Bill Text: CA AB120 | 2011-2012 | Regular Session | Chaptered
Bill Title: Public Resources.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2011-07-26 - Chaptered by Secretary of State - Chapter 133, Statutes of 2011. [AB120 Detail]
Download: California-2011-AB120-Chaptered.html
BILL NUMBER: AB 120 CHAPTERED
BILL TEXT
CHAPTER 133
FILED WITH SECRETARY OF STATE JULY 26, 2011
APPROVED BY GOVERNOR JULY 26, 2011
PASSED THE SENATE JUNE 10, 2011
PASSED THE ASSEMBLY JUNE 15, 2011
AMENDED IN SENATE JUNE 8, 2011
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2011
An act to amend Sections 12212, 12240, and 12500.9 of, and to add
Sections 12241 and 19620.2 to, the Business and Professions Code, to
amend Section 5653.1 of, and to amend and add Section 8051.4 of, the
Fish and Game Code, to amend Sections 9185, 9186, 9187, 9188,
18932.1, 18932.2, 18947, 19032, 19033.1, 19445, 19447, 24563, and
52356 of, to amend and repeal Sections 18980, 18981, 19010, 19011,
24744, 25053, and 25055 of, to add Sections 18947.2, 18955, 24752,
and 25063 to, to add and repeal Section 9184 of, to repeal Sections
486 and 7274 of, to repeal and add Sections 19040, 24746, and 24748
of, and to repeal and add Sections 24745 and 25056 of, the Food and
Agricultural Code, to amend and repeal Sections 8574.9 and 8574.10
of, and to amend, repeal, and add Sections 8574.7, 8670.3, 8670.7,
8670.28, 8670.29, 8670.35, 8670.36, 8670.40, 8670.54, and 8670.55 of,
the Government Code, to amend Sections 3401 and 5007 of, and to
amend, repeal, and add Section 8755 of the Public Resources Code, to
amend and repeal Section 46026 of the Revenue and Taxation Code, and
to amend Section 13628.5 of the Water Code, relating to public
resources, and making an appropriation therefor, to take effect
immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 120, Committee on Budget. Public Resources.
(1) Existing law governs weights and measures in this state, and
authorizes the Secretary of Food and Agriculture to enforce those
provisions, as specified. Existing law requires the secretary to
adopt all necessary regulations governing the inspection frequency of
all commercially used weights, measures, and weighing and measuring
apparatus. Existing law provides that fees collected pursuant to this
provision shall be credited to the General Fund.
This bill would provide that the fees described above shall be
credited to the Department of Food and Agriculture Fund, rather than
the General Fund. The bill would make related technical changes.
(2) Existing law governing weights and measures also provides that
there is in each county the office of county sealer, as defined, of
weights and measures to administer those provisions, as specified.
Existing law requires each sealer, within his or her county, to try
and test all weights, scales, beams, measures, instruments or
mechanical devices for weighing or measurements, and other devices,
as specified, to calibrate, test, weigh, and measure, and certify to
the accuracy of, noncommercial weights and measures and weighing and
measuring devices, and instruments, tools, and accessories connected
therewith. Existing law also requires each sealer to, from time to
time, weigh or measure packages, containers, or amounts of
commodities sold, or in the process of delivery, in order to
determine whether they contain the quantity or amount represented and
to determine whether they are being sold in accordance with existing
law. Existing law authorizes, only until January 1, 2013, the board
of supervisors of a county to charge an annual registration fee, not
to exceed the county's total cost of actually inspecting or testing
the devices to recover the costs of inspecting or testing the
weighing and measuring devices required of the county sealer, as
specified.
This bill would require, only until January 1, 2013, the secretary
to establish by regulation an annual administrative fee to recover
reasonable administrative and enforcement costs incurred by the
department for the duties performed by sealers, as described above.
The fee would be collected and paid beginning January 1, 2012.
(3) Existing law requires the secretary to provide by rules and
regulations for the submission for approval of types or designs of
weights, measures, or weighing, measuring, or counting instruments or
devices, used for commercial purposes, and to issue certificates of
approval of such types or designs as the secretary finds meet the
requirements of state law, as specified. Existing law requires the
secretary to charge and collect fees from persons submitting weighing
and measuring devices for approval. Existing law provides that these
fees shall be credited to the General Fund.
This bill would instead require the secretary to charge and
collect an application fee and reasonable deposit from those persons.
The bill would provide that costs incurred by the department that
exceed the deposit shall be charged and collected. The bill would
authorize the secretary to charge an annual administrative fee for
the maintenance of type approval certificates in hard copy and
electronic formats. The bill would also provide that these fees shall
be deposited into the Department of Food and Agriculture Fund,
rather than the General Fund.
(4) Existing law provides for an annual appropriation to the
department, from the total revenue received by the department, except
as specified, those sums as the Legislature deems necessary for the
oversight of the network of California fairs, as specified, and for
the auditing of all district agricultural association fairs, county
fairs, and citrus fruit fairs.
This bill would provide that any unallocated balance from that
provision would be appropriated without regard to fiscal years for
allocation by the secretary for specified projects relating to the
operation of fairs, thereby making an appropriation. The bill would
also provide that a portion of the funds may be allocated to the
California fairs for general operational support.
(5) Existing law, now obsolete, prohibits the Secretary of Food
and Agriculture from entering into a cooperative agreement with the
County of Los Angeles for agricultural inspection services if the
agreement requires that year-round services be provided, unless
specified percentages of agricultural inspector aides not afforded
protections as permanent employees employed under the agreement are
afforded county civil service protections, as specified, for the
2004-05, 2005-06, and 2006-07 fiscal years.
(6) Existing law designates the Department of Food and Agriculture
as the lead department in noxious weed management. An obsolete
provision of existing law requires the department to submit to the
Legislature an annual report on or before April 1 of each year
through 2005.
This bill would delete the obsolete provisions of existing law
described above.
(7) Existing law governs the reporting, transportation, handling,
and disposal, as specified, of animals that are infected with a
contagious disease. Existing law provides for the quarantine or
destruction of diseased animals, and the vaccination of certain
animals. Existing law requires the secretary to license biologic
establishments, which are engaged in the production of products used
to diagnose and detect or prevent or treat disease in animals other
than man, if those establishments meet certain requirements. Existing
law authorizes the secretary to make any necessary investigations
relative to the reporting violations of these provisions. Existing
law provides for the collection of fees and penalties and for the
imposition of a lien in connection with these provisions.
This bill would authorize, only until January 1, 2017, the
department to establish, by regulation, a fee schedule not to exceed
the reasonable costs associated with carrying out these provisions,
up to a maximum fee of $500 for each license, permit, registration,
product, or service, as specified. The bill would also make related
technical changes.
(8) Existing law, the California Meat and Poultry Inspection Act,
requires the secretary to provide for the inspection and regulation
of livestock and poultry products. The act provides that any person
that violates these provisions is subject to civil penalties, as
specified. Existing law requires that any money received pursuant to
the provision providing for civil penalties, less associated
investigative and legal costs incurred by the department, be
deposited in the General Fund.
This bill would instead provide that the moneys received as civil
penalties pursuant to the provision described above be deposited into
the Department of Food and Agriculture Fund and upon appropriation
by the Legislature shall be used for specified purposes. The bill
would delete the provision excluding associated investigative and
legal costs incurred by the department from the moneys deposited
pursuant to that provision. The bill would make related technical
changes.
(9) Existing law, the California Meat and Poultry Supplemental
Inspection Act, authorizes the secretary to adopt, by regulation,
standards and requirements relating to inspection, sanitation,
facilities, equipment, reinspection, preparation, processing, buying,
selling, and transporting, among other acts, of livestock and
poultry. A violation of the act is a misdemeanor.
The California Meat and Poultry Supplemental Inspection Act also
requires each person to be licensed prior to operating a meat
processing establishment or a custom livestock slaughterhouse, and
establishes application fees for initial and renewal of licenses for
livestock meat inspectors and processing inspectors, and licensing
fees for the operation of slaughterhouses. Existing law defines a
meat processing establishment for purposes of the act to include,
among other places, an establishment where livestock products of
swine are cooked. Existing law requires the secretary to report to
the Controller at least once each month the total amount of money
collected pursuant to these provisions and to pay into the State
Treasury the entire amount of the receipts that shall be credited to
the General Fund.
This bill would delete establishments where livestock products of
swine are cooked from the definition of a meat processing
establishment for purposes of the act. The bill would set forth a
specified definition for "smoking" for purposes of the act. The bill
would increase the fees for licenses and renewal of licenses, impose
specified penalties for the failure to pay the fee for renewal of a
license prior to the expiration date of the license, and establish
criteria for the fee for a license application submitted upon change
of ownership of a custom slaughterhouse, as specified. The bill would
repeal, on January 1, 2017, the provisions establishing application
fees for initial and renewal of licenses for livestock meat
inspectors and processing inspectors, and other fees, as specified,
for the operation of slaughterhouses. The bill would set forth a
specified standard for fees, charges, and collections made pursuant
to these provisions and would provide that these amounts be deposited
into the Department of Food and Agriculture Fund, including
penalties that would be made available for use upon appropriation by
the Legislature. The bill would make other similar changes. The bill
would also delete the requirement that the secretary report to the
Controller the total amount of money collected at least once each
month.
The bill would also prohibit a person from operating an
establishment performing any of the functions listed in the act,
unless the establishment is licensed and meets building and
sanitation standards. Because a violation of the act is a crime, the
bill would impose a state-mandated local program.
(10) Existing law provides for the regulation, inspection, and
licensing of poultry plants and poultry meat inspectors.
This bill would revise the licensing scheme and increase the fees
for the licensing and renewal of licenses in connection with poultry
plant operations and poultry meat inspections, and would repeal the
licensing provisions, as specified, on January 1, 2017. The bill
would make other related changes.
(11) Existing law, the California Seed Law, requires certain
persons involved in selling agricultural or vegetable seeds to
register with the secretary and pay assessments, as specified.
Existing law requires that total expenditures from funds derived from
registration fees and assessments, as specified, not exceed the
department's cost of carrying out these provisions, except as
specified.
This bill would delete the specified exception.
(12) Existing law designates the issuance by the Department of
Fish and Game of permits to operate vacuum or suction dredge
equipment to be a project under the California Environmental Quality
Act (CEQA), and suspends the issuance of permits, and mining pursuant
to a permit, until the department has completed an environmental
impact report for the project as ordered by the court in a specified
court action. Existing law prohibits the use of any vacuum or suction
dredge equipment in any river, stream, or lake, for instream mining
purposes, until the Director of Fish and Game certifies to the
Secretary of State that (a) the department has completed the
environmental review of its existing vacuum or suction dredge
equipment regulations as ordered by the court, (b) the department has
transmitted for filing with the Secretary of State a certified copy
of new regulations, as necessary, and (c) the new regulations are
operative.
This bill would modify that moratorium to prohibit the use of
vacuum or suction dredge equipment until June 30, 2016, or until the
director's certification to the secretary as described above,
whichever is earlier. The bill would additionally require the
director to certify that the new regulations fully mitigate all
identified significant environmental impacts and that a fee structure
is in place that will fully cover all costs to the department
related to the administration of the program.
(13) Existing law provides for the accounting and expenditure of
funds collected pursuant to a former law relating to abalone.
Existing law provides for the appointment of a 6-member Commercial
Abalone Advisory Committee to make recommendations to the director
for activities to be conducted with funds collected under that former
law. The latter provision is repealed as of January 1, 2013.
This bill would, on January 1, 2012, abolish the committee and
extend the operation of the accounting and expenditure provisions
indefinitely.
(14) Existing law establishes the State Interagency Oil Spill
Committee and specifies its membership. Existing law also provides
for a review subcommittee in that committee.
This bill would, on January 1, 2012, repeal the committee and
review committee. The bill would also make conforming changes.
(15) Existing law generally regulates the drilling, operation,
maintenance, and abandonment of oil and gas wells. Existing law
provides that the proceeds of charges levied, assessed, and collected
upon the property of a person operating or owning an interest in the
production of a well shall be used exclusively for the support and
maintenance of the Division of Oil, Gas, and Geothermal Resources in
the Department of Conservation.
This bill instead would provide that the proceeds of those charges
shall be used exclusively for the support and maintenance costs of
the Department of Conservation incurred in the supervision of oil and
gas operations.
(16) Under existing law, a public entity or public employee is not
liable for injury or damage caused by a condition of public property
located in, or injury or damage otherwise occurring in, or arising
out of an activity in, a unit of the state park system that is
designated as closed, partially closed, or subject to service
reduction by the Department of Parks and Recreation for purposes of
achieving budget reductions, among other things.
This bill would delete these provisions and would instead limit a
public entity or public employee from liability, as provided in the
existing Tort Claims Act, for injury or damage caused by a condition
of public property located in, or injury or damage otherwise
occurring in, or arising out of an activity in, a unit of the state
park system that is designated as closed, partially closed, or
subject to service reduction by the department.
(17) Under existing law, the State Water Resources Control Board
operates a wastewater treatment plant classification and operator
certification program pursuant to which supervisors and operators of
wastewater treatment plants are required to possess certificates of
the appropriate grade. Existing law authorizes the board to impose
fees to cover the costs of the program, and requires the fees to be
deposited in the Wastewater Operator Certification Fund. The board is
authorized to expend the moneys in the fund, upon appropriation by
the Legislature, for purposes of administering the program.
This bill would additionally require other moneys appropriated by
the Legislature for deposit in the fund, and interest earned upon
moneys in the fund, to be deposited into the fund.
(18) This bill would appropriate $1,000 from the Wastewater
Operator Certification Fund to the State Water Resources Control
Board for administrative costs.
(19) 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 no reimbursement is required by this
act for a specified reason.
(20) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12212 of the Business and Professions Code is
amended to read:
12212. (a) The secretary shall adopt necessary regulations
governing the inspection frequency of all commercially used weights,
measures and weighing and measuring apparatus in the state.
