reglab/housing_qa huggingface dataset:
CA Govt Code § 8670.37.51 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 5.5 - Financial Responsibility|Section 8670.37.51.

8670.37.51.  (a) A tank vessel or vessel carrying oil as a secondary cargo shall not be used to transport oil across waters of the state unless the owner or operator has applied for and obtained a certificate of financial responsibility issued by the administrator for that vessel or for the owner of all of the oil contained in and to be transferred to or from that vessel.(b) An operator of a marine terminal within the state shall not transfer oil to or from a tank vessel or vessel carrying oil as a secondary cargo unless the operator of the marine terminal has received a copy of a certificate of financial responsibility issued by the administrator for the operator of that vessel or for all of the oil contained in and to be transferred to or from that vessel.(c) An operator of a marine terminal within the state shall not transfer oil to or from any vessel that is or is intended to be used for transporting oil as cargo to or from a second vessel unless the operator of the marine terminal has first received a copy of a certificate of financial responsibility issued by the administrator for the person responsible for both the first and second vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to or from both vessels.(d) An owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for the facility or the oil to be handled, stored, or transported by the facility.(e) Pursuant to Section 8670.37.58, nontank vessels shall obtain a certificate of financial responsibility.(Amended by Stats. 2014, Ch. 35, Sec. 32. (SB 861) Effective June 20, 2014.)
CA Govt Code § 8670.37.52 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 5.5 - Financial Responsibility|Section 8670.37.52.

8670.37.52.  The certificate of financial responsibility shall be conclusive evidence that the person or entity holding the certificate is the party responsible for the specified vessel, facility, or oil for purposes of determining liability pursuant to this chapter.(Amended by Stats. 2014, Ch. 35, Sec. 33. (SB 861) Effective June 20, 2014.)
CA Govt Code § 8670.37.53 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 5.5 - Financial Responsibility|Section 8670.37.53.

8670.37.53.  (a) To receive a certificate of financial responsibility for a tank vessel or for all of the oil contained within that vessel, the applicant shall demonstrate to the satisfaction of the administrator the financial ability to pay at least one billion dollars ($1,000,000,000) for any damages that may arise during the term of the certificate.(b) The administrator may establish a lower standard of financial responsibility for small tank barges, vessels carrying oil as a secondary cargo, and small marine fueling facilities. The standard shall be based on the quantity of oil that can be carried or stored and the risk of spill into waters of the state. The administrator shall not set a standard that is less than the expected costs from a reasonable worst case oil spill into waters of the state.(c) (1) To receive a certificate of financial responsibility for a facility, the applicant shall demonstrate to the satisfaction of the administrator the financial ability to pay for any damages that might arise during a reasonable worst case oil spill into waters of the state that results from the operations of the facility. The administrator shall consider criteria including, but not necessarily limited to, the amount of oil that could be spilled into waters of the state from the facility, the cost of cleaning up spilled oil, the frequency of operations at the facility, and the damages that could result from a spill.(2) The administrator shall adopt regulations to implement this section.(Amended by Stats. 2014, Ch. 35, Sec. 34. (SB 861) Effective June 20, 2014.)
CA Govt Code § 8670.37.54 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 5.5 - Financial Responsibility|Section 8670.37.54.

8670.37.54.  (a) For the purposes of this chapter, financial responsibility may be demonstrated by evidence of insurance, surety bond, letter of credit, qualifications as a self-insurer, or any combination thereof or other evidence of financial responsibility.(b) In adopting requirements under this article, the administrator may specify policy or other contractual terms, conditions, or defenses which are necessary or which are unacceptable in establishing evidence of financial responsibility, in order to effectuate the purposes of this article.(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
CA Govt Code § 8670.37.55 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 5.5 - Financial Responsibility|Section 8670.37.55.

