BILL NUMBER: AB 234AMENDED BILL TEXT AMENDED IN SENATE JUNE 1, 2010 AMENDED IN SENATE DECEMBER 16, 2009 AMENDED IN SENATE JULY 16, 2009 AMENDED IN SENATE JUNE 9, 2009 AMENDED IN ASSEMBLY MAY 18, 2009 AMENDED IN ASSEMBLY MAY 6, 2009 AMENDED IN ASSEMBLY APRIL 23, 2009 AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Huffman FEBRUARY 5, 2009 An act to add Section 8670.17.3 to the Government Code, relating to oil spills. LEGISLATIVE COUNSEL'S DIGEST AB 234, as amended, Huffman. Oil spill prevention and response: transfer of oil. 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 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 requires the administrator to adopt and implement regulations regarding the equipment, personnel, and operation of vessels to and from marine terminals that are used to transfer oil. This bill would require a transfer unit, as defined, to provide at the point of transfer of oil appropriate equipment and supplies for the containment and removal of oil spills in water adjacent to a transfer site. The bill would also require the transfer unit to have, among other things, equipment compatible with a vessel traffic advisory control system. 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 8670.17.3 is added to the Government Code, to read: 8670.17.3. (a) For purposes of this section, the following definitions apply: (1) "#1 and #2 grade oils" have the same meaning as defined in Section 841(a) of Title 14 of the California Code of Regulations. (2) "Boom" has the same meaning as defined in Section 841(b) of Title 14 of the California Code of Regulations. (3) "Transfer unit" has the same meaning as defined in Section 841 (i) of Title 14 of the California Code of Regulations. "Transfer unit" does not include an onshore terminal or offshore terminal referred to in Section 2395 of Title 2 of the California Code of Regulations. (b) (1) A transfer unit shall provide at the point of transfer of oil appropriate equipment and supplies for the containment and removal of spills of both persistent oil and #1 and #2 grade oils in water adjacent to the transfer site. Prior to beginning the transfer operation, the transfer unit shall preboom each oil transfer for the duration of the entire transfer operation.(1)(2) In order to preboom transfers, the transfer unit shall have, prior to the transfer, access to a boom four times the length of the largest vessel involved in the transfer or 2,000 feet in length, whichever is less.(2)(3) The transfer unit shall deploy the boom so that it completely surrounds the vessel and facility or terminal dock area directly involved in the transfer operation, or the transfer unit may preboom the portion of the vessel and transfer area that will provide for maximum containment of any oil spilled into the water.(3)(4) The boom shall be deployed with a minimum stand-off of five feet away from the sides of a vessel,measured at the waterline. This stand-off may be modified for short durations needed to meet the operational needs of a vessel, facility, or terminal.(4)(5) The transfer unit shall periodically check the boom positioning and adjust it as necessary throughout the duration of the transfer, and specifically during tidal changes and significant wind or wave events.(5)(6) Within one hour of an oil spill, the transfer unit shall be able to complete deployment of the remaining boom, should it be necessary for containment, protection, or recovery purposes. (c) The transfer unit shall have functional equipment that is compatible with any vessel traffic advisory control system that is established along the California coast. (d) The transfer unit, while in marine waters, shall at all times have at least one person on the bridge who is able to communicate fluently and effectively both in English and in the language of the master of the vessel.