State Codes and Statutes

Statutes > California > Gov > 8670.28-8670.37.5

GOVERNMENT CODE
SECTION 8670.28-8670.37.5



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.



8670.28.5.  An operator shall maintain a level of readiness that
will allow effective implementation of the applicable contingency
plans.


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.


8670.30.  (a) An oil spill response organization may apply to the
administrator for a rating of that OSRO's response capabilities. The
administrator shall establish rating levels for classifying OSROs
pursuant to subdivision (b).
   (b) Upon receiving a completed application for rating, the
administrator shall review the application and rate the OSRO based on
the OSRO's satisfactory compliance with criteria established by the
administrator, which shall include, but is not limited to, all of the
following elements:
   (1) The geographic region or regions of the state where the OSRO
intends to operate.
   (2) Timeframes for having response resources on-scene and
deployed.
   (3) The type of equipment that the OSRO will use and the location
of the stored equipment.
   (4) The volume of oil that the OSRO is capable of recovering and
containing.
   (c) The administrator shall not issue a rating until the applicant
OSRO completes an unannounced drill. The administrator may call a
drill for every distinct geographic area in which the OSRO requests a
rating. The drill shall test the resources and response capabilities
of the OSRO, including, but not limited to, on water containment and
recovery, environmentally sensitive habitat protection, and storage.
If an OSRO fails to successfully complete a drill, the administrator
shall not issue the requested rating, but the administrator may rate
the OSRO at a rating lesser than the rating sought with the
application. If an OSRO is denied a requested rating, the OSRO may
reapply for rating.
   (d) A rating issued pursuant to this section shall be valid for
three years unless modified, suspended, or revoked. The administrator
shall review the rating of each rated OSRO at least once every three
years. The administrator shall not renew a rating unless the OSRO
meets criteria established by the administrator, including, at a
minimum, that the rated OSRO periodically tests and drills itself,
including testing protection of environmentally sensitive sites,
during the three-year period.
   (e) The administrator shall require a rated OSRO to demonstrate
that the rated OSRO can deploy the response resources required to
meet the applicable provisions of an oil spill contingency plan in
which the OSRO is listed. These demonstrations may be achieved
through inspections, announced and unannounced drills, or by any
other means.
   (f) (1) Except as provided in paragraph (6), each rated OSRO shall
satisfactorily complete at least one unannounced drill every three
years after receiving its rating.
   (2) The administrator may modify, suspend, or revoke an OSRO's
rating if a rated OSRO fails to satisfactorily complete a drill.
   (3) The administrator may require the satisfactory completion of
one unannounced drill of each rated OSRO prior to being granted a
modified rating, and shall require satisfactory completion of one
unannounced drill for each rated OSRO prior to being granted a
renewal or prior to reinstatement of a revoked or suspended rating.
   (4) A drill for the protection of environmentally sensitive areas
shall conform as close as possible to the response that would occur
during a spill but sensitive sites shall not be damaged during the
drill.
   (5) The response resources to be deployed by a rated OSRO within
the first six hours of a spill or drill shall be dedicated response
resources or be owned and controlled by a rated OSRO that are
sufficient to meet the spill response planning requirements of the
OSRO's client owner or operator. This requirement does not preclude a
rated OSRO from bringing in additional response resources. The
administrator may, by regulation, permit a lesser requirement for
dedicated or OSRO owned and controlled response resources for
shoreline protection.
   (6) The administrator may determine that actual satisfactory spill
response performance during the previous three years may be
substituted in lieu of a drill.
   (7) The administrator shall issue a written report evaluating the
performance of the OSRO after every unannounced drill called by the
administrator.
   (8) The administrator shall determine whether an unannounced drill
called upon an OSRO by a federal agency during the previous three
years qualifies as an unannounced drill for the purposes of this
subdivision.
   (g) Each rated OSRO shall provide reasonable notice to the
administrator about each future drill, and the administrator, or his
or her designee, may attend the drill.
   (h) The costs incurred by an OSRO to comply with this section and
the regulations adopted pursuant to this section, including drills
called by the administrator, shall be the responsibility of the OSRO.
All local, state, and federal agency costs incurred in conjunction
with participation in a drill shall be borne by each respective
agency.
   (i) (1) A rating awarded pursuant to this section is personal and
applies only to the OSRO that receives that rating and the rating is
not transferable, assignable, or assumable. A rating does not
constitute a possessory interest in real or personal property.
   (2) If there is a change in ownership or control of the OSRO, the
rating of that OSRO is null and void and the OSRO shall file a new
application for a rating pursuant to this section.
   (3) For purposes of this subdivision, a "change in ownership or
control" includes, but is not limited to, a change in corporate
status, or a transfer of ownership that changes the majority control
of voting within the entity.
   (j) The administrator may charge a reasonable fee to process an
application for, or renewal of, a rating.
   (k) The administrator shall adopt regulations to implement this
section as appropriate. At a minimum, the regulations shall
appropriately address all of the following:
   (1) Criteria for successful completion of a drill.
   (2) The amount and type of response resources that are required to
be available to respond to a particular volume of spilled oil during
specific timeframes within a particular region.
   (3) Regional requirements.
   (4) Training.
   (5) The process for applying for a rating, and for suspension,
revocation, appeal, or other modification of a rating.
   (6) Ownership and employment of response resources.
   (7) Conditions for canceling a drill due to hazardous or other
operational circumstances.
   (l) Any letter of approval issued from the administrator before
January 1, 2002, that rates an OSRO shall be deemed to meet the
requirements of this section for three years from the date of the
letter's issuance or until January 1, 2003, whichever date occurs
later.


8670.30.5.  (a) The administrator may review each oil spill
contingency plan that has been approved pursuant to Section 8670.29
to determine whether it complies with Sections 8670.28 and 8670.29.
   (b) If the administrator finds the approved oil spill contingency
plan is deficient, the plan shall be returned to the operator with
written reasons why the approved plan was found inadequate and, if
practicable, suggested modifications or alternatives. The operator
shall submit a new or modified plan within 90 days that responds to
the deficiencies identified by the administrator.



8670.31.  (a) Each oil spill contingency plan required under this
article shall be submitted to the administrator before a tank vessel,
nontank vessel, or vessel carrying oil as secondary cargo operates
in the marine waters of the state, or before a marine facility, small
marine fueling facility, or mobile transfer unit, operates in the
marine waters of the state or where an oil spill therefrom could
impact marine waters.
   (b) The administrator shall review each submitted contingency plan
to determine whether it complies with the administrator's rules,
policies, and regulations adopted pursuant to Section 8670.28 and
8670.29.
   (c) Each contingency plan submitted shall be approved or
disapproved within 180 days after receipt by the administrator. The
administrator may approve or disapprove portions of a plan. A plan is
not deemed approved until all portions are approved pursuant to this
section. The disapproved portion shall be subject to the procedures
contained in subdivision (d).
   (d) If the administrator finds the submitted contingency plan is
inadequate under the rules, policies, and regulations of the
administrator, the plan shall be returned to the submitter with
written reasons why the plan was found inadequate and, if
practicable, suggested modifications or alternatives, if appropriate.
The submitter shall submit a new or modified plan within 90 days
after the earlier plan was returned, responding to the findings and
incorporating any suggested modifications. The resubmittal shall be
treated as a new submittal and processed according to the provisions
of this section, except that the resubmitted plan shall be deemed
approved unless the administrator acts pursuant to subdivision (c).
Failure to gain approval after the second submission may be
determined by the administrator to be a violation of this chapter.
   (e) The administrator may make inspections and require drills of
any oil spill contingency plan that is submitted.
   (f) After the plan has been approved, it shall be resubmitted
every five years thereafter. The administrator may require earlier or
more frequent resubmission, if warranted. Circumstances that would
require an earlier resubmission include, but are not limited to,
changes in regulations, new oil spill response technologies,
deficiencies identified in the evaluation conducted pursuant to
Section 8670.19, or a need for a different oil spill response because
of increased need to protect endangered species habitat. The
administrator may deny approval of the resubmitted plan if it is no
longer considered adequate according to the adopted rules,
regulations, and policies of the administrator at the time of
resubmission.
   (g) (1) Each operator of a tank vessel, vessel carrying oil as a
secondary cargo, or marine facility who is required to file an oil
spill response plan or update pursuant to provisions of federal law
regulating marine oil spill response plans shall, for informational
purposes only, submit a copy of that plan or update to the
administrator at the time that it is approved by the relevant federal
agency.
   (2) A tank vessel, vessel carrying oil as a secondary cargo, or
marine facility operator is not required to submit a copy of the
response plan or update specified in paragraph (1) to the
administrator if either the vessel or facility is exempt from having
to file a response plan with the state, or if the content of the plan
submitted by the operator pursuant to Section 8670.29 is
substantially the same as the federal response plan or update.



