BILL NUMBER: AB 2911	CHAPTERED  09/29/08

	CHAPTER  565
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2008
	PASSED THE SENATE  AUGUST 14, 2008
	PASSED THE ASSEMBLY  AUGUST 18, 2008
	AMENDED IN SENATE  AUGUST 12, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN SENATE  JUNE 18, 2008
	AMENDED IN SENATE  JUNE 16, 2008
	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 Section 5655 of the Fish and Game Code, to amend
Sections 8574.8, 8670.3, 8670.25, 8670.37.5, 8670.40, 8670.48,
8670.56.5, 8670.61.5, 8670.63, 8670.66, 8670.67, and 8670.67.5 of,
and to add Section 8670.69.7 to, the Government Code, relating to oil
spills, and making an appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2911, Wolk. Oil spill prevention and response: inland spills:
wildlife contaminations.
   The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
generally requires the administrator for oil spill response, acting
at the 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 defines various terms for the purposes of the act.
   This bill would additionally define "inland spill" and "inland
waters" for the purposes of the act. The bill would require the
Administrator of the Office of Spill Prevention and Response, by
January 1, 2010, to submit to the Governor and the Legislature an
amended California oil spill contingency plan consisting of both
marine and inland oil spill contingency planning sections. The bill
would revise provisions regarding containment, cleanup, and removal
requirements for oil discharges, liability for damages caused by oil
spills, and administrative and civil penalties to include inland
spills. The bill would also increase administrative and civil
penalties for spills in marine waters.
   This bill would provide that any penalties collected with respect
to inland spills shall be deposited in the Fish and Wildlife
Pollution Account, which is a continuously appropriated fund, and
shall be available for specified purposes. By increasing the sources
of funds for a continuously appropriated fund, the bill would make an
appropriation.
   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 collection rescue efforts. The
bill would also require the administrator to ensure 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 $2 million of the interest
earned on the funds in the Oil Spill Response Trust Fund, thereby
making an appropriation.
   Existing law authorizes the Department of Fish and Game to clean
up or abate, or cause to be cleaned up or abated, the effects of any
petroleum or petroleum product deposited or discharged in the waters
of the state or in any onshore or offshore location where the
petroleum or petroleum product is likely to enter the waters of the
state, or order any person responsible for the deposit or discharge
to clean up or abate the effects, and recover any costs incurred for
the cleanup or abatement from the responsible party.
   This bill would give the Administrator of the Office of Spill
Prevention and Response the primary authority to serve as a state
incident commander and direct removal, abatement, response,
containment, and cleanup efforts with regard to all aspects of any
placement of petroleum or a petroleum product in the waters of the
state, as provided.
   This bill would incorporate additional changes in Sections 8670.3
and 8670.48 of the Government Code, proposed by AB 2547, to be
operative only if AB 2547 and this bill are both chaptered and become
effective on or before January 1, 2009, and this bill is chaptered
last.
   This bill would incorporate additional changes in Section 8670.40
of the Government Code, proposed by AB 2032, to be operative only if
AB 2032 and this bill are both chaptered and become effective on or
before January 1, 2009, and this bill is chaptered last.
   Appropriation: yes.


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 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 collection efforts.
   (3) Ensure that appropriate pretraining and equipment 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 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 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 5655 of the Fish and Game Code is amended to read:

   5655.  (a) In addition to the responsibilities imposed pursuant to
Section 5651, the department may clean up or abate, or cause to be
cleaned up or abated, the effects of any petroleum or petroleum
product deposited or discharged in the waters of this state or
deposited or discharged in any location onshore or offshore where the
petroleum or petroleum product is likely to enter the waters of this
state, order any person responsible for the deposit or discharge to
clean up the petroleum or petroleum product or abate the effects of
the deposit or discharge, and recover any costs incurred as a result
of the cleanup or abatement from the responsible party.
   (b) An order shall not be issued pursuant to this section for the
cleanup or abatement of petroleum products in any sump, pond, pit, or
lagoon used in conjunction with crude oil production that is in
compliance with all applicable state and federal laws and
regulations.
   (c) The department may issue an order pursuant to this section
only if there is an imminent and substantial endangerment to human
health or the environment and the order shall remain in effect only
until any cleanup and abatement order is issued pursuant to Section
13304 of the Water Code. A regional water quality control board shall
incorporate the department's order into the cleanup and abatement
order issued pursuant to Section 13304 of the Water Code, unless the
department's order is inconsistent with any more stringent
requirement established in the cleanup and abatement order. Any
action taken in compliance with the department's order is not a
violation of any subsequent regional water quality control board
cleanup and abatement order issued pursuant to Section 13304 of the
Water Code.
   (d) The Administrator of the Office of Spill Prevention and
Response has the primary authority to serve as a state incident
commander and direct removal, abatement, response, containment, and
cleanup efforts with regard to all aspects of any placement of
petroleum or a petroleum product in the waters of the state, except
as otherwise provided by law. This authority may be delegated.
   (e) For purposes of this section, the following definitions apply:

   (1) "Petroleum product" means oil in any kind or form, including,
but not limited to, fuel oil, sludge, oil refuse, and oil mixed with
waste other than dredged spoil. "Petroleum product" does not include
any pesticide that has been applied for agricultural, commercial, or
industrial purposes or has been applied in accordance with a
cooperative agreement authorized by Section 116180 of the Health and
Safety Code, that has not been discharged accidentally or for
purposes of disposal, and whose application was in compliance with
all applicable state and federal laws and regulations.
