reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 18 - Political Activity › Section 8661.

8661. No organization established under the authority of this chapter shall participate in any form of political activity nor shall it be employed directly or indirectly for political purposes.
(Added by Stats. 1970, Ch. 1454.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 19 - Penalties and Severability › Section 8665.

8665. Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.
(Amended by Stats. 1983, Ch. 1092, Sec. 131. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 19 - Penalties and Severability › Section 8666.

8666. If any section, subdivision, subsection, sentence, clause, or phrase in this chapter, or the application thereof to any person or circumstances, is for any reason held invalid, the validity of the remainder of the chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby. The Legislature hereby declares that it would have passed this chapter and each section, subdivision, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subdivisions, subsections, sentences, clauses, or phrases, or the application thereof to any person or circumstance, be held invalid.
(Added by Stats. 1970, Ch. 1454.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 20 - Effect Upon Existing Matters › Section 8668.

8668. (a) Any disaster council previously accredited, the State Civil Defense and Disaster Plan, the State Emergency Resources Management Plan, the State Fire Disaster Plan, the State Law Enforcement Mutual Aid Plan, all previously approved civil defense and disaster plans, all mutual aid agreements, and all other documents and agreements existing as of the effective date of this chapter, shall remain in full force and effect until revised, amended, or revoked in accordance with the provisions of this chapter.
(b) Nothing in this chapter shall be construed to diminish or remove any authority of any city, county, or city and county granted by Section 7 of Article XI of the California Constitution.
(Amended by Stats. 1975, Ch. 678.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 21 - California Firefighter Peer Support and Crisis Referral Services Act › Section 8669.05.

8669.05. This article shall be known, and may be cited, as the California Firefighter Peer Support and Crisis Referral Services Act.
(Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 21 - California Firefighter Peer Support and Crisis Referral Services Act › Section 8669.10.

8669.10. (a) The state or any local or regional public fire agency may establish a Peer Support and Crisis Referral Program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agency’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.
(b) The Peer Support and Crisis Referral Program may provide employee support and referral services for matters such as, but not limited to, any of the following:
(1) Substance use and substance abuse.
(2) Critical incident stress.
(3) Family issues.
(4) Grief support.
(5) Legal issues.
(6) Line of duty deaths.
(7) Serious injury or illness.
(8) Suicide.
(9) Victims of crime.
(10) Workplace issues.
(c) A public fire agency may augment its Peer Support and Crisis Referral Program with program policies that are consistent with this act.
(Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 21 - California Firefighter Peer Support and Crisis Referral Services Act › Section 8669.17.

8669.17. (a) A peer support program for local or regional public fire agencies shall be implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees.
(b) Department of Forestry and Fire Protection peer support program policies that were in effect on July 1, 2019, shall continue as they existed on that date, and any prospective changes to the program policies as they were in effect on that date shall be subject to a meet and confer process regarding those prospective changes with the employee organization representing a majority of the personnel employed by the agency.
(Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 21 - California Firefighter Peer Support and Crisis Referral Services Act › Section 8669.20.

8669.20. (a) In any civil, administrative, or arbitration proceeding, an emergency service personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.
(b) Notwithstanding subdivision (a), a confidential communication described in subdivision (a) may be disclosed only under the following circumstances:
(1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team.
(2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(3) The peer support team member reasonably believes that disclosure is necessary pursuant to an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.
(4) The disclosure is made pursuant to a court order in a civil proceeding.
(5) The emergency service personnel expressly agrees in writing that the confidential communication may be disclosed.
(c) If the communication is disclosed pursuant to paragraph (1), (2), (3), or (4) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing.
(d) The provisions of this section shall apply to the Department of Forestry and Fire Protection peer support program in effect as of July 1, 2019.
(Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 21 - California Firefighter Peer Support and Crisis Referral Services Act › Section 8669.25.

8669.25. (a) Except as otherwise provided in subdivision (b), an emergency service personnel who provides peer support services as a member of a peer support team and has completed a training course described in Section 8669.30 and the state, local, or regional public fire agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.
(b) Subdivision (a) does not apply to an action for medical malpractice.
(c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individual’s relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.
(d) Whenever possible, a person described in subdivision (a) providing peer support services should not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.
(Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 21 - California Firefighter Peer Support and Crisis Referral Services Act › Section 8669.30.

