Amended in Assembly June 18, 2014

Amended in Assembly June 9, 2014

Amended in Senate May 27, 2014

Amended in Senate May 6, 2014

Amended in Senate April 21, 2014

Amended in Senate April 2, 2014

Senate Bill No. 1319

Introduced by Senator Pavley

(Coauthors: Senators Hill, Lara, Leno, and Wolk)

February 21, 2014

An act begin delete to amend Section 5654 of the Fish and Game Code, end delete to amend Sections begin delete 8574.4, end delete 8574.7, begin delete 8574.8, 8670.2, 8670.3, 8670.5, 8670.7, end delete 8670.8, 8670.8.3, begin delete 8670.8.5, 8670.9, end delete 8670.12, begin delete 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, end delete 8670.36, begin delete 8670.37, 8670.37.5, 8670.37.51, 8670.37.52, 8670.37.53, 8670.37.55, 8670.37.58, end delete 8670.40, begin delete 8670.42, 8670.47.5, 8670.48, 8670.48.3, 8670.49, 8670.50, 8670.51, 8670.53, end delete 8670.54, begin delete 8670.55, 8670.56.5, end delete begin insert and end insert 8670.56.6 begin delete , 8670.61.5, 8670.62, 8670.64, 8670.66, 8670.67, 8670.67.5, 8670.69.4, and 8670.71 end delete of, begin insert and end insert to add Sections 8670.6.5, 8670.15, 8670.29.5, begin insert and end insert 8670.32.5 begin delete , 8670.40.5, and 8670.95 end delete to, begin delete and to repeal Section 8670.69.7 of, end delete the Government Code, begin delete to amend Section 449 of the Harbors and Navigation Code, end delete begin insert and end insert to amend Sections 765.5 and 7711 of the Public Utilities Code, begin delete 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, end delete relating to oil begin delete spills, and making an appropriation therefor. end delete begin insert spills. end insert

LEGISLATIVE COUNSEL’S DIGEST

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

(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.

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This bill

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begin insert Senate Bill 861, if enacted, end insert would generally expand the act and the administrator’s responsibilities relating to oil spills to cover all waters of the state, as defined. begin delete 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. end delete

begin delete

The

end delete

begin insert This end insert bill would expand the regional and local planning element of the California oil spill contingency plan to include the identification and mitigation of public health and safety impacts from an oil spill in waters of the state. The bill would authorize the administrator to obtain confidential and other information from the Office of Emergency Services, the State Energy Resources Conservation and Development Commission, and other regulators, as necessary, in order for the administrator to carry out his or her duties, and would require the administrator to develop procedures in handling the obtained information. The bill would require the administrator, no later than January 1, 2016, to conduct a study and evaluation for inland areas of the state and would require the administrator to obtain annually, at a minimum, information on the modes of transportation of oil into and within the state and the properties of the oil and to provide this information to the Oil Spill Technical Advisory Committee. The bill would also require the administrator, in consultation with the appropriate local, state, and federal regulators, to conduct a comprehensive risk assessment of nonvessel modes of transportation oil and to identify those operations that pose the highest risk of a pollution incident in state waters, as specified, and would require the administrator to obtain and make publicly available, as specified, previously filed information related to the transport of oil through, near, or into communities, as specified. begin delete 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. end delete The bill also would begin delete revise various definitions within that act, and would end delete make other conforming and technical changes.

(2) 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.

This 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. begin insert 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 insert

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(3) 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 delete begin delete

This 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.

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(4)

end delete

begin insert (3) end insert  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.

This 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. begin delete 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 delete .

This bill would require every person who operates an oil refinery, marine terminal, or a pipeline to register with the State Board of Equalization. begin insert By expanding the scope of crimes in the act, this bill would impose a state-mandated local program. end insert

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(5) Existing law imposes a uniform oil spill response fee on specified persons, except specified independent crude oil producers, owning petroleum products and on pipeline operators transporting petroleum products into the state by means of a pipeline operating across, under, or through the marine waters of the state, 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. Existing law authorizes a person to apply to the fund for compensation for damages and losses suffered as a result of an oil spill in the marine waters of the state under specified conditions.

end delete begin delete

The bill would delete the fee exception for independent crude oil producers, and would delete the provision authorizing the moneys in the fund to be used to pay for the costs of rescue, medical treatment, rehabilitation, and disposition of oiled wildlife. The bill would additionally impose the fee on pipeline operators transporting petroleum products into the state by means of a pipeline operating across, under, or through waters of the state, thereby making an appropriation by increasing the amount of moneys deposited into a continuously appropriated fund. The bill would authorize moneys in the fund to be used to respond to an imminent threat of a spill, and would authorize a person to apply to the fund for compensation for damages and losses suffered as a result of an oil spill in any waters of the state. By expanding the purposes of a continuously appropriated fund, the bill would make an appropriation.

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(6) 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.

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

end delete begin delete

(7)

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begin insert (4) end insert  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.

This bill would increase the number of members from 10 to begin delete 14 end delete begin insert 15 end insert 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 begin delete two end delete begin insert 3 end insert additional members, with one having knowledge of the railroad begin delete industry and end delete begin insert industry, end insert another having knowledge of the oil production industry begin insert , and another having knowledge of the truck transportation industry end insert .

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(8)

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begin insert (5) end insert  Existing law requires the Public Utilities Commission to establish, by regulation, the inspection of railroad locomotives, equipment, and facilities occur not less frequently than every 120 days, and, in addition to those minimum inspections, that the commission conduct focused inspections of railroad yards and track, either in coordination with the Federal Railroad Administration or as the commission determines to be necessary.

This bill would expand those inspections to include bridges and grade crossings over which oil is being transported and oil unloading facilities, as specified. The bill also would authorize the commission to regulate essential local safety hazards for the transport of oil more stringently than federal regulation, as specified.

Existing law requires the commission to report to the Legislature, on or before July 1 each year, on sites on railroad lines in the state it finds to be hazardous, as specified.

