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. 28, July 12, 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					 language will be repealed by operation of law on the following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.