resources for a period of not
26longer than three years if the administrator finds all of the
27following:
28(A) The marine facility was operating on January 1, 1991.
end delete
29(B) Continued operation is necessary to finance abandonment
30of the marine facility.
31(C) The financial resources the operator is able to demonstrate
32are reasonably sufficient to cover the damages from foreseeable
33spills from the facility.
34(2) The administrator shall adopt regulations to implement this
35section.
begin insertSection 8670.37.55 of the end insertbegin insertGovernment Codeend insertbegin insert is
37amended to read:end insert
(a) An owner or operator of more than one tank
39vessel, vessel carrying oil as a secondary cargo, nontank vessel,
40orbegin delete marineend delete facility shall only be required to obtain one certificate
P50 1of financial responsibility for all of those vessels andbegin delete marineend delete
2 facilities owned or operated.
3(b) If a person holds a certificate for more than one tank vessel,
4vessel carrying oil as a secondary cargo, nontank vessel, orbegin delete marineend delete
5 facility and a spill or spills occurs from one or more of those
6
vessels orbegin delete marineend delete
facilities for which the owner or operator may
7be liable for damages in an amount exceeding 5 percent of the
8financial resources reflected by the certificate, as determined by
9the administrator, the certificate shall immediately be considered
10inapplicable to any vessel orbegin delete marineend delete facility not associated with
11the spill. In that event, the owner or operator shall demonstrate to
12the satisfaction of the administrator the amount of financial ability
13required pursuant to this article, as well as the financial ability to
14pay all damages that arise or have arisen from the spill or spills
15begin delete whichend deletebegin insert thatend insert have occurred.
begin insertSection 8670.37.58 of the end insertbegin insertGovernment Codeend insertbegin insert is
17amended to read:end insert
(a) A nontank vesselbegin delete required to have a shall not enter
19contingency plan pursuant to this chapterend deletebegin delete marineend delete
20 waters of the state unless the nontank vessel owner or operator has
21provided to the administrator evidence of financial responsibility
22that demonstrates, to the administrator’s satisfaction, the ability
23to pay at least three hundred million dollars ($300,000,000) to
24cover damages caused by a spill, and the owner or operator of the
25nontank vessel has obtained a certificate of financial responsibility
26from the administrator for the nontank vessel.
27(b) Notwithstanding subdivision (a), the administrator may
28establish a lower standard of financial responsibility for a nontank
29vessel that has a carrying capacity of 6,500 barrels of oil or less,
30or for a nontank vessel that is owned and operated by California
31or a federal agency and has a carrying capacity of 7,500 barrels of
32oil or less. The standard shall be based upon the quantity of oil
33that can be carried by the nontank vessel and the risk of an oil spill
34intobegin delete marineend delete watersbegin insert of the stateend insert. The administrator shall not set a
35standard that is less than the expected cleanup costs and damages
36from an oil spill intobegin delete marineend delete watersbegin insert of the stateend insert.
37(c) The administrator may adopt regulations to implement this
38section.
begin insertSection 8670.40 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert
(a) The State Board of Equalization shall collect a
2fee in an amountbegin insert annuallyend insert determined by the administrator to be
3sufficientbegin insert to pay the reasonable regulatory costsend insert to carry out the
4purposes set forth in subdivision (e), and a reasonable reserve for
5contingencies.begin delete The annual assessment shall not exceed six and
6one-half cents ($0.065) per barrel of crude oil or petroleum
7products. Beginning January 1, 2015, the annual assessment shall
8not exceed
five cents ($0.05) per barrel of crude oil or petroleum
9productsend delete
10based on each barrel of crude oil or petroleum products, as
11described in subdivision (b)end insert.
12(b) (1) The oil spill prevention and administration fee shall be
13imposed upon a person owning crude oil at the time thatbegin insert theend insert crude
14oil is received at a marine terminalbegin insert, by any mode of delivery that
15passed over, across, under, or through waters of the state,end insert
from
16within or outside the state, and upon a person who owns petroleum
17products at the time that those petroleum products are received at
18a marine terminalbegin insert, by any mode of delivery that passed over, across,
19under, or through waters of the state,end insert from outside this state. The
20fee shall be collected by the marine terminal operator from the
21owner of the crude oil or petroleum productsbegin delete based onend deletebegin insert forend insert each
22barrel of crude oil or petroleum productsbegin delete so received by means of
23a vessel operating in, through, or across the marine waters of the
24state. In addition, an operator of a pipeline shall pay the oil spill
25prevention and administration fee for each barrel of crude oil
26originating from a production facility in marine waters and
27
transported in the state by means of a pipeline operating across,
28under, or through the marine waters of the stateend deletebegin delete Theend delete
29(2) The oil spill prevention and administration fee shall be
30imposed upon a person owning crude oil at the time the crude oil
31is received at a refinery within the state by any mode of delivery
32that passed over, across, under, or through waters of the state,
33whether from within or outside the state. The refinery shall collect
34the fee from the owner of the crude oil for each barrel of crude oil
35or petroleum products received.
36begin insert(3)end insertbegin insert end insertbegin insertTheend insert fees shall be remitted to thebegin delete boardend deletebegin insert
State Board of
37Equalizationend insert by thebegin insert owner of the crude oil or petroleum products,
38the refinery operator, or the marineend insert terminalbegin delete or pipelineend delete operator
39on the 25th day of the month based upon the number of barrels of
40crude oil or petroleum products received at abegin insert refinery orend insert marine
P52 1terminalbegin delete or transported by pipelineend delete during the preceding month.
2A fee shall not be imposed pursuant to this section with respect to
3crude oil or petroleum products if the person who would be liable
4for that fee, or responsible for its collection, establishes that the
5fee hasbegin insert
alreadyend insert been collected by abegin insert refinery or marineend insert terminal
6operator registered under this chapter or paid to thebegin delete boardend deletebegin insert State
7Board of Equalizationend insert with respect to the crude oil or petroleum
8product.
9(4) The oil spill prevention and administration fee shall not be
10collected by a marine terminal operator or refinery operator or
11imposed on the owner of crude oil or petroleum products if the fee
12has been previously collected or paid on the crude oil or petroleum
13products at another marine terminal or refinery. It shall be the
14obligation
of the marine terminal operator, refinery operator, or
15owner of crude oil or petroleum products to show that the fee has
16already been paid on the same crude oil or petroleum products.
17(2)
end delete
18begin insert(5)end insert An owner of crude oil or petroleum products is liable for
19the fee until it has been paid to thebegin delete boardend deletebegin insert State Board of
20Equalizationend insert, except that payment to abegin insert refinery operator orend insert
marine
21terminal operator registered under this chapter is sufficient to
22relieve the owner from further liability for the fee.
23(3)
end delete
24begin insert(6)end insert On or before January 20, the administrator shall annually
25prepare a plan that projects revenues and expenses over three fiscal
26years, including the current year. Based on the plan, the
27administrator shall set the fee so that projected revenues, including
28any interest, are equivalent to expenses as reflected in the current
29Budget Act and in the proposed budget submitted by the Governor.
30In setting the fee, the administrator may allow for a surplus if the
31administrator finds that revenues will be exhausted during the
32period covered
by the plan or that the surplus is necessary to cover
33possible contingencies. The administrator shall notify thebegin delete boardend delete
34begin insert State Board of Equalizationend insert of the adjusted fee rate, which shall
35be rounded to no more than four decimal places, to be effective
36the first day of the month beginning not less than 30 days from
37the date of the notification.
38(c) The moneys collected pursuant to subdivision (a) shall be
39deposited into the fund.
P53 1(d) Thebegin delete boardend deletebegin insert State Board of Equalizationend insert shall collect the fee
2and adopt
regulations for implementing the fee collection program.
3(e) The fee described in this section shall be collected solely
4for all of the following purposes:
5(1) To implement oil spill prevention programs through rules,
6regulations, leasing policies, guidelines, and inspections and to
7implement research into prevention and control technology.
8(2) To carry out studies that may lead to improved oil spill
9prevention and response.
10(3) To finance environmental and economic studies relating to
11the effects of oil spills.
12(4) To implement, install, and maintain emergency programs,
13equipment, and facilities to respond to, contain, and clean up oil
14spills and to ensure that those operations will be
carried out as
15intended.
16(5) To respond to an imminent threat of a spill in accordance
17with the provisions of Section 8670.62 pertaining to threatened
18discharges. The cumulative amount of an expenditure for this
19purpose shall not exceed the amount of one hundred thousand
20dollars ($100,000) in a fiscal year unless the administrator receives
21the approval of the Director of Finance and notification is given
22to the Joint Legislative Budget Committee. Commencing with the
231993-94 fiscal year, and each fiscal year thereafter, it is the intent
24of the Legislature that the annual Budget Act contain an
25appropriation of one hundred thousand dollars ($100,000) from
26the fund for the purpose of allowing the administrator to respond
27to threatened oil spills.
28(6)
end delete
29begin insert(5)end insert To reimburse thebegin delete boardend deletebegin insert State Board of Equalizationend insert forbegin insert its
30reasonableend insert costs incurred to implement this chapter and to carry
31out Part 24 (commencing with Section 46001) of Division 2 of the
32Revenue and Taxation Code.
33(7)
end delete
34begin insert(6)end insert Tobegin delete cover costs incurred byend deletebegin insert
fundend insert
the Oiled Wildlife Care
35Networkbegin delete established by Section 8670.37.5 for training and field begin insert pursuant to Section 8670.40.5end insert.
36collection, and search and rescue activities, pursuant to subdivision
37(g) of Section 8670.37.5end delete
38(f) The moneys deposited in the fund shall not be used for
39responding tobegin delete an oilend deletebegin insert aend insert spill.
P54 1(g) The moneys deposited in the fund shall not be used to
2provide a loan to any other fund.
3(h) This section shall become operative on January 1, 2012.
end delete
4(h) Every person who operates a refinery, a marine terminal in
5waters of the state, or a pipeline shall register with the State Board
6of Equalization, pursuant to Section 46101 of the Revenue and
7Taxation Code.
begin insertSection 8670.40.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
9to read:end insert
(a) For each fiscal year, consistent with this article,
11the administrator shall submit, as a proposed appropriation in the
12Governor’s Budget, an amount up to two million five hundred
13thousand dollars ($2,500,000) for the purpose of equipping,
14operating, and maintaining the network of oiled wildlife rescue
15and rehabilitation stations and proactive oiled wildlife search and
16collection rescue efforts established pursuant to Section 8670.37.5
17and for the support of technology development and research related
18to oiled wildlife care.
