BILL NUMBER: AB 2911	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2008

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 amended, 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   direction  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
  Oiled Wildlife Care Network  shall include
proactive oiled wildlife search and  rescue 
collection  rescue efforts  . 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
  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  $1.5 million or  an amount up to the
total amount of interest earned on the funds in the Oil Spill
Response Trust Fund  in the most recent fiscal year for which
interest earnings are known, whichever is greater  , 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.
 
   (b) The state's capacity to conduct search and collection for
rescue of oiled wildlife should be strengthened and improved to
ensure that, to the extent feasible, the maximum number of oiled
wildlife are collected and receive timely and effective treatment,
thus ensuring the best achievable standard for oiled wildlife. 
   (c) The state should enhance its capacity  for oiled wildlife
response  , 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  live  oiled wildlife for treatment through
proactive search and  rescue field  collection
efforts.
   (3) Ensure that appropriate pretraining and equipment  is
  are  provided to staff, volunteers, and 
representatives from  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
  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  
Oiled Wildlife Care Network  shall include proactive oiled
wildlife search and  rescue collection  
collection rescue efforts  . 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. This subdivision 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. This subdivision 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
that the advisory board believes that the administrator might find
useful in making that determination. The administrator shall consult
 with 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 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   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  with
 collection of  live  oiled wildlife. The training
shall include a process for certification of trained volunteers and
renewal of certifications. The initial  wildlife rescue 
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   wildlife  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   wildlife 
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   achievable 
protection and collection efforts.
   (3) Enhancing the capacity of the  oiled wildlife care
network   Oiled Wildlife Care Network  to recruit
and train a larger field team for collection of live  oiled
wildlife, as specified in paragraph (1), by providing staffing for
field operations, coordination, and volunteer outreach for the
 oiled wildlife care network   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
  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 
 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   administrator's  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 a person owning crude oil at the time that crude oil is
received at a marine terminal from within or outside the state, and
upon a person 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, 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. A fee shall not be imposed
pursuant to this section with respect to 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) 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 an expenditure for this purpose
shall not exceed the amount of one hundred thousand dollars
($100,000) in 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   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 a person 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) 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) 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) 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 a person or entity producing crude oil within this state who
does not refine crude oil into  a  product, and who does not
possess or own a retail gasoline marketing facility.
   (d) 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  a  marine
vessel to a destination outside this state.
   (e) 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 a draw on a financial
security obtained by the Treasurer pursuant to subdivision (o) or
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   exceed  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. This section
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,  one million five hundred thousand dollars
($1,500,000), or  an amount up to the total amount of the
interest earned on the funds deposited into the Oil Spill Response
Trust Fund  in the most recent fiscal year for which interest
earnings are known, whichever is greater  , 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  , if any,
 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) This section does not limit the authority of the administrator
to raise oil spill response fees pursuant to Section 8670.48.5.