This bill would expand that annual report to the Legislature to include the timing, nature, and status of the remediation of defects or violations of federal and state law related to the transport and unloading of oil detected by the commission through its inspections.

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(9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

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

end delete begin insert

(6) This bill would make its provisions contingent on the enactment of SB 861 of the 2013-14 Regular Session.

end insert begin insert

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 insert begin insert

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

end insert

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

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

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SECTION 1.  

Section 5654 of the Fish and Game Code is
amended to read:

5654.  

(a) (1) Notwithstanding Section 7715 and except as
provided in paragraph (2), the director, within 24 hours of
notification of a spill or discharge, as those terms are defined in
Section 8670.3 of the Government Code, where any fishing,
including all commercial, recreational, and nonlicensed subsistence
fishing, may take place, or where aquaculture operations are taking
place, shall close to the take of all fish and shellfish all waters in
the vicinity of the spill or discharge or where the spilled or
discharged material has spread, or is likely to spread. In
determining where a spill or discharge is likely to spread, the
director shall consult with the Administrator of the Office of Spill
Prevention and Response. At the time of closure, the department
shall make all reasonable efforts to notify the public of the closure,
including notification to commercial and recreational fishing
organizations, and posting of warnings on public piers and other
locations where subsistence fishing is known to occur. The
department shall coordinate, when possible, with local and regional
agencies and organizations to expedite public notification.

(2) Closure pursuant to paragraph (1) is not required if, within
24 hours of notification of a spill or discharge, the Office of
Environmental Health Hazard Assessment finds that a public health
threat does not or is unlikely to exist.

(b) Within 48 hours of notification of a spill or discharge subject
to subdivision (a), the director, in consultation with the Office of
Environmental Health Hazard Assessment, shall make an
assessment and determine all of the following:

(1) The danger posed to the public from fishing in the area where
the spill or discharge occurred or spread, and the danger of
consuming fish taken in the area where the spill or discharge
occurred or spread.

(2) Whether the areas closed for the take of fish or shellfish
should be expanded to prevent any potential take or consumption
of any fish or shellfish that may have been contaminated by the
spill or discharge.

(3) The likely period for maintaining a closure on the take of
fish and shellfish in order to prevent any possible contaminated
fish or shellfish from being taken or consumed or other threats to
human health.

(c) Within 48 hours after receiving notification of a spill or
discharge subject to subdivision (a), or as soon as is feasible, the
director, in consultation with the Office of Environmental Health
Hazard Assessment, shall assess and determine the potential danger
from consuming fish that have been contained in a recirculating
seawater tank onboard a vessel that may become contaminated by
the vessel’s movement through an area where the spill or discharge
occurred or spread.

(d) If the director finds in his or her assessment pursuant to
subdivision (b) that there is no significant risk to the public or to
the fisheries, the director may immediately reopen the closed area
and waive the testing requirements of subdivisions (e) and (f).

(e) Except under the conditions specified in subdivision (d),
after complying with subdivisions (a) and (b), the director, in
consultation with the Office of Environmental Health Hazard
Assessment, but in no event more than seven days from the
notification of the spill or discharge, shall order expedited tests of
fish and shellfish that would have been open for take for
commercial, recreational, or subsistence purposes in the closed
area if not for the closure, to determine the levels of contamination,
if any, and whether the fish or shellfish is safe for human
consumption.

(f) (1) Within 24 hours of receiving a notification from the
Office of Environmental Health Hazard Assessment that no threat
to human health exists from the spill or discharge or that no
contaminant from the spill or discharge is present that could
contaminate fish or shellfish, the director shall reopen the areas
closed pursuant to this section. The director may maintain a closure
in any remaining portion of the closed area where the Office of
Environmental Health Hazard Assessment finds contamination
from the spill or discharge persists that may adversely affect human
health.

(2) The director, in consultation with the commission, may also
maintain a closure in any remaining portion of the closed area
where commercial fishing or aquaculture occurs and where the
department determines, pursuant to this paragraph, that
contamination from the spill or discharge persists that may cause
the waste of commercial fish or shellfish as regulated by Section
7701.

(g) To the extent feasible, the director shall consult with
representatives of commercial and recreational fishing associations
and subsistence fishing communities regarding the extent and
duration of a closure, testing protocols, and findings. If a spill or
discharge occurs within the lands governed by a Native American
tribe or affects waters flowing through tribal lands, or tribal
fisheries, the director shall consult with the affected tribal
governments.

(h) The director shall seek full reimbursement from the
responsible party or parties for the spill or discharge for all
reasonable costs incurred by the department in carrying out this
section, including, but not limited to, all testing.

SEC. 2.  

Section 8574.4 of the Government Code is amended
to read:

8574.4.  

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

end delete

begin delete SEC. 3. end delete
begin insert SECTION 1. end insert   

Section 8574.7 of the Government Code is
amended to read:

8574.7.  

The Governor shall require the administrator, not in
conflict with the National Contingency Plan, to amend the
California oil spill contingency plan to provide for the best
achievable protection of waters of the state. “Administrator” for
purposes of this section means the administrator appointed by the
Governor pursuant to Section 8670.4. The plan shall consist of all
of the following elements:

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

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

(1) Traffic and crowd control.

(2) Firefighting.

(3) Boating traffic control.

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

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

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

(7) Provision of medical emergency services.

(8) Identification and mitigation of public health and safety
impacts.

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

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

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

(2) Ship position reporting and communications requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) A reporting element that requires the reporting of oil spills
of any amount of oil into state waters.

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SEC. 4.  

Section 8574.8 of the Government Code is amended
to read:

8574.8.  

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

(b) The administrator shall submit to the Governor and the
Legislature an amended California oil spill contingency plan
required pursuant to Section 8574.7, on or before January 1, 2017,
that addresses marine and inland oil spills. The administrator shall
thereafter submit revised plans every three years.

SEC. 5.  