8670.37.55.  (a) An owner or operator of more than one tank vessel, vessel carrying oil as a secondary cargo, nontank vessel, or facility shall only be required to obtain one certificate of financial responsibility for all of those vessels and facilities owned or operated.(b) If a person holds a certificate for more than one tank vessel, vessel carrying oil as a secondary cargo, nontank vessel, or facility and a spill or spills occurs from one or more of those vessels or facilities for which the owner or operator may be liable for damages in an amount exceeding 5 percent of the financial resources reflected by the certificate, as determined by the administrator, the certificate shall immediately be considered inapplicable to any vessel or facility not associated with the spill. In that event, the owner or operator shall demonstrate to the satisfaction of the administrator the amount of financial ability required pursuant to this article, as well as the financial ability to pay all damages that arise or have arisen from the spill or spills that have occurred.(Amended by Stats. 2014, Ch. 35, Sec. 35. (SB 861) Effective June 20, 2014.)
CA Govt Code § 8670.37.56 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 5.5 - Financial Responsibility|Section 8670.37.56.

8670.37.56.  If the administrator determines that, because of a spill outside of the state or some other action or potential liability, the holder of a certificate may not have the financial resources to pay damages for the spill or liability and have resources remaining available to meet the requirements of this chapter, the administrator may suspend the certificate.(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
CA Govt Code § 8670.37.57 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 5.5 - Financial Responsibility|Section 8670.37.57.

8670.37.57.  No certificate of financial responsibility shall have a term greater than two years. The administrator may issue certificates for shorter periods where appropriate.(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
CA Govt Code § 8670.37.58 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 5.5 - Financial Responsibility|Section 8670.37.58.

8670.37.58.  (a) A nontank vessel shall not enter waters of the state unless the nontank vessel owner or operator has provided to the administrator evidence of financial responsibility that demonstrates, to the administrator’s satisfaction, the ability to pay at least three hundred million dollars ($300,000,000) to cover damages caused by a spill, and the owner or operator of the nontank vessel has obtained a certificate of financial responsibility from the administrator for the nontank vessel.(b) Notwithstanding subdivision (a), the administrator may establish a lower standard of financial responsibility for a nontank vessel that has a carrying capacity of 6,500 barrels of oil or less, or for a nontank vessel that is owned and operated by California or a federal agency and has a carrying capacity of 7,500 barrels of oil or less. The standard shall be based upon the quantity of oil that can be carried by the nontank vessel and the risk of an oil spill into waters of the state. The administrator shall not set a standard that is less than the expected cleanup costs and damages from an oil spill into waters of the state.(c) A nontank vessel fee shall be submitted along with the application for the certificate, as required pursuant to Section 8670.41.(d) The administrator may adopt regulations to implement this section.(Amended by Stats. 2016, Ch. 209, Sec. 7. (AB 2912) Effective January 1, 2017.)
CA Govt Code § 8670.38 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 6 - The Oil Spill Prevention and Administration Fund|Section 8670.38.

8670.38.  (a) The Oil Spill Prevention and Administration Fund is hereby created in the State Treasury. The money in the fund is available for appropriation by the Legislature and may only be used for the purposes of this chapter, Article 3.5 (commencing with Section 8574.1) of Chapter 7, and Division 7.8 (commencing with Section 8750) of the Public Resources Code.(b) For the purposes of this article, “fund” refers to the Oil Spill Prevention and Administration Fund.(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
CA Govt Code § 8670.39 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 6 - The Oil Spill Prevention and Administration Fund|Section 8670.39.

8670.39.  (a) The administrator shall administer the fund in accordance with this article.(b) The administrator may develop and adopt any rules, regulations, and guidelines determined to be necessary to carry out and enforce this article.(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
CA Govt Code § 8670.40.5 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 6 - The Oil Spill Prevention and Administration Fund|Section 8670.40.5.

