BILL NUMBER: AB 881 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 22, 2013
INTRODUCED BY Assembly Member Chesbro
(Coauthors: Assembly Members Williams and Yamada)
FEBRUARY 22, 2013
An act to amend , repeal, and add Sections 8670.40 and
8670.41 of, and to add Section 8670.43 to, the Government Code,
relating to oil spills.
LEGISLATIVE COUNSEL'S DIGEST
AB 881, as amended, Chesbro. Oil spill prevention and
administrative fee.
Existing law imposes an oil spill prevention and administration
fee in an amount determined by the administrator to implement oil
spill prevention activities, but not to exceed, until January 1,
2015, $0.065 per barrel of crude oil or petroleum products, on
persons owning crude oil or petroleum products at a marine terminal
and thereafter the fee is not to exceed $0.05 per barrel .
The fee is deposited into the Oil Spill Prevention and
Administration Fund in the State Treasury. Upon appropriation by the
Legislature, moneys in the fund are available for specified purposes,
including to cover the costs incurred by the Oiled Wildlife Care
Network for training and field collection and search and rescue
activities.
This bill would , instead, on and after January 1,
2015, increase the maximum annual assessment from
$0.065 to $0.08 per barrel of crude oil or petroleum
products and would allow the administrator to adjust the maximum fee
annually based on the percentage increase in the California Consumer
Price Index, as specified.
Existing law permits the administrator to charge a nontank vessel
owner or operator a reasonable fee, to be collected with each
application to obtain a certificate of financial responsibility, in
an amount that is based upon the administrator's costs in
implementing oil spill prevention relating to nontank vessels.
This bill would , on and after January 1, 2015,
require the fee not to exceed $3,500 per nontank vessel but would
give the administrator discretion to reduce the fee for nontank
vessels that pose a reduced risk of pollution and would allow the
administrator to adjust the maximum fee annually based on the
percentage increase in the California Consumer Price Index, as
specified.
This bill would allow the administrator to transfer up to
$2,000,000 in funds from the Oil Spill Prevention and Administration
Fund to the Oil Spill Response Trust Fund, as described, to fund
specified activities of the Oiled Wildlife Care Network.
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 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 shall not exceed
eight cents ($0.08) per barrel of crude oil or petroleum products.
The administrator may adjust the maximum fee annually based on the
percentage increase in the California Consumer Price Index as
determined pursuant to Section 2212 of the Revenue and Taxation Code.
(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. The administrator shall notify the board of
the adjusted fee rate, which shall be rounded to no more than four
decimal places, to be effective the first day of the month beginning
not less than 30 days from the date of the notification.
(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 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.
(5) 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.
(6) 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.
(7) To cover annual costs incurred by the Oiled Wildlife Care
Network established by Section 8670.37.5, including costs 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.
(g) The moneys deposited in the fund shall not be used to provide
a loan to any other fund.
(h) This section shall become operative on January 1, 2012.
SEC. 2. Section 8670.41 of the Government Code
is amended to read:
8670.41. (a) The administrator shall charge a nontank vessel
owner or operator a reasonable fee, to be collected with each
application to obtain a certificate of financial responsibility, in
an amount not to exceed three thousand five hundred dollars ($3,500)
per nontank vessel for the administrator's costs in implementing this
chapter relating to nontank vessels. The administrator may adjust
the maximum fee annually based on the percentage increase in the
California Consumer Price Index as determined pursuant to Section
2212 of the Revenue and Taxation Code.
(b) Notwithstanding subdivision (a), the administrator may charge
a reduced fee under this section for nontank vessels determined by
the administrator to pose a reduced risk of pollution, including, but
not limited to, vessels used for research or training and vessels
that are moored permanently or rarely move.
(c) The administrator shall deposit all revenue derived from the
fees imposed under this section in the Oil Spill Prevention and
Administration Fund established in the State Treasury under Section
8670.38.
(d) Revenue derived from the fees imposed under this section may
be spent for the purposes listed in subdivision (e) of Section
8670.40, and may not be used for responding to an oil spill.
