CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 709Introduced by Senator Wiener(Coauthors: Senators Allen, Beall, Hill, McGuire, Skinner, and Stern)February 17, 2017 An act to amend Sections 8670.29, 8670.30, and 8670.35 of the Government Code, relating to oil spills. LEGISLATIVE COUNSEL'S DIGESTSB 709, as introduced, Wiener. Oil spill response and contingency planning.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, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the administrator to adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented and requires the regulations to provide for the best achievable protection of coastal and marine waters. Existing law requires 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, to have an oil spill contingency plan that complies with the rules, regulations, and policies established by the administrator, that meets specified minimum requirements, and that has been submitted to, and approved by, the administrator.This bill would, if nonfloating oil, such as tar sand, is present, require that the oil spill contingency plan that is filed with and approved by the administrator identifies one oil spill response organization (OSRO) capable of oil spill response activities related to that nonfloating oil. The bill would additionally require the oil spill contingency plan to describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil.Existing law authorizes an OSRO to apply to the administrator for a rating of that OSROs response capabilities. Upon receiving a completed application for rating, the administrator is required to review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, including specified elements.This bill would require that those elements include the type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing. The bill would require that certain regulations adopted by the administrator be consistent with the 2016 United States Coast Guard OSRO classification program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 a recognized 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. If nonfloating oil, such as tar sand, is present, the contingency plan shall identify at least one OSRO capable of oil spill response activities related to that nonfloating oil.(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.(10) If nonfloating oil, such as tar sand, is present, describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil, including a description of any limitations of those procedures, techniques, and technologies and alternative procedures, techniques and demonstrated technologies that can overcome these limitations.(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) The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review.(g) 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.(h) 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.(i) 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. 2. Section 8670.30 of the Government Code is amended to read:8670.30. (a) An oil spill response organization may apply to the administrator for a rating of that OSROs response capabilities. The administrator shall establish rating levels for classifying OSROs pursuant to subdivision (b).(b) Upon receiving a completed application for rating, the administrator shall review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, which shall include, but is not limited to, all of the following elements:(1) The geographic region or regions of the state where the OSRO intends to operate.(2) Timeframes for having response resources on-scene and deployed.(3) The type of equipment that the OSRO will use and the location of the stored equipment.(4) The volume of oil that the OSRO is capable of recovering and containing.(5) The type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing.(c) The administrator shall not issue a rating until the applicant OSRO completes an unannounced drill. The administrator may call a drill for every distinct geographic area in which the OSRO requests a rating. The drill shall test the resources and response capabilities of the OSRO, including, but not limited to, on water containment and recovery, environmentally sensitive habitat protection, and storage. If an OSRO fails to successfully complete a drill, the administrator shall not issue the requested rating, but the administrator may rate the OSRO at a rating lesser than the rating sought with the application. If an OSRO is denied a requested rating, the OSRO may reapply for rating.(d) A rating issued pursuant to this section shall be valid for three years unless modified, suspended, or revoked. The administrator shall review the rating of each rated OSRO at least once every three years. The administrator shall not renew a rating unless the OSRO meets criteria established by the administrator, including, at a minimum, that the rated OSRO periodically tests and drills itself, including testing protection of environmentally sensitive sites, during the three-year period.(e) The administrator shall require a rated OSRO to demonstrate that the rated OSRO can deploy the response resources required to meet the applicable provisions of an oil spill contingency plan in which the OSRO is listed. These demonstrations may be achieved through inspections, announced and unannounced drills, or by any other means.(f) (1) Except as provided in paragraph (6), each rated OSRO shall satisfactorily complete at least one unannounced drill every three years after receiving its rating.(2) The administrator may modify, suspend, or revoke an OSROs rating if a rated OSRO fails to satisfactorily complete a drill.(3) The administrator may require the satisfactory completion of one unannounced drill of each rated OSRO prior to being granted a modified rating, and shall require satisfactory completion of one unannounced drill for each rated OSRO prior to being granted a renewal or prior to reinstatement of a revoked or suspended rating.(4) A drill for the protection of environmentally sensitive areas shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill.(5) The response resources to be deployed by a rated OSRO within the first six hours of a spill or drill shall be dedicated response resources or be owned and controlled by a rated OSRO that are sufficient to meet the spill response planning requirements of the OSROs client owner or operator. This requirement does not preclude a rated OSRO from bringing in additional response resources. The administrator may, by regulation, permit a lesser requirement for dedicated or OSRO owned and controlled response resources for shoreline protection.(6) The administrator may determine that actual satisfactory spill response performance during the previous three years may be substituted in lieu of a drill.(7) The administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the administrator.(8) The administrator shall determine whether an unannounced drill called upon an OSRO by a federal agency during the previous three years qualifies as an unannounced drill for the purposes of this subdivision.(g) Each rated OSRO shall provide reasonable notice to the administrator about each future drill, and the administrator, or his or her designee, may attend the drill.(h) The costs incurred by an OSRO to comply with this section and the regulations adopted pursuant to this section, including drills called by the administrator, shall be the responsibility of the OSRO. All local, state, and federal agency costs incurred in conjunction with participation in a drill shall be borne by each respective agency.(i) (1) A rating awarded pursuant to this section is personal and applies only to the OSRO that receives that rating and the rating is not transferable, assignable, or assumable. A rating does not constitute a possessory interest in real or personal property.