(b) The sealer of each county shall perform such inspections as
may be required by the secretary. Nothing in this section shall be
construed to prohibit the sealer from inspecting a device more
frequently than required if he or she deems those tests to be
necessary.
(c) Any such regulation shall be adopted by the director in
conformity with the provisions of Chapter 4.5 (commencing with
Section 11371) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) In counties where the secretary finds that the sealer, because
of lack of equipment, is unable or fails to perform the tests as
required herein, the secretary may enter into a contract with the
board of supervisors of each of those counties to perform the tests.
Those contracts shall provide that the county shall pay the cost of
those services based upon a uniform schedule of fees developed by the
secretary. The fee schedule shall be based on the approximate cost
of performing those services. The contracts shall also provide that
the secretary shall periodically render a bill to each county so
served for the cost of services rendered, and the auditor of the
county so billed shall pay the charge in the same manner in which
other claims against the county are paid.
(e) All fees collected under the provisions of this section shall
be credited to the Department of Food and Agriculture Fund.
SEC. 2. Section 12240 of the Business and Professions Code is
amended to read:
12240. (a) Except as otherwise provided in this section, the
board of supervisors, by ordinance, may charge an annual registration
fee, not to exceed the county's total cost of actually inspecting or
testing the devices as required by law, to recover the costs of
inspecting or testing weighing and measuring devices required of the
county sealer pursuant to Section 12210, and to recover the cost of
carrying out Section 12211.
(b) Except as otherwise provided in this section, the annual
registration fee shall not exceed the amount set forth in
subdivisions (f) to (n), inclusive.
(c) The county may collect the fees biennially, in which case they
shall not exceed twice the amount of an annual registration fee. The
ordinance shall be adopted pursuant to Article 7 (commencing with
Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 2 of the
Government Code.
(d) Retail gasoline pump meters, for which the above-fees are
assessed, shall be inspected as frequently as required by regulation,
but not less than once every two years.
(e) Livestock scales, animal scales and scales used primarily for
weighing feed and seed, for which the above fees are assessed, shall
be inspected as frequently as required by regulation.
(f) For purposes of this section, the annual registration fee for
a business that uses a commercial weighing or measuring device or
devices shall consist of a business location fee, a Department of
Food and Agriculture administrative fee, as specified in Section
12241, and a device fee, as specified in subdivisions (g) to (n),
inclusive. The business location fee and device fee shall not exceed
the following:
(1) Beginning January 1, 2006, sixty dollars ($60) per business
location, plus 60 percent of the maximum applicable device fee listed
in subdivisions (h) to (n), inclusive.
(2) Beginning January 1, 2007, eighty dollars ($80) per business
location, plus 80 percent of the maximum applicable device fee listed
in subdivisions (h) to (n), inclusive.
(3) Beginning January 1, 2008, and thereafter, one hundred dollars
($100) per business location, plus 100 percent of the maximum
applicable device fee listed in subdivisions (h) to (n), inclusive.
(g) For marinas, mobilehome parks, recreational vehicle parks, and
apartment complexes, where the owner of the marina, park, or complex
owns and is responsible for the utility meters, the device fee shall
not exceed two dollars ($2) per device per space or apartment.
Marinas, mobilehome parks, recreational vehicle parks, and apartment
complexes for which the above fees are assessed shall be inspected
and tested as frequently as required by regulation.
(h) For weighing devices, other than livestock, with capacities of
10,000 pounds or greater, the device fee shall not exceed two
hundred fifty dollars ($250) per device; for weighing devices, other
than livestock scales, with capacities of at least 2,000 pounds but
less than 10,000 pounds, the device fee shall not exceed one hundred
fifty dollars ($150) per device.
(i) This section does not apply to farm milk tanks.
(j) A scale or device used in a certified farmers' market, as
defined by Section 113745 of the Health and Safety Code, is not
required to be registered in the county where the market is
conducted, if the scale or device has an unexpired seal for the
current year, issued by a licensed California county sealer.
(k) For livestock scales with capacities of 10,000 pounds or
greater, the device fee shall not exceed one hundred fifty dollars
($150) per device; for livestock scales with capacities of at least
2,000 pounds but less than 10,000 pounds, the device fee shall not
exceed one hundred dollars ($100) per device.
(l) For liquified petroleum gas (LPG) meters, truck mounted or
stationary, the device fee shall not exceed one hundred seventy-five
dollars ($175) per device.
(m) For wholesale and vehicle meters, the device fee shall not
exceed twenty-five dollars ($25) per device.
(n) For all other commercial weighing or measuring devices not
listed in subdivisions (g) to (m), inclusive, the device fee shall
not exceed twenty dollars ($20) per device. For the purposes of this
subdivision, the total annual registration fee shall not exceed the
sum of one thousand dollars ($1,000), for each business location.
(o) For the purposes of this section, a single business location
is defined as:
(1) Each vehicle containing one or more commercial devices.
(2) Each business location that uses different categories or types
of commercial devices that require the use of specialized testing
equipment and that necessitates not more than one inspection trip by
a weights and measures official.
SEC. 3. Section 12241 is added to the Business and Professions
Code, to read:
12241. On or before January 1, 2012, the secretary shall
establish by regulation an annual administrative fee to recover
reasonable administrative and enforcement costs incurred by the
department for exercising supervision over and preforming
investigations in connection with the activities performed pursuant
to Sections 12210 and 12211. This administrative fee shall be
collected for every device registered with each county office of
weights and measures, and paid to the Department of Food and
Agriculture Fund beginning January 1, 2012, and annually thereafter.
SEC. 4. Section 12500.9 of the Business and Professions Code is
amended to read:
12500.9. The secretary shall charge and collect an application
fee and reasonable deposit from persons submitting devices for
approval as required by Section 12500.5. Costs incurred by the
department that exceed the deposit shall be charged and collected
upon completion of all prototype-approval testing. The fees shall be
based upon the following criteria:
(a) The moneys collected are intended to compensate the secretary
for the costs of time, mileage, equipment, and administrative
services expended in providing prototype-approval service.
(b) The secretary may compensate county sealers of weights and
measures, other weights and measures jurisdictions, or private
laboratories for furnishing equipment and assisting the department in
conducting prototype-approval activities.
(c) The amount of compensation provided for in subdivision (b)
shall be based upon actual time, mileage, and equipment costs, as
determined by the secretary.
(d) The secretary may charge an annual administrative fee not to
exceed reasonable costs incurred for the maintenance of type approval
certificates in hard copy and electronic formats.
(e) The secretary may adopt rules and regulations necessary to
implement the provisions of this section.
(f) All fees collected under the provisions of this section shall
be deposited in the Department of Food and Agriculture Fund.
SEC. 5. Section 19620.2 is added to the Business and Professions
Code, to read:
19620.2. (a) Any unallocated balance from Section 19620.1 is
hereby appropriated without regard to fiscal years for allocation by
the Secretary of Food and Agriculture for capital outlay to
California fairs for fair projects involving public health and
safety, for fair projects involving major and deferred maintenance,
for fair projects necessary due to any emergency, for projects that
are required by physical changes to the fair site, for projects that
are required to protect the fair property or installation, such as
fencing and flood protection, and for the acquisition or improvement
of any property or facility that will serve to enhance the operation
of the fair.
(b) A portion of the funds subject to allocation pursuant to
subdivision (a) may be allocated to California fairs for general
operational support. It is the intent of the Legislature that these
moneys be used primarily for those fairs whose sources of revenue may
be limited for purposes specified in this section.
SEC. 6. Section 5653.1 of the Fish and Game Code is amended to
read:
5653.1. (a) The issuance of permits to operate vacuum or suction
dredge equipment is a project pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and permits may only be issued,
and vacuum or suction dredge mining may only occur as authorized by
any existing permit, if the department has caused to be prepared, and
certified the completion of, an environmental impact report for the
project pursuant to the court order and consent judgment entered in
the case of Karuk Tribe of California et al. v. California Department
of Fish and Game et al., Alameda County Superior Court Case No. RG
05211597.
(b) Notwithstanding Section 5653, the use of any vacuum or suction
dredge equipment in any river, stream, or lake of this state is
prohibited until June 30, 2016, or until the director certifies to
the Secretary of State that all of the following have occurred,
whichever is earlier:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court
Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code, a
certified copy of new regulations adopted, as necessary, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(3) The new regulations described in paragraph (2) are operative.
(4) The new regulations described in paragraph (2) fully mitigate
all identified significant environmental impacts.
(5) A fee structure is in place that will fully cover all costs to
the department related to the administration of the program.
(c) The Legislature finds and declares that this section, as added
during the 2009-10 Regular Session, applies solely to vacuum and
suction dredging activities conducted for instream mining purposes.
This section does not expand or provide new authority for the
department to close or regulate suction dredging conducted for
regular maintenance of energy or water supply management
infrastructure, flood control, or navigational purposes governed by
other state or federal law.
(d) This section does not prohibit or restrict nonmotorized
recreational mining activities, including panning for gold.
SEC. 7. Section 8051.4 of the Fish and Game Code is amended to
read:
8051.4. (a) The landing tax collected pursuant to former Section
8051.3 shall be deposited in the Fish and Game Preservation Fund and
shall be used only for the Abalone Resources Restoration and
Enhancement Program. The department shall maintain internal accounts
necessary to ensure that the funds are disbursed for the purposes in
this subdivision. No more of the landing tax collected pursuant to
former Section 8051.3 than an amount equal to the regularly approved
department indirect overhead rate may be used for administration by
the department. Any interest on the revenues from the landing tax
collected pursuant to former Section 8051.3 shall be deposited in the
fund and used for the purposes in this subdivision.
(b) A Commercial Abalone Advisory Committee shall be appointed by
the director, consisting of six members who shall serve without
compensation or reimbursement of expenses. One of the members shall
be a person who was required to pay landing taxes pursuant to Section
8051.3 during the 1996-97 permit year. Each of the five remaining
members shall have held a commercial abalone diving permit during the
1996-97 permit year, and represent the following groups and
organizations:
(1) One member shall be selected from divers with a place of
residence north of Point Sur.
(2) One member shall be selected from divers with a place of
residence south of Point Dume.
(3) One member shall be selected from divers with a place of
residence south of Point Sur and north of Point Dume.
(4) Two members shall be selected from the membership of the
California Abalone Association without regard to place of residence.
This subdivision does not prohibit persons selected pursuant to
paragraph (1), (2), or (3) from also being members of the California
Abalone Association.
(c) The advisory committee shall make recommendations to the
director and the director shall use his or her best efforts to
implement those recommendations for activities to be conducted with
funds collected pursuant to Section 8051.3, and those funds collected
from any previous calendar year shall be available for use for those
activities.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2012, deletes or extends that
date.
SEC. 8. Section 8051.4 is added to the Fish and Game Code, to
read:
8051.4. (a) The landing tax collected pursuant to former Section
8051.3 shall be deposited in the Fish and Game Preservation Fund and
shall be used only for the Abalone Resources Restoration and
Enhancement Program. The department shall maintain internal accounts
necessary to ensure that the funds are disbursed for the purposes in
this section. The department may use for administration no more of
the landing tax collected pursuant to former Section 8051.3 than an
amount equal to the regularly approved department indirect overhead
rate. Any interest on the revenues from the landing tax collected
pursuant to former Section 8051.3 shall be deposited in the fund and
used for the purposes in this subdivision.
(b) This section shall become operative on January 1, 2012.
SEC. 9. Section 486 of the Food and Agricultural Code is repealed.
SEC. 10. Section 7274 of the Food and Agricultural Code is
repealed.
SEC. 11. Section 9184 is added to the Food and Agricultural Code,
to read:
9184. (a) The department may establish by regulation a fee
schedule not to exceed the reasonable costs associated with carrying
out the provisions of this division with a maximum fee not to exceed
five hundred dollars ($500) for a particular license, permit,
registration, product, or service. These fees shall only be
established when a specific benefit or service is conferred directly
to the payer and such benefit or service is not provided to those not
charged.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 12. Section 9185 of the Food and Agricultural Code is amended
to read:
9185. Any fees that are provided for by any provision of this
division and regulations promulgated pursuant to it shall be due and
payable upon receipt of a statement from the department itemizing the
kind and amount of those fees. The fees shall be paid to the
secretary within 30 days of the receipt of the statement.
SEC. 13. Section 9186 of the Food and Agricultural Code is amended
to read:
9186. Any fees that are due and payable pursuant to Section 9185
which are not paid may be recovered by the secretary in accordance
with the provisions of Section 281.
SEC. 14. Section 9187 of the Food and Agricultural Code is amended
to read:
9187. A penalty assessment of 5 percent per month of the amount
of any unpaid fees, not to exceed 25 percent, shall be collected by
the secretary when fees are not paid in accordance with Section 9185.
SEC. 15. Section 9188 of the Food and Agricultural Code is amended
to read:
9188. The secretary shall have a lien upon any livestock and real
property owned by the person owing any fees due under any provision
of this division that are not paid pursuant to Section 9185.
SEC. 16. Section 18932.1 of the Food and Agricultural Code is
amended to read:
18932.1. Any person that violates any provision of this chapter,
or any regulation that is issued pursuant to it, is liable civilly
for a penalty not to exceed five hundred dollars ($500) for each such
violation. If the court finds that a violation of this chapter was a
serious violation, or that the violation is a second or subsequent
violation, the person is civilly liable for a penalty not to exceed
fifteen thousand dollars ($15,000) for each violation. Any money that
is received pursuant to this section shall be deposited in the
Department of Food and Agriculture Fund, and upon appropriation by
the Legislature, shall be used for the purposes described in Section
221.
SEC. 17. Section 18932.2 of the Food and Agricultural Code is
amended to read:
18932.2. (a) In lieu of any civil action brought pursuant to
Section 18932.1 and in lieu of seeking prosecution pursuant to
Section 18932, the secretary may levy an administrative penalty not
to exceed five thousand dollars ($5,000) upon any person for each
violation of this chapter.
