BILL NUMBER: AB 864 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN SENATE JULY 2, 2015
AMENDED IN SENATE JUNE 9, 2015
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 15, 2015
INTRODUCED BY Assembly Members Williams and Burke
(Principal coauthor: Senator Jackson)
(Coauthors: Assembly Members Chiu, Rendon, Mark Stone, Ting, and
Wood)
FEBRUARY 26, 2015
An act to amend Sections 8670.28.5 and 8670.29 of , and to
add Section 51013.1 to, the Government Code, relating to oil
spill response.
LEGISLATIVE COUNSEL'S DIGEST
AB 864, as amended, Williams. Oil spill response: environmentally
and ecologically sensitive areas.
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
requires owners or operators of various facilities, including
pipelines, while operating in the waters of the state or where a
spill from the pipelines could impact state waters, to have an oil
spill contingency plan submitted to, and approved by, the
administrator for oil spill response to ensure prompt and adequate
response and removal action in case of a spill. The act requires the
operator to maintain a level of readiness that will allow effective
implementation of the applicable contingency plan.
This bill would require , by July 1, 2018, the
operators of pipelines in an interstate
pipeline near environmentally and ecologically sensitive
areas of state waters or along the coasts of those
areas , as provided, to use the best achievable
technologies to reduce the amount of oil released in an oil spill to
protect the state waters and wildlife, and to include a description
of the use of those technologies in their oil spill contingency
plans. The bill would require the Office of Spill Prevention and
Response to consult with the Office of the State Fire Marshal for
technical expertise, and would authorize the office to enter into a
memorandum of understanding, as provided, for purposes of
implementing the above provisions.
The Elder California Pipeline Safety Act of 1981, among other
things, requires the State Fire Marshal to adopt hazardous liquid
pipeline safety regulations in compliance with the federal law
relating to hazardous liquid pipeline safety. The act requires any
new pipeline constructed after January 1, 1984, and which normally
operates under conditions of constant flow and pressure, to be
designed and constructed in accordance with specified federal
regulations, and have a means of leak detection and cathodic
protection that the State Fire Marshal determines is acceptable. A
violation of the act is a crime. Except as provided, the act defines
"pipeline" as including every intrastate pipeline used to transport
hazardous liquid substances or highly volatile liquid substances, as
provided.
This bill would require any new or replacement pipeline near
environmentally and ecologically sensitive areas in the coastal zone
to use best achievable technologies to reduce the amount of oil
released in an oil spill to protect state waters and wildlife. The
bill would require, by July 1, 2018, an operator of the
above-described pipeline to submit a plan to retrofit existing
pipelines, as provided. By creating a new crime, the bill would
impose a state-mandated local program. The bill would require the
State Fire Marshal to adopt regulations relating to the above
provisions by July 1, 2017.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8670.28.5 of the Government Code is amended to
read:
8670.28.5. (a) An operator shall maintain a level of readiness
that will allow effective implementation of the applicable
contingency plans.
(b) An (1)
By July 1, 2018, an operator of
a an interstate pipeline in
subject to Part 195 of Title 49 of the Code of Federal
Regulations near environmentally and ecologically sensitive
areas of state waters and along the coasts of those areas
in the coastal zone shall use best achievable
technology, including, but not limited to, the installation of leak
detection technology, automatic shutoff valves,
systems, or remote controlled sectionalized block valves,
or any combination of these technologies, based on a risk
analysis conducted by the operator, to reduce the
amount of oil released in an oil spill to protect state waters and
wildlife.
(2) For purposes of implementing this subdivision, the Office of
Spill Prevention and Response shall consult with the Office of the
State Fire Marshal for technological expertise and may enter into a
memorandum of understanding to clarify roles and responsibilities.
(3) By July 1, 2017, the administrator shall develop guidelines to
assess the adequacy of the operator's risk analysis.
SEC. 2. 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).
(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) An oil spill contingency plan for a pipeline in
an interstate pipeline subject to Part 195 of Title 49
of the Code of Federal Regulations near environmentally and
ecologically sensitive areas of state waters or along the
coasts of those areas in the coastal zone subject to
the requirements of subdivision (b) of Section 8670.28.5 shall
include a description of how the operators are using the best
achievable technology, including, but not limited to, installation of
leak detection technologies, automatic shutoff valves,
systems, or remote controlled sectionalized
block valves, or any combination of these technologies, based on
a risk analysis conducted by the operator, to reduce the
amount of oil released in an oil spill to protect state waters and
wildlife.
(g) The oil spill contingency plan shall be available to response
personnel and to relevant state and federal agencies for inspection
and review.
(h) 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.
(i) 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.
(j) 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 shall identify a
rated OSRO in the contingency plan no later than January 1, 2016.
SEC. 3. Section 51013.1 is added to the
Government Code , to read:
51013.1. (a) Any new or replacement pipeline near environmentally
and ecologically sensitive areas in the coastal zone shall use best
achievable technology, including, but not limited to, the
installation of leak detection technology, automatic shutoff systems,
or remote controlled sectionalized block valves, or any combination
of these technologies, based on a risk analysis conducted by the
operator, to reduce the amount of oil released in an oil spill to
protect state waters and wildlife.
(b) By July 1, 2018, an operator of a pipeline near
environmentally and ecologically sensitive areas in the coastal zone
shall submit a plan to retrofit existing pipelines near
environmentally and ecologically sensitive areas in the coastal zone
with the best achievable technology, including, but not limited to,
installation of leak detection technologies, automatic shutoff
systems, or remote controlled sectionalized block valves, or any
combination of these technologies, based on a risk analysis conducted
by the operator to reduce the amount of oil released in an oil spill
to protect state waters and wildlife.
(c) The State Fire Marshal shall adopt regulations pursuant to
this section, including a definition of automatic shutoff systems, by
July 1, 2017.
(d) An operator of a pipeline near environmentally and
ecologically sensitive areas in the coastal zone shall notify the
Office of the State Fire Marshal of any new construction or retrofit
of pipeline in these waters.
(e) For purposes of implementing this section, the State Fire
Marshal shall consult with the Office of Spill Prevention and
Response about the potential impacts to state water and wildlife.
(f) For purposes of this section, "environmentally and
ecologically sensitive areas" is the same term as described in
subdivision (d) of Section 8574.7.
(e) For purposes of this section, "best achievable technology" has
the same meaning as in subdivision (c) of Section 8670.3.
SEC. 4. The provisions of this act are severable.
If any provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.
SEC. 5. 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.