California Assembly Bill AB864 Amended / Bill

 BILL NUMBER: AB 864AMENDED BILL TEXT 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  Member   Williams   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 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 the operators of pipelines in environmentally and ecologically sensitive areas of state waters or along the coasts of those areas to use the best  available   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. 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 8670.28.5 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 operator of a pipeline in environmentally and ecologically sensitive areas of state waters and along the coasts of those areas shall use best  available   achievable  technology, including, but not limited to, the installation of  leak detection technology,  automatic shutoff  valves   valves,  or remote controlled sectionalized block valves, or  both of those types of valves,   any combination of these technologies,  to reduce the amount of oil released in an oil spill to protect state waters and wildlife. 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 environmentally and ecologically sensitive areas of state waters or along the coasts of those areas shall include a description of how the operators are using the best  available   achievable  technology, including, but not limited to, installation of  leak detection technologies,  automatic shutoff  valves   valves,  or remote controlled sectionalized block valves, or  both of those types of valves,   any combination of these technologies,  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.