Article 5 - Contingency Planning

California Government Code — §§ 8670.28-8670.37.5

Sections (11)

Amended by Stats. 2021, Ch. 115, Sec. 12. (AB 148) Effective July 22, 2021.

Unless the context requires otherwise, the following definitions shall govern the construction of this chapter:

(a)“Administrator” means the administrator for oil spill response appointed by the Governor pursuant to Section 8670.4.

(b)(1) “Best achievable protection” means the highest level of protection that can be achieved through both the use of the best achievable technology and those manpower levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The administrator’s determination of which measures provide the best achievable protection shall be guided by the

critical need to protect valuable natural resources and state waters, while also considering all of the following:

(A) The protection provided by the measure.

(B) The technological achievability of the measure.

(2)The administrator shall not use a cost-benefit or cost-effectiveness analysis or any particular method of analysis in determining which measures provide the best achievable protection. The administrator shall instead, when determining which measures provide best achievable protection, give reasonable consideration to the protection provided by the measures, the technological achievability of the measures, and the cost of the

measures when establishing the requirements to provide the best achievable protection for the natural resources of the state.

(c)(1) “Best achievable technology” means that technology that provides the greatest degree of protection, taking into consideration both of the following:

(A) Processes that are being developed, or could feasibly be developed anywhere in the world, given overall reasonable expenditures on research and development.

(B) Processes that are currently in use anywhere in the world.

(2)In determining what is the best achievable technology pursuant to this chapter, the administrator shall consider the effectiveness and

engineering feasibility of the technology.

(d)“California oil spill contingency plan” means the California oil spill contingency plan prepared pursuant to Article 3.5 (commencing with Section 8574.1) of Chapter 7.

(e)“Dedicated response resources” means equipment and personnel committed solely to oil spill response, containment, and cleanup that are not used for any other activity that would adversely affect the ability of that equipment and personnel to provide oil spill response services in the timeframes for which the equipment and personnel are rated.

(f)“Environmentally sensitive area” means an area defined pursuant to the applicable area contingency plans or geographic response plans, as created and revised by the

Coast Guard, the United States Environmental Protection Agency, and the administrator.

(g)(1) “Facility” means any of the following located in state waters or located where an oil spill may impact state waters:

(A) A building, structure, installation, or equipment used in oil exploration, oil well drilling operations, oil production, oil refining, oil storage, oil gathering, oil processing, oil transfer, oil distribution, or oil transportation.

(B) A marine terminal.

(D) A railroad that transports oil as cargo.

(E) A drill ship, semisubmersible drilling platform, jack-up type drilling rig, or any other floating or temporary drilling platform.

(F) A renewable fuel production facility.

(G) A renewable fuel receiving facility.

(2)“Facility” does not include any of the following:

(A)A vessel, except a vessel located and used for any purpose described in subparagraph (E) of paragraph (1).

(B)An owner or operator subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety

Code.

(C)Operations on a farm, nursery, logging site, or construction site that are either of the following:

(i)Do not exceed 20,000 gallons in a single storage tank.

(ii) Have a useable tank storage capacity not exceeding 75,000 gallons.

(D) A small craft refueling dock.

(h)“Local government” means a chartered or general law city, a chartered or general law county, or a city and county.

(i)(1) “Marine terminal” means any facility used for transferring oil to or from a tank ship or tank barge.

(2)“Marine terminal” includes, for purposes of this chapter, all piping not integrally connected to a tank facility, as defined in subdivision (n) of Section 25270.2 of the Health and Safety Code.

(j)“Marine waters” means those waters subject to tidal influence, and includes the waterways used for waterborne commercial vessel traffic to the Port of Sacramento and the Port of Stockton.

(k)“Mobile transfer unit” means a vehicle, truck, or trailer, including all connecting hoses and piping, used for the transferring of oil at a location where a discharge could impact waters of the state.

(l)“Nondedicated response resources” means those response resources

identified by an Oil Spill Response Organization for oil spill response activities that are not dedicated response resources.

