BILL NUMBER: AB 388	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2001

INTRODUCED BY   Assembly Member Strom-Martin

                        FEBRUARY 20, 2001

   An act to amend Section 8670.40 of, and to add Section 8670.41 to,
the Government Code, relating to oil spills, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 388, as amended, Strom-Martin.  Oil spill response.
   The Oil Spill Prevention and Administration Fund is created by
existing law and is available for appropriation by the Legislature
for specified purposes, including to implement, install, and maintain
emergency programs, equipment, and facilities to respond to,
contain, and clean up oil spills and to ensure that those operations
will be carried out as intended.
   This bill would continuously appropriate $125,000  from the
fund  annually for expenditure without regard to fiscal years to
the Office of Oil Spill Prevention and Response to develop and
conduct training of specified staff and other personnel to respond to
toxic spills requiring the rescue of wildlife  , and for
grants to a nonprofit entity to use for the removal, necropsy, study,
and proper disposal of marine mammal carcasses whose death is caused
by a toxic spill  .   The bill also would appropriate
$135,000 from the fund to a nonprofit entity for research into the
effects of toxic substances on marine mammals. 
   The bill would also include those uses in the authorized uses of
the fund.
   Vote:  majority.  Appropriation:  yes.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8670.40 of the Government Code is amended to
read:
   8670.40.  (a) The State Board of Equalization shall collect a fee
in an amount determined by the administrator to be sufficient to
carry out the purposes set forth in subdivision (e), and a reasonable
reserve for contingencies.  The amount of the annual assessment
shall not exceed four cents ($0.04) per barrel of crude oil or
petroleum products.
   (b) (1) The oil spill prevention and administration fee shall be
imposed upon every person owning crude oil at the time that the crude
oil is received at a marine terminal from within or outside the
state, and upon every person owning petroleum products at the time
that those petroleum products are received at a marine terminal from
outside this state.  The fee shall be collected by the marine
terminal operator from the owner of the crude oil or petroleum
products based on each barrel of crude oil or petroleum products so
received by means of a vessel operating in, through, or across the
marine waters of the state.  In addition, every operator of a
pipeline shall pay the oil spill prevention and administration fee
for each barrel of crude oil originating from a production facility
in marine waters and transported in the state by means of a pipeline
operating across, under, or through the marine waters of the state.
The fees shall be remitted to the board by the terminal or pipeline
operator on the 25th day of the month based upon the number of
barrels of crude oil or petroleum products received at a marine
terminal or transported by pipeline during the preceding month.  No
fee shall be imposed pursuant to this section with respect to any
crude oil or petroleum products if the person who would be liable for
that fee, or responsible for its collection, establishes that the
fee has been collected by a terminal operator registered under this
chapter or paid to the board with respect to the crude oil or
petroleum product.
   (2) Every owner of crude oil or petroleum products is liable for
the fee until it has been paid to the board, except that payment to a
marine terminal operator registered under this chapter is sufficient
to relieve the owner from further liability for the fee.
   (3) On or before January 15, the administrator shall annually
prepare a plan that projects revenues and expenses over three fiscal
years, including the current year.  Based on the plan, the
administrator shall set the fee so that projected revenues, including
any interest, are equivalent to expenses as reflected in the current
Budget Act and in the proposed budget submitted by the Governor.  In
setting the fee, the administrator may allow for a surplus if the
administrator finds that revenues will be exhausted during the period
covered by the plan or that the surplus is necessary to cover
possible contingencies.
   (c) The moneys collected pursuant to subdivision (a) shall be
deposited into the fund.
   (d) The board shall collect the fee and adopt regulations for
implementing the fee collection program.
   (e) The fee described in this section shall be collected solely
for all of the following purposes:
   (1) To implement oil spill prevention programs through rules,
regulations, leasing policies, guidelines, and inspections and to
implement research into prevention and control technology.
   (2) To carry out studies which may lead to improved oil spill
prevention and response.
   (3) To finance environmental and economic studies relating to the
effects of oil spills.
   (4) To reimburse the member agencies of the State Interagency Oil
Spill Committee for costs arising from implementation of this
chapter, Article 3.5 (commencing with Section 8574.1) of Chapter 7,
and Division 7.8 (commencing with Section 8750) of the Public
Resources Code.
   (5) To implement, install, and maintain emergency programs,
equipment, and facilities to respond to, contain, and clean up oil
spills and to ensure that those operations will be carried out as
intended, including the actions described in Section 8670.41.
   (6) To respond to an imminent threat of a spill in accordance with
the provisions of Section 8670.62 pertaining to threatened
discharges.  The cumulative amount of any expenditure for this
purpose shall not exceed the amount of one hundred thousand dollars
($100,000) in any fiscal year unless the administrator receives the
approval of the Director of Finance and notification is given to the
Joint Legislative Budget Committee.  Commencing with the 1993-94
fiscal year, and each fiscal year thereafter, it is the intent of the
Legislature that the annual Budget Act contain an appropriation of
one hundred thousand dollars ($100,000) from the fund for the purpose
of allowing the administrator to respond to threatened oil spills.
   (7) To reimburse the board for costs incurred to implement this
chapter and to carry out the provisions of Part 24 (commencing with
Section 46001) of Division 2 of the Revenue and Taxation Code.
   (f) The moneys deposited in the fund shall not be used for
responding to an oil spill.
  SEC. 2.  Section 8670.41 is added to the Government Code, to read:

   8670.41.   (a)   Notwithstanding  
Notwithstanding  subdivision (a) of Section 8670.38 and Section
13340 of the Government Code, the sum of one hundred twenty-five
thousand dollars ($125,000) is hereby continuously appropriated
annually for expenditure without regard to fiscal years from the fund
to the Office of Oil Spill Prevention and Response  (1)
 to develop and conduct training of the office staff and
appropriate nonprofit entity personnel to respond to toxic spills
requiring the rescue of wildlife  , and (2) for 
 grants to the nonprofit Marine Mammal Center to use for the
removal, necropsy, study, and proper disposal of marine mammal
carcasses whose death is caused by a toxic spill.   .
 
   (b) The sum of one hundred thirty-five thousand dollars ($135,000)
is hereby appropriated from the fund to the nonprofit Marine Mammal
Center for research into the effects of toxic substances on marine
mammals.