SECTIONS 8670.16-8670.24 - California Statutes

GOVERNMENT CODE

SECTION 8670.16-8670.24

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.

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.

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.

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.

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.

8670.19. (a) The administrator shall periodically conduct a
comprehensive review of all oil spill contingency plans. The
administrator shall do both of the following:
(1) Segment the coast into appropriate areas as necessary.
(2) Evaluate the oil spill contingency plans for each area to
determine if deficiencies exist in equipment, personnel, training,
and any other area determined to be necessary, including those
response resources properly authorized for cascading into the area,
to ensure the best achievable protection of the coastline, set forth
in the California oil spill contingency plan, including the marine
oil spill contingency planning section.
(b) If the administrator finds that deficiencies exist, the
administrator shall, by the process set forth in Section 8670.31,
remand any oil spill contingency plans to the originating party with
recommendations for amendments necessary to ensure that the coastline
is protected.

8670.20. (a) For the purposes of this section, "vessel" means a
vessel, as defined in Section 21 of the Harbors and Navigation Code,
of 300 gross registered tons or more.
(b) Any party responsible for a vessel shall notify the Coast
Guard within one hour of a disability if the disabled vessel is
within 12 miles of the shore of this state. The administrator and the
California Emergency Management Agency shall request the Coast Guard
to notify the California Emergency Management Agency as soon as
possible after the Coast Guard receives notice of a disabled vessel
within 12 miles of the shore of this state. The administrator shall
attempt to negotiate an agreement with the Coast Guard governing
procedures for Coast Guard notification to the state regarding
disabled vessels.
(c) Whenever the California Emergency Management Agency receives
notice of a disabled vessel, the office shall immediately notify the
administrator. If the administrator receives notice from any other
source regarding the presence of a disabled vessel within 12 miles of
the shore of this state, the administrator shall immediately notify
the California Emergency Management Agency.
(d) For the purposes of this section, a vessel shall be considered
disabled if any of the following occurs:
(1) Any accidental or intentional grounding that creates a hazard
to the environment or the safety of the vessel.
(2) Loss of main propulsion or primary steering or any component
or control system that causes a reduction in the maneuvering
capabilities of the vessel. For the purposes of this paragraph, "loss"
means that any system, component, part, subsystem, or control system
does not perform the specified or required function.
(3) An occurrence materially and adversely affecting the vessel's
seaworthiness or fitness for service, including, but not limited to,
fire, flooding, or collision with another vessel.
(4) Any occurrence not meeting the above criteria, but that
creates the serious possibility of an oil spill or an occurrence that
may result in an oil spill.
(e) For the purposes of this section, a tank barge shall be
considered disabled if any of the following occur:
(1) The towing mechanism becomes disabled.
(2) The tugboat towing the tank barge becomes disabled through
occurrences specified in subdivision (d).