(m)“Nonfloating oil” means a Group V oil, as defined in Section 155.1020 of Title 33 of the Code of Federal Regulations, including any Group V oil that is diluted with a diluent for transport. The administrator may define additional types of oil as nonfloating oil upon a finding that those types of oil are more likely to sink rapidly due to their composition.

(n)“Nonpersistent oil” means a petroleum-based oil, such as gasoline or jet fuel, that evaporates relatively quickly and is an oil with hydrocarbon fractions, at least 50 percent of which, by volume, distills at a temperature of 645 degrees Fahrenheit, and at least 95 percent of which, by volume,

distills at a temperature of 700 degrees Fahrenheit.

(o)“Nontank vessel” means a vessel of 300 gross tons or greater that carries oil, but does not carry that oil as cargo.

(p)“Oil” means either of the following:

(1)Any kind of petroleum, liquid hydrocarbons, or petroleum products or any fraction or residues therefrom, including, but not limited to, crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas.

(2)Renewable fuel.

(q)“Oil spill cleanup agent” means a chemical, or any other substance,

used for removing, dispersing, or otherwise cleaning up oil or any residual products of petroleum in, or on, any of the waters of the state.

(r)“Oil spill contingency plan” or “contingency plan” means the oil spill contingency plan required pursuant to Article 5 (commencing with Section 8670.28).

(s)(1) “Oil spill response organization” or “OSRO” means an individual, organization, association, cooperative, or other entity that provides, or intends to provide, equipment, personnel, supplies, or other services directly related to oil spill containment, cleanup, or removal activities.

(2)“OSRO” does not include an owner or operator with an oil spill contingency plan approved by the administrator or an

entity that only provides spill management services, or who provides services or equipment that are only ancillary to containment, cleanup, or removal activities.

(t)(1) “Owner” or “operator” means any of the following:

(A) In the case of a vessel, a person who owns, has an ownership interest in, operates, charters by demise, or leases the vessel.

(B) In the case of a facility, a person who owns, has an ownership interest in, or operates the facility.

(C) Except as provided in subparagraph (D), in the case of a vessel or facility, where title or control was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means

to an entity of state or local government, a person who owned, held an ownership interest in, operated, or otherwise controlled activities concerning the vessel or facility immediately

beforehand.

(D) An entity of the state or local government that acquired ownership or control of a vessel or facility, when the entity of the state or local government has caused or contributed to a spill or discharge of oil into waters of the state.

(2)“Owner” or “operator” does not include a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect the person’s security interest in the vessel or facility.

(3)“Operator” does not include a person who owns the land underlying a facility or the facility itself if the person is not involved in the operations of the facility.

(u)“Person” means an individual, trust, firm, joint stock company, or corporation, including, but not limited to, a government corporation, partnership, and association. “Person” also includes a city, county, city and county, district, and the state or any department or agency thereof, and the federal government, or any department or agency thereof, to the extent permitted by law.

(v)“Pipeline” means a pipeline used at any time to transport oil.

(w)“Railroad” means a railroad, railway, rail car, rolling stock, or train.

(x)“Rated OSRO” means an OSRO that has received a satisfactory rating from the administrator pursuant to Section 8670.30.

(y)“Renewable fuel” means any liquid produced from nonpetroleum renewable resources that is used or useable as a fuel, or such liquid that may be blended with other types of fuels. Renewable fuel includes fuels that may contain up to 5 percent petroleum products.

(z)“Renewable fuel production facility” means a facility that produces renewable fuel for blending or shipment.

(aa) “Renewable fuel receiving facility” means a facility that is the first point of receipt of renewable fuel in the state that originated from outside the state, that receives renewable fuel delivered by railroad tank car, tank truck, pipeline, or vessel. A renewable fuel receiving facility may include, but is not limited to, a refinery, a marine terminal, a rail tank car to tank truck transfer

facility, or other storage and distribution facility.

(ab) “Response efforts” means rendering care, assistance, or advice in accordance with the National Contingency Plan, the California oil spill contingency plan, or at the direction of the administrator, the United States Environmental Protection Agency, or the United States Coast Guard in response to a spill or a threatened spill into waters of the state.