8669.30. (a) In order to be eligible for the confidentiality protections afforded by this article, each peer support team member shall complete an approved training course or courses on peer support that may include, but are not limited to, the peer support services described in subdivision (f) of Section 8669.15.
(b) For local or regional public fire agencies, the training shall be approved by the California Firefighter Joint Apprenticeship Committee.
(c) (1) Training provided by the Department of Forestry and Fire Protection, through the Fire Service Training and Education Program, and utilized and approved by the department shall satisfy the requirements described in subdivision (a).
(2) The department may make any training courses described in paragraph (1) available upon request to any local or regional public fire agency.
(Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 22 - Law Enforcement Peer Support and Crisis Referral Services Program › Section 8669.1.

8669.1. The article shall be known, and may be cited, as the Law Enforcement Peer Support and Crisis Referral Services Program.
(Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 22 - Law Enforcement Peer Support and Crisis Referral Services Program › Section 8669.2.

8669.2. (a) A local or regional law enforcement agency may establish a peer support and crisis referral program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agency’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.
(b) The peer support and crisis referral program may provide employee support and referral services for matters including, but not limited to, the following:
(1) Substance use and substance abuse.
(2) Critical incident stress.
(3) Family issues.
(4) Grief support.
(5) Legal issues.
(6) Line-of-duty deaths.
(7) Serious injury or illness.
(8) Suicide.
(9) Victims of crime.
(10) Workplace issues.
(c) The agency’s hiring authority shall consult with an employee representative organization to develop and implement a program created pursuant to this section.
(Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 22 - Law Enforcement Peer Support and Crisis Referral Services Program › Section 8669.4.

8669.4. (a) A law enforcement personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the law enforcement personnel and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.
(b) Notwithstanding subdivision (a), a confidential communication may be disclosed under the following circumstances:
(1) To refer a law enforcement personnel to receive crisis referral services by a peer support team member.
(2) During a consultation between two peer support team members.
(3) If the peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(4)  If the law enforcement personnel expressly agrees in writing that the confidential communication may be disclosed.
(5) In a criminal proceeding.
(6) If otherwise required by law.
(Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 22 - Law Enforcement Peer Support and Crisis Referral Services Program › Section 8669.5.

8669.5. (a) Except as otherwise provided in subdivision (b), a peer support team member who provides peer support services and has completed a training course described in Section 8669.6, and the law enforcement agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.
(b) Subdivision (a) does not apply to an action for medical malpractice.
(c) A peer support team member shall not provide peer support services in any of the following circumstances:
(1) If, when serving in a peer support role, the peer support team member’s relationship with a law enforcement personnel receiving peer support services could be reasonably expected to impair objectivity, competence, or effectiveness in providing peer support, or would otherwise risk exploitation or harm to the law enforcement personnel.
(2) If the peer support team member and the law enforcement personnel receiving peer support services were involved as participants or witnesses to the same traumatic incident.
(3) If the peer support team member and the law enforcement personnel receiving peer support services are both involved in a shared active or ongoing investigation.
(Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 22 - Law Enforcement Peer Support and Crisis Referral Services Program › Section 8669.6.

8669.6. (a) To be eligible for the confidentiality protections afforded by this article, a peer support team member shall complete a training course or courses on peer support approved by the law enforcement agency that may include, but is not limited to, the following:
(1) Precrisis education.
(2) Critical incident stress defusings.
(3) Critical incident stress debriefings.
(4) On-scene support services.
(5) One-on-one support services.
(6) Consultation.
(7) Referral services.
(8) Confidentiality obligations.
(9) The impact of toxic stress on health and well-being.
(10) Grief support.
(11) Substance abuse awareness and approaches.
(12) Active listening skills.
(13) Stress management.
(14) Psychological first aid.
(b) Notwithstanding any other law, a law enforcement agency may deny or rescind an employee’s participation as a peer support team member consistent with agency policy.
(Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7 - California Emergency Services Act › ARTICLE 22 - Law Enforcement Peer Support and Crisis Referral Services Program › Section 8669.7.

8669.7. (a) Except as otherwise provided in this section, a law enforcement personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the law enforcement personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding.
(b) Notwithstanding subdivision (a), a crisis hotline or crisis referral service may disclose confidential information communicated by a law enforcement personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.
(c) This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.
(Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 1 - General Provisions › Section 8670.1.