   (2) "State incident commander" means a person with the overall
authority for managing and conducting incident operations during an
oil spill response, who shall manage an incident consistent with the
standardized emergency management system required by Section 8607 of
the Government Code. Incident management generally includes the
development of objectives, strategies and tactics, ordering and
release of resources, and coordination with other appropriate
response agencies to ensure that all appropriate resources are
properly utilized and that this coordinating function is performed in
a manner designated to minimize risk to other persons and to the
environment.
  SEC. 3.  Section 8574.8 of the Government Code is amended to read:
   8574.8.  (a) The administrator shall submit to the Governor and
the Legislature an amended California oil spill contingency plan
required, pursuant to Section 8574.7, by January 1, 1993. The
administrator shall thereafter submit revised plans every three
years, until the amended plan required pursuant to subdivision (b) is
submitted.
   (b) The administrator shall submit to the Governor and the
Legislature an amended California oil spill contingency plan required
pursuant to Section 8574.7, by January 1, 2010, that consists of
both a marine oil spill contingency planning section and an inland
oil spill contingency planning section. The administrator shall
thereafter submit revised plans every three years.
  SEC. 4.  Section 8670.3 of the Government Code is amended to read:
   8670.3.  Unless the context requires otherwise, the following
definitions shall govern the construction of this chapter:
   (a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4.
   (b) (1) "Best achievable protection" means the highest level of
protection that can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operational methods that provide the greatest degree of
protection achievable. The administrator's determination of which
measures provide the best achievable protection shall be guided by
the critical need to protect valuable coastal resources and marine
waters, while also considering all of the following:
   (A) The protection provided by the measure.
   (B) The technological achievability of the measure.
   (C) The cost of the measure.
   (2) The administrator shall not use a cost-benefit or
cost-effectiveness analysis or any particular method of analysis in
determining which measures provide the best achievable protection.
The administrator shall instead, when determining which measures
provide best achievable protection, give reasonable consideration to
the protection provided by the measures, the technological
achievability of the measures, and the cost of the measures when
establishing the requirements to provide the best achievable
protection for coastal and marine resources.
   (c) (1) "Best achievable technology" means that technology that
provides the greatest degree of protection, taking into consideration
both of the following:
   (A) Processes that are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development.
   (B) Processes that are currently in use anywhere in the world.
   (2) In determining what is the best achievable technology pursuant
to this chapter, the administrator shall consider the effectiveness
and engineering feasibility of the technology.
   (d) "Dedicated response resources" means equipment and personnel
committed solely to oil spill response, containment, and cleanup that
are not used for any other activity that would adversely affect the
ability of that equipment and personnel to provide oil spill response
services in the timeframes for which the equipment and personnel are
rated.
   (e) "Director" means the Director of Fish and Game.
   (f) "Environmentally sensitive area" means an area defined
pursuant to the applicable area contingency plans, as created and
revised by the Coast Guard and the administrator.
   (g) "Inland spill" means a release of at least one barrel (42
gallons) of oil into inland waters that is not authorized by any
federal, state, or local governmental entity.
   (h) "Inland waters" means waters of the state other than marine
waters, but not including groundwater.
   (i) "Local government" means a chartered or general law city, a
chartered or general law county, or a city and county.
   (j) (1) "Marine facility" means any facility of any kind, other
than a tank ship or tank barge, that is or was used for the purposes
of exploring for, drilling for, producing, storing, handling,
transferring, processing, refining, or transporting oil and is
located in marine waters, or is located where a discharge could
impact marine waters unless the facility is either of the following:
   (A) Subject to Chapter 6.67 (commencing with Section 25270) or
Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the
Health and Safety Code.
   (B) Placed on a farm, nursery, logging site, or construction site
and does not exceed 20,000 gallons in a single storage tank.
   (2) For the purposes of this chapter, "marine facility" includes a
drill ship, semisubmersible drilling platform, jack-up type drilling
rig, or any other floating or temporary drilling platform.
   (3) For the purposes of this chapter, "marine facility" does not
include a small craft refueling dock.
   (k) (1) "Marine terminal" means any marine facility used for
transferring oil to or from a tank ship or tank barge.
   (2) "Marine terminal" includes, for purposes of this chapter, all
piping not integrally connected to a tank facility, as defined in
subdivision (m) of Section 25270.2 of the Health and Safety Code.
   (l) "Marine waters" means those waters subject to tidal influence,
and includes the waterways used for waterborne commercial vessel
traffic to the Port of Sacramento and the Port of Stockton.
   (m) "Mobile transfer unit" means a small marine fueling facility
that is a vehicle, truck, or trailer, including all connecting hoses
and piping, used for the transferring of oil at a location where a
discharge could impact marine waters.
   (n) "Nondedicated response resources" means those response
resources identified by an Oil Spill Response Organization for oil
spill response activities that are not dedicated response resources.
   (o) "Nonpersistent oil" means a petroleum-based oil, such as
gasoline, diesel, or jet fuel, that evaporates relatively quickly and
is an oil with hydrocarbon fractions, at least 50 percent of which,
by volume, distills at a temperature of 645* Fahrenheit, and at least
95 percent of which, by volume, distills at a temperature of 700*
Fahrenheit.
