Article
3.9. Regional Railroad and Surface Transportation Accident Preparedness and Immediate Response
8574.30.
For purposes of this article, the following terms have the following meanings:(a) “Board” means the State Board of Equalization.
(b) “Director” means the Director of Emergency Services.
(c) “Fund” means the Regional Railroad and Surface Transportation Accident Preparedness and Immediate Response Fund established pursuant to Section 8574.44.
(d) “Hazardous material” means a material that the United States Department of Transportation has designated as a hazardous material for purposes of transportation in Part 172 of Title 49 of the Code of Federal Regulations.
(e) “Owner” means the person who has the ultimate control over, and the right to use or sell, the hazardous material being shipped. There is a rebuttable presumption that the shipper, consignor, or consignee of the hazardous material is the owner of the hazardous material. This presumption may be overcome by showing that ownership of the hazardous material rests with someone other than the shipper, consignor, or consignee. Evidence to rebut the presumption may include, but is not limited to, documentation, including a bill of lading, shipping document, bill of sale, or other medium, that shows the ownership of the hazardous material rests in a person other than the shipper, consignor, or consignee.
(f) “Person” means an individual, trust, firm, joint stock company, business entity, corporation, including, but not limited to, a government corporation, partnership, limited liability
company, and association. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, and the federal government and its agencies and instrumentalities, to the extent permitted by law.
(g) “Railroad” has the same meaning as defined in Section 229 of the Public Utilities Code.
(h) “Rail car” means a railroad car or rolling stock designed to transport hazardous material commodities, and includes, but is not limited to, those railroad cars subject to the requirements of Part 179 (commencing with Section 179.1) of Title 49 of the Code of Federal Regulations, or successor regulations adopted by the United States Department of Transportation.
(i) “Surface transportation” means any mode of transportation that utilizes the public
streets, highways, and roads. “Surface transportation” does not include pipelines subject to the fee assessed pursuant to Section 51019 of the Government Code or any natural gas pipeline.
8574.32.
(a) The director shall establish a schedule of fees to determine the amount of a fee that shall be paid by each person owning hazardous materials that are transported by rail or surface transportation in California in an amount sufficient to fund the appropriation from the fund pursuant to Section 8574.44, to reimburse the California High-Cost Fund-B Administrative Committee Fund for any moneys loaned, and to maintain a reserve for operating costs. The fee shall be based on each loaded rail car or truck as described in subdivision (b).(b) (1) Within six months of the director establishing a schedule of fees pursuant to subdivision (a), the fee shall be imposed on a person owning hazardous material at the time that
hazardous material is transported by loaded rail car or truck. The fee is based on each loaded rail car or truck.
(A) If the loaded rail car or truck enters the state from outside this state, the fee is imposed on the owner of the hazardous material at the time the loaded rail car or truck enters this state. The railroad or owner of the truck shall collect the fee from the owner of the hazardous material and shall pay the fee to the board. The director may authorize the railroad or owner of a truck to collect a reasonable amount to cover the processing and payment of fees made pursuant to this article from the owner of hazardous materials being transported.
(B) If the rail car or truck is loaded within this state, the fee is imposed upon the loading of hazardous material into or onto the rail car or truck for transport in or through this state. The railroad or owner of the truck
shall collect the fee from the owner of the hazardous material at the time the rail car or truck is loaded and shall pay the fee to the board.
(2) The fee shall be paid to the board by the railroad or owner of the truck at the time the return is required to be filed, as specified in Section 8574.38, based on the number of loaded hazardous material rail cars or trucks transported within the state.
(3) Any fee collected from an owner of hazardous materials pursuant to this section that have not been remitted to the board shall be deemed a debt owed to the state by the person required to collect and remit the fee.
(4) The owner of the hazardous material is liable for the fee until it has been paid to the board, except that payment to a railroad or to the owner of a truck registered under this article is sufficient to
relieve the owner of the hazardous material from further liability for the fee.
(5) Any owner of hazardous materials, railroad, or owner of a truck who has paid the fee pursuant to this section shall not be assessed any additional fee under this section for further transporting the same hazardous materials in the same rail cars on a different railroad within the state.
(c) The fee shall be fair, as required by Section 5125(f) of Title 49 of the United States Code and Section 107.202(c) of Title 49 of the Code of Federal Regulations. It is the intent of the Legislature that the fee reflect the proportionate risks to both the public safety and the environment resulting from a release of hazardous materials and the expense of preparing to respond to those risks. The director may establish a separate fee schedule for hazardous materials transported by railroad and a separate fee
schedule for hazardous materials transported by truck. The director may exempt from the fee those shipments of hazardous materials that do not merit inclusion in the state regional railroad and surface transportation accident preparedness and immediate response plan developed pursuant to Section 8574.46 and those shipments of hazardous materials that do not merit additional governmental preparation to respond to their release in the event of a railroad or surface transportation accident.
