BILL NUMBER: SB 414	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 2, 2015
	AMENDED IN ASSEMBLY  JUNE 19, 2015
	AMENDED IN ASSEMBLY  JUNE 3, 2015
	AMENDED IN SENATE  APRIL 14, 2015

INTRODUCED BY   Senator Jackson
   (Principal coauthor: Assembly Member Williams)

                        FEBRUARY 25, 2015

   An act to amend Sections  8670.8.5,  8670.12,
8670.13,  8670.28,  and 8670.67.5 of, and to add Sections
8670.11, 8670.12.1,  8670.13.3, 8670.31.5, and 8670.43
  and 8670.13.3  to, the Government Code, relating
to oil spill response.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 414, as amended, Jackson. Oil spill 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. The act
authorizes the administrator to use volunteer workers in response,
containment, restoration, wildlife rehabilitation, and cleanup
efforts for oil spills in waters of the state. Existing law requires
the administrator to evaluate the feasibility of using commercial
fishermen and other mariners for oil spill containment and cleanup.
 Existing law authorizes oil spill response organizations to
apply to the administrator for a rating for that organization's
response capabilities. 
   This bill would require the administrator, in cooperation with the
United States Coast Guard, to conduct an independent vessel traffic
assessment for all deepwater ports that may inform an area rescue
towing plan for the approaches to the ports and to establish a
schedule of drills and exercises that are required under the federal
Salvage and Marine Firefighting regulations. The bill would require
the administrator to develop and implement regulations  for
oil spill response organizations   and guidelines
requiring operators  to allow immediate response to an oil spill
by contracted fishing vessels and fishing  crews. The bill
would require the administrator, by regulation, to require oil spill
response organizations to have specified oil spill response
equipment.   crews and providing for emergency drills
and training.  The bill would require the administrator, on or
before July 1, 2016, to submit to the Legislature a report assessing
the best  available   achievable 
technology  and   for  equipment 
based on the estimated system recovery potential  for oil
spill prevention and  response.   response, as
provided, and to update   regulations based on the report
before July 1, 2017.  
   (2) The act requires operators of specified vessels and facilities
to submit to the administrator an oil spill contingency plan to
determine whether the plan meets applicable requirements. The act
requires an operator to resubmit the plan to the administrator every
5 years.  
   This bill would require the administrator to adopt, by regulation,
methodology to rate the oil spill prevention and response equipment
listed in the plan to maintain the best achievable protection
standards through the use of equipment that is the best available
technology. The bill would require the administrator, every 5 years,
to provide to the Legislature a report that justifies the regulations
and methodology.  
   (3) 
    (2)  The act requires the administrator to license oil
spill cleanup agents for use in response to oil spills. The federal
Coastal Zone Management Act of 1972 (federal act) requires federal
agency activities to be carried out in a manner that is consistent,
to the maximum extent practicable, with an approved state management
plan. Existing federal law authorizes the California Coastal
Commission, the designated state agency, to conduct federal
consistency review to ensure federal agency activities are consistent
with the California Coastal Management Program.
   This bill would prohibit the use of chemical oil spill cleanup
agents in the waters of the state. 
   (4) 
    (3)  The act makes a person who causes or permits a
spill or inland spill strictly liable for specified penalties for the
spill on a per-gallon-released basis. The act provides that the
amount of penalty is reduced by the amount of released oil that is
recovered and properly disposed of.
   This bill would provide that the above reduction in the penalty
for spills, including inland spills, of greater than 500 gallons, is
only applicable to the amount of oil recovered and properly disposed
of within 2 weeks of the start of the spill.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 8670.8.5 of the Government
Code is amended to read:
   8670.8.5.  (a) 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.
   (b) (1) The administrator shall develop and implement regulations
for oil spill response organizations to allow immediate response to
an oil spill by contracted fishing vessels and fishing crews and that
shall provide for regularly scheduled emergency drills and training
in areas that include the following:
   (A) Shoreline protection.
   (B) Towing boom and skimmers.
   (C) Working with minibarges.
   (D) Loading and unloading equipment from response barges.
   (2) In developing the regulations, the administrator shall
consider the fishing vessel training program funded and maintained by
Alyeska's Ship Escort/Response Vessel System, with regard to
training, liability, insurance, compensation, and post response
vessel cleanup. 
   SEC. 2.   SECTION 1.   Section 8670.11
is added to the Government Code, to read:
   8670.11.  In addition to Section 8670.10, the administrator, in
cooperation with the United States Coast Guard, shall establish a
schedule of drills and exercises required pursuant to Section
155.4052 of Title 33 of the Code of Federal Regulations. The
administrator shall make publicly available the established schedule.