   (p) "Nontank vessel" means a vessel of 300 gross tons or greater
that carries oil, but does not carry that oil as cargo.
   (q) "Oil" means any kind of petroleum, liquid hydrocarbons, or
petroleum products or any fraction or residues therefrom, including,
but not limited to, crude oil, bunker fuel, gasoline, diesel fuel,
aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.
   (r) "Oil spill cleanup agent" means a chemical, or any other
substance, used for removing, dispersing, or otherwise cleaning up
oil or any residual products of petroleum in, or on, any of the
waters of the state.
   (s) "Oil spill contingency plan" or "contingency plan" means the
oil spill contingency plan required pursuant to Article 5 (commencing
with Section 8670.28).
   (t) (1) "Oil Spill Response Organization" or "OSRO" means an
individual, organization, association, cooperative, or other entity
that provides, or intends to provide, equipment, personnel, supplies,
or other services directly related to oil spill containment,
cleanup, or removal activities.
   (2) A "rated OSRO" means an OSRO that has received a satisfactory
rating from the administrator for a particular rating level
established pursuant to Section 8670.30.
   (3) "OSRO" does not include an owner or operator with an oil spill
contingency plan approved by the administrator or an entity that
only provides spill management services, or who provides services or
equipment that are only ancillary to containment, cleanup, or removal
activities.
   (u) "Onshore facility" means a facility of any kind that is
located entirely on lands not covered by marine waters.
   (v) (1) "Owner" or "operator" means any of the following:
   (A) In the case of a vessel, a person who owns, has an ownership
interest in, operates, charters by demise, or leases, the vessel.
   (B) In the case of a marine facility, a person who owns, has an
ownership interest in, or operates the marine facility.
   (C) Except as provided in subparagraph (D), in the case of a
vessel or marine facility, where title or control was conveyed due to
bankruptcy, foreclosure, tax delinquency, abandonment, or similar
means to an entity of state or local government, a person who owned,
held an ownership interest in, operated, or otherwise controlled
activities concerning the vessel or marine facility immediately
beforehand.
   (D) An entity of the state or local government that acquired
ownership or control of a vessel or marine facility, when the entity
of the state or local government has caused or contributed to a spill
or discharge of oil into marine waters.
   (2) "Owner" or "operator" does not include a person who, without
participating in the management of a vessel or marine facility, holds
indicia of ownership primarily to protect the person's security
interest in the vessel or marine facility.
   (3) "Operator" does not include a person who owns the land
underlying a marine facility or the facility itself if the person is
not involved in the operations of the facility.
   (w) "Person" means an individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, and association. "Person" also includes a
city, county, city and county, district, and the state or any
department or agency thereof, and the federal government, or any
department or agency thereof, to the extent permitted by law.
   (x) "Pipeline" means a pipeline used at any time to transport oil.

   (y) "Reasonable worst case spill" means, for the purposes of
preparing contingency plans for a nontank vessel, the total volume of
the largest fuel tank on the nontank vessel.
   (z) "Responsible party" or "party responsible" means any of the
following:
   (1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
   (2) The owner, operator, or lessee of, or a person that charters
by demise, a vessel or marine facility, or a person or entity
accepting responsibility for the vessel or marine facility.
   (aa) "Small craft" means a vessel, other than a tank ship or tank
barge, that is less than 20 meters in length.
   (ab) "Small craft refueling dock" means a waterside operation that
dispenses only nonpersistent oil in bulk and small amounts of
persistent lubrication oil in containers primarily to small craft and
meets both of the following criteria:
   (1) Has tank storage capacity not exceeding 20,000 gallons in any
single storage tank or tank compartment.
   (2) Has total usable tank storage capacity not exceeding 75,000
gallons.
   (ac) "Small marine fueling facility" means either of the
following:
   (1) A mobile transfer unit.
   (2) A fixed facility that is not a marine terminal, that dispenses
primarily nonpersistent oil, that may dispense small amounts of
persistent oil, primarily to small craft, and that meets all of the
following criteria:
   (A) Has tank storage capacity greater than 20,000 gallons but not
more than 40,000 gallons in any single storage tank or storage tank
compartment.
   (B) Has total usable tank storage capacity not exceeding 75,000
gallons.
   (C) Had an annual throughput volume of over-the-water transfers of
oil that did not exceed 3,000,000 gallons during the most recent
preceding 12-month period.
   (ad) "Spill" or "discharge" means a release of at least one barrel
(42 gallons) of oil into marine waters that is not authorized by a
federal, state, or local government entity.
   (ae) "State Interagency Oil Spill Committee" means the committee
established pursuant to Article 3.5 (commencing with Section 8574.1)
of Chapter 7.
   (af) "California oil spill contingency plan" means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7.
   (ag) "Tank barge" means a vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.
   (ah) "Tank ship" means a self-propelled vessel that is constructed
or adapted for the carriage of oil in bulk or in commercial
quantities as cargo.
   (ai) "Tank vessel" means a tank ship or tank barge.
   (aj) "Vessel" means a watercraft or ship of any kind, including
every structure adapted to be navigated from place to place for the
transportation of merchandise or persons.
   (ak) "Vessel carrying oil as secondary cargo" means a vessel that
does not carry oil as a primary cargo, but does carry oil in bulk as
cargo or cargo residue.
