BILL NUMBER: AB 2911 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wolk
(Coauthors: Assembly Members Beall, Hancock, Huffman, Leno,
Lieber, Mullin, Nava, Ruskin, Swanson, and Torrico)
FEBRUARY 22, 2008
An act to amend Sections 8670.37.5, 8670.40, and 8670.48 of the
Government Code, relating to oil spills, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2911, as introduced, Wolk. Oil spill prevention and response:
wildlife contaminations.
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
generally requires the administrator for oil spill response, acting
at the discretion of the Governor, to implement activities relating
to oil spill response, including drills and preparedness, and oil
spill containment and cleanup, and to represent the state in any
coordinated response efforts with the federal government.
Existing law requires the administrator to establish a network of
rescue and rehabilitation stations for sea birds and marine mammals.
This bill would provide that, in addition to rehabilitative care,
the primary focus of the oiled wildlife care network shall include
proactive oiled wildlife search and rescue collection. The bill would
also require the administrator to enhance the state's ability to
prevent the contamination of wildlife and to identify, collect,
rescue, and treat oiled wildlife according to specified requirements,
including training of volunteers, stocking emergency equipment for
rescue, and providing additional staffing.
Existing law imposes the oil spill prevention and administration
fee on persons owning crude oil or petroleum products at a marine
terminal. The fee is deposited into the Oil Spill Prevention and
Administration Fund in the State Treasury. Upon appropriation by the
Legislature, money in the fund is available for specified purposes.
This bill would provide that those moneys shall also be available
to cover costs incurred by the oiled wildlife care network for
training and field collection, and search and rescue activities.
Existing law imposes a uniform oil spill response fee on specified
persons owning petroleum products during any period that the Oil
Spill Response Trust Fund contains less than a designated amount. The
money in the fund is continuously appropriated for specified
purposes. Existing law requires the administrator to submit as a
proposed appropriation in the Governor's Budget, an amount up to $1.5
million of the interest earned on the funds deposited into the Oil
Spill Response Trust Fund, for the purpose of equipping, operating,
and maintaining the network of oiled wildlife rescue and
rehabilitation stations.
This bill would instead require the administrator to submit as a
proposed appropriation an amount up to the total amount of interest
earned on the funds in the Oil Spill Response Trust Fund, thereby
making an appropriation.
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. The Legislature finds and declares all of the
following:
(a) The existing network of rescue and rehabilitation stations
established by the state to care for oiled wildlife in the event of
oil spills, and the professional staff and volunteers who have spent
many hours caring for oiled birds, are to be commended and recognized
for their work and for their success in releasing treated birds back
into the wild.
(b) The resources dedicated by the state to field collection and
search and rescue of oiled birds in past oil spills, including the
November 2007 spill of 58,000 gallons of bunker fuel into San
Francisco Bay, have been inadequate, and the dedication of additional
resources to these efforts will help increase the number of oiled
birds collected from the field and brought in for treatment.
(c) The state should enhance its capacity, including the provision
of pretrained personnel and emergency equipment readily available
for deployment, to do all of the following:
(1) Prevent wildlife from being contaminated by spilled oil.
(2) Collect oiled wildlife for treatment through proactive search
and rescue field collection efforts.
(3) Ensure that appropriate pretraining and equipment is provided
to staff, volunteers, and local agencies that may be enlisted to
assist the state in collecting oiled wildlife in future spills.
(d) The state's capacity to prevent wildlife from being
contaminated by spilled oil, and to rescue and provide rehabilitative
care to oiled wildlife, can be significantly enhanced through an
expanded program for advanced recruitment and pretraining of
volunteers in hazardous materials handling and wildlife collection,
and the provision of emergency field collection equipment in
strategic locations where it can be readily deployed in the case of a
spill. The capacity of the oiled wildlife care network to provide
wildlife care and rehabilitation may be significantly enhanced by a
ready pool of pretrained volunteers, with more highly trained
volunteers performing more complex tasks and convergent volunteers
playing vital support roles.