(b) Before an administrative penalty is levied, the person charged
with the violation shall be given a written notice of the proposed
action, including the nature of the violation and the amount of the
proposed penalty, and that person shall have the right to request a
hearing. The request shall be made within 20 days after the person
receives notice of the proposed action. A notice of the proposed
action, which shall be sent by certified mail to the last-known
address of the person charged, shall be considered received even if
delivery is refused or if the notice is not accepted at that address.
At the hearing, the person shall be given an opportunity to review
the secretary's evidence and to present evidence on his or her own
behalf.
(c) Any person upon whom an administrative penalty is levied may
appeal to the department, within 20 days of the date of receiving
notification of the penalty, as follows:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent and shall state the grounds for the
appeal.
(2) Any party, at the time of filing the appeal or within 10 days
thereafter, may present written evidence and a written argument to
the secretary.
(3) The secretary may grant oral arguments upon application made
at the time written arguments are made.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days prior to the date set therefor. This time
requirement may be changed upon agreement between the department and
the person appealing the penalty.
(5) The secretary shall decide the appeal based on any oral or
written arguments, briefs, and evidence received.
(6) The secretary shall render a written decision within 45 days
of the date of the appeal, or within 15 days of the date of oral
arguments. A copy of the department's decision shall be delivered or
mailed to the appellant.
(7) The secretary may sustain the decision, modify the decision by
reducing the amount of the penalty levied, or reverse the decision.
(8) A review of the secretary's decision may be sought by the
person against whom the penalty was levied pursuant to Section 1094.5
of the Code of Civil Procedure.
(d) After completion of the review procedure provided in this
section, the secretary may file a certified copy of the secretary's
final decision that directs payment of an administrative penalty and,
if applicable, any order that denies a petition for a writ of
administrative mandamus, with the clerk of the superior court of any
county. Judgment shall be entered by the clerk in conformity with the
decision or order. No fees shall be charged by the clerk of the
superior court for the performance of any official service required
in connection with the entry of a judgment pursuant to this section.
(e) Any money that is received pursuant to this section, shall be
deposited in the Department of Food and Agriculture Fund.
SEC. 18. Section 18947 of the Food and Agricultural Code is
amended to read:
18947. "Meat processing establishment" means a licensed
establishment required to be inspected pursuant to Chapter 4
(commencing with Section 18650) where livestock or poultry products
are prepared by curing, drying, smoking, or rendering and the
products are sold on the premises to household consumers, and a
licensed establishment where fallow deer products may be prepared for
transportation or sale, or transportation and sale.
SEC. 19. Section 18947.2 is added to the Food and Agricultural
Code, to read:
18947.2. "Smoking" means exposing meat or poultry products, for
the purpose of food preservation, rather than as a method of flavor
enhancement, to an environment of smoke generated from hardwood,
hardwood sawdust, corn cobs, or natural or artificial liquid smoke
that has been transformed into a true gaseous state by application of
direct heat.
SEC. 20. Section 18955 is added to the Food and Agricultural Code,
to read:
18955. No person shall operate an establishment performing any of
the functions stated in this chapter unless the establishment is
licensed and continues to meet building and sanitation standards
required by this chapter and the regulations thereunder.
SEC. 21. Section 18980 of the Food and Agricultural Code is
amended to read:
18980. (a) The application fee for a livestock meat inspector's
license or a processing inspector's license is one hundred dollars
($100). If an applicant for a license does not take the examination
within one year after the date of the receipt of the application by
the secretary, the application expires. Reexamination requires the
payment of an additional application fee.
(b) Each license shall expire on the last day of the calendar year
for which it is issued. The fee shall not be prorated.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 22. Section 18981 of the Food and Agricultural Code is
amended to read:
18981. (a) Application for renewal of a license accompanied by a
fee of one hundred dollars ($100) shall be made on or before its
expiration. Applicants for renewal of a license who have not paid the
renewal fee by the expiration date of the license shall be assessed
a twenty-five dollar ($25) penalty. Failure to pay the renewal fee
plus the penalty within 90 days of expiration shall cause a
revocation of a license.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 23. Section 19010 of the Food and Agricultural Code is
amended to read:
19010. (a) Each person shall, before operating a meat processing
establishment or a custom livestock slaughterhouse, file an
application accompanied with an application fee, with the secretary
for a license to operate the establishment. The application shall be
in such form as the secretary may prescribe.
(b) The application fee for a meat processing establishment or a
new, previously unlicensed custom livestock slaughterhouse is five
hundred dollars ($500) for a license for one year for each
establishment which the applicant desires to operate. Each license
shall expire on the last day of the calendar year for which it was
issued. The fee shall not be prorated.
(c) The fee for a license application submitted upon a change of
ownership of an existing, previously licensed custom livestock
slaughterhouse shall be based on the number of head of livestock
slaughtered by the custom livestock slaughterhouse during the
preceding October through September time period as described in
subdivision (a) of Section 19011.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 24. Section 19011 of the Food and Agricultural Code is
amended to read:
19011. (a) Application for renewal of a license accompanied by a
renewal fee shall be made on or before its expiration.
(1) The annual renewal fee for a custom livestock slaughterhouse
is:
(A) Five hundred dollars ($500) if the plant slaughtered 1,000 or
fewer head of livestock during the preceding October through
September time period.
(B) Seven hundred fifty dollars ($750) if the plant slaughtered
between 1,000 and 5,000 head of livestock during the preceding
October through September time period.
(C) One thousand two hundred dollars ($1,200) if the plant
slaughtered over 5,000 head of livestock during the preceding October
through September time period.
(2) The annual renewal fee for a meat reprocessing establishment
is five hundred dollars ($500).
(b) Applicants for renewal who have not paid the renewal fee by
the expiration date of the license shall be assessed a penalty of 10
percent of the unpaid
balance. Failure to pay the renewal fee plus the penalty within 90
days of expiration shall cause a revocation of a license.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 25. Section 19032 of the Food and Agricultural Code is
amended to read:
19032. Any person that violates any provision of this chapter, or
any regulation that is issued pursuant to it, is liable civilly for
a penalty in an amount not to exceed five hundred dollars ($500) for
each such violation. If the court finds that the violation of this
chapter was a serious violation, or that the violation is a second or
subsequent violation, the person is liable civilly for a penalty not
to exceed fifteen thousand dollars ($15,000) for each such
violation.
SEC. 26. Section 19033.1 of the Food and Agricultural Code is
amended to read:
19033.1. (a) In lieu of any civil action brought pursuant to
Section 19032 and in lieu of seeking prosecution pursuant to Section
19031, the secretary may levy an administrative penalty not to exceed
five thousand dollars ($5,000) upon any person for each violation of
this chapter.
(b) Before an administrative penalty is levied, the person charged
with the violation shall be given a written notice of the proposed
action, including the nature of the violation and the amount of the
proposed penalty, and that person shall have the right to request a
hearing. The request shall be made within 20 days after the person
receives notice of the proposed action. A notice of the proposed
action, which shall be sent by certified mail to the last-known
address of the person charged, shall be considered received even if
delivery is refused or if the notice is not accepted at that address.
At the hearing, the person shall be given an opportunity to review
the department's evidence and to present evidence on his or her own
behalf.
(c) Any person upon whom an administrative penalty is levied may
appeal to the secretary, within 20 days of the date of receiving
notification of the penalty, as follows:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent and shall state the grounds for the
appeal.
(2) Any party, at the time of filing the appeal or within 10 days
thereafter, may present written evidence and a written argument to
the secretary.
(3) The secretary may grant oral arguments upon application made
at the time written arguments are made.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days prior to the date set therefor. This time
requirement may be changed upon agreement between the secretary and
the person appealing the penalty.
(5) The secretary shall decide the appeal based on any oral or
written arguments, briefs, and evidence received.
(6) The secretary shall render a written decision within 45 days
of the date of the appeal, or within 15 days of the date of oral
arguments. A copy of the secretary's decision shall be delivered or
mailed to the appellant.
(7) The secretary may sustain the decision, modify the decision by
reducing the amount of the penalty levied, or reverse the decision.
(8) A review of the secretary's decision may be sought by the
person against whom the penalty was levied pursuant to Section 1094.5
of the Code of Civil Procedure.
(d) After completion of the review procedure provided in this
section, the secretary may file a certified copy of the department's
final decision that directs payment of an administrative penalty and,
if applicable, any order that denies a petition for a writ of
administrative mandamus, with the clerk of the superior court of any
county. Judgment shall be entered by the clerk in conformity with the
decision or order. No fees shall be charged by the clerk of the
superior court for the performance of any official service required
in connection with the entry of a judgment pursuant to this section.
(e) Any money that is received pursuant to this section shall be
deposited in the Department of Food and Agriculture Fund.
SEC. 27. Section 19040 of the Food and Agricultural Code is
repealed.
SEC. 28. Section 19040 is added to the Food and Agricultural Code,
to read:
19040. (a) All fees, charges, and collections collected pursuant
to this chapter shall be deposited in the Department of Food and
Agriculture Fund.
(b) All fees, charges, and collections collected pursuant to this
chapter shall be used for the enforcement of this chapter and shall
be for a specific benefit or privilege conferred directly to the
payer and such benefit or privilege shall not be provided to those
not charged.
(c) Fees shall not exceed the reasonable costs associated with
issuing the license or permit, performing investigations,
inspections, and audits, enforcing provisions pursuant to the license
or permit, and administrative enforcement and adjudication thereof.
SEC. 29. Section 19445 of the Food and Agricultural Code is
amended to read:
19445. (a) In lieu of levying a civil penalty pursuant to Section
19447, and in lieu of seeking prosecution, upon complaint of the
secretary, the Attorney General may bring an action for civil
penalties in any court of competent jurisdiction in this state
against any person who violates Article 6 (commencing with Section
19300), Article 6.5 (commencing with Section 19310), or any
regulation adopted pursuant to those articles. The civil penalty
imposed shall not exceed ten thousand dollars ($10,000) for each
violation.
(b) Any funds recovered by the secretary pursuant to this section
shall be deposited in the Department of Food and Agriculture Fund,
and upon appropriation by the Legislature, shall be used for the
purposes described in Section 221.
SEC. 30. Section 19447 of the Food and Agricultural Code is
amended to read:
19447. (a) In lieu of any civil action pursuant to Section 19445,
and in lieu of seeking prosecution, the secretary may levy a civil
penalty against a person who violates Article 6 (commencing with
Section 19300), Article 6.5 (commencing with Section 19310), or any
regulation adopted pursuant to those articles, in an amount not to
exceed one thousand dollars ($1,000) for each violation.
(b) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be granted the opportunity to review the secretary's evidence
and, for up to 30 days following the issuance of the notice, the
opportunity to present written argument and evidence to the secretary
as to why the civil penalty should not be imposed or should be
reduced from the amount specified in the penalty notice.
Notwithstanding Chapter 4.5 (commencing with Section 11400) of, and
Chapter 5 (commencing with Section 11500) of, Part 1 of Division 3 of
Title 2 of the Government Code or any other provision of law, this
section does not require the department to conduct either a formal or
informal hearing. The secretary instead may dispose of the matter
upon review of the documentation presented.
(c) Any person upon whom a civil penalty is levied may appeal to
the secretary within 10 days of the date of receiving notification of
the penalty, as follows:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent and shall state the grounds for the
appeal.
(2) Any party, at the time of filing the appeal, or within 10 days
thereafter, may present written evidence and a written argument to
the secretary.
(3) The secretary may grant oral arguments upon application made
at the time written arguments are made.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days prior to the date set therefor. This time
requirement may be altered by an agreement between the secretary and
the person appealing the penalty.
(5) The secretary shall decide the appeal on any oral or written
arguments, briefs, and evidence that he or she has received.
(6) The secretary shall render a written decision within 45 days
of the date of appeal, or within 15 days of the date of oral
arguments. A copy of the secretary's decision shall be delivered or
mailed to the appellant.
(7) The secretary may sustain the decision, modify the decision by
reducing the amount of the penalty levied, or reverse the decision.
(8) A review of the decision of the secretary may be sought by the
appellant pursuant to Section 1094.5 of the Code of Civil Procedure.
(d) Any penalties levied by the secretary pursuant to this section
shall be deposited in the Department of Food and Agriculture Fund,
and upon appropriation by the Legislature, shall be used for the
purposes described in Section 221.
SEC. 31. Section 24563 of the Food and Agricultural Code is
amended to read:
24563. (a) If slaughtering or carcass preparation or processing
of poultry meats and poultry meat products is conducted in an
establishment where state inspection is maintained at hours
considered overtime for state employees or on legal holidays, the
owner or operator of the establishment shall, by contract or
agreement with the department, make arrangement to defray the
additional cost for salaries and expenses for persons employed by the
department to conduct the necessary poultry meat inspection work
during the overtime periods.
(b) Moneys collected pursuant to this section shall be deposited
in the Department of Food and Agriculture Fund.
SEC. 32. Section 24744 of the Food and Agricultural Code is
amended to read:
24744. (a) The application fee for a new, previously unlicensed
poultry plant is five hundred dollars ($500) for a license for one
year for each poultry plant which the applicant desires to operate.
(b) The fee for a license application submitted upon change of
ownership of an existing, previously licensed poultry plant shall be
based on the number of poultry slaughtered by the poultry plant
during the preceding October through September time period as
described in subdivision (b) of Section 24745.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 33. Section 24745 of the Food and Agricultural Code is
repealed.
SEC. 34. Section 24745 is added to the Food and Agricultural Code,
to read:
24745. (a) Application for renewal of a license accompanied by a
renewal fee shall be made on or before its expiration.
(b) The annual license renewal fee for a poultry plant is:
(1) Five hundred dollars ($500) if the plant slaughtered 10,000 or
fewer poultry during the preceding October through September time
period.
(2) Seven hundred fifty dollars ($750) if the plant slaughtered
between 10,000 and 100,000 poultry during the preceding October
through September time period.
(3) One thousand two hundred dollars ($1,200) if the plant
slaughtered over 100,000 poultry during the preceding October through
September time period.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 35. Section 24746 of the Food and Agricultural Code is
repealed.
SEC. 36. Section 24746 is added to the Food and Agricultural Code,
to read:
24746. Each license shall expire on the last day of the calendar
year for which it is issued. The fee shall not be prorated.