  SEC. 4.5.  Section 8670.3 of the Government Code is amended to
read:
   8670.3.  Unless the context requires otherwise, the following
definitions shall govern the construction of this chapter:
   (a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4.
   (b) (1) "Best achievable protection" means the highest level of
protection that can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operational methods that provide the greatest degree of
protection achievable. The administrator's determination of which
measures provide the best achievable protection shall be guided by
the critical need to protect valuable coastal resources and marine
waters, while also considering all of the following:
   (A) The protection provided by the measure.
   (B) The technological achievability of the measure.
   (C) The cost of the measure.
   (2) The administrator shall not use a cost-benefit or
cost-effectiveness analysis or any particular method of analysis in
determining which measures provide the best achievable protection.
The administrator shall instead, when determining which measures
provide best achievable protection, give reasonable consideration to
the protection provided by the measures, the technological
achievability of the measures, and the cost of the measures when
establishing the requirements to provide the best achievable
protection for coastal and marine resources.
   (c) (1) "Best achievable technology" means that technology that
provides the greatest degree of protection, taking into consideration
both of the following:
   (A) Processes that are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development.
   (B) Processes that are currently in use or contained in any oil
spill contingency or response plan anywhere in the world.
   (C) This subdivision does not require that a particular technology
shall first be used elsewhere in the world prior to being required
for use or deployment by the administrator.
   (2) In determining what is the best achievable technology pursuant
to this chapter, the administrator shall consider the effectiveness
and engineering feasibility of the technology.
   (d) (1) "Dedicated response resources" means equipment and
personnel committed solely to oil spill response, containment, and
cleanup that are not used for any other activity that would adversely
affect the ability of that equipment and personnel to provide oil
spill response services in the timeframes for which the equipment and
personnel are rated.
   (2) For the port areas, as defined in area contingency plans of
San Francisco, Los Angeles/Long Beach, and San Diego, "dedicated
response resources" shall, in addition to the other criteria in this
subdivision, mean equipment and personnel permanently located in each
of those areas. Personnel may be characterized as a dedicated
resource only when on duty or on call. On-call personnel may be
characterized as a dedicated resource if an on-call employee is all
of the following:
   (A) Required to wear a functioning pager or other means of
immediate communication at all times.
   (B) Required to remain in close geographic proximity to the OSRO's
facility or nonpersonnel dedicated response resource so as to ensure
that regulatory response times are met.
   (C) Required to carry approved work clothing and necessary
identification to access the OSRO's facility or the site of a spill.
   (D) Required to maintain the United States Coast Guard fitness for
duty requirements referenced in Part 95 of Title 33 of the Code of
Federal Regulations.
   (e) "Director" means the Director of Fish and Game.
   (f) "Environmentally sensitive area" means an area defined
pursuant to the applicable area contingency plans, as created and
revised by the Coast Guard and the administrator.
   (g) "Inland spill" means a release of at least one barrel (42
gallons) of oil into inland waters that is not authorized by any
federal, state, or local governmental entity.
   (h) "Inland waters" means waters of the state other than marine
waters, but not including groundwater.
   (i) "Local government" means a chartered or general law city, a
chartered or general law county, or a city and county.
   (j) (1) "Marine facility" means any facility of any kind, other
than a tank ship or tank barge, that is or was used for the purposes
of exploring for, drilling for, producing, storing, handling,
transferring, processing, refining, or transporting oil and is
located in marine waters, or is located where a discharge could
impact marine waters unless the facility is either of the following:
   (A) Subject to Chapter 6.67 (commencing with Section 25270) or
Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the
Health and Safety Code.
   (B) Placed on a farm, nursery, logging site, or construction site
and does not exceed 20,000 gallons in a single storage tank.
   (2) For the purposes of this chapter, "marine facility" includes a
drill ship, semisubmersible drilling platform, jack-up type drilling
rig, or any other floating or temporary drilling platform.
   (3) For the purposes of this chapter, "marine facility" does not
include a small craft refueling dock.
   (k) (1) "Marine terminal" means a marine facility used for
transferring oil to or from a tank ship or tank barge.
   (2) "Marine terminal" includes, for purposes of this chapter, all
piping not integrally connected to a tank facility, as defined in
subdivision (m) of Section 25270.2 of the Health and Safety Code.
   () "Marine waters" means those waters subject to tidal influence,
and includes the waterways used for waterborne commercial vessel
traffic to the Port of Sacramento and the Port of Stockton.
   (m) "Mobile transfer unit" means a small marine fueling facility
that is a vehicle, truck, or trailer, including all connecting hoses
and piping, used for the transferring of oil at a location where a
discharge could impact marine waters.
   (n) "Nondedicated response resources" means those response
resources identified by an Oil Spill Response Organization for oil
spill response activities that are not dedicated response resources.
Identified response resources located outside of California are
nondedicated response resources.
   (o) "Nonpersistent oil" means a petroleum-based oil, such as
gasoline, diesel, or jet fuel, that evaporates relatively quickly and
is an oil with hydrocarbon fractions, at least 50 percent of which,
by volume, distills at a temperature of 645* Fahrenheit, and at least
95 percent of which, by volume, distills at a temperature of 700*
Fahrenheit.
   (p) "Nontank vessel" means a vessel of 300 gross tons or greater
that carries oil, but does not carry that oil as cargo.