(e) It is the intent of the Legislature that the Office of Oil
Spill Prevention and Response increase the number of pretrained
individuals available for immediate deployment in the event of an oil
spill to assist in proactive wildlife search and rescue efforts, and
ensure that all wildlife recovery teams are supervised by qualified
personnel with appropriate training and experience in wildlife
handling and search and rescue techniques.
SEC. 2. Section 8670.37.5 of the Government Code is amended to
read:
8670.37.5. (a) The administrator shall establish a network of
rescue and rehabilitation stations for sea birds, sea otters, and
other marine mammals. In addition to rehabilitative care, the
primary focus of the oiled wildlife care network shall include
proactive oiled wildlife search and rescue collection.
These facilities shall be established and maintained in a state
of preparedness to provide the best achievable treatment for marine
mammals and birds affected by an oil spill in marine waters. The
administrator shall consider all feasible management alternatives for
operation of the network.
(b) The first rescue and rehabilitation station established
pursuant to this section shall be located within the sea otter range
on the central coast. The administrator shall establish regional
oiled wildlife rescue and rehabilitation facilities in the Los
Angeles Harbor area, the San Francisco Bay area, the San Diego area,
the Monterey Bay area, the Humboldt County area, and the Santa
Barbara area, and may establish those facilities in other coastal
areas of the state as the administrator determines to be necessary.
One or more of the oiled wildlife rescue and rehabilitation stations
shall be open to the public for educational purposes and shall be
available for marine wildlife health research. Wherever possible in
the establishment of these facilities, the administrator shall
improve existing authorized marine mammal rehabilitation facilities
and may expand or take advantage of existing educational or
scientific programs and institutions for oiled wildlife
rehabilitation purposes. Expenditures shall be reviewed by the
agencies and organizations specified in subdivision (c).
(c) The administrator shall consult with the United States Fish
and Wildlife Service, the National Marine Fisheries Service, the
California Coastal Commission, the Executive Director of the San
Francisco Bay Conservation and Development Commission, the Marine
Mammal Center, and the International Bird Rescue Center in the
design, planning, construction, and operation of the rescue and
rehabilitation stations. All proposals for the rescue and
rehabilitation stations shall be presented before a public hearing
prior to the construction and operation of any rehabilitation
station, and, upon completion of the coastal protection element of
the California oil spill contingency plan, shall be consistent with
the coastal protection element.
(d) The administrator may enter into agreements with nonprofit
organizations to establish and equip wildlife rescue and
rehabilitation stations and to ensure that they are operated in a
professional manner in keeping with the pertinent guidance documents
issued by the Office of Oil Spill Prevention and Response in the
Department of Fish and Game. The implementation of the agreement
shall not constitute a California public works project. The agreement
shall be deemed a contract for wildlife rehabilitation as authorized
by Section 8670.61.5.
(e) In the event of a spill, the responsible party may request
that the administrator perform the rescue and rehabilitation of oiled
wildlife required of the responsible party pursuant to this chapter
if the responsible party and the administrator enter into an
agreement for the reimbursement of the administrator's costs incurred
in taking the requested action. If the administrator performs the
rescue and rehabilitation of oiled wildlife, the administrator shall
primarily utilize the network of rescue and rehabilitation stations
established pursuant to subdivision (a), unless more immediate care
is required. Any of those activities conducted pursuant to this
section or Section 8670.56.5 or 8670.61.5 shall be performed under
the direction of the administrator. Nothing in this
This subdivision shall be construed as
removing does not remove the responsible party
from liability for the costs of, nor the responsibility for, the
rescue and rehabilitation of oiled wildlife, as established by this
chapter. Nothing in this This
subdivision shall be construed as prohibiting
does not prohibit an owner or operator from retaining, in a
contingency plan prepared pursuant to this article, wildlife rescue
and rehabilitation services different from the rescue and
rehabilitation stations established pursuant to this section.