SEC. 37. Section 24748 of the Food and Agricultural Code is
repealed.
SEC. 38. Section 24748 is added to the Food and Agricultural Code,
to read:
24748. Applicants for renewal who have not paid the renewal fee
by the expiration date of the license shall be assessed a penalty of
10 percent of the unpaid balance. Failure to pay the renewal fee plus
the penalty within 90 days of expiration shall cause a revocation of
a license.
SEC. 39. Section 24752 is added to the Food and Agricultural Code,
to read:
24752. (a) All fees, charges, and collections collected pursuant
to Sections 24744, 24745, and 24748 shall be deposited in the
Department of Food and Agriculture Fund.
(b) All fees, charges, and collections collected pursuant to
Sections 24744, 24745, and 24748 shall be used for the enforcement of
this division and shall be for a specific benefit or privilege
conferred directly to the payer and such benefit or privilege shall
not be provided to those not charged.
(c) Fees shall not exceed the reasonable costs associated with
issuing a license or permit, performing investigations, inspections,
and audits, enforcing provisions pursuant to the license or permit,
and administrative enforcement and adjudication thereof.
SEC. 40. Section 25053 of the Food and Agricultural Code is
amended to read:
25053. (a) The application fee for a license is one hundred
dollars ($100).
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 41. Section 25055 of the Food and Agricultural Code is
amended to read:
25055. (a) Application for renewal of a license accompanied by a
fee of one hundred dollars ($100) shall be made on or before the last
day of the calendar year for which the license was issued.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 42. Section 25056 of the Food and Agricultural Code is
repealed.
SEC. 43. Section 25056 is added to the Food and Agricultural Code,
to read:
25056. (a) Applicants for renewal who have not paid the renewal
fee by the expiration date of the license shall be assessed a
twenty-five dollar ($25) penalty. Failure to pay the renewal fee plus
the penalty within 90 days of expiration shall cause a revocation of
a license.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 44. Section 25063 is added to the Food and Agricultural Code,
to read:
25063. (a) All fees, charges, and collections collected pursuant
to Sections 25053, 25055, and 25056 shall be deposited in the
Department of Food and Agriculture Fund.
(b) All fees, charges, and collections collected pursuant to
Sections 25053, 25055, and 25056 shall be used for the enforcement of
this division and shall be for a specific benefit or privilege
conferred directly to the payer and such benefit or privilege shall
not be provided to those not charged.
(c) Fees shall not exceed the reasonable costs associated with
issuing a license or permit, performing investigations, inspections,
and audits, enforcing provisions pursuant to the license or permit,
and administrative enforcement and adjudication thereof.
SEC. 45. Section 52356 of the Food and Agricultural Code is
amended to read:
52356. Total expenditures from funds derived from registration
fees and dollar volume assessments under this chapter shall not
exceed the department's cost of carrying out this chapter.
SEC. 46. Section 8574.7 of the Government Code is amended to read:
8574.7. The Governor shall require the administrator, in
consultation with the State Interagency Oil Spill Committee and not
in conflict with the National Contingency Plan, to amend the
California oil spill contingency plan by adding a marine oil spill
contingency planning section that provides for the best achievable
protection of the coast and marine waters. "Administrator" for
purposes of this section means the administrator appointed by the
Governor pursuant to Section 8670.4. The marine oil spill contingency
planning section shall consist of all of the following elements:
(a) A state marine response element that specifies the hierarchy
for state and local agency response to an oil spill. The element
shall define the necessary tasks for oversight and control of cleanup
and removal activities associated with a marine oil spill and shall
specify each agency's particular responsibility in carrying out these
tasks. The element shall also include an organizational chart of the
state marine oil spill response organization and a definition of the
resources, capabilities, and response assignments of each agency
involved in cleanup and removal actions in a marine oil spill.
(b) A regional and local planning element that shall provide the
framework for the involvement of regional and local agencies in the
state effort to respond to a marine oil spill, and shall ensure the
effective and efficient use of regional and local resources in all of
the following:
(1) Traffic and crowd control.
(2) Firefighting.
(3) Boating traffic control.
(4) Radio and communications control and provision of access to
equipment.
(5) Identification and use of available local and regional
equipment or other resources suitable for use in cleanup and removal
actions.
(6) Identification of private and volunteer resources or personnel
with special or unique capabilities relating to marine oil spill
cleanup and removal actions.
(7) Provision of medical emergency services.
(8) Consideration of the identification and use of private working
craft and mariners, including commercial fishing vessels and
licensed commercial fishing men and women, in containment, cleanup,
and removal actions.
(c) A coastal protection element that establishes the state
standards for coastline protection. The administrator, in
consultation with the State Interagency Oil Spill Committee, the
Coast Guard and Navy, and the shipping industry, shall develop
criteria for coastline protection. If appropriate, the administrator
shall consult with representatives from the States of Alaska,
Washington, and Oregon, the Province of British Columbia in Canada,
and the Republic of Mexico. The criteria shall designate at least all
of the following:
(1) Appropriate shipping lanes and navigational aids for tankers,
barges, and other commercial vessels to reduce the likelihood of
collisions between tankers, barges, and other commercial vessels.
Designated shipping lanes shall be located off the coastline at a
distance sufficient to significantly reduce the likelihood that
disabled vessels will run aground along the coast of the state.
(2) Ship position reporting and communications requirements.
(3) Required predeployment of protective equipment for sensitive
environmental areas along the coastline.
(4) Required emergency response vessels that are capable of
preventing disabled tankers from running aground.
(5) Required emergency response vessels that are capable of
commencing oil cleanup operations before spilled oil can reach the
shoreline.
(6) An expedited decisionmaking process for dispersant use in
coastal waters. Prior to adoption of the process, the administrator
shall ensure that a comprehensive testing program is carried out for
any dispersant proposed for use in California marine waters. The
testing program shall evaluate toxicity and effectiveness of the
dispersants.
(7) Required rehabilitation facilities for wildlife injured by
spilled oil.
(8) An assessment of how activities that usually require a permit
from a state or local agency may be expedited or issued by the
administrator in the event of an oil spill.
(d) An environmentally and ecologically sensitive areas element
that shall provide the framework for prioritizing and ensuring the
protection of environmentally and ecologically sensitive areas. The
environmentally and ecologically sensitive areas element shall be
developed by the administrator, in conjunction with appropriate local
agencies, and shall include all of the following:
(1) Identification and prioritization of environmentally and
ecologically sensitive areas in marine waters and along the coast.
Identification and prioritization of environmentally and ecologically
sensitive areas shall not prevent or excuse the use of all
reasonably available containment and cleanup resources from being
used to protect every environmentally and ecologically sensitive area
possible. Environmentally and ecologically sensitive areas shall be
prioritized through the evaluation of criteria, including, but not
limited to, all of the following:
(A) Risk of contamination by oil after a spill.
(B) Environmental, ecological, recreational, and economic
importance.
(C) Risk of public exposure should the area be contaminated.
(2) Regional maps depicting environmentally and ecologically
sensitive areas in marine waters or along the coast that shall be
distributed to facilities and local and state agencies. The maps
shall designate those areas that have particularly high priority for
protection against oil spills.
(3) A plan for protection actions required to be taken in the
event of an oil spill for each of the environmentally and
ecologically sensitive areas and protection priorities for the first
24 to 48 hours after an oil spill shall be specified.
(4) The location of available response equipment and the
availability of trained personnel to deploy the equipment to protect
the priority environmentally and ecologically sensitive areas.
(5) A program for systemically testing and revising, if necessary,
protection strategies for each of the priority environmentally and
ecologically sensitive areas.
(6) Any recommendations for action that cannot be financed or
implemented pursuant to existing authority of the administrator,
which shall also be reported to the Legislature along with
recommendations for financing those actions.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 47. Section 8574.7 is added to the Government Code, to read:
8574.7. The Governor shall require the administrator, not in
conflict with the National Contingency Plan, to amend the California
oil spill contingency plan by adding a marine oil spill contingency
planning section that provides for the best achievable protection of
the coast and marine waters. "Administrator" for purposes of this
section means the administrator appointed by the Governor pursuant to
Section 8670.4. The marine oil spill contingency planning section
shall consist of all of the following elements:
(a) A state marine response element that specifies the hierarchy
for state and local agency response to an oil spill. The element
shall define the necessary tasks for oversight and control of cleanup
and removal activities associated with a marine oil spill and shall
specify each agency's particular responsibility in carrying out these
tasks. The element shall also include an organizational chart of the
state marine oil spill response organization and a definition of the
resources, capabilities, and response assignments of each agency
involved in cleanup and removal actions in a marine oil spill.
(b) A regional and local planning element that shall provide the
framework for the involvement of regional and local agencies in the
state effort to respond to a marine oil spill, and shall ensure the
effective and efficient use of regional and local resources in all of
the following:
(1) Traffic and crowd control.
(2) Firefighting.
(3) Boating traffic control.
(4) Radio and communications control and provision of access to
equipment.
(5) Identification and use of available local and regional
equipment or other resources suitable for use in cleanup and removal
actions.
(6) Identification of private and volunteer resources or personnel
with special or unique capabilities relating to marine oil spill
cleanup and removal actions.
(7) Provision of medical emergency services.
(8) Consideration of the identification and use of private working
craft and mariners, including commercial fishing vessels and
licensed commercial fishing men and women, in containment, cleanup,
and removal actions.
(c) A coastal protection element that establishes the state
standards for coastline protection. The administrator, in
consultation with the Coast Guard and Navy and the shipping industry,
shall develop criteria for coastline protection. If appropriate, the
administrator shall consult with representatives from the States of
Alaska, Washington, and Oregon, the Province of British Columbia in
Canada, and the Republic of Mexico. The criteria shall designate at
least all of the following:
(1) Appropriate shipping lanes and navigational aids for tankers,
barges, and other commercial vessels to reduce the likelihood of
collisions between tankers, barges, and other commercial vessels.
Designated shipping lanes shall be located off the coastline at a
distance sufficient to significantly reduce the likelihood that
disabled vessels will run aground along the coast of the state.
(2) Ship position reporting and communications requirements.
(3) Required predeployment of protective equipment for sensitive
environmental areas along the coastline.
(4) Required emergency response vessels that are capable of
preventing disabled tankers from running aground.
(5) Required emergency response vessels that are capable of
commencing oil cleanup operations before spilled oil can reach the
shoreline.
(6) An expedited decisionmaking process for dispersant use in
coastal waters. Prior to adoption of the process, the administrator
shall ensure that a comprehensive testing program is carried out for
any dispersant proposed for use in California marine waters. The
testing program shall evaluate toxicity and effectiveness of the
dispersants.
(7) Required rehabilitation facilities for wildlife injured by
spilled oil.
(8) An assessment of how activities that usually require a permit
from a state or local agency may be expedited or issued by the
administrator in the event of an oil spill.
(d) An environmentally and ecologically sensitive areas element
that shall provide the framework for prioritizing and ensuring the
protection of environmentally and ecologically sensitive areas. The
environmentally and ecologically sensitive areas element shall be
developed by the administrator, in conjunction with appropriate local
agencies, and shall
include all of the following:
(1) Identification and prioritization of environmentally and
ecologically sensitive areas in marine waters and along the coast.
Identification and prioritization of environmentally and ecologically
sensitive areas shall not prevent or excuse the use of all
reasonably available containment and cleanup resources from being
used to protect every environmentally and ecologically sensitive area
possible. Environmentally and ecologically sensitive areas shall be
prioritized through the evaluation of criteria, including, but not
limited to, all of the following:
(A) Risk of contamination by oil after a spill.
(B) Environmental, ecological, recreational, and economic
importance.
(C) Risk of public exposure should the area be contaminated.
(2) Regional maps depicting environmentally and ecologically
sensitive areas in marine waters or along the coast that shall be
distributed to facilities and local and state agencies. The maps
shall designate those areas that have particularly high priority for
protection against oil spills.
(3) A plan for protection actions required to be taken in the
event of an oil spill for each of the environmentally and
ecologically sensitive areas and protection priorities for the first
24 to 48 hours after an oil spill shall be specified.
(4) The location of available response equipment and the
availability of trained personnel to deploy the equipment to protect
the priority environmentally and ecologically sensitive areas.
(5) A program for systemically testing and revising, if necessary,
protection strategies for each of the priority environmentally and
ecologically sensitive areas.
(6) Any recommendations for action that cannot be financed or
implemented pursuant to existing authority of the administrator,
which shall also be reported to the Legislature along with
recommendations for financing those actions.
(e) This section shall become operative on January 1, 2012.
SEC. 48. Section 8574.9 of the Government Code is amended to read:
8574.9. (a) The State Interagency Oil Spill Committee shall
consist of all of the following persons:
(1) The administrator named by the Governor pursuant to Section
8670.4.
(2) The Chairperson of the State Lands Commission, or his or her
designee.
(3) The Chairperson of the California Coastal Commission, or his
or her designee.
(4) The Chairperson of the San Francisco Bay Conservation and
Development Commission, or his or her designee. The chairperson of
the commission shall only have voting and decisionmaking authority
regarding matters under the jurisdiction of the commission.
(5) A designated representative from all of the following
agencies:
(A) The California Emergency Management Agency.
(B) The State Water Resources Control Board.
(C) The Department of Justice.
(D) The California Highway Patrol.
(E) The California National Guard.
(F) The Division of Oil and Gas in the Department of Conservation.
(G) The Department of Toxic Substances Control.
(H) The Department of Transportation.
(I) The Department of Parks and Recreation.
(J) The Department of Water Resources.
(K) The Department of Forestry and Fire Protection.
(L) The State Fire Marshal.
(M) The California regional water quality control boards (one
representative).
(N) The Resources Agency.
(O) The California Environmental Protection Agency.
(P) The California Conservation Corps.
(Q) The Office of Environmental Health Hazard Assessment.
(R) The Division of Occupational Safety and Health in the
Department of Industrial Relations.
(b) The administrator shall be the chairperson of the committee.