(d) The fee shall not result in the collection of moneys that exceed the reasonable regulatory costs to the state for the purposes specified in subdivision (e) of Section 8574.44. The director shall set the fee consistent with Section 3 of Article XIII A of the California Constitution.
(e) The director shall be responsible for reporting fee information to the federal
Secretary of Transportation pursuant to Section 5125(f)(2) of Title 49 of the United States Code.
(f) The director may authorize payments of fees through contributions in kind of equipment, materials, or services. The director may authorize payment of fees or a set off of fees for owners or transporters of hazardous materials that contract with the Office of Emergency Services to provide equipment, materials, supplies, or services to be provided in responding to a release of hazardous materials.
8574.34.
Every person who operates a railroad that transports hazardous materials by rail car shall register with the board pursuant to Section 55021 of the Revenue and Taxation Code.8574.36.
The fee imposed pursuant to Section 8574.32 shall be administered and collected by the board in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For purposes of this section, the references in the Fee Collection Procedures Law to “fee” shall include the fee imposed by this article, and references to “feepayer” shall include a person required to pay the fee imposed by this article.8574.38.
The return required to be filed pursuant to Section 55040 of the Revenue and Taxation Code shall be prepared and filed by the person required to register with the board, in the form prescribed by the board, and shall contain that information the board deems necessary or appropriate for the proper administration of this article and the Fee Collection Procedures Law. The return shall be filed on or before the last day of the calendar month following the calendar quarter to which it relates, together with a remittance payable to the board for the fee amount due for that period. Returns shall be authenticated in a form of, or pursuant to, methods as may be prescribed by the board.8574.40.
Notwithstanding the petition for redetermination and claim for refund provisions of the Fee Collection Procedures Law (Article 3 (commencing with Section 55081) of Chapter 3 of, and Article 1 (commencing with Section 55221) of Chapter 5 of, Part 30 of Division 2 of the Revenue and Taxation Code), the board shall not:(a) Accept or consider a petition for redetermination of fees determined under this article if the petition is founded upon the grounds that the rail car or truck content is or is not a hazardous material. The board shall forward to the director any appeal of a determination that is based on the grounds that the rail car or truck content is or is not a hazardous material.
(b) Accept
or consider a claim for refund of fees paid pursuant to this chapter if the claim is founded upon the grounds that the rail car or truck content is or is not a hazardous material. The board shall forward to the director any claim for refund that is based on the grounds that the rail car or truck content is or is not a hazardous material.
8574.42.
(a) The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this article.(b) The board may prescribe, adopt, and enforce any emergency regulations, as necessary, to implement this article. Except as provided in Section 8574.44, any emergency regulation prescribed, adopted, or enforced pursuant to this article shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 in Title 2 and, for purposes of that article, including Section 11349.6, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general
welfare.
8574.44.
(a) The Regional Railroad and Surface Transportation Accident Preparedness and Immediate Response Fund is hereby created in the State Treasury.(b) All revenues, interest, penalties, and other amounts collected pursuant to this article shall be deposited into the fund, less refunds and reimbursement to the board for expenses incurred in the administration and collection of the fee.
(c) The adoption of regulations pursuant to this section shall be considered by the Office of Administrative Law as an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 in Title 2 emergency regulations adopted by the director and the board pursuant to this section shall be filed with, but not repealed by, the Office of Administrative Law and shall remain in effect until revised or repealed by the director.
(d) The fund shall be used to reimburse the California High-Cost Fund-B Administrative Committee Fund for any moneys loaned from the California High-Cost Fund-B Administrative Committee Fund to the fund to pay for the Office of Emergency Service’s administrative costs associated with implementation of the fee pursuant to this article.
(e) All moneys remaining in the fund after reimbursement of the California High-Cost Fund-B Administrative Committee Fund pursuant to subdivision (d) shall, upon appropriation by the Legislature, be used by the director to pay for the following purposes related to the transportation of
hazardous materials:
(1) Planning, developing, and maintaining a capability for large-scale hazardous materials releases emergency response relating to railroad accidents involving rail cars carrying hazardous materials, including the risks of explosions and fires.