8670.33.  (a) If the operator of a tank ship or tank barge for which
a contingency plan has not been approved desires to have the tank
ship or tank barge enter marine waters of the state, the
administrator may give approval by telephone or facsimile machine for
the entry of the tank ship or tank barge into marine waters under an
approved contingency plan applicable to a terminal or tank ship, if
all of the following are met:
   (1) The terminal or tank ship is the destination of the tank ship
or tank barge.
   (2) The operator of the terminal or the tank ship provides the
administrator advance written assurance that the operator assumes all
responsibility for the operations of the tank ship or tank barge
while it is in marine waters traveling to or from the terminal. The
assurance may be delivered by hand or by mail or may be sent by
facsimile machine, followed by delivery of the original.
   (3) The approved terminal or tank ship contingency plan includes
all conditions the administrator requires for the operations of tank
ship or tank barges traveling to and from the terminal.
   (4) The tank ship or tank barge and its operations meet all
requirements of the contingency plan for the tank ship or terminal
that is the destination of the tank ship or tank barge.
   (5) The tank ship or tank barge without an approved contingency
plan has not entered marine waters more than once in the 12-month
period preceding the request made under this section.
   (b) At all times that a tank ship or tank barge is in marine
waters pursuant to subdivision (a), its operators and all their
agents and employees shall operate the vessel in accordance with the
applicable operations manual or, if there is an oil spill, in
accordance with the directions of the administrator and the
applicable contingency plan.



8670.34.  This article shall not apply to any tank vessel, nontank
vessel, or vessel carrying oil as a secondary cargo that enters
marine waters of the state because of imminent danger to the lives of
crew members or if entering marine waters of the state will
substantially aid in preventing an oil spill or other harm to public
safety or the environment, if the operators of the tank vessel,
nontank vessel, or vessel carrying oil as a secondary cargo comply
with all of the following:
   (a) The operators or crew of the tank vessel, nontank vessel, or
vessel carrying oil as a secondary cargo complies at all times with
all orders and directions given by the administrator, or his or her
designee, while the tank vessel, nontank vessel, or vessel carrying
oil as a secondary cargo is in marine waters of the state, unless the
orders or directions are contradicted by orders or directions of the
Coast Guard.
   (b) Except for fuel, oil may be transferred to or from the tank
vessel, nontank vessel, or vessel carrying oil as a secondary cargo
while it is in marine waters of the state only if permission is
obtained for the transfer of oil and one of the following conditions
is met:
   (1) The transfer is necessary for the safety of the crew.
   (2) The transfer is necessary to prevent harm to public safety or
the environment.
   (3) An oil spill contingency plan is approved or made applicable
to the tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo, under subdivision (c).
   (c) The tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo shall leave the marine waters of the state as soon as
it may do so without imminent risk of harm to the crew, public
safety, or the environment, unless an oil spill contingency plan is
approved or made applicable to it under this article.



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.



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.



8670.36.1.  (a) To reduce the damages and costs from spills, the
administrator shall develop an outreach program to provide assistance
to the operators of small craft refueling docks.
   (b) The program shall include both of the following:
   (1) Voluntary inspections by the administrator. The administrator
shall prepare, and maintain on file, a written report recommending
how any risk of a spill identified in those inspections may be
reduced and how those recommendations could be implemented.
   (2) An education and outreach program to inform small craft
refueling dock operators and the operators of the vessels they serve
of the obligations and potential liabilities from a spill. For the
purpose of this section, "vessel" has the same meaning as in Section
21 of the Harbors and Navigation Code.
   (c) To ensure effective implementation of the program, each small
craft refueling dock shall register with the administrator prior to
operating.
   (d) The administrator may require information needed to evaluate
whether a facility is a small craft refueling dock as defined in
Section 8670.3. The administrator may also require any pertinent
information regarding the oil spill risk of a small craft refueling
dock. This information may include, but shall not be limited to, the
following:
   (1) The type of oil handled.
   (2) The size of storage tanks.
   (3) The name and telephone number of the small craft refueling
dock operator.
   (4) The location and size of the small craft refueling dock.
   (e) The administrator may develop regulations to implement this
section.


8670.37.  (a) The administrator, with the assistance of the State
Lands Commission, the California Coastal Commission, and the
executive director of the San Francisco Bay Conservation and
Development Commission, shall carry out studies with regard to
improvements to contingency planning and oil spill response equipment
and operations.
   (b) To the greatest extent possible, these studies shall be
coordinated with studies being done by the federal government, and
other appropriate state and international entities, and duplication
with the efforts of other entities shall be minimized.
   (c) The administrator, the State Lands Commission, the California
Coastal Commission, and the Executive Director of the San Francisco
Bay Conservation and Development Commission, may be reimbursed for
all costs incurred in carrying out the studies under this section
from the Oil Spill Prevention and Administration Fund.



