On September 25, 2014, California Governor Jerry Brown signed legislation that will provide California’s emergency responders with more information about trains carrying crude oil and require railroad companies to provide more information about potentially hazardous cargo to the state’s Office of Emergency Services (“OES”).  In summary, Assembly Bill 380 requires:

  • a rail carrier to prospectively estimate and submit to OES notification of the weekly movements of trains through a county, as specified and to update that notification once every 6 months;
  • a rail carrier to update and notify OES within 30 days of the rail carrier determining that there will be a material change in the estimated volume of Bakken oil, as defined, plus or minus 25% per week relative to the most recent estimate previously submitted OES;
  • each rail carrier to maintain a response management communications center, as specified;
  • OES to disseminate information necessary for developing emergency response plans from the reports it receives pursuant to this act to each unified program agency, as defined, when OES determines a unified program agency area of responsibility may be impacted by a hazardous material or oil cargo spill;
  • each rail carrier to provide OES with a summary of the rail carrier’s hazardous materials emergency response plan, as specified;
  • OES to provide a copy of each summary report of a rail carrier’s hazardous materials emergency response plan to each unified program agency when OES determines a unified program agency area of responsibility may be impacted by a rail carrier spill of hazardous material or oil cargo, as specified; and,
  • prohibits a recipient of the reports and hazardous materials emergency response plan from divulging or making known that information to unauthorized recipients, as specified.

 

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Photo of Mike Mills Mike Mills

Mike Mills is a partner and chair of the firm’s Oil & Gas, Pipelines and Mining Industry Team.  Oil & gas, as well as mining companies, look to Mike to skillfully advise them on natural resources development issues, counsel them on federal and…

Mike Mills is a partner and chair of the firm’s Oil & Gas, Pipelines and Mining Industry Team.  Oil & gas, as well as mining companies, look to Mike to skillfully advise them on natural resources development issues, counsel them on federal and state hazardous waste cleanup matters, and help them successfully navigate property tax valuation disputes.

When necessary to protect his clients’ interests, Mike relies on his understanding of complex regulatory matters and his clients’ businesses to defend them in environmental litigation, defeat citizen suit claims, and reduce or eliminate fines and penalties. He has been listed in Northern California Super Lawyer® since 2013 in Environmental Law and Energy & Natural Resources.

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Photo of Kimberly Hellwig Kimberly Hellwig

Kimberly Hellwig is an energy and environmental policies specialist with the firm’s Energy Development group and also supports the firm’s Environment, Land Use & Natural Resources group. Kimberly assists clients with all aspects of energy project development, including siting, environmental review, and permitting…

Kimberly Hellwig is an energy and environmental policies specialist with the firm’s Energy Development group and also supports the firm’s Environment, Land Use & Natural Resources group. Kimberly assists clients with all aspects of energy project development, including siting, environmental review, and permitting, as well as regulatory proceedings.

Click here for Kimberly Hellwig’s full bio.