Section 8670.2 of the Government Code is amended
to read:

8670.2.  

The Legislature finds and declares as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 6.  

Section 8670.3 of the Government Code is amended
to read:

8670.3.  

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

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

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

(A) The protection provided by the measure.

(B) The technological achievability of the measure.

(C) The cost of the measure.

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

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

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

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

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

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

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

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

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

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

(B) A marine terminal.

(C) A pipeline that transports oil.

(D) A railroad that transports oil as cargo.

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

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

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

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

(C) Operations on a farm, nursery, logging site, or construction
site that are either of the following:

(i) Do not exceed 20,000 gallons in a single storage tank.

(ii) Have a useable tank storage capacity not exceeding 75,000
gallons.

(D) A small craft refueling dock.

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

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

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

(j) “Mobile transfer unit” means a vehicle, truck, or trailer,
including all connecting hoses and piping, used for the transferring
of oil at a location where a discharge could impact waters of the
state.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) A mobile transfer unit.

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

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

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

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

(aa) “Spill,” “discharge,” or “oil spill” means a release of any
amount of oil into waters of the state that is not authorized by a
federal, state, or local government entity.

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

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

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

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

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

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

SEC. 7.  

Section 8670.5 of the Government Code is amended
to read:

8670.5.  

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

end delete

begin delete SEC. 8. end delete
begin insert SEC. 2. end insert   

Section 8670.6.5 is added to the Government Code,
to read:

8670.6.5.  

The administrator may obtain confidential and other
information protected from public disclosure from the Office of
Emergency Services, the State Energy Resources Conservation
and Development Commission, and other regulators, as necessary,
in order for the administrator to carry out his or her duties. The
administrator shall develop procedures for handling the obtained
information consistent with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1) and federal law.

begin delete

SEC. 9.  

Section 8670.7 of the Government Code is amended
to read:

8670.7.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

end delete

begin delete SEC. 10. end delete
begin insert SEC. 3. end insert   

Section 8670.8 of the Government Code is amended
to read:

8670.8.  

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

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

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

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

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

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

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

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

begin delete SEC. 11. end delete
begin insert SEC. 4. end insert   

Section 8670.8.3 of the Government Code is amended
to read:

8670.8.3.  

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

begin delete

SEC. 12.  

Section 8670.8.5 of the Government Code is amended
to read:

8670.8.5.  

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

end delete

begin delete

SEC. 13.  

Section 8670.9 of the Government Code is amended
to read:

8670.9.  

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

(1) Coordination of vessel safety and traffic.

(2) Spill prevention equipment and response required on vessels
and at facilities.

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

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

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

end delete

begin delete SEC. 14. end delete
begin insert SEC. 5. end insert   

Section 8670.12 of the Government Code is amended
to read:

8670.12.  

(a) (1) The administrator shall conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in waters of the
state and oil transportation systems. The administrator may expend
moneys from the Oil Spill Prevention and Administration Fund
created pursuant to Section 8670.38, enter into consultation
agreements, and acquire necessary equipment and services for the
purpose of carrying out these studies and evaluations.

(2) On or before January 1, 2016, the administrator shall conduct
a study and evaluation pursuant to paragraph (1) for inland areas
of the state. The study and evaluation shall include, but shall not
be limited to, an analysis of likely spill scenarios, response
requirements for oil of varying properties and urban, rural, and
sensitive environments, and spill response equipment and
resources.

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

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

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

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

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

(1) Equipment and technology needs.

(2) Coordination with private response personnel.

(3) Liability and insurance.

(4) Compensation.

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

begin delete

SEC. 15.  

Section 8670.14 of the Government Code is amended
to read:

8670.14.  

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

end delete

begin delete SEC. 16. end delete
begin insert SEC. 6. end insert   

Section 8670.15 is added to the Government Code, to
read:

8670.15.  

(a) To the extent allowed by federal and state law
and to provide public transparency, the Legislature declares it is
the policy of the state that communities that face significant risks
associated with the transport or planned transport of significant
quantities of oil through or near those communities be notified of
the quantities and properties of the oil in a timely manner.

(b) The administrator shall obtain and make publicly available,
as allowed pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1) and
federal law, previously filed information related to the transport
of oil through, near, or into communities. The previously filed
information shall include the type and quantity of oil and its mode
of transport. The previously filed information shall be obtained
annually, at a minimum, and shall cover the immediately preceding
12-month period.

(c) For purposes of this section, begin delete “transport” end delete includes transport
begin insert or planned transport end insert by vessel, truck, railroad, or pipeline.

begin delete

SEC. 17.  

Section 8670.19 of the Government Code is amended
to read:

8670.19.  

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

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

(2) Evaluate the oil spill contingency plans for each area to
determine if deficiencies exist in equipment, personnel, training,
and any other area determined to be necessary, including those
response resources properly authorized for cascading into the area,
to ensure the best achievable protection of state waters from oil
spills.

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

SEC. 18.  

Section 8670.25 of the Government Code is amended
to read:

8670.25.  

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

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

SEC. 19.  

Section 8670.25.5 of the Government Code is
amended to read:

8670.25.5.  

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

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

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

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

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

SEC. 20.  

Section 8670.26 of the Government Code is amended
to read:

8670.26.  

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

SEC. 21.  

Section 8670.27 of the Government Code is amended
to read:

8670.27.  

(a) (1) All potentially responsible parties for an oil
spill and all of their agents and employees and all state and local
agencies shall carry out response and cleanup operations in
accordance with the applicable contingency plan, unless directed
otherwise by the administrator or the Coast Guard.

(2) Except as provided in subdivision (b), the responsible party,
potentially responsible parties, their agents and employees, the
operators of all vessels docked at a marine facility that is the source
of a discharge, and all state and local agencies shall carry out spill
response consistent with the California oil spill contingency plan
or other applicable federal, state, or local spill response plans, and
owners and operators shall carry out spill response consistent with
their applicable response contingency plans, unless directed
otherwise by the administrator or the Coast Guard.