8670.37.5.  (a) The administrator shall establish a network of
rescue and rehabilitation stations for sea birds, sea otters, and
other marine mammals. In addition to rehabilitative care, the primary
focus of the Oiled Wildlife Care Network shall include proactive
oiled wildlife search and collection rescue efforts. These facilities
shall be established and maintained in a state of preparedness to
provide the best achievable treatment for marine mammals and birds
affected by an oil spill in marine waters. The administrator shall
consider all feasible management alternatives for operation of the
network.
   (b) The first rescue and rehabilitation station established
pursuant to this section shall be located within the sea otter range
on the central coast. The administrator shall establish regional
oiled wildlife rescue and rehabilitation facilities in the Los
Angeles Harbor area, the San Francisco Bay area, the San Diego area,
the Monterey Bay area, the Humboldt County area, and the Santa
Barbara area, and may establish those facilities in other coastal
areas of the state as the administrator determines to be necessary.
One or more of the oiled wildlife rescue and rehabilitation stations
shall be open to the public for educational purposes and shall be
available for marine wildlife health research. Wherever possible in
the establishment of these facilities, the administrator shall
improve existing authorized marine mammal rehabilitation facilities
and may expand or take advantage of existing educational or
scientific programs and institutions for oiled wildlife
rehabilitation purposes. Expenditures shall be reviewed by the
agencies and organizations specified in subdivision (c).
   (c) The administrator shall consult with the United States Fish
and Wildlife Service, the National Marine Fisheries Service, the
California Coastal Commission, the Executive Director of the San
Francisco Bay Conservation and Development Commission, the Marine
Mammal Center, and the International Bird Rescue Center in the
design, planning, construction, and operation of the rescue and
rehabilitation stations. All proposals for the rescue and
rehabilitation stations shall be presented before a public hearing
prior to the construction and operation of any rehabilitation
station, and, upon completion of the coastal protection element of
the California oil spill contingency plan, shall be consistent with
the coastal protection element.
   (d) The administrator may enter into agreements with nonprofit
organizations to establish and equip wildlife rescue and
rehabilitation stations and to ensure that they are operated in a
professional manner in keeping with the pertinent guidance documents
issued by the Office of Spill Prevention and Response in the
Department of Fish and Game. The implementation of the agreement
shall not constitute a California public works project. The agreement
shall be deemed a contract for wildlife rehabilitation as authorized
by Section 8670.61.5.
   (e) In the event of a spill, the responsible party may request
that the administrator perform the rescue and rehabilitation of oiled
wildlife required of the responsible party pursuant to this chapter
if the responsible party and the administrator enter into an
agreement for the reimbursement of the administrator's costs incurred
in taking the requested action. If the administrator performs the
rescue and rehabilitation of oiled wildlife, the administrator shall
primarily utilize the network of rescue and rehabilitation stations
established pursuant to subdivision (a), unless more immediate care
is required. Any of those activities conducted pursuant to this
section or Section 8670.56.5 or 8670.61.5 shall be performed under
the direction of the administrator. This subdivision does not remove
the responsible party from liability for the costs of, nor the
responsibility for, the rescue and rehabilitation of oiled wildlife,
as established by this chapter. This subdivision does not prohibit an
owner or operator from retaining, in a contingency plan prepared
pursuant to this article, wildlife rescue and rehabilitation services
different from the rescue and rehabilitation stations established
pursuant to this section.
   (f) (1) The administrator shall appoint a rescue and
rehabilitation advisory board to advise the administrator regarding
operation of the network of rescue and rehabilitation stations
established pursuant to subdivision (a), including the economic
operation and maintenance of the network. For the purpose of
assisting the administrator in determining what constitutes the best
achievable treatment for oiled wildlife, the advisory board shall
provide recommendations to the administrator on the care achieved by
current standard treatment methods, new or alternative treatment
methods, the costs of treatment methods, and any other information
that the advisory board believes that the administrator might find
useful in making that determination. The administrator shall consult
with the advisory board in preparing the administrator's submission
to the Legislature pursuant to subparagraph (A) of paragraph (2) of
subdivision (l) of Section 8670.48. The administrator shall present
the recommendations of the advisory board to the Oil Spill Technical
Advisory Committee created pursuant to Article 8 (commencing with
Section 8670.54), upon the request of the committee.
   (2) The advisory board shall consist of a balance between
representatives of the oil industry, wildlife rehabilitation
organizations, and academia. One academic representative shall be
from a veterinary school within this state. The United States Fish
and Wildlife Service and the National Marine Fisheries Service shall
be requested to participate as ex officio members.
   (3) (A) The Legislature hereby finds and declares that since the
administrator may rely on the expertise provided by the volunteer
members of the advisory board and may be guided by their
recommendations in making decisions that relate to the operation of
the network of rescue and rehabilitation stations, those members
should be entitled to the same immunity from liability that is
provided other public employees.
   (B) Members of the advisory board, while performing functions
within the scope of advisory board duties, shall be entitled to the
same rights and immunities granted public employees by Article 3
(commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6
of Title 1. Those rights and immunities are deemed to have attached,
and shall attach, as of the date of appointment of the member to the
advisory board.
   (g) The administrator shall ensure the state's ability to prevent
the contamination of wildlife and to identify, collect, rescue, and
treat oiled wildlife through all of the following:
   (1) Providing for the recruitment and training of an adequate
network of wildlife specialists and volunteers from Oiled Wildlife
Care Network participant organizations who can be called into
immediate action in the event of an oil spill to assist in the field
with collection of live oiled wildlife. The training shall include a
process for certification of trained volunteers and renewal of
certifications. The initial wildlife rescue training shall include
field experience in species identification and appropriate field
collection techniques for species at risk in different spills. In
addition to training in wildlife rescue, the administrator shall
provide for appropriate hazardous materials training for new
volunteers and contract personnel, with refresher courses offered as
necessary to allow for continual readiness of search and collection
teams. The Office of Spill Prevention and Response in the Department
of Fish and Game is not required to reimburse volunteers for time or
travel associated with required wildlife rescue or hazardous
materials training.
   (2) Developing and implementing a plan for the provision of
emergency equipment for wildlife rescue in strategic locations to
facilitate ready deployment in the case of an oil spill. The
administrator shall ensure that the equipment identified as necessary
in his or her wildlife response plan is available and deployed in a
timely manner to assist in providing the best achievable protection
and collection efforts.
   (3) Developing the capacity of the Oiled Wildlife Care Network to
recruit and train an adequate field team for collection of live oiled
wildlife, as specified in paragraph (1), by providing staffing for
field operations, coordination, and volunteer outreach for the Oiled
Wildlife Care Network. The duties of the field operations and
volunteer outreach staff shall include recruitment and coordination
of additional participation in the Oiled Wildlife Care Network by
other existing organizations with experience and expertise in
wildlife rescue and handling, including scientific organizations,
educational institutions, public agencies, and nonprofit
organizations dedicated to wildlife conservation, and recruitment,
training, and supervision of volunteers from Oiled Wildlife Care
Network participating organizations.
   (4) Ensuring that qualified persons with experience and expertise
in wildlife rescue are assigned to oversee and supervise wildlife
recovery search and collection efforts, as specified in the
administrator's wildlife response plan. The administrator shall
provide for and ensure that all persons involved in field collection
of oiled wildlife receive training in search and capture techniques
and hazardous materials certification, as appropriate.


State Codes and Statutes

Statutes > California > Gov > 8670.28-8670.37.5

GOVERNMENT CODE
SECTION 8670.28-8670.37.5



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.



8670.28.5.  An operator shall maintain a level of readiness that
will allow effective implementation of the applicable contingency
plans.


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.