   (q) "Oil" means any kind of petroleum, liquid hydrocarbons, or
petroleum products or any fraction or residues therefrom, including,
but not limited to, crude oil, bunker fuel, gasoline, diesel fuel,
aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.
   (r) "Oil spill cleanup agent" means a chemical, or any other
substance, used for removing, dispersing, or otherwise cleaning up
oil or any residual products of petroleum in, or on, any of the
waters of the state.
   (s) "Oil spill contingency plan" or "contingency plan" means the
oil spill contingency plan required pursuant to Article 5 (commencing
with Section 8670.28).
   (t) (1) "Oil Spill Response Organization" or "OSRO" means an
individual, organization, association, cooperative, or other entity
that provides, or intends to provide, equipment, personnel, supplies,
or other services directly related to oil spill containment,
cleanup, or removal activities.
   (2) A "rated OSRO" means an OSRO that has received a satisfactory
rating from the administrator for a particular rating level
established pursuant to Section 8670.30.
            (3) "OSRO" does not include an owner or operator with an
oil spill contingency plan approved by the administrator or an entity
that only provides spill management services, or who provides
services or equipment that are only ancillary to containment,
cleanup, or removal activities.
   (u) "Onshore facility" means a facility of any kind that is
located entirely on lands not covered by marine waters.
   (v) (1) "Owner" or "operator" means any of the following:
   (A) In the case of a vessel, a person who owns, has an ownership
interest in, operates, charters by demise, or leases, the vessel.
   (B) In the case of a marine facility, a person who owns, has an
ownership interest in, or operates the marine facility.
   (C) Except as provided in subparagraph (D), in the case of a
vessel or marine facility, where title or control was conveyed due to
bankruptcy, foreclosure, tax delinquency, abandonment, or similar
means to an entity of state or local government, a person who owned,
held an ownership interest in, operated, or otherwise controlled
activities concerning the vessel or marine facility immediately
beforehand.
   (D) An entity of the state or local government that acquired
ownership or control of a vessel or marine facility, when the entity
of the state or local government has caused or contributed to a spill
or discharge of oil into marine waters.
   (2) "Owner" or "operator" does not include a person who, without
participating in the management of a vessel or marine facility, holds
indicia of ownership primarily to protect the person's security
interest in the vessel or marine facility.
   (3) "Operator" does not include a person who owns the land
underlying a marine facility or the facility itself if the person is
not involved in the operations of the facility.
   (w) "Person" means an individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, and association. "Person" also includes a
city, county, city and county, district, and the state or any
department or agency thereof, and the federal government, or any
department or agency thereof, to the extent permitted by law.
   (x) "Pipeline" means a pipeline used at any time to transport oil.

   (y) "Reasonable worst case spill" means, for the purposes of
preparing contingency plans for a nontank vessel, the total volume of
the largest fuel tank on the nontank vessel.
   (z) "Responsible party" or "party responsible" means any of the
following:
   (1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
   (2) The owner, operator, or lessee of, or a person that charters
by demise, a vessel or marine facility, or a person or entity
accepting responsibility for the vessel or marine facility.
   (aa) "Small craft" means a vessel, other than a tank ship or tank
barge, that is less than 20 meters in length.
   (ab) "Small craft refueling dock" means a waterside operation that
dispenses only nonpersistent oil in bulk and small amounts of
persistent lubrication oil in containers primarily to small craft and
meets both of the following criteria:
   (1) Has tank storage capacity not exceeding 20,000 gallons in any
single storage tank or tank compartment.
   (2) Has total usable tank storage capacity not exceeding 75,000
gallons.
   (ac) "Small marine fueling facility" means either of the
following:
   (1) A mobile transfer unit.
   (2) A fixed facility that is not a marine terminal, that dispenses
primarily nonpersistent oil, that may dispense small amounts of
persistent oil, primarily to small craft, and that meets all of the
following criteria:
   (A) Has tank storage capacity greater than 20,000 gallons but not
more than 40,000 gallons in any single storage tank or storage tank
compartment.
   (B) Has total usable tank storage capacity not exceeding 75,000
gallons.
   (C) Had an annual throughput volume of over-the-water transfers of
oil that did not exceed 3,000,000 gallons during the most recent
preceding 12-month period.
   (ad) "Spill" or "discharge" means a release of at least one barrel
(42 gallons) of oil into marine waters that is not authorized by a
federal, state, or local government entity.
   (ae) "State Interagency Oil Spill Committee" means the committee
established pursuant to Article 3.5 (commencing with Section 8574.1)
of Chapter 7.
   (af) "California oil spill contingency plan" means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7.
   (ag) "Tank barge" means a vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.
   (ah) "Tank ship" means a self-propelled vessel that is constructed
or adapted for the carriage of oil in bulk or in commercial
quantities as cargo.
   (ai) "Tank vessel" means a tank ship or tank barge.
   (aj) "Vessel" means a watercraft or ship of any kind, including a
structure adapted to be navigated from place to place for the
transportation of merchandise or persons.
   (ak) "Vessel carrying oil as secondary cargo" means a vessel that
does not carry oil as a primary cargo, but does carry oil in bulk as
cargo or cargo residue.
