2009 California Government Code - Section 8670.6-8670.14 :: Article 2. Duties Of The Administrator

8670.6.  (a) The administrator shall ensure that he or she has
available for support, either under direct employment, elsewhere in
state government, or through contract for private or governmental
services, personnel who are fully trained and familiar with oil spill
response, containment, and cleanup technologies, procedures, and
operations, risk evaluation and management, and emergency systems
safety.
   (b) The administrator shall appoint a deputy administrator and an
assistant deputy administrator to whom the administrator may delegate
all or some responsibilities under this article.
   (c) The administrator, consistent with applicable civil service
laws, shall appoint and discharge any officer, house staff counsel,
or employee of the administrator, as determined to be necessary, to
carry out this article.
   (d) The administrator, including staff and the costs of training
and equipping the staff, shall be funded by the Oil Spill Prevention
and Administration Fund created pursuant to Section 8670.38.

8670.7.  (a) The administrator, subject to the Governor, has the
primary authority to direct prevention, removal, abatement, response,
containment, and cleanup efforts with regard to all aspects of any
oil spill in the marine waters of the state, in accordance with any
applicable marine facility or vessel contingency plan and the
California oil spill contingency plan. The administrator shall
cooperate with any federal on-scene coordinator, as specified in the
National Contingency Plan.
   (b) The administrator shall implement the California oil spill
contingency plan, required pursuant to Section 8574.1, to the fullest
extent possible.
   (c) The administrator shall do both of the following:
   (1) Be present at the location of any oil spill of more than
100,000 gallons in marine waters, as soon as possible after notice of
the discharge.
   (2) Ensure that persons trained in oil spill response and cleanup,
whether employed by the responsible party, the state, or another
private or public person or entity, are onsite to respond to,
contain, and clean up any oil spill in marine waters, as soon as
possible after notice of the discharge.
   (d) Throughout the response and cleanup process, the administrator
shall apprise the members of the State Interagency Oil Spill
Committee, the air quality management district or air pollution
control district having jurisdiction over the area in which the oil
spill occurred, and the local government entities that are affected
by the spill.
   (e) The administrator, with the assistance of the State Fire
Marshal, the State Lands Commission, and the federal on-scene
coordinator, shall determine the cause and amount of the discharge.
   (f) The administrator shall have the state authority over the use
of all response methods, including, but not limited to, in situ
burning, dispersants, and any oil spill cleanup agents in connection
with an oil discharge. The administrator shall consult with the
federal onscene coordinator prior to exercising authority under this
subdivision.
   (g) (1) The administrator shall conduct workshops, consistent with
the intent of this chapter, with the participation of appropriate
local, state, and federal agencies, including the State Air Resources
Board, air pollution control districts, and air quality management
districts, and affected private organizations, on the subject of oil
spill response technologies, including in situ burning. The workshops
shall review the latest research and findings regarding the efficacy
and toxicity of oil spill cleanup agents and other technologies,
their potential public health and safety and environmental impacts,
and any other relevant factors concerning their use in oil spill
response. In conducting these workshops, the administrator shall
solicit the views of all participating parties concerning the use of
these technologies, with particular attention to any special
considerations that apply to coastal areas and marine waters of the
state.
   (2) The administrator shall publish guidelines and conduct
periodic reviews of the policies, procedures, and parameters for the
use of in situ burning, which may be implemented in the event of an
oil spill.
   (h) (1) The administrator shall ensure that, as part of the
response to any significant spill, biologists or other personnel are
present and provided any support and funding necessary and
appropriate for the assessment of damages to natural resources and
for the collection of data and other evidence that may help in
determining and recovering damages.
   (2) (A) The administrator shall coordinate all actions required by
state or local agencies to assess injury to, and provide full
mitigation for injury to, or to restore, rehabilitate, or replace,
natural resources, including wildlife, fisheries, wildlife or
fisheries habitat, and beaches and other coastal areas, that are
damaged by an oil spill. For purposes of this subparagraph, "actions
required by state or local agencies" include, but are not limited to,
actions required by state trustees under Section 1006 of the Oil
Pollution Act of 1990 (33 U.S.C. Sec. 2706) and actions required
pursuant to Section 8670.61.5.
   (B) The responsible party shall be liable for all coordination
costs incurred by the administrator.
   (3) Nothing in this subdivision shall be construed to give the
administrator any authority to administer state or local laws or to
limit the authority of another state or local agency to implement and
enforce state or local laws under its jurisdiction, nor does this
subdivision limit the authority or duties of the administrator under
this chapter or limit the authority of an agency to enforce existing
permits or permit conditions.
   (i) (1) The administrator shall enter into a memorandum of
understanding with the executive director of the State Water
Resources Control Board, acting for the State Water Resources Control
Board and the California regional water quality control boards, and
with the approval of the State Water Resources Control Board, to
address discharges, other than dispersants, that are incidental to,
or directly associated with, the response, containment, and cleanup
of an existing or threatened oil spill conducted pursuant to this
chapter.
   (2) The memorandum of understanding entered into pursuant to
paragraph (1) shall address any permits, requirements, or
authorizations that are required for the specified discharges. The
memorandum of understanding shall be consistent with requirements
that protect state water quality and beneficial uses and with any
applicable provisions of the Porter-Cologne Water Quality Control Act
(Division 7 (commencing with Section 13000) of the Water Code) or
the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and shall
expedite efficient oil spill response.