8670.30.  (a) An oil spill response organization may apply to the
administrator for a rating of that OSRO's response capabilities. The
administrator shall establish rating levels for classifying OSROs
pursuant to subdivision (b).
   (b) Upon receiving a completed application for rating, the
administrator shall review the application and rate the OSRO based on
the OSRO's satisfactory compliance with criteria established by the
administrator, which shall include, but is not limited to, all of the
following elements:
   (1) The geographic region or regions of the state where the OSRO
intends to operate.
   (2) Timeframes for having response resources on-scene and
deployed.
   (3) The type of equipment that the OSRO will use and the location
of the stored equipment.
   (4) The volume of oil that the OSRO is capable of recovering and
containing.
   (c) The administrator shall not issue a rating until the applicant
OSRO completes an unannounced drill. The administrator may call a
drill for every distinct geographic area in which the OSRO requests a
rating. The drill shall test the resources and response capabilities
of the OSRO, including, but not limited to, on water containment and
recovery, environmentally sensitive habitat protection, and storage.
If an OSRO fails to successfully complete a drill, the administrator
shall not issue the requested rating, but the administrator may rate
the OSRO at a rating lesser than the rating sought with the
application. If an OSRO is denied a requested rating, the OSRO may
reapply for rating.
   (d) A rating issued pursuant to this section shall be valid for
three years unless modified, suspended, or revoked. The administrator
shall review the rating of each rated OSRO at least once every three
years. The administrator shall not renew a rating unless the OSRO
meets criteria established by the administrator, including, at a
minimum, that the rated OSRO periodically tests and drills itself,
including testing protection of environmentally sensitive sites,
during the three-year period.
   (e) The administrator shall require a rated OSRO to demonstrate
that the rated OSRO can deploy the response resources required to
meet the applicable provisions of an oil spill contingency plan in
which the OSRO is listed. These demonstrations may be achieved
through inspections, announced and unannounced drills, or by any
other means.
   (f) (1) Except as provided in paragraph (6), each rated OSRO shall
satisfactorily complete at least one unannounced drill every three
years after receiving its rating.
   (2) The administrator may modify, suspend, or revoke an OSRO's
rating if a rated OSRO fails to satisfactorily complete a drill.
   (3) The administrator may require the satisfactory completion of
one unannounced drill of each rated OSRO prior to being granted a
modified rating, and shall require satisfactory completion of one
unannounced drill for each rated OSRO prior to being granted a
renewal or prior to reinstatement of a revoked or suspended rating.
   (4) A drill for the protection of environmentally sensitive areas
shall conform as close as possible to the response that would occur
during a spill but sensitive sites shall not be damaged during the
drill.
   (5) The response resources to be deployed by a rated OSRO within
the first six hours of a spill or drill shall be dedicated response
resources or be owned and controlled by a rated OSRO that are
sufficient to meet the spill response planning requirements of the
OSRO's client owner or operator. This requirement does not preclude a
rated OSRO from bringing in additional response resources. The
administrator may, by regulation, permit a lesser requirement for
dedicated or OSRO owned and controlled response resources for
shoreline protection.
   (6) The administrator may determine that actual satisfactory spill
response performance during the previous three years may be
substituted in lieu of a drill.
   (7) The administrator shall issue a written report evaluating the
performance of the OSRO after every unannounced drill called by the
administrator.
   (8) The administrator shall determine whether an unannounced drill
called upon an OSRO by a federal agency during the previous three
years qualifies as an unannounced drill for the purposes of this
subdivision.
   (g) Each rated OSRO shall provide reasonable notice to the
administrator about each future drill, and the administrator, or his
or her designee, may attend the drill.
   (h) The costs incurred by an OSRO to comply with this section and
the regulations adopted pursuant to this section, including drills
called by the administrator, shall be the responsibility of the OSRO.
All local, state, and federal agency costs incurred in conjunction
with participation in a drill shall be borne by each respective
agency.
   (i) (1) A rating awarded pursuant to this section is personal and
applies only to the OSRO that receives that rating and the rating is
not transferable, assignable, or assumable. A rating does not
constitute a possessory interest in real or personal property.
   (2) If there is a change in ownership or control of the OSRO, the
rating of that OSRO is null and void and the OSRO shall file a new
application for a rating pursuant to this section.
   (3) For purposes of this subdivision, a "change in ownership or
control" includes, but is not limited to, a change in corporate
status, or a transfer of ownership that changes the majority control
of voting within the entity.
   (j) The administrator may charge a reasonable fee to process an
application for, or renewal of, a rating.
   (k) The administrator shall adopt regulations to implement this
section as appropriate. At a minimum, the regulations shall
appropriately address all of the following:
   (1) Criteria for successful completion of a drill.
   (2) The amount and type of response resources that are required to
be available to respond to a particular volume of spilled oil during
specific timeframes within a particular region.
   (3) Regional requirements.
   (4) Training.
   (5) The process for applying for a rating, and for suspension,
revocation, appeal, or other modification of a rating.
   (6) Ownership and employment of response resources.
   (7) Conditions for canceling a drill due to hazardous or other
operational circumstances.
   (l) Any letter of approval issued from the administrator before
January 1, 2002, that rates an OSRO shall be deemed to meet the
requirements of this section for three years from the date of the
letter's issuance or until January 1, 2003, whichever date occurs
later.


8670.30.5.  (a) The administrator may review each oil spill
contingency plan that has been approved pursuant to Section 8670.29
to determine whether it complies with Sections 8670.28 and 8670.29.
   (b) If the administrator finds the approved oil spill contingency
plan is deficient, the plan shall be returned to the operator with
written reasons why the approved plan was found inadequate and, if
practicable, suggested modifications or alternatives. The operator
shall submit a new or modified plan within 90 days that responds to
the deficiencies identified by the administrator.



8670.31.  (a) Each oil spill contingency plan required under this
article shall be submitted to the administrator before a tank vessel,
nontank vessel, or vessel carrying oil as secondary cargo operates
in the marine waters of the state, or before a marine facility, small
marine fueling facility, or mobile transfer unit, operates in the
marine waters of the state or where an oil spill therefrom could
impact marine waters.
   (b) The administrator shall review each submitted contingency plan
to determine whether it complies with the administrator's rules,
policies, and regulations adopted pursuant to Section 8670.28 and
8670.29.
   (c) Each contingency plan submitted shall be approved or
disapproved within 180 days after receipt by the administrator. The
administrator may approve or disapprove portions of a plan. A plan is
not deemed approved until all portions are approved pursuant to this
section. The disapproved portion shall be subject to the procedures
contained in subdivision (d).
   (d) If the administrator finds the submitted contingency plan is
inadequate under the rules, policies, and regulations of the
administrator, the plan shall be returned to the submitter with
written reasons why the plan was found inadequate and, if
practicable, suggested modifications or alternatives, if appropriate.
The submitter shall submit a new or modified plan within 90 days
after the earlier plan was returned, responding to the findings and
incorporating any suggested modifications. The resubmittal shall be
treated as a new submittal and processed according to the provisions
of this section, except that the resubmitted plan shall be deemed
approved unless the administrator acts pursuant to subdivision (c).
Failure to gain approval after the second submission may be
determined by the administrator to be a violation of this chapter.
   (e) The administrator may make inspections and require drills of
any oil spill contingency plan that is submitted.
   (f) After the plan has been approved, it shall be resubmitted
every five years thereafter. The administrator may require earlier or
more frequent resubmission, if warranted. Circumstances that would
require an earlier resubmission include, but are not limited to,
changes in regulations, new oil spill response technologies,
deficiencies identified in the evaluation conducted pursuant to
Section 8670.19, or a need for a different oil spill response because
of increased need to protect endangered species habitat. The
administrator may deny approval of the resubmitted plan if it is no
longer considered adequate according to the adopted rules,
regulations, and policies of the administrator at the time of
resubmission.
   (g) (1) Each operator of a tank vessel, vessel carrying oil as a
secondary cargo, or marine facility who is required to file an oil
spill response plan or update pursuant to provisions of federal law
regulating marine oil spill response plans shall, for informational
purposes only, submit a copy of that plan or update to the
administrator at the time that it is approved by the relevant federal
agency.
   (2) A tank vessel, vessel carrying oil as a secondary cargo, or
marine facility operator is not required to submit a copy of the
response plan or update specified in paragraph (1) to the
administrator if either the vessel or facility is exempt from having
to file a response plan with the state, or if the content of the plan
submitted by the operator pursuant to Section 8670.29 is
substantially the same as the federal response plan or update.



8670.33.  (a) If the operator of a tank ship or tank barge for which
a contingency plan has not been approved desires to have the tank
ship or tank barge enter marine waters of the state, the
administrator may give approval by telephone or facsimile machine for
the entry of the tank ship or tank barge into marine waters under an
approved contingency plan applicable to a terminal or tank ship, if
all of the following are met:
   (1) The terminal or tank ship is the destination of the tank ship
or tank barge.
   (2) The operator of the terminal or the tank ship provides the
administrator advance written assurance that the operator assumes all
responsibility for the operations of the tank ship or tank barge
while it is in marine waters traveling to or from the terminal. The
assurance may be delivered by hand or by mail or may be sent by
facsimile machine, followed by delivery of the original.
   (3) The approved terminal or tank ship contingency plan includes
all conditions the administrator requires for the operations of tank
ship or tank barges traveling to and from the terminal.
   (4) The tank ship or tank barge and its operations meet all
requirements of the contingency plan for the tank ship or terminal
that is the destination of the tank ship or tank barge.
   (5) The tank ship or tank barge without an approved contingency
plan has not entered marine waters more than once in the 12-month
period preceding the request made under this section.
   (b) At all times that a tank ship or tank barge is in marine
waters pursuant to subdivision (a), its operators and all their
agents and employees shall operate the vessel in accordance with the
applicable operations manual or, if there is an oil spill, in
accordance with the directions of the administrator and the
applicable contingency plan.