(2) If there is a change in ownership or control of the OSRO, the rating of that OSRO is null and void and the OSRO shall file a new application for a rating pursuant to this section.(3) For purposes of this subdivision, a change in ownership or control includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity.(j) The administrator may charge a reasonable fee to process an application for, or renewal of, a rating.(k) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall appropriately address all of the following:(1) Criteria for successful completion of a drill.(2) The amount and type of response resources that are required to be available to respond to a particular volume of spilled oil during specific timeframes within a particular region.(3) Regional requirements.(4) Training.(5) The process for applying for a rating, and for suspension, revocation, appeal, or other modification of a rating.(6) Ownership and employment of response resources.(7) Conditions for canceling a drill due to hazardous or other operational circumstances.(l) Any letter of approval issued from the administrator before January 1, 2002, that rates an OSRO shall be deemed to meet the requirements of this section for three years from the date of the letters issuance or until January 1, 2003, whichever date occurs later.SEC. 3. Section 8670.35 of the Government Code is amended to read:8670.35. (a) The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee.(b) The administrator may offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.(c) Each oil spill element established under this section shall include provisions for training fire and police personnel in oil spill response and cleanup equipment use and operations.(d) Each oil spill element prepared under this section shall be consistent with the local governments local coastal program as certified under Section 30500 of the Public Resources Code, the California oil spill contingency plan, and the National Contingency Plan. Plan, and the 2016 United States Coast Guard OSRO classification program.(e) If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the agency that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency shall submit a new or modified element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications.(f) The administrator shall review the preparedness of unified program agencies to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government preparedness should be improved, the administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund for the purposes of this section.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 709Introduced by Senator Wiener(Coauthors: Senators Allen, Beall, Hill, McGuire, Skinner, and Stern)February 17, 2017 An act to amend Sections 8670.29, 8670.30, and 8670.35 of the Government Code, relating to oil spills. LEGISLATIVE COUNSEL'S DIGESTSB 709, as introduced, Wiener. Oil spill response and contingency planning.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, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the administrator to adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented and requires the regulations to provide for the best achievable protection of coastal and marine waters. Existing law requires 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, to have an oil spill contingency plan that complies with the rules, regulations, and policies established by the administrator, that meets specified minimum requirements, and that has been submitted to, and approved by, the administrator.This bill would, if nonfloating oil, such as tar sand, is present, require that the oil spill contingency plan that is filed with and approved by the administrator identifies one oil spill response organization (OSRO) capable of oil spill response activities related to that nonfloating oil. The bill would additionally require the oil spill contingency plan to describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil.Existing law authorizes an OSRO to apply to the administrator for a rating of that OSROs response capabilities. Upon receiving a completed application for rating, the administrator is required to review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, including specified elements.This bill would require that those elements include the type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing. The bill would require that certain regulations adopted by the administrator be consistent with the 2016 United States Coast Guard OSRO classification program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 709
Introduced by Senator Wiener(Coauthors: Senators Allen, Beall, Hill, McGuire, Skinner, and Stern)February 17, 2017
Introduced by Senator Wiener(Coauthors: Senators Allen, Beall, Hill, McGuire, Skinner, and Stern)
February 17, 2017
An act to amend Sections 8670.29, 8670.30, and 8670.35 of the Government Code, relating to oil spills.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 709, as introduced, Wiener. Oil spill response and contingency planning.
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, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the administrator to adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented and requires the regulations to provide for the best achievable protection of coastal and marine waters. Existing law requires 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, to have an oil spill contingency plan that complies with the rules, regulations, and policies established by the administrator, that meets specified minimum requirements, and that has been submitted to, and approved by, the administrator.This bill would, if nonfloating oil, such as tar sand, is present, require that the oil spill contingency plan that is filed with and approved by the administrator identifies one oil spill response organization (OSRO) capable of oil spill response activities related to that nonfloating oil. The bill would additionally require the oil spill contingency plan to describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil.Existing law authorizes an OSRO to apply to the administrator for a rating of that OSROs response capabilities. Upon receiving a completed application for rating, the administrator is required to review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, including specified elements.This bill would require that those elements include the type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing. The bill would require that certain regulations adopted by the administrator be consistent with the 2016 United States Coast Guard OSRO classification program.
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, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the administrator to adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented and requires the regulations to provide for the best achievable protection of coastal and marine waters. Existing law requires 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, to have an oil spill contingency plan that complies with the rules, regulations, and policies established by the administrator, that meets specified minimum requirements, and that has been submitted to, and approved by, the administrator.
This bill would, if nonfloating oil, such as tar sand, is present, require that the oil spill contingency plan that is filed with and approved by the administrator identifies one oil spill response organization (OSRO) capable of oil spill response activities related to that nonfloating oil. The bill would additionally require the oil spill contingency plan to describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil.
Existing law authorizes an OSRO to apply to the administrator for a rating of that OSROs response capabilities. Upon receiving a completed application for rating, the administrator is required to review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, including specified elements.