19(b) The administrator shall report to the Legislature, upon
20request, on the progress and effectiveness of the network of oiled
21wildlife rescue and rehabilitation stations established pursuant to
22Section 8670.37.5 and
the adequacy of the Oil Spill Prevention
23and Administration Fund to meet the purposes for which the
24network was established.
25(c) At the administrator’s request, the funds made available
26pursuant to this section may be directly appropriated to a suitable
27program for wildlife health and rehabilitation within a school of
28veterinary medicine within this state, if an agreement exists,
29consistent with this chapter, between the administrator and an
30appropriate representative of the program for carrying out that
31purpose. The administrator shall attempt to have an agreement in
32place at all times. The agreement shall ensure that the training of,
33and the care provided by, the program staff are at levels that are
34consistent with those standards generally accepted within the
35veterinary profession.
36(d) The funds made available pursuant to this section shall not
37be considered an offset to any
other state funds appropriated to
38the program, the program’s associated school of veterinary
39medicine, or the program’s associated college or university. The
40funds shall not be used for any other purpose. If an offset does
P55 1occur or the funds are used for an unintended purpose, the
2administrator may terminate expenditure of any funds appropriated
3pursuant to this section and the administrator may request a
4reappropriation to accomplish the intended purpose. The
5administrator shall annually review and approve the proposed
6uses of any funds made available pursuant to this section.
begin insertSection 8670.42 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
8to read:end insert
(a) Thebegin delete Department of Fish and Gameend deletebegin insert administratorend insert
10 and the State Lands Commission, independently, shall contract
11with the Department of Finance for the preparation of a detailed
12report that shall be submitted on or before January 1, 2013, and
13no less than once every four years thereafter, to the Governor and
14the Legislature on the financial basis and programmatic
15effectiveness of the state’s oil spill prevention, response, and
16preparedness program. This report shall include an analysis of all
17of the oil spill prevention, response, and preparedness program’s
18major expenditures, fees and fines collected, staffing and equipment
19levels, spills
responded to, and other relevant issues. The report
20shall recommend measures to improve the efficiency and
21effectiveness of the state’s oil spill prevention, response, and
22preparedness program, including, but not limited to, measures to
23modify existing contingency plan requirements, to improve
24protection of sensitive shoreline sites, and to ensure adequate and
25equitable funding for the state’s oil spill prevention, response, and
26preparedness program.
27(b) A report to be submitted pursuant to subdivision (a) shall
28be submitted in compliance with Section 9795.
begin insertSection 8670.47.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
30amended to read:end insert
The following shall be deposited into the fund:
32(a) The fee required pursuant to Section 8670.48.
33(b) Any federal funds received to pay for response, containment,
34abatement, and rehabilitation costs from an oil spill inbegin delete marineend delete
35 watersbegin insert of the stateend insert.
36(c) Any money borrowed by the Treasurer pursuant to Article
377.5 (commencing with Section 8670.53.1) or any draw on the
38financial security obtained by the Treasurer pursuant to
subdivision
39(o) of Section 8670.48.
40(d) Any interest earned on the moneys in the fund.
P56 1(e) Any costs recovered from responsible parties pursuant to
2Section 8670.53 and subdivision (e) of Section 8670.53.1.
begin insertSection 8670.48 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert
(a) (1) A uniform oil spill response fee in an amount
6not exceeding twenty-five cents ($0.25) for each barrel of
7petroleum products, as set by the administrator pursuant to
8subdivision (f), shall be imposed upon a person who owns
9petroleum products at the time the petroleum products are received
10at a marine terminal within this state by means of a vessel from a
11point of origin outside this state. The fee shall bebegin insert collected by the
12marine terminal andend insert remitted to the State Board of Equalization
13by the terminal operator on the 25th day of each month based upon
14the number of barrels of petroleum products received during the
15preceding month.
16(2) An owner of petroleum products is liable for the fee until it
17has been paid to the state, except that payment to a marine terminal
18operator registered under this chapter is sufficient to relieve the
19owner from further liability for the fee.
20(b) An operator of a pipeline shall also pay a uniform oil spill
21response fee in an amount not exceeding twenty-five cents ($0.25)
22for each barrel of petroleum products, as set by the administrator
23pursuant to subdivision (f), transported into the state by means of
24a pipeline operating across, under, or through thebegin delete marineend delete waters
25of the state. The fee shall be paid on the 25th day of each month
26based upon the number of barrels of petroleum products so
27transported into the state during the preceding month.
28(c) begin delete(1)end deletebegin delete end deleteAn operator of a refinery shall pay a uniform oil spill
29response fee in an amount not exceeding twenty-five cents ($0.25)
30for each barrel of crude oil, as set by the administrator pursuant
31to subdivision (f), received at a refinery within the statebegin insert by any
32method of transportend insert. The fee shall be paid on the 25th day of each
33month based upon the number of barrels of crude oil so received
34during the preceding month.
35(2) The fee shall not be imposed by a refiner, or a person or
36entity acting as an agent for a refiner, on crude oil produced by an
37independent crude oil producer as defined in paragraph (3). The
38board shall not identify a company as exempt from the fee
39requirements of this section if that company was reorganized, sold,
P57 1or otherwise modified with the intent of circumventing the
2requirements of this section.
3(3) For purposes of this chapter, “independent crude oil
4producer” means a person or entity producing crude oil within this
5state who does not refine crude oil into a product, and who does
6not possess or own a retail gasoline marketing facility.
7(d) A marine terminal operator shall pay a uniform oil spill
8response fee in an amount not exceeding twenty-five cents ($0.25),
9in accordance with subdivision (g), for each barrel of crude oil, as
10set by the administrator pursuant to subdivision (f), that is
11transported from within this state by means of abegin delete marineend delete vessel to
12a destination outside this state.
13(e) An operator of a pipeline shall pay a uniform oil spill
14response fee in an amount not exceeding twenty-five cents ($0.25),
15in accordance with subdivision (g), for each barrel of crude oil, as
16set by the administrator pursuant to subdivision (f), transported
17out of the state by pipeline.
18(f) (1) The fees required pursuant to this section shall be
19collected
during any period for which the administrator determines
20that collection is necessary for any of the following reasons:
21(A) The amount in the fund is less than or equal to 95 percent
22of the designated amount specified in subdivision (a) of Section
2346012 of the Revenue and Taxation Code.
24(B) Additional money is required to pay for the purposes
25specified in subdivision (k).
26(C) The revenue is necessary to repay a draw on a financial
27security obtained by the Treasurer pursuant to subdivision (o) or
28borrowing by the Treasurer pursuant to Article 7.5 (commencing
29with Section 8670.53.1)begin insert,end insert
including any principal, interest, premium,
30fees, charges, or costs of any kind incurred in connection with
31those borrowings or financial security.
32(2) The administrator, in consultation with the State Board of
33Equalization, and with the approval of the Treasurer, may direct
34the State Board of Equalization to cease collecting the fee when
35the administrator determines that further collection of the fee is
36not necessary for the purposes specified in paragraph (1).
37(3) The administrator, in consultation with the State Board of
38Equalization, shall set the amount of the oil spill response fees.
39The oil spill response fees shall be imposed on all feepayers in the
40same amount. The administrator shall not set the amount of the
P58 1fee at less than twenty-five cents ($0.25) for each barrel of
2petroleum products or crude oil, unless the administrator finds that
3the assessment of a
lesser fee will cause the fund to reach the
4designated amount specified in subdivision (a) of Section 46012
5of the Revenue and Taxation Code within four months. The fee
6shall not be less than twenty-five cents ($0.25) for each barrel of
7petroleum products or crude oil if the administrator has drawn
8upon the financial security obtained by the Treasurer pursuant to
9subdivision (o) or if the Treasurer has borrowed money pursuant
10to Article 7.5 (commencing with Section 8670.53.1) and principal,
11interest, premium, fees, charges, or costs of any kind incurred in
12connection with those borrowings remain outstanding or unpaid,
13unless the Treasurer has certified to the administrator that the
14money in the fund is not necessary for the purposes specified in
15paragraph (1).
16(g) The fees imposed by subdivisions (d) and (e) shall be
17imposed in any calendar year beginning the month following the
18month when the total cumulative year-to-date barrels of crude oil
19
transported outside the state by all feepayers by means of vessel
20or pipeline exceed 6 percent by volume of the total barrels of crude
21oil and petroleum products subject to oil spill response fees under
22subdivisions (a), (b), and (c) for the prior calendar year.
23(h) For purposes of this chapter, “designated amount” means
24the amounts specified in Section 46012 of the Revenue and
25Taxation Code.
26(i) The administrator, in consultation with the State Board of
27Equalization and with the approval of the Treasurer, shall authorize
28refunds of any money collected that is not necessary for the
29purposes specified in paragraph (1) of subdivision (f). The State
30Board of Equalization, as directed by the administrator, and in
31accordance with Section 46653 of the Revenue and Taxation Code,
32shall refund the excess amount of fees collected to each feepayer
33who paid the fee to the state, in proportion
to the amount that each
34feepayer paid into the fund during the preceding 12 monthly
35reporting periods in which there was a fee due, including the month
36in which the fund exceeded the specified amount. If the total
37amount of money in the fund exceeds the amount specified in this
38subdivision by 10 percent or less, refunds need not be ordered by
39the administrator. This section does not require the refund of excess
P59 1fees as provided in this subdivision more frequently than once
2each year.
3(j) The State Board of Equalization shall collect the fee and
4adopt regulations implementing the fee collection program. All
5fees collected pursuant to this section shall be deposited in the Oil
6Spill Response Trust Fund.
7(k) The fee described in this section shall be collected solely
8for any of the following purposes:
9(1) To provide
funds to cover promptly the costs of response,
10containment, and cleanup of oil spills intobegin delete marineend delete watersbegin insert of the
11stateend insert, including damage assessment costsbegin delete,end delete and wildlife
12rehabilitation as provided in Section 8670.61.5.
13(2) To cover response and cleanup costs and other damages
14suffered by the state or other persons or entities from oil spills into
15begin delete marineend delete watersbegin delete, whichend deletebegin insert
of the state thatend insert cannot otherwise be
16compensated by responsible parties or the federal government.