   SEC. 3.   SEC. 2.   Section 8670.12 of
the Government Code is amended to read:
   8670.12.  (a) The administrator shall conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in 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.
   (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,
bioremediation, and biological 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, bioremediation, and biological agents
to ensure they are used only in situations where the administrator
determines they are effective and safe.
   (c) 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.
   SEC. 4.   SEC. 3.   Section 8670.12.1 is
added to the Government Code, to read:
   8670.12.1.  The administrator, in cooperation with the United
States Coast Guard, shall conduct an independent vessel traffic risk
assessment for all deepwater ports that may inform an area rescue
towing plan for the approaches to the ports.
   SEC. 5.   SEC. 4.   Section 8670.13 of
the Government Code is amended to read:
   8670.13.  (a) The administrator shall periodically evaluate the
feasibility of requiring new technologies to aid prevention,
response, containment, cleanup, and wildlife rehabilitation.
   (b) (1) On or before July 1, 2016, the administrator shall submit
a report to the Legislature, pursuant to Section 9795, assessing the
best  available   achievable  technology
 and   of  equipment  based on the
estimated system recovery potential  for oil spill
prevention and response, including, but not limited to, prevention
and response tugs, tractor tugs,  salve  
salvage  and marine firefighting tugs, oil spill skimmers and
barges, and protective in-water boom equipment.  The assessment
shall include all of the following:  
   (A) Evaluation of equipment based on its estimated system recovery
potential.  
   (B) Updating the methodology for rating equipment, such as oil
containment, skimming, storage and oil and water separation
technologies, and an explanation of why the new methodology provides
the best achievable protection.  
   (C) Evaluation of the most current oil spill and response
equipment for increase capability, including, but not limited to, new
generation, high-efficiency disc skimmers, including high-efficiency
skimming NOFI Current Busters, or their equivalent, and Elastec
grooved disc skimmers, or their equivalent.  
   (D) Consideration of whether a purpose-built, prepositioned
prevention and response tug with appropriate size, bollard pull,
horsepower, propulsion, seakeeping, and maneuverability to meet Det
Norske Veritas criteria for emergency towing would lead to increased
capability to provide best achievable protection. 
   (2) In conducting the assessment, the administrator shall consult
the  most recent  peer-reviewed research  on oil spill
prevention and response, including, but not limited to, research
 performed by the Prince William Sound Regional Citizens'
Advisory Council as well as estimated system recovery potential
research done at Genwest Systems, Inc., and Spiltec.
   (3) Pursuant to Section 10231.5, this subdivision is inoperative
on July 1, 2020.
   (c)  (1)    Based on the report prepared
pursuant to subdivision (b), the administrator shall 
establish standards   update regulations governing the
adequacy of oil spill contingency plans  for best achievable
technologies for oil spill prevention and response no later than July
1, 2017. 
   (2) The updated regulations shall enhance the capabilities for
prevention, response, containment, cleanup, and wildlife
rehabilitation. 
   SEC. 6.   SEC. 5.   Section 8670.13.3 is
added to the Government Code, to read:
   8670.13.3.  (a) Notwithstanding any law, chemical oil spill
cleanup agents shall not be used in response to an oil spill within
the waters of the state.
   (b) For purposes of this section, "waters of the state" means any
surface water, including saline water, within the boundary of the
state.
   SEC. 6.    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. 
   (f) (1) The administrator shall develop and implement regulations
and guidelines requiring operators to allow immediate response to an
oil spill by contracted fishing vessels and fishing crews and
providing for regularly scheduled emergency drills and training in
areas that include all of the following:  
   (A) Shoreline protection.  
   (B) Towing boom and skimmers.  
   (C) Working with minibarges.  
   (D) Loading and unloading equipment from response barges. 

   (2) In developing the regulations, the administrator shall
consider the fishing vessel training program funded and maintained by
Alyeska's Ship Escort/Response Vessel System, with regard to
training, liability, insurance, compensation, and post response
vessel cleanup.  
  SEC. 7.    Section 8670.31.5 is added to the
Government Code, to read:
   8670.31.5.  (a) For offshore oil spill response, the administrator
shall, by regulation, establish a methodology for rating equipment,
such as oil containment, skimming, storage, and oil/water separation
technologies, listed in an oil spill contingency plan to maintain the
best achievable protection standards through the use of equipment
that is the best available technology.
   (b) The administrator shall provide a report to the Legislature
every five years that justifies the regulations adopted and
methodologies established pursuant to subdivision (a). The report to
the Legislature shall be delivered as provided in Section 9795 of the
Government Code.  
  SEC. 8.    Section 8670.43 is added to the
Government Code, to read:
   8670.43.  Pursuant to paragraph (4) of subdivision (e) of Section
8670.40, the administrator shall require, by regulation, all oil
spill response organizations to have in their response fleets both of
the following:
   (a) At least two new-generation, high-efficiency disc skimmers.
This equipment shall include high-efficiency skimming NOFI Current
Busters, or their equivalent, and Elastec grooved disc skimmers, or
their equivalent.
   (b) A purpose-built, prepositioned prevention and response tug
with appropriate size, bollard pull, horsepower, propulsion,
seakeeping, and maneuverability to meet Det Norske Veritas criteria
for emergency towing. 
   SEC. 9.   SEC. 7.   Section 8670.67.5 of
the Government Code is amended to read:
   8670.67.5.  (a) Regardless of intent or negligence, any person who
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. Except as provided in
subdivision (d), 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. Except as provided in subdivision (d),
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) (1) For a spill of greater than 500 gallons, the penalty
assessed pursuant to subdivision (b) or (c) shall only be reduced for
every gallon of released oil that is recovered and properly disposed
of in accordance with applicable law within two weeks of the start
of the spill.
   (2) Notwithstanding Section 8670.69.7, any increase in the amount
of a penalty assessed for an inland spill resulting from the
operation of paragraph (1) shall be deposited in the Environmental
Enhancement Fund pursuant to Section 8670.70.
   (e) The administrator shall adopt regulations governing the method
for determining the amount of oil that is cleaned up.