Oil spills: response and contingency planning.

(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the Governor to establish a California oil spill contingency plan that provides for an integrated and effective state procedure to combat the results of major oil spills within the state and that specifies state agencies to implement the plan. Existing law requires the administrator to submit to the Governor and the Legislature an amended California oil spill contingency plan that addresses marine oil spills, by January 1, 1993, and to submit revised plans every 3 years thereafter. Beginning January 1, 2017, and every 3 years thereafter, the administrator is required to submit an amended California oil spill contingency plan that addresses both marine and inland oil spills. This bill would define "nonfloating oil" for purposes of the act. The bill would require the administrator to hold, on or before January 1, 2022, a technology workshop that shall include the topic of technology for addressing nonfloating oil spills, and, in fulfilling specified duties, to consider information gained from technology workshops, as well as available scientific and technical literature concerning nonfloating oil spill response technology. The bill would require the administrator to include in the revision to the California oil spill contingency plan due on or before January 1, 2023, provisions addressing nonfloating oil. (2) Existing law authorizes an oil spill response organization (OSRO) to apply to the administrator for oil spill response for a rating of that OSRO's response capabilities. Upon receiving a completed application for rating, the administrator is required to review the application and rate the OSRO based on the OSRO's satisfactory compliance with criteria established by the administrator, including specified elements. This bill would require the administrator, on or before January 1, 2023, to revise criteria for OSROs determined by the administrator to be capable of addressing nonfloating oil spills so that the criteria are at least as protective as the nonfloating oil classification in the United States Coast Guard's OSRO Guidelines, and that those OSROs are required to be capable of providing equipment on the scene of an oil spill within an amount of time determined by the administrator to be consistent with achievement of best achievable protection for nonfloating oil. (3) Existing law requires an owner or operator of a facility, small marine fueling facility, or mobile transfer unit, or an owner or operator of a tank vessel, nontank vessel, or vessel carrying oil as secondary cargo, while operating in the waters of the state or where a spill could impact waters of the state, to have an oil spill contingency plan that complies with the rules, regulations, and policies established by the administrator for oil spill response, that meets specified minimum requirements, and that has been submitted to, and approved by, the administrator. Under existing law, a person who continues operations for which a contingency plan is required without an approved oil contingency plan or who knowingly fails to follow the material provisions of the applicable contingency plan is guilty of a misdemeanor. Commencing January 1, 2023, the bill would, if nonfloating oil is handled or transported, require that the oil spill contingency plan that is filed with and approved by the administrator identify at least one OSRO rated for nonfloating oil spill response. By expanding the scope of a crime under existing law, the bill would impose a state-mandated local program. (4) The Petroleum Industry Information Reporting Act of 1980 requires each major oil transporter, among others, to provide periodic reports to the State Energy Resources Conservation and Development Commission containing designated information regarding petroleum supplies and price. Existing law makes specified information collected by the commission confidential, subject to certain exceptions. This bill would require the commission to request, from destination facilities, as defined, certain information regarding crude oil transported to or within California via rail car or marine vessel, and to quarterly prepare and make available to the public a report based on that collected information, as provided. The bill would authorize the commission to disclose specified confidential information to the administrator for oil spill response upon request for oil spill planning and preparedness purposes, and to first responders in the event of an accident or spill, as provided. (5) 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.