8670.34.  This article shall not apply to any tank vessel, nontank
vessel, or vessel carrying oil as a secondary cargo that enters
marine waters of the state because of imminent danger to the lives of
crew members or if entering marine waters of the state will
substantially aid in preventing an oil spill or other harm to public
safety or the environment, if the operators of the tank vessel,
nontank vessel, or vessel carrying oil as a secondary cargo comply
with all of the following:
   (a) The operators or crew of the tank vessel, nontank vessel, or
vessel carrying oil as a secondary cargo complies at all times with
all orders and directions given by the administrator, or his or her
designee, while the tank vessel, nontank vessel, or vessel carrying
oil as a secondary cargo is in marine waters of the state, unless the
orders or directions are contradicted by orders or directions of the
Coast Guard.
   (b) Except for fuel, oil may be transferred to or from the tank
vessel, nontank vessel, or vessel carrying oil as a secondary cargo
while it is in marine waters of the state only if permission is
obtained for the transfer of oil and one of the following conditions
is met:
   (1) The transfer is necessary for the safety of the crew.
   (2) The transfer is necessary to prevent harm to public safety or
the environment.
   (3) An oil spill contingency plan is approved or made applicable
to the tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo, under subdivision (c).
   (c) The tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo shall leave the marine waters of the state as soon as
it may do so without imminent risk of harm to the crew, public
safety, or the environment, unless an oil spill contingency plan is
approved or made applicable to it under this article.



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.



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.



8670.36.1.  (a) To reduce the damages and costs from spills, the
administrator shall develop an outreach program to provide assistance
to the operators of small craft refueling docks.
   (b) The program shall include both of the following:
   (1) Voluntary inspections by the administrator. The administrator
shall prepare, and maintain on file, a written report recommending
how any risk of a spill identified in those inspections may be
reduced and how those recommendations could be implemented.
   (2) An education and outreach program to inform small craft
refueling dock operators and the operators of the vessels they serve
of the obligations and potential liabilities from a spill. For the
purpose of this section, "vessel" has the same meaning as in Section
21 of the Harbors and Navigation Code.
   (c) To ensure effective implementation of the program, each small
craft refueling dock shall register with the administrator prior to
operating.
   (d) The administrator may require information needed to evaluate
whether a facility is a small craft refueling dock as defined in
Section 8670.3. The administrator may also require any pertinent
information regarding the oil spill risk of a small craft refueling
dock. This information may include, but shall not be limited to, the
following:
   (1) The type of oil handled.
   (2) The size of storage tanks.
   (3) The name and telephone number of the small craft refueling
dock operator.
   (4) The location and size of the small craft refueling dock.
   (e) The administrator may develop regulations to implement this
section.


8670.37.  (a) The administrator, with the assistance of the State
Lands Commission, the California Coastal Commission, and the
executive director of the San Francisco Bay Conservation and
Development Commission, shall carry out studies with regard to
improvements to contingency planning and oil spill response equipment
and operations.
   (b) To the greatest extent possible, these studies shall be
coordinated with studies being done by the federal government, and
other appropriate state and international entities, and duplication
with the efforts of other entities shall be minimized.
   (c) The administrator, the State Lands Commission, the California
Coastal Commission, and the Executive Director of the San Francisco
Bay Conservation and Development Commission, may be reimbursed for
all costs incurred in carrying out the studies under this section
from the Oil Spill Prevention and Administration Fund.



8670.37.5.  (a) The administrator shall establish a network of
rescue and rehabilitation stations for sea birds, sea otters, and
other marine mammals. In addition to rehabilitative care, the primary
focus of the Oiled Wildlife Care Network shall include proactive
oiled wildlife search and collection rescue efforts. These facilities
shall be established and maintained in a state of preparedness to
provide the best achievable treatment for marine mammals and birds
affected by an oil spill in marine waters. The administrator shall
consider all feasible management alternatives for operation of the
network.
   (b) The first rescue and rehabilitation station established
pursuant to this section shall be located within the sea otter range
on the central coast. The administrator shall establish regional
oiled wildlife rescue and rehabilitation facilities in the Los
Angeles Harbor area, the San Francisco Bay area, the San Diego area,
the Monterey Bay area, the Humboldt County area, and the Santa
Barbara area, and may establish those facilities in other coastal
areas of the state as the administrator determines to be necessary.
One or more of the oiled wildlife rescue and rehabilitation stations
shall be open to the public for educational purposes and shall be
available for marine wildlife health research. Wherever possible in
the establishment of these facilities, the administrator shall
improve existing authorized marine mammal rehabilitation facilities
and may expand or take advantage of existing educational or
scientific programs and institutions for oiled wildlife
rehabilitation purposes. Expenditures shall be reviewed by the
agencies and organizations specified in subdivision (c).
   (c) The administrator shall consult with the United States Fish
and Wildlife Service, the National Marine Fisheries Service, the
California Coastal Commission, the Executive Director of the San
Francisco Bay Conservation and Development Commission, the Marine
Mammal Center, and the International Bird Rescue Center in the
design, planning, construction, and operation of the rescue and
rehabilitation stations. All proposals for the rescue and
rehabilitation stations shall be presented before a public hearing
prior to the construction and operation of any rehabilitation
station, and, upon completion of the coastal protection element of
the California oil spill contingency plan, shall be consistent with
the coastal protection element.
   (d) The administrator may enter into agreements with nonprofit
organizations to establish and equip wildlife rescue and
rehabilitation stations and to ensure that they are operated in a
professional manner in keeping with the pertinent guidance documents
issued by the Office of Spill Prevention and Response in the
Department of Fish and Game. The implementation of the agreement
shall not constitute a California public works project. The agreement
shall be deemed a contract for wildlife rehabilitation as authorized
by Section 8670.61.5.
   (e) In the event of a spill, the responsible party may request
that the administrator perform the rescue and rehabilitation of oiled
wildlife required of the responsible party pursuant to this chapter
if the responsible party and the administrator enter into an
agreement for the reimbursement of the administrator's costs incurred
in taking the requested action. If the administrator performs the
rescue and rehabilitation of oiled wildlife, the administrator shall
primarily utilize the network of rescue and rehabilitation stations
established pursuant to subdivision (a), unless more immediate care
is required. Any of those activities conducted pursuant to this
section or Section 8670.56.5 or 8670.61.5 shall be performed under
the direction of the administrator. This subdivision does not remove
the responsible party from liability for the costs of, nor the
responsibility for, the rescue and rehabilitation of oiled wildlife,
as established by this chapter. This subdivision does not prohibit an
owner or operator from retaining, in a contingency plan prepared
pursuant to this article, wildlife rescue and rehabilitation services
different from the rescue and rehabilitation stations established
pursuant to this section.
   (f) (1) The administrator shall appoint a rescue and
rehabilitation advisory board to advise the administrator regarding
operation of the network of rescue and rehabilitation stations
established pursuant to subdivision (a), including the economic
operation and maintenance of the network. For the purpose of
assisting the administrator in determining what constitutes the best
achievable treatment for oiled wildlife, the advisory board shall
provide recommendations to the administrator on the care achieved by
current standard treatment methods, new or alternative treatment
methods, the costs of treatment methods, and any other information
that the advisory board believes that the administrator might find
useful in making that determination. The administrator shall consult
with the advisory board in preparing the administrator's submission
to the Legislature pursuant to subparagraph (A) of paragraph (2) of
subdivision (l) of Section 8670.48. The administrator shall present
the recommendations of the advisory board to the Oil Spill Technical
Advisory Committee created pursuant to Article 8 (commencing with
Section 8670.54), upon the request of the committee.
   (2) The advisory board shall consist of a balance between
representatives of the oil industry, wildlife rehabilitation
organizations, and academia. One academic representative shall be
from a veterinary school within this state. The United States Fish
and Wildlife Service and the National Marine Fisheries Service shall
be requested to participate as ex officio members.
   (3) (A) The Legislature hereby finds and declares that since the
administrator may rely on the expertise provided by the volunteer
members of the advisory board and may be guided by their
recommendations in making decisions that relate to the operation of
the network of rescue and rehabilitation stations, those members
should be entitled to the same immunity from liability that is
provided other public employees.
   (B) Members of the advisory board, while performing functions
within the scope of advisory board duties, shall be entitled to the
same rights and immunities granted public employees by Article 3
(commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6
of Title 1. Those rights and immunities are deemed to have attached,
and shall attach, as of the date of appointment of the member to the
advisory board.
   (g) The administrator shall ensure the state's ability to prevent
the contamination of wildlife and to identify, collect, rescue, and
treat oiled wildlife through all of the following:
   (1) Providing for the recruitment and training of an adequate
network of wildlife specialists and volunteers from Oiled Wildlife
Care Network participant organizations who can be called into
immediate action in the event of an oil spill to assist in the field
with collection of live oiled wildlife. The training shall include a
process for certification of trained volunteers and renewal of
certifications. The initial wildlife rescue training shall include
field experience in species identification and appropriate field
collection techniques for species at risk in different spills. In
addition to training in wildlife rescue, the administrator shall
provide for appropriate hazardous materials training for new
volunteers and contract personnel, with refresher courses offered as
necessary to allow for continual readiness of search and collection
teams. The Office of Spill Prevention and Response in the Department
of Fish and Game is not required to reimburse volunteers for time or
travel associated with required wildlife rescue or hazardous
materials training.
   (2) Developing and implementing a plan for the provision of
emergency equipment for wildlife rescue in strategic locations to
facilitate ready deployment in the case of an oil spill. The
administrator shall ensure that the equipment identified as necessary
in his or her wildlife response plan is available and deployed in a
timely manner to assist in providing the best achievable protection
and collection efforts.
   (3) Developing the capacity of the Oiled Wildlife Care Network to
recruit and train an adequate field team for collection of live oiled
wildlife, as specified in paragraph (1), by providing staffing for
field operations, coordination, and volunteer outreach for the Oiled
Wildlife Care Network. The duties of the field operations and
volunteer outreach staff shall include recruitment and coordination
of additional participation in the Oiled Wildlife Care Network by
other existing organizations with experience and expertise in
wildlife rescue and handling, including scientific organizations,
educational institutions, public agencies, and nonprofit
organizations dedicated to wildlife conservation, and recruitment,
training, and supervision of volunteers from Oiled Wildlife Care
Network participating organizations.
   (4) Ensuring that qualified persons with experience and expertise
in wildlife rescue are assigned to oversee and supervise wildlife
recovery search and collection efforts, as specified in the
administrator's wildlife response plan. The administrator shall
provide for and ensure that all persons involved in field collection
of oiled wildlife receive training in search and capture techniques
and hazardous materials certification, as appropriate.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 8670.28-8670.37.5

