BILL NUMBER: AB 234AMENDED BILL TEXT AMENDED IN SENATE JUNE 9, 2010 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, or an oil transfer operation, 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 or oil transfer operation to have, among other things, equipment compatible with a vessel traffic advisory control system and a high level alarm and tank overflow alarm to alert crew . 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.(3) "Marine terminal" means a facility, including a mobile transfer unit, other than a vessel, located on or adjacent to marine waters in California, used for transferring oil to or from a tank vessel or barge. The term includes all parts of the facility, including, but not limited to, structures, equipment, and appurtenances thereto used or capable of being used to transfer oil to or from a tank vessel or barge. A marine terminal includes all piping not integrally connected to a tank facility. (4) "Oil transfer operation" means any of the following: (A) An oil transfer, other than an internal vessel transfer, regardless of the quantity of oil being transferred, conducted within California marine waters, or a shore-based transfer where a spill could impact California marine waters. (B) A drydock-associated oil transfer including, but not limited to, an oil transfer to or from a tank vessel or nontank vessel in drydock. (C) An oil transfer to or from a portable or fixed tank within a drydock. (D) An oil transfer to or from a drydock. (E) A vessel engaged in an oil transfer operation. (5) "Tank facility" means any one or combination of aboveground storage tanks, including piping that is integral to the tank, that contains crude oil or its fraction and that is used by a single business entity at a single location or site. A pipe is integrally related to an aboveground storage tank if the pipe is connected to the tank and meets any of the following: (A) The pipe is within the dike or containment area. (B) The pipe is connected to the first flange or valve after the piping exits the containment area. (C) The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area. (6) "Transfer unit" means a tank vessel, nontank vessel, or marine facility from which oil is transferred to another vessel or marine facility that is not a marine terminal during an oil transfer operation. "Transfer unit" does not include any of the following: (A) An oil transfer to or from a marine terminal. (B) An onshore facility as defined in subdivision (l) of Section 8750 of the Public Resources Code. (C) A nontank vessel with a carrying capacity of less than 250 barrels. (D) A public vessel as defined in Section 2701 of Title 33 of the United States Code. (E) A small craft refueling dock as defined in subdivision (ab) of Section 8670.3. (b) (1) A transfer unit or an oil transfer operation 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 oil transfer operation, the transfer unit or oil transfer operation shall preboom each oil transfer for the duration of the entire transfer operation. (2) In order to preboom transfers, the transfer unit or oil transfer operation 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. (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 oil transfer operation, or the transfer unit or oil transfer operation may preboom the portion of the vessel and transfer area that will provide for maximum containment of any oil spilled into the water. (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. (5) The transfer unit or oil transfer operation 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. (6) Within one hour of an oil spill, the transfer unit or oil transfer operation shall be able to complete deployment of the remaining boom, should it be necessary for containment, protection, or recovery purposes. (c) The transfer unit or oil transfer operation shall have functional equipment that is compatible with any vessel traffic advisory control system that is established along the California coast. (d) A transfer unit engaged in an oil transfer operation shall be equipped with a properly functioning high level alarm and tank overflow alarm to alert crew. The high level alarm and tank overflow alarm shall do all of the following: (1) Be independent of each other. (2) Alarm in the event of loss of power to the alarm system or failure of electrical circuitry to the tank level sensor. (3) Be able to be checked at the tank for proper operation prior to each transfer or contain an electronic self-testing feature that monitors the condition of the alarm circuitry and sensor. (4) Have audible and visible alarm indicators that can be seen and heard on the vessel where the oil transfer operation is controlled. (5) Alarm early enough to allow the person in charge of the oil transfer operation to stop the transfer operation before an overflow occurs.(d)(e) The transfer unit or oil transfer operation , 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.