8670.1. This chapter, Article 3.5 (commencing with Section 8574.1) of Chapter 7 of the Government Code, and Division 7.8 (commencing with Section 8750) of the Public Resources Code shall be known, and may be cited as, the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act.
(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 1 - General Provisions › Section 8670.4.

8670.4. There shall be an administrator for oil spill response. The administrator shall be a chief deputy director of the Department of Fish and Game. The administrator shall be appointed by the Governor and shall serve at the pleasure of the Governor. The appointment by the Governor shall be subject to the advice and consent of the Senate. The compensation of the administrator shall be fixed by the Governor pursuant to law.
(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 1 - General Provisions › Section 8670.5.

8670.5. The Governor shall ensure that the state fully and adequately responds to all oil spills in waters of the state. The administrator, acting at the direction of the Governor, shall implement activities relating to oil spill response, including drills and preparedness and oil spill containment and cleanup. The administrator shall also represent the state in any coordinated response efforts with the federal government.
(Amended by Stats. 2014, Ch. 35, Sec. 7. (SB 861) Effective June 20, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 1 - General Provisions › Section 8670.5.5.

8670.5.5. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Added by renumbering Section 8670.95 by Stats. 2016, Ch. 86, Sec. 157. (SB 1171) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.6.

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.
(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.7.5.

8670.7.5. (a) The administrator may adopt regulations to implement this chapter pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3).
(b) (1) An emergency regulation adopted pursuant to amendments made to this chapter by Senate Bill 861 of the 2013–14 Regular Session shall be deemed an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for the purposes of Sections 11346.1 and 11349.6, and the administrator is hereby exempt from the requirement that he or she describe facts showing the need for immediate action and from review by the Office of Administrative Law.
(2) Notwithstanding Section 11346.1, an emergency regulation adopted pursuant to paragraph (1) shall remain in effect for 12 months or until readopted by the administrator, whichever is earlier.
(Added by Stats. 2014, Ch. 35, Sec. 9. (SB 861) Effective June 20, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.8.

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 may 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 waters of the state.
(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 Occupational Safety and Health Standards Board.
(Amended by Stats. 2014, Ch. 35, Sec. 10. (SB 861) Effective June 20, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.8.3.

8670.8.3. The administrator may offer grants to a local government, Native American tribe, or other public entity with jurisdiction over or directly adjacent to waters of the state to provide oil spill response equipment to be deployed by a local spill response manager certified pursuant to Section 8670.8. The administrator may 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.
(Amended by Stats. 2019, Ch. 84, Sec. 1. (AB 255) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.8.5.

8670.8.5. The administrator may use volunteer workers in response, containment, restoration, wildlife rehabilitation, and cleanup efforts for oil spills in waters of the state. 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.
(Amended by Stats. 2014, Ch. 35, Sec. 12. (SB 861) Effective June 20, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.9.

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 vessels and at facilities.
(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.
(Amended by Stats. 2014, Ch. 35, Sec. 13. (SB 861) Effective June 20, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.10.

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.
(Amended by Stats. 2008, Ch. 566, Sec. 1. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.11.

8670.11. In addition to Section 8670.10, the administrator, in cooperation with the United States Coast Guard, shall establish a schedule of drills and exercises required pursuant to Section 155.4052 of Title 33 of the Code of Federal Regulations. The administrator shall make publicly available the established schedule.
(Added by Stats. 2015, Ch. 609, Sec. 1. (SB 414) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.12.1.

8670.12.1. On or before January 1, 2022, the administrator shall hold a technology workshop that shall include the topic of technology for addressing nonfloating oil spills. The administrator shall consider information gained from technology workshops, as well as available scientific and technical literature concerning nonfloating oil spill response technology, in determining best achievable protection and in fulfilling the administrator’s duties under paragraph (2) of subdivision (b) of Section 8670.30.
(Added by Stats. 2019, Ch. 770, Sec. 4. (AB 936) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.13.