GOVERNMENT CODE
SECTION 8670.28-8670.37.5



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.



8670.28.5.  An operator shall maintain a level of readiness that
will allow effective implementation of the applicable contingency
plans.


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.


8670.30.  (a) An oil spill response organization may apply to the
administrator for a rating of that OSRO's response capabilities. The
administrator shall establish rating levels for classifying OSROs
pursuant to subdivision (b).
   (b) Upon receiving a completed application for rating, the
administrator shall review the application and rate the OSRO based on
the OSRO's satisfactory compliance with criteria established by the
administrator, which shall include, but is not limited to, all of the
following elements:
   (1) The geographic region or regions of the state where the OSRO
intends to operate.
   (2) Timeframes for having response resources on-scene and
deployed.
   (3) The type of equipment that the OSRO will use and the location
of the stored equipment.
   (4) The volume of oil that the OSRO is capable of recovering and
containing.
   (c) The administrator shall not issue a rating until the applicant
OSRO completes an unannounced drill. The administrator may call a
drill for every distinct geographic area in which the OSRO requests a
rating. The drill shall test the resources and response capabilities
of the OSRO, including, but not limited to, on water containment and
recovery, environmentally sensitive habitat protection, and storage.
If an OSRO fails to successfully complete a drill, the administrator
shall not issue the requested rating, but the administrator may rate
the OSRO at a rating lesser than the rating sought with the
application. If an OSRO is denied a requested rating, the OSRO may
reapply for rating.
   (d) A rating issued pursuant to this section shall be valid for
three years unless modified, suspended, or revoked. The administrator
shall review the rating of each rated OSRO at least once every three
years. The administrator shall not renew a rating unless the OSRO
meets criteria established by the administrator, including, at a
minimum, that the rated OSRO periodically tests and drills itself,
including testing protection of environmentally sensitive sites,
during the three-year period.
   (e) The administrator shall require a rated OSRO to demonstrate
that the rated OSRO can deploy the response resources required to
meet the applicable provisions of an oil spill contingency plan in
which the OSRO is listed. These demonstrations may be achieved
through inspections, announced and unannounced drills, or by any
other means.
   (f) (1) Except as provided in paragraph (6), each rated OSRO shall
satisfactorily complete at least one unannounced drill every three
years after receiving its rating.
   (2) The administrator may modify, suspend, or revoke an OSRO's
rating if a rated OSRO fails to satisfactorily complete a drill.
   (3) The administrator may require the satisfactory completion of
one unannounced drill of each rated OSRO prior to being granted a
modified rating, and shall require satisfactory completion of one
unannounced drill for each rated OSRO prior to being granted a
renewal or prior to reinstatement of a revoked or suspended rating.
   (4) A drill for the protection of environmentally sensitive areas
shall conform as close as possible to the response that would occur
during a spill but sensitive sites shall not be damaged during the
drill.
   (5) The response resources to be deployed by a rated OSRO within
the first six hours of a spill or drill shall be dedicated response
resources or be owned and controlled by a rated OSRO that are
sufficient to meet the spill response planning requirements of the
OSRO's client owner or operator. This requirement does not preclude a
rated OSRO from bringing in additional response resources. The
administrator may, by regulation, permit a lesser requirement for
dedicated or OSRO owned and controlled response resources for
shoreline protection.
   (6) The administrator may determine that actual satisfactory spill
response performance during the previous three years may be
substituted in lieu of a drill.
   (7) The administrator shall issue a written report evaluating the
performance of the OSRO after every unannounced drill called by the
administrator.
   (8) The administrator shall determine whether an unannounced drill
called upon an OSRO by a federal agency during the previous three
years qualifies as an unannounced drill for the purposes of this
subdivision.
   (g) Each rated OSRO shall provide reasonable notice to the
administrator about each future drill, and the administrator, or his
or her designee, may attend the drill.
   (h) The costs incurred by an OSRO to comply with this section and
the regulations adopted pursuant to this section, including drills
called by the administrator, shall be the responsibility of the OSRO.
All local, state, and federal agency costs incurred in conjunction
with participation in a drill shall be borne by each respective
agency.
   (i) (1) A rating awarded pursuant to this section is personal and
applies only to the OSRO that receives that rating and the rating is
not transferable, assignable, or assumable. A rating does not
constitute a possessory interest in real or personal property.
   (2) If there is a change in ownership or control of the OSRO, the
rating of that OSRO is null and void and the OSRO shall file a new
application for a rating pursuant to this section.
   (3) For purposes of this subdivision, a "change in ownership or
control" includes, but is not limited to, a change in corporate
status, or a transfer of ownership that changes the majority control
of voting within the entity.
   (j) The administrator may charge a reasonable fee to process an
application for, or renewal of, a rating.
   (k) The administrator shall adopt regulations to implement this
section as appropriate. At a minimum, the regulations shall
appropriately address all of the following:
   (1) Criteria for successful completion of a drill.
   (2) The amount and type of response resources that are required to
be available to respond to a particular volume of spilled oil during
specific timeframes within a particular region.
   (3) Regional requirements.
   (4) Training.
   (5) The process for applying for a rating, and for suspension,
revocation, appeal, or other modification of a rating.
   (6) Ownership and employment of response resources.
   (7) Conditions for canceling a drill due to hazardous or other
operational circumstances.
   (l) Any letter of approval issued from the administrator before
January 1, 2002, that rates an OSRO shall be deemed to meet the
requirements of this section for three years from the date of the
letter's issuance or until January 1, 2003, whichever date occurs
later.