The administrator shall ensure that personnel serve as staff to the
committee.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 49. Section 8574.10 of the Government Code is amended to
read:
8574.10. (a) The Review Subcommittee of the State Interagency Oil
Spill Committee is hereby established. As used in this chapter,
"review subcommittee" means the Review Subcommittee of the State
Interagency Oil Spill Committee. The Director of Fish and Game, who
shall serve as chair of the review subcommittee, the Executive
Officer of the State Lands Commission, the Executive Director of the
California Coastal Commission, the State Fire Marshal, the State Oil
and Gas Supervisor, the Executive Director of the State Water
Resources Control Board, and the Executive Director of the San
Francisco Bay Conservation and Development Commission, or their
designees, shall constitute the members of the review subcommittee.
The representative of the San Francisco Bay Conservation and
Development Commission only shall have voting and decisionmaking
authority regarding matters under the jurisdiction of the commission.
The administrator may serve as the designee of the Director of Fish
and Game.
(b) All regulations and guidelines adopted pursuant to Chapter 7.4
(commencing with Section 8670.1) and Division 7.8 (commencing with
Section 8750) of the Public Resources Code, and amendments to the
California oil spill contingency plan, shall, prior to adoption, be
submitted to the review subcommittee for review and comment.
(c) Within 60 days from the date of receipt of regulations,
guidelines, or amendments pursuant to subdivision (a), the review
subcommittee shall review and submit comments to the submitting
agency. Any recommendation of the review subcommittee shall be based
on the standards of the Lempert-Keene-Seastrand Oil Spill Prevention
and Response Act, consisting of the provisions specified in Section
8670.1. This comment period may overlap any other comment periods
required by law or allowed by the administrator.
(d) The comments and recommendations of the review subcommittee
shall not be binding on the submitting agency. Prior to adoption, and
within 30 days from the date of receipt of a response from the
review subcommittee, the submitting agency shall respond in writing
to the review subcommittee concerning all of the findings and
recommendations of the review subcommittee. The submitting agency may
reject the recommendations of the review subcommittee only if the
submitting agency determines that the action it chooses more
effectively furthers the purposes of, and more effectively complies
with, the Lempert-Keene-Seastrand Oil Spill Prevention and Response
Act. Whenever the submitting agency departs from a finding or
recommendation of the review subcommittee, the written response of
the submitting agency shall state its rationale for concluding that
its action more effectively furthers the purposes of, and more
effectively complies with, that act. Any public hearing that is
required by this chapter or any other statute shall be held after the
submitting agency has filed a response to the review subcommittee.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 50. Section 8670.3 of the Government Code is amended to read:
8670.3. Unless the context requires otherwise, the following
definitions shall govern the construction of this chapter:
(a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4.
(b) (1) "Best achievable protection" means the highest level of
protection that can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operational methods that provide the greatest degree of
protection achievable. The administrator's determination of which
measures provide the best achievable protection shall be guided by
the critical need to protect valuable coastal resources and marine
waters, while also considering all of the following:
(A) The protection provided by the measure.
(B) The technological achievability of the measure.
(C) The cost of the measure.
(2) The administrator shall not use a cost-benefit or
cost-effectiveness analysis or any particular method of analysis in
determining which measures provide the best achievable protection.
The administrator shall instead, when determining which measures
provide best achievable protection, give reasonable consideration to
the protection provided by the measures, the technological
achievability of the measures, and the cost of the measures when
establishing the requirements to provide the best achievable
protection for coastal and marine resources.
(c) (1) "Best achievable technology" means that technology that
provides the greatest degree of protection, taking into consideration
both of the following:
(A) Processes that are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development.
(B) Processes that are currently in use anywhere in the world.
(2) In determining what is the best achievable technology pursuant
to this chapter, the administrator shall consider the effectiveness
and engineering feasibility of the technology.
(d) "Dedicated response resources" means equipment and personnel
committed solely to oil spill response, containment, and cleanup that
are not used for any other activity that would adversely affect the
ability of that equipment and personnel to provide oil spill response
services in the timeframes for which the equipment and personnel are
rated.
(e) "Director" means the Director of Fish and Game.
(f) "Environmentally sensitive area" means an area defined
pursuant to the applicable area contingency plans, as created and
revised by the Coast Guard and the administrator.
(g) "Inland spill" means a release of at least one barrel (42
gallons) of oil into inland waters that is not authorized by any
federal, state, or local governmental entity.
(h) "Inland waters" means waters of the state other than marine
waters, but not including groundwater.
(i) "Local government" means a chartered or general law city, a
chartered or general law county, or a city and county.
(j) (1) "Marine facility" means any facility of any kind, other
than a tank ship or tank barge, that is or was used for the purposes
of exploring for, drilling for, producing, storing, handling,
transferring, processing, refining, or transporting oil and is
located in marine waters, or is located where a discharge could
impact marine waters unless the facility is either of the following:
(A) Subject to Chapter 6.67 (commencing with Section 25270) or
Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the
Health and Safety Code.
(B) Placed on a farm, nursery, logging site, or construction site
and does not exceed 20,000 gallons in a single storage tank.
(2) For the purposes of this chapter, "marine facility" includes a
drill ship, semisubmersible drilling platform, jack-up type drilling
rig, or any other floating or temporary drilling platform.
(3) For the purposes of this chapter, "marine facility" does not
include a small craft refueling dock.
(k) (1) "Marine terminal" means any marine facility used for
transferring oil to or from a tank ship or tank barge.
(2) "Marine terminal" includes, for purposes of this chapter, all
piping not integrally connected to a tank facility, as defined in
subdivision (m) of Section 25270.2 of the Health and Safety Code.
(l) "Marine waters" means those waters subject to tidal influence,
and includes the waterways used for waterborne commercial vessel
traffic to the Port of Sacramento and the Port of Stockton.
(m) "Mobile transfer unit" means a small marine fueling facility
that is a vehicle, truck, or trailer, including all connecting hoses
and piping, used for the transferring of oil at a location where a
discharge could impact marine waters.
(n) "Nondedicated response resources" means those response
resources identified by an Oil Spill Response Organization for oil
spill response activities that are not dedicated response resources.
(o) "Nonpersistent oil" means a petroleum-based oil, such as
gasoline or jet fuel, that evaporates relatively quickly and is an
oil with hydrocarbon fractions, at least 50 percent of which, by
volume, distills at a temperature of 645 degrees Fahrenheit, and at
least 95 percent of which, by volume, distills at a temperature of
700 degrees Fahrenheit.
(p) "Nontank vessel" means a vessel of 300 gross tons or greater
that carries oil, but does not carry that oil as cargo.
(q) "Oil" means any kind of petroleum, liquid hydrocarbons, or
petroleum products or any fraction or residues therefrom, including,
but not limited to, crude oil, bunker fuel, gasoline, diesel fuel,
aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.
(r) "Oil spill cleanup agent" means a chemical, or any other
substance, used for removing, dispersing, or otherwise cleaning up
oil or any residual products of petroleum in, or on, any of the
waters of the state.
(s) "Oil spill contingency plan" or "contingency plan" means the
oil spill contingency plan required pursuant to Article 5 (commencing
with Section 8670.28).
(t) (1) "Oil Spill Response Organization" or "OSRO" means an
individual, organization, association, cooperative, or other entity
that provides, or intends to provide, equipment, personnel, supplies,
or other services directly related to oil spill containment,
cleanup, or removal activities.
(2) A "rated OSRO" means an OSRO that has received a satisfactory
rating from the administrator for a particular rating level
established pursuant to Section 8670.30.
(3) "OSRO" does not include an owner or operator with an oil spill
contingency plan approved by the administrator or an entity that
only provides spill management services, or who provides services or
equipment that are only ancillary to containment, cleanup, or removal
activities.
(u) "Onshore facility" means a facility of any kind that is
located entirely on lands not covered by marine waters.
(v) (1) "Owner" or "operator" means any of the following:
(A) In the case of a vessel, a person who owns, has an ownership
interest in, operates, charters by demise, or leases, the vessel.
(B) In the case of a marine facility, a person who owns, has an
ownership interest in, or operates the marine facility.
(C) Except as provided in subparagraph (D), in the case of a
vessel or marine facility, where title or control was conveyed due to
bankruptcy, foreclosure, tax delinquency, abandonment, or similar
means to an entity of state or local government, a person who owned,
held an ownership interest in, operated, or otherwise controlled
activities concerning the vessel or marine facility immediately
beforehand.
(D) An entity of the state or local government that acquired
ownership or control of a vessel or marine facility, when the entity
of the state or local government has caused or contributed to a spill
or discharge of oil into marine waters.
(2) "Owner" or "operator" does not include a person who, without
participating in the management of a vessel or marine facility, holds
indicia of ownership primarily to protect the person's security
interest in the vessel or marine facility.
(3) "Operator" does not include a person who owns the land
underlying a marine facility or the facility itself if the person is
not involved in the operations of the facility.
(w) "Person" means an individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, and association. "Person" also includes a
city, county, city and county, district, and the state or any
department or agency thereof, and the federal government, or any
department or agency thereof, to the extent permitted by law.
(x) "Pipeline" means a pipeline used at any time to transport oil.
(y) "Reasonable worst case spill" means, for the purposes of
preparing contingency plans for a nontank vessel, the total volume of
the largest fuel tank on the nontank vessel.
(z) "Responsible party" or "party responsible" means any of the
following:
(1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
(2) The owner, operator, or lessee of, or a person that charters
by demise, a vessel or marine facility, or a person or entity
accepting responsibility for the vessel or marine facility.
(aa) "Small craft" means a vessel, other than a tank ship or tank
barge, that is less than 20 meters in length.
(ab) "Small craft refueling dock" means a waterside operation that
dispenses only nonpersistent oil in bulk and small amounts of
persistent lubrication oil in containers primarily to small craft and
meets both of the following criteria:
(1) Has tank storage capacity not exceeding 20,000 gallons in any
single storage tank or tank compartment.
(2) Has total usable tank storage capacity not exceeding 75,000
gallons.
(ac) "Small marine fueling facility" means either of the
following:
(1) A mobile transfer unit.
(2) A fixed facility that is not a marine terminal, that dispenses
primarily nonpersistent oil, that may dispense small amounts of
persistent oil, primarily to small craft, and that meets all of the
following criteria:
(A) Has tank storage capacity greater than 20,000 gallons but not
more than 40,000 gallons in any single storage tank or storage tank
compartment.
(B) Has total usable tank storage capacity not exceeding 75,000
gallons.
(C) Had an annual throughput volume of over-the-water transfers of
oil that did not exceed 3,000,000 gallons during the most recent
preceding 12-month period.
(ad) "Spill" or "discharge" means a release of at least one barrel
(42 gallons) of oil into marine waters that is not authorized by a
federal, state, or local government entity.
(ae) "California oil spill contingency plan" means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7.
(af) "Tank barge" means a vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.
(ag) "Tank ship" means a self-propelled vessel that is constructed
or adapted for the carriage of oil in bulk or in commercial
quantities as cargo.
(ah) "Tank vessel" means a tank ship or tank barge.
(ai) "Vessel" means a watercraft or ship of any kind, including
every structure adapted to be navigated from place to place for the
transportation of merchandise or persons.
(aj) "Vessel carrying oil as secondary cargo" means a vessel that
does not carry oil as a primary cargo, but does carry oil in bulk as
cargo or cargo residue.
This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.
SEC. 51. Section 8670.3 is added to the Government Code, to read:
8670.3. Unless the context requires otherwise, the following
definitions shall govern the construction of this chapter:
(a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4.
(b) (1) "Best achievable protection" means the highest level of
protection that can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operational methods that provide the greatest degree of
protection achievable. The administrator's determination of which
measures provide the best achievable protection shall be guided by
the critical need to protect valuable coastal resources and marine
waters, while also considering all of the following:
(A) The protection provided by the measure.
(B) The technological achievability of the measure.
(C) The cost of the measure.
(2) The administrator shall not use a cost-benefit or
cost-effectiveness analysis or any particular method of analysis in
determining which measures provide the best achievable protection.
The administrator shall instead, when determining which measures
provide best achievable protection, give reasonable consideration to
the protection provided by the measures, the technological
achievability of the measures, and the cost of the measures when
establishing the requirements to provide the best achievable
protection for coastal and marine resources.
(c) (1) "Best achievable technology" means that technology that
provides the greatest degree of protection, taking into consideration
both of the following:
(A) Processes that are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development.
(B) Processes that are currently in use anywhere in the world.
(2) In determining what is the best achievable technology pursuant
to this chapter, the administrator shall consider the effectiveness
and engineering feasibility of the technology.
(d) "Dedicated response resources" means equipment and personnel
committed solely to oil spill response, containment, and cleanup that
are not used for any other activity that would adversely affect the
ability of that equipment and personnel to provide oil spill response
services in the timeframes for which the equipment and personnel are
rated.
(e) "Director" means the Director of Fish and Game.
(f) "Environmentally sensitive area" means an area defined
pursuant to the applicable area contingency plans, as created and
revised by the Coast Guard and the administrator.
(g) "Inland spill" means a release of at least one barrel (42
gallons) of oil into inland waters that is not authorized by any
federal, state, or local governmental entity.
(h) "Inland waters" means waters of the state other than marine
waters, but not including groundwater.
(i) "Local government" means a chartered or general law city, a
chartered or general law county, or a city and county.
(j) (1) "Marine facility" means any facility of any kind, other
than a tank ship or tank barge, that is or was used for the purposes
of exploring for, drilling for, producing, storing, handling,
transferring, processing, refining, or transporting oil and is
located in marine waters, or is located where a discharge could
impact marine waters unless the facility is either of the following:
(A) Subject to Chapter 6.67 (commencing with Section 25270) or
Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the
Health and Safety Code.
(B) Placed on a farm, nursery, logging site, or construction site
and does not exceed 20,000 gallons in a single storage tank.
(2) For the purposes of this chapter, "marine facility" includes a
drill ship, semisubmersible drilling platform, jack-up type drilling
rig, or any other floating or temporary drilling platform.