(ac) “Responsible party” or “party responsible” means any of the following:

(1)The owner or transporter of oil or a person or entity accepting responsibility for the oil.

(2)The owner, operator, or lessee of, or a person that charters by demise, a

vessel or facility, or a person or entity accepting responsibility for the vessel or facility.

(ad) “Small craft” means a vessel, other than a tank ship or tank barge, that is less than 20 meters in length.

(ae) “Small craft refueling dock” means a waterside operation that dispenses only nonpersistent oil in bulk and small amounts of persistent lubrication oil in containers primarily to small craft and meets both of the following criteria:

(1)Has tank storage capacity not exceeding 20,000 gallons in any single storage tank or tank compartment.

(2)Has total usable tank storage capacity not exceeding 75,000 gallons.

(af) “Small marine fueling facility” means either of the following:

(1)A mobile transfer unit.

(2)A fixed facility that is not a marine terminal, that dispenses primarily nonpersistent oil, that may dispense small amounts of persistent oil, primarily to small craft, and that meets all of the following criteria:

(A)Has tank storage capacity greater than 20,000 gallons but not more than 40,000 gallons in any single storage tank or storage tank compartment.

(B)Has total usable tank storage capacity not exceeding 75,000 gallons.

(C)Had an annual throughput volume of

over-the-water transfers of oil that did not exceed 3,000,000 gallons during the most recent preceding 12-month period.

(ag) “Spill,” “discharge,” or “oil spill” means a release of any amount of oil into waters of the state that is not authorized by a federal, state, or local government entity.

(ah) “Spill management team” means personnel and associated equipment that staff the organizational structure for managing some or all aspects of response, containment, and cleanup of a spill, utilizing an incident command or unified command structure.

(ai) “Tank barge” means a vessel that carries oil in commercial quantities as cargo but is not equipped with a means of self-propulsion.

(aj) “Tank ship” means a self-propelled vessel that is constructed or adapted for the carriage of oil in bulk or in commercial quantities as cargo.

(ak) “Tank vessel” means a tank ship or tank barge.

(al) “Vessel” means a watercraft or ship of any kind, including every structure adapted to be navigated from place to place for the transportation of merchandise or persons.

(am) “Vessel carrying oil as secondary cargo” means a vessel that does not carry oil as a primary cargo, but does carry oil as cargo. The administrator may establish minimum oil volume amounts or other criteria by regulations.

(an) “Waters of the state” or “state waters” means any surface

water, including saline waters, marine waters, and freshwaters, within the boundaries of the state but does not include groundwater.

§ 8670.28

Amended by Stats. 2025, Ch. 118, Sec. 2. (SB 237) Effective January 1, 2026.

(a)The administrator, taking into consideration the facility or vessel contingency plan requirements of the State Lands Commission, the Office of the State Fire Marshal, the California Coastal Commission, and other state and federal agencies, 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 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 the waters and natural resources of the state. 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 state waters are at all times protected by prevention, response, containment, and cleanup equipment and operations.

(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 area 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 facility or vessel. The protection measures shall include, but not be limited to, response to disabled vessels and 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 facility, as determined by the administrator,

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 that, 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)(A) Standards for determining a reasonable worst case oil spill.

(B)Commencing January 15, 2027, and at least once every 10 years thereafter, in order to increase public participation, the administrator shall solicit public input regarding the appropriateness of the reasonable worst case spill volumes for facilities. Based on this feedback, the administrator shall review and, as appropriate, revise the criteria and formulas for calculating reasonable worst case spill volumes to reflect the best available information. If revisions are appropriate, the administrator shall initiate a rulemaking action pursuant to the

Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3), which includes a public notice and comment process.

(C)Notwithstanding subparagraphs (A) and (B), for

a nontank vessel, the reasonable worst case is a spill of the total volume of the largest fuel tank on the nontank vessel.

(11)Each oil spill contingency plan specifies an agent for service of process. The agent shall be located in this state.

(12)The review and potential subsequent rulemaking action pursuant to paragraph (10) shall be combined with and be used to inform the review and potential subsequent rulemaking action pursuant to paragraph (3) of subdivision (d) of Section 8670.37.51, related to financial responsibility.