8670.8.  (a) The administrator shall carry out programs to provide
training for individuals in response, containment, and cleanup
operations and equipment, equipment deployment, and the planning and
management of these programs. These programs may include training for
members of the California Conservation Corps, other response
personnel employed by the state, personnel employed by other public
entities, personnel from marine facilities, commercial fishermen and
other mariners, and interested members of the public. Training may be
offered for volunteers.
   (b) The administrator may offer training to anyone who is required
to take part in response and cleanup efforts under the California
oil spill contingency plan or under local government contingency
plans prepared and approved under this chapter.
   (c) Upon request by a local government, the administrator shall
provide a program for training and certification of a local emergency
responder designated as a local spill response manager by a local
government with jurisdiction over or directly adjacent to marine
waters.
   (d) Trained and certified local spill response managers shall
participate in all drills upon request of the administrator.
   (e) As part of the training and certification program, the
administrator shall authorize a local spill response manager to train
and certify volunteers.
   (f) In the event of an oil spill, local spill response managers
trained and certified pursuant to subdivision (c) shall provide the
state onscene coordinator with timely information on activities and
resources deployed by local government in response to the oil spill.
The local spill response manager shall cooperate with the
administrator and respond in a manner consistent with the area
contingency plan to the extent possible.
   (g) Funding for activities undertaken pursuant to subdivisions (a)
to (c), inclusive, shall be from the Oil Spill Prevention and
Administration Fund created pursuant to Section 8670.38.
   (h) All training provided by the administrator shall follow the
requirements of applicable federal and state occupational safety and
health standards adopted by the Occupational Safety and Health
Administration of the Department of Labor and the California
Occupational, Safety, and Health Standards Board.

8670.8.3.  The administrator shall offer grants to a local
government with jurisdiction over or directly adjacent to marine
waters to provide oil spill response equipment to be deployed by a
local spill response manager certified pursuant to Section 8670.8.
The administrator shall request the Legislature to appropriate funds
from the Oil Spill Prevention and Administration Fund created
pursuant to Section 8670.38 for the purposes of this section.

8670.8.5.  The administrator may use volunteer workers in response,
containment, restoration, wildlife rehabilitation, and cleanup
efforts for oil spills in marine waters. The volunteers shall be
deemed employees of the state for the purpose of workers'
compensation under Article 2 (commencing with Section 3350) of
Chapter 2 of Part 1 of Division 4 of the Labor Code. Any payments for
workers' compensation pursuant to this section shall be made from
the Oil Spill Response Trust Fund created pursuant to Section
8670.46.

8670.9.  (a) The administrator shall enter into discussions on
behalf of the state with the States of Alaska, Hawaii, Oregon, and
Washington, for the purpose of developing interstate agreements
regarding oil spill prevention and response. The agreements shall
address, including, but not limited to, all of the following:
   (1) Coordination of vessel safety and traffic.
   (2) Spill prevention equipment and response required on tank ships
and tank barges and at terminals.
   (3) The availability of oil spill response and cleanup equipment
and personnel.
   (4) Other matters that may relate to the transport of oil and oil
spill prevention, response, and cleanup.
   (b) The administrator shall coordinate the development of these
agreements with the Coast Guard, the Province of British Columbia in
Canada, and the Republic of Mexico.