17(3) To pay claims for damages pursuant to Section 8670.51.
18(4) To pay claims for damages, except for damages described
19in paragraph (7) of subdivision (h) of Section 8670.56.5, pursuant
20to Section 8670.51.1.
21(5) To pay for the cost of obtaining financial security in the
22amount specified in subdivision (b) of Section 46012 of the
23Revenue and Taxation Code, as authorized by subdivision (o).
24(6) To pay indemnity and related costs and expenses as
25authorized by Section 8670.56.6.
26(7) To pay principal, interest, premium, if any, and fees, charges,
27and costs
of any kind incurred in connection with moneys drawn
28by the administrator on the financial security obtained by the
29Treasurer pursuant to subdivision (o) or borrowed by the Treasurer
30pursuant to Article 7.5 (commencing with Section 8670.53.1).
31(8) begin deleteTo pay for the costs of rescue, medical treatment, begin insert
[Reserved]end insert
32rehabilitation, and disposition of oiled wildlife, as incurred by the
33network of oiled wildlife rescue and rehabilitation stations created
34pursuant to Section 8670.37.5.end delete
35(9) To respond to an imminent threat of a spill in accordance
36with the provisions of Section 8670.62 pertaining to threatened
37discharges.
38(l) begin delete(1)end deletebegin delete end deleteThe interest that the state earns on the funds deposited
39into the Oil Spill Response Trust Fund shall be deposited in the
40fund and shall be used to maintain the fund at the designated
P60 1amount specified in subdivision (a) of Section 46012 of the
2Revenue and Taxation Code.begin delete Interest earned until July 1, 1998,
If the amount in the
3on funds deposited pursuant to subdivision (a) of Section 46012
4of the Revenue and Taxation Code, as determined jointly by the
5Controller and the Director of Finance, shall be available upon
6appropriation by the Legislature in the Budget Act to establish,
7equip, operate, and maintain the network of rescue and
8rehabilitation stations for oiled wildlife as described in Section
98670.37.5 and to support technology development and research
10related to oiled wildlife care. Interest earned on the financial
11security portion of the fund, required to be accessible pursuant to
12subdivision (b) of Section 46012 of the Revenue and Taxation
13Code shall not be available for that purpose.end delete
14fund exceeds that designated amount, the interestbegin delete not needed to shall be deposited into
15equip, operate, and maintain the network of rescue and
16rehabilitation stations, or for appropriate technology development
17and research regarding oiled wildlife care,end delete
18the Oil Spill Prevention and Administration Fund, and shall be
19available for the purposes authorized by Article 6 (commencing
20with Section 8670.38).
21(2) (A) For each fiscal year, consistent with this article, the
22administrator shall submit, as a proposed appropriation in the
23Governor’s Budget, an amount up to two million dollars
24($2,000,000) of the interest earned on the funds deposited into the
25Oil Spill Response Trust Fund for the purpose of equipping,
26operating, and maintaining the network of oiled wildlife rescue
27and rehabilitation stations and proactive oiled wildlife search and
28collection rescue efforts established pursuant to Section 8670.37.5
29and for support of technology development and research related
30to oiled wildlife care. The remaining interest, if any, shall be
31deposited into the Oil Spill Prevention and Administration Fund
32pursuant to paragraph (1).
33(B) The administrator shall report to the Legislature not later
34than June 30, 2002, on the progress and effectiveness of the
35network of oiled wildlife rescue and rehabilitation stations
36established pursuant to Section 8670.37.5, and the adequacy of
37the Oil Spill Response Trust Fund to meet the purposes for which
38it was established.
39(C) At the administrator’s request, the funds made available
40pursuant to this paragraph may be directly appropriated to a suitable
P61 1program for wildlife health and rehabilitation within a school of
2veterinary medicine within this state, provided that an agreement
3exists, consistent with this chapter, between the administrator and
4an appropriate representative of the program for carrying out that
5purpose. The administrator shall attempt to have an agreement in
6place at all times. The agreement shall ensure that the training of,
7and the care provided by, the program staff are at levels that are
8consistent with those standards generally accepted within the
9veterinary profession.
10(D) The funds made available pursuant to this paragraph shall
11not be considered an offset to any other state funds appropriated
12to the program, the program’s associated school of veterinary
13medicine, or the program’s associated college or university, and
14the funds shall not be used for any other purpose. If an offset does
15occur or the funds are used for an unintended purpose, expenditure
16of any appropriation of funds pursuant to this paragraph may be
17terminated by the administrator and the administrator may request
18a reappropriation to accomplish the intended purpose. The
19administrator shall annually review and approve the proposed uses
20of any funds made available pursuant to this paragraph.
21(m) The Legislature finds and declares that effective response
22to oil spills requires that the state have available sufficient funds
23in a response fund. The Legislature further finds and declares that
24maintenance of that fund is of utmost importance to the state and
25that the money in the fund shall be used solely for the purposes
26specified in subdivision (k).
27(n) begin deleteIt is the intent of the Legislature, in enacting this section, begin insert [Reserved]end insert
28that the fee shall not be imposed by a refiner, or a person or entity
29acting as an agent for a refiner, on crude oil produced by an
30independent crude oil producer.end delete
31(o) The Treasurer shall obtain
financial security, in the
32designated amount specified in subdivision (b) of Section 46012
33of the Revenue and Taxation Code, in a formbegin delete whichend deletebegin insert thatend insert, in the
34event of an oil spill, may be drawn upon immediately by the
35administrator upon making the determinations required by
36paragraph (2) of subdivision (a) of Section 8670.49. The financial
37security may be obtained in any of the forms described in
38subdivision (b) of Section 8670.53.3, as determined by the
39Treasurer.
P62 1(p) This section does not limit the authority of the administrator
2to raise oil spill response fees pursuant to Section 8670.48.5.
begin insertSection 8670.48.3 of the end insertbegin insertGovernment Codeend insertbegin insert is
4amended to read:end insert
(a) Notwithstanding subparagraph (A) of paragraph
6(1) of subdivision (f) of Section 8670.48, a loan or other transfer
7of money from the fund to the General Fund pursuant to the Budget
8Act that reduces the balance of the Oil Spill Response Trust Fund
9to less than or equal to 95 percent of the designated amount
10specified in subdivision (a) of Section 46012 of the Revenue and
11Taxation Code shall not obligate the administrator to resume
12collection of the oil spill response fee otherwise required by this
13article if both of the following conditions are met:
14(1) The annual Budget Act requires a transfer or loan from the
15fund to be repaid to the fund with interest calculated at a rate earned
16by the Pooled Money Investment Account as if the money had
17remained in the
fund.
18(2) The annual Budget Act requires all transfers or loans to be
19repaid to the fund on or before June 30,begin delete 2014end deletebegin insert 2017end insert.
20(b) A transfer or loan described in subdivision (a) shall be repaid
21as soon as possible if a spill occurs and the administrator
22determines that response funds are needed immediately.
23(c) If there is a conflict between this section and any other law
24or enactment, this section shall control.
25(d) This section shall remain in effect until July 1, 2014, and as
26of that date is repealed.
27(d) This section shall become inoperative on July 1, 2017, and,
28as of January 1, 2018, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2018, deletes or
30extends the dates on which it becomes inoperative and is repealed.
begin insertSection 8670.49 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32to read:end insert
(a) (1) The administrator may only expend money
34from the fund to pay for any of the following, subject to the lien
35established in Section 8670.53.2:
36(A) To pay the cost of obtaining financial security as authorized
37by paragraph (5) of subdivision (k) and subdivision (o) of Section
388670.48.
39(B) To pay the principal, interest, premium, if any, and fees,
40charges, and costs of any kind incurred in connection with moneys
P63 1drawn by the administrator on the financial security obtained by
2the Treasurer, or the moneys borrowed by the Treasurer, as
3authorized by paragraph (7) of subdivision (k) of Section 8670.48.
4(C) To pay for the construction, equipping, operation, and
5maintenance of rescue and rehabilitation facilities, and
technology
6development for oiled wildlife care from interest earned on money
7deposited in the fund as authorized by subdivision (l) of Section
88670.48.
9(D) To pay for the costs of rescue, medical treatment,
10rehabilitation, and disposition of oiled wildlife, as incurred by the
11network of oiled wildlife rescue and rehabilitation stations pursuant
12to subdivision (f) of Section 8670.37.5.
13(E)
end delete
14begin insert(C)end insert To pay for the expansion, in the VTS area, pursuant to
15Section 445 of the Harbors and Navigation Code, of the vessel
16traffic service system (VTS system) authorized pursuant to
17subdivision (f) of Section 8670.21.
18(2) If a spill has occurred, the administrator may expend the
19money in the fund for the purposes identified in paragraphs (1),
20(2), (3), (4), and (6) of subdivision (k) of Section 8670.48 only
21upon making the following determinations:
22(A) Except as authorized by Section 8670.51.1, a responsible
23party does not exist or the responsible party is unable or unwilling
24to provide adequate and timely cleanup and to pay for the damages
25resulting from the spill. The administrator shall make a reasonable
26effort to have the party responsible remove the oil or agree to pay
27for any actions resulting from the spill that may be required by
28law, provided that the efforts are not detrimental to fish, plant,
29animal, or bird life in the affected waters. The reasonable effort
30of the administrator shall include attempting to access the
31responsible parties’ insurance or other proof of financial
32
responsibility.
33(B) Sufficient federal oil spill funds are not available or will
34not be available in an adequate period of time.
35(3) Notwithstanding any other provision of this subdivision, the
36administrator may expend money from the fund for authorized
37expenditures when a reimbursement procedure is in place to receive
38reimbursements for those expenditures from federal oil spill funds.
39(b) Upon making the determinations specified in paragraph (2)
40of subdivision (a), the administrator shall immediately make
P64 1whatever payments are necessary for responding to, containing,
2or cleaning upbegin delete,end delete the spill, including any wildlife rehabilitation
3required by law and payment of claims pursuant to Sections
48670.51 and 8670.51.1, subject to the lien
established by Section
58670.53.2.
begin insertSection 8670.50 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
7to read:end insert
(a) Money from the fund may only be expended to
9cover the costs incurred by the state and local governments and
10agencies for any of the following:
11(1) Responding promptly to, containing, and cleaning up the
12discharge, if those efforts are any of the following:
13(A) Undertaken pursuant to the state and local oil spill
14contingency plans established under this chapter, and thebegin delete marine California oil spill contingency plan
15response element of theend delete
16established under Article 3.5 (commencing with Section 8574.1)
17of Chapter 7.