8670.30.5.  (a) The administrator may review each oil spill
contingency plan that has been approved pursuant to Section 8670.29
to determine whether it complies with Sections 8670.28 and 8670.29.
   (b) If the administrator finds the approved oil spill contingency
plan is deficient, the plan shall be returned to the operator with
written reasons why the approved plan was found inadequate and, if
practicable, suggested modifications or alternatives. The operator
shall submit a new or modified plan within 90 days that responds to
the deficiencies identified by the administrator.



8670.31.  (a) Each oil spill contingency plan required under this
article shall be submitted to the administrator before a tank vessel,
nontank vessel, or vessel carrying oil as secondary cargo operates
in the marine waters of the state, or before a marine facility, small
marine fueling facility, or mobile transfer unit, operates in the
marine waters of the state or where an oil spill therefrom could
impact marine waters.
   (b) The administrator shall review each submitted contingency plan
to determine whether it complies with the administrator's rules,
policies, and regulations adopted pursuant to Section 8670.28 and
8670.29.
   (c) Each contingency plan submitted shall be approved or
disapproved within 180 days after receipt by the administrator. The
administrator may approve or disapprove portions of a plan. A plan is
not deemed approved until all portions are approved pursuant to this
section. The disapproved portion shall be subject to the procedures
contained in subdivision (d).
   (d) If the administrator finds the submitted contingency plan is
inadequate under the rules, policies, and regulations of the
administrator, the plan shall be returned to the submitter with
written reasons why the plan was found inadequate and, if
practicable, suggested modifications or alternatives, if appropriate.
The submitter shall submit a new or modified plan within 90 days
after the earlier plan was returned, responding to the findings and
incorporating any suggested modifications. The resubmittal shall be
treated as a new submittal and processed according to the provisions
of this section, except that the resubmitted plan shall be deemed
approved unless the administrator acts pursuant to subdivision (c).
Failure to gain approval after the second submission may be
determined by the administrator to be a violation of this chapter.
   (e) The administrator may make inspections and require drills of
any oil spill contingency plan that is submitted.
   (f) After the plan has been approved, it shall be resubmitted
every five years thereafter. The administrator may require earlier or
more frequent resubmission, if warranted. Circumstances that would
require an earlier resubmission include, but are not limited to,
changes in regulations, new oil spill response technologies,
deficiencies identified in the evaluation conducted pursuant to
Section 8670.19, or a need for a different oil spill response because
of increased need to protect endangered species habitat. The
administrator may deny approval of the resubmitted plan if it is no
longer considered adequate according to the adopted rules,
regulations, and policies of the administrator at the time of
resubmission.
   (g) (1) Each operator of a tank vessel, vessel carrying oil as a
secondary cargo, or marine facility who is required to file an oil
spill response plan or update pursuant to provisions of federal law
regulating marine oil spill response plans shall, for informational
purposes only, submit a copy of that plan or update to the
administrator at the time that it is approved by the relevant federal
agency.
   (2) A tank vessel, vessel carrying oil as a secondary cargo, or
marine facility operator is not required to submit a copy of the
response plan or update specified in paragraph (1) to the
administrator if either the vessel or facility is exempt from having
to file a response plan with the state, or if the content of the plan
submitted by the operator pursuant to Section 8670.29 is
substantially the same as the federal response plan or update.



8670.33.  (a) If the operator of a tank ship or tank barge for which
a contingency plan has not been approved desires to have the tank
ship or tank barge enter marine waters of the state, the
administrator may give approval by telephone or facsimile machine for
the entry of the tank ship or tank barge into marine waters under an
approved contingency plan applicable to a terminal or tank ship, if
all of the following are met:
   (1) The terminal or tank ship is the destination of the tank ship
or tank barge.
   (2) The operator of the terminal or the tank ship provides the
administrator advance written assurance that the operator assumes all
responsibility for the operations of the tank ship or tank barge
while it is in marine waters traveling to or from the terminal. The
assurance may be delivered by hand or by mail or may be sent by
facsimile machine, followed by delivery of the original.
   (3) The approved terminal or tank ship contingency plan includes
all conditions the administrator requires for the operations of tank
ship or tank barges traveling to and from the terminal.
   (4) The tank ship or tank barge and its operations meet all
requirements of the contingency plan for the tank ship or terminal
that is the destination of the tank ship or tank barge.
   (5) The tank ship or tank barge without an approved contingency
plan has not entered marine waters more than once in the 12-month
period preceding the request made under this section.
   (b) At all times that a tank ship or tank barge is in marine
waters pursuant to subdivision (a), its operators and all their
agents and employees shall operate the vessel in accordance with the
applicable operations manual or, if there is an oil spill, in
accordance with the directions of the administrator and the
applicable contingency plan.



8670.34.  This article shall not apply to any tank vessel, nontank
vessel, or vessel carrying oil as a secondary cargo that enters
marine waters of the state because of imminent danger to the lives of
crew members or if entering marine waters of the state will
substantially aid in preventing an oil spill or other harm to public
safety or the environment, if the operators of the tank vessel,
nontank vessel, or vessel carrying oil as a secondary cargo comply
with all of the following:
   (a) The operators or crew of the tank vessel, nontank vessel, or
vessel carrying oil as a secondary cargo complies at all times with
all orders and directions given by the administrator, or his or her
designee, while the tank vessel, nontank vessel, or vessel carrying
oil as a secondary cargo is in marine waters of the state, unless the
orders or directions are contradicted by orders or directions of the
Coast Guard.
   (b) Except for fuel, oil may be transferred to or from the tank
vessel, nontank vessel, or vessel carrying oil as a secondary cargo
while it is in marine waters of the state only if permission is
obtained for the transfer of oil and one of the following conditions
is met:
   (1) The transfer is necessary for the safety of the crew.
   (2) The transfer is necessary to prevent harm to public safety or
the environment.
   (3) An oil spill contingency plan is approved or made applicable
to the tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo, under subdivision (c).
   (c) The tank vessel, nontank vessel, or vessel carrying oil as a
secondary cargo shall leave the marine waters of the state as soon as
it may do so without imminent risk of harm to the crew, public
safety, or the environment, unless an oil spill contingency plan is
approved or made applicable to it under this article.



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.



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.



8670.36.1.  (a) To reduce the damages and costs from spills, the
administrator shall develop an outreach program to provide assistance
to the operators of small craft refueling docks.
   (b) The program shall include both of the following:
   (1) Voluntary inspections by the administrator. The administrator
shall prepare, and maintain on file, a written report recommending
how any risk of a spill identified in those inspections may be
reduced and how those recommendations could be implemented.
   (2) An education and outreach program to inform small craft
refueling dock operators and the operators of the vessels they serve
of the obligations and potential liabilities from a spill. For the
purpose of this section, "vessel" has the same meaning as in Section
21 of the Harbors and Navigation Code.
   (c) To ensure effective implementation of the program, each small
craft refueling dock shall register with the administrator prior to
operating.
   (d) The administrator may require information needed to evaluate
whether a facility is a small craft refueling dock as defined in
Section 8670.3. The administrator may also require any pertinent
information regarding the oil spill risk of a small craft refueling
dock. This information may include, but shall not be limited to, the
following:
   (1) The type of oil handled.
   (2) The size of storage tanks.
   (3) The name and telephone number of the small craft refueling
dock operator.
   (4) The location and size of the small craft refueling dock.
   (e) The administrator may develop regulations to implement this
section.