  SEC. 5.  Section 8670.25 of the Government Code is amended to read:

   8670.25.  (a) A person who, without regard to intent or
negligence, causes or permits any oil to be discharged in or on the
marine waters or inland waters of the state shall immediately
contain, clean up, and remove the oil in the most effective manner
that minimizes environmental damage and in accordance with the
applicable contingency plans, unless ordered otherwise by the Coast
Guard or the administrator.
   (b) If there is a spill, an owner or operator shall comply with
the applicable oil spill contingency plan approved by the
administrator.
  SEC. 6.  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 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 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 ensure 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 adequate
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
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 shall include
field experience in species identification and appropriate field
collection techniques for species at risk in different spills. In
addition to training in 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. The Office of Spill Prevention and Response in the Department
of Fish and Game is not required to reimburse volunteers for time or
travel associated with required wildlife rescue or hazardous
materials training.
   (2) Developing and implementing a plan for the provision of
emergency equipment for 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 achievable protection
and collection efforts.
   (3) Developing the capacity of the Oiled Wildlife Care Network to
recruit and train an adequate 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. 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
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.
  SEC. 7.  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
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. 7.5.  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
eight cents ($0.08) 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
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 Oil 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. 8.  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
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, an amount up to two million dollars ($2,000,000)
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 and proactive oiled wildlife search and collection rescue
efforts 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.
  SEC. 8.5.  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 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 a 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
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, including, but not limited to, an
owner or operator, or rated OSRO, that is contracted, directed, or
called upon by the administrator to provide response resources
pursuant to Section 8670.11.
   (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.
   (9) To pay for the costs to administer and award California Oil
Spill Prevention and Cleanup Technology Grants pursuant to Section
8670.74.
   () (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 two million dollars ($2,000,000)
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 and proactive oiled wildlife search and collection rescue
efforts 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.
  SEC. 9.  Section 8670.56.5 of the Government Code is amended to
read:
   8670.56.5.  (a)  A responsible party, as defined in Section
8670.3, shall be absolutely liable without regard to fault for any
damages incurred by any injured party that arise out of, or are
caused by a spill or inland spill.
   (b) A responsible person is not liable to an injured party under
this section for any of the following:
   (1) Damages, other than costs of removal incurred by the state or
a local government, caused solely by any act of war, hostilities,
civil war, or insurrection or by an unanticipated grave natural
disaster or other act of God of an exceptional, inevitable, and
irresistible character, which could not have been prevented or
avoided by the exercise of due care or foresight.
   (2) Damages caused solely by the negligence or intentional
malfeasance of that injured party.
   (3) Damages caused solely by the criminal act of a third party
other than the defendant or an agent or employee of the defendant.
   (4) Natural seepage not caused by a responsible party.
   (5) Discharge or leaking of oil or natural gas from a private
pleasure boat or vessel.
   (6) Damages that arise out of, or are caused by, a discharge that
is authorized by a state or federal permit.
   (c) The defenses provided in subdivision (b) shall not be
available to a responsible person who fails to comply with Sections
8670.25, 8670.25.5, 8670.27, and 8670.62.
   (d) Upon motion and sufficient showing by a party deemed to be
responsible under this section, the court shall join to the action
any other party who may be responsible under this section.
   (e) In determining whether a party is a responsible party under
this section, the court shall consider the results of chemical or
other scientific tests conducted to determine whether oil or other
substances produced, discharged, or controlled by the defendant
matches the oil or other substance that caused the damage to the
injured party. The defendant shall have the burden of producing the
results of tests of samples of the substance that caused the injury
and of substances for which the defendant is responsible, unless it
is not possible to conduct the tests because of unavailability of
samples to test or because the substance is not one for which
reliable tests have been developed. At the request of a party, any
other party shall provide samples of oil or other substances within
its possession or control for testing.
   (f) The court may award reasonable costs of the suit, attorneys'
fees, and the costs of necessary expert witnesses to a prevailing
plaintiff. The court may award reasonable costs of the suit and
attorneys' fees to a prevailing defendant if the court finds that the
plaintiff commenced or prosecuted the suit under this section in bad
faith or solely for purposes of harassing the defendant.
   (g) This section does not prohibit a person from bringing an
action for damages caused by oil or by exploration, under any other
provision or principle of law, including, but not limited to, common
law. However, damages shall not be awarded pursuant to this section
to an injured party for loss or injury for which the party is or has
been awarded damages under any other provision or principle of law.
Subdivision (b) does not create a defense not otherwise available
regarding an action brought under any other provision or principle of
law, including, but not limited to, common law.
   (h) Damages for which responsible parties are liable under this
section include the following:
   (1) All costs of response, containment, cleanup, removal, and
treatment, including, but not limited to, monitoring and
administration costs incurred pursuant to the California oil spill
contingency plan or actions taken pursuant to directions by the
administrator.
   (2) Injury to, or economic losses resulting from destruction of or
injury to, real or personal property, which shall be recoverable by
any claimant who has an ownership or leasehold interest in property.
   (3) Injury to, destruction of or loss of, natural resources,
including, but not limited to, the reasonable costs of rehabilitating
wildlife, habitat, and other resources and the reasonable costs of
assessing that injury, destruction, or loss, in an action brought by
the state, a county, city, or district. Damages for the loss of
natural resources may be determined by any reasonable method,
including, but not limited to, determination according to the costs
of restoring the lost resource.
   (4) Loss of subsistence use of natural resources, which shall be
recoverable by a claimant who so uses natural resources that have
been injured, destroyed, or lost.