18(B) Undertaken consistent with the standardized emergency
19management system established pursuant to Section 8607.
20(C) Undertaken at the direction of the administrator.
21(2) Meeting the requirements of Section 8670.61.5begin delete,end delete relating to
22wildlife rehabilitation.
23(3) Making the payments authorized by subdivision (k) of
24Section 8670.48.
25(b) In the event of an oil spill, the administrator shall make
26whatever expenditures are necessary and appropriate from the fund
27to cover the costs described in subdivision (a), subject to the lien
28established pursuant to Section 8670.53.2.
begin insertSection 8670.51 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert
(a) When a person has obtained a final judgment for
32damages resulting from an oil spill inbegin delete marineend delete watersbegin insert of the stateend insert,
33but is unable, within one year after the date of its entry, to enforce
34the judgment pursuant to Title 9 (commencing with Section
35680.010) of the Code of Civil Procedure, or is unable to obtain
36satisfaction of the judgment from the federal government within
3790 additional days, the administrator shall pay an amount not to
38exceed those amountsbegin delete whichend deletebegin insert
thatend insert cannot be recovered from a
39responsible party and the fund shall be subrogated to all rights,
40claims, and causes of action that the claimant has under this
P65 1chapter, Article 3. 5 (commencing with Section 8574.1) of Chapter
27, Section 8670.61.5, and Division 7.8 (commencing with Section
38750) of the Public Resources Code.
4(b) Any person may apply to the fund for compensation for
5damages and losses suffered as a result of an oil spill inbegin delete marineend delete
6 watersbegin insert of the stateend insert under any of the following conditions:
7(1) The responsible party or parties cannot be ascertained.
8(2) A responsible party is
not liable for noneconomic damages
9caused by another.
10(3) Subdivision (i) of Section 8670.56.6 is applicable to the
11claim.
12(c) The administrator shall not approve any claim in an amount
13begin delete whichend deletebegin insert thatend insert exceeds the amount to which the person would
14otherwise be entitled pursuant to Section 8670.56.5, and shall pay
15claims from the fundbegin delete whichend deletebegin insert thatend insert are approved pursuant to this
16section.
begin insertSection 8670.53 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18to read:end insert
The Attorney General, in consultation with the
20administrator, shall undertake actions to recover all costs to the
21funds from any responsible party for an oil spill intobegin delete marineend delete waters
22begin insert of the stateend insert for which expenditures are made from the fund. The
23recovery of costs pursuant to this section shall not foreclose the
24Attorney General from any other actions allowed by law.
begin insertSection 8670.54 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
26to read:end insert
(a) The Oil Spill Technical Advisory Committee,
28hereafter in this articlebegin insert,end insert the committee, is hereby established to
29provide public input and independent judgment of the actions of
30the administrator. The committee shall consist ofbegin delete 10 end deletebegin insert 14 end insertmembers,
31of whombegin delete sixend deletebegin insert eightend insert shall be appointed by the Governor,begin delete twoend deletebegin insert
threeend insert
32
by the Speaker of the Assembly, andbegin delete twoend deletebegin insert threeend insert by the Senate Rules
33Committee. The appointments shall be made in the following
34manner:
35(1) The Speaker of thebegin delete Assembly,end deletebegin insert Assemblyend insert and Senatebegin delete Rulesend delete
36 Committeebegin insert on Rulesend insert shall each appointbegin delete membersend deletebegin insert
a memberend insert who
37shall bebegin delete representativesend deletebegin insert
a representativeend insert of the public.
38(2) The Governor shall appoint a member who has a
39demonstrable knowledge of marine transportation.
P66 1(3) The Speaker of the Assembly and the Senatebegin delete Rulesend delete
2 Committeebegin insert on Rulesend insert shall each appointbegin delete a memberend deletebegin insert two membersend insert
3 whobegin delete hasend deletebegin insert haveend insert demonstrable knowledge
of environmental protection
4and the study of ecosystems.
5(4) The Governor shall appoint a member who has served as a
6local government elected official or who has worked for a local
7government.
8(5) The Governor shall appoint a member who has experience
9in oil spill response and prevention programs.
10(6) The Governor shall appoint a member who has been
11employed in the petroleum industry.
12(7) The Governor shall appoint a member who has worked in
13state government.
14(8) The Governor shall appoint a member who has demonstrable
15knowledge of the dry cargo vessel industry.
16(9) The Governor shall appoint a member who has demonstrable
17knowledge of the railroad industry.
18(10) The Governor shall appoint a member who has
19demonstrable knowledge of the oil production industry.
20(b) The committee shall meet as often as required, but at least
21twice per year. Members shall be paid one hundred dollars ($100)
22per day for each meeting and all necessary travel expenses at state
23per diem rates.
24(c) The administrator and any personnel the administrator
25determines to be appropriate shall serve as staff to the committee.
26(d) Abegin delete chairmanend deletebegin insert
chairend insert
and vicebegin delete chairmanend deletebegin insert chairend insert shall be elected
27by a majority vote of the committee.
28(e) This section shall become operative on January 1, 2012.
end delete
begin insertSection 8670.55 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert
(a) The committee shall provide recommendations
32to the administrator, the State Lands Commission, the California
33Coastal Commission,begin delete andend delete the San Francisco Bay Conservation
34and Development Commissionbegin insert, the Division of Oil, Gas, and
35Geothermal Resources, the Office of the State Fire Marshalend insertbegin insert, and
36the Public Utilities Commission,end insert on any provision of this chapterbegin insert,end insert
37 including the promulgation of all rules, regulations, guidelines,
38and
policies.
39(b) The committee maybegin delete, at its own discretion,end delete
study, comment
40on, or evaluate,begin insert at its own discretion,end insert any aspect of oil spill
P67 1prevention and response in the state. To the greatest extent possible,
2these studies shall be coordinated with studies being done by the
3federal government, the administrator, the State Lands
4Commission, the State Water Resources Control Board, and other
5appropriate state and international entities. Duplication with the
6efforts of other entities shall be minimized.
7(c) The committee may attend any drills called pursuant to
8Sectionbegin delete 8601.10end deletebegin insert 8670.10end insert or any oil spills, if practicable.
9(d) The
committee shall report biennially to the Governor and
10the Legislature on its evaluation of oil spill response and
11preparedness programs within the state and may prepare and send
12any additional reports it determines to be appropriate to the
13Governor and the Legislature.
14(e) On or before August 1, 2005, the committee shall review
15the Department of Finance report required under Section 8670.42
16and prepare and submit to the Governor and the Legislature
17comments on the report, including, but not limited to,
18recommendations for improving the state’s oil spill prevention,
19response, and preparedness program.
20(f) This section shall become operative on January 1, 2012.
end delete
begin insertSection 8670.56.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
22amended to read:end insert
(a) A responsible party, as defined in Section
248670.3, shall be absolutely liable without regard to fault for any
25damages incurred by any injured party that arise out of, or are
26caused by a spillbegin delete or inland spillend delete.
27(b) A responsible person is not liable to an injured party under
28this section for any of the following:
29(1) Damages, other than costs of removal incurred by the state
30or a local government, caused solely by any act of war, hostilities,
31civil war, or insurrection or by an unanticipated grave natural
32disaster or other act of God of an exceptional, inevitable, and
33
irresistible character,begin delete whichend deletebegin insert
thatend insert could not have been prevented
34or avoided by the exercise of due care or foresight.
35(2) Damages caused solely by the negligence or intentional
36malfeasance of that injured party.
37(3) Damages caused solely by the criminal act of a third party
38other than the defendant or an agent or employee of the defendant.
39(4) Natural seepage not caused by a responsible party.
P68 1(5) Discharge or leaking of oil or natural gas from a private
2pleasure boat or vessel.
3(6) Damages that arise out of, or are caused by, a discharge that
4is authorized by a state or federal permit.
5(c) The defenses provided in
subdivision (b) shall not be
6available to a responsible person who fails to comply with Sections
78670.25, 8670.25.5, 8670.27, and 8670.62.
8(d) Upon motion and sufficient showing by a party deemed to
9be responsible under this section, the court shall join to the action
10any other party who may be responsible under this section.
11(e) In determining whether a party is a responsible party under
12this section, the court shall consider the results of chemical or other
13scientific tests conducted to determine whether oil or other
14substances produced, discharged, or controlled by the defendant
15matches the oil or other substance that caused the damage to the
16injured party. The defendant shall have the burden of producing
17the results of tests of samples of the substance that caused the
18injury and of substances for which the defendant is responsible,
19unless it is not possible to conduct the
tests because of
20unavailability of samples to test or because the substance is not
21one for which reliable tests have been developed. At the request
22of a party, any other party shall provide samples of oil or other
23substances within its possession or control for testing.
24(f) The court may award reasonable costs of the suit,begin delete attorneys’end delete
25begin insert attorney’send insert fees, and the costs of necessary expert witnesses to a
26prevailing plaintiff. The court may award reasonable costs of the
27suit andbegin delete attorneys’end deletebegin insert attorney’send insert fees to a prevailing defendant if the
28court finds that the plaintiff
commenced or prosecuted the suit
29begin delete underend deletebegin insert pursuant toend insert
this section in bad faith or solely for purposes
30of harassing the defendant.
31(g) This section does not prohibit a person from bringing an
32action for damages caused by oil or by exploration, under any
33other provision or principle of law, including, but not limited to,
34common law. However, damages shall not be awarded pursuant
35to this section to an injured party for loss or injury for which the
36party is or has been awarded damages under any other provision
37or principle of law. Subdivision (b) does not create a defense not
38otherwise available regarding an action brought under any other
39provision or principle of law, including, but not limited to, common
40law.
P69 1(h) Damages for which responsible parties are liable under this
2section include the following:
3(1) All costs of response, containment, cleanup,
removal, and
4treatment, including, but not limited to, monitoring and
5administration costs incurred pursuant to the California oil spill
6contingency plan or actions taken pursuant to directions by the
7administrator.
8(2) Injury to, or economic losses resulting from destruction of
9or injury to, real or personal property, which shall be recoverable
10by any claimant who has an ownership or leasehold interest in
11property.
