BILL NUMBER: AB 864	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 9, 2015
	AMENDED IN ASSEMBLY  APRIL 30, 2015
	AMENDED IN ASSEMBLY  APRIL 15, 2015

INTRODUCED BY   Assembly Member Williams
    (   Principal coauthor:   Senator 
 Jackson   ) 

                        FEBRUARY 26, 2015

    An act to add and repeal Section 44002.1 of the Public
Resources Code, relating to solid waste.   An act to
amend Sections 8670.28.5 and 8670.29 of the Government Code, relating
to oil spill response. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 864, as amended, Williams.  Solid waste facilities:
temporary permits.   Oil spill response: environmentally
and ecologically sensitive areas. 
   The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
requires owners or operators of various facilities, including
pipelines, while operating in the waters of the state or where a
spill from the pipelines could impact state waters, to have an oil
spill contingency plan submitted to, and approved by, the
administrator for oil spill response to ensure prompt and adequate
response and removal action in case of a spill. The act requires the
operator to maintain a level of readiness that will allow effective
implementation of the applicable contingency plan.  
   This bill would require the operators of pipelines in
environmentally and ecologically sensitive areas of state waters or
along the coasts of those areas to use the best available
technologies to reduce the amount of oil released in an oil spill to
protect the state waters and wildlife, and to include a description
of the use of those technologies in their oil spill contingency
plans.  
   (1) The California Integrated Waste Management Act of 1989, which
is administered by the Department of Resources Recycling and
Recovery, prohibits a person from operating a solid waste facility
without a solid waste facilities permit if that facility is required
to have a permit pursuant to the act. The enforcement agency is
required to immediately issue a cease and desist order ordering a
solid waste facility that is operating without a permit to
immediately cease operations and to direct the owner or operator of
the facility to obtain a permit.  
   This bill would require, until January 1, 2025, the department to
adopt regulations to authorize an enforcement agency, upon the
department's approval, to issue a temporary solid waste facilities
permit to a person carrying out solid waste operations at a facility
that is required under the act to have a solid waste facilities
permit, but for which a permit has not been obtained. The bill would
require the regulations to direct any person desiring to obtain a
temporary solid waste facilities permit to submit an application to
the enforcement agency no later than 60 days from the date it is
determined by the enforcement agency that a permit is required. The
bill would require the owner or operator of a facility covered under
a temporary permit to agree to inspections, at least monthly, by the
enforcement agency.  
   The bill would require a local enforcement agency to notify the
operators of all facilities within its jurisdiction of the
availability of temporary solid waste facilities permits, thereby
imposing a state-mandated local program by imposing new duties upon
local enforcement agencies. The bill would also require the
department to review and act on a proposed temporary solid waste
facilities permit submitted by an enforcement agency within 30 days
of that submission.  
   (2) 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8670.28.5 of the  
Government Code   is amended to read: 
   8670.28.5.   (a)    An operator shall maintain a
level of readiness that will allow effective implementation of the
applicable contingency plans. 
   (b) An operator of a pipeline in environmentally and ecologically
sensitive areas of state waters and along the coasts of those areas
shall use best available technology, including, but not limited to,
the installation of automatic shutoff valves or remote controlled
sectionalized block valves, or both of those types of valves, to
reduce the amount of oil released in an oil spill to protect state
waters and wildlife. 
   SEC. 2.    Section 8670.29 of the  
Government Code   is amended to read: 
   8670.29.  (a) In accordance with the rules, regulations, and
policies established by the administrator pursuant to Section
8670.28, an owner or operator of a facility, small marine fueling
facility, or mobile transfer unit, or an owner or operator of a tank
vessel, nontank vessel, or vessel carrying oil as secondary cargo,
while operating in the waters of the state or where a spill could
impact waters of the state, shall have 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 a 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 his or her
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, if
different from those used by a recognized incident command system.
   (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 facility shall also
include, but is not limited to, all of the following provisions, as
appropriate:
   (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) Unless preempted by federal law or regulations, an oil spill
contingency plan for a railroad also shall include, but is not
limited to, all of the following:
