Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Oil Spill Response, Prevention, and Administration Fees Law and Government Code

Government Code

Chapter 7.4. Oil Spill Response and Contingency Planning

Article 7. Oil Spill Response Trust Fund

Section 8670.48.5

8670.48.5. Findings required as condition of increase in amount of fee. (a) The administrator may raise the fees specified in Section 8670.48 to a maximum of one dollar ($1) per barrel, provided that the fee may only be raised by maximum increments of twenty-five cents ($0.25) not more frequently than once every three months. The administrator shall raise the fee only upon making all of the following findings:

(1) There have been, or are existing, demands for expenditures from the fund for allowable purposes that have severely depleted or exhausted, or will severely deplete or exhaust, the fund.

(2) The Governor has requested the Treasurer to borrow the moneys and the Treasurer finds that the fee is insufficient for the Treasurer to borrow enough money to meet the reasonably anticipated demands on the fund for authorized expenditures, including providing moneys for the costs of response, containment, and cleanup of oil spills, damage assessment costs, wildlife rehabilitation, emergency loans, and damage claims, and to repay those borrowings, or the Treasurer finds that the fee is insufficient to repay and secure existing draws by the administrator on the financial security obtained by the Treasurer pursuant to subdivision (o) of Section 8670.48 or borrowings by the Treasurer pursuant to Article 7.5 (commencing with Section 8670.53.1).

(3) Failure to raise the fee in the amount proposed will result in unmet or unpaid, authorized expenditures or noncompliance with any resolutions or contracts entered into in connection with obtaining the financial security pursuant to subdivision (o) of Section 8670.48 or borrowings by the Treasurer pursuant to Article 7.5 (commencing with Section 8670.53.1).

(b) At least 30 days prior to the day the increased fee shall be effective, the administrator shall inform the Legislature of his or her intent to raise the fee.

(c) Each incremental increase shall be effective until the later of (1) the delivery by the Treasurer of a certificate to the administrator as authorized by subdivision (f) of Section 8670.53.3 or (2) the expiration date established by the administrator not to exceed one year. The increase may be renewed by the administrator before its expiration upon making the findings required by subdivision (a).

(d) It is the intent of the Legislature that the fund shall not be used for any purpose other than those set forth in this chapter.

History.—Stats. 1992, Ch. 1312, in effect September 30, 1992, rewrote subdivision (c) which read: "No single, incremental increase shall be effective for more than one year, unless renewed by the director before the expiration of the year upon making the findings required in subdivision (a). The administrator may establish an expiration date of less than one year.". Stats. 1993, Ch. 1190, in effect October 11, 1993, added ", or will severely deplete or exhaust, the fund" after "or exhausted" in subdivision (a)(1); added "or the Treasurer has . . . secure existing borrowings" after "and damage claims" in subdivision (a)(2); and deleted "The Legislature may reject the increase by statute." at the end of subdivision (b). Stats. 2007, Ch. 373 (AB 1220), in effect January 1, 2008, deleted "A calamitous or unforeseen event, or series of events, has" and added "There have been, or are existing, demands for expenditures from the fund for allowable purposes that have" in paragraph (a)(1); substituted "moneys" for "funds", added "and to repay those borrowings," after ", and damage claims,", deleted "has previously borrowed funds pursuant to the Governor's request, and the Treasurer" before "finds that the fee", and substituted "draws by the administrator on the financial security obtained by the Treasurer pursuant to subdivision (o) of Section 8670.48 or borrowings by the Treasurer pursuant to Article 7.5 (commencing with Section 8670.53.1)" for "borrowings" in paragraph (a)(2); deleted "," after "will result in unmet" and added "or noncompliance with any resolutions or contracts . . . (commencing with Section 8670.53.1)" in paragraph (a)(3); substituted "Each" for "A single," before "incremental increase shall" and substituted "(f)" for "(e)" after "authorized by subdivision" in subdivision (c).