(b)The regulations and guidelines adopted pursuant to this section shall also include provisions to provide for public review and comment on

submitted oil spill contingency plans.

(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.

§ 8670.29

Amended by Stats. 2019, Ch. 770, Sec. 5. (AB 936) Effective January 1, 2020.

(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 their designee.

(2)Provide for the use of a recognized 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, exercise, 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)(A) Identify at least one rated OSRO, rated 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 spill response activities individually, or in combination with another rated OSRO, for a particular owner or operator.

(B)Commencing January 1, 2023, if nonfloating oil is handled or transported, the contingency plan shall identify at least one OSRO rated for nonfloating oil

spill response pursuant to Section 8670.30.

(C)For purposes of this paragraph, “other approved means” includes the owner or operator relying on its own response equipment and personnel if the response equipment and personnel have been rated by the administrator consistent with the requirements of Section 8670.30.

(7)Identify a qualified individual.

(8)(A) Identify at least one certified spill management team, certified pursuant to Section 8670.32, that is capable of managing a spill of the reasonable worst case spill volume identified in the plan. An owner or operator may demonstrate incident management capabilities with one or more spill management teams. Each identified

certified spill management team shall be directly responsible by contract, agreement, or other approved means to provide spill response activities pursuant to the oil spill contingency plan.

(B)For purposes of this paragraph, “other approved means” includes the owner or operator relying on its own spill management team if that spill management team has been certified by the administrator consistent with the requirements of Section 8670.32.

(9)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.

(10)Provide for training, drills, and exercises on elements of the plan

at least annually, with all elements of the plan subject to a drill or exercise 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)The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review.

(g)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)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)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.

§ 8670.30

Amended by Stats. 2019, Ch. 770, Sec. 6. (AB 936) Effective January 1, 2020.

(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)(1) 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:

(A) The geographic region or regions of the state where the OSRO

intends to operate.

(B) Timeframes for having response resources on-scene and deployed.

(D) The volume of oil that the OSRO is capable of recovering and containing.

(2)On

or before January 1, 2023, the administrator shall revise criteria for rating OSROs determined by the administrator to be capable of addressing nonfloating oil

spills so that the criteria are at least as protective as the nonfloating oil classification in the United States Coast Guard’s OSRO Guidelines, as those guidelines read on January 1, 2019, and that those OSROs are required to be capable of providing equipment on the scene of an oil spill within an amount of time determined by the administrator to be consistent with achievement of best achievable protection for nonfloating oil.

(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 the administrator’s 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 and type 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.

§ 8670.31

Amended by Stats. 2016, Ch. 209, Sec. 6. (AB 2912) Effective January 1, 2017.

(a)Each oil spill contingency plan required under this article shall be submitted to the administrator for review and approval.

(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 Sections 8670.28 and 8670.29. The administrator may issue a preliminary approval pending final approval or disapproval.

(c)Each contingency plan submitted shall be approved or disapproved within 30 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 30 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).

(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)Each owner or operator of a tank vessel, nontank vessel, vessel carrying oil as a secondary cargo, or facility who is required to file an oil spill response plan or update pursuant to provisions of federal law regulating oil spill response plans shall submit, for informational purposes only and upon request of the administrator, a copy of that plan or update to the administrator at the time that it is approved by the relevant federal agency.

§ 8670.32

Amended by Stats. 2018, Ch. 92, Sec. 91. (SB 1289) Effective January 1, 2019.

(a)A spill management team (SMT) may apply to the administrator for a certification of that SMT’s response capabilities. The administrator shall establish criteria for certifying SMTs based on an SMT’s capacity to respond to spills and manage spills effectively pursuant to this section.

(b)Upon receiving a completed application for certification, the administrator shall review the application and certify the SMT based on the SMT’s satisfactory compliance with criteria established by the administrator.

(c)The administrator shall not issue a certification until the applicant SMT’s performance has been observed during an actual spill or exercise in California. The administrator may call an exercise

to test the resources and response capabilities of the SMT before approval of the application.