This bill would require that those elements include the type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing. The bill would require that certain regulations adopted by the administrator be consistent with the 2016 United States Coast Guard OSRO classification program.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. 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 a recognized 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. If nonfloating oil, such as tar sand, is present, the contingency plan shall identify at least one OSRO capable of oil spill response activities related to that nonfloating oil.(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.(10) If nonfloating oil, such as tar sand, is present, describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil, including a description of any limitations of those procedures, techniques, and technologies and alternative procedures, techniques and demonstrated technologies that can overcome these limitations.(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) The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review.(g) 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.(h) 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.(i) 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. 2. Section 8670.30 of the Government Code is amended to read:8670.30. (a) An oil spill response organization may apply to the administrator for a rating of that OSROs response capabilities. The administrator shall establish rating levels for classifying OSROs pursuant to subdivision (b).(b) Upon receiving a completed application for rating, the administrator shall review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, which shall include, but is not limited to, all of the following elements:(1) The geographic region or regions of the state where the OSRO intends to operate.(2) Timeframes for having response resources on-scene and deployed.(3) The type of equipment that the OSRO will use and the location of the stored equipment.(4) The volume of oil that the OSRO is capable of recovering and containing.(5) The type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing.(c) The administrator shall not issue a rating until the applicant OSRO completes an unannounced drill. The administrator may call a drill for every distinct geographic area in which the OSRO requests a rating. The drill shall test the resources and response capabilities of the OSRO, including, but not limited to, on water containment and recovery, environmentally sensitive habitat protection, and storage. If an OSRO fails to successfully complete a drill, the administrator shall not issue the requested rating, but the administrator may rate the OSRO at a rating lesser than the rating sought with the application. If an OSRO is denied a requested rating, the OSRO may reapply for rating.(d) A rating issued pursuant to this section shall be valid for three years unless modified, suspended, or revoked. The administrator shall review the rating of each rated OSRO at least once every three years. The administrator shall not renew a rating unless the OSRO meets criteria established by the administrator, including, at a minimum, that the rated OSRO periodically tests and drills itself, including testing protection of environmentally sensitive sites, during the three-year period.(e) The administrator shall require a rated OSRO to demonstrate that the rated OSRO can deploy the response resources required to meet the applicable provisions of an oil spill contingency plan in which the OSRO is listed. These demonstrations may be achieved through inspections, announced and unannounced drills, or by any other means.(f) (1) Except as provided in paragraph (6), each rated OSRO shall satisfactorily complete at least one unannounced drill every three years after receiving its rating.(2) The administrator may modify, suspend, or revoke an OSROs rating if a rated OSRO fails to satisfactorily complete a drill.(3) The administrator may require the satisfactory completion of one unannounced drill of each rated OSRO prior to being granted a modified rating, and shall require satisfactory completion of one unannounced drill for each rated OSRO prior to being granted a renewal or prior to reinstatement of a revoked or suspended rating.(4) A drill for the protection of environmentally sensitive areas shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill.(5) The response resources to be deployed by a rated OSRO within the first six hours of a spill or drill shall be dedicated response resources or be owned and controlled by a rated OSRO that are sufficient to meet the spill response planning requirements of the OSROs client owner or operator. This requirement does not preclude a rated OSRO from bringing in additional response resources. The administrator may, by regulation, permit a lesser requirement for dedicated or OSRO owned and controlled response resources for shoreline protection.(6) The administrator may determine that actual satisfactory spill response performance during the previous three years may be substituted in lieu of a drill.(7) The administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the administrator.(8) The administrator shall determine whether an unannounced drill called upon an OSRO by a federal agency during the previous three years qualifies as an unannounced drill for the purposes of this subdivision.(g) Each rated OSRO shall provide reasonable notice to the administrator about each future drill, and the administrator, or his or her designee, may attend the drill.(h) The costs incurred by an OSRO to comply with this section and the regulations adopted pursuant to this section, including drills called by the administrator, shall be the responsibility of the OSRO. All local, state, and federal agency costs incurred in conjunction with participation in a drill shall be borne by each respective agency.(i) (1) A rating awarded pursuant to this section is personal and applies only to the OSRO that receives that rating and the rating is not transferable, assignable, or assumable. A rating does not constitute a possessory interest in real or personal property.(2) If there is a change in ownership or control of the OSRO, the rating of that OSRO is null and void and the OSRO shall file a new application for a rating pursuant to this section.(3) For purposes of this subdivision, a change in ownership or control includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity.(j) The administrator may charge a reasonable fee to process an application for, or renewal of, a rating.(k) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall appropriately address all of the following:(1) Criteria for successful completion of a drill.(2) The amount and type of response resources that are required to be available to respond to a particular volume of spilled oil during specific timeframes within a particular region.(3) Regional requirements.(4) Training.(5) The process for applying for a rating, and for suspension, revocation, appeal, or other modification of a rating.(6) Ownership and employment of response resources.(7) Conditions for canceling a drill due to hazardous or other operational circumstances.(l) Any letter of approval issued from the administrator before January 1, 2002, that rates an OSRO shall be deemed to meet the requirements of this section for three years from the date of the letters issuance or until January 1, 2003, whichever date occurs later.SEC. 3. Section 8670.35 of the Government Code is amended to read:8670.35. (a) The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee.(b) The administrator may offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.(c) Each oil spill element established under this section shall include provisions for training fire and police personnel in oil spill response and cleanup equipment use and operations.(d) Each oil spill element prepared under this section shall be consistent with the local governments local coastal program as certified under Section 30500 of the Public Resources Code, the California oil spill contingency plan, and the National Contingency Plan. Plan, and the 2016 United States Coast Guard OSRO classification program.(e) If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the agency that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency shall submit a new or modified element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications.(f) The administrator shall review the preparedness of unified program agencies to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government preparedness should be improved, the administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund for the purposes of this section.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. 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 a recognized 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. If nonfloating oil, such as tar sand, is present, the contingency plan shall identify at least one OSRO capable of oil spill response activities related to that nonfloating oil.(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.(10) If nonfloating oil, such as tar sand, is present, describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil, including a description of any limitations of those procedures, techniques, and technologies and alternative procedures, techniques and demonstrated technologies that can overcome these limitations.(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) The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review.(g) 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.(h) 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.(i) 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.
