Laws, Regulations & Annotations

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Oil Spill Response, Prevention, and Administration Fees Law

Revenue and Taxation Code

Chapter 1. General Provisions and Definitions


Oil Spill Response, Prevention, and Administration Fees Law

Revenue and Taxation Code

Revenue and Taxation Code Provisions Relating to the Oil Spill Response, Prevention, and Administration Fees

(Part 24, Division 2)

[Added Stats. 1991, Ch. 300, effective August 1, 1991.]

Chapter 1. General Provisions and Definitions

46001. Citation of part. This part shall be known and may be cited as the Oil Spill Response, Prevention, and Administration Fees Law.

46002. Collection and administration of fees. The collection and administration of the fees referred to in Sections 46051 and 46052 shall be governed by the definitions contained in Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code, unless expressly otherwise provided by the definitions contained in this part.

46003. Definitions in chapter govern construction of part. Except where the context otherwise requires, the definitions contained in this chapter govern the construction of this part.

46004. Construction as restatements and continuations. The provisions of this part, insofar as they are substantially the same as existing provisions of law relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.

46005. Actions commenced before this part not affected. Any action or proceeding commenced before this part takes effect, or any right accrued, is not affected by this part, but all procedures taken shall conform to the provisions on this part as far as possible.

46006. "Administrator." "Administrator" means the chief deputy director of the Department of Fish and Game appointed by the Governor pursuant to Section 8670.4 of the Government Code.

46007. "Barges." "Barges" means any relatively flat-bottomed, waterborne vessel which is propelled by being pulled or pushed by another vessel, and is constructed or adapted to carry crude oil or petroleum products in commercial quantities as cargo.

46008. "Barrel." "Barrel" means 42 gallons of crude oil or petroleum products.

46009. "Board." "Board" means the State Board of Equalization.

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46010. "Crude oil." "Crude oil" means petroleum in an unrefined or natural state, including condensate and natural gasoline.

46011. "Discharge." "Discharge" means any release of at least one barrel of oil into marine waters which is not authorized by any federal, state, or local government entity.

46012. "Designated amount." "Designated amount" means an amount equal to one hundred nine million seven hundred fifty thousand dollars ($109,750,000), subject to the following:

(a) Fifty-four million eight hundred seventy-five thousand dollars ($54,875,000) shall be retained in the Oil Spill Response Trust Fund as cash.

(b) Fifty-four million eight hundred seventy-five thousand dollars ($54,875,000) shall be accessible in the Oil Spill Response Trust Fund in the form of financial security obtained by the Treasurer.

History.—Stats. 1993, Ch. 1190, in effect October 11, 1993, added ", adjusted for inflation," after "Fifty million dollars ($50,000,000)" in subdivision (b). Stats. 1995, Ch. 940, in effect January 1, 1996, substituted "one hundred nine million seven hundred fifty thousand dollars ($109,750,000)" for "one hundred million dollars ($100,000,000), adjusted for inflation after January 1, 1991" after "amount equal to" in the first paragraph; substituted "Fifty-four million eight hundred seventy-five thousand dollars ($54,875,000)" for "Fifty million dollars ($50,000,000)" before "shall be retained" and deleted ", adjusted for inflation" after "Fund as cash" in subdivision (a); substituted "Fifty-four million eight hundred seventy-five thousand dollars ($54,875,000)" for "Fifty million dollars ($50,000,000), adjusted for inflation" before "shall be accessible" in subdivision (b); and added subdivision (c). Stats. 1996, Ch. 362, in effect January 1, 1997, deleted a comma after "($54,875,000)" in subdivision (b) and deleted subdivision (c) which read: "Commencing June 30, 2003, the amounts designated in this section shall be adjusted for inflation as specified in paragraph (3) of subdivision (h) of Section 8670.48 of the Government Code."

46013. "Feepayer." "Feepayer" means any person who may be liable for the payment of a fee imposed by either Section 8670.40 or 8670.48 of the Government Code.

46014. "Independent crude producer." "Independent crude oil producer" means any person or entity producing crude oil within this state who does not refine crude oil into product, and who does not own or operate any retail gasoline marketing facilities.

46015. "Local government." "Local government" means any chartered or general law city, chartered or general law county, or any city and county.

