BILL NUMBER: AB 1530	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 27, 2009

    An act to amend Section 8670.40 of the Government Code,
relating to oil spills.   An act to add Section 38562.5
to the Health and Safety Code, relating to greenhouse gas emissions.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1530, as amended, Skinner.  Oil spills: prevention and
response: fees.   Greenhouse gas emission reduction
measures.  
   The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board to adopt greenhouse gas emissions limits
and emission reduction measures by regulation. Existing law requires
that any regulation adopted by the state board regarding greenhouse
gas emission reductions ensure that the greenhouse gas emission
reductions achieved are real, permanent, quantifiable, verifiable,
and enforceable by the state board.  
   This bill would require the state board to adopt protocols for the
evaluation, quantification, and verification of any greenhouse gas
emission reduction measure that relies on electrical energy
efficiency to ensure that the reductions comply with existing
requirements. The bill would require the state board, in adopting
these protocols, to consult with the Public Utilities Commission, the
State Energy Resources Conservation and Development Commission, and
experts in the field of energy efficiency.  
   Existing law, 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.  
   The act requires the State Board of Equalization to collect a fee
in an amount determined by the administrator sufficient to carry out
specified oil spill prevention and response purposes, excluding
response to an oil spill. The annual fee is prohibited from exceeding
$0.05 per barrel of crude oil or petroleum products and is required
to be deposited in the Oil Spill Prevention and Administration Fund.
Moneys in the fund are available for appropriation by the Legislature
for specified purposes.  
   This bill would raise the upper limits of the fee to $0.08 per
barrel. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 38562.5 is added to the 
 Health and Safety Code   , to read:  
   38562.5.  The state board shall adopt protocols for the
evaluation, quantification, and verification of any greenhouse gas
emission reduction measure that relies on electrical energy
efficiency to ensure that the reductions comply with the requirements
of Section 38562. In adopting these protocols, the state board shall
consult with the Public Utilities Commission, the Energy Resources
Conservation and Development Commission, and experts in the field of
energy efficiency. The protocols shall apply to any energy efficiency
measure claimed as a greenhouse gas emission reduction measure.
 
  SECTION 1.    Section 8670.40 of the Government
Code is amended to read:
   8670.40.  (a) The State Board of Equalization shall collect a fee
in an amount determined by the administrator to be sufficient to
carry out the purposes set forth in subdivision (e), and a reasonable
reserve for contingencies. The 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 the crude oil
is received at a marine terminal from within or outside the state,
and upon a person owning petroleum products at the time that those
petroleum products are received at a marine terminal from outside
this state. The fee shall be collected by the marine terminal
operator from the owner of the crude oil or petroleum products based
on each barrel of crude oil or petroleum products so received by
means of a vessel operating in, through, or across the marine waters
of the state. In addition, 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 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.