(f) (1) The administrator shall appoint a rescue and
rehabilitation advisory board to advise the administrator regarding
operation of the network of rescue and rehabilitation stations
established pursuant to subdivision (a), including the economic
operation and maintenance of the network. For the purpose of
assisting the administrator in determining what constitutes the best
achievable treatment for oiled wildlife, the advisory board shall
provide recommendations to the administrator on the care achieved by
current standard treatment methods, new or alternative treatment
methods, the costs of treatment methods, and any other information
which that the advisory board believes
that the administrator might find useful in making that
determination. The administrator shall consult the advisory board in
preparing the administrator's submission to the Legislature pursuant
to subparagraph (A) of paragraph (2) of subdivision () of Section
8670.48. The administrator shall present the recommendations of the
advisory board to the Oil Spill Technical Advisory Committee created
pursuant to Article 8 (commencing with Section 8670.54), upon the
request of the committee.
(2) The advisory board shall consist of a balance between
representatives of the oil industry, wildlife rehabilitation
organizations, and academia. One academic representative shall be
from a veterinary school within this state. The United States Fish
and Wildlife Service and the National Marine Fisheries Service shall
be requested to participate as ex-officio ex
officio members.
(3) (A) The Legislature hereby finds and declares that since the
administrator may rely on the expertise provided by the volunteer
members of the advisory board and may be guided by their
recommendations in making decisions that relate to the
operation of the network of rescue and rehabilitation stations, those
members should be entitled to the same immunity from liability that
is provided other public employees.
(B) Members of the advisory board, while performing functions
within the scope of advisory board duties, 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
advisory board.
(g) The administrator shall enhance the state's ability to prevent
the contamination of wildlife and to identify, collect, rescue, and
treat oiled wildlife, through all of the following:
(1) Providing for the recruitment and training of an expanded
network of wildlife specialists and volunteers from oiled wildlife
care network participant organizations who can be called into
immediate action in the event of an oil spill to assist in the field
collection of oiled wildlife. The training shall include a process
for certification of trained volunteers and renewal of
certifications. The initial training for bird rescue shall include
field experience in species identification and appropriate field
collection techniques for species at risk in different spills. In
addition to training in bird rescue, the administrator shall provide
for appropriate hazardous materials training for new volunteers and
contract personnel, with refresher courses offered as necessary to
allow for continual readiness of search and collection teams.
(2) Developing and implementing a plan for the provision of
emergency equipment for bird rescue in strategic locations to
facilitate ready deployment in the case of an oil spill. The
administrator shall ensure that the equipment identified as necessary
in his or her wildlife response plan is available and deployed in a
timely manner to assist in providing the best available protection
and collection efforts.
(3) Enhancing the capacity of the oiled wildlife care network to
recruit and train a larger field team for collection of oiled
wildlife, as specified in paragraph (1), by providing staffing for
field operations, coordination, and volunteer outreach for the oiled
wildlife care network. The duties of the field operations and
volunteer outreach staff shall include recruitment and coordination
of additional participation in the oiled wildlife care network by
other existing organizations with experience and expertise in
wildlife rescue and handling, including scientific organizations,
educational institutions, public agencies, and nonprofit
organizations dedicated to wildlife conservation, and recruitment,
training, and supervision of volunteers from oiled wildlife care
network participating organizations.
(4) Ensuring that qualified persons with experience and expertise
in wildlife rescue are assigned to oversee and supervise wildlife
recovery search and collection efforts, as specified in the
administrators wildlife response plan. The administrator shall
provide for and ensure that all persons involved in field collection
of oiled wildlife receive training in search and capture techniques
and hazardous materials certification, as appropriate.
(5) Expanding the readiness of the network of oiled wildlife
rescue and rehabilitation stations to respond to oil spills in inland
areas by expanding the network to include more volunteer wildlife
organizations in other areas of the state, and by expanding the
mobile capacity of the network, through use of modified trailers,
tents, and other transportable equipment that may be used to enable
initial stabilization of oiled wildlife until transport can be
arranged to other existing permanent facilities.
SEC. 3. 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 annual assessment may not exceed five
cents ($0.05) per barrel of crude oil or petroleum products.
(b) (1) The oil spill prevention and administration fee shall be
imposed upon every a 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 a person owning
who owns 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 an
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 A fee shall not 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 An 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 20, 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 that 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
of this code , 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.
(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 an
expenditure for this purpose shall not exceed the amount of one
hundred thousand dollars ($100,000) in any a
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 Part 24 (commencing with Section 46001) of
Division 2 of the Revenue and Taxation Code.