(3) For the purposes of this chapter, "marine facility" does not
include a small craft refueling dock.
(k) (1) "Marine terminal" means any marine facility used for
transferring oil to or from a tank ship or tank barge.
(2) "Marine terminal" includes, for purposes of this chapter, all
piping not integrally connected to a tank facility, as defined in
subdivision (m) of Section 25270.2 of the Health and Safety Code.
(l) "Marine waters" means those waters subject to tidal influence,
and includes the waterways used for waterborne commercial vessel
traffic to the Port of Sacramento and the Port of Stockton.
(m) "Mobile transfer unit" means a small marine fueling facility
that is a vehicle, truck, or trailer, including all connecting hoses
and piping, used for the transferring of oil at a location where a
discharge could impact marine waters.
(n) "Nondedicated response resources" means those response
resources identified by an Oil Spill Response Organization for oil
spill response activities that are not dedicated response resources.
(o) "Nonpersistent oil" means a petroleum-based oil, such as
gasoline or jet fuel, that evaporates relatively quickly and is an
oil with hydrocarbon fractions, at least 50 percent of which, by
volume, distills at a temperature of 645 degrees Fahrenheit, and at
least 95 percent of which, by volume, distills at a temperature of
700 degrees Fahrenheit.
(p) "Nontank vessel" means a vessel of 300 gross tons or greater
that carries oil, but does not carry that oil as cargo.
(q) "Oil" means any kind of petroleum, liquid hydrocarbons, or
petroleum products or any fraction or residues therefrom, including,
but not limited to, crude oil, bunker fuel, gasoline, diesel fuel,
aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.
(r) "Oil spill cleanup agent" means a chemical, or any other
substance, used for removing, dispersing, or otherwise cleaning up
oil or any residual products of petroleum in, or on, any of the
waters of the state.
(s) "Oil spill contingency plan" or "contingency plan" means the
oil spill contingency plan required pursuant to Article 5 (commencing
with Section 8670.28).
(t) (1) "Oil Spill Response Organization" or "OSRO" means an
individual, organization, association, cooperative, or other entity
that provides, or intends to provide, equipment, personnel, supplies,
or other services directly related to oil spill containment,
cleanup, or removal activities.
(2) A "rated OSRO" means an OSRO that has received a satisfactory
rating from the administrator for a particular rating level
established pursuant to Section 8670.30.
(3) "OSRO" does not include an owner or operator with an oil spill
contingency plan approved by the administrator or an entity that
only provides spill management services, or who provides services or
equipment that are only ancillary to containment, cleanup, or removal
activities.
(u) "Onshore facility" means a facility of any kind that is
located entirely on lands not covered by marine waters.
(v) (1) "Owner" or "operator" means any of the following:
(A) In the case of a vessel, a person who owns, has an ownership
interest in, operates, charters by demise, or leases, the vessel.
(B) In the case of a marine facility, a person who owns, has an
ownership interest in, or operates the marine facility.
(C) Except as provided in subparagraph (D), in the case of a
vessel or marine facility, where title or control was conveyed due to
bankruptcy, foreclosure, tax delinquency, abandonment, or similar
means to an entity of state or local
government, a person who owned, held an ownership
interest in, operated, or otherwise controlled activities concerning
the vessel or marine facility immediately beforehand.
(D) An entity of the state or local government that acquired
ownership or control of a vessel or marine facility, when the entity
of the state or local government has caused or contributed to a spill
or discharge of oil into marine waters.
(2) "Owner" or "operator" does not include a person who, without
participating in the management of a vessel or marine facility, holds
indicia of ownership primarily to protect the person's security
interest in the vessel or marine facility.
(3) "Operator" does not include a person who owns the land
underlying a marine facility or the facility itself if the person is
not involved in the operations of the facility.
(w) "Person" means an individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, and association. "Person" also includes a
city, county, city and county, district, and the state or any
department or agency thereof, and the federal government, or any
department or agency thereof, to the extent permitted by law.
(x) "Pipeline" means a pipeline used at any time to transport oil.
(y) "Reasonable worst case spill" means, for the purposes of
preparing contingency plans for a nontank vessel, the total volume of
the largest fuel tank on the nontank vessel.
(z) "Responsible party" or "party responsible" means any of the
following:
(1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
(2) The owner, operator, or lessee of, or a person that charters
by demise, a vessel or marine facility, or a person or entity
accepting responsibility for the vessel or marine facility.
(aa) "Small craft" means a vessel, other than a tank ship or tank
barge, that is less than 20 meters in length.
(ab) "Small craft refueling dock" means a waterside operation that
dispenses only nonpersistent oil in bulk and small amounts of
persistent lubrication oil in containers primarily to small craft and
meets both of the following criteria:
(1) Has tank storage capacity not exceeding 20,000 gallons in any
single storage tank or tank compartment.
(2) Has total usable tank storage capacity not exceeding 75,000
gallons.
(ac) "Small marine fueling facility" means either of the
following:
(1) A mobile transfer unit.
(2) A fixed facility that is not a marine terminal, that dispenses
primarily nonpersistent oil, that may dispense small amounts of
persistent oil, primarily to small craft, and that meets all of the
following criteria:
(A) Has tank storage capacity greater than 20,000 gallons but not
more than 40,000 gallons in any single storage tank or storage tank
compartment.
(B) Has total usable tank storage capacity not exceeding 75,000
gallons.
(C) Had an annual throughput volume of over-the-water transfers of
oil that did not exceed 3,000,000 gallons during the most recent
preceding 12-month period.
(ad) "Spill" or "discharge" means a release of at least one barrel
(42 gallons) of oil into marine waters that is not authorized by a
federal, state, or local government entity.
(ae) "California oil spill contingency plan" means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7.
(af) "Tank barge" means a vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.
(ag) "Tank ship" means a self-propelled vessel that is constructed
or adapted for the carriage of oil in bulk or in commercial
quantities as cargo.
(ah) "Tank vessel" means a tank ship or tank barge.
(ai) "Vessel" means a watercraft or ship of any kind, including
every structure adapted to be navigated from place to place for the
transportation of merchandise or persons.
(aj) "Vessel carrying oil as secondary cargo" means a vessel that
does not carry oil as a primary cargo, but does carry oil in bulk as
cargo or cargo residue.
This section shall become operative on January 1, 2012.
SEC. 52. Section 8670.7 of the Government Code is amended to read:
8670.7. (a) The administrator, subject to the Governor, has the
primary authority to direct prevention, removal, abatement, response,
containment, and cleanup efforts with regard to all aspects of any
oil spill in the marine waters of the state, in accordance with any
applicable marine facility or vessel contingency plan and the
California oil spill contingency plan. The administrator shall
cooperate with any federal on-scene coordinator, as specified in the
National Contingency Plan.
(b) The administrator shall implement the California oil spill
contingency plan, required pursuant to Section 8574.1, to the fullest
extent possible.
(c) The administrator shall do both of the following:
(1) Be present at the location of any oil spill of more than
100,000 gallons in marine waters, as soon as possible after notice of
the discharge.
(2) Ensure that persons trained in oil spill response and cleanup,
whether employed by the responsible party, the state, or another
private or public person or entity, are onsite to respond to,
contain, and clean up any oil spill in marine waters, as soon as
possible after notice of the discharge.
(d) Throughout the response and cleanup process, the administrator
shall apprise the members of the State Interagency Oil Spill
Committee, the air quality management district or air pollution
control district having jurisdiction over the area in which the oil
spill occurred, and the local government entities that are affected
by the spill.
(e) The administrator, with the assistance of the State Fire
Marshal, the State Lands Commission, and the federal on-scene
coordinator, shall determine the cause and amount of the discharge.
(f) The administrator shall have the state authority over the use
of all response methods, including, but not limited to, in situ
burning, dispersants, and any oil spill cleanup agents in connection
with an oil discharge. The administrator shall consult with the
federal onscene coordinator prior to exercising authority under this
subdivision.
(g) (1) The administrator shall conduct workshops, consistent with
the intent of this chapter, with the participation of appropriate
local, state, and federal agencies, including the State Air Resources
Board, air pollution control districts, and air quality management
districts, and affected private organizations, on the subject of oil
spill response technologies, including in situ burning. The workshops
shall review the latest research and findings regarding the efficacy
and toxicity of oil spill cleanup agents and other technologies,
their potential public health and safety and environmental impacts,
and any other relevant factors concerning their use in oil spill
response. In conducting these workshops, the administrator shall
solicit the views of all participating parties concerning the use of
these technologies, with particular attention to any special
considerations that apply to coastal areas and marine waters of the
state.
(2) The administrator shall publish guidelines and conduct
periodic reviews of the policies, procedures, and parameters for the
use of in situ burning, which may be implemented in the event of an
oil spill.
(h) (1) The administrator shall ensure that, as part of the
response to any significant spill, biologists or other personnel are
present and provided any support and funding necessary and
appropriate for the assessment of damages to natural resources and
for the collection of data and other evidence that may help in
determining and recovering damages.
(2) (A) The administrator shall coordinate all actions required by
state or local agencies to assess injury to, and provide full
mitigation for injury to, or to restore, rehabilitate, or replace,
natural resources, including wildlife, fisheries, wildlife or
fisheries habitat, and beaches and other coastal areas, that are
damaged by an oil spill. For purposes of this subparagraph, "actions
required by state or local agencies" include, but are not limited to,
actions required by state trustees under Section 1006 of the Oil
Pollution Act of 1990 (33 U.S.C. Sec. 2706) and actions required
pursuant to Section 8670.61.5.
(B) The responsible party shall be liable for all coordination
costs incurred by the administrator.
(3) Nothing in this subdivision shall be construed to give the
administrator any authority to administer state or local laws or to
limit the authority of another state or local agency to implement and
enforce state or local laws under its jurisdiction, nor does this
subdivision limit the authority or duties of the administrator under
this chapter or limit the authority of an agency to enforce existing
permits or permit conditions.
(i) (1) The administrator shall enter into a memorandum of
understanding with the executive director of the State Water
Resources Control Board, acting for the State Water Resources Control
Board and the California regional water quality control boards, and
with the approval of the State Water Resources Control Board, to
address discharges, other than dispersants, that are incidental to,
or directly associated with, the response, containment, and cleanup
of an existing or threatened oil spill conducted pursuant to this
chapter.
(2) The memorandum of understanding entered into pursuant to
paragraph (1) shall address any permits, requirements, or
authorizations that are required for the specified discharges. The
memorandum of understanding shall be consistent with requirements
that protect state water quality and beneficial uses and with any
applicable provisions of the Porter-Cologne Water Quality Control Act
(Division 7 (commencing with Section 13000) of the Water Code) or
the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and shall
expedite efficient oil spill response.
(j) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 53. Section 8670.7 is added to the Government Code, to read:
8670.7. (a) The administrator, subject to the Governor, has the
primary authority to direct prevention, removal, abatement, response,
containment, and cleanup efforts with regard to all aspects of any
oil spill in the marine waters of the state, in accordance with any
applicable marine facility or vessel contingency plan and the
California oil spill contingency plan. The administrator shall
cooperate with any federal on-scene coordinator, as specified in the
National Contingency Plan.
(b) The administrator shall implement the California oil spill
contingency plan, required pursuant to Section 8574.1, to the fullest
extent possible.
(c) The administrator shall do both of the following:
(1) Be present at the location of any oil spill of more than
100,000 gallons in marine waters, as soon as possible after notice of
the discharge.
(2) Ensure that persons trained in oil spill response and cleanup,
whether employed by the responsible party, the state, or another
private or public person or entity, are onsite to respond to,
contain, and clean up any oil spill in marine waters, as soon as
possible after notice of the discharge.
(d) Throughout the response and cleanup process, the administrator
shall apprise the air quality management district or air pollution
control district having jurisdiction over the area in which the oil
spill occurred and the local government entities that are affected by
the spill.
(e) The administrator, with the assistance of the State Fire
Marshal, the State Lands Commission, and the federal on-scene
coordinator, shall determine the cause and amount of the discharge.
(f) The administrator shall have the state authority over the use
of all response methods, including, but not limited to, in situ
burning, dispersants, and any oil spill cleanup agents in connection
with an oil discharge. The administrator shall consult with the
federal on-scene coordinator prior to exercising authority under this
subdivision.
(g) (1) The administrator shall conduct workshops, consistent with
the intent of this chapter, with the participation of appropriate
local, state, and federal agencies, including the State Air Resources
Board, air pollution control districts, and air quality management
districts, and affected private organizations, on the subject of oil
spill response technologies, including in situ burning. The workshops
shall review the latest research and findings regarding the efficacy
and toxicity of oil spill cleanup agents and other technologies,
their potential public health and safety and environmental impacts,
and any other relevant factors concerning their use in oil spill
response. In conducting these workshops, the administrator shall
solicit the views of all participating parties concerning the use of
these technologies, with particular attention to any special
considerations that apply to coastal areas and marine waters of the
state.
(2) The administrator shall publish guidelines and conduct
periodic reviews of the policies, procedures, and parameters for the
use of in situ burning, which may be implemented in the event of an
oil spill.
(h) (1) The administrator shall ensure that, as part of the
response to any significant spill, biologists or other personnel are
present and provided any support and funding necessary and
appropriate for the assessment of damages to natural resources and
for the collection of data and other evidence that may help in
determining and recovering damages.
(2) (A) The administrator shall coordinate all actions required by
state or local agencies to assess injury to, and provide full
mitigation for injury to, or to restore, rehabilitate, or replace,
natural resources, including wildlife, fisheries, wildlife or
fisheries habitat, and beaches and other coastal areas, that are
damaged by an oil spill. For purposes of this subparagraph, "actions
required by state or local agencies" include, but are not limited to,
actions required by state trustees under Section 1006 of the Oil
Pollution Act of 1990 (33 U.S.C. Sec. 2706) and actions required
pursuant to Section 8670.61.5.
(B) The responsible party shall be liable for all coordination
costs incurred by the administrator.
