Article 8. Oil Spill Technical Advisory Committee of California Government Code >> Division 1. >> Title 2. >> Chapter 7.4. >> Article 8.
(a) The Oil Spill Technical Advisory Committee, hereafter
in this article, the committee, is hereby established to provide
public input and independent judgment of the actions of the
administrator. The committee shall consist of 14 members, of whom
eight shall be appointed by the Governor, three by the Speaker of the
Assembly, and three by the Senate Rules Committee. The appointments
shall be made in the following manner:
(1) The Speaker of the Assembly and Senate Committee on Rules
shall each appoint a member who shall be a representative of the
public.
(2) The Governor shall appoint a member who has a demonstrable
knowledge of marine transportation.
(3) The Speaker of the Assembly and the Senate Committee on Rules
shall each appoint two members who have demonstrable knowledge of
environmental protection and the study of ecosystems.
(4) The Governor shall appoint a member who has served as a local
government elected official or who has worked for a local government.
(5) The Governor shall appoint a member who has experience in oil
spill response and prevention programs.
(6) The Governor shall appoint a member who has been employed in
the petroleum industry.
(7) The Governor shall appoint a member who has worked in state
government.
(8) The Governor shall appoint a member who has demonstrable
knowledge of the dry cargo vessel industry.
(9) The Governor shall appoint a member who has demonstrable
knowledge of the railroad industry.
(10) The Governor shall appoint a member who has demonstrable
knowledge of the oil production industry.
(b) The committee shall meet as often as required, but at least
twice per year. Members shall be paid one hundred dollars ($100) per
day for each meeting and all necessary travel expenses at state per
diem rates.
(c) The administrator and any personnel the administrator
determines to be appropriate shall serve as staff to the committee.
(d) A chair and vice chair shall be elected by a majority vote of
the committee.
(a) The committee shall provide recommendations to the
administrator, the State Lands Commission, the California Coastal
Commission, the San Francisco Bay Conservation and Development
Commission, the Division of Oil, Gas, and Geothermal Resources, the
Office of the State Fire Marshal, and the Public Utilities
Commission, on any provision of this chapter, including the
promulgation of all rules, regulations, guidelines, and policies.
(b) The committee may study, comment on, or evaluate, at its own
discretion, any aspect of oil spill prevention and response in the
state. To the greatest extent possible, these studies shall be
coordinated with studies being done by the federal government, the
administrator, the State Lands Commission, the State Water Resources
Control Board, and other appropriate state and international
entities. Duplication with the efforts of other entities shall be
minimized.
(c) The committee may attend any drills called pursuant to Section
8670.10 or any oil spills, if practicable.
(d) The committee shall report biennially to the Governor and the
Legislature on its evaluation of oil spill response and preparedness
programs within the state and may prepare and send any additional
reports it determines to be appropriate to the Governor and the
Legislature.
(a) The committee shall convene a taskforce, including
appropriate state and federal governmental representatives,
nongovernmental organizations, oil spill response organizations, and
commercial fishing and other potential vessels of opportunity, to
evaluate and make recommendations regarding the feasibility of using
vessels of opportunity for oil spill response in marine waters. The
evaluation shall examine the following:
(1) Appropriate functions of vessels of opportunity during an oil
spill.
(2) Appropriate management of a vessels of opportunity spill
response program.
(3) Vessels of opportunity equipment, training, and technology
needs.
(4) Liability and insurance.
(5) Compensation.
(b) As part of the evaluation, the taskforce shall hold two public
meetings, one in southern California and one in northern California,
prior to making final recommendations.
(c) (1) On or before January 1, 2017, the committee shall provide
to the administrator and to the Legislature final recommendations on
whether vessels of opportunity should be included in oil spill
response planning.
(2) The recommendations provided to the Legislature shall be
provided pursuant to Section 9795.
(d) If appropriate, the administrator, by January 1, 2018, shall
update regulations to provide for inclusion of vessels of opportunity
in the oil spill prevention, response, and preparedness program.
The administrator may expend from the Oil Spill Prevention
and Administration Fund any amounts necessary for the purposes of
carrying out this article.
(a) The Legislature hereby finds and declares that
because the administrator must rely on expertise provided by members
of the committee and be guided by their recommendations in making
decisions that relate to the public safety, members of the committee
should be entitled to the same immunity from liability provided other
public employees.
(b) Members of the committee appointed pursuant to this article,
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 committee.