(2) Planning, developing, and maintaining a capability for large-scale hazardous materials releases emergency response relating to releases of hazardous materials from rail cars and trucks, including reducing the harmful effects of exposure of those materials to humans and the environment.
(3) Creation, support, maintenance, and implementation of the Regional Railroad and Surface Transportation Accident Preparedness and Immediate Response Force created by Section 8574.46.
(4) Acquisition and
maintenance of specialized equipment and supplies used to respond to a hazardous materials release from a rail car or a railroad accident involving a rail car or a hazardous materials release from a truck accident.
(5) Support of specialized regional training facilities to prepare for and respond to a hazardous materials release from a rail car or a railroad accident involving a rail car.
(6) Creation and support of a regional, state and local emergency response team to provide immediate onsite response capabilities in the event of large-scale releases of hazardous materials from a rail car or a railroad accident involving a rail car or a hazardous materials release from a truck accident.
(7) Support for specialized training for state and local emergency response officials in techniques for prevention of, and
response to, release of hazardous materials from a rail car or a railroad accident involving a rail car or a hazardous materials release from a truck accident.
(8) Support for the Office of Emergency Service’s biennial review performed pursuant to Section 8574.47 and to provide the training, personnel, and equipment necessary to fill the gaps in preparedness identified by the office pursuant to that biennial review.
(f) The amount available for appropriation from the fund shall not exceed ten million dollars ($10,000,000) in any calendar year.
8574.46.
(a) The Regional Railroad and Surface Transportation Accident Preparedness and Immediate Response Force is hereby created in the Office of Emergency Services. The force shall be responsible for providing regional and onsite response capabilities in the event of a release of hazardous materials from a rail car, or a railroad accident involving a rail car or a hazardous materials release from a truck accident, and for implementing the state regional railroad and surface transportation accident preparedness and immediate response plan for releases of hazardous materials from a rail car or a railroad accident involving a rail car or a hazardous materials release from a truck accident. This force shall act cooperatively and in concert with existing local emergency response units pursuant to Article 9.5
(commencing with Section 8607). The force shall consist of representatives of all of the following:(1) Department of Fish and Wildlife.
(2) California Environmental Protection Agency.
(3) State Air Resources Board.
(4) Department of Resources Recycling and Recovery.
(5) California regional water quality control boards.
(6) Department of Toxic Substances Control.
(7) Department of Pesticide Regulation.
(8) Office of Environmental Health Hazard Assessment.
(9) State Department of Public Health.
(10) Department of the California Highway Patrol.
(11) Department of Food and Agriculture.
(12) Department of Forestry and Fire Protection.
(13) Department of Parks and Recreation.
(14) Public Utilities Commission.
(15) State Fire Marshal.
(16) Emergency Medical Services Authority.
(17) California National Guard.
(18) Any other
potentially affected state, local, or federal agency, as determined by the director.
(b) The Office of Emergency Services shall develop a state regional railroad and surface transportation accident preparedness and immediate response plan in cooperation with all of the entities listed in paragraphs (1) to (18), inclusive, of subdivision (a) and the plan shall become an annex to the state emergency plan.
(c) (1) The Legislature finds and declares that the state has a comprehensive program through the Office of Spill Prevention and Response to prevent and prepare for the risk of a significant discharge of petroleum into state waters, including a discharge caused by the transportation of petroleum by rail. The Legislature further finds and declares that the Regional Railroad and Surface Transportation Accident Preparedness and Immediate Response Force is focused
on the emergency response for railroad accidents and rail car discharges and truck accidents and truck discharges involving all designated hazardous materials regardless of where the accident or discharge takes place.
(2) The Regional Railroad and Surface Transportation Accident Preparedness and Immediate Response Force and Office of Spill Prevention and Response shall coordinate in their respective authorities and responsibilities pursuant to Article 9.5 (commencing with Section 8607), to avoid any duplication of effort, ensure cooperation, and promote the sharing of information regarding the risk of discharge of petroleum by rail into state waters.
8574.47.
The Office of Emergency Services shall biennially review the training of all emergency response personnel with responsibilities along rail lines and other surface transportation routes to ascertain the level of readiness to respond to an accident involving hazardous materials. As part of this review, the office shall identify all equipment and response assets available to respond to a spill or discharge of hazardous materials along those routes. This assessment shall include the assets and personnel of all private and public entities that have agreed to respond to a spill of hazardous materials as part of the response team. The Office of Emergency Services shall determine where there are gaps in the ability to respond to spills of hazardous materials in California and specify what is required to continue funding the
training and response teams to close those gaps.