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(continued)
public hearing, administratively revoke the authorization for the
marine exchange to operate a VTS system. If authorization for the
marine exchange to operate a VTS system is revoked, the administrator
shall take any action necessary to expeditiously establish a VTS
system for the VTS area described in Section 445 of the Harbors and
Navigation Code. The action may include the assessment of fees on
vessels, port users, and ports, and needed expenditures, as provided
in subdivision (d).
(g) It is the intent of the Legislature that VTS systems and
vessel traffic monitoring and communications systems be completed and
operated by the Coast Guard, except that, with respect to the VTS
area described in Section 445 of the Harbors and Navigation Code, a
VTS system may be operated by the Marine Exchange of Los Angeles-Long
Beach, Inc., pursuant to subdivision (f).

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8670.22. Any vessel that is not in compliance with the time
schedules and requirements relating to double hulls set forth in the
federal Oil Pollution Prevention, Response, Liability and
Compensation Act of 1990 shall be prohibited from docking, loading,
or unloading at any marine terminal in the state.


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8670.23. (a) The administrator shall establish Harbor Safety
Committees for harbors and adjacent regions of San Diego; Los
Angeles/Long Beach; Port Hueneme; San Francisco; and Humboldt Bay.
(b) The administrator shall determine the geographic area for each
harbor safety committee.
(c) The administrator shall appoint to each harbor safety
committee, for a term of three years, all of the following members,
and their alternates:
(1) A designee of a port authority within the harbor.
(2) A representative of tank ship operators.
(3) A representative of the pilot organizations within the harbor.

(4) A representative of dry cargo vessel operators.
(5) A representative of commercial fishing operators.
(6) A representative of a recognized nonprofit environmental
organization that has as a purpose the protection of marine
resources.
(7) A designee of the California Coastal Commission, except that
for the Harbor Safety Committee for San Francisco Bay, the
administrator shall appoint a designee of the San Francisco Bay
Conservation and Development Commission.
(8) A representative from a recognized labor organization involved
with operations of vessels.
(9) A designee of the Captain of the Port from the United States
Coast Guard, the United States Army Corps of Engineers, the National
Oceanographic and Atmospheric Administration, and the United States
Navy to the extent that each consents to participate on the
committee.
(10) A representative of tug or tank barge operators, who is not
also engaged in the business of operating either tank ships or dry
cargo vessels.
(11) A representative of pleasure boat operators.
(12) A harbor safety committee may petition the administrator with
a request for a new or additional membership position needed to
conduct the harbor safety committee business and that reflects the
makeup of the local maritime community. The approval of this
petition shall be at the sole discretion of the administrator.
(13) A harbor safety committee may petition the administrator for
the elimination of a new or additional membership position requested
and approved pursuant to paragraph (12). The approval of this
petition shall be at the sole discretion of the administrator.
(d) The members appointed from the categories listed in paragraphs
(2), (3), (4), and (10) of subdivision (c) shall have navigational
expertise. An individual is considered to have navigational
expertise if the individual meets any of the following conditions:
(1) Has held or is presently holding a Coast Guard Merchant Marine
Deck Officer's license.
(2) Has held or is presently holding a position on a commercial
vessel that includes navigational responsibilities.
(3) Has held or is presently holding a shoreside position with
direct operational control of vessels.
(4) Has held or is currently holding a position having
responsibilities for permitting or approving the docking of vessels
in and around harbor facilities relating to the safe navigation of
vessels.
(e) The administrator shall appoint a chairperson and vice
chairperson for each harbor safety committee from the membership
specified in subdivision (c). The administrator may withdraw such
appointments at his or her sole discretion.
(f) Upon request of the harbor safety committee, the administrator
may remove a member.
(g) Each member of a harbor safety committee may be reimbursed for
actual and necessary expenses incurred in the performance of
committee duties.