(b) If a responsible party or potentially responsible party
reasonably, and in good faith, believes that the directions or orders
given by the administrator pursuant to subdivision (a) will
substantially endanger the public safety or the environment, the
party may refuse to act in compliance with the orders or directions
of the administrator. The responsible party or potentially
responsible party shall state, at the time of the refusal, the reasons
why the party refuses to follow the orders or directions of the
administrator. The responsible party or potentially responsible
party shall give the administrator written notice of the reasons for
the refusal within 48 hours of refusing to follow the orders or
directions of the administrator. In any civil or criminal proceeding
commenced pursuant to this section, the burden of proof shall be
on the responsible party or potentially responsible party to
demonstrate, by clear and convincing evidence, why the refusal
to follow the orders or directions of the administrator was justified
under the circumstances.

SEC. 22.  

Section 8670.28 of the Government Code is amended
to read:

8670.28.  

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

(1) All areas of state waters are at all times protected by
prevention, response, containment, and cleanup equipment and
operations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 23.  

Section 8670.29 of the Government Code is amended
to read:

8670.29.  

(a) In accordance with the rules, regulations, and
policies established by the administrator pursuant to Section
8670.28, an owner or operator of a facility, small marine fueling
facility, or mobile transfer unit, or an owner or operator of a tank
vessel, nontank vessel, or vessel carrying oil as secondary cargo,
while operating in the waters of the state or where a spill could
impact waters of the state, shall have an oil spill contingency plan
that has been submitted to, and approved by, the administrator
pursuant to Section 8670.31. An oil spill contingency plan shall
ensure the undertaking of prompt and adequate response and
removal action in case of a spill, shall be consistent with the
California oil spill contingency plan, and shall not conflict with
the National Oil and Hazardous Substances Pollution Contingency
Plan (NCP), Part 300 of Title 40 of the Code of Federal
Regulations.

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

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

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

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

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

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

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

(7) Identify a qualified individual.

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

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

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

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

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

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

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

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

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

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

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

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

(1) Provisions for site security and control.

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

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

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

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

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

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

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

(3) A map of track routes and facilities.

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

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

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

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

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

end delete

begin delete SEC. 24. end delete
begin insert SEC. 7. end insert   

Section 8670.29.5 is added to the Government Code,
to read:

8670.29.5.  

(a) The administrator shall obtain annually, at a
minimum, information on the modes of transportation of oil into
and within the state and the properties of the oil in order to evaluate
and identify any necessary changes in oil spill response and
preparedness programs to meet the goals of this chapter.

(b) The administrator shall provide this information to the Oil
Spill Technical Advisory Committee, established pursuant to
Section 8670.54.

begin delete

SEC. 25.  

Section 8670.30.5 of the Government Code is
amended to read:

8670.30.5.  

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

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

SEC. 26.  

Section 8670.31 of the Government Code is amended
to read:

8670.31.  

(a) Each oil spill contingency plan required under
this article shall be submitted to the administrator for review and
approval.

(b) The administrator shall review each submitted contingency
plan to determine whether it complies with the administrator’s
rules, policies, and regulations adopted pursuant to Section 8670.28
and 8670.29. The administrator may issue a preliminary approval
pending final approval or disapproval.

(c) Each contingency plan submitted shall be approved or
disapproved within 30 days after receipt by the administrator. The
administrator may approve or disapprove portions of a plan. A
plan is not deemed approved until all portions are approved
pursuant to this section. The disapproved portion shall be subject
to the procedures contained in subdivision (d).

(d) If the administrator finds the submitted contingency plan is
inadequate under the rules, policies, and regulations of the
administrator, the plan shall be returned to the submitter with
written reasons why the plan was found inadequate and, if
practicable, suggested modifications or alternatives, if appropriate.
The submitter shall submit a new or modified plan within 30 days
after the earlier plan was returned, responding to the findings and
incorporating any suggested modifications. The resubmittal shall
be treated as a new submittal and processed according to the
provisions of this section, except that the resubmitted plan shall
be deemed approved unless the administrator acts pursuant to
subdivision (c).

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

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

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

SEC. 27.  

Section 8670.32 of the Government Code is amended
to read:

8670.32.  

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

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

(c) The administrator shall establish regulations to provide for
the best achievable protection during bunkering and lightering
operations.

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

end delete

begin delete SEC. 28. end delete
begin insert SEC. 8. end insert   

Section 8670.32.5 is added to the Government Code,
to read:

8670.32.5.  

The administrator, in consultation with the
appropriate local, state, and federal regulators, shall conduct a
comprehensive risk assessment of nonvessel modes of
transportation of oil and shall identify those operations that pose
the highest risk of a pollution incident in state waters. The
assessment shall include a consideration of the likely range in
properties of the oil.

begin delete

SEC. 29.  

Section 8670.33 of the Government Code is amended
to read:

8670.33.  

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

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

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

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

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

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

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

SEC. 30.  

Section 8670.34 of the Government Code is amended
to read:

8670.34.  

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

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

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

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

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

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

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

SEC. 31.  

Section 8670.35 of the Government Code is amended
to read:

8670.35.  

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

(b) The administrator may offer, to a unified program agency
with jurisdiction over or directly adjacent to waters of the state, a
grant to complete, update, or revise an oil spill element of the area
plan.

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

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

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

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

end delete

begin delete SEC. 32. end delete
begin insert SEC. 9. end insert   

Section 8670.36 of the Government Code is amended
to read:

8670.36.  

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

begin delete

SEC. 33.  

Section 8670.37 of the Government Code is amended
to read:

8670.37.  

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

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

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

SEC. 34.  

Section 8670.37.5 of the Government Code is amended
to read:

8670.37.5.  