12(3) Injury to, destruction of or loss of, natural resources,
13including, but not limited to, the reasonable costs of rehabilitating
14wildlife, habitat, and other resources and the reasonable costs of
15assessing that injury, destruction, or loss, in an action brought by
16the state, a county, city, or district. Damages for the loss of natural
17resources may be determined by any reasonable method, including,
18but not limited to, determination according to the costs of restoring
19
the lost resource.
20(4) Loss of subsistence use of natural resources, which shall be
21recoverable by a claimant who so uses natural resources that have
22been injured, destroyed, or lost.
23(5) Loss of taxes, royalties, rents, or net profit shares caused by
24the injury, destruction, loss, or impairment of use of real property,
25personal property, or natural resources.
26(6) Loss of profits or impairment of earning capacity due to the
27injury, destruction, or loss of real property, personal property, or
28natural resources, which shall be recoverable by any claimant who
29derives at least 25 percent of his or her earnings from the activities
30that utilize the property or natural resources, or, if those activities
31are seasonal in nature, 25 percent of his or her earnings during the
32applicable season.
33(7) Loss of use and enjoyment of natural resources, public
34beaches, and other public resources or facilities, in an action
35brought by the state, a county, city, or district.
36(i) Except as provided in Section 1431.2 of the Civil Code,
37liability under this section shall be joint and several. However, this
38section does not bar a cause of action that a responsible party has
39or would have, by reason of subrogation or otherwise, against a
40person.
P70 1(j) This section does not apply to claims for damages for
2personal injury or wrongful death, and does not limit the right of
3a person to bring an action for personal injury or wrongful death
4begin delete underend deletebegin insert pursuant toend insert
any provision or principle of law.
5(k) Payments made by a responsible party to cover liabilities
6arising from a discharge of oil, whether under this division or any
7other provision of federal, state, or local law, shall not be charged
8against royalties, rents, or net profits owed to the United States,
9the state, or any other public entity.
10(l) An action that a private or public individual or entity may
11have against a responsible party under this section may be brought
12directly by the individual or entity or by the state on behalf of the
13individual or entity. However, the state shall not pursue an action
14on behalf of a private individual or entity that requests the state
15not to pursue that action.
16(m) Forbegin delete theend delete
purposes of this section, “vessels” means vessels
17as defined in Section 21 of the Harbors and Navigation Code.
begin insertSection 8670.56.6 of the end insertbegin insertGovernment Codeend insertbegin insert is
19amended to read:end insert
(a) (1) Except as provided in subdivisions (b) and
21(d), and subject to subdivision (c),begin delete noend deletebegin insert aend insert person, including, but not
22limited to, an oil spill cooperative, its agents, subcontractors, or
23employees, shallbegin insert notend insert be liable under this chapter or the laws of the
24state to any person for costs, damages, or other claims or expenses
25as a result of actions taken or omitted in good faith in the course
26of rendering care, assistance, or advice in accordance with the
27National
Contingency Plan, the California oil spill contingency
28plan, or at the direction of the administrator, onsite coordinator,
29or the Coast Guard in response to a spill or threatened spillbegin delete of oilend delete.
30(2) The qualified immunity under this section shall not apply
31to any oil spill response action that is inconsistent with the
32following:
33(A) The directions of the unified command, consisting of at
34least the Coast Guard and the administrator.
35(B) In the absence of a unified command, the directions of the
36administrator pursuant to Section 8670.27.
37(C) In the absence of directions pursuant to subparagraph (A)
38or (B), applicable oil spill contingency plans implemented under
39this
division.
P71 1(3) Nothing in this section shall, in any manner or respect, affect
2or impair any cause of action against or any liability of any person
3or persons responsible for the spill, for the discharged oil, or for
4the vessel, terminal, pipeline, or facility from which the oil was
5discharged. The responsible person or persons shall remain liable
6for any and all damages arising from the discharge, including
7damages arising from improperly carried out response efforts, as
8otherwise provided by law.
9(b) Nothing in this section shall, in any manner or respect, affect
10or impair any cause of action against or any liability of any party
11or parties responsible for the spill, or the responsible party’s agents,
12employees, or subcontractors, except persons immunized under
13subdivision (a) for response efforts, for the discharged oil, or for
14the vessel, terminal, pipeline, orbegin delete marineend delete
facility from which the
15oil was discharged.
16(c) The responsible party or parties shall be subject to both of
17the following:
18(1) Notwithstanding subdivision (b) or (i) of Section 8670.56.5,
19or any otherbegin delete provision ofend delete law, be strictly and jointly and severally
20liable for all damages arising pursuant to subdivision (h) of Section
218670.56.5 from the response efforts of its agents, employees,
22subcontractors, or an oil spill cooperative of which it is a member
23or with which it has a contract or other arrangement for cleanup
24of its oil spills, unless it would have a defense to the original spill.
25(2) Remain strictly liable for any and all damages arising from
26the response efforts of a person other than a person specified in
27
paragraph (1).
28(d) Nothing in this section shall immunize a cooperative or any
29other person from liability for acts of gross negligence or willful
30misconduct in connection with the cleanup of a spill.
31(e) This section does not apply to any action for personal injury
32or wrongful death.
33(f) As used in this section, a “cooperative” means an
34organization of private personsbegin delete whichend deletebegin insert thatend insert is established for the
35primary purpose and activity of preventing or rendering care,
36assistance, or advice in response to a spill or threatened spill.
37(g) Except for the responsible party,
membership in a
38cooperative shall notbegin delete, in and of itself,end delete
be groundsbegin insert, in and of itself,end insert
39 for liability resulting from cleanup activities of the cooperative.
P72 1(h) For purposes of this section, there shall be a rebuttable
2presumption that an act or omission described in subdivision (a)
3was taken in good faith.
4(i) In any situation in which immunity is granted pursuant to
5subdivision (a) and a responsible party is not liable, is not liable
6for noneconomic damages caused by another, or is partially or
7totally insolvent, the fund provided for in Article 7 (commencing
8with Section 8670.46) shallbegin delete, in accordance with its terms,end delete
9 reimbursebegin insert, in accordance with its
terms,end insert
claims of any injured
10party for which a person who is granted immunity pursuant to this
11section would otherwise be liable.
12(j) (1) The immunity granted by this section shall only apply
13to response efforts that are undertaken after the administrator
14certifies that contracts with qualified and responsible persons are
15in place to ensure an adequate and expeditious response to any
16foreseeable oil spill that may occur inbegin delete marineend delete
watersbegin insert of the stateend insert
17 for which the responsible party (A) cannot be identified or (B) is
18unable or unwilling to respond, contain, and clean up the oil spill
19in an adequate and timely manner. In negotiating these contracts,
20the administrator shallbegin delete, to the maximum extent practicable,end delete procurebegin insert,
21to the maximum extent practicable,end insert the services of persons who
22are willing to respond to oil spills with no, or lesser, immunity
23than that conferred by this section, but, in no event, a greater
24immunity. The administrator shall make the certification required
25by this subdivision on an annual basis. Upon certification, the
26immunity conferred by this section shall apply to all response
27efforts undertaken during the
calendar year to which the
28certification applies. In the absence of the certification required
29by this subdivision, the immunity conferred by this section shall
30not attach to any response efforts undertaken by any person in
31begin delete marineend delete
watersbegin insert of the stateend insert.
32(2) In addition to the authority to negotiate contracts described
33in paragraph (1), the administrator may also negotiate and enter
34into indemnification agreements with qualified and financially
35responsible persons to respond to oil spills that may occur inbegin delete marineend delete
36
watersbegin insert of the stateend insert for which the responsible party (A) cannot be
37identified or (B) is unable or unwilling to respond, contain, and
38clean up the oil spill in an adequate and timely manner.
39(3) The administrator may indemnify response contractors for
40(A) all damages payable by means of settlement or judgment that
P73 1arise from response efforts to which the immunity conferred by
2this section would otherwise apply, and (B) reasonably related
3legal costs and expenses incurred by the responder, provided that
4indemnification shall only apply to response efforts undertaken
5after the expiration of any immunity that may exist as the result
6of the contract negotiations authorized in this subdivision. In
7negotiating these contracts, the administrator shallbegin delete, to the maximum
procurebegin insert, to the maximum extent practicable,end insert
8extent practicable,end delete
9 the services of persons who are willing to respond to oil spills with
10no, or as little, right to indemnification as possible. All
11indemnification shall be paid by the administrator from the Oil
12Spill Response Trust Fund.
13(4) (A) The contracts required by this section, and any other
14contracts entered into by the administrator for response,
15containment, or cleanup of an existing spill,begin insert or for response of an
16imminent threat of a spill,end insert the payment of which is to be made
17from the Oil Spill Response Trust Fund created pursuant to Section
188670.46,begin delete or for response to an imminent threat of a spill, the
19payment of which is to be made out of the Oil Spill Prevention
20and Administration Fund created pursuant to Section 8670.38,end delete
21
shall be exempt from Part 2 (commencing with Section 10100) of
22Division 2 of the Public Contract Code and Article 6 (commencing
23with Section 999) of Chapter 6 of Division 4 of the Military and
24Veterans Code.
25(B) The exemption specified in subparagraph (A) applies only
26to contracts for which the services are used for a period of less
27than 90 days, cumulatively, per year.
28(C) This paragraph shall not be construed as limiting the
29administrator’s authority to exercise the emergency powers granted
30pursuant to subdivision (c) of Section 8670.62, including the
31authority to enter into emergency contracts that are exempt from
32approval by the Department of General Services.
33(k) (1) With regard to a person who is regularly engaged in the
34business of responding to oil spills, the immunity
conferred by
35this section shall not apply to any response efforts by that person
36that occur later than 60 days after the first day the person’s response
37efforts commence.
38(2) Notwithstanding the limitation contained in paragraph (1),
39the administrator maybegin delete, upon making all the following findings,end delete
40 extendbegin insert, upon making all the following findings,end insert the period of time,
P74 1not to exceed 30 days, during which the immunity conferred by
2this section applies to response efforts:
3(A) Due to inadequate or incomplete containment and
4stabilization, there exists a substantial probability that the size of
5the spill will significantly expand and (i) threaten previously
6uncontaminatedbegin delete marine or landend delete
resources, (ii) threaten already
7contaminatedbegin delete marine or landend delete resources with substantial additional
8contamination, or (iii) otherwise endanger the public health and
9safety or harm the environment.