   (1) A list of the types of train cars that may make up the
consist.
   (2) A list of the types of oil and petroleum products that may be
transported.
   (3) A map of track routes and facilities.
   (4) A list, description, and map of any prestaged spill response
equipment and personnel for deployment of the equipment. 
   (f) An oil spill contingency plan for a pipeline in
environmentally and ecologically sensitive areas of state waters or
along the coasts of those areas shall include a description of how
the operators are using the best available technology, including, but
not limited to, installation of automatic shutoff valves or remote
controlled sectionalized block valves, or both of those types of
valves, to reduce the amount of oil released in an oil spill to
protect state waters and wildlife.  
   (f) 
    (g)  The oil spill contingency plan shall be available
to response personnel and to relevant state and federal agencies for
inspection and review. 
   (g) 
    (h)  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. 
   (h) 
    (i)  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 waters and
natural resources of the state. The administrator may establish
additional oil spill contingency plan requirements, including, but
not limited to, requirements based on the different geographic
regions of the state. All regulations and guidelines shall be
developed in consultation with the Oil Spill Technical Advisory
Committee. 
   (i) 
    (j)  Notwithstanding subdivision (a) and paragraph (6)
of subdivision (b), a vessel or facility operating where a spill
could impact state waters that are not tidally influenced shall
identify a rated OSRO in the contingency plan no later than January
1, 2016. 
  SECTION 1.    Section 44002.1 is added to the
Public Resources Code, to read:
   44002.1.  (a) The Legislature finds and declares all of the
following:
   (1) The swift advance of new trends in solid waste handling and
collection practices, such as single-stream collection of recyclable
materials, including, but not limited to, carpet, mattresses, and
other materials, has resulted in the regulations adopted by the
department that govern solid waste facilities not keeping pace with
those trends, leading to the failure to comply with existing law by a
substantial number of persons carrying out solid waste handling
activities.
   (2) As cities and counties make greater efforts to increase the
diversion of solid waste from landfills, the department anticipates
that many new recycling and solid waste handling activities will
commence in California in the next decades.
   (3) To address these trends, it is necessary to provide a
temporary permitting scheme to enable the operators of existing solid
waste facilities to obtain temporary permits more quickly than is
possible under existing law, in order to protect the public health
and safety, and the environment.
   (b) The department shall adopt regulations pursuant to subdivision
(d) to authorize an enforcement agency, upon the department's
approval, to issue a temporary solid waste facilities permit to a
person operating a solid waste facility that is required under this
division and the regulations adopted by the department pursuant to
this division to obtain a solid waste facilities permit, but for
which a permit has not been obtained. The regulations adopted by the
department shall specify all of the following:
   (1) A requirement that a person desiring to obtain a temporary
solid waste facilities permit submit a complete and correct
application for the permit to the enforcement agency having
jurisdiction no later than 60 days from the date the enforcement
agency determines a solid waste facility permit is required.
   (2) The period of time during which a temporary solid waste
facility permit shall remain effective.
   (3) The types and operational status of solid waste facilities
that are eligible to obtain a temporary solid waste facilities
permit.
   (4) A requirement that the owner or operator of a facility covered
under a temporary solid waste facilities permit agree to allow the
facility to be inspected, at least monthly, by the enforcement
agency.
   (c) (1) An enforcement agency shall notify the operators of all
solid waste facilities within its jurisdiction of the availability of
temporary solid waste facilities permits under the regulations
adopted pursuant to this section.
   (2) The department shall review and act on a proposed temporary
solid waste facilities permit submitted to it by an enforcement
agency for approval within 30 days of that submission. Upon the
request of an enforcement agency, the department shall provide
assistance to the enforcement agency to expeditiously process
applications for temporary solid waste facilities permits.
   (d) The regulations adopted by the department pursuant to this
section may be adopted as emergency regulations and shall be
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, or
general welfare. The department shall file the emergency regulations
with the Office of Administrative Law at the earliest feasible date.
   (e) This section shall remain in effect only until January 1,
2025, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2025, deletes or extends
that date.  
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.