SECTION 1. Section 8670.29 of the Government Code is amended to read:
### SECTION 1.
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 a recognized 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. If nonfloating oil, such as tar sand, is present, the contingency plan shall identify at least one OSRO capable of oil spill response activities related to that nonfloating oil.(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.(10) If nonfloating oil, such as tar sand, is present, describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil, including a description of any limitations of those procedures, techniques, and technologies and alternative procedures, techniques and demonstrated technologies that can overcome these limitations.(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) The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review.(g) 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.(h) 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.(i) 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.
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 a recognized 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. If nonfloating oil, such as tar sand, is present, the contingency plan shall identify at least one OSRO capable of oil spill response activities related to that nonfloating oil.(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.(10) If nonfloating oil, such as tar sand, is present, describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil, including a description of any limitations of those procedures, techniques, and technologies and alternative procedures, techniques and demonstrated technologies that can overcome these limitations.(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) The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review.(g) 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.(h) 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.(i) 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.
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 a recognized 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. If nonfloating oil, such as tar sand, is present, the contingency plan shall identify at least one OSRO capable of oil spill response activities related to that nonfloating oil.(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.(10) If nonfloating oil, such as tar sand, is present, describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil, including a description of any limitations of those procedures, techniques, and technologies and alternative procedures, techniques and demonstrated technologies that can overcome these limitations.(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) The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review.(g) 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.(h) 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.(i) 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.
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 a recognized 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. If nonfloating oil, such as tar sand, is present, the contingency plan shall identify at least one OSRO capable of oil spill response activities related to that nonfloating oil.
(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.
(10) If nonfloating oil, such as tar sand, is present, describe procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating oil, including a description of any limitations of those procedures, techniques, and technologies and alternative procedures, techniques and demonstrated technologies that can overcome these limitations.
(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) The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review.
(g) 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.
(h) 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.
(i) 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. 2. Section 8670.30 of the Government Code is amended to read:8670.30. (a) An oil spill response organization may apply to the administrator for a rating of that OSROs response capabilities. The administrator shall establish rating levels for classifying OSROs pursuant to subdivision (b).(b) Upon receiving a completed application for rating, the administrator shall review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, which shall include, but is not limited to, all of the following elements:(1) The geographic region or regions of the state where the OSRO intends to operate.(2) Timeframes for having response resources on-scene and deployed.(3) The type of equipment that the OSRO will use and the location of the stored equipment.(4) The volume of oil that the OSRO is capable of recovering and containing.(5) The type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing.(c) The administrator shall not issue a rating until the applicant OSRO completes an unannounced drill. The administrator may call a drill for every distinct geographic area in which the OSRO requests a rating. The drill shall test the resources and response capabilities of the OSRO, including, but not limited to, on water containment and recovery, environmentally sensitive habitat protection, and storage. If an OSRO fails to successfully complete a drill, the administrator shall not issue the requested rating, but the administrator may rate the OSRO at a rating lesser than the rating sought with the application. If an OSRO is denied a requested rating, the OSRO may reapply for rating.(d) A rating issued pursuant to this section shall be valid for three years unless modified, suspended, or revoked. The administrator shall review the rating of each rated OSRO at least once every three years. The administrator shall not renew a rating unless the OSRO meets criteria established by the administrator, including, at a minimum, that the rated OSRO periodically tests and drills itself, including testing protection of environmentally sensitive sites, during the three-year period.(e) The administrator shall require a rated OSRO to demonstrate that the rated OSRO can deploy the response resources required to meet the applicable provisions of an oil spill contingency plan in which the OSRO is listed. These demonstrations may be achieved through inspections, announced and unannounced drills, or by any other means.(f) (1) Except as provided in paragraph (6), each rated OSRO shall satisfactorily complete at least one unannounced drill every three years after receiving its rating.(2) The administrator may modify, suspend, or revoke an OSROs rating if a rated OSRO fails to satisfactorily complete a drill.(3) The administrator may require the satisfactory completion of one unannounced drill of each rated OSRO prior to being granted a modified rating, and shall require satisfactory completion of one unannounced drill for each rated OSRO prior to being granted a renewal or prior to reinstatement of a revoked or suspended rating.(4) A drill for the protection of environmentally sensitive areas shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill.(5) The response resources to be deployed by a rated OSRO within the first six hours of a spill or drill shall be dedicated response resources or be owned and controlled by a rated OSRO that are sufficient to meet the spill response planning requirements of the OSROs client owner or operator. This requirement does not preclude a rated OSRO from bringing in additional response resources. The administrator may, by regulation, permit a lesser requirement for dedicated or OSRO owned and controlled response resources for shoreline protection.(6) The administrator may determine that actual satisfactory spill response performance during the previous three years may be substituted in lieu of a drill.(7) The administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the administrator.(8) The administrator shall determine whether an unannounced drill called upon an OSRO by a federal agency during the previous three years qualifies as an unannounced drill for the purposes of this subdivision.(g) Each rated OSRO shall provide reasonable notice to the administrator about each future drill, and the administrator, or his or her designee, may attend the drill.(h) The costs incurred by an OSRO to comply with this section and the regulations adopted pursuant to this section, including drills called by the administrator, shall be the responsibility of the OSRO. All local, state, and federal agency costs incurred in conjunction with participation in a drill shall be borne by each respective agency.(i) (1) A rating awarded pursuant to this section is personal and applies only to the OSRO that receives that rating and the rating is not transferable, assignable, or assumable. A rating does not constitute a possessory interest in real or personal property.(2) If there is a change in ownership or control of the OSRO, the rating of that OSRO is null and void and the OSRO shall file a new application for a rating pursuant to this section.(3) For purposes of this subdivision, a change in ownership or control includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity.(j) The administrator may charge a reasonable fee to process an application for, or renewal of, a rating.(k) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall appropriately address all of the following:(1) Criteria for successful completion of a drill.(2) The amount and type of response resources that are required to be available to respond to a particular volume of spilled oil during specific timeframes within a particular region.(3) Regional requirements.(4) Training.(5) The process for applying for a rating, and for suspension, revocation, appeal, or other modification of a rating.(6) Ownership and employment of response resources.(7) Conditions for canceling a drill due to hazardous or other operational circumstances.(l) Any letter of approval issued from the administrator before January 1, 2002, that rates an OSRO shall be deemed to meet the requirements of this section for three years from the date of the letters issuance or until January 1, 2003, whichever date occurs later.