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46016. "Marine facility." "Marine facility" means any facility of any kind, other than a vessel, which is or was used for the purposes of exploring for, drilling for, producing, storing, handling, transferring, processing, refining, or transporting crude oil or petroleum products and is located in marine waters, or is located where a discharge could impact marine waters unless the facility, (1) is 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 or, (2) is placed on a farm, nursery, logging site, small craft refueling dock as defined in Section 8670.3 of the Government Code, or construction site and does not exceed 20,000 gallons in a single storage tank. For the purposes of this part, a drill ship, semisubmersible drilling platform, jack-up type drilling rig, or any other floating or temporary drilling platform is a "marine facility."

History.—Stats. 1991, Ch. 115, in effect January 1, 1992, substituted ", (1) is" for "is, (1)" after "unless the facility" in the first sentence; added "site, small craft marina" after "nursery, logging" in the second sentence; and added "For the purposes of this part, a small craft . . . sized boat slips." as the third sentence. Stats. 2004, Ch. 796 (SB 1742), in effect January 1, 2005, replaced "small craft marina" with "small craft refueling dock as defined in Section 8670.3 of the Government Code," and deleted second sentence providing "For purposes of . . . sized boat slips."

46017. "Marine terminal." "Marine terminal" means any marine facility used for transferring crude oil or petroleum products to or from tankers or barges. For the purposes of this part, a marine terminal includes all piping not integrally connected to a tank facility as defined in subdivision (k) of Section 25270.2 of the Health and Safety Code.

46018. "Marine waters." "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.

History.—Stats. 2004, Ch. 796 (SB 1742), in effect January 1, 2005, replaced "including" with "and includes" and deleted second sentence.

46019. "Operator." (a) "Operator" means any of the following:

(1) Any person who owns, operates, charters by demise, or leases a vessel.

(2) Any person who owns or operates a marine facility.

(3) Any person who owns or operates a marine pipeline.

(4) Any person who owns or operates a refinery.

(b) "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 his or her security interest in the vessel or marine facility. Also, "operator" does not include any person who owns the land beneath a marine facility or the facility itself if the person is not involved in the operation of the facility.

46020. "Person." "Person" means any individual, trust, firm, joint stock company, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, and association. "Person" also includes any 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.

History.—Stats. 1994, Ch. 1200, in effect September 30, 1994, added "limited liability company," after "partnership,".

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46021. "Petroleum products." "Petroleum products" means any liquid hydrocarbon at atmospheric temperature and pressure that is the product of the fractionation, distillation, or other refining or processing of crude oil and that is used as, useable as, or may be refined as, a fuel or fuel blendstock, including, but not limited to, gasoline, diesel fuel, aviation fuel, bunker fuel, and alcohol fuels containing petroleum products.

46022. "Pipeline." "Pipeline" means any pipeline used at any time to transport crude oil or petroleum products.

46023. "Refinery." "Refinery" means a facility or location which refines crude oil, including condensate and natural gasoline, into petroleum products, lubricating oils, coke, or asphalt.

46024. "Responsible party" or "party responsible." "Responsible party" or "party responsible" means any of the following:

(a) The owner or transporter of crude oil or petroleum products or a person or entity accepting responsibility for the crude oil or petroleum products.

(b) The owner, operator, or lessee of, or person who charters by demise, any vessel or marine facility, or a person or entity accepting responsibility for the vessel or marine facility.

46025. "Spill." "Spill" means any release of at least one barrel of crude oil or petroleum products into marine waters which is not authorized by any federal, state, or local government entity.

46026. (a) "State Interagency Oil Spill Committee." "State Interagency Oil Spill Committee" means the committee established pursuant to Article 3.5 (commencing with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the Government Code.

(b) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.

History.—Stats. 2011, Ch. 133 (AB 120), in effect July 26, 2011, designated the first paragraph as subdivision (a) and added subdivision (b).

46027. "State oil spill contingency plan." "State 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 of Division 1 of Title 2 of the Government Code.

History.—Stats. 2004, Ch. 796 (SB 1742), in effect January 1, 2005, substituted "California" for "state" in first sentence.

46028. "Tanker." "Tanker" means any self-propelled, waterborne vessel, constructed or adapted for the carriage of crude oil or petroleum products in bulk or in commercial quantities as cargo.

46029. "Vessel." "Vessel" means a tanker or barge as defined in this chapter.

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