8670.21. (a) As used in this section, the following terms have the
following meanings:
(1) "Vessels" means vessels as defined in Section 21 of the
Harbors and Navigation Code.
(2) "VTS system" means a vessel traffic service system.
(b) The administrator shall negotiate an agreement with the Coast
Guard, appropriate port agencies, or appropriate organizations, for a
VTS system to protect the harbors of this state. The administrator
may include in the agreement provisions for vessel traffic monitoring
and communications systems for areas of the coast outside of
harbors, or negotiate a separate agreement for that purpose. The
purpose of a VTS system and a vessel traffic monitoring and
communications system shall be to aid navigation by providing
satellite tracking, radar, or other information regarding ship
locations and traffic, to prevent collisions and groundings.
(c) A plan developed by the administrator, in consultation with
the Coast Guard, shall provide for implementing and maintaining VTS
systems pursuant to subdivision (b) for the Ports of Los Angeles and
Long Beach, the Harbors of San Francisco, the Santa Barbara Channel,
and any other area where establishing a VTS system or a vessel
monitoring and communications system is recommended by the Coast
Guard. The plan shall provide for the areas described in this
subdivision, and for any other system and areas that are recommended
by the Coast Guard, or recommended by the administrator and approved
by the Coast Guard. Only systems that will be operated by the Coast
Guard, or that will have direct communication with a Coast Guard
officer who has Captain of the Port enforcement authority, shall be
included in the plan. The plan shall be amended periodically to
reflect any changes in Coast Guard recommendations or operations, and
any changes in the agreements entered into pursuant to subdivision
(b). The plan shall, to the extent allowable given federal
requirements, provide for the best achievable protection.
(d) (1) The administrator shall attempt to provide funding for VTS
systems and vessel monitoring and communications systems through
voluntary funding, or services in kind, provided by the maritime
industry. If agreement on voluntary funding or services in kind
cannot be reached, the administrator may establish a fee system that
reflects the commercial maritime activity of each of the respective
harbors or areas for which a VTS system or a vessel monitoring and
communications system is established. Using that fee system, the
administrator shall fund VTS systems and vessel monitoring and
communications systems.
(2) The money collected pursuant to this subdivision shall be
deposited in the Vessel Safety Account, which is hereby created in
the Oil Spill Prevention and Administration Fund. The money in the
Vessel Safety Account is hereby continuously appropriated for the
sole purpose of funding VTS systems and vessel monitoring and
communications systems. Other than the fees imposed pursuant to this
subdivision that are deposited in the Vessel Safety Account, no funds
from the Oil Spill Prevention and Administration Fund may be used to
pay for VTS systems or vessel traffic monitoring and communications
systems.
(3) The administrator shall adopt regulations to implement this
subdivision. The administrator may adopt regulations prohibiting tank
barges and tank ships from accepting or unloading oil at marine
terminals if a tank barge or tank ship is not in compliance with
required VTS system or vessel traffic monitoring and communications
system equipment.
(e) If a VTS system covers waters outside the jurisdiction of a
local port authority, the administrator may grant the money that is
determined to be necessary for the purchase and installation of
equipment required for the establishment or expansion of the VTS
system. Those grants may be made from the Oil Spill Response Trust
Fund in accordance with Section 8670.49, as individual and
nonrecurring appropriations through the budget process, but shall not
exceed the amount of interest earned from money in that fund.
(f) (1) The Marine Exchange of Los Angeles-Long Beach Harbor,
Inc., a corporation organized under the Nonprofit Mutual Benefit
Corporation Law (Part 3 (commencing with Section 7110) of Division 2
of Title 1 of the Corporations Code), may operate a VTS system in the
VTS area described in Section 445 of the Harbors and Navigation Code
if the VTS system is approved by the Coast Guard and certified by
the administrator as meeting the requirements of this chapter. The
marine exchange shall cooperate fully with the administrator in the
development, implementation, and operation of that VTS system. Upon
certification by the administrator that the Coast Guard has commenced
operation of a fully federally funded VTS system for the VTS area,
the authorization for the marine exchange to operate a VTS system
shall terminate.
(2) The Port of Los Angeles and the Port of Long Beach may impose
fees upon all covered vessels, as defined in Section 445.5 of the
Harbors and Navigation Code, for the funding of the VTS system
operated by the marine exchange.
(3) No vessel that is required to comply with Article 4
(commencing with Section 445) of Chapter 1 of Division 3 of the
Harbors and Navigation Code shall assert any claim against the marine
exchange or any officer, director, employee, or representative of
the marine exchange for any damage, loss, or expense, including any
rights of indemnity or other rights of any kind, sustained by that
vessel or its owners, agents, charterers, operators, crew, or third
parties arising out of, or connected with, directly or indirectly,
the marine exchange's operation of the vessel traffic service, even
though resulting in whole or in part from the negligent acts or
omissions of the marine exchange or of an officer, director,
employee, or representative of the marine exchange.
(4) Each vessel required to comply with Article 4 (commencing with
Section 445) of Chapter 1 of Division 3 of the Harbors and
Navigation Code shall defend, indemnify, and hold harmless the marine
exchange and its officers, directors, employees, and representatives
from any and all claims, suits, or actions of any nature by
whomsoever asserted, even though resulting or alleged to have
resulted from negligent acts or omissions of the marine exchange or
of an officer, director, employee, or representative of the marine
exchange.
(5) Nothing in this subdivision affects any liability or rights
that may arise by reason of the gross negligence or intentional or
willful misconduct of the marine exchange or of an officer, director,
employee, or representative of the marine exchange in the operation
of the VTS system, including any liability pursuant to subdivision
(c) of Section 449.5 of the Harbors and Navigation Code.
(6) The marine exchange and its officers and directors are subject
to Section 5047.5 of the Corporations Code to the extent that the
marine exchange meets the criteria specified in that section.
(7) Nothing in this section shall be deemed to include the marine
exchange or its officers, directors, employees, or representatives
within the definition of "responsible party" pursuant to Section
8670.3 for purposes of this chapter.
(8) Upon request by the administrator, the marine exchange shall
submit a report containing a complete description of the VTS system
operated by the marine exchange. Upon receiving the report, the
administrator shall determine, after a public hearing, whether the
elements and operation of the VTS system are consistent with the
Harbor Safety Plan for the Ports of Los Angeles and Long Beach
developed pursuant to Section 8670.23.1 and the standards for the
statewide vessel traffic service systems plan. If the administrator
determines that the VTS system is inconsistent with the Harbor Safety
Plan for the Ports of Los Angeles and Long Beach developed pursuant
to Section 8670.23.1 or with the statewide vessel traffic service
systems plan, the administrator shall issue an order to the marine
exchange specifying modifications to the VTS system to eliminate the
inconsistencies. If the marine exchange has not complied with that
order within six months of issuance, the administrator may, in
addition to, or in lieu of, any other enforcement action authorized
by this chapter or Article 4 (commencing with Section 445) of Chapter
1 of Division 3 of the Harbors and Navigation Code, and after a
public hearing, administratively revoke the authorization for the
marine exchange to operate a VTS system. If authorization for the
marine exchange to operate a VTS system is revoked, the administrator
shall take any action necessary to expeditiously establish a VTS
system for the VTS area described in Section 445 of the Harbors and
Navigation Code. The action may include the assessment of fees on
vessels, port users, and ports, and needed expenditures, as provided
in subdivision (d).
(g) It is the intent of the Legislature that VTS systems and
vessel traffic monitoring and communications systems be completed and
operated by the Coast Guard, except that, with respect to the VTS
area described in Section 445 of the Harbors and Navigation Code, a
VTS system may be operated by the Marine Exchange of Los Angeles-Long
Beach, Inc., pursuant to subdivision (f).