SEC. 2. Section 8670.30 of the Government Code is amended to read:
### SEC. 2.
8670.30. (a) An oil spill response organization may apply to the administrator for a rating of that OSROs response capabilities. The administrator shall establish rating levels for classifying OSROs pursuant to subdivision (b).(b) Upon receiving a completed application for rating, the administrator shall review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, which shall include, but is not limited to, all of the following elements:(1) The geographic region or regions of the state where the OSRO intends to operate.(2) Timeframes for having response resources on-scene and deployed.(3) The type of equipment that the OSRO will use and the location of the stored equipment.(4) The volume of oil that the OSRO is capable of recovering and containing.(5) The type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing.(c) The administrator shall not issue a rating until the applicant OSRO completes an unannounced drill. The administrator may call a drill for every distinct geographic area in which the OSRO requests a rating. The drill shall test the resources and response capabilities of the OSRO, including, but not limited to, on water containment and recovery, environmentally sensitive habitat protection, and storage. If an OSRO fails to successfully complete a drill, the administrator shall not issue the requested rating, but the administrator may rate the OSRO at a rating lesser than the rating sought with the application. If an OSRO is denied a requested rating, the OSRO may reapply for rating.(d) A rating issued pursuant to this section shall be valid for three years unless modified, suspended, or revoked. The administrator shall review the rating of each rated OSRO at least once every three years. The administrator shall not renew a rating unless the OSRO meets criteria established by the administrator, including, at a minimum, that the rated OSRO periodically tests and drills itself, including testing protection of environmentally sensitive sites, during the three-year period.(e) The administrator shall require a rated OSRO to demonstrate that the rated OSRO can deploy the response resources required to meet the applicable provisions of an oil spill contingency plan in which the OSRO is listed. These demonstrations may be achieved through inspections, announced and unannounced drills, or by any other means.(f) (1) Except as provided in paragraph (6), each rated OSRO shall satisfactorily complete at least one unannounced drill every three years after receiving its rating.(2) The administrator may modify, suspend, or revoke an OSROs rating if a rated OSRO fails to satisfactorily complete a drill.(3) The administrator may require the satisfactory completion of one unannounced drill of each rated OSRO prior to being granted a modified rating, and shall require satisfactory completion of one unannounced drill for each rated OSRO prior to being granted a renewal or prior to reinstatement of a revoked or suspended rating.(4) A drill for the protection of environmentally sensitive areas shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill.(5) The response resources to be deployed by a rated OSRO within the first six hours of a spill or drill shall be dedicated response resources or be owned and controlled by a rated OSRO that are sufficient to meet the spill response planning requirements of the OSROs client owner or operator. This requirement does not preclude a rated OSRO from bringing in additional response resources. The administrator may, by regulation, permit a lesser requirement for dedicated or OSRO owned and controlled response resources for shoreline protection.(6) The administrator may determine that actual satisfactory spill response performance during the previous three years may be substituted in lieu of a drill.(7) The administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the administrator.(8) The administrator shall determine whether an unannounced drill called upon an OSRO by a federal agency during the previous three years qualifies as an unannounced drill for the purposes of this subdivision.(g) Each rated OSRO shall provide reasonable notice to the administrator about each future drill, and the administrator, or his or her designee, may attend the drill.(h) The costs incurred by an OSRO to comply with this section and the regulations adopted pursuant to this section, including drills called by the administrator, shall be the responsibility of the OSRO. All local, state, and federal agency costs incurred in conjunction with participation in a drill shall be borne by each respective agency.(i) (1) A rating awarded pursuant to this section is personal and applies only to the OSRO that receives that rating and the rating is not transferable, assignable, or assumable. A rating does not constitute a possessory interest in real or personal property.(2) If there is a change in ownership or control of the OSRO, the rating of that OSRO is null and void and the OSRO shall file a new application for a rating pursuant to this section.(3) For purposes of this subdivision, a change in ownership or control includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity.(j) The administrator may charge a reasonable fee to process an application for, or renewal of, a rating.(k) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall appropriately address all of the following:(1) Criteria for successful completion of a drill.(2) The amount and type of response resources that are required to be available to respond to a particular volume of spilled oil during specific timeframes within a particular region.(3) Regional requirements.(4) Training.(5) The process for applying for a rating, and for suspension, revocation, appeal, or other modification of a rating.(6) Ownership and employment of response resources.(7) Conditions for canceling a drill due to hazardous or other operational circumstances.(l) Any letter of approval issued from the administrator before January 1, 2002, that rates an OSRO shall be deemed to meet the requirements of this section for three years from the date of the letters issuance or until January 1, 2003, whichever date occurs later.
