BILL NUMBER: SB 578 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 14, 2008
AMENDED IN SENATE MAY 17, 2007
AMENDED IN SENATE MAY 8, 2007
AMENDED IN SENATE MAY 1, 2007
AMENDED IN SENATE APRIL 17, 2007
INTRODUCED BY Senator Simitian
FEBRUARY 22, 2007
An act to add Chapter 6.93 (commencing with Section
25430) to Division 20 of the Health and Safety Code, relating to the
environment. An act to amend Section 8670.29 of the
Government Code, relating to oil spills.
LEGISLATIVE COUNSEL'S DIGEST
SB 578, as amended, Simitian. Environment: high
production volume chemical. Oil spill contingency
plan.
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
generally requires the administrator for oil spill response, acting
at the discretion of the Governor, to implement activities relating
to oil spill response, including drills and preparedness, and oil
spill containment and cleanup, and to represent the state in any
coordinated response efforts with the federal government.
The act requires every owner or operator of specified marine
facilities and owners or operators of certain vessels to prepare and
implement an oil spill continency plan containing specified
provisions that has been submitted to, and approved by, the
administrator. With respect to a marine facility, the act requires
the plan to include provisions for training and drills on elements of
the plan at least annually and provisions for subjecting all
elements of the plan to drills or tests, as specified by the
administrator, at least once every 3 years.
This bill would revise the requirements of the plan, with respect
to a marine facility, to instead require the plan to include
provisions for training and drills on all elements of the plan at
least annually and provisions for subjecting all elements of the plan
to tests, as specified by the administrator, at least once every 3
years.
Existing law authorizes the California Environmental Protection
Agency (Cal-EPA) to request a business to submit the information
required to be submitted in the toxic chemical release form pursuant
to the federal Emergency Planning and Community Right-to-Know Act of
1986 (EPCRA).
This bill would require a manufacturer of a high production volume
chemical, by October 1, 2008, to submit to the Department of Toxic
Substances Control, in an electronic format specified by the
department, any environmental health information that the
manufacturer previously submitted, on or after January 1, 2000, to
the High Production Volume Challenge Program conducted by the
Environmental Protection Agency or to any foreign government. A
manufacturer would be required to submit to the department, by
October 1, 2009, and on or before October 1 annually thereafter, the
information the manufacturer submitted to those entities the previous
calendar year.
The bill would require the department, by January 1, 2009, to
adopt regulations that establish requirements for the environmental
health information that a manufacturer is required to provide to the
department. The department would be required, by October 1, 2009, to
determine the technical feasibility of adopting regulations to
require a manufacturer of a high volume production chemical to
provide additional information relating to that high volume
production chemical's ability to contribute to certain health effects
and a manufacturer would be required to submit to the department, in
an electronic format specified by the department, this environmental
health information.
The department would also be required, by October 1, 2009, to
establish a system for tracking the manufacture and use of high
production volume chemicals in the state and would be authorized to
require a manufacturer to supply this information.
The department would be required to establish a fee schedule
specifying the amount of the fees that a manufacturer would be
required to pay when submitting information to the department. The
department would be required to deposit all fees collected in an
appropriate subaccount in the High Production Volume Chemical
Account, which the bill would create in the State Treasury. The
department would be authorized to expend the fee revenues, upon
appropriation by the Legislature, to implement the bill's
requirements.
The bill would authorize the Director of Toxic Substances Control
to exempt, from requirements of the bill, a high volume production
chemical for which the manufacturer can make a specified
demonstration.
The bill would prohibit a manufacturer of a high production volume
chemical who does not comply with the bill's requirements, as
determined by the department, from manufacturing that high production
volume chemical within the state, importing that high production
volume into the state, incorporating that high production volume
chemical into an article within the state, or using that high
production volume in a commercial process or application in the
state.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8670.29 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, every owner or operator of a marine facility, small marine
fueling facility , or mobile transfer unit, prior to
operating in the marine waters of the state or where an oil spill
could impact marine waters; and every owner or operator of a tank
vessel, nontank vessel , or vessel carrying oil as
secondary cargo , before operating in the marine waters of
the state, shall prepare and implement an oil spill contingency plan
that has been submitted to, and approved by, the administrator
pursuant to Section 8670.31. Each oil spill contingency plan shall
ensure the undertaking of prompt and adequate response and removal
action in case of an oil spill, shall be consistent with the
California oil spill contingency plan, and shall not conflict with
the National Contingency Plan.
(b) Each 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 their
designee.
(2) Provide for the use of an incident command system to be used
during a spill.
(3) Provide procedures for reporting oil spills to local, state,
and federal agencies, and include a list of contacts to call in the
event of a drill, threatened spill, or spill.
(4) Describe the communication plans to be used during a spill.
(5) Describe the strategies for the protection of environmentally
sensitive areas.
(6) Identify at least one rated OSRO for each rating level
established pursuant to Section 8670.30. Each identified rated OSRO
shall be directly responsible by contract, agreement, or other
approved means to provide oil spill response activities pursuant to
the oil spill contingency plan. A rated OSRO may provide oil spill
response activities individually, or in combination with another
rated OSRO, for a particular owner or operator.
(7) Identify a qualified individual.
(8) Provide the name, address, 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.
(c) An oil spill contingency plan for a vessel shall also include,
but is not limited to, all of the following requirements:
(1) Each plan shall be submitted to the administrator at least
seven days prior to the vessel entering waters of the state.
(2) Each 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 marine facility shall also
include, but is not limited to, all of the following provisions:
(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.
(6) Provisions for training and drills on all elements
of the plan at least annually.
(7) Provisions for subjecting all elements of the plan to
drills or tests, as specified by the administrator, at
least once every three years.
(e) The oil spill contingency plan shall be available to response
personnel and to relevant state and federal agencies for inspection
and review.
(f) 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.
(g) 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 coastal and marine resources.
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 State
Interagency Oil Spill Committee and the Oil Spill Technical Advisory
Committee. All matter omitted in this version of the bill appears in
the bill as amended in Senate, May 17, 2007 (JR11)