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

8670.23. (a) The administrator shall establish Harbor Safety
Committees for harbors and adjacent regions of San Diego; Los
Angeles/Long Beach; Port Hueneme; San Francisco; and Humboldt Bay.
(b) The administrator shall determine the geographic area for each
harbor safety committee.
(c) The administrator shall appoint to each harbor safety
committee, for a term of three years, all of the following members,
and their alternates:
(1) A designee of a port authority within the harbor.
(2) A representative of tank ship operators.
(3) A representative of the pilot organizations within the harbor.
(4) A representative of dry cargo vessel operators.
(5) A representative of commercial fishing operators.
(6) A representative of a recognized nonprofit environmental
organization that has as a purpose the protection of marine
resources.
(7) A designee of the California Coastal Commission, except that
for the Harbor Safety Committee for San Francisco Bay, the
administrator shall appoint a designee of the San Francisco Bay
Conservation and Development Commission.
(8) A representative from a recognized labor organization involved
with operations of vessels.
(9) A designee of the Captain of the Port from the United States
Coast Guard, the United States Army Corps of Engineers, the National
Oceanographic and Atmospheric Administration, and the United States
Navy to the extent that each consents to participate on the
committee.
(10) A representative of tug or tank barge operators, who is not
also engaged in the business of operating either tank ships or dry
cargo vessels.
(11) A representative of pleasure boat operators.
(12) A harbor safety committee may petition the administrator with
a request for a new or additional membership position needed to
conduct the harbor safety committee business and that reflects the
makeup of the local maritime community. The approval of this petition
shall be at the sole discretion of the administrator.
(13) A harbor safety committee may petition the administrator for
the elimination of a new or additional membership position requested
and approved pursuant to paragraph (12). The approval of this
petition shall be at the sole discretion of the administrator.
(d) The members appointed from the categories listed in paragraphs
(2), (3), (4), and (10) of subdivision (c) shall have navigational
expertise. An individual is considered to have navigational expertise
if the individual meets any of the following conditions:
(1) Has held or is presently holding a Coast Guard Merchant Marine
Deck Officer's license.
(2) Has held or is presently holding a position on a commercial
vessel that includes navigational responsibilities.
(3) Has held or is presently holding a shoreside position with
direct operational control of vessels.
(4) Has held or is currently holding a position having
responsibilities for permitting or approving the docking of vessels
in and around harbor facilities relating to the safe navigation of
vessels.
(e) The administrator shall appoint a chairperson and vice
chairperson for each harbor safety committee from the membership
specified in subdivision (c). The administrator may withdraw such
appointments at his or her sole discretion.
(f) Upon request of the harbor safety committee, the administrator
may remove a member.
(g) Each member of a harbor safety committee may be reimbursed for
actual and necessary expenses incurred in the performance of
committee duties.

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

8670.23.2. (a) The Legislature hereby finds and declares that
because the administrator must rely on the expertise provided by
volunteer members of the harbor safety committees and be guided by
their recommendations in making decisions that relate to the public
safety, members of the harbor safety committees should be entitled to
the same immunity from liability provided other public employees.
(b) Members of the harbor safety committees appointed pursuant to
Section 8670.23, while performing duties required by this article or
by the administrator, shall be entitled to the same rights and
immunities granted public employees by Article 3 (commencing with
Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1. Those
rights and immunities are deemed to have attached, and shall attach,
as of the date of appointment of the member to the harbor safety
committee.

8670.24. (a) The administrator shall evaluate all pilotage areas in
the state. This evaluation shall include all of the following:
(1) The effectiveness of the state licensing program.
(2) The policies and procedures for investigating pilot incidents
by either the Coast Guard or the State Board of Pilot Commissioners
for the Bays of San Francisco, San Pablo, and Suisun.
(3) The feasibility and desirability of applying a surcharge in
addition to other fees for pilotage for the purposes of providing
expanded pilot training.
(b) The administrator will contact the various pilotage groups,
the Coast Guard, and the maritime industry as part of his or her
evaluation process.