8670.30. (a) An oil spill response organization may apply to the administrator for a rating of that OSROs response capabilities. The administrator shall establish rating levels for classifying OSROs pursuant to subdivision (b).(b) Upon receiving a completed application for rating, the administrator shall review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, which shall include, but is not limited to, all of the following elements:(1) The geographic region or regions of the state where the OSRO intends to operate.(2) Timeframes for having response resources on-scene and deployed.(3) The type of equipment that the OSRO will use and the location of the stored equipment.(4) The volume of oil that the OSRO is capable of recovering and containing.(5) The type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing.(c) The administrator shall not issue a rating until the applicant OSRO completes an unannounced drill. The administrator may call a drill for every distinct geographic area in which the OSRO requests a rating. The drill shall test the resources and response capabilities of the OSRO, including, but not limited to, on water containment and recovery, environmentally sensitive habitat protection, and storage. If an OSRO fails to successfully complete a drill, the administrator shall not issue the requested rating, but the administrator may rate the OSRO at a rating lesser than the rating sought with the application. If an OSRO is denied a requested rating, the OSRO may reapply for rating.(d) A rating issued pursuant to this section shall be valid for three years unless modified, suspended, or revoked. The administrator shall review the rating of each rated OSRO at least once every three years. The administrator shall not renew a rating unless the OSRO meets criteria established by the administrator, including, at a minimum, that the rated OSRO periodically tests and drills itself, including testing protection of environmentally sensitive sites, during the three-year period.(e) The administrator shall require a rated OSRO to demonstrate that the rated OSRO can deploy the response resources required to meet the applicable provisions of an oil spill contingency plan in which the OSRO is listed. These demonstrations may be achieved through inspections, announced and unannounced drills, or by any other means.(f) (1) Except as provided in paragraph (6), each rated OSRO shall satisfactorily complete at least one unannounced drill every three years after receiving its rating.(2) The administrator may modify, suspend, or revoke an OSROs rating if a rated OSRO fails to satisfactorily complete a drill.(3) The administrator may require the satisfactory completion of one unannounced drill of each rated OSRO prior to being granted a modified rating, and shall require satisfactory completion of one unannounced drill for each rated OSRO prior to being granted a renewal or prior to reinstatement of a revoked or suspended rating.(4) A drill for the protection of environmentally sensitive areas shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill.(5) The response resources to be deployed by a rated OSRO within the first six hours of a spill or drill shall be dedicated response resources or be owned and controlled by a rated OSRO that are sufficient to meet the spill response planning requirements of the OSROs client owner or operator. This requirement does not preclude a rated OSRO from bringing in additional response resources. The administrator may, by regulation, permit a lesser requirement for dedicated or OSRO owned and controlled response resources for shoreline protection.(6) The administrator may determine that actual satisfactory spill response performance during the previous three years may be substituted in lieu of a drill.(7) The administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the administrator.(8) The administrator shall determine whether an unannounced drill called upon an OSRO by a federal agency during the previous three years qualifies as an unannounced drill for the purposes of this subdivision.(g) Each rated OSRO shall provide reasonable notice to the administrator about each future drill, and the administrator, or his or her designee, may attend the drill.(h) The costs incurred by an OSRO to comply with this section and the regulations adopted pursuant to this section, including drills called by the administrator, shall be the responsibility of the OSRO. All local, state, and federal agency costs incurred in conjunction with participation in a drill shall be borne by each respective agency.(i) (1) A rating awarded pursuant to this section is personal and applies only to the OSRO that receives that rating and the rating is not transferable, assignable, or assumable. A rating does not constitute a possessory interest in real or personal property.(2) If there is a change in ownership or control of the OSRO, the rating of that OSRO is null and void and the OSRO shall file a new application for a rating pursuant to this section.(3) For purposes of this subdivision, a change in ownership or control includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity.(j) The administrator may charge a reasonable fee to process an application for, or renewal of, a rating.(k) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall appropriately address all of the following:(1) Criteria for successful completion of a drill.(2) The amount and type of response resources that are required to be available to respond to a particular volume of spilled oil during specific timeframes within a particular region.(3) Regional requirements.(4) Training.(5) The process for applying for a rating, and for suspension, revocation, appeal, or other modification of a rating.(6) Ownership and employment of response resources.(7) Conditions for canceling a drill due to hazardous or other operational circumstances.(l) Any letter of approval issued from the administrator before January 1, 2002, that rates an OSRO shall be deemed to meet the requirements of this section for three years from the date of the letters issuance or until January 1, 2003, whichever date occurs later.