8670.40.5.  (a) For each fiscal year, consistent with this article, the administrator shall submit, as a proposed appropriation in the Governor’s Budget, an amount up to two million five hundred thousand dollars ($2,500,000) for the purpose of equipping, operating, and maintaining the network of oiled wildlife rescue and rehabilitation stations and proactive oiled wildlife search and collection rescue efforts established pursuant to Section 8670.37.5 and for the support of technology development and research related to oiled wildlife care.(b) The administrator shall report to the Legislature, upon request, on the progress and effectiveness of the network of oiled wildlife rescue and rehabilitation stations established pursuant to Section 8670.37.5 and the adequacy of the Oil Spill Prevention and Administration Fund to meet the purposes for which the network was established.(c) At the administrator’s request, any funds made available for purposes of this section may be directly appropriated to a suitable program for wildlife health and rehabilitation within a school of veterinary medicine within this state, if an agreement exists, consistent with this chapter, between the administrator and an appropriate representative of the program for carrying out that purpose. The administrator shall attempt to have an agreement in place at all times. The agreement shall ensure that the training of, and the care provided by, the program staff are at levels that are consistent with those standards generally accepted within the veterinary profession.(d) Any funds made available for purposes of this section shall not be considered an offset to any other state funds appropriated to the program, the program’s associated school of veterinary medicine, or the program’s associated college or university. The funds shall not be used for any other purpose. If an offset does occur or the funds are used for an unintended purpose, the administrator may terminate expenditure of any funds appropriated for purposes of this section and the administrator may request a reappropriation to accomplish the intended purpose. The administrator shall annually review and approve the proposed uses of any funds made available for purposes of this section.(Added by Stats. 2014, Ch. 35, Sec. 38. (SB 861) Effective June 20, 2014.)
CA Govt Code § 8670.41 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 6 - The Oil Spill Prevention and Administration Fund|Section 8670.41.

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.(Amended by Stats. 2004, Ch. 796, Sec. 31. Effective January 1, 2005.)
CA Govt Code § 8670.42 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 6 - The Oil Spill Prevention and Administration Fund|Section 8670.42.

8670.42.  (a) The administrator and the State Lands Commission, independently, shall contract with the Department of Finance for the preparation of a detailed report that shall be submitted on or before January 1, 2013, and no less than once every four years thereafter, to the Governor and the Legislature on the financial basis and programmatic effectiveness of the state’s oil spill prevention, response, and preparedness program. This report shall include an analysis of all of the oil spill prevention, response, and preparedness program’s major expenditures, fees and fines collected, staffing and equipment levels, spills responded to, and other relevant issues. The report shall recommend measures to improve the efficiency and effectiveness of the state’s oil spill prevention, response, and preparedness program, including, but not limited to, measures to modify existing contingency plan requirements, to improve protection of environmentally sensitive sites, and to ensure adequate and equitable funding for the state’s oil spill prevention, response, and preparedness program.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(Amended by Stats. 2014, Ch. 35, Sec. 39. (SB 861) Effective June 20, 2014.)
CA Govt Code § 8670.46 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 7 - Oil Spill Response Trust Fund|Section 8670.46.

8670.46.  (a) The Oil Spill Response Trust Fund is hereby created in the State Treasury. Notwithstanding Section 13340, the money in the fund is continuously appropriated to the administrator for expenditure, without regard to fiscal years, for the purposes of this article.(b) For the purposes of this article, “fund” refers to the Oil Spill Response Trust Fund.(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
CA Govt Code § 8670.47 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 7 - Oil Spill Response Trust Fund|Section 8670.47.

8670.47.  (a) The administrator shall administer the fund in accordance with this article.(b) The administrator may develop and adopt any rules, regulations, and guidelines determined to be necessary to carry out and enforce this article.(c) The administrator is responsible for ensuring that there are adequate moneys available in the fund to carry out the purposes of this chapter.(Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
CA Govt Code § 8670.47.5 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 7 - Oil Spill Response Trust Fund|Section 8670.47.5.

8670.47.5.  The following shall be deposited into the fund:(a) The fee required pursuant to Section 8670.48.(b) Any federal funds received to pay for response, containment, abatement, and rehabilitation costs from an oil spill in waters of the state.(c) Any money borrowed by the Treasurer pursuant to Article 7.5 (commencing with Section 8670.53.1) or any draw on the financial security obtained by the Treasurer pursuant to subdivision (o) of Section 8670.48.(d) Any interest earned on the moneys in the fund.(e) Any costs recovered from responsible parties pursuant to Section 8670.53 and subdivision (e) of Section 8670.53.1.(Amended by Stats. 2014, Ch. 35, Sec. 40. (SB 861) Effective June 20, 2014.)
CA Govt Code § 8670.48.5 (2021)
2021 California Code|Government Code - GOV|TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA|DIVISION 1 - GENERAL|CHAPTER 7.4 - Oil Spill Response and Contingency Planning|ARTICLE 7 - Oil Spill Response Trust Fund|Section 8670.48.5.

8670.48.5.  (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.(Amended by Stats. 2007, Ch. 373, Sec. 7. Effective October 10, 2007.)