BILL NUMBER: AB 864 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 1, 2015
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,
January 1, 2019, the operators of an interstate pipeline near
environmentally and ecologically sensitive 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 require, by
January 1, 2018, 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 an existing pipeline near
these sensitive areas to submit a plan to retrofit
existing pipelines the pipeline, by January 1, 2020
, 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: 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) (1) By July 1, 2018, January 1, 2019
, an operator of an interstate pipeline subject to
Part 195 of Title 49 of the Code of Federal Regulations 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.
(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, January 1, 2018,
the administrator shall develop guidelines to assess the adequacy of
the operator's risk analysis. analysis and
shall determine how near an environmentally and ecologically
sensitive area a pipeline must be to be subject to the requirements
of this section based on the likelihood of the pipeline impacting
that area.
(c) For purposes of this section, and notwithstanding paragraph
(2) of subdivision (c) of Section 8670.3, the State Fire Marshal
shall determine what is the best achievable technology and shall
consider the effectiveness and engineering feasibility of the
technology when making this determination.
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) (1) An oil spill contingency plan for an
interstate pipeline subject to Part 195 of Title 49 of the Code of
Federal Regulations near environmentally and ecologically sensitive
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 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 this subdivision, and notwithstanding
paragraph (2) of subdivision (c) of Section 8670.3, the State Fire
Marshal shall determine what is the best achievable technology and
shall consider the effectiveness and engineering feasibility of the
technology when making this determination.
(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 By January 1, 2018, 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) (1) By July 1, 2018, an operator of
a an existing pipeline near
environmentally and ecologically sensitive areas in the coastal zone
shall submit a plan to retrofit retrofit, by
January 1, 2020, 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.
(2) An operator may request confidential treatment of information
submitted in the plan required by paragraph (1) or contained in any
documents associated with the risk analysis described in this
section, including, but not limited to, information regarding the
proposed location of automatic shutoff valves or remote controlled
sectionalized block valves.
(c) The State Fire Marshal shall adopt regulations pursuant to
this section, including a definition of automatic shutoff
systems, section by July 1, 2017. The
regulations shall include, but not be limited to, all of the
following:
(1) A definition of automatic shutoff systems.
(2) A process to assess the adequacy of the operator's risk
analysis.
(3) A process by which an operator may request confidential
treatment of information submitted in the plan required by paragraph
(1) of subdivision (b) or contained in any documents associated with
the risk analysis described in this section.
(4) A determination of how near to an environmentally and
ecologically sensitive area a pipeline must be to be subject to the
requirements of this section based on the likelihood of the pipeline
impacting those areas.
(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)
(g) (1) For purposes of this
section, "best achievable technology" has the same meaning
as in subdivision (c) of Section 8670.3. 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) The State Fire Marshal shall determine what is the best
achievable technology and shall consider the effectiveness and
engineering feasibility of the technology when making this
determination.
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.