(8) To reimburse the costs incurred by the State Lands Commission
in implementing the Oil Transfer and Transportation Emission and Risk
Reduction Act of 2002 (Division 7.9 (commencing with Section 8780)
of the Public Resources Code).
(9) To cover costs incurred by the oiled wildlife care network
established by Section 8670.37.5 for training and field collection,
and search and rescue activities, pursuant to subdivision (g) of
Section 8670.37.5.
(f) The moneys deposited in the fund shall not be used for
responding to an oil spill.
SEC. 4. Section 8670.48 of the Government Code is amended to read:
8670.48. (a) (1) A uniform oil spill response fee in an amount
not exceeding twenty-five cents ($0.25) for each barrel of petroleum
products, as set by the administrator pursuant to subdivision (f),
shall be imposed upon every a person
owning who owns petroleum products at
the time the petroleum products are received at a marine terminal
within this state by means of a vessel from a point of origin outside
this state. The fee shall be remitted to the State Board of
Equalization by the terminal operator on the 25th day of each month
based upon the number of barrels of petroleum products received
during the preceding month.
(2) Every An owner of petroleum
products is liable for the fee until it has been paid to the state,
except that payment to a marine terminal operator registered under
this chapter is sufficient to relieve the owner from further
liability for the fee.
(b) Every An operator of a pipeline
shall also pay a uniform oil spill response fee in an amount not
exceeding twenty-five cents ($0.25) for each barrel of petroleum
products, as set by the administrator pursuant to subdivision (f),
transported into the state by means of a pipeline operating across,
under, or through the marine waters of the state. The fee shall be
paid on the 25th day of each month based upon the number of barrels
of petroleum products so transported into the state during the
preceding month.
(c) (1) Every An operator of a
refinery shall pay a uniform oil spill response fee in an amount not
exceeding twenty-five cents ($0.25) for each barrel of crude oil, as
set by the administrator pursuant to subdivision (f), received at a
refinery within the state. The fee shall be paid on the 25th day of
each month based upon the number of barrels of crude oil so received
during the preceding month.
(2) The fee shall not be imposed by a refiner, or a person or
entity acting as an agent for a refiner, on crude oil produced by an
independent crude oil producer as defined in paragraph (3). The board
shall not identify a company as exempt from the fee requirements of
this section if that company was reorganized, sold, or otherwise
modified with the intent of circumventing the requirements of this
section.
(3) For purposes of this chapter, "independent crude oil producer"
means any a person or entity producing
crude oil within this state who performs no refining of
does not refine crude oil into product, and who
possesses does not possess or
owns no own a retail gasoline marketing
facilities facility .
(d) Every A marine terminal operator
shall pay a uniform oil spill response fee in an amount not
exceeding twenty-five cents ($0.25), in accordance with subdivision
(g), for each barrel of crude oil, as set by the administrator
pursuant to subdivision (f), that is transported from within this
state by means of marine vessel to a destination outside this state.
(e) Every An operator of a pipeline
shall pay a uniform oil spill response fee in an amount not exceeding
twenty-five cents ($0.25), in accordance with subdivision (g), for
each barrel of crude oil, as set by the administrator pursuant to
subdivision (f), transported out of the state by pipeline.
(f) (1) The fees required pursuant to this section shall be
collected during any period for which the administrator determines
that collection is necessary for any of the following reasons:
(A) The amount in the fund is less than or equal to 95 percent of
the designated amount specified in subdivision (a) of Section 46012
of the Revenue and Taxation Code.
(B) Additional money is required to pay for the purposes specified
in subdivision (k).
(C) The revenue is necessary to repay any
a draw on a financial security obtained by the Treasurer
pursuant to subdivision (o) or any borrowing by
the Treasurer pursuant to Article 7.5 (commencing with Section
8670.53.1) including any principal, interest, premium, fees, charges,
or costs of any kind incurred in connection with those borrowings or
financial security.
(2) The administrator, in consultation with the State Board of
Equalization, and with the approval of the Treasurer, may direct the
State Board of Equalization to cease collecting the fee when the
administrator determines that further collection of the fee is not
necessary for the purposes specified in paragraph (1).