(3) This subdivision does not give the administrator any authority
to administer state or local laws or to limit the authority of
another state or local agency to implement and enforce state or local
laws under its jurisdiction, nor does this subdivision limit the
authority or duties of the administrator under this chapter or limit
the authority of an agency to enforce existing permits or permit
conditions.
(i) (1) The administrator shall enter into a memorandum of
understanding with the executive director of the State Water
Resources Control Board, acting for the State Water Resources Control
Board and the California regional water quality control boards, and
with the approval of the State Water Resources Control Board, to
address discharges, other than dispersants, that are incidental to,
or directly associated with, the response, containment, and cleanup
of an existing or threatened oil spill conducted pursuant to this
chapter.
(2) The memorandum of understanding entered into pursuant to
paragraph (1) shall address any permits, requirements, or
authorizations that are required for the specified discharges. The
memorandum of understanding shall be consistent with requirements
that protect state water quality and beneficial uses and with any
applicable provisions of the Porter-Cologne Water Quality Control Act
(Division 7 (commencing with Section 13000) of the Water Code) or
the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and shall
expedite efficient oil spill response.
(j) This section shall become effective on January 1, 2012.
SEC. 54. 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.
(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 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.
(f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 55. Section 8670.28 is added to the Government Code, 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 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.
(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 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.
(f) This section shall become effective on January 1, 2012.
SEC. 56. 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 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 an 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. An 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 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 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, and telephone and facsimile numbers
for an agent for service of process, located within the state and
designated to receive legal documents on behalf of the owner or
operator.
(9) Provide for training and drills on elements of the plan at
least annually, with all elements of the plan subject to a drill at
least once every three years.
(c) An oil spill contingency plan for a vessel shall also include,
but is not limited to, all of the following requirements:
(1) The plan shall be submitted to the administrator at least
seven days prior to the vessel entering waters of the state.
(2) The plan shall provide evidence of compliance with the
International Safety Management Code, established by the
International Maritime Organization, as applicable.
(3) If the oil spill contingency plan is for a tank vessel, the
plan shall include both of the following:
(A) The plan shall specify oil and petroleum cargo capacity.
(B) The plan shall specify the types of oil and petroleum cargo
carried.
(4) If the oil spill contingency plan is for a nontank vessel, the
plan shall include both of the following:
(A) The plan shall specify the type and total amount of fuel
carried.
(B) The plan shall specify the capacity of the largest fuel tank.
(d) An oil spill contingency plan for a 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.
(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.
(h) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 57. Section 8670.29 is added to the Government Code, 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 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 an 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. An 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 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 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, and telephone and facsimile numbers
for an agent for service of process, located within the state and
designated to receive legal documents on behalf of the owner or
operator.
(9) Provide for training and drills on elements of the plan at
least annually, with all elements of the plan subject to a drill at
least once every three years.
(c) An oil spill contingency plan for a vessel shall also include,
but is not limited to, all of the following requirements:
(1) The plan shall be submitted to the administrator at least
seven days prior to the vessel entering waters of the state.
(2) The plan shall provide evidence of compliance with the
International Safety Management Code, established by the
International Maritime Organization, as applicable.
(3) If the oil spill contingency plan is for a tank vessel, the
plan shall include both of the following:
(A) The plan shall specify oil and petroleum cargo capacity.
(B) The plan shall specify the types of oil and petroleum cargo
carried.
(4) If the oil spill contingency plan is for a nontank vessel, the
plan shall include both of the following:
(A) The plan shall specify the type and total amount of fuel
carried.
(B) The plan shall specify the capacity of the largest fuel tank.
(d) An oil spill contingency plan for a 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.
(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 Oil Spill
Technical Advisory Committee.
(h) This section shall become operative on January 1, 2012.
SEC. 58. 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 contingency plan elements of
business and hazardous materials area plans required pursuant to
Section 25503 of the Health and Safety Code. In developing the
guidelines, the administrator shall consult with the State
Interagency Oil Spill Committee and the Oil Spill Technical Advisory
Committee.
(b) Any local government with jurisdiction over or directly
adjacent to marine waters may apply for a grant to complete, update,
or revise an oil spill contingency plan element.
(c) Each contingency plan 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 contingency plan element prepared under this section
shall be consistent with the local government's local coastal program
as certified under Section 30500 of the Public Resources Code, the
California oil spill contingency plan, and the National Contingency
Plan.
(e) The administrator shall review and approve each contingency
plan element established pursuant to this section. If, upon review,
the administrator determines that the contingency plan 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 local government
agency shall submit a new or modified plan within 90 days after the
plan was returned, responding to the findings and incorporating any
suggested modifications.
(f) The administrator shall review the preparedness of local
governments to determine whether a program of grants for completing
oil spill contingency plan 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.
(g) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 59. Section 8670.35 is added to the Government Code, 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 contingency plan elements of
business and hazardous materials area plans required pursuant to
Section 25503 of the Health and Safety Code. In developing the
guidelines, the administrator shall consult with the Oil Spill
Technical Advisory Committee.
(b) Any local government with jurisdiction over or directly
adjacent to marine waters may apply for a grant to complete, update,
or revise an oil spill contingency plan element.
(c) Each contingency plan 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 contingency plan element prepared under this section
shall be consistent with the local government's local coastal program
as certified under Section 30500 of the Public Resources Code, the
California oil spill contingency plan, and the National Contingency
Plan.
(e) The administrator shall review and approve each contingency
plan element established pursuant to this section. If, upon review,
the administrator determines that the contingency plan 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 local government
agency shall submit a new or modified plan within 90 days after the
plan was returned, responding to the findings and incorporating any
suggested modifications.
(f) The administrator shall review the preparedness of local
governments to determine whether a program of grants for completing
oil spill contingency plan 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.
(g) This section shall become operative on January 1, 2012.
SEC. 60. Section 8670.36 of the Government Code is amended to
read:
8670.36. (a) The administrator shall, within five working days
after receipt of a contingency plan prepared pursuant to Section
8670.28 or 8670.35, send a notice that the plan is available for
review to the state agencies that comprise the membership of the
State Interagency Oil Spill Committee and the Oil Spill Technical
Advisory Committee. The administrator shall send a copy of the plan
within two working days after receiving a request from either
committee. The State Lands Commission and the California Coastal
Commission shall review the plans for facilities or local governments
within the coastal zone. The San Francisco Bay Conservation and
Development Commission shall review the plans for marine facilities
or local governments within the area described in Sections 66610 and
29101 of the Public Resources Code. Any state agency or committee
that comments shall submit its comments to the administrator within
60 days of receipt of the plan. The administrator shall consider all
comments in approving or disapproving the plan.
(b) The State Interagency Oil Spill Committee may be reimbursed
from the Oil Spill Prevention and Administration Fund for reasonable
costs incurred in reviewing contingency plans and participating in
public hearings on marine and vessel facility contingency plans.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 61. Section 8670.36 is added to the Government Code, to read:
8670.36. (a) The administrator shall, within five working days
after receipt of a contingency plan prepared pursuant to Section
8670.28 or 8670.35, send a notice that the plan is available for
review to the Oil Spill Technical Advisory Committee. The
administrator shall send a copy of the plan within two working days
after receiving a request from the Oil Spill Technical Advisory
Committee. The State Lands Commission and the California Coastal
Commission shall review the plans for facilities or local governments
within the coastal zone. The San Francisco Bay Conservation and
Development Commission shall review the plans for marine facilities
or local governments within the area described in Sections 66610 and
29101 of the Public Resources Code. Any state agency or committee
that comments shall submit its comments to the administrator within
60 days of receipt of the plan. The administrator shall consider all
comments in approving or disapproving the plan.
(b) This section shall become operative on January 1, 2012.
SEC. 62. Section 8670.40 of the Government Code is amended to
read:
8670.40. (a) The State Board of Equalization shall collect a fee
in an amount determined by the administrator to be sufficient to
carry out the purposes set forth in subdivision (e), and a reasonable
reserve for contingencies. The annual assessment may not exceed five
cents ($0.05) per barrel of crude oil or petroleum products.
(b) (1) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time that crude oil is
received at a marine terminal from within or outside the state, and
upon a person who owns petroleum products at the time that those
petroleum products are received at a marine terminal from outside
this state. The fee shall be collected by the marine terminal
operator from the owner of the crude oil or petroleum products based
on each barrel of crude oil or petroleum products so received by
means of a vessel operating in, through, or across the marine waters
of the state. In addition, an operator of a pipeline shall pay the
oil spill prevention and administration fee for each barrel of crude
oil originating from a production facility in marine waters and
transported in the state by means of a pipeline operating across,
under, or through the marine waters of the state. The fees shall be
remitted to the board by the terminal or pipeline operator on the
25th day of the month based upon the number of barrels of crude oil
or petroleum products received at a marine terminal or transported by
pipeline during the preceding month. A fee shall not be imposed
pursuant to this section with respect to crude oil or petroleum
products if the person who would be liable for that fee, or
responsible for its collection, establishes that the fee has been
collected by a terminal operator registered under this chapter or
paid to the board with respect to the crude oil or petroleum product.
(2) An owner of crude oil or petroleum products is liable for the
fee until it has been paid to the board, except that payment to a
marine terminal operator registered under this chapter is sufficient
to relieve the owner from further liability for the fee.
(3) On or before January 20, the administrator shall annually
prepare a plan that projects revenues and expenses over three fiscal
years, including the current year. Based on the plan, the
administrator shall set the fee so that projected revenues, including
any interest, are equivalent to expenses as reflected in the current
Budget Act and in the proposed budget submitted by the Governor. In
setting the fee, the administrator may allow for a surplus if the
administrator finds that revenues will be exhausted during the period
covered by the plan or that the surplus is necessary to cover
possible contingencies.
(c) The moneys collected pursuant to subdivision (a) shall be
deposited into the fund.
(d) The board shall collect the fee and adopt regulations for
implementing the fee collection program.
(e) The fee described in this section shall be collected solely
for all of the following purposes:
(1) To implement oil spill prevention programs through rules,
regulations, leasing policies, guidelines, and inspections and to
implement research into prevention and control technology.
(2) To carry out studies that may lead to improved oil spill
prevention and response.
(3) To finance environmental and economic studies relating to the
effects of oil spills.
(4) To reimburse the member agencies of the State Interagency Oil
Spill Committee for costs arising from implementation of this
chapter, Article 3.5 (commencing with Section 8574.1) of Chapter 7 of
this code, and Division 7.8 (commencing with Section 8750) of the
Public Resources Code.
(5) To implement, install, and maintain emergency programs,
equipment, and facilities to respond to, contain, and clean up oil
spills and to ensure that those operations will be carried out as
intended.
(6) To respond to an imminent threat of a spill in accordance with
the provisions of Section 8670.62 pertaining to threatened
discharges. The cumulative amount of an expenditure for this purpose
shall not exceed the amount of one hundred thousand dollars
($100,000) in a fiscal year unless the administrator receives the
approval of the Director of Finance and notification is given to the
Joint Legislative Budget Committee. Commencing with the 1993-94
fiscal year, and each fiscal year thereafter, it is the intent of the
Legislature that the annual Budget Act contain an appropriation of
one hundred thousand dollars ($100,000) from the fund for the purpose
of allowing the administrator to respond to threatened oil spills.
(7) To reimburse the board for costs incurred to implement this
chapter and to carry out Part 24 (commencing with Section 46001) of
Division 2 of the Revenue and Taxation Code.
(8) To reimburse the costs incurred by the State Lands Commission
in implementing the Oil Transfer and Transportation Emission and Risk
Reduction Act of 2002 (Division 7.9 (commencing with Section 8780)
of the Public Resources Code).
(9) To cover costs incurred by the Oiled Wildlife Care Network
established by Section 8670.37.5 for training and field collection,
and search and rescue activities, pursuant to subdivision (g) of
Section 8670.37.5.
(f) The moneys deposited in the fund shall not be used for
responding to an oil spill.
(g) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 63. Section 8670.40 is added to the Government Code, to read:
8670.40. (a) The State Board of Equalization shall collect a fee
in an amount determined by the administrator to be sufficient to
carry out the purposes set forth in subdivision (e), and a reasonable
reserve for contingencies. The annual assessment may not exceed five
cents ($0.05) per barrel of crude oil or petroleum products.
(b) (1) The oil spill prevention and administration fee shall be
imposed upon a person owning crude oil at the time that crude oil is
received at a marine terminal from within or outside the state, and
upon a person who owns petroleum products at the time that those
petroleum products are received at a marine terminal from outside
this state. The fee shall be collected by the marine terminal
operator from the owner of the crude oil or petroleum products based
on each barrel of crude oil or petroleum products so received by
means of a vessel operating in, through, or across the marine waters
of the state. In addition, an operator of a pipeline shall pay the
oil spill prevention and administration fee for each barrel of crude
oil originating from a production facility in marine waters and
transported in the state by means of a pipeline operating across,
under, or through the marine waters of the state. The fees shall be
remitted to the board by the terminal or pipeline operator on the
25th day of the month based upon the number of barrels of crude oil
or petroleum products received at a marine terminal or transported by
pipeline during the preceding month. A fee shall not be imposed
pursuant to this section with respect to crude oil or petroleum
products if the person who would be liable for that fee, or
responsible for its collection, establishes that the fee has been
collected by a terminal operator registered under this chapter or
paid to the board with respect to the crude oil or petroleum product.
(2) An owner of crude oil or petroleum products is liable for the
fee until it has been paid to the board, except that payment to a
marine terminal operator registered under this chapter is sufficient
to relieve the owner from further liability for the fee.
(3) On or before January 20, the administrator shall annually
prepare a plan that projects revenues and expenses over three fiscal
years, including the current year. Based on the plan, the
administrator shall set the fee so that projected revenues, including
any interest, are equivalent to expenses as reflected in the current
Budget Act and in the proposed budget submitted by the Governor. In
setting the fee, the administrator may allow for a surplus if the
administrator finds that revenues will be exhausted during the period
covered by the plan or that the surplus is necessary to cover
possible contingencies.
(c) The moneys collected pursuant to subdivision (a) shall be
deposited into the fund.
(d) The board shall collect the fee and adopt regulations for
implementing the fee collection program.