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

(b) (1) The first rescue and rehabilitation station established
pursuant to this section shall be located within the sea otter range
on the central coast. The administrator initially shall establish
regional oiled wildlife rescue and rehabilitation facilities in the
Los Angeles Harbor area, the San Francisco Bay area, the San
Diego area, the Monterey Bay area, the Humboldt County area,
and the Santa Barbara area. The administrator also may establish
facilities in other areas of the state as the administrator determines
to be necessary.

(2) One or more of the oiled wildlife rescue and rehabilitation
stations shall be open to the public for educational purposes and
shall be available for wildlife health research. Wherever possible
in the establishment of these facilities, the administrator shall
improve existing authorized rehabilitation facilities and may
expand or take advantage of existing educational or scientific
programs and institutions for oiled wildlife rehabilitation purposes.
Expenditures shall be reviewed by the agencies and organizations
specified in subdivision (c).

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

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

(e) In the event of a spill, the responsible party may request that
the administrator perform the rescue and rehabilitation of oiled
wildlife required of the responsible party pursuant to this chapter
if the responsible party and the administrator enter into an
agreement for the reimbursement of the administrator’s costs
incurred in taking the requested action. If the administrator
performs the rescue and rehabilitation of oiled wildlife, the
administrator shall primarily utilize the network of rescue and
rehabilitation stations established pursuant to subdivision (a),
unless more immediate care is required. Any of those activities
conducted pursuant to this section or Section 8670.56.5 or
8670.61.5 shall be performed under the direction of the
administrator. This subdivision does not remove the responsible
party from liability for the costs of, or the responsibility for, the
rescue and rehabilitation of oiled wildlife, as established by this
chapter. This subdivision does not prohibit an owner or operator
from retaining, in a contingency plan prepared pursuant to this
article, wildlife rescue and rehabilitation services different from
the rescue and rehabilitation stations established pursuant to this
section.

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

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

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

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

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

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

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

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

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

SEC. 35.  

Section 8670.37.51 of the Government Code is
amended to read:

8670.37.51.  

(a) A tank vessel or vessel carrying oil as a
secondary cargo shall not be used to transport oil across waters of
the state unless the owner or operator has applied for and obtained
a certificate of financial responsibility issued by the administrator
for that vessel or for the owner of all of the oil contained in and
to be transferred to or from that vessel.

(b) An operator of a marine terminal within the state shall not
transfer oil to or from a tank vessel or vessel carrying oil as a
secondary cargo unless the operator of the marine terminal has
received a copy of a certificate of financial responsibility issued
by the administrator for the operator of that vessel or for all of the
oil contained in and to be transferred to or from that vessel.

(c) An operator of a marine terminal within the state shall not
transfer oil to or from any vessel that is or is intended to be used
for transporting oil as cargo to or from a second vessel unless the
operator of the marine terminal has first received a copy of a
certificate of financial responsibility issued by the administrator
for the person responsible for both the first and second vessels or
all of the oil contained in both vessels, as well as all the oil to be
transferred to or from both vessels.

(d)  An owner or operator of a facility where a spill could impact
waters of the state shall apply for and obtain a certificate of
financial responsibility issued by the administrator for the facility
or the oil to be handled, stored, or transported by the facility.

(e) Pursuant to Section 8670.37.58, nontank vessels shall obtain
a certificate of financial responsibility.

SEC. 36.  

Section 8670.37.52 of the Government Code is
amended to read:

8670.37.52.  

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

SEC. 37.  

Section 8670.37.53 of the Government Code is
amended to read:

8670.37.53.  

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

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

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

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

SEC. 38.  

Section 8670.37.55 of the Government Code is
amended to read:

8670.37.55.  

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

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

SEC. 39.  

Section 8670.37.58 of the Government Code is
amended to read:

8670.37.58.  

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

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

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

end delete

begin delete SEC. 40. end delete
begin insert SEC. 10. end insert   

Section 8670.40 of the Government Code is amended
to read:

8670.40.  

(a) The State Board of Equalization shall collect a
fee in an amount annually determined by the administrator to be
sufficient to pay the reasonable regulatory costs to carry out the
purposes set forth in subdivision (e), and a reasonable reserve for
contingencies. The oil spill prevention and administration fee shall
be based on each barrel of crude oil or petroleum products, as
described in subdivision (b).

(b) (1) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time that the crude
oil is received at a marine terminal, by any mode of delivery that
passed over, across, under, or through waters of the state, from
within or outside the state, and upon a person who owns petroleum
products at the time that those petroleum products are received at
a marine terminal, by any mode of delivery that passed over, across,
under, or through waters of the state, from outside this state. The
fee shall be collected by the marine terminal operator from the
owner of the crude oil or petroleum products for each barrel of
crude oil or petroleum products received.

(2) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time the crude oil
is received at a refinery within the state by any mode of delivery
that passed over, across, under, or through waters of the state,
whether from within or outside the state. The refinery shall collect
the fee from the owner of the crude oil for each barrel of crude oil
or petroleum products received.

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

(4) The oil spill prevention and administration fee shall not be
collected by a marine terminal operator or refinery operator or
imposed on the owner of crude oil or petroleum products if the fee
has been previously collected or paid on the crude oil or petroleum
products at another marine terminal or refinery. It shall be the
obligation of the marine terminal operator, refinery operator, or
owner of crude oil or petroleum products to show that the fee has
already been paid on the same crude oil or petroleum products.

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

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

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

(d) The State Board of Equalization shall collect the fee and
adopt regulations for implementing the fee collection program.

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

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

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

(3) To finance environmental and economic studies relating to
the effects of oil spills.

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

(5) To reimburse the State Board of Equalization for its
reasonable costs incurred to implement this chapter and to carry
out Part 24 (commencing with Section 46001) of Division 2 of the
Revenue and Taxation Code.

(6) To fund the Oiled Wildlife Care Network pursuant to Section
8670.40.5.

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

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

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

begin delete

SEC. 41.  

Section 8670.40.5 is added to the Government Code,
to read:

8670.40.5.  

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

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

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

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

SEC. 42.  

Section 8670.42 of the Government Code is amended
to read:

8670.42.  

