BILL NUMBER: SB 1056	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Migden, Florez, and Steinberg
   (Coauthors: Senators Alquist and Wiggins)

                        JANUARY 7, 2008

   An act to amend Sections 8670.25.5 and 8670.28 of the Government
Code, relating to oil spills, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1056, as introduced, Migden. Oil spill prevention and response.

   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, without regard to intent or negligence, a
party responsible for the discharge or threatened discharge of oil in
marine waters to report the discharge immediately to the Office of
Emergency Services, which then is required to notify the
administrator, the State Lands Commission, the California Coastal
Commission, and the California regional water quality control board
having jurisdiction over the location of the discharged oil. If the
spill has occurred within the jurisdiction of the San Francisco Bay
Conservation and Development Commission, the Office of Emergency
Services shall notify that commission. Existing law requires each
public agency receiving notice to adopt an internal protocol over
communications regarding the discharge of oil and file the internal
protocol with the Office of Emergency Services.
   This bill would also require the Office of Emergency Services, if
the spill has occurred within the jurisdiction of the San Francisco
Bay Conservation and Development Commission, to notify the counties
of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara,
Solano, and Sonoma, and the City and County of San Francisco. By
requiring these local entities that receive notice to adopt and file
an internal protocol over communications regarding the discharge of
oil, the bill would create a state-mandated local program.
   Existing law requires the administrator to adopt and implement
regulations and guidelines governing the adequacy of oil spill
contingency plans. The regulations shall, at a minimum, among other
things, ensure that standards set for response, containment, and
cleanup equipment and operations are maintained and regularly
improved to protect the resources of the state.
   This bill would also require that, if the spill has occurred
within the jurisdiction of the San Francisco Bay Conservation and
Development Commission, the standards set for response at the scene
of the oil spill shall not exceed 2 hours.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8670.25.5 of the Government Code is amended to
read:
   8670.25.5.  (a) Without regard to intent or negligence, any party
responsible for the discharge or threatened discharge of oil in
marine waters shall report the discharge immediately to the Office of
Emergency Services pursuant to Section 25507 of the Health and
Safety Code.
   (b) Immediately upon receiving notification pursuant to
subdivision (a), the Office of Emergency Services shall notify the
administrator, the State Lands Commission, the California Coastal
Commission,  and  the California regional water quality
control board having jurisdiction over the location of the discharged
oil, and take the actions required by subdivision (d) of Section
8589.7. If the spill has occurred within the jurisdiction of the San
Francisco Bay Conservation and Development Commission, the Office of
Emergency Services shall notify that commission  , the Counties
of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara,
Solano, and Sonoma, and the City and County of San Francisco  .
Each public agency specified in this subdivision shall adopt an
internal protocol over communications regarding the discharge of oil
and file the internal protocol with the Office of Emergency Services.

   (c) The 24-hour emergency telephone number of the Office of
Emergency Services shall be posted at every terminal, at the area of
control of every marine facility, and on the bridge of every tank
ship in marine waters.
   (d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil  , 
unless a more restrictive reporting standard is adopted in the
California oil spill contingency plan prepared pursuant to Section
8574.1.
   (e) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.
  SEC. 2.  Section 8670.28 of the Government Code is amended to read:

   8670.28.  (a) The administrator, taking into consideration the
marine facility or vessel contingency plan requirements of the
national and California contingency plans, the State Lands
Commission, the State Fire Marshal, and the California Coastal
Commission shall adopt and implement regulations governing the
adequacy of oil spill contingency plans to be prepared and
implemented under this article. All regulations shall be developed in
consultation with the State Interagency Oil Spill Committee, and the
Oil Spill Technical Advisory Committee, and shall be consistent with
the California oil spill contingency plan and not in conflict with
the National Contingency Plan. The regulations shall provide for the
best achievable protection of coastal and marine resources. The
regulations shall permit the development, application, and use of an
oil spill contingency plan for similar vessels, pipelines, terminals,
and facilities within a single company or organization, and across
companies and organizations. The regulations shall, at a minimum,
ensure all of the following:
   (1) All areas of the marine waters of the state are at all times
protected by prevention, response, containment, and cleanup equipment
and operations. For the purposes of this section, "marine waters"
includes the waterways used for waterborne commercial vessel traffic
to the Port of Stockton and the Port of Sacramento.
   (2) Standards set for response, containment, and cleanup equipment
and operations are maintained and regularly improved to protect the
resources of the state.  If the spill has occurred within the
jurisdiction of the   San Francisco Bay Conservation and
Development Commission, the standards set for response at the scene
of the oil spill shall not exceed two hours. 
   (3) All appropriate personnel employed by operators required to
have a contingency plan receive training in oil spill response and
cleanup equipment usage and operations.
   (4) Each oil spill contingency plan provides for appropriate
financial or contractual arrangements for all necessary equipment and
services, for the response, containment, and cleanup of a reasonable
worst case oil spill scenario for each part of the coast the plan
addresses.
   (5) Each oil spill contingency plan demonstrates that all
protection measures are being taken to reduce the possibility of an
oil spill occurring as a result of the operation of the marine
facility or vessel. The protection measures shall include, but not be
limited to, response to disabled vessels and an identification of
those measures taken to comply with  the  requirements of
Division 7.8 (commencing with Section 8750) of the Public Resources
Code.
   (6) Each oil spill contingency plan identifies the types of
equipment that can be used, the location of the equipment, and the
time taken to deliver the equipment.
   (7) Each marine facility conducts a hazard and operability study
to identify the hazards associated with the operation of the
facility, including the use of the facility by vessels, due to
operating error, equipment failure, and external events. For the
hazards identified in the hazard and operability studies, the
facility shall conduct an offsite consequence analysis which, for the
most likely hazards, assumes pessimistic water and air dispersion
and other adverse environmental conditions.
   (8) Each oil spill contingency plan contains a list of contacts to
call in the event of a drill, threatened discharge of oil, or
discharge of oil.
   (9) Each oil spill contingency plan identifies the measures to be
taken to protect the recreational and environmentally sensitive areas
that would be threatened by a reasonable worst case oil spill
scenario.
   (10) Standards for determining a reasonable worst case oil spill.
   (11) Each oil spill contingency plan includes a timetable for
implementing the plan.
   (12) Each oil spill contingency plan specifies an agent for
service of process. The agent shall be located in this state.
   (b) The regulations and guidelines adopted pursuant to this
section shall also include provisions to provide public review and
comment on submitted oil spill contingency plans prior to approval.
   (c) The regulations adopted pursuant to this section shall
specifically address the types of equipment that will be necessary,
the maximum time that will be allowed for deployment, the maximum
distance to cooperating response entities, the amounts of dispersant,
and the maximum time required for application, should the use of
dispersants be approved. Upon a determination by the administrator
that booming is appropriate at the site and necessary to provide best
achievable protection, the regulations shall require that vessels
engaged in lightering operations be boomed prior to the commencement
of operations.
   (d) The administrator shall adopt regulations and guidelines for
oil spill contingency plans with regard to mobile transfer units,
small marine fueling facilities, and vessels carrying oil as
secondary cargo that acknowledge the reduced risk of damage from oil
spills from those units, facilities, and vessels while maintaining
the best achievable protection for the public health and safety and
the environment.
   (e) The regulations adopted pursuant to subdivision (d) shall be
exempt from review by the Office of Administrative Law. Subsequent
amendments and changes to the regulations shall not be exempt from
Office of Administrative Law review.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the public health and safety from oil spills
by improving notification procedures and response times at the
earliest possible time , it is necessary that this act take effect
immediately.