8670.30. (a) An oil spill response organization may apply to the administrator for a rating of that OSROs response capabilities. The administrator shall establish rating levels for classifying OSROs pursuant to subdivision (b).(b) Upon receiving a completed application for rating, the administrator shall review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, which shall include, but is not limited to, all of the following elements:(1) The geographic region or regions of the state where the OSRO intends to operate.(2) Timeframes for having response resources on-scene and deployed.(3) The type of equipment that the OSRO will use and the location of the stored equipment.(4) The volume of oil that the OSRO is capable of recovering and containing.(5) The type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing.(c) The administrator shall not issue a rating until the applicant OSRO completes an unannounced drill. The administrator may call a drill for every distinct geographic area in which the OSRO requests a rating. The drill shall test the resources and response capabilities of the OSRO, including, but not limited to, on water containment and recovery, environmentally sensitive habitat protection, and storage. If an OSRO fails to successfully complete a drill, the administrator shall not issue the requested rating, but the administrator may rate the OSRO at a rating lesser than the rating sought with the application. If an OSRO is denied a requested rating, the OSRO may reapply for rating.(d) A rating issued pursuant to this section shall be valid for three years unless modified, suspended, or revoked. The administrator shall review the rating of each rated OSRO at least once every three years. The administrator shall not renew a rating unless the OSRO meets criteria established by the administrator, including, at a minimum, that the rated OSRO periodically tests and drills itself, including testing protection of environmentally sensitive sites, during the three-year period.(e) The administrator shall require a rated OSRO to demonstrate that the rated OSRO can deploy the response resources required to meet the applicable provisions of an oil spill contingency plan in which the OSRO is listed. These demonstrations may be achieved through inspections, announced and unannounced drills, or by any other means.(f) (1) Except as provided in paragraph (6), each rated OSRO shall satisfactorily complete at least one unannounced drill every three years after receiving its rating.(2) The administrator may modify, suspend, or revoke an OSROs rating if a rated OSRO fails to satisfactorily complete a drill.(3) The administrator may require the satisfactory completion of one unannounced drill of each rated OSRO prior to being granted a modified rating, and shall require satisfactory completion of one unannounced drill for each rated OSRO prior to being granted a renewal or prior to reinstatement of a revoked or suspended rating.(4) A drill for the protection of environmentally sensitive areas shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill.(5) The response resources to be deployed by a rated OSRO within the first six hours of a spill or drill shall be dedicated response resources or be owned and controlled by a rated OSRO that are sufficient to meet the spill response planning requirements of the OSROs client owner or operator. This requirement does not preclude a rated OSRO from bringing in additional response resources. The administrator may, by regulation, permit a lesser requirement for dedicated or OSRO owned and controlled response resources for shoreline protection.(6) The administrator may determine that actual satisfactory spill response performance during the previous three years may be substituted in lieu of a drill.(7) The administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the administrator.(8) The administrator shall determine whether an unannounced drill called upon an OSRO by a federal agency during the previous three years qualifies as an unannounced drill for the purposes of this subdivision.(g) Each rated OSRO shall provide reasonable notice to the administrator about each future drill, and the administrator, or his or her designee, may attend the drill.(h) The costs incurred by an OSRO to comply with this section and the regulations adopted pursuant to this section, including drills called by the administrator, shall be the responsibility of the OSRO. All local, state, and federal agency costs incurred in conjunction with participation in a drill shall be borne by each respective agency.(i) (1) A rating awarded pursuant to this section is personal and applies only to the OSRO that receives that rating and the rating is not transferable, assignable, or assumable. A rating does not constitute a possessory interest in real or personal property.(2) If there is a change in ownership or control of the OSRO, the rating of that OSRO is null and void and the OSRO shall file a new application for a rating pursuant to this section.(3) For purposes of this subdivision, a change in ownership or control includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity.(j) The administrator may charge a reasonable fee to process an application for, or renewal of, a rating.(k) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall appropriately address all of the following:(1) Criteria for successful completion of a drill.(2) The amount and type of response resources that are required to be available to respond to a particular volume of spilled oil during specific timeframes within a particular region.(3) Regional requirements.(4) Training.(5) The process for applying for a rating, and for suspension, revocation, appeal, or other modification of a rating.(6) Ownership and employment of response resources.(7) Conditions for canceling a drill due to hazardous or other operational circumstances.(l) Any letter of approval issued from the administrator before January 1, 2002, that rates an OSRO shall be deemed to meet the requirements of this section for three years from the date of the letters issuance or until January 1, 2003, whichever date occurs later.
8670.30. (a) An oil spill response organization may apply to the administrator for a rating of that OSROs response capabilities. The administrator shall establish rating levels for classifying OSROs pursuant to subdivision (b).
(b) Upon receiving a completed application for rating, the administrator shall review the application and rate the OSRO based on the OSROs satisfactory compliance with criteria established by the administrator, which shall include, but is not limited to, all of the following elements:
(1) The geographic region or regions of the state where the OSRO intends to operate.
(2) Timeframes for having response resources on-scene and deployed.
(3) The type of equipment that the OSRO will use and the location of the stored equipment.
(4) The volume of oil that the OSRO is capable of recovering and containing.
(5) The type of oil, including nonfloating oils, such as tar sands, the OSRO is capable of recovering and containing.
(c) The administrator shall not issue a rating until the applicant OSRO completes an unannounced drill. The administrator may call a drill for every distinct geographic area in which the OSRO requests a rating. The drill shall test the resources and response capabilities of the OSRO, including, but not limited to, on water containment and recovery, environmentally sensitive habitat protection, and storage. If an OSRO fails to successfully complete a drill, the administrator shall not issue the requested rating, but the administrator may rate the OSRO at a rating lesser than the rating sought with the application. If an OSRO is denied a requested rating, the OSRO may reapply for rating.
(d) A rating issued pursuant to this section shall be valid for three years unless modified, suspended, or revoked. The administrator shall review the rating of each rated OSRO at least once every three years. The administrator shall not renew a rating unless the OSRO meets criteria established by the administrator, including, at a minimum, that the rated OSRO periodically tests and drills itself, including testing protection of environmentally sensitive sites, during the three-year period.
(e) The administrator shall require a rated OSRO to demonstrate that the rated OSRO can deploy the response resources required to meet the applicable provisions of an oil spill contingency plan in which the OSRO is listed. These demonstrations may be achieved through inspections, announced and unannounced drills, or by any other means.
(f) (1) Except as provided in paragraph (6), each rated OSRO shall satisfactorily complete at least one unannounced drill every three years after receiving its rating.
(2) The administrator may modify, suspend, or revoke an OSROs rating if a rated OSRO fails to satisfactorily complete a drill.
(3) The administrator may require the satisfactory completion of one unannounced drill of each rated OSRO prior to being granted a modified rating, and shall require satisfactory completion of one unannounced drill for each rated OSRO prior to being granted a renewal or prior to reinstatement of a revoked or suspended rating.