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

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

SEC. 43.  

Section 8670.47.5 of the Government Code is
amended to read:

8670.47.5.  

The following shall be deposited into the fund:

(a) The fee required pursuant to Section 8670.48.

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

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

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

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

SEC. 44.  

Section 8670.48 of the Government Code is amended
to read:

8670.48.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8)  [Reserved]

(9) To respond to an imminent threat of a spill in accordance
with the provisions of Section 8670.62 pertaining to threatened
discharges.

(l) The interest that the state earns on the funds deposited into
the Oil Spill Response Trust Fund shall be deposited in the fund
and shall be used to maintain the fund at the designated amount
specified in subdivision (a) of Section 46012 of the Revenue and
Taxation Code. If the amount in the fund exceeds that designated
amount, the interest shall be deposited into the Oil Spill Prevention
and Administration Fund, and shall be available for the purposes
authorized by Article 6 (commencing with Section 8670.38).

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

(n)  [Reserved]

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

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

SEC. 45.  

Section 8670.48.3 of the Government Code is
amended to read:

8670.48.3.  

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

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

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

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

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

(d) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 46.  

Section 8670.49 of the Government Code is amended
to read:

8670.49.  

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

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

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

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

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

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

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

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

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

SEC. 47.  

Section 8670.50 of the Government Code is amended
to read:

8670.50.  

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

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

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

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

(C) Undertaken at the direction of the administrator.

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

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

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

SEC. 48.  

Section 8670.51 of the Government Code is amended
to read:

8670.51.  

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

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

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

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

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

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

SEC. 49.  

Section 8670.53 of the Government Code is amended
to read:

8670.53.  

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

end delete

begin delete SEC. 50. end delete
begin insert SEC. 11. end insert   

Section 8670.54 of the Government Code is amended
to read:

8670.54.  

(a) The Oil Spill Technical Advisory Committee,
hereafter in this article, the committee, is hereby established to
provide public input and independent judgment of the actions of
the administrator. The committee shall consist of begin delete 14 end delete begin insert 15 end insert members,
of whom begin delete eight end delete begin insert nine end insert shall be appointed by the Governor, three by
the Speaker of the Assembly, and three by the Senate Rules
Committee. The appointments shall be made in the following
manner:

(1) The Speaker of the Assembly and Senate Committee on
Rules shall each appoint a member who shall be a representative
of the public.

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

(3) The Speaker of the Assembly and the Senate Committee on
Rules shall each appoint two members who have demonstrable
knowledge of environmental protection and the study of
ecosystems.

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

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

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

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

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

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

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

begin insert

(11) The Governor shall appoint a member who has a
demonstrable knowledge of the truck transportation industry.

end insert

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

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

(d) A chair and vice chair shall be elected by a majority vote of
the committee.

begin delete

SEC. 51.  

Section 8670.55 of the Government Code is amended
to read:

8670.55.  

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

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

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

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

SEC. 52.  

Section 8670.56.5 of the Government Code is
amended to read:

8670.56.5.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

end delete

begin delete SEC. 53. end delete
begin insert SEC. 12. end insert   

Section 8670.56.6 of the Government Code is
amended to read:

8670.56.6.  

(a) (1) Except as provided in subdivisions (b) and
(d), and subject to subdivision (c), a person, including, but not
limited to, an oil spill cooperative, its agents, subcontractors, or
employees, shall not be liable under this chapter or the laws of the
state to any person for costs, damages, or other claims or expenses
as a result of actions taken or omitted in good faith in the course
of rendering care, assistance, or advice in accordance with the
National Contingency Plan, the California oil spill contingency
plan, or at the direction of the administrator, onsite coordinator,
or the Coast Guard in response to a spill or threatened spill.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4)  A person or their agents, subcontractors, or employees shall
not incur any liability under this chapter or any other provision of
law solely as a result of that person’s decision to terminate their
response efforts because of the expiration of the immunity
conferred by this section. A person’s decision to terminate response
efforts because of the expiration of the immunity conferred by this
section shall not in any manner impair, curtail, limit, or otherwise
affect the immunity conferred on the person with regard to the
person’s response efforts undertaken during the period of time the
immunity applied to those response efforts.

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

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

begin delete

SEC. 54.  

Section 8670.61.5 of the Government Code is
amended to read:

8670.61.5.  

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

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

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

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

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

SEC. 55.  

Section 8670.62 of the Government Code is amended
to read:

8670.62.  

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

(1) Clean up the oil.

(2) Abate the effects of the discharge.

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

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

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

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

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

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

SEC. 56.  

Section 8670.64 of the Government Code is amended
to read:

8670.64.  

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 57.  

Section 8670.66 of the Government Code is amended
to read:

8670.66.  

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

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

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

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

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

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

(c) A person shall not be liable for a civil penalty imposed under
this section and for a civil penalty imposed pursuant to Section
8670.67 for the same act or failure to act.

SEC. 58.  

Section 8670.67 of the Government Code is amended
to read:

8670.67.  

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

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

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

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

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

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

(c)  A person shall not be liable for a civil penalty imposed
under this section and for a civil penalty imposed pursuant to
Section 8670.66 for the same act or failure to act.

SEC. 59.  

Section 8670.67.5 of the Government Code is
amended to read:

8670.67.5.  

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

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

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

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

SEC. 60.  

Section 8670.69.4 of the Government Code is
amended to read:

8670.69.4.  

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

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

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

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

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

SEC. 61.  

Section 8670.69.7 of the Government Code is
repealed.

SEC. 62.  

Section 8670.71 of the Government Code is amended
to read:

8670.71.  

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

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

(1) Is located within or immediately adjacent to waters of the
state, as defined in Section 8670.3.

(2) Has measurable outcomes within a predetermined timeframe.

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

SEC. 63.  

Section 8670.95 is added to the Government Code,
to read:

8670.95.  

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

SEC. 64.  