(d)A certification issued pursuant to this section shall be valid for three years unless suspended or revoked. The administrator shall review the certification of each certified SMT at least once every three years. The administrator shall not renew a certification unless the SMT meets criteria established by the administrator.

(e)(1) The administrator shall periodically require a certified SMT to demonstrate that the SMT can meet the applicable provisions of an oil spill contingency plan in which the SMT is listed. These demonstrations may be achieved through inspections, announced and unannounced exercises, or by any other means. SMT exercises, to the extent practical, should be combined with other relevant exercises.

(2)The administrator may modify, suspend, or revoke an SMT’s certification if the SMT does not satisfactorily complete an exercise or does not have a satisfactory performance at a spill.

(3)The administrator may determine that satisfactory performance at a spill during the three-year certification period may be substituted in lieu of an exercise.

(f)Each certified SMT shall provide reasonable notice to the administrator of each exercise in which the SMT intends to participate, and the administrator may attend the exercise.

(g)The costs incurred by an SMT to comply with this section and the regulations adopted pursuant to this section, including exercises called by the administrator, shall be the responsibility of the SMT. All local, state, and federal

agency costs incurred in conjunction with participation in an exercise shall be borne by each respective agency.

(h)(1) A certification issued pursuant to this section pertains only to the SMT that applied for and received that certification, and the certification is not transferable, assignable, or assumable. A certification does not constitute a possessory interest in real or personal property.

(2)If there is a change in ownership or control of the SMT, the certification of that SMT is null and void and the SMT shall file a new application for a certification pursuant to this section.

within the entity.

(i)The administrator may charge a reasonable fee to process an application for, or renewal of, a certification.

(j)The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall address all of the following:

(1)Criteria for certification of SMTs, including, but not limited to, all of the following:

(A)The geographic regions of the state where the SMT intends to provide spill management services.

(B)The number of people and equipment that the SMT would provide to support managing the response to a spill.

(C)Timeframes for having personnel on

scene.

(2)Criteria for successful completion of SMT objectives at an exercise.

(3)Training.

(4)The process for applying for a certification, and for suspension, revocation, appeal, or other modification of a certification.

§ 8670.33

Amended by Stats. 2014, Ch. 35, Sec. 26. (SB 861) Effective June 20, 2014.

(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 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 waters of the state 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 waters of the state 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 waters of the state 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 waters of the state 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

Amended by Stats. 2014, Ch. 35, Sec. 27. (SB 861) Effective June 20, 2014.

This article shall not apply to any tank vessel, nontank vessel, or vessel carrying oil as a secondary cargo that enters waters of the state because of imminent danger to the lives of crew members or if entering 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 comply 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 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 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 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

Amended by Stats. 2025, Ch. 237, Sec. 3. (SB 839) Effective January 1, 2026.

(a)The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee.

(b)The administrator may offer, to a unified program agency or a federally recognized tribe with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan.

(c)Each oil spill 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 oil spill 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, the National Contingency Plan, and the area contingency plan.

(e)If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the unified program agency or federally recognized tribe that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency or federally recognized tribe shall submit a new or modified

element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications.

(f)The administrator shall review the preparedness of unified program agencies or federally recognized tribes to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government or tribal 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

Amended by Stats. 2014, Ch. 35, Sec. 29. (SB 861) Effective June 20, 2014.

The administrator shall, within five working days after receipt of a contingency plan prepared pursuant to Section 8670.28 or 8670.35, post a notice that the plan is available for review. The administrator shall send a copy of the plan within two working days after receiving a request from the Oil Spill Technical Advisory 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 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 15 days of receipt of the plan.

The administrator shall consider all comments.

§ 8670.37

Amended by Stats. 2014, Ch. 35, Sec. 30. (SB 861) Effective June 20, 2014.

(a)The administrator, with the assistance of the State Lands Commission, the California Coastal Commission, the executive director of the San Francisco Bay Conservation and Development Commission, or other appropriate agency, 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, the executive director of the San Francisco Bay Conservation and Development Commission, or other appropriate agency may be reimbursed for all costs incurred in carrying out the studies under this section from the Oil Spill Prevention and Administration Fund.