10(B) The remaining work is of a difficult or perilous nature that
11extension of the immunity is clearly in the public interest.
12(C) No other qualified and financially responsible contractor is
13prepared and willing to complete the response effort in the absence
14of the immunity, or a lesser immunity, as negotiated by contract.
15(3) The administrator shall provide five days’ notice of his or
16her proposed decision to either extend, or not extend, the immunity
17conferred by this section. Interested parties shall be given an
18opportunity
to present oral and written evidence at an informal
19hearing. In making his or her proposed decision, the administrator
20shall specifically seek and consider the advice of the relevant Coast
21Guard representative. The administrator’s decision to not extend
22the immunity shall be announced at least 10 working days before
23the expiration of the immunity to provide persons an opportunity
24to terminate their response efforts as contemplated by paragraph
25(4).
26(4) begin deleteNoend deletebegin insert Aend insert person or their agents, subcontractors, or employees
27shallbegin insert notend insert incur any liability under this chapter or any other
28provision of law solely as a result of that person’s decision to
29terminate their
response efforts because of the expiration of the
30immunity conferred by this section. A person’s decision to
31terminate response efforts because of the expiration of the
32immunity conferred by this section shall not in any manner impair,
33curtail, limit, or otherwise affect the immunity conferred on the
34person with regard to the person’s response efforts undertaken
35during the period of time the immunity applied to those response
36efforts.
37(5) The immunity granted under this section shall attach, without
38the limitation contained in this subdivision, to the response efforts
39of any person who is not regularly engaged in the business of
40responding to oil spills. A person who is not regularly engaged in
P75 1the business of responding to oil spills includes, but is not limited
2to, (A) a person who is primarily dedicated to the preservation and
3rehabilitation of wildlife and (B) a person who derives his or her
4livelihood primarily from fishing.
5(l) As used in this section, “response efforts” means rendering
6care, assistance, or advice in accordance with the National
7Contingency Plan, the California oil spill contingency plan, or at
8the direction of the administrator,begin delete onsite coordinator,end deletebegin insert United States
9Environmental Protection Agency,end insert or the Coast Guard in response
10to a spill or threatened spill intobegin delete marineend delete watersbegin insert of the stateend insert.
begin insertSection 8670.61.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
12amended to read:end insert
(a) For purposes of this chapter, “wildlife
14rehabilitation” means those actions that are necessary to fully
15mitigate for the damagebegin insert from a spillend insert caused to wildlife, fisheries,
16wildlife habitat, and fisheries habitatbegin delete, including beaches, from a .
17spill or inland spillend delete
18(b) Responsible parties shall fully mitigate adverse impacts to
19wildlife, fisheries, wildlife habitat, and fisheries habitat. Full
20mitigation shall be provided by successfully carrying out
21environmental projects or funding restoration activities required
22by the administrator in carrying out projects complying
with the
23requirements of this section. Responsible parties are also liable
24for the costs incurred by the administrator or other government
25agencies in carrying out this section.
26(c) If any significant wildlife rehabilitation is necessary, the
27administrator may require the responsible party to prepare and
28submit to the administrator, and to implement, a wildlife
29rehabilitation plan. The plan shall describe the actions that will be
30implemented to fully meet the requirements of subdivision (b),
31describe contingency measures that will be carried out in the event
32that any of the plan actions are not fully successful, provide a
33reasonable implementation schedule, describe the monitoring and
34compliance program, and provide a financing plan. The
35administrator shall review and determine whether to approve the
36plan within 60 days of submittal. Before approving a plan, the
37administrator shall first find that the implementation of the plan
38will fully
mitigate the adverse impacts to wildlife, fisheries, wildlife
39habitat, and fisheries habitat. If the habitat contains beaches that
40are or were used for recreational purposes, the Department of Parks
P76 1and Recreation shall review the plan and provide comments to the
2administrator.
3(d) The plan shall place first priority on avoiding and minimizing
4any adverse impacts. For impacts that do occur, the plan shall
5provide for full onsite restoration of the damaged resource to the
6extent feasible. To the extent that full onsite restoration is not
7feasible, the plan shall provide for offsite in-kind mitigation to the
8extent feasible. To the extent that adverse impacts still have not
9been fully mitigated, the plan shall provide for the enhancement
10of other similar resources to the extent necessary to meet the
11requirements of subdivision (b). In evaluating whether a wildlife
12rehabilitation plan is adequate, the administrator may use the
13habitat evaluationbegin insert
methods orend insert
procedures established by the United
14States Fish and Wildlife Service or any other reasonable methods
15as determined by thebegin delete Director ofend deletebegin insert Department ofend insert Fish andbegin delete Gameend delete
16begin insert Wildlifeend insert.
17(e) The administrator shall prepare regulations to implement
18this section. The regulations shall include deadlines for the
19submittal of plans. In establishing the deadlines, the administrator
20shall consider circumstances such as the size of the spill and the
21time needed to assess damage and mitigation.
begin insertSection 8670.62 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert
(a) Any person who discharges oil intobegin delete marineend delete waters
25begin insert of the stateend insert, upon order of the administrator, shall do all of the
26following:
27(1) Clean up the oil.
28(2) Abate the effects of the discharge.
29(3) In the case of a threatened discharge, take other necessary
30remedial action.
31(b) Upon failure of any person to comply with a cleanup or
32abatement
order, the Attorney General or a district attorney, at the
33request of the administrator, shall petition the superior court for
34that county for the issuance of an injunction requiring the person
35to comply with the order. In anybegin delete suchend delete suit, the court shall have
36jurisdiction to grant a prohibitory or mandatory injunction, either
37preliminary or permanent, as the facts may warrant.
38(c) Consistent with the state contingency plan, the administrator
39may expend available money to perform any response;
40containment; cleanup; wildlife rehabilitation, which includes
P77 1assessment of resource injuries and damages, or remedial work
2required pursuant to subdivision (a)begin delete whichend deletebegin insert thatend insert, in the
3
administrator’s judgment, is required by the circumstances or the
4urgency of prompt action required to prevent pollution, nuisance,
5or injury to the environment of the state. The action may be taken
6in default of, or in addition to, remedial work by the responsible
7party or other persons, and regardless of whether injunctive relief
8is sought. The administrator may perform the work in cooperation
9with any other governmental agency, and may use rented tools or
10equipment, either withbegin insert
or withoutend insert operators furnishedbegin delete or . Notwithstanding any other
11unoperatedend deletebegin delete provisions ofend delete law, the
12administrator may enter into oral contracts for the work, and the
13contracts, whether written or oral, may include provisions for
14equipment rental and the furnishing of labor and materials
15necessary to accomplish the work. The contracts shall be exempt
16from Part 2 (commencing with Section 10100) of Division 2 of
17the Public Contract Code and Article 6 (commencing with Section
18999) of Chapter 6 of Division 4 of the Military and Veterans Code.
19(d) If the discharge is cleaned up, or attempted to be cleaned
20up, the effects thereof abated, or, in the case of threatened pollution
21or nuisance, other necessary remedial action is taken by any
22governmental
agency, the person or persons who discharged the
23waste, discharged the oil, or threatened to cause or permit the
24discharge of the oil within the meaning of subdivision (a)begin delete,end delete shall
25be liable to that governmental agency for the reasonable costs
26actually incurred in cleaning up that waste, abating the effects
27thereof, or taking other remedial action. The amount of the costs
28shall be recoverable in a civil action by, and paid to, the applicable
29governmental agency and the administrator, to the extent the
30administrator contributed to the cleanup costs from the Oil Spill
31Response Trust Fund or other available funds.
32(e) If, despite reasonable effort by the administrator to identify
33the party responsible for the discharge of oil or the condition of
34pollution or nuisance, the person is not identified at the time
35cleanup, abatement, or remedial work must be performed, the
36
administrator shall not be required to issue an order under this
37section. The absence of a responsible party shall not in any way
38limit the powers of the administrator under this section.
39(f) begin delete“Threaten,” for purposes of this section,end deletebegin insert For purposes of this
40section, “threatenend insertbegin insert”end insert means a condition creating a substantial
P78 1probability of harm, when the probability and potential extent of
2harm makes it reasonably necessary to take immediate action to
3prevent, reduce, or mitigate damages to persons, property, or
4natural resources.
begin insertSection 8670.64 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6to read:end insert
(a) A person who commits any of the following actsbegin delete,end delete
8 shall, upon conviction, be punished by imprisonment in a county
9jail for not more than one year or by imprisonment pursuant to
10subdivision (h) of Section 1170 of the Penal Code:
11(1) Except as provided in Section 8670.27, knowingly fails to
12follow the direction or orders of the administrator in connection
13with an oil spill.
14(2) Knowingly fails to notify the Coast Guard that a vessel is
15disabled within one hour of the disability and the vessel, while
16disabled, causes a discharge of oilbegin delete whichend deletebegin insert
thatend insert enters marine waters.
17Forbegin delete theend delete
purposes of this paragraph, “vessel” means a vessel, as
18defined in Section 21 of the Harbors and Navigation Code, of 300
19grossbegin delete registeredend delete tons or more.
20(3) Knowingly engages in or causes the discharge or spill of oil
21intobegin delete marineend delete watersbegin insert of the stateend insert, or a person who reasonably should
22have known that he or she was engaging in or causing the discharge
23or spill of oil intobegin delete marineend delete watersbegin insert of the stateend insert, unless the discharge
24is authorized by the United States, the state, or
another agency
25with appropriate jurisdiction.
26(4) Knowingly fails to begin cleanup, abatement, or removal of
27spilled oil as required in Section 8670.25.
28(b) The court shall also impose upon a person convicted of
29violating subdivision (a), a fine of not less than five thousand
30dollars ($5,000) or more than five hundred thousand dollars
31($500,000) for each violation. For purposes of this subdivision,
32each day or partial day that a violation occurs is a separate
33violation.
34(c) (1) A person who knowingly does any of the acts specified
35in paragraph (2) shall, upon conviction, be punished by a fine of
36not less than two thousand five hundred dollars ($2,500) or more
37than two hundred fifty thousand dollars ($250,000), or by
38imprisonment in a county jail for not more than one year, or by
39both the fine
and imprisonment. Each day or partial day that a
40violation occurs is a separate violation. If the conviction is for a
P79 1second or subsequent violation of this subdivision, the person shall
2be punished by imprisonment pursuant to subdivision (h) of Section
31170 of the Penal Code, or in a county jail for not more than one
4year, or by a fine of not less than five thousand dollars ($5,000)
5or more than five hundred thousand dollars ($500,000), or by both
6that fine and imprisonment:
7(2) The acts subject to this subdivision are all of the following:
8(A) Failing to notify the Office of Emergency Services in
9violation of Section 8670.25.5.
