BILL NUMBER: AB 137 CHAPTERED 10/05/05 CHAPTER 521 FILED WITH SECRETARY OF STATE OCTOBER 5, 2005 APPROVED BY GOVERNOR OCTOBER 5, 2005 PASSED THE ASSEMBLY SEPTEMBER 8, 2005 PASSED THE SENATE SEPTEMBER 7, 2005 AMENDED IN SENATE AUGUST 31, 2005 INTRODUCED BY Committee on Budget (Laird (Chair), Arambula, Bermudez, Chan, Coto, De La Torre, Dymally, Evans, Goldberg, Hancock, Montanez, Mullin, Nava, Parra, Pavley, and Wolk) JANUARY 13, 2005 An act to amend Section 6217.8 of the Public Resources Code, relating to public resources. LEGISLATIVE COUNSEL'S DIGEST AB 137, Committee on Budget Public resources. Existing law establishes the Oil Trust Fund (fund) in the State Treasury and appropriates money in the fund to the State Lands Commission for specified costs associated with removal of oil and gas facilities commencing when the City of Long Beach adopts and transmits to the commission an ordinance declaring that certain tidelands oil fields have been abandoned and mitigation for environmental damage can begin. Existing law provides that the total amount deposited in the fund shall not exceed $300,000,000. This bill, instead, would require the City of Long Beach to adopt and transmit to the commission a resolution declaring that specified oil revenue is insufficient to fund those specified costs. The bill would provide that, from the date the balance in the fund totals $300,000,000, all interest earned thereafter shall be transferred to the General Fund. In addition, all money remaining in the fund after completion of specified remediation activities shall be transferred to the General Fund. This bill would require the commission to notify the Controller within 60 calendar days of receiving specified documentation from the city that expenditures from the fund may be made. The bill would also require the commission to submit to the Department of Finance and to the fiscal and appropriate policy committees of the Legislature a copy of the schedule for expenditures for disbursement of moneys from the fund. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6217.8 of the Public Resources Code is amended to read: 6217.8. (a) For purposes of this section, "fund" means the Oil Trust Fund established pursuant to subdivision (b). (b) The Oil Trust Fund is hereby established in the State Treasury, and the moneys in the fund are hereby appropriated to the commission in accordance with this section. (c) (1) On or before March 1, 2006, the City of Long Beach shall pay to the State Lands Commission all money, including both principal and interest, in the abandonment reserve fund that the city created in 1999 and that was the subject of the litigation in State of California ex rel. California State Lands Commission v. City of Long Beach (2005) 125 Cal.App.4th 767. (2) The Controller shall deposit in the fund any funds paid to the commission pursuant to paragraph (1). (3) Except as provided in paragraph (4), on the last day of each month beginning July 31, 2006, the Controller shall transfer to the fund the amount of two million dollars ($2,000,000) or 50 percent of remaining oil revenue, as described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session to the Oil Trust Fund, whichever is less. (4) Beginning July 1, 2005, and ending December 31, 2005, any contributions to the fund shall be suspended, except those funds described in paragraphs (1) and (2). During that period the Controller shall transfer four million dollars ($4,000,000) monthly to the General Fund from oil revenues, as described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session. (5) Beginning January 1, 2006, and ending June 30, 2006, the amount contributed to the fund shall be the amount specified in paragraph (3). During that period the Controller shall also transfer two million dollars ($2,000,000) monthly to the General Fund from oil revenues, as described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session. (d) (1) The total amount deposited in the fund shall not exceed three hundred million dollars ($300,000,000). From the date the balance in the fund totals three hundred million dollars ($300,000,000), all interest earned thereafter shall be transferred to the General Fund. (2) All interest earned on the money in the abandonment reserve fund specified in paragraph (1) of subdivision (c) shall be transferred to the fund. (3) The commission shall expend the money from the fund solely to finance the costs of well abandonment, pipeline removal, facility removal, remediation, and other costs associated with removal of oil and gas facilities from the Long Beach tidelands that are not the responsibility of other parties. (4) All money remaining in the fund after completion of all activities described in subdivision (3) shall be transferred to the General Fund. (e) The moneys deposited in the fund are hereby appropriated to the commission commencing when all of the following conditions are met: (1) The City of Long Beach adopts a resolution declaring that the oil revenue described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session, is insufficient to fund the costs of activities described in paragraph (3) of subdivision (d) of this section. (2) The City of Long Beach transmits to the commission a copy of the resolution and all necessary accompanying documentation, including a plan for expenditures for the activities described in paragraph (3) of subdivision (d). (3) The commission reviews the material provided in paragraph (2) and notifies the Controller within 60 calendar days of receiving the material specified in paragraph (2), that expenditure from the fund may be made so that activities described in paragraph (3) of subdivision (d) can begin. The commission shall provide a schedule for expenditures for disbursement of moneys from the fund to the City of Long Beach. The commission shall submit a copy of the schedule to the Department of Finance and to the fiscal and appropriate policy committees of the Legislature. (f) On or before January 1, 2007, the commission shall report to the Director of Finance and the chairpersons of the appropriate legislative committees on both the following: (1) A forecast of when the tidelands oil fields will be abandoned and require environmental mitigation. (2) An estimate of the likely costs to mitigate the effects of extraction in the tidelands oil fields.