8670.13. (a) The administrator shall periodically evaluate the feasibility of requiring new technologies to aid in prevention, response, containment, cleanup, and wildlife rehabilitation.
(b) (1) On or before January 1, 2017, the administrator shall submit a report to the Legislature, pursuant to Section 9795, assessing the best achievable technology of equipment for oil spill prevention, preparedness, and response.
(2) The report shall evaluate studies of estimated recovery system potential as a methodology for rating equipment in comparison to effective daily recovery capacity.
(3) Pursuant to Section 10231.5, this subdivision is inoperative on July 1, 2020.
(c) (1) Considering, among other things, the report prepared pursuant to subdivision (b), the administrator shall update regulations governing the adequacy of oil spill contingency plans for best achievable technologies for oil spill prevention and response no later than July 1, 2018.
(2) The updated regulations shall enhance the capabilities for prevention, response, containment, cleanup, and wildlife rehabilitation.
(d) (1) The administrator shall direct the Harbor Safety Committees, established pursuant to Section 8670.23, to assess the presence and capability of tugs within their respective geographic areas of responsibility to provide emergency towing of tank vessels and nontank vessels to arrest their drift or otherwise guide emergency transit.
(2) The assessments for harbors in the San Francisco Bay area and in the Los Angeles-Long Beach area shall be initiated by May 1, 2016. The assessments for the other harbors shall be initiated by January 1, 2020.
(3) The assessment shall consider, among other things, data from available United States Coast Guard Vessel Traffic Systems, relevant incident and accident data, any relevant simulation models, and identification of any transit areas where risks are higher.
(4) The assessment shall consider the condition of tank and nontank vessels calling on harbors, including the United States Coast Guard’s marine inspection program and port state control program regarding risks due to a vessel’s hull or engineering material deficiencies, or inadequate crew training and professionalism.
(Amended by Stats. 2016, Ch. 86, Sec. 154. (SB 1171) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.13.1.

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.
(Amended by Stats. 1996, Ch. 390, Sec. 1. Effective August 19, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.13.2.

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.
(Amended by Stats. 2004, Ch. 796, Sec. 13. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.13.3.

8670.13.3. If dispersants are used in response to an oil spill in state waters, the administrator shall provide written notification of their use to the Legislature within three days of the use. The administrator shall provide the Legislature with written justification of that use, including copies of key supporting documentation used by the federal on-scene coordinator and the federal Regional Response Team as soon as those materials are released. Within two months of the use of dispersants in state waters, the administrator shall also provide a report to the Legislature on the effectiveness of the dispersants used, including, but not limited to, results of any available monitoring data to determine whether the dispersant use resulted in overall environmental benefit or harm. The written notification, justification, and report shall be submitted pursuant to Section 9795.
(Amended by Stats. 2016, Ch. 86, Sec. 155. (SB 1171) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 2 - Duties of the Administrator › Section 8670.14.

8670.14. The administrator shall coordinate the oil spill prevention and response programs and facility, tank vessel, and nontank vessel safety standards of the state with federal programs as appropriate and to the maximum extent possible.
(Amended by Stats. 2014, Ch. 35, Sec. 15. (SB 861) Effective June 20, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 3 - Marine Safety › Section 8670.16.

8670.16. The administrator shall take any action necessary and appropriate to promote the adoption of statutes or regulations by the federal government that establish all of the following requirements:
(a) Each tank ship using ports in the state shall have alarms on the bridge that give warning any time an attempt is made to control the tank ship manually while the autopilot is engaged, whether the attempt is successful or not, or any time the autopilot fails.
(b) Each tank ship using ports in the state shall have in good working order, all of the following:
(1) Two “VHF” bridge-to-bridge radiotelephones.
(2) One single-side band radiotelephone.
(3) One satellite communication device.
(4) Two collision avoidance radar devices, at least one of which has automatic collision avoidance (ARPA) capability.
(c) Each tank ship and tank barge shall use only shipping lanes designed to significantly reduce the likelihood of oil spills reaching sensitive environmental areas, including, but not limited to, the Channel Islands, Big Sur, the Farallon Islands, and the North Coast.
(Amended by Stats. 2001, Ch. 748, Sec. 8. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 3 - Marine Safety › Section 8670.17.

8670.17. (a) The administrator shall adopt regulations regarding the equipment, personnel, and operation of vessels to and from marine terminals that are used to transfer oil.
(b) The regulations shall be adopted, and thereafter periodically revised, to ensure the best achievable protection of the public health and safety and the environment.
(c) The regulations adopted pursuant to this section shall include, but not be limited to, both of the following:
(1) A requirement that the vessel has functional equipment that is compatible with any vessel traffic advisory control system that may be established along the California coast.
(2) A requirement that the vessel, while in marine waters, has at all times at least one person on the bridge who is able to communicate fluently and effectively both in English and in the language of the master of the vessel.
(Amended by Stats. 2001, Ch. 748, Sec. 9. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 3 - Marine Safety › Section 8670.17.1.