10(B) Knowingly making a false or misleadingbegin delete marineend delete oil spill
11report to the Office of Emergency
Services.
12(C) Continuing operations for which an oil spill contingency
13plan is required without an oil spill contingency plan approved
14pursuant to Article 5 (commencing with Section 8670.28).
15(D) Except as provided in Section 8670.27, knowingly failing
16to follow the material provisions of an applicable oil spill
17contingency plan.
begin insertSection 8670.66 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert
(a) Any person who intentionally or negligently does
21any of the following acts shall be subject to a civil penalty for a
22spill of not less than fifty thousand dollars ($50,000) or more than
23one million dollars ($1,000,000),begin delete or for an inland spill not to exceed for each violation, and each day
24fifty thousand dollars ($50,000),end delete
25or partial day that a violation occurs is a separate violation:
26(1) Except as provided in Section 8670.27, fails to follow the
27direction or orders of the administrator in connection with a spill
28or inland spill.
29(2) Fails to notify the Coast Guard that a
vessel is disabled
30within one hour of the disability and the vessel, while disabled,
31causes a spill that entersbegin delete marineend delete watersbegin insert of the stateend insert. Forbegin delete theend delete
32 purposes of this paragraph, “vessel” means a vessel, as defined in
33Section 21 of the Harbors and Navigation Code, of 300 gross
34begin delete registeredend delete tons or more.
35(3) Is responsible for a spillbegin delete or inland spillend delete, unless the discharge
36is authorized by the United States, the state, or other agency with
37appropriate jurisdiction.
38(4) Fails to begin cleanup, abatement, or removal of oil as
39required in Section 8670.25.
P80 1(b) Except as provided in subdivision (a), any person who
2intentionally or negligently violates any provision of this chapter,
3or Division 7.8 (commencing with Section 8750) of the Public
4Resources Code, or any permit, rule, regulation, standard, or
5requirement issued or adopted pursuant to those provisions, shall
6be liable for a civil penalty not to exceed two hundred fifty
7thousand dollars ($250,000) for each violation of a separate
8provision, or, for continuing violations, for each day that violation
9continues.
10(c) begin deleteNo end deletebegin insertA end insertperson shallbegin insert
notend insert be liable for a civil penalty imposed
11under this section and for a civil penalty imposed pursuant to
12Section 8670.67 for the same act or failure to act.
begin insertSection 8670.67 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14to read:end insert
(a) Any person who intentionally or negligently does
16any of the following acts shall be subject to an administrative civil
17penalty for a spill not to exceed two hundred thousand dollars
18($200,000),begin delete or for an inland spill not to exceed fifty thousand for each violation as imposed by the
19dollars ($50,000),end delete
20administrator pursuant to Section 8670.68, and each day or partial
21day that a violation occurs is a separate violation:
22(1) Except as provided in Section 8670.27, fails to follow the
23applicable contingency plans or the direction or orders of the
24administrator in connection with a spill or inland spill.
25(2) Fails to
notify the Coast Guard that a vessel is disabled
26within one hour of the disability and the vessel, while disabled,
27causes a discharge that entersbegin delete marineend delete watersbegin insert of the stateend insert or inland
28waters. Forbegin delete theend delete purposes of this paragraph, “vessel” means a vessel,
29as defined in Section 21 of the Harbors and Navigation Code, of
30300 grossbegin delete registeredend delete tons or more.
31(3) Is responsible for a spillbegin delete or inland spillend delete, unless the discharge
32is authorized by the United States, the state, or other agency with
33appropriate
jurisdiction.
34(4) Fails to begin cleanup, abatement, or removal of spilled oil
35as required by Section 8670.25.
36(b) Except as provided in subdivision (a), any person who
37intentionally or negligently violates any provision of this chapter,
38or Division 7.8 (commencing with Section 8750) of the Public
39Resources Code, or any permit, rule, regulation, standard, cease
40and desist order, or requirement issued or adopted pursuant to
P81 1those provisions, shall be liable for an administrative civil penalty
2as imposed by the administrator pursuant to Section 8670.68, not
3to exceed one hundred thousand dollars ($100,000) for each
4violation of a separate provision, or, for continuing violations, for
5each day that violation continues.
6(c) begin deleteNoend deletebegin insert
Aend insert person shallbegin insert notend insert be liable for a civil penalty imposed
7under this section and for a civil penalty imposed pursuant to
8Section 8670.66 for the same act or failure to act.
begin insertSection 8670.67.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
10amended to read:end insert
(a) Any person who without regard to intent or
12negligence causes or permits a spillbegin delete or inland spillend delete shall be strictly
13liable civilly in accordance with subdivision (b) or (c).
14(b) A penalty may be administratively imposed by the
15administrator in accordance with Section 8670.68begin delete in an amount in an amount not to exceed twenty dollars ($20)
16not to exceed ten dollars ($10) per gallon of oil released for an
17inland spill, andend delete
18per gallon for a spill. The amount of the penalty shall be reduced
19for every gallon of released oil that is recovered and properly
20disposed
of in accordance with applicable law.
21(c) Whenever the release of oil resulted from gross negligence
22or reckless conduct, the administrator shall, in accordance with
23Section 8670.68, impose a penaltybegin delete in the amount
of thirty dollars
24($30) per gallon of oil released for an inland spill, andend delete
25not to exceed sixty dollars ($60)begin insert per gallonend insert for a spill. The amount
26of the penalty shall be reduced for every gallon of released oil that
27is recovered and properly disposed of in accordance with applicable
28law.
29(d) The administrator shall adopt regulations governing the
30method for determining the amount of oil that is cleaned up.
begin insertSection 8670.69.4 of the end insertbegin insertGovernment Codeend insertbegin insert is
32amended to read:end insert
(a) When the administrator determines that any
34person has undertaken, or is threatening to undertake, any activity
35or procedure that (1) requires a permit, certificate, approval, or
36authorization under this chapter, without securing a permit,begin insert end insert
37begin insertcertificate, approval, or authorization,end insert or (2) is inconsistent with
38any of the permits, certificates, rules, regulations, guidelines, or
39authorizationsbegin delete,end delete previously issued or adopted by the administrator,
40or (3) threatens to cause or substantially
increases the risk of
P82 1unauthorized discharge of oil into thebegin delete marineend delete waters of the state,
2the administrator may issue an order requiring that person to cease
3and desist.
4(b) Any cease and desist order issued by the administrator may
5be subject tobegin delete suchend delete terms and conditions as the administrator may
6determine are necessary to ensure compliance with this division.
7(c) Any cease and desist order issued by the administrator shall
8become null and void 90 days after issuance.
9(d) A cease and desist order issued by the administrator shall
10be effective upon the issuance thereof, and copies shall be served
11immediately by certified mail upon the person or
governmental
12agency being charged with the actual or threatened violation.
13(e) Any cease and desist order issued by the administrator shall
14be consistent with subdivision (a) of Section 8670.27.
begin insertSection 8670.69.7 of the end insertbegin insertGovernment Codeend insertbegin insert is
16repealed.end insert
All penalties collected under this article for inland
18spills shall be deposited into the Fish and Wildlife Pollution
19Account in the Fish and Game Preservation Fund and be available
20for expenditure in accordance with Section 12017 of the Fish and
21Game Code.
begin insertSection 8670.71 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert
(a) The administrator shall fund only those projects
25approved by the Environmental Enhancement Committee.
26(b) Forbegin delete theend delete purposes of this article, an enhancement project is
27a project that acquires habitat for preservation, or improves habitat
28quality and ecosystem function above baseline conditions, and that
29meets all of the following requirements:
30(1) Is located within or immediately adjacent tobegin delete California watersbegin insert
of the stateend insert, as defined in
31marineend deletebegin delete subdivision (i)
ofend delete
328670.3.
33(2) Has measurable outcomes within a predetermined timeframe.
34(3) Is designed to acquire, restore, or improve habitat or restore
35ecosystem function, or both, to benefit fish and wildlife.
begin insertSection 8670.95 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
37to read:end insert
If any provision of this chapter or the application
39thereof to any person or circumstances is held invalid, that
40invalidity shall not affect other provisions or applications of the
P83 1chapter that can be given effect without the invalid provision or
2application, and to this end the provisions of this chapter are
3severable.
begin insertSection 449 of the end insertbegin insertHarbors and Navigation Codeend insertbegin insert is
5amended to read:end insert
(a) The marine exchange and its officers and directors
7are subject to Section 5047.5 of the Corporations Code to the extent
8that the marine exchange meets the criteria specified in that section.
9(b) Nothing in this section shall be deemed to include the marine
10exchange or its officers, directors, employees, or representatives
11within the meaning of “responsible party” as defined inbegin delete subdivision Section 8670.3 of the Government Code and subdivision
12(q) ofend delete
13(p) of Section 8750 of the Public Resources Code for the purposes
14of the Lempert-Keene-Seastrand Oil Spill Prevention and Response
15Act (Article 3.5 (commencing with Section 8574.1) of Chapter 7
16
and Chapter 7.4 (commencing with Section 8670.1) of Division 1
17of Title 2 of the Government Code and Division 7.8 (commencing
18with Section 8750) of the Public Resources Code).
begin insertSection 46002 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
20amended to read:end insert
The collection and administration of the fees referred
22to in Sections 46051 and 46052 shall be governed by the definitions
23contained in Chapter 7.4 (commencing with Section 8670.1) of
24Division 1 of Title 2 of the Government Codebegin delete, unless expressly begin insert andend insert this part.