(3) The administrator, in consultation with the State Board of
Equalization, shall set the amount of the oil spill response fees.
The oil spill response fees shall be imposed on all feepayers in the
same amount. The administrator shall not set the amount of the fee at
less than twenty-five cents ($0.25) for each barrel of petroleum
products or crude oil, unless the administrator finds that the
assessment of a lesser fee will cause the fund to reach the
designated amount specified in subdivision (a) of Section 46012 of
the Revenue and Taxation Code within four months. The fee shall not
be less than twenty-five cents ($0.25) for each barrel of petroleum
products or crude oil if the administrator has drawn upon the
financial security obtained by the Treasurer pursuant to subdivision
(o) or if the Treasurer has borrowed money pursuant to Article 7.5
(commencing with Section 8670.53.1) and principal, interest, premium,
fees, charges, or costs of any kind incurred in connection with
those borrowings remain outstanding or unpaid, unless the Treasurer
has certified to the administrator that the money in the fund is not
necessary for the purposes specified in paragraph (1).
(g) The fees imposed by subdivisions (d) and (e) shall be imposed
in any calendar year beginning the month following the month when the
total cumulative year-to-date barrels of crude oil transported
outside the state by all feepayers by means of vessel or pipeline
exceeds 6 percent by volume of the total barrels of crude oil and
petroleum products subject to oil spill response fees under
subdivisions (a), (b), and (c) for the prior calendar year.
(h) For purposes of this chapter, "designated amount" means the
amounts specified in Section 46012 of the Revenue and Taxation Code.
(i) The administrator, in consultation with the State Board of
Equalization and with the approval of the Treasurer, shall authorize
refunds of any money collected that is not necessary for the purposes
specified in paragraph (1) of subdivision (f). The State Board of
Equalization, as directed by the administrator, and in accordance
with Section 46653 of the Revenue and Taxation Code, shall refund the
excess amount of fees collected to each feepayer who paid the fee to
the state, in proportion to the amount that each feepayer paid into
the fund during the preceding 12 monthly reporting periods in which
there was a fee due, including the month in which the fund exceeded
the specified amount. If the total amount of money in the fund
exceeds the amount specified in this subdivision by 10 percent or
less, refunds need not be ordered by the administrator.
Nothing in this This section shall
does not require the refund of excess fees as
provided in this subdivision more frequently than once each year.
(j) The State Board of Equalization shall collect the fee and
adopt regulations implementing the fee collection program. All fees
collected pursuant to this section shall be deposited in the Oil
Spill Response Trust Fund.
(k) The fee described in this section shall be collected solely
for any of the following purposes:
(1) To provide funds to cover promptly the costs of response,
containment, and cleanup of oil spills into marine waters, including
damage assessment costs, and wildlife rehabilitation as provided in
Section 8670.61.5.
(2) To cover response and cleanup costs and other damages suffered
by the state or other persons or entities from oil spills into
marine waters, which cannot otherwise be compensated by responsible
parties or the federal government.
(3) To pay claims for damages pursuant to Section 8670.51.
(4) To pay claims for damages, except for damages described in
paragraph (7) of subdivision (h) of Section 8670.56.5, pursuant to
Section 8670.51.1.
(5) To pay for the cost of obtaining financial security in the
amount specified in subdivision (b) of Section 46012 of the Revenue
and Taxation Code, as authorized by subdivision (o).
(6) To pay indemnity and related costs and expenses as authorized
by Section 8670.56.6.
(7) To pay principal, interest, premium, if any, and fees,
charges, and costs of any kind incurred in connection with moneys
drawn by the administrator on the financial security obtained by the
Treasurer pursuant to subdivision (o) or borrowed by the Treasurer
pursuant to Article 7.5 (commencing with Section 8670.53.1).
(8) To pay for the costs of rescue, medical treatment,
rehabilitation, and disposition of oiled wildlife, as incurred by the
network of oiled wildlife rescue and rehabilitation stations created
pursuant to Section 8670.37.5.