Section 449 of the Harbors and Navigation Code is
amended to read:

449.  

(a) The marine exchange and its officers and directors
are subject to Section 5047.5 of the Corporations Code to the extent
that the marine exchange meets the criteria specified in that section.

(b) Nothing in this section shall be deemed to include the marine
exchange or its officers, directors, employees, or representatives
within the meaning of “responsible party” as defined in Section
8670.3 of the Government Code and subdivision (p) of Section
8750 of the Public Resources Code for the purposes of the
Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
(Article 3.5 (commencing with Section 8574.1) of Chapter 7 and
Chapter 7.4 (commencing with Section 8670.1) of Division 1 of
Title 2 of the Government Code and Division 7.8 (commencing
with Section 8750) of the Public Resources Code).

end delete

begin delete SEC. 65. end delete
begin insert SEC. 13. end insert   

Section 765.5 of the Public Utilities Code is amended
to read:

765.5.  

(a) The purpose of this section is to provide that the
commission takes all appropriate action necessary to ensure the
safe operation of railroads in this state.

(b) The commission shall dedicate sufficient resources necessary
to adequately carry out the State Participation Program for the
regulation of rail transportation of hazardous materials as
authorized by the Hazardous Material Transportation Uniform
Safety Act of 1990 (P.L. 101-615).

(c) On or before July 1, 1992, the commission shall hire a
minimum of six additional rail inspectors who are or shall become
federally certified, consisting of three additional motive power
and equipment inspectors, two signal inspectors, and one operating
practices inspector, for the purpose of enforcing compliance by
railroads operating in this state with state and federal safety
regulations.

(d) On or before July 1, 1992, the commission shall establish,
by regulation, a minimum inspection standard to ensure, at the
time of inspection, that railroad locomotives, equipment, and
facilities located in class I railroad yards in California will be
inspected not less frequently than every 120 days, and inspection
of all branch and main line track not less frequently than every 12
months.

(e) Commencing July 1, 2008, in addition to the minimum
inspections undertaken pursuant to subdivision (d), the commission
shall conduct focused inspections of railroad yards and track, either
in coordination with the Federal Railroad Administration or as the
commission determines to be necessary. The focused inspection
program shall target railroad yards and track that pose the greatest
safety risk, based on inspection data, accident history, and rail
traffic density.

(f) Commencing January 1, 2015, in addition to the inspections
undertaken pursuant to subdivisions (d) and (e), the commission
shall conduct expanded focused inspections, either in coordination
with the Federal Railroad Administration or as the commission
determines to be necessary, of bridges and grade crossings over
which oil is being transported and oil unloading facilities, including
movement within these facilities and onside storage. The expanded
focused inspection program shall target bridges, grade crossings,
and oil unloading facilities that pose the greatest safety risk, based
on inspection data, accident history, and rail traffic density.

(g) The commission may regulate essential local safety hazards
for the transport of oil more stringently than federal regulation,
pursuant to Section 20106 of Title 49 of the United States Code.

begin delete SEC. 66. end delete
begin insert SEC. 14. end insert   

Section 7711 of the Public Utilities Code is amended
to read:

7711.  

The commission shall annually report to the Legislature,
on or before July 1, on sites on railroad lines in the state it finds
to be hazardous. The report shall include, but not be limited to,
information on all of the following:

(a) A list of all railroad derailment accident sites in the state on
which accidents have occurred within at least the previous five
years. The list shall describe the nature and probable causes of the
accidents, if known, and shall indicate whether the accidents
occurred at or near sites that the commission has determined,
pursuant to subdivision (b), pose a local safety hazard.

(b) A list of all railroad sites in the state that the commission
determines, pursuant to Section 20106 of Title 49 of the United
States Code, pose a local safety hazard. The commission may
submit in the annual report the list of railroad sites submitted in
the immediate prior year annual report, and may amend or revise
that list from the immediate prior year as necessary. Factors that
the commission shall consider in determining a local safety hazard
may include, but need not be limited to, all of the following:

(1) The severity of grade and curve of track.

(2) The value of special skills of train operators in negotiating
the particular segment of railroad line.

(3) The value of special railroad equipment in negotiating the
particular segment of railroad line.

(4) The types of commodities transported on or near the
particular segment of railroad line.

(5) The hazard posed by the release of the commodity into the
environment.

(6) The value of special railroad equipment in the process of
safely loading, transporting, storing, or unloading potentially
hazardous commodities.

(7) The proximity of railroad activity to human activity or
sensitive environmental areas.

(8) A list of the root causes and significant contributing factors
of all train accidents or derailments investigated.

(c) In determining which railroad sites pose a local safety hazard
pursuant to subdivision (b), the commission shall consider the
history of accidents at or near the sites. The commission shall not
limit its determination to sites at which accidents have already
occurred, but shall identify potentially hazardous sites based on
the criteria enumerated in subdivision (b) and all other criteria that
the commission determines influence railroad safety. The
commission shall also consider whether any local safety hazards
at railroad sites have been eliminated or sufficiently remediated
to warrant removal of the site from the list required under
subdivision (b).

(d) The timing, nature, and status of the remediation of defects
and violations of federal and state law related to the transport and
delivery of oil detected by the commission through its inspections.

begin delete

SEC. 67.  

Section 46002 of the Revenue and Taxation Code is
amended to read:

46002.  

The collection and administration of the fees referred
to in Sections 46051 and 46052 shall be governed by the definitions
contained in Chapter 7.4 (commencing with Section 8670.1) of
Division 1 of Title 2 of the Government Code and this part.

SEC. 68.  

Section 46006 of the Revenue and Taxation Code is
amended to read:

46006.  

“Administrator” means the person appointed by the
Governor pursuant to Section 8670.4 of the Government Code to
implement the Lempert-Keene-Seastrand Oil Spill Prevention and
Response Act (Chapter 7.4 (commencing with Section 8670.1) of
Division 1 of Title 2 of the Government Code).

SEC. 69.  