   (5) Loss of taxes, royalties, rents, or net profit shares caused
by the injury, destruction, loss, or impairment of use of real
property, personal property, or natural resources.
   (6) Loss of profits or impairment of earning capacity due to the
injury, destruction, or loss of real property, personal property, or
natural resources, which shall be recoverable by any claimant who
derives at least 25 percent of his or her earnings from the
activities that utilize the property or natural resources, or, if
those activities are seasonal in nature, 25 percent of his or her
earnings during the applicable season.
   (7) Loss of use and enjoyment of natural resources, public
beaches, and other public resources or facilities, in an action
brought by the state, a county, city, or district.
   (i) Except as provided in Section 1431.2 of the Civil Code,
liability under this section shall be joint and several. However,
this section does not bar a cause of action that a responsible party
has or would have, by reason of subrogation or otherwise, against a
person.
   (j) This section does not apply to claims for damages for personal
injury or wrongful death, and does not limit the right of a person
to bring an action for personal injury or wrongful death under any
provision or principle of law.
   (k)  Payments made by a responsible party to cover liabilities
arising from a discharge of oil, whether under this division or any
other provision of federal, state, or local law, shall not be charged
against royalties, rents, or net profits owed to the United States,
the state, or any other public entity.
   ()  An action that a private or public individual or entity may
have against a responsible party under this section may be brought
directly by the individual or entity or by the state on behalf of the
individual or entity. However, the state shall not pursue an action
on behalf of a private individual or entity that requests the state
not to pursue that action.
   (m) For the purposes of this section, "vessels" means vessels as
defined in Section 21 of the Harbors and Navigation Code.
  SEC. 10.  Section 8670.61.5 of the Government Code is amended to
read:
   8670.61.5.  (a) For purposes of this chapter, "wildlife
rehabilitation" means those actions that are necessary to fully
mitigate for the damage caused to wildlife, fisheries, wildlife
habitat, and fisheries habitat, including beaches, from a spill or
inland spill.
   (b) Responsible parties shall fully mitigate adverse impacts to
wildlife, fisheries, wildlife habitat, and fisheries habitat. Full
mitigation shall be provided by successfully carrying out
environmental projects or funding restoration activities required by
the administrator in carrying out projects complying with the
requirements of this section. Responsible parties are also liable for
the costs incurred by the administrator or other government agencies
in carrying out this section.
   (c) If any significant wildlife rehabilitation is necessary, the
administrator may require the responsible party to prepare and submit
a wildlife rehabilitation plan to the administrator. The plan shall
describe the actions that will be implemented to fully meet the
requirements of subdivision (b), describe contingency measures that
will be carried out in the event that any of the plan actions are not
fully successful, provide a reasonable implementation schedule,
describe the monitoring and compliance program, and provide a
financing plan. The administrator shall review and determine whether
to approve the plan within 60 days of submittal. Before approving a
plan, the administrator shall first find that the implementation of
the plan will fully mitigate the adverse impacts to wildlife,
fisheries, wildlife habitat, and fisheries habitat. If the habitat
contains beaches that are or were used for recreational purposes, the
Department of Parks and Recreation shall review the plan and provide
comments to the administrator.
   (d) The plan shall place first priority on avoiding and minimizing
any adverse impacts. For impacts that do occur, the plan shall
provide for full onsite restoration of the damaged resource to the
extent feasible. To the extent that full onsite restoration is not
feasible, the plan shall provide for offsite in-kind mitigation to
the extent feasible. To the extent that adverse impacts still have
not been fully mitigated, the plan shall provide for the enhancement
of other similar resources to the extent necessary to meet the
requirements of subdivision (b). In evaluating whether a wildlife
rehabilitation plan is adequate, the administrator may use the
habitat evaluation procedures established by the United States Fish
and Wildlife Service or any other reasonable methods as determined by
the Director of Fish and Game.
   (e) The administrator shall prepare regulations to implement this
section. The regulations shall include deadlines for the submittal of
plans. In establishing the deadlines, the administrator shall
consider circumstances such as the size of the spill and the time
needed to assess damage and mitigation.
  SEC. 11.  Section 8670.63 of the Government Code is amended to
read:
   8670.63.  (a) No provision of this chapter, or of Division 7.8
(commencing with Section 8750) of the Public Resources Code, or any
ruling of the administrator, shall be construed to limit, abridge, or
supersede the power of the Attorney General, at the request of the
administrator, or upon his or her own motion, to bring an action in
the name of the people of the State of California to enjoin any
violation of this act, seek necessary remedial action by any person
who violates any of the provisions of this act, or seek civil and
criminal penalties against any person who violates any of the
provisions of this act.
   (b) The Attorney General, at the request of the administrator,
shall undertake actions to enforce this chapter and to recover from
an owner, operator, or responsible party for a release of oil into
state waters all expenditures made from a particular fund. The
resolution of any recovery actions pursuant to this subdivision shall
be approved by the administrator.
  SEC. 12.  Section 8670.66 of the Government Code is amended to
read:
   8670.66.  (a) Any person who intentionally or negligently does any
of the following acts shall be subject to a civil penalty for a
spill of not less than fifty thousand dollars ($50,000) or more than
one million dollars ($1,000,000), or for an inland spill not to
exceed fifty thousand dollars ($50,000), for each violation, and each
day or partial day that a violation occurs is a separate violation:
   (1) Except as provided in Section 8670.27, fails to follow the
direction or orders of the administrator in connection with a spill
or inland spill.