8670.17.1. The administrator may, for purposes of efficiency, safety, or implementation consistency, provide for services to vessels, ports, and port users which are necessary to achieve requirements mandated pursuant to this article. The administrator may establish or authorize reimbursement for those services which do not exceed the reasonable costs incurred in implementing and administering the service.
(Added by Stats. 1993, Ch. 1190, Sec. 1. Effective October 11, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 3 - Marine Safety › Section 8670.17.2.

8670.17.2. (a) The administrator shall adopt regulations governing tugboat escorts for tank ships and tank barges entering, leaving, or navigating in the harbors of the state. The regulations shall be adopted, and thereafter periodically revised, to ensure the best achievable protection of the public health and safety and the environment.
(b) The regulations adopted pursuant to subdivision (a) shall include, but not be limited to, a determination of the circumstances under which tank ships and tank barges are required to be accompanied by a tugboat or tugboats of sufficient size, horsepower, and pull capability while entering, leaving, or navigating in the harbors of the state. In making that determination, the administrator shall be guided by the recommendations of the harbor safety committees established pursuant to Section 8670.23.
(c) The administrator may adopt regulations that differ from the recommendations of the harbor safety committees only after a public hearing. If the administrator proposes to adopt regulations that require the use of tugboat escorts in fewer instances in the harbors of San Francisco, San Pablo, and Suisun Bays than that which is recommended by the Harbor Safety Committee for San Francisco, San Pablo, and Suisun Bays, the administrator shall, in a public hearing, adopt findings, based on substantial evidence, that the proposed regulations provide adequate protection and are consistent with the purposes of this chapter.
(d) A public hearing held in accordance with Section 11346.8 shall satisfy the public hearing requirement of subdivision (c).
(e) The Legislature hereby finds and declares that the appropriate use of tugboat escorts can improve vessel safety, particularly in the harbors of San Francisco, San Pablo, and Suisun Bays, and that the regulations concerning tugboat escorts in those harbors shall be adopted as quickly as practicable and may be adopted before the adoption of all other regulations required by this section.
(Amended by Stats. 2001, Ch. 748, Sec. 10. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 7.4 - Oil Spill Response and Contingency Planning › ARTICLE 3 - Marine Safety › Section 8670.18.

8670.18. (a) The administrator may inspect or cause to be inspected on a regular basis all vessels.
(b) The administrator shall evaluate and periodically review the adequacy of the vessel inspection programs conducted by the Coast Guard and any other federal, state, or local agency. The evaluation shall consider all of the following:
(1) The frequency and scope of inspections.
(2) The continuing commitment of the Coast Guard to conduct frequent vessel inspections.
(3) Any new or pending federal legislation that is likely to change the Coast Guard’s inspection programs.
(4) Whether it is desirable for the state to contract with the Coast Guard for more frequent or expanded vessel inspections.
(5) Whether it is desirable and practical for the state to develop and implement a state vessel inspection program.
(c) If the administrator determines in the report that the Coast Guard inspection program is inadequate, the administrator shall attempt to enter into an agreement with the Coast Guard to remedy the deficiencies.
(d) If, within a reasonable time, the administrator cannot remedy deficiencies in the Coast Guard inspection programs, the administrator shall report to the Legislature concerning the steps the administrator is taking to ensure that an adequate vessel inspection program is in place. The administrator shall adopt regulations for any vessel inspection program established pursuant to this section. Vessel inspections authorized pursuant to this section shall be conducted only for the purposes of determining compliance with relevant federal law and the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, as defined in Section 8670.1. The administrator shall consult with the Coast Guard regarding state-mandated requirements for vessel inspections.
(e) Any state vessel inspection program established pursuant to this section shall not duplicate the activities of the Coast Guard or other authorized federal agencies. The administrator shall maintain a record of these activities for each vessel inspected. Any violation of Coast Guard regulations shall immediately be reported to the Coast Guard.
(Amended by Stats. 2004, Ch. 796, Sec. 15. Effective January 1, 2005.)