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8670.23.1. (a) Each harbor safety committee established pursuant to
Section 8670.23 shall be responsible for planning for the safe
navigation and operation of tank ships, tank barges, and other
vessels within each harbor. Each committee shall prepare a harbor
safety plan, encompassing all vessel traffic within the harbor.
(b) The administrator shall adopt regulations for harbor safety
committee membership positions required in addition to those
specified in Section 8670.23 and for harbor safety plans in
consultation with the committees of those harbors listed in Section
8670.23, and other affected parties. The regulations shall require
that the plan contain a discussion of the competitive aspects of the
recommendations of the harbor safety committee.
(c) The regulations shall ensure that each harbor safety plan
includes all of the following elements:
(1) A recommendation determining when tank vessels are required to
be accompanied by a tugboat or tugboats, of sufficient size,
horsepower, and pull capability while entering, leaving, or
navigating in the harbor. The Harbor Safety Committee for San
Francisco shall give the highest priority to the continual review and
evaluation of tugboat escort regulations. The administrator shall be
guided by the recommendations of the harbor safety committee when
adopting regulations pursuant to Section 8670.17.2.
(2) A review and evaluation of the adequacy of, and any changes
needed in, all of the following:
(A) Anchorage designations and sounding checks.
(B) Communications systems.
(C) Small vessel congestion in shipping channels.
(D) Placement and effectiveness of navigational aids, channel
design plans, and the traffic and routings from port construction and
dredging projects.
(3) Procedures for routing vessels during emergencies that impact
navigation.
(4) Bridge management requirements.
(5) Suggested mechanisms to ensure that the provisions of the plan
are fully and regularly enforced.
(d) Each harbor safety plan shall be submitted to the
administrator. The administrator shall review and provide comment on
the plan for consistency with the regulations.
(e) The administrator shall, in consultation with the harbor
safety committees listed in Section 8670.23, implement the plans.
The administrator shall adopt regulations necessary to implement the
plans. When federal authority or action is required to implement a
plan, the administrator shall petition the appropriate federal agency
or the United States Congress, as may be necessary.
(f) On or before July 1 of each year, each harbor safety committee
shall revise its respective harbor safety plan and report its
findings and recommendations to the administrator.
(g) The administrator may direct a harbor safety committee to
address any issue affecting maritime safety or security, as
appropriate, and to report findings and recommendations on those
issues. The administrator shall forward those findings and
recommendations to the appropriate authority.
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8670.23.2. (a) The Legislature hereby finds and declares that
because the administrator must rely on the expertise provided by
volunteer members of the harbor safety committees and be guided by
their recommendations in making decisions that relate to the public
safety, members of the harbor safety committees should be entitled to
the same immunity from liability provided other public employees.
(b) Members of the harbor safety committees appointed pursuant to
Section 8670.23, while performing duties required by this article or
by the administrator, 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 harbor
safety committee.

