SB 709

Bill Subjects

Abstract

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 Governor to establish a California oil spill contingency plan that provides for an integrated and effective state procedure to combat the results of major oil spills within the state and that specifies state agencies to implement the plan. Existing law requires the administrator to submit to the Governor and the Legislature an amended California oil spill contingency plan that addresses marine oil spills, by January 1, 1993, and to submit revised plans every 3 years thereafter. Beginning January 1, 2017, and every 3 years thereafter, the administrator is required to submit an amended California oil spill contingency plan that addresses both marine and inland oil spills. 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 define "nonfloating oil" for purposes of the act. The bill would require the administrator, by January 1, 2020, to conduct and complete an independent scientific study on the best achievable protection of state waters from spills of nonfloating or potentially nonfloating oils, including criteria for oil spill contingency plans and oil spill response organizations (OSROs) responsible for remediating those spills. The bill would require that the scientific study evaluate the hazards and risks and potential hazards and risks that nonfloating or potentially nonfloating oils pose to natural resources and public, occupational, and environmental health and safety. The bill would require the administrator to post the results and recommendations of the completed scientific study on an Internet Web site maintained by the administrator. The bill would require the administrator, by January 1, 2019, to identify those oils transported into or through the state that place waters of the state at risk from an oil spill that are composed in whole or in part of nonfloating or potentially nonfloating oil and, through a public process, to establish criteria to identify specific characteristics of nonfloating and potentially nonfloating oil. The bill would require the administrator to periodically update and publicly release this list as the sources and types of nonfloating or potentially nonfloating oil change. The bill would, if nonfloating or potentially nonfloating oil is present, require that the oil spill contingency plan that is filed with and approved by the administrator identifies one OSRO capable of oil spill response activities related to that nonfloating or potentially nonfloating oil. The bill would additionally require the oil spill contingency plan to describe spill location-specific procedures, techniques, and demonstrated technologies effective for responding to a spill of the nonfloating or potentially nonfloating oil. The bill would require that the 3-year update to the California oil spill contingency plan that addresses marine and inland oil spills that is to be revised and submitted to the Governor and the Legislature by January 1, 2020, and every 3 years thereafter, include consideration of nonfloating or potentially nonfloating oils. Existing law authorizes an OSRO to apply to the administrator for a rating of that OSRO's response capabilities. Upon receiving a completed application for rating, the administrator is required to review the application and rate the OSRO based on the OSRO's 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 or potentially nonfloating oil, the OSRO is capable of recovering and containing. The bill would require any OSRO seeking a nonfloating or potentially nonfloating oil response capability rating to explain, in detail, the tools, technologies, and techniques it will deploy, including how these tools, technologies, and techniques will overcome identified challenges in remediating spills of nonfloating or potentially nonfloating oils, in order to meet the criteria developed for remediating a nonfloating or potentially nonfloating oil spill necessary to protect state waters. The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act prohibits a person from operating a marine facility, as defined, unless the owner or operator of the marine facility has obtained a certificate of financial responsibility. To receive a certificate of financial responsibility from the administrator for oil spill response, the act requires the owner or operator of a marine facility to make a specified showing of financial resources to the satisfaction of the administrator. The act authorizes the administrator to issue a certificate of financial responsibility on a lesser showing of financial resources for a period of not longer than 3 years if the administrator makes specified findings. This bill would require that the administrator, when determining whether to issue a certificate of financial responsibility on a lesser showing of financial resources, to consider the particular risks posed by the type of oil proposed to be carried and to differentiate the risk based upon whether the oil is floating oil or nonfloating or potentially nonfloating oil.