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 shall not exceed
six and one-half cents ($0.065) per barrel of crude oil or petroleum
products. Beginning January 1, 2015, the annual assessment
shall 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. The administrator shall notify the board of
the adjusted fee rate, which shall be rounded to no more than four
decimal places, to be effective the first day of the month beginning
not less than 30 days from the date of the notification.
(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 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.
(5) 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.
(6) 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.
(7) 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.
(g) The moneys deposited in the fund shall not be used to provide
a loan to any other fund.
(h) This section shall become operative on January 1, 2012.
(h) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. Section 8670.40 is added to the
Government Code , 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 shall not exceed
eight cents ($0.08) per barrel of crude oil or petroleum products.
The administrator may adjust the maximum fee annually based on the
percentage increase in the California Consumer Price Index as
determined pursuant to Section 2212 of the Revenue and Taxation Code.
(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. The administrator shall notify the board of
the adjusted fee rate, which shall be rounded to no more than four
decimal places, to be effective the first day of the month beginning
not less than 30 days from the date of the notification.
(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 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.
(5) 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.
(6) 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.
(7) To cover annual costs incurred by the Oiled Wildlife Care
Network established by Section 8670.37.5, including costs 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.
(g) The moneys deposited in the fund shall not be used to provide
a loan to any other fund.
(h) This section shall become operative on January 1, 2015.
SEC. 3. Section 8670.41 of the
Government Code is amended to read:
8670.41. (a) The administrator shall charge a nontank vessel
owner or operator a reasonable fee, to be collected with each
application to obtain a certificate of financial responsibility, in
an amount that is based upon the administrator's costs in
implementing this chapter relating to nontank vessels. Before January
1, 2005, the fee shall be two thousand five hundred dollars
($2,500), or less per vessel.
(b) The administrator may charge a reduced fee under this section
for nontank vessels determined by the administrator to pose a reduced
risk of pollution, including, but not limited to, vessels used for
research or training and vessels that are moored permanently or
rarely move.
(c) The administrator shall deposit all revenue derived from the
fees imposed under this section in the Oil Spill Prevention and
Administration Fund established in the State Treasury under Section
8670.38.
(d) Revenue derived from the fees imposed under this section may
be spent for the purposes listed in subdivision (e) of Section
8670.40, and may not be used for responding to an oil spill.
(e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 4. Section 8670.41 is added to the
Government Code , to read:
8670.41. (a) The administrator shall charge a nontank vessel
owner or operator a reasonable fee, to be collected with each
application to obtain a certificate of financial responsibility, in
an amount not to exceed three thousand five hundred dollars ($3,500)
per nontank vessel for the administrator's costs in implementing this
chapter relating to nontank vessels. The administrator may adjust
the maximum fee annually based on the percentage increase in the
California Consumer Price Index as determined pursuant to Section
2212 of the Revenue and Taxation Code.
(b) Notwithstanding subdivision (a), the administrator may charge
a reduced fee under this section for nontank vessels determined by
the administrator to pose a reduced risk of pollution, including, but
not limited to, vessels used for research or training and vessels
that are moored permanently or rarely move.
(c) The administrator shall deposit all revenue derived from the
fees imposed under this section in the Oil Spill Prevention and
Administration Fund established in the State Treasury under Section
8670.38.
(d) Revenue derived from the fees imposed under this section may
be spent for the purposes listed in subdivision (e) of Section
8670.40, and may not be used for responding to an oil spill.
(e) This section shall become operative on January 1, 2015.
SEC. 3. SEC. 5. Section 8670.43 is
added to the Government Code, to read:
8670.43. To the extent that the interest earned on the Oil Spill
Response Trust Fund is insufficient to meet the appropriation in
subparagraph (A) of paragraph (2) of subdivision (l) of Section
8670.48, the administrator may transfer up to two million dollars
($2,000,000) in funds from the Oil Spill Prevention and
Administration Fund to the Oil Spill Response Trust Fund to be used,
upon appropriation by the Legislature, to cover the annual costs of
the Oiled Wildlife Care Network described in paragraph (7) of
subdivision (e) of Section 8670.40.