   (2) Fails to notify the Coast Guard that a vessel is disabled
within one hour of the disability and the vessel, while disabled,
causes a spill that enters marine waters. For the purposes of this
paragraph, "vessel" means a vessel, as defined in Section 21 of the
Harbors and Navigation Code, of 300 gross registered tons or more.
   (3) Is responsible for a spill or inland spill, unless the
discharge is authorized by the United States, the state, or other
agency with appropriate jurisdiction.
   (4) Fails to begin cleanup, abatement, or removal of oil as
required in Section 8670.25.
   (b) Except as provided in subdivision (a), any person who
intentionally or negligently violates any provision of this chapter,
or Division 7.8 (commencing with Section 8750) of the Public
Resources Code, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to those provisions, shall be
liable for a civil penalty not to exceed two hundred fifty thousand
dollars ($250,000) for each violation of a separate provision, or,
for continuing violations, for each day that violation continues.
   (c) No person shall be liable for a civil penalty imposed under
this section and for a civil penalty imposed pursuant to Section
8670.67 for the same act or failure to act.
  SEC. 13.  Section 8670.67 of the Government Code is amended to
read:
   8670.67.  (a) Any person who intentionally or negligently does any
of the following acts shall be subject to an administrative civil
penalty for a spill not to exceed two hundred thousand dollars
($200,000), or for an inland spill not to exceed fifty thousand
dollars ($50,000), for each violation as imposed by the administrator
pursuant to Section 8670.68, and each day or partial day that a
violation occurs is a separate violation:
   (1) Except as provided in Section 8670.27, fails to follow the
applicable contingency plans or the direction or orders of the
administrator in connection with an oil spill.
   (2) Fails to notify the Coast Guard that a vessel is disabled
within one hour of the disability and the vessel, while disabled,
causes a discharge that enters marine waters or inland waters. For
the purposes of this paragraph, "vessel" means a vessel, as defined
in Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.
   (3) Is responsible for a spill or inland spill, unless the
discharge is authorized by the United States, the state, or other
agency with appropriate jurisdiction.
   (4) Fails to begin cleanup, abatement, or removal of spilled oil
as required by Section 8670.25.
   (b) Except as provided in subdivision (a), any person who
intentionally or negligently violates any provision of this chapter,
or Division 7.8 (commencing with Section 8750) of the Public
Resources Code, or any permit, rule, regulation, standard, cease and
desist order, or requirement issued or adopted pursuant to those
provisions, shall be liable for an administrative civil penalty as
imposed by the administrator pursuant to Section 8670.68, not to
exceed one hundred thousand dollars ($100,000) for each violation of
a separate provision, or, for continuing violations, for each day
that violation continues.
   (c) No person shall be liable for a civil penalty imposed under
this section and for a civil penalty imposed pursuant to Section
8670.66 for the same act or failure to act.
  SEC. 14.  Section 8670.67.5 of the Government Code is amended to
read:
   8670.67.5.  (a) Any person who without regard to intent or
negligence causes or permits a spill or inland spill shall be
strictly liable civilly in accordance with subdivision (b) or (c).
   (b) A penalty may be administratively imposed by the administrator
in accordance with Section 8670.68 in an amount not to exceed ten
dollars ($10) per gallon of oil released for an inland spill, and in
an amount not to exceed twenty dollars ($20) per gallon for a spill.
The amount of the penalty shall be reduced for every gallon of
released oil that is recovered and properly disposed of in accordance
with applicable law.
   (c) Whenever the release of oil resulted from gross negligence or
reckless conduct, the administrator shall, in accordance with Section
8670.68, impose a penalty in the amount of thirty dollars ($30) per
gallon of oil released for an inland spill, and in an amount not to
exceed sixty dollars ($60) for a spill. The amount of the penalty
shall be reduced for every gallon of released oil that is recovered
and properly disposed of in accordance with applicable law.
   (d) The administrator shall adopt regulations governing the method
for determining the amount of oil that is cleaned up.
  SEC. 15.  Section 8670.69.7 is added to the Government Code, to
read:
   8670.69.7.  All penalties collected under this article for inland
spills shall be deposited into the Fish and Wildlife Pollution
Account in the Fish and Game Preservation Fund and be available for
expenditure in accordance with Section 12017 of the Fish and Game
Code.
  SEC. 16.  Section 4.5 of this bill incorporates amendments to
Section 8670.3 of the Government Code proposed by both this bill and
AB 2547. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 8670.3 of the Government Code, and (3) this bill is
enacted after AB 2547, in which case Section 4 of this bill shall not
become operative.
  SEC. 17.  Section 7.5 of this bill incorporates amendments to
Section 8670.40 of the Government Code proposed by both this bill and
AB 2032. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2009, (2) each
bill amends Section 8670.40 of the Government Code, and (3) this bill
is enacted after AB 2032, in which case Section 7 of this bill shall
not become operative.
  SEC. 18.  Section 8.5 of this bill incorporates amendments to
Section 8670.48 of the Government Code proposed by both this bill and
AB 2547. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2009, (2) each
bill amends Section 8670.48 of the Government Code, and (3) this bill
is enacted after AB 2547, in which case Section 8 of this bill shall
not become operative.