Official Summary Text
SB 542, as amended, Limón.
Oil spill prevention: administrator for oil spill response:
duties.
duties: pipeline inspections.
(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the Governor to establish a California oil spill contingency plan that provides for an integrated and effective state procedure to combat the results of major oil spills within the state and that specifies state agencies to implement the plan. Existing law requires the administrator to adopt and implement regulations governing the adequacy of oil spill contingency
plans to be prepared and implemented and requires the regulations to provide for the best achievable protection of coastal and marine waters. Existing law requires these regulations to 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. Existing law requires these regulations to ensure, among other things, standards for determining a reasonable worst case oil spill.
This bill would, commencing January 15, 2027, and at least once every 10 years thereafter, require the administrator to solicit public input regarding the appropriateness of the reasonable worst case spill volumes for facilities and, based on this feedback, review and, as appropriate, revise the criteria and formulas for calculating reasonable worst case spill volumes to reflect the best available information, as provided.
Under the act, the owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for the facility or the oil to be handled, stored, or transported by the facility.
This bill would require the administrator to publicly post a list of all applications for certificates of financial responsibility submitted by facility owners and operators on the internet website of the Office of Spill Prevention and Response. The bill would require the posting to include specified information about applicants, including reasonable worst case spill volume of the facility to be covered by the certificate and the amount of financial responsibility demonstrated. The bill would require the administrator to post this information within 7 business days of receiving an application. The bill would, commencing January 15, 2027, and at least
once every 10 years thereafter, require the administrator to solicit public input regarding the appropriateness of the financial responsibility requirements for facilities and, based on this feedback, review and, as appropriate, revise the criteria and formulas for calculating the financial assurances necessary to respond to an oil spill to reflect the best available information, as provided.
(2) The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines used for the transportation of hazardous liquid. A violation of the act is a crime.
This bill would prohibit the restarting of an existing oil pipeline that is 6 inches or larger that has been idle, inactive, or out of service for 5 years or more without passing a spike hydrostatic testing program that meets the requirements established by the State Fire
Marshal, as provided. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would require these tests to be performed by a qualified testing company, as provided. The bill would require the Office of the State Fire Marshal to promulgate regulations as necessary to implement these provisions.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, there is an administrator for oil spill response. Under this act, the owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for, among other things, the facility or oil to be handled.
This bill would require, for an existing oil pipeline that has not been in use for 5 or more years, there to be a public notice and comment process before the administrator issues the certificate of financial responsibility. The bill would require the administrator to review and revise the formulas for calculating reasonable worst case spills and the financial assurances necessary to respond to an oil spill, as provided.
Under the act, the administrator has primary authority to direct prevention, removal, abatement, response, containment, and cleanup efforts with regard to all aspects of any oil spill in the waters of the state as specified. A person who knowingly violates the act, or other law as provided, is, upon conviction, guilty of a misdemeanor, punishable by a fine or by imprisonment, as specified. Under existing law, the Elder California Pipeline Safety Act of 1981, the State Fire Marshal exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances.
The bill would prohibit, notwithstanding any other law,
an existing oil pipeline, as defined, that has not been used for 5 or more years from being restarted without passing a hydrostatic testing program, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide
that no reimbursement is required by this act for a specified reason.