(e) The fee described in this section shall be collected solely
for all of the following purposes:
(1) To implement oil spill prevention programs through rules,
regulations, leasing policies, guidelines, and inspections and to
implement research into prevention and control technology.
(2) To carry out studies that may lead to improved oil spill
prevention and response.
(3) To finance environmental and economic studies relating to
the effects of oil spills.
(4) To implement, install, and maintain emergency programs,
equipment, and facilities to respond to, contain, and clean up oil
spills and to ensure that those operations will be carried out as
intended.
(5) To respond to an imminent threat of a spill in accordance with
the provisions of Section 8670.62 pertaining to threatened
discharges. The cumulative amount of an expenditure for this purpose
shall not exceed the amount of one hundred thousand dollars
($100,000) in a fiscal year unless the administrator receives the
approval of the Director of Finance and notification is given to the
Joint Legislative Budget Committee. Commencing with the 1993-94
fiscal year, and each fiscal year thereafter, it is the intent of the
Legislature that the annual Budget Act contain an appropriation of
one hundred thousand dollars ($100,000) from the fund for the purpose
of allowing the administrator to respond to threatened oil spills.
(6) To reimburse the board for costs incurred to implement this
chapter and to carry out Part 24 (commencing with Section 46001) of
Division 2 of the Revenue and Taxation Code.
(7) To reimburse the costs incurred by the State Lands Commission
in implementing the Oil Transfer and Transportation Emission and Risk
Reduction Act of 2002 (Division 7.9 (commencing with Section 8780)
of the Public Resources Code).
(8) To cover costs incurred by the Oiled Wildlife Care Network
established by Section 8670.37.5 for training and field collection,
and search and rescue activities, pursuant to subdivision (g) of
Section 8670.37.5.
(f) The moneys deposited in the fund shall not be used for
responding to an oil spill.
(g) This section shall become operative on January 1, 2012.
SEC. 64. Section 8670.54 of the Government Code is amended to
read:
8670.54. (a) The Oil Spill Technical Advisory Committee,
hereafter in this article the committee, is hereby established to
provide public input and independent judgment of the actions of the
administrator and the State Interagency Oil Spill Committee. The
committee shall consist of 10 members, of whom six shall be appointed
by the Governor, two by the Speaker of the Assembly, and two by the
Senate Rules Committee. The appointments shall be made in the
following manner:
(1) The Speaker of the Assembly, and Senate Rules Committee shall
each appoint members who shall be representatives of the public.
(2) The Governor shall appoint a member who has a demonstrable
knowledge of marine transportation.
(3) The Speaker of the Assembly and the Senate Rules Committee
shall each appoint a member who has demonstrable knowledge of
environmental protection and the study of ecosystems.
(4) The Governor shall appoint a member who has served as a local
government elected official or who has worked for a local government.
(5) The Governor shall appoint a member who has experience in oil
spill response and prevention programs.
(6) The Governor shall appoint a member who has been employed in
the petroleum industry.
(7) The Governor shall appoint a member who has worked in state
government.
(8) The Governor shall appoint a member who has demonstrable
knowledge of the dry cargo vessel industry.
(b) The committee shall meet as often as required, but at least
twice per year. Members shall be paid one hundred dollars ($100) per
day for each meeting and all necessary travel expenses at state per
diem rates.
(c) The administrator and any personnel the administrator
determines to be appropriate shall serve as staff to the committee.
(d) A chairman and vice chairman shall be elected by a majority
vote of the committee.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 65. Section 8670.54 is added to the Government Code, to read:
8670.54. (a) The Oil Spill Technical Advisory Committee,
hereafter in this article the committee, is hereby established to
provide public input and independent judgment of the actions of the
administrator. The committee shall consist of 10 members, of whom six
shall be appointed by the Governor, two by the Speaker of the
Assembly, and two by the Senate Rules Committee. The appointments
shall be made in the following manner:
(1) The Speaker of the Assembly, and Senate Rules Committee shall
each appoint members who shall be representatives of the public.
(2) The Governor shall appoint a member who has a demonstrable
knowledge of marine transportation.
(3) The Speaker of the Assembly and the Senate Rules Committee
shall each appoint a member who has demonstrable knowledge of
environmental protection and the study of ecosystems.
(4) The Governor shall appoint a member who has served as a local
government elected official or who has worked for a local government.
(5) The Governor shall appoint a member who has experience in oil
spill response and prevention programs.
(6) The Governor shall appoint a member who has been employed in
the petroleum industry.
(7) The Governor shall appoint a member who has worked in state
government.
(8) The Governor shall appoint a member who has demonstrable
knowledge of the dry cargo vessel industry.
(b) The committee shall meet as often as required, but at least
twice per year. Members shall be paid one hundred dollars ($100) per
day for each meeting and all necessary travel expenses at state per
diem rates.
(c) The administrator and any personnel the administrator
determines to be appropriate shall serve as staff to the committee.
(d) A chairman and vice chairman shall be elected by a majority
vote of the committee.
(e) This section shall become operative on January 1, 2012.
SEC. 66. Section 8670.55 of the Government Code is amended to
read:
8670.55. (a) The committee shall provide recommendations to the
administrator, the State Lands Commission, the California Coastal
Commission, the San Francisco Bay Conservation and Development
Commission, and the State Interagency Oil Spill Committee on any
provision of this chapter including the promulgation of all rules,
regulations, guidelines, and policies.
(b) The committee may, at its own discretion, study, comment on,
or evaluate, any aspect of oil spill prevention and response in the
state. To the greatest extent possible, these studies shall be
coordinated with studies being done by the federal government, the
administrator, the State Lands Commission, the State Water Resources
Control Board, and other appropriate state and international
entities. Duplication with the efforts of other entities shall be
minimized.
(c) The committee may attend any drills called pursuant to Section
8601.10 or any oil spills, if practicable.
(d) The committee shall report biennially to the Governor and the
Legislature on its evaluation of oil spill response and preparedness
programs within the state and may prepare and send any additional
reports it determines to be appropriate to the Governor and the
Legislature.
(e) On or before August 1, 2005, the committee shall review the
Department of Finance report required under Section 8670.42 and
prepare and submit to the Governor and the Legislature comments on
the report, including, but not limited to, recommendations for
improving the state's oil spill prevention, response, and
preparedness program.
(f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 67. Section 8670.55 is added to the Government Code, to read:
8670.55. (a) The committee shall provide recommendations to the
administrator, the State Lands Commission, the California Coastal
Commission, and the San Francisco Bay Conservation and Development
Commission on any provision of this chapter including the
promulgation of all rules, regulations, guidelines, and policies.
(b) The committee may, at its own discretion, study, comment on,
or evaluate, any aspect of oil spill prevention and response in the
state. To the greatest extent possible, these studies shall be
coordinated with studies being done by the federal government, the
administrator, the State Lands Commission, the State Water Resources
Control Board, and other appropriate state and international
entities. Duplication with the efforts of other entities shall be
minimized.
(c) The committee may attend any drills called pursuant to Section
8601.10 or any oil spills, if practicable.
(d) The committee shall report biennially to the Governor and the
Legislature on its evaluation of oil spill response and preparedness
programs within the state and may prepare and send any additional
reports it determines to be appropriate to the Governor and the
Legislature.
(e) On or before August 1, 2005, the committee shall review the
Department of Finance report required under Section 8670.42 and
prepare and submit to the Governor and the Legislature comments on
the report, including, but not limited to, recommendations for
improving the state's oil spill prevention, response, and
preparedness program.
(f) This section shall become operative on January 1, 2012.
SEC. 68. Section 3401 of the Public Resources Code is amended to
read:
3401. The proceeds of charges levied, assessed, and collected
pursuant to this article upon the property of a person operating or
owning an interest in the production of a well shall be used
exclusively for the support and maintenance costs of the department
incurred in the supervision of oil and gas operations.
SEC. 69. Section 5007 of the Public Resources Code is amended to
read:
5007. (a) The department shall achieve any required budget
reductions by closing, partially closing, and reducing services at
selected units of the state park system. For purposes of this
section, "required budget reductions" means the amount of funds
appropriated in the annual Budget Act to the department that is less
than the amount necessary to fully operate the 2010 level of 278
units of the state park system. The department shall select the units
to be closed based solely on all of the following factors:
(1) The relative statewide significance of each park unit,
preserving to the extent possible, parks identified in the department'
s documents including "Outstanding and Representative Parks," the
"California State History Plan," and the "California State Parks
Survey of 1928."
(2) The rate of visitation to each unit, to minimize impacts to
visitation in the state park system.
(3) (A) The estimated net savings from closing each unit, to
maximize savings to the state park system.
(B) For purposes of this subdivision, "net savings" means the
estimated costs of operation for the unit less the unit's projected
revenues and less the costs of maintaining the unit after it is
closed.
(4) The feasibility of physically closing each unit.
(5) The existence of, or potential for, partnerships that can help
support each unit, including concessions and both for-profit and
nonprofit partners.
(6) Significant operational efficiencies to be gained from closing
a unit based on its proximity to other closed units where the units
typically share staff and other operating resources.
(7) Significant and costly infrastructure deficiencies affecting
key systems at each unit so that continued operation of the unit is
less cost effective relative to other units.
(8) Recent or funded infrastructure investments at a unit.
(9) Necessary but unfunded capital investments at a unit.
(10) Deed restrictions and grant requirements applicable to each
unit.
(11) The extent to which there are substantial dedicated funds for
the support of the unit that are not appropriated from the General
Fund.
(b) A public entity or a public employee shall be limited from
liability as provided in Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code for injury or damage caused by a
condition of public property located in, or injury or damage
otherwise occurring in, or arising out of an activity in, a unit of
the state park system that is designated as closed, partially closed,
or subject to service reduction by the department pursuant to
subdivision (a).
SEC. 70. Section 8755 of the Public Resources Code is amended to
read:
8755. (a) The administrator and the executive officer of the
commission shall confer and propose, and the commission shall adopt,
rules, regulations, guidelines, and commission leasing policies for
reviewing the location, type, character, performance standards, size,
and operation of all existing and proposed marine terminals within
the state, whether or not on lands leased from the commission, and
all other marine facilities on lands under lease from the commission
to minimize the possibilities of a discharge of oil. Rules,
regulations, and guidelines adopted by the commission shall not
conflict with regulations of the administrator or the Coast Guard.
The commission shall ensure that the rules, regulations, guidelines,
and commission lease covenants provide the best achievable protection
of public health and safety and the environment. Any rules,
regulations, and guidelines governing the location of a marine
terminal on lands under lease from a local government or port
district shall not include provisions for review by the commission of
any specific location, provided the location chosen or approved by
the local government meets standards specified in the rules,
regulations, and guidelines.
(b) This section shall not apply to any aboveground oil storage
tank located entirely onshore which is subject to inspection programs
and regulation under Chapter 6.67 (commencing with Section 25270) of
Division 20 of the Health and Safety Code. This section shall
include pipelines that are within or part of marine terminals. This
section shall not apply to pipelines that are used exclusively to
transport petroleum products and are subject to the jurisdiction of
the State Fire Marshal under either state or federal law.
(c) The commission shall consult with the administrator, the State
Interagency Oil Spill Committee, and other affected local and
federal agencies with respect to the rules, regulations, and
guidelines. The consultation with the administrator shall ensure, at
a minimum, consistency with the requirements for vessels that the
administrator adopts under Section 8670.17 of the Government Code.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 71. Section 8755 is added to the Public Resources Code, to
read:
8755. (a) The administrator and the executive officer of the
commission shall confer and propose, and the commission shall adopt,
rules, regulations, guidelines, and commission leasing policies for
reviewing the location, type, character, performance standards, size,
and operation of all existing and proposed marine terminals within
the state, whether or not on lands leased from the commission, and
all other marine facilities on lands under lease from the commission
to minimize the possibilities of a discharge of oil. Rules,
regulations, and guidelines adopted by the commission shall not
conflict with regulations of the administrator or the Coast Guard.
The commission shall ensure that the rules, regulations, guidelines,
and commission lease covenants provide the best achievable protection
of public health and safety and the environment. Any rules,
regulations, and guidelines governing the location of a marine
terminal on lands under lease from a local government or port
district shall not include provisions for review by the commission of
any specific location, provided the location chosen or approved by
the local government meets standards specified in the rules,
regulations, and guidelines.
(b) This section shall not apply to any aboveground oil storage
tank located entirely onshore which is subject to inspection programs
and regulation under Chapter 6.67 (commencing with Section 25270) of
Division 20 of the Health and Safety Code. This section shall
include pipelines that are within or part of marine terminals. This
section shall not apply to pipelines that are used exclusively to
transport petroleum products and are subject to the jurisdiction of
the State Fire Marshal under either state or federal law.
(c) The commission shall consult with the administrator and other
affected local and federal agencies with respect to the rules,
regulations, and guidelines. The consultation with the administrator
shall ensure, at a minimum, consistency with the requirements for
vessels that the administrator adopts under Section 8670.17 of the
Government Code.
(d) This section shall become operative on January 1, 2012.
SEC. 72. Section 46026 of the Revenue and Taxation Code is amended
to read:
46026. (a) "State Interagency Oil Spill Committee" means the
committee established pursuant to Article 3.5 (commencing with
Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the
Government Code.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 73. Section 13628.5 of the Water Code is amended to read:
13628.5. (a) The Wastewater Operator Certification Fund is hereby
created in the State Treasury.
(b) All of the following moneys shall be deposited in the
Wastewater Operator Certification Fund:
(1) Money appropriated by the Legislature for deposit in the fund.
(2) Fees collected pursuant to this chapter.
(3) Notwithstanding Section 16305.7 of the Government Code, all
interest earned upon moneys that are deposited in the fund.
(c) The state board may expend the moneys in the Wastewater
Operator Certification Fund, upon appropriation by the Legislature,
for purposes of administering this chapter.
SEC. 74. There is hereby appropriated one thousand dollars
($1,000) from the Wastewater Operation Certification Fund to the
State Water Resources Control Board for administrative cost.
SEC. 75. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 76. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.
