BILL NUMBER: AB 1601	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2012
	AMENDED IN ASSEMBLY  APRIL 19, 2012

INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 6, 2012

   An act to amend  , repeal, and add  Section 8670.41 of
the Government Code, relating to oil spill prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1601, as amended, Huffman. Oil spill prevention: nontank
vessel: certification of financial responsibility.
   Existing law requires the administrator for oil spill response 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 based on the administrator's costs
related to regulating nontank vessels  . Existing law
authorizes the use of revenue derived from the fee for specified
purposes relating to oil spills.
   This bill would  , until January 1, 2018,  limit the fee
to an amount not to exceed  $3,250   $3,500
 per nontank vessel, but would allow the administrator to
annually adjust the maximum fee based on the percentage increase in
the California Consumer Price Index.  The bill would authorize
the administrator, on and after January 1, 2018, to charge the fee in
amount based on the administrator's costs related to regulating
nontank vessels.  The bill would require the revenue derived
from the fees to be spent for those specified purposes related to oil
spills.
   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 8670.41 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  two hundred fifty
dollars ($3,250)   five hundred dollars ($3,500) 
per nontank vessel for the administrator's costs in implementing this
chapter relating to nontank vessels. The administrator may annually
adjust the maximum fee 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 shall
be spent for the purposes listed in subdivision (e) of Section
8670.40, and shall not be used for responding to an oil spill. 
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
   SEC. 2.    Section 8670.41 is added to the  
Government Code   , to read:  
   8670.41.  (a) The administrator may 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
based on the administrator's costs in implementing this chapter
relating to nontank vessels.
   (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 shall
be spent for the purposes listed in subdivision (e) of Section
8670.40, and shall not be used for responding to an oil spill.
   (e) This section shall become operative on January 1, 2018.