8670.10.  (a) (1) Except as provided in subdivision (b), in
coordination with all appropriate federal, state, and local
government entities, the administrator shall periodically carry out
announced and unannounced drills to test response and cleanup
operations, equipment, contingency plans, and procedures implemented
under this chapter. If practical, the administrator shall coordinate
drills with drills carried out by the State Lands Commission and the
California Coastal Commission to test prevention operations,
equipment, and procedures. In carrying out announced drills, the
administrator shall coordinate with the private entities involved in
the drill. Each state and local entity, each rated OSRO, and each
operator shall cooperate with the administrator in carrying out these
drills.
   (2) The administrator shall establish performance standards that
each operator and rated OSRO shall meet during the drills carried out
pursuant to this subdivision. The standards shall include, but are
not limited to, a standard for the time allowable for adequate
response, and shall also specify conditions for canceling a drill
because of hazardous or other operational circumstances that may
exist. The standards shall specify the protections that the
administrator determines are necessary for any environmentally
sensitive area, as defined by the administrator.
   (3) The costs incurred by an operator to comply with this section
and regulations adopted pursuant to this section are the
responsibility of the operator. All costs incurred by a local, state,
or federal agency in conjunction with participation in a drill
pursuant to this chapter shall be borne by each respective agency.
   (4) After every drill attended by the administrator or his or her
representative, that person shall issue a report that evaluates the
performance of the participants.
   (b) (1) If the administrator, the United States Coast Guard, or
any other qualified public agency, as determined by the
administrator, is unable to attend a drill of an oil spill
contingency plan held outside the state, the administrator may
require the owner or operator to provide for an independent drill
monitor to evaluate the drill consistent with the requirements of
this chapter. The administrator shall adopt regulations to implement
this section on or before January 1, 2010.
   (2) Within 14 days after the date that the drill specified in
paragraph (1) is conducted, the independent drill monitor shall
submit the evaluation specified in paragraph (1) to the administrator
and owner or operator.
   (3) Based on the evaluation submitted pursuant to paragraph (2)
and any other applicable requirements of this chapter, the
administrator shall determine whether the drill conducted pursuant to
this subdivision satisfies the requirements of this chapter.

8670.12.  (a) The administrator shall conduct studies and
evaluations necessary for improving oil spill response, containment,
and cleanup and oil spill wildlife rehabilitation in marine waters
and marine oil transportation systems. The administrator may expend
moneys from the Oil Spill Prevention and Administration Fund created
pursuant to Section 8670.38, enter into consultation agreements, and
acquire necessary equipment and services for the purpose of carrying
out these studies and evaluations.
   (b) The administrator shall study the use and effects of
dispersants, incineration, bioremediation, and any other methods used
to respond to a spill. The study shall periodically be updated to
ensure the best achievable protection from the use of those methods.
Based upon substantial evidence in the record, the administrator may
determine in individual cases that best achievable protection is
provided by establishing requirements which provide the greatest
degree of protection achievable without imposing costs which
significantly outweigh the incremental protection that would
otherwise be provided. The studies shall do all of the following:
   (1) Evaluate the effectiveness of dispersants and other chemical
agents in oil spill response under varying environmental conditions.
   (2) Evaluate potential adverse impacts on the environment and
public health including, but not limited to, adverse toxic impacts on
water quality, fisheries, and wildlife with consideration to
bioaccumulation and synergistic impacts, and the potential for human
exposure, including skin contact and consumption of contaminated
seafood.
   (3) Recommend appropriate uses and limitations on the use of
dispersants and other chemical agents to ensure they are used only in
situations where the administrator determines they are effective and
safe.
   (c) The administrator shall evaluate the feasibility of using
commercial fishermen and other mariners for oil spill containment and
cleanup. The study shall examine the following:
   (1) Equipment and technology needs.
   (2) Coordination with private response personnel.
   (3) Liability and insurance.
   (4) Compensation.
   (d) The studies shall be performed in conjunction with any studies
performed by federal, state, and international entities. The
administrator may enter into contracts for the studies.

8670.13.  The administrator shall periodically evaluate the
feasibility of requiring new technologies to aid prevention,
response, containment, cleanup and wildlife rehabilitation.

8670.13.1.  (a) The administrator shall license all oil spill
cleanup agents, and shall adopt regulations governing the expedited
testing, licensing, and use of oil spill cleanup agents. The
administrator shall utilize toxicity and efficacy tests and other
information from government and private agencies developed for each
specific category of chemical countermeasure in determining the
acceptability of an oil spill cleanup agent for license and use.
   (b) Sorbents and other cleanup devices that do not employ the use
of active chemical cleanup agents, or otherwise determined by the
administrator not to cause aquatic toxicity for purposes of oil spill
response, are not subject to subdivision (a).
   (c) The administrator may charge applicants a fee for the costs of
processing an application for a license for an oil spill cleanup
agent, not to exceed one thousand dollars ($1,000). The administrator
may require renewal of a license every five years, and may charge a
fee for the cost of processing the renewal of the license for an oil
spill cleanup agent, not to exceed one hundred dollars ($100). Only
one license per cleanup agent shall be required statewide.

8670.13.2.  The administrator shall prepare and periodically revise
regulations regarding licensing of oil spill cleanup agents. The
authority of the administrator shall be substituted for the authority
of the State Water Resources Control Board and cross references
shall be corrected. The administrator shall submit these regulations
to the Office of Administrative Law for filing with the Secretary of
State and publication in the California Code of Regulations. These
regulations are exempt from the Administrative Procedure Act. The
regulations shall become effective upon filing.

8670.14.  The administrator shall coordinate the oil spill
prevention and response programs and marine facility, tank vessel,
and nontank vessel safety standards of the state with federal
programs to the maximum extent possible.