(4) A drill for the protection of environmentally sensitive areas shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill.
(5) The response resources to be deployed by a rated OSRO within the first six hours of a spill or drill shall be dedicated response resources or be owned and controlled by a rated OSRO that are sufficient to meet the spill response planning requirements of the OSROs client owner or operator. This requirement does not preclude a rated OSRO from bringing in additional response resources. The administrator may, by regulation, permit a lesser requirement for dedicated or OSRO owned and controlled response resources for shoreline protection.
(6) The administrator may determine that actual satisfactory spill response performance during the previous three years may be substituted in lieu of a drill.
(7) The administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the administrator.
(8) The administrator shall determine whether an unannounced drill called upon an OSRO by a federal agency during the previous three years qualifies as an unannounced drill for the purposes of this subdivision.
(g) Each rated OSRO shall provide reasonable notice to the administrator about each future drill, and the administrator, or his or her designee, may attend the drill.
(h) The costs incurred by an OSRO to comply with this section and the regulations adopted pursuant to this section, including drills called by the administrator, shall be the responsibility of the OSRO. All local, state, and federal agency costs incurred in conjunction with participation in a drill shall be borne by each respective agency.
(i) (1) A rating awarded pursuant to this section is personal and applies only to the OSRO that receives that rating and the rating is not transferable, assignable, or assumable. A rating does not constitute a possessory interest in real or personal property.
(2) If there is a change in ownership or control of the OSRO, the rating of that OSRO is null and void and the OSRO shall file a new application for a rating pursuant to this section.
(3) For purposes of this subdivision, a change in ownership or control includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity.
(j) The administrator may charge a reasonable fee to process an application for, or renewal of, a rating.
(k) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall appropriately address all of the following:
(1) Criteria for successful completion of a drill.
(2) The amount and type of response resources that are required to be available to respond to a particular volume of spilled oil during specific timeframes within a particular region.
(3) Regional requirements.
(4) Training.
(5) The process for applying for a rating, and for suspension, revocation, appeal, or other modification of a rating.
(6) Ownership and employment of response resources.
(7) Conditions for canceling a drill due to hazardous or other operational circumstances.
(l) Any letter of approval issued from the administrator before January 1, 2002, that rates an OSRO shall be deemed to meet the requirements of this section for three years from the date of the letters issuance or until January 1, 2003, whichever date occurs later.
SEC. 3. Section 8670.35 of the Government Code is amended to read:8670.35. (a) The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee.(b) The administrator may offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.(c) Each oil spill element established under this section shall include provisions for training fire and police personnel in oil spill response and cleanup equipment use and operations.(d) Each oil spill element prepared under this section shall be consistent with the local governments local coastal program as certified under Section 30500 of the Public Resources Code, the California oil spill contingency plan, and the National Contingency Plan. Plan, and the 2016 United States Coast Guard OSRO classification program.(e) If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the agency that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency shall submit a new or modified element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications.(f) The administrator shall review the preparedness of unified program agencies to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government preparedness should be improved, the administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund for the purposes of this section.
SEC. 3. Section 8670.35 of the Government Code is amended to read:
### SEC. 3.
8670.35. (a) The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee.(b) The administrator may offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.(c) Each oil spill element established under this section shall include provisions for training fire and police personnel in oil spill response and cleanup equipment use and operations.(d) Each oil spill element prepared under this section shall be consistent with the local governments local coastal program as certified under Section 30500 of the Public Resources Code, the California oil spill contingency plan, and the National Contingency Plan. Plan, and the 2016 United States Coast Guard OSRO classification program.(e) If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the agency that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency shall submit a new or modified element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications.(f) The administrator shall review the preparedness of unified program agencies to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government preparedness should be improved, the administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund for the purposes of this section.
8670.35. (a) The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee.(b) The administrator may offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.(c) Each oil spill element established under this section shall include provisions for training fire and police personnel in oil spill response and cleanup equipment use and operations.(d) Each oil spill element prepared under this section shall be consistent with the local governments local coastal program as certified under Section 30500 of the Public Resources Code, the California oil spill contingency plan, and the National Contingency Plan. Plan, and the 2016 United States Coast Guard OSRO classification program.(e) If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the agency that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency shall submit a new or modified element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications.(f) The administrator shall review the preparedness of unified program agencies to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government preparedness should be improved, the administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund for the purposes of this section.
8670.35. (a) The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee.(b) The administrator may offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.(c) Each oil spill element established under this section shall include provisions for training fire and police personnel in oil spill response and cleanup equipment use and operations.(d) Each oil spill element prepared under this section shall be consistent with the local governments local coastal program as certified under Section 30500 of the Public Resources Code, the California oil spill contingency plan, and the National Contingency Plan. Plan, and the 2016 United States Coast Guard OSRO classification program.(e) If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the agency that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency shall submit a new or modified element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications.(f) The administrator shall review the preparedness of unified program agencies to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government preparedness should be improved, the administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund for the purposes of this section.
8670.35. (a) The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee.
(b) The administrator may offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.
(c) Each oil spill element established under this section shall include provisions for training fire and police personnel in oil spill response and cleanup equipment use and operations.
(d) Each oil spill element prepared under this section shall be consistent with the local governments local coastal program as certified under Section 30500 of the Public Resources Code, the California oil spill contingency plan, and the National Contingency Plan. Plan, and the 2016 United States Coast Guard OSRO classification program.
(e) If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the agency that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency shall submit a new or modified element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications.
(f) The administrator shall review the preparedness of unified program agencies to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government preparedness should be improved, the administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund for the purposes of this section.