8670.37.  (a) The administrator, with the assistance of the State
Lands Commission, the California Coastal Commission, and the
executive director of the San Francisco Bay Conservation and
Development Commission, shall carry out studies with regard to
improvements to contingency planning and oil spill response equipment
and operations.
   (b) To the greatest extent possible, these studies shall be
coordinated with studies being done by the federal government, and
other appropriate state and international entities, and duplication
with the efforts of other entities shall be minimized.
   (c) The administrator, the State Lands Commission, the California
Coastal Commission, and the Executive Director of the San Francisco
Bay Conservation and Development Commission, may be reimbursed for
all costs incurred in carrying out the studies under this section
from the Oil Spill Prevention and Administration Fund.



8670.37.5.  (a) The administrator shall establish a network of
rescue and rehabilitation stations for sea birds, sea otters, and
other marine mammals. In addition to rehabilitative care, the primary
focus of the Oiled Wildlife Care Network shall include proactive
oiled wildlife search and collection rescue efforts. These facilities
shall be established and maintained in a state of preparedness to
provide the best achievable treatment for marine mammals and birds
affected by an oil spill in marine waters. The administrator shall
consider all feasible management alternatives for operation of the
network.
   (b) The first rescue and rehabilitation station established
pursuant to this section shall be located within the sea otter range
on the central coast. The administrator shall establish regional
oiled wildlife rescue and rehabilitation facilities in the Los
Angeles Harbor area, the San Francisco Bay area, the San Diego area,
the Monterey Bay area, the Humboldt County area, and the Santa
Barbara area, and may establish those facilities in other coastal
areas of the state as the administrator determines to be necessary.
One or more of the oiled wildlife rescue and rehabilitation stations
shall be open to the public for educational purposes and shall be
available for marine wildlife health research. Wherever possible in
the establishment of these facilities, the administrator shall
improve existing authorized marine mammal rehabilitation facilities
and may expand or take advantage of existing educational or
scientific programs and institutions for oiled wildlife
rehabilitation purposes. Expenditures shall be reviewed by the
agencies and organizations specified in subdivision (c).
   (c) The administrator shall consult with the United States Fish
and Wildlife Service, the National Marine Fisheries Service, the
California Coastal Commission, the Executive Director of the San
Francisco Bay Conservation and Development Commission, the Marine
Mammal Center, and the International Bird Rescue Center in the
design, planning, construction, and operation of the rescue and
rehabilitation stations. All proposals for the rescue and
rehabilitation stations shall be presented before a public hearing
prior to the construction and operation of any rehabilitation
station, and, upon completion of the coastal protection element of
the California oil spill contingency plan, shall be consistent with
the coastal protection element.
   (d) The administrator may enter into agreements with nonprofit
organizations to establish and equip wildlife rescue and
rehabilitation stations and to ensure that they are operated in a
professional manner in keeping with the pertinent guidance documents
issued by the Office of Spill Prevention and Response in the
Department of Fish and Game. The implementation of the agreement
shall not constitute a California public works project. The agreement
shall be deemed a contract for wildlife rehabilitation as authorized
by Section 8670.61.5.
   (e) In the event of a spill, the responsible party may request
that the administrator perform the rescue and rehabilitation of oiled
wildlife required of the responsible party pursuant to this chapter
if the responsible party and the administrator enter into an
agreement for the reimbursement of the administrator's costs incurred
in taking the requested action. If the administrator performs the
rescue and rehabilitation of oiled wildlife, the administrator shall
primarily utilize the network of rescue and rehabilitation stations
established pursuant to subdivision (a), unless more immediate care
is required. Any of those activities conducted pursuant to this
section or Section 8670.56.5 or 8670.61.5 shall be performed under
the direction of the administrator. This subdivision does not remove
the responsible party from liability for the costs of, nor the
responsibility for, the rescue and rehabilitation of oiled wildlife,
as established by this chapter. This subdivision does not prohibit an
owner or operator from retaining, in a contingency plan prepared
pursuant to this article, wildlife rescue and rehabilitation services
different from the rescue and rehabilitation stations established
pursuant to this section.
   (f) (1) The administrator shall appoint a rescue and
rehabilitation advisory board to advise the administrator regarding
operation of the network of rescue and rehabilitation stations
established pursuant to subdivision (a), including the economic
operation and maintenance of the network. For the purpose of
assisting the administrator in determining what constitutes the best
achievable treatment for oiled wildlife, the advisory board shall
provide recommendations to the administrator on the care achieved by
current standard treatment methods, new or alternative treatment
methods, the costs of treatment methods, and any other information
that the advisory board believes that the administrator might find
useful in making that determination. The administrator shall consult
with the advisory board in preparing the administrator's submission
to the Legislature pursuant to subparagraph (A) of paragraph (2) of
subdivision (l) of Section 8670.48. The administrator shall present
the recommendations of the advisory board to the Oil Spill Technical
Advisory Committee created pursuant to Article 8 (commencing with
Section 8670.54), upon the request of the committee.
   (2) The advisory board shall consist of a balance between
representatives of the oil industry, wildlife rehabilitation
organizations, and academia. One academic representative shall be
from a veterinary school within this state. The United States Fish
and Wildlife Service and the National Marine Fisheries Service shall
be requested to participate as ex officio members.
   (3) (A) The Legislature hereby finds and declares that since the
administrator may rely on the expertise provided by the volunteer
members of the advisory board and may be guided by their
recommendations in making decisions that relate to the operation of
the network of rescue and rehabilitation stations, those members
should be entitled to the same immunity from liability that is
provided other public employees.
   (B) Members of the advisory board, while performing functions
within the scope of advisory board duties, shall be entitled to the
same rights and immunities granted public employees by Article 3
(commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6
of Title 1. Those rights and immunities are deemed to have attached,
and shall attach, as of the date of appointment of the member to the
advisory board.
   (g) The administrator shall ensure the state's ability to prevent
the contamination of wildlife and to identify, collect, rescue, and
treat oiled wildlife through all of the following:
   (1) Providing for the recruitment and training of an adequate
network of wildlife specialists and volunteers from Oiled Wildlife
Care Network participant organizations who can be called into
immediate action in the event of an oil spill to assist in the field
with collection of live oiled wildlife. The training shall include a
process for certification of trained volunteers and renewal of
certifications. The initial wildlife rescue training shall include
field experience in species identification and appropriate field
collection techniques for species at risk in different spills. In
addition to training in wildlife rescue, the administrator shall
provide for appropriate hazardous materials training for new
volunteers and contract personnel, with refresher courses offered as
necessary to allow for continual readiness of search and collection
teams. The Office of Spill Prevention and Response in the Department
of Fish and Game is not required to reimburse volunteers for time or
travel associated with required wildlife rescue or hazardous
materials training.
   (2) Developing and implementing a plan for the provision of
emergency equipment for wildlife rescue in strategic locations to
facilitate ready deployment in the case of an oil spill. The
administrator shall ensure that the equipment identified as necessary
in his or her wildlife response plan is available and deployed in a
timely manner to assist in providing the best achievable protection
and collection efforts.
   (3) Developing the capacity of the Oiled Wildlife Care Network to
recruit and train an adequate field team for collection of live oiled
wildlife, as specified in paragraph (1), by providing staffing for
field operations, coordination, and volunteer outreach for the Oiled
Wildlife Care Network. The duties of the field operations and
volunteer outreach staff shall include recruitment and coordination
of additional participation in the Oiled Wildlife Care Network by
other existing organizations with experience and expertise in
wildlife rescue and handling, including scientific organizations,
educational institutions, public agencies, and nonprofit
organizations dedicated to wildlife conservation, and recruitment,
training, and supervision of volunteers from Oiled Wildlife Care
Network participating organizations.
   (4) Ensuring that qualified persons with experience and expertise
in wildlife rescue are assigned to oversee and supervise wildlife
recovery search and collection efforts, as specified in the
administrator's wildlife response plan. The administrator shall
provide for and ensure that all persons involved in field collection
of oiled wildlife receive training in search and capture techniques
and hazardous materials certification, as appropriate.