() (1) The interest that the state earns on the funds deposited
into the Oil Spill Response Trust Fund shall be deposited in the fund
and shall be used to maintain the fund at the designated amount
specified in subdivision (a) of Section 46012 of the Revenue and
Taxation Code. Interest earned until July 1, 1998, on funds deposited
pursuant to subdivision (a) of Section 46012 of the Revenue and
Taxation Code, as determined jointly by the Controller and the
Director of Finance, shall be available upon appropriation by the
Legislature in the Budget Act to establish, equip, operate, and
maintain the network of rescue and rehabilitation stations for oiled
wildlife as described in Section 8670.37.5 and to support technology
development and research related to oiled wildlife care. Interest
earned on the financial security portion of the fund, required to be
accessible pursuant to subdivision (b) of Section 46012 of the
Revenue and Taxation Code shall not be available for that purpose. If
the amount in the fund exceeds that designated amount, the interest
not needed to equip, operate, and maintain the network of rescue and
rehabilitation stations, or for appropriate technology development
and research regarding oiled wildlife care, shall be deposited into
the Oil Spill Prevention and Administration Fund, and shall be
available for the purposes authorized by Article 6 (commencing with
Section 8670.38).
(2) (A) For each fiscal year, consistent with this article, the
administrator shall submit, as a proposed appropriation in the
Governor's Budget, an amount up to one million five hundred
thousand dollars ($1,500,000), the total amount
of the interest earned on the funds deposited into the Oil Spill
Response Trust Fund, for the purpose of equipping, operating, and
maintaining the network of oiled wildlife rescue and rehabilitation
stations established pursuant to Section 8670.37.5 and for support of
technology development and research related to oiled wildlife care.
The remaining interest shall be deposited into the Oil Spill
Prevention and Administration Fund pursuant to paragraph (1).
(B) The administrator shall report to the Legislature not later
than June 30, 2002, on the progress and effectiveness of the network
of oiled wildlife rescue and rehabilitation stations established
pursuant to Section 8670.37.5, and the adequacy of the Oil Spill
Response Trust Fund to meet the purposes for which it was
established.
(C) At the administrator's request, the funds made available
pursuant to this paragraph may be directly appropriated to a suitable
program for wildlife health and rehabilitation within a school of
veterinary medicine within this state, provided that an agreement
exists, consistent with this chapter, between the administrator and
an appropriate representative of the program for carrying out that
purpose. The administrator shall attempt to have an agreement in
place at all times. The agreement shall ensure that the training of,
and the care provided by, the program staff are at levels that are
consistent with those standards generally accepted within the
veterinary profession.
(D) The funds made available pursuant to this paragraph shall not
be considered an offset to any other state funds appropriated to the
program, the program's associated school of veterinary medicine, or
the program's associated college or university, and the funds shall
not be used for any other purpose. If an offset does occur or the
funds are used for an unintended purpose, expenditure of any
appropriation of funds pursuant to this paragraph may be terminated
by the administrator and the administrator may request a
reappropriation to accomplish the intended purpose. The administrator
shall annually review and approve the proposed uses of any funds
made available pursuant to this paragraph.
(m) The Legislature finds and declares that effective response to
oil spills requires that the state have available sufficient funds in
a response fund. The Legislature further finds and declares that
maintenance of that fund is of utmost importance to the state and
that the money in the fund shall be used solely for the purposes
specified in subdivision (k).
(n) It is the intent of the Legislature, in enacting this section,
that the fee shall not be imposed by a refiner, or a person or
entity acting as an agent for a refiner, on crude oil produced by an
independent crude oil producer.
(o) The Treasurer shall obtain financial security, in the
designated amount specified in subdivision (b) of Section 46012 of
the Revenue and Taxation Code, in a form which, in the event of an
oil spill, may be drawn upon immediately by the administrator upon
making the determinations required by paragraph (2) of subdivision
(a) of Section 8670.49. The financial security may be obtained in any
of the forms described in subdivision (b) of Section 8670.53.3, as
determined by the Treasurer.
(p) Nothing in this This section
limits does not limit the authority of
the administrator to raise oil spill response fees pursuant to
Section 8670.48.5.