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8670.24. (a) The administrator shall evaluate all pilotage areas in
the state. This evaluation shall include all of the following:
(1) The effectiveness of the state licensing program.
(2) The policies and procedures for investigating pilot incidents
by either the Coast Guard or the State Board of Pilot Commissioners
for the Bays of San Francisco, San Pablo, and Suisun.
(3) The feasibility and desirability of applying a surcharge in
addition to other fees for pilotage for the purposes of providing
expanded pilot training.
(b) The administrator will contact the various pilotage groups,
the Coast Guard, and the maritime industry as part of his or her
evaluation process.
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8670.25. (a) Any person who, without regard to intent or
negligence, causes or permits any oil to be discharged in or on the
marine waters of the state shall immediately contain, cleanup, and
remove the oil in the most effective manner which minimizes
environmental damage and in accordance with the applicable
contingency plans, unless ordered otherwise by the Coast Guard or the
administrator.
(b) If there is a spill, an owner or operator shall comply with
the applicable oil spill contingency plan approved by the
administrator.
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8670.25.5. (a) Without regard to intent or negligence, any party
responsible for the discharge or threatened discharge of oil in
marine waters shall report the discharge immediately to the Office of
Emergency Services pursuant to Section 25507 of the Health and
Safety Code.
(b) Immediately upon receiving notification pursuant to
subdivision (a), the Office of Emergency Services shall notify the
administrator, the State Lands Commission, the California Coastal
Commission, the California regional water quality control board
having jurisdiction over the location of the discharged oil, and take
the actions required by subdivision (d) of Section 8589.7. If the
spill has occurred within the jurisdiction of the San Francisco Bay
Conservation and Development Commission, the Office of Emergency
Services shall notify that commission. Each public agency specified
in this subdivision shall adopt an internal protocol over
communications regarding the discharge of oil and file the internal
protocol with the Office of Emergency Services.
(c) The 24-hour emergency telephone number of the Office of
Emergency Services shall be posted at every terminal, at the area of
control of every marine facility, and on the bridge of every tank
ship in marine waters.
(d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil unless a more
restrictive reporting standard is adopted in the California oil
spill contingency plan prepared pursuant to Section 8574.1.
(e) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.
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8670.26. Any local or state agency responding to a spill of oil
shall notify the Office of Emergency Services, if notification as
required under Section 8670.25.5, Section 13272 of the Water Code, or
any other notification procedure adopted in the California oil spill
contingency plan has not occurred.
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8670.27. (a) (1) All potentially responsible parties for discharged
oil and all of their agents and employees and all state and local
agencies shall carry out response and cleanup operations in
accordance with the applicable contingency plan, unless directed
otherwise by the administrator or the Coast Guard.
(2) Except as provided in subdivision (b), the responsible party,
potentially responsible parties, their agents and employees, the
operators of all vessels docked at a marine facility that is the
source of a discharge, and all state and local agencies shall carry
out spill response consistent with the California oil spill
contingency plan or other applicable federal, state, or local spill
response plans, and owners and operators shall carry out spill
response consistent with their applicable response contingency plans,
unless directed otherwise by the administrator or the Coast Guard.
(b) If a responsible party or potentially responsible party
reasonably, and in good faith, believes that the directions or orders
given by the administrator pursuant to subdivision (a) will
substantially endanger the public safety or the environment, the
party may refuse to act in compliance with the orders or directions
of the administrator. The responsible party or potentially
responsible party shall state, at the time of the refusal, the
reasons why the party refuses to follow the orders or directions of
the administrator. The responsible party or potentially responsible
party shall give the administrator written notice of the reasons for
the refusal within 48 hours of refusing to follow the orders or
directions of the administrator. In any civil or criminal proceeding
commenced pursuant to this section, the burden of proof shall be on
the responsible party or potentially responsible party to
demonstrate, by clear and convincing evidence, why the refusal to
follow the orders or directions of the administrator was justified
under the circumstances.
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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.

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

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8670.29. (a) In accordance with the rules, regulations, and
policies established by the administrator pursuant to Section
8670.28, every 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 every 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. Each 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 Contingency Plan.
(b) Each 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, 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.
(c) An oil spill contingency plan for a vessel shall also include,
but is not limited to, all of the following requirements:
(1) Each plan shall be submitted to the administrator at least
seven days prior to the vessel entering waters of the state.
(2) Each 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.
(6) Provide training and drills at least annually on all of the
elements of the plan.
(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.

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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 may 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, or for 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 spill response
performance 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 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.
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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.

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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.

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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.
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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.


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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.


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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.

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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.
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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.

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8670.37.5. (a) The administrator shall establish a network of
rescue and rehabilitation stations for sea birds, sea otters, and
other marine mammals. 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 Oil 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. Nothing in this subdivision
shall be construed as removing 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.
Nothing in this subdivision shall be construed as prohibiting 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
which the advisory board believes that the administrator might find
useful in making that determination. The administrator shall consult
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 (continued)