25otherwise provided by the definitions contained inend delete
begin insertSection 46006 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
27amended to read:end insert
“Administrator” means thebegin delete chief deputy director of the begin insert personend insert appointed by the Governor
29Department of Fish and Gameend delete
30pursuant to Section 8670.4 of the Government Codebegin insert to implement
31the Lempert-Keene-Seastrand Oil Spill Prevention and Response
32Act end insertbegin insert(Chapter 7.4 (commencing with Section 8670.1) of Division 1
33of Title 2 of the Government Code)end insert.
begin insertSection 46007 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
35amended to read:end insert
“Barges” meansbegin delete any relatively flat-bottomed, begin insert vessels
37waterborne vessel which is propelled by being pulled or pushed
38by another vessel, and is constructed or adapted to carry crude oil
39or petroleum products in commercial quantities as cargoend delete
P84 1that carry oil in commercial quantities as cargo but are not
2equipped with a means of self-propulsionend insert.
begin insertSection 46008 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
4repealed.end insert
“Barrel” means 42 gallons of crude oil or petroleum
6products.
begin insertSection 46010 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
8amended to read:end insert
“Crude oil” means petroleum in an unrefined or natural
10state, including condensate and natural gasolinebegin insert, and including
11substances that enhance, cut, thin, or reduce end insertbegin insertviscosityend insert.
begin insertSection 46011 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
13repealed.end insert
“Discharge” means any release of at least one barrel of
15oil into marine waters which is not authorized by any federal, state,
16or local government entity.
begin insertSection 46011 is added to the end insertbegin insertRevenue and Taxation
18Codeend insertbegin insert, to read:end insert
(a) “Facility” means any of the following located in
20state waters or located where an oil spill may impact state waters:
21(1) A building, structure, installation, or equipment used in oil
22exploration, oil well drilling operations, oil production, oil refining,
23oil storage, oil gathering, oil processing, oil transfer, oil
24distribution, or oil transportation.
25(2) A marine terminal.
26(3) A pipeline that transports oil.
27(4) A railroad that transports oil as cargo.
28(5) A drill ship, semisubmersible
drilling platform, jack-up type
29drilling rig, or any other floating or temporary drilling platform.
30(b) “Facility” does not include any of the following:
31(1) A vessel, except a vessel located and used for any purpose
32described in paragraph (5) of subdivision (a).
33(2) An owner or operator subject to Chapter 6.67 (commencing
34with Section 25270) of or Chapter 6.75 (commencing with Section
3525299.10) of Division 20 of the Health and Safety Code.
36(3) Operations on a farm, nursery, logging site, or construction
37site that are either of the following:
38(A) Do not exceed 20,000 gallons in a single storage tank.
39(B) Have a useable tank
storage capacity not exceeding 75,000
40gallons.
P85 1(4) A small craft refueling dock.
begin insertSection 46013 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
3amended to read:end insert
“Feepayer” means any personbegin delete who may beend delete liable for
5the payment of a fee imposed by either Section 8670.40 or 8670.48
6of the Government Code.
begin insertSection 46014 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
8repealed.end insert
“Independent crude oil producer” means any person or
10entity producing crude oil within this state who does not refine
11crude oil into product, and who does not own or operate any retail
12gasoline marketing facilities.
begin insertSection 46015 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
14repealed.end insert
“Local government” means any chartered or general
16law city, chartered or general law county, or any city and county.
begin insertSection 46016 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
18repealed.end insert
“Marine facility” means any facility of any kind, other
20than a vessel, which is or was used for the purposes of exploring
21for, drilling for, producing, storing, handling, transferring,
22processing, refining, or transporting crude oil or petroleum products
23and is located in marine waters, or is located where a discharge
24could impact marine waters unless the facility, (1) is subject to
25Chapter 6.67 (commencing with Section 25270) or Chapter 6.75
26(commencing with Section 25299.10) of Division 20 of the Health
27and Safety Code or, (2) is placed on a farm, nursery, logging site,
28small craft refueling dock as defined in Section 8670.3 of the
29Government Code, or construction site and does not exceed 20,000
30gallons in a single storage tank. For the purposes of this part, a
31drill ship, semisubmersible drilling platform, jack-up type drilling
32rig, or any other floating or temporary drilling platform is a “marine
33facility.”
begin insertSection 46017 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
35amended to read:end insert
“Marine terminal” means anybegin delete marineend delete facility used for
37transferring crude oil or petroleum products to or from tankers or
38barges. Forbegin delete theend delete purposes of this part, a marine terminal includes
39all piping not integrally connected to a tank facility as defined in
P86 1subdivisionbegin delete (k)end deletebegin insert (n)end insert of Section 25270.2 of the Health and Safety
2Code.
begin insertSection 46018 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
4repealed.end insert
“Marine waters” means those waters subject to tidal
6influence, and includes the waterways used for waterborne
7commercial vessel traffic to the Port of Sacramento and the Port
8of Stockton.
begin insertSection 46018 is added to the end insertbegin insertRevenue and Taxation
10Codeend insertbegin insert, to read:end insert
“Oil” means any kind of petroleum, liquid
12hydrocarbons, or petroleum products or any fraction or residues
13therefrom, including, but not limited to, crude oil, bunker fuel,
14gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed
15with waste, and liquid distillates from unprocessed natural gas.
begin insertSection 46019 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
17repealed.end insert
(a) “Operator” means any of the following:
19(1) Any person who owns, operates, charters by demise, or
20leases a vessel.
21(2) Any person who owns or operates a marine facility.
22(3) Any person who owns or operates a marine pipeline.
23(4) Any person who owns or operates a refinery.
24(b) “Operator” does not include a person who, without
25participating in the management of a vessel or marine facility,
26holds indicia of ownership primarily to protect his or her security
27interest in the vessel or marine facility. Also, “operator” does not
28include any person who owns the land beneath a marine facility
29or the facility itself if the person is not involved in the operation
30of the facility.
begin insertSection 46023 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
32amended to read:end insert
“Refinery” means a facilitybegin delete or location whichend deletebegin insert thatend insert
34 refines crude oil, including condensate and natural gasoline, into
35petroleum products, lubricating oils, coke, or asphalt.
begin insertSection 46024 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
37repealed.end insert
“Responsible party” or “party responsible” means any
39of the following:
P87 1(a) The owner or transporter of crude oil or petroleum products
2or a person or entity accepting responsibility for the crude oil or
3petroleum products.
4(b) The owner, operator, or lessee of, or person who charters
5by demise, any vessel or marine facility, or a person or entity
6accepting responsibility for the vessel or marine facility.
begin insertSection 46025 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
8repealed.end insert
“Spill” means any release of at least one barrel of crude
10oil or petroleum products into marine waters which is not
11authorized by any federal, state, or local government entity.
begin insertSection 46027 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
13repealed.end insert
“State oil spill contingency plan” means the California
15oil spill contingency plan prepared pursuant to Article 3.5
16(commencing with Section 8574.1) of Chapter 7 of Division 1 of
17Title 2 of the Government Code.
begin insertSection 46027 is added to the end insertbegin insertRevenue and Taxation
19Codeend insertbegin insert, to read:end insert
“State waters” or “waters of the state” means any
21surface water, including saline waters, marine waters, and
22freshwaters, within the boundaries of the state but does not include
23groundwater.
begin insertSection 46028 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
25amended to read:end insert
“Tanker” meansbegin delete anyend deletebegin insert aend insert self-propelledbegin delete, waterborneend delete vesselbegin delete,end delete
27begin insert that isend insert constructed or adapted for the carriage ofbegin delete crudeend delete oilbegin delete or in bulk or in commercial quantities as
cargo.
28petroleum productsend delete
begin insertSection 46101 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
30amended to read:end insert
Every person who operatesbegin delete an oilend deletebegin insert aend insert refinery in this state,
32a marine terminal inbegin delete marineend delete watersbegin insert of the stateend insert, or operates a
33pipelinebegin delete across, under, or through marine waters or any pipelineend delete
34 to transport crude oilbegin insert or petroleum productsend insert out of the
state shall
35register with the board.
begin insertSection 13272 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert
(a) Except as provided by subdivision (b), any person
38who, without regard to intent or negligence, causes or permits any
39oil or petroleum product to be discharged in or on any waters of
40the state, or discharged or deposited where it is, or probably will
P88 1be, discharged in or on any waters of the state, shall, as soon as
2(1) that person has knowledge of the discharge, (2) notification is
3possible, and (3) notification can be provided without substantially
4impeding cleanup or other emergency measures, immediately
5notify the Office of Emergency Services of the discharge in
6accordance with the spill reporting provision of the California oil
7spill contingency plan adopted pursuant to Article 3.5 (commencing
8with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the
9Government Code.begin delete This section shall not apply to spills of oil into
10marine waters as defined in subdivision (f) of Section 8670.3 of
11the Government Code.end delete
12(b) The notification required by this section shall not apply to
13a discharge in compliance with waste discharge requirements or
14other provisions of this division.
15(c) Any person who fails to provide the notice required by this
16section is guilty of a misdemeanor and shall be punished by a fine
17of not less than five hundred dollars ($500) or more than five
18thousand dollars ($5,000) per day for each day of failure to notify,
19or imprisonment of not more than one year, or both. Except where
20a discharge to the waters of this state would have occurred but for
21cleanup or emergency response by a public agency, this subdivision
22shall not apply to any discharge to landbegin delete whichend deletebegin insert thatend insert does not result
23in a
discharge to the waters of this state. This subdivision shall not
24apply to any person who is fined by the federal government for a
25failure to report a discharge of oil.
26(d) Notification received pursuant to this section or information
27obtained by use of that notification shall not be used against any
28person providing the notification in any criminal case, except in
29a prosecution for perjury or giving a false statement.
30(e) Immediate notification to the appropriate regional board of
31the discharge, in accordance with reporting requirements set under
32Section 13267 or 13383, shall constitute compliance with the
33requirements of subdivision (a).
34(f) The reportable quantity for oil or petroleum products shall
35be one barrel (42 gallons) or more, by direct discharge to the
36receiving waters, unless a more restrictive reporting
standard for
37a particular body of water is adopted.
(a) The Director of Finance may make available for
39expenditure in the 2014-15 fiscal year from the Oil Spill Prevention
40and Administration Fund, established pursuant to Section 8670.38
P89 1of the Government Code, an augmentation of Item 0860-001-0320
2of the Budget Act of 2014 in an amount equal to the reasonable
3costs incurred by the State Board of Equalization associated with
4amendments made to Section 8670.40 of the Government Code in
5the 2013-14 Regular Session.
6(b) Any augmentation shall be authorized no sooner than 30
7days
following the transmittal of the approval to the Chairperson
8of the Joint Legislative Budget Committee.
No reimbursement is required by this act pursuant
10to Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.
All matter omitted in this version of the bill appears in the bill as amended in the Senate May 6, 2014. (JR11)
O
95