Section 46007 of the Revenue and Taxation Code is
amended to read:

46007.  

“Barges” means vessels that carry oil in commercial
quantities as cargo but are not equipped with a means of
self-propulsion.

SEC. 70.  

Section 46008 of the Revenue and Taxation Code is
repealed.

SEC. 71.  

Section 46010 of the Revenue and Taxation Code is
amended to read:

46010.  

“Crude oil” means petroleum in an unrefined or natural
state, including condensate and natural gasoline, and including
substances that enhance, cut, thin, or reduce viscosity.

SEC. 72.  

Section 46011 of the Revenue and Taxation Code is
repealed.

SEC. 73.  

Section 46011 is added to the Revenue and Taxation
Code, to read:

46011.  

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

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

(2) A marine terminal.

(3) A pipeline that transports oil.

(4) A railroad that transports oil as cargo.

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

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

(1) A vessel, except a vessel located and used for any purpose
described in paragraph (5) of subdivision (a).

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

(3) Operations on a farm, nursery, logging site, or construction
site that are either of the following:

(A) Do not exceed 20,000 gallons in a single storage tank.

(B) Have a useable tank storage capacity not exceeding 75,000
gallons.

(4) A small craft refueling dock.

SEC. 74.  

Section 46013 of the Revenue and Taxation Code is
amended to read:

46013.  

“Feepayer” means any person liable for the payment
of a fee imposed by either Section 8670.40 or 8670.48 of the
Government Code.

SEC. 75.  

Section 46014 of the Revenue and Taxation Code is
repealed.

SEC. 76.  

Section 46015 of the Revenue and Taxation Code is
repealed.

SEC. 77.  

Section 46016 of the Revenue and Taxation Code is
repealed.

SEC. 78.  

Section 46017 of the Revenue and Taxation Code is
amended to read:

46017.  

“Marine terminal” means any facility used for
transferring crude oil or petroleum products to or from tankers or
barges. For purposes of this part, a marine terminal includes all
piping not integrally connected to a tank facility as defined in
subdivision (n) of Section 25270.2 of the Health and Safety Code.

SEC. 79.  

Section 46018 of the Revenue and Taxation Code is
repealed.

SEC. 80.  

Section 46018 is added to the Revenue and Taxation
Code, to read:

46018.  

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

SEC. 81.  

Section 46019 of the Revenue and Taxation Code is
repealed.

SEC. 82.  

Section 46023 of the Revenue and Taxation Code is
amended to read:

46023.  

“Refinery” means a facility that refines crude oil,
including condensate and natural gasoline, into petroleum products,
lubricating oils, coke, or asphalt.

SEC. 83.  

Section 46024 of the Revenue and Taxation Code is
repealed.

SEC. 84.  

Section 46025 of the Revenue and Taxation Code is
repealed.

SEC. 85.  

Section 46027 of the Revenue and Taxation Code is
repealed.

SEC. 86.  

Section 46027 is added to the Revenue and Taxation
Code, to read:

46027.  

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

SEC. 87.  

Section 46028 of the Revenue and Taxation Code is
amended to read:

46028.  

“Tanker” means a self-propelled vessel that is
constructed or adapted for the carriage of oil in bulk or in
commercial quantities as cargo.

SEC. 88.  

Section 46101 of the Revenue and Taxation Code is
amended to read:

46101.  

Every person who operates a refinery in this state, a
marine terminal in waters of the state, or operates a pipeline to
transport crude oil or petroleum products out of the state shall
register with the board.

SEC. 89.  

Section 13272 of the Water Code is amended to read:

13272.  

(a) Except as provided by subdivision (b), any person
who, without regard to intent or negligence, causes or permits any
oil or petroleum product to be discharged in or on any waters of
the state, or discharged or deposited where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(1) that person has knowledge of the discharge, (2) notification is
possible, and (3) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately
notify the Office of Emergency Services of the discharge in
accordance with the spill reporting provision of the California oil
spill contingency plan adopted pursuant to Article 3.5 (commencing
with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the
Government Code.

(b) The notification required by this section shall not apply to
a discharge in compliance with waste discharge requirements or
other provisions of this division.

(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine
of not less than five hundred dollars ($500) or more than five
thousand dollars ($5,000) per day for each day of failure to notify,
or imprisonment of not more than one year, or both. Except where
a discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land that does not result in a
discharge to the waters of this state. This subdivision shall not
apply to any person who is fined by the federal government for a
failure to report a discharge of oil.

(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in
a prosecution for perjury or giving a false statement.

(e) Immediate notification to the appropriate regional board of
the discharge, in accordance with reporting requirements set under
Section 13267 or 13383, shall constitute compliance with the
requirements of subdivision (a).

(f) The reportable quantity for oil or petroleum products shall
be one barrel (42 gallons) or more, by direct discharge to the
receiving waters, unless a more restrictive reporting standard for
a particular body of water is adopted.

end delete

begin delete SEC. 90. end delete
begin insert SEC. 15. end insert   

Nothing in this act is intended to limit the police
power or other authority of a local government or government
regulator to enforce any other state or federal environmental law
or regulation.

begin delete

SEC. 91.  

(a) The Director of Finance may make available for
expenditure in the 2014-15 fiscal year from the Oil Spill Prevention
and Administration Fund, established pursuant to Section 8670.38
of the Government Code, an augmentation of Item 0860-001-0320
of the Budget Act of 2014 in an amount equal to the reasonable
costs incurred by the State Board of Equalization associated with
amendments made to Section 8670.40 of the Government Code
in the 2013-14 Regular Session.

(b) Any augmentation shall be authorized no sooner than 30
days following the transmittal of the approval to the Chairperson
of the Joint Legislative Budget Committee.

end delete

begin delete SEC. 92. end delete
begin insert SEC. 16. end insert   

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

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert This act shall not become operative unless Senate
Bill 861 of the 2013-14 Regular Session is enacted and becomes
operative. end insert