California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 4 - Office of Spill Prevention and Response
Chapter 6 - Fund Administration
Section 870.17 - Oil Spill Prevention and Administration Fund Fees
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The Administrator shall establish a barrel fee and a nontank vessel fee. Each fee shall be deposited into the Oil Spill Prevention and Administration Fund, as required by article 6 of chapter 7.4, division 1, title 2 of the Government Code (commencing with Section 8670.38).
(b) Barrel Fee. This fee is assessed upon each barrel of crude oil, petroleum products, or renewable fuel received at a refinery, a marine terminal, or a renewable fuel receiving facility, and renewable fuels shipped from a renewable fuel production facility. The amount of the fee and the process for imposing the fee is described in section 8670.40 of the Government Code.
(c) Nontank Vessel Fee. This fee is imposed on each nontank vessel in an amount that is based upon the Administrator's costs to implement requirements relating to nontank vessels, pursuant to section 8670.41 of the Government Code. The nontank vessel fee is collected by the Administrator at the time the nontank vessel owner or operator applies for a certificate of financial responsibility. The submittal process and fee amounts are provided at subsection (c) of section 791.7 of chapter 2 of this subdivision.
1. New
section filed 3-19-93; operative 3-19-93 (Register 93, No. 12).
2.
Change without regulatory effect amending section filed 6-10-97 pursuant to
section 100, title 1, California Code of
Regulations (Register 97, No. 24).
3. Amendment of section heading
and subsection (a), redesignation of former subsections (b) and (c) as
subsections (a)(1)-(2), new subsections (b)-(b)(4) and amendment of NOTE filed
11-21-2002 as an emergency; operative 1-1-2003 (Register 2002, No. 47). A
Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency
language will be repealed by operation of law on the following
day.
4. Amendment of section heading and subsection (a),
redesignation of former subsections (b) and (c) as subsections (a)(1)-(2), new
subsections (b)-(b)(4) and amendment of NOTE refiled 4-30-2003 as an emergency;
operative 5-2-2003 (Register 2003, No. 18). A Certificate of Compliance must be
transmitted to OAL by 9-2-2003 or emergency language will be repealed by
operation of law on the following day.
5. Certificate of Compliance
as to 4-30-2003 order, including new subsection (b)(2), repealer of subsection
(b)(3) and subsection renumbering, transmitted to OAL 5-15-2003 and filed
6-26-2003 (Register 2003, No. 26).
6. Editorial correction of
subsection (b)(4) (Register 2011, No. 47).
7. Amendment of
subsections (b)(1)-(3) and NOTE filed 11-22-2011 as an emergency; operative
1-1-2012 pursuant to Government Code section
11346.1(d)
(Register 2011, No. 47). A Certificate of Compliance must be transmitted to OAL
by 6-29-2012 or emergency language will be repealed by operation of law on the
following day.
8. Change without regulatory effect amending
subsection (a) filed 12-7-2011 pursuant to section
100, title 1, California Code of
Regulations (Register 2011, No. 49).
9. Certificate of Compliance as
to 11-22-2011 order transmitted to OAL 3-20-2012 and filed 5-1-2012 (Register
2012, No. 18).
10. Repealer of subsections (a)-(a)(2), new
subsections (a)-(b)(6) and subsection relettering filed 10-23-2014 as an
emergency; operative 10-23-2014. Submitted to OAL for printing only pursuant to
Government Code section
8670.7.5,
which provides that the regulation shall be deemed an emergency, shall not be
subject to OAL review, and shall remain in effect for twelve months or until
readopted, whichever is earlier (Register 2014, No. 43).
11.
Reinstatement of section as it existed prior to 10-23-2014 emergency amendment
by operation of Government Code section
11346.1(f)
(Register 2015, No. 44).
12. Repealer of subsections (a)-(a)(2), new
subsections (a)-(b)(6) and subsection relettering refiled 11-3-2015 as an
emergency; operative 11-3-2015 (Register 2015, No. 45). Submitted to OAL for
printing only pursuant to Government Code section
8670.7.5,
which provides that the regulation shall be deemed an emergency, shall be
exempt from describing facts showing the need for immediate action, and shall
not be subject to OAL review. A Certificate of Compliance must be transmitted
to OAL by 2-1-2016 or emergency language will be repealed by operation of law
on the following day.
13. Editorial correction of subsection (b)(6)
(Register 2016, No. 5).
14. Repealer of subsections (a)-(a)(2), new
subsections (a)-(b)(6) and subsection relettering refiled 1-25-2016 as an
emergency; operative 1-25-2016. Submitted to OAL for printing only pursuant to
Government Code section
8670.7.5,
which provides that the regulation shall be deemed an emergency, shall be
exempt from describing facts showing the need for immediate action, shall not
be subject to OAL review, and shall remain in effect for twelve months or until
readopted, whichever is earlier (Register 2016, No. 5).
15. Repealer
of subsections (a)-(a)(2), new subsections (a)-(b)(6) and subsection
relettering refiled 1-23-2017 as an emergency; operative 1-23-2017. Submitted
to OAL for printing only pursuant to Government Code section
8670.7.5,
which provides that the regulation shall be deemed an emergency, shall be
exempt from describing facts showing the need for immediate action, and shall
not be subject to OAL review, and shall remain in effect for twelve months or
until readopted, whichever is earlier (Register 2017, No. 4).
16.
Certificate of Compliance as to 1-23-2017 order, including repealer and new
section heading and section, transmitted to OAL 7-11-2017 and filed 8-22-2017;
new section effective 10-1-2017 pursuant to Government Code section
11343.4(a)
(Register 2017, No. 34).
17. Amendment of subsections (b)(3)(A)-(B),
(b)(5) and (c)(2)(A)-(C)(3) filed 9-23-2021; operative 10-1-2021 pursuant to
Government Code section
11343.4(b)(3)
(Register 2021, No. 39). Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20.
18. Amendment
of subsections (b) and (c) and repealer of subsections (b)(1)-(5) and
(c)(1)-(4) filed 1-31-2022; operative 2-1-2022 pursuant to Government Code
section
11343.4(b)(3)
(Register 2022, No. 5).
Note: Authority cited: Sections 8670.39, 8670.40 and 8670.41, Government Code. Reference: Sections 8670.37.58, 8670.40 and 8670.41, Government Code; and Assembly Bill 815 